Filed: Jun. 08, 1998
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 97-10966 Summary Calendar IVY L. CHAMBERS, Plaintiff-Appellant, VERSUS UNITED PARCEL SERVICE, INC., Defendant-Appellee. Appeal from the United States District Court For the Northern District of Texas (4:96-CV-560-A) June 3, 1998 Before DUHE’, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Ivy L. Chambers, the plaintiff-appellant, sued his former employer, United Parcel Service, Inc., the defendant-appellee, alleging age discrimination in
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 97-10966 Summary Calendar IVY L. CHAMBERS, Plaintiff-Appellant, VERSUS UNITED PARCEL SERVICE, INC., Defendant-Appellee. Appeal from the United States District Court For the Northern District of Texas (4:96-CV-560-A) June 3, 1998 Before DUHE’, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Ivy L. Chambers, the plaintiff-appellant, sued his former employer, United Parcel Service, Inc., the defendant-appellee, alleging age discrimination in ..
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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-10966
Summary Calendar
IVY L. CHAMBERS,
Plaintiff-Appellant,
VERSUS
UNITED PARCEL SERVICE, INC.,
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
(4:96-CV-560-A)
June 3, 1998
Before DUHE’, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Ivy L. Chambers, the plaintiff-appellant, sued his former
employer, United Parcel Service, Inc., the defendant-appellee,
alleging age discrimination in violation of the Age Discrimination
and Employment Act. See 29 U.S.C. §621, et seq. The plaintiff
asserted that he has been impermissibly terminated because of his
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
age. Following discovery, the defendant moved for summary judgment
and the district court granted that motion. The plaintiff does not
attack the propriety of the district court’s decision concerning
the motion for summary judgment.
Prior to the defendant’s motion for summary judgment, the
plaintiff sought leave to amend his complaint in order to dismiss
his age discrimination case without prejudice, to add a race
discrimination claim, assert a claim for defamation against an
additional defendant, and make a jury demand. The district court
denied the plaintiff’s motion on the grounds of undue delay and
prejudice to the defendant. Additionally, in response to the
defendant’s motion for summary judgment, the plaintiff requested a
continuance of the defendant’s motion in order to conduct or obtain
further discovery. The plaintiff’s motion for a continuance was
denied upon a finding that the plaintiff had failed to comply with
the dictates of Fed. R. Civ. P. 56(f). The plaintiff appeals both
of these rulings.
After a review of the record, the briefs, and the reasons
stated by the district court, we hereby AFFIRM.