Vishal Sharma v. Subway Real Estate, LLC ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
VISHAL SHARMA, No. 19-15436
Plaintiff-Appellant, D.C. No. 3:18-cv-00238-MMD-
CBC
v.
SUBWAY REAL ESTATE, LLC, et al. MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted February 4, 2020**
Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.
Vishal Sharma appeals pro se from the district court’s judgment dismissing
his diversity action alleging claims related to a franchise agreement. We have
jurisdiction under 28 U.S.C. § 1291. We affirm.
The district court properly dismissed Sharma’s action because the claims
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Sharma alleged were subject to arbitration. See Sparling v. Hoffman Constr. Co.,
864 F.2d 635, 638 (9th Cir. 1988) (district court may dismiss an action where the
claims alleged are subject to arbitration).
We reject as meritless Sharma’s contention that appellees should be held in
contempt of court.
We do not consider documents not filed with the district court. See United
States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).
Appellees’ opposed motion to amend the caption is granted. The Clerk is
directed to amend the caption on the docket to replace “Doctor’s Associates, Inc.”
with “Doctor’s Associates, Inc. n/k/a Doctor’s Associates, LLC.”
Sharma’s opposed motion to file a supplemental brief is denied.
AFFIRMED.
2 19-15436