Brenda Carlsen v. Stanford University

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRENDA CARLSEN,
Plaintiff - Appellant,
v.
STANFORD UNIVERSITY,
Defendant - Appellee.
No. 14-15579
D.C. No. 5:13-cv-04738-PSG
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Paul S. Grewal, Magistrate Judge, Presiding
Argued and Submitted April 14, 2016
San Francisco, California
Before: WALLACE, SCHROEDER, and KOZINSKI, Circuit Judges.
Brenda Carlsen appeals from the district court’s judgment denying remand
and dismissing her case against Stanford University. Carlsen seeks damages for
loss of consortium, stemming from Stanford’s termination of her husband, Dan
Gazzano. We affirm. Res judicata bars Carlsen’s claim because when she
FILED
APR 25 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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attempted to join her husband’s lawsuit, the district court dismissed her claim, as
preempted by § 301 of the Labor Management Relations Act, and she did not
appeal that judgment. See Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394,
398 (1981).
Stanford’s motion to take judicial notice is denied.
AFFIRMED.
2

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