Wanda E. Smith-Jeter v. Artspace Everett Lofts Condominium Association; Quantum Management Services, Inc.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WANDA E. SMITH-JETER,
Plaintiff-Appellant,
v.
ARTSPACE EVERETT LOFTS
CONDOMINIUM ASSOCIATION;
QUANTUM MANAGEMENT SERVICES,
INC.,
Defendants-Appellees.
No. 18-35987
D.C. No. 2:17-cv-01857-JPD
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
James P. Donohue, Magistrate Judge, Presiding**
Submitted July 15, 2019***
Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.
Wanda E. Smith-Jeter appeals pro se from the district court’s summary
* 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).
FILED
JUL 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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judgment in her action alleging a retaliation claim under the Fair Housing Act
(“FHA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
Walker v. City of Lakewood, 272 F.3d 1114, 1122 (9th Cir. 2001). We affirm.
The district court properly granted summary judgment because Smith-Jeter
failed to raise a genuine dispute of material fact as to whether defendants subjected
her to an adverse action. See id. at 1128 (elements of a prima facie retaliation
claim under the FHA).
The district court did not abuse its discretion by denying Smith-Jeter’s
request for default because defendants had appeared and indicated an intent to
defend themselves in the action. See Fed. R. Civ. P. 55(a) (permitting the entry of
default only when a defendant “has failed to plead or otherwise defend”); Eitel v.
McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986) (standard of review and factors
for determining whether to enter default judgment; default judgments are generally
disfavored and cases should be decided on the merits whenever reasonably
possible).
AFFIRMED.

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