Opinion

Farazi v. Oracle America, Inc.

Court
Court of Appeals for the Ninth Circuit
Filed
Apr 23, 2026
Status
Unpublished
Cited by
0 cases
Authority
More cited than 40.3%

setting forth standard of review and stating documents available at time of opposition to summary judgment were not “newly discovered evidence” warranting reconsideration

How later courts described this case

  • setting forth standard of review and stating documents available at time of opposition to summary judgment were not “newly discovered evidence” warranting reconsideration
  • describing exhaustion requirements for Title VII claims

Written by the judges who cited it.

The opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 23 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHANNON FARAZI, No. 24-7239

D.C. No.

Plaintiff - Appellant, 2:24-cv-01133-GJL

v.

MEMORANDUM*

ORACLE OF AMERICA, INC.,

Defendant - Appellee.

Appeal from the United States District Court

for the Western District of Washington

Grady J. Leupold, Magistrate Judge, Presiding**

Submitted April 22, 2026***

Before: LEE, DESAI, and JOHNSTONE, Circuit Judges.

Shannon Farazi appeals pro se from the district court’s judgment dismissing

her employment action. We have jurisdiction under 28 U.S.C. § 1291. We review

*

This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

**

The parties consented to proceed before a magistrate judge. See 28

U.S.C. § 636(c).

***

The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

de novo the district court’s dismissal under Federal Rule of Civil Procedure

12(b)(6). Wood v. City of San Diego, 678 F.3d 1075, 1080 (9th Cir. 2012).

We affirm.

The district court properly dismissed for failure to timely exhaust Farazi’s

claims under Title VII because Farazi failed to allege facts sufficient to show that

she timely filed a charge with the Equal Employment Opportunity Commission

(“EEOC”). See 42 U.S.C. § 2000e-5(e)(1) (providing that a charge of

discrimination must be filed with the EEOC within 300 days of the allegedly

unlawful practice where the person aggrieved has initially instituted proceedings

with a State agency with authority to grant or seek relief from such practice); Scott

v. Gino Morena Enters., LLC, 888 F.3d 1101, 1106 (9th Cir. 2018) (describing

exhaustion requirements for Title VII claims).

The district court properly dismissed Farazi’s claims under the Immigration

and Nationality Act, as amended by Immigration Reform and Control Act of 1986,

because Farazi’s charges were based on the same set of facts as her claim under

Title VII. See 8 U.S.C. § 1324b(b)(2) (prohibiting charges “based on the same set

of facts [as a claim] filed with the [EEOC] under title VII”).

The district court did not abuse its discretion in denying Farazi’s motion for

reconsideration because Farazi failed to show any basis for relief. See Fed. R. Civ.

P. 60(b); Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255,

2 24-7239

1262-63 (9th Cir. 1993) (setting forth standard of review and stating documents

available at time of opposition to summary judgment were not “newly discovered

evidence” warranting reconsideration).

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending motions and requests are denied.

AFFIRMED.

3 24-7239

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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