[T][U] Simmons v. Modesto City School District

MEMORANDUM* Beverly and Stanford Simmons appeal the summary judgment in favor of defendants in this employment discrimination action. The Simmonses argue that a conflict between defendant Mello's deposition testimony and his affidavit in support of the summary judgment motion generates a genuine issue of material fact that should preclude summary judgment. We review summary judgments de novo. Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir. 1994). We do not make credibility determinations or weigh the evidence; we only determine whether there is a genuine issue of material fact remaining for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986).