GRUPO ALTEX SA DE CV SA CV v. GOWAN COMPANY (2020)

MEMORANDUM **

Grupo Altex S.A. de C.V. and Frexport S.A. de C.V. (collectively, “Plaintiffs”) appeal the dismissal of their complaint against Gowan Company, LLC, Gowan Mexican Holding Company, LLC, and JRJ Partners, LLC (collectively, “Defendants”). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Defendants’ motion to dismiss included a declaration and documents showing that they were not the parties that caused Plaintiffs’ alleged injuries. See Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). Despite having the opportunity to submit evidence in response, Plaintiffs expressly chose to rest on their pleadings. Plaintiffs do the same on appeal, but unverified allegations in pleadings do not suffice to rebut contrary evidence. Leite v. Crane Co., 749 F.3d 1117, 1121 (9th Cir. 2014); Lew v. Kona Hosp., 754 F.2d 1420, 1423 (9th Cir. 1985). Plaintiffs also urge that the district court erred in not providing discovery, but because they never sought discovery in the district court, they cannot raise the issue for the first time on appeal. See Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys., Inc.), 754 F.3d 772, 780 (9th Cir. 2014). On this record, the district court did not err in dismissing the complaint.

AFFIRMED.