determined that Sweetwater’s suggested non-retaliatory justifications were post hoc rationalizations for its decision to fire Coach Martinez—a decision the district court said was impermissibly retaliatory. See id.
D
Sweetwater timely appealed the district court’s decisions (1) to grant partial summary judgment to Plaintiffs on their Title IX unequal participation claim; (2) to grant Plaintiffs’ motions to exclude expert testimony and 38 untimely disclosed witnesses; (3) to deny Sweetwater’s motion to strike Plaintiffs’ Title IX retaliation claim; and (4) to grant a permanent injunction to Plaintiffs on their Title IX claims, including those alleging (a) unequal treatment of and benefits to female athletes at Castle Park, and (b) retaliation.[1]
II
We review de novo a district court’s grant of a motion for summary judgment to determine whether, viewing the evidence in the light most favorable to the nonmoving party, there exists a genuine dispute as to any material fact and whether the district court correctly applied the substantive law. See Fed. R. Civ. P. 56(a); Cameron v. Craig, 713 F.3d 1012, 1018 (9th Cir. 2013).
- ↑ Sweetwater also gave notice of its intent to appeal the district court’s decision to certify the Plaintiffs’ proposed class. However, neither of Sweetwater’s briefs on appeal includes argument on the district court’s decision to grant class certification. Sweetwater’s appeal on that issue is waived. See Hall, 697 F.3d at 1071.
