American Airlines, Inc. v. Robert Mawhinney ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 5 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMERICAN AIRLINES, INC., No. 19-55566
Petitioner-Appellee, D.C. No. 3:18-cv-00731-BTM-
WVG
v.
ROBERT STEVEN MAWHINNEY, MEMORANDUM*
Respondent-Appellant.
Appeal from the United States District Court
for the Southern District of California
Barry Ted Moskowitz, District Judge, Presiding
Submitted June 2, 2020**
Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.
Robert Steven Mawhinney appeals pro se from the district court’s judgment
granting American Airlines, Inc.’s petition to confirm an arbitration award. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo. Johnson v. Gruma
Corp., 614 F.3d 1062, 1065 (9th Cir. 2010). We affirm.
*
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).
In his opening brief, Mawhinney challenges only the propriety of the
decision to compel arbitration of his claim for whistleblowing retaliation, brought
under the Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century (“AIR21”), 49 U.S.C. § 42121. However, the order compelling arbitration
of his AIR21 claim has already been affirmed in American Airlines, Inc. v.
Mawhinney, 904 F.3d 1114 (9th Cir. 2018).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 19-55566