Professional Documents
Culture Documents
No. 08-1560
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Leonie M. Brinkema,
District Judge. (1:07-cv-01231-LMB-BRP)
Submitted:
MICHAEL,
Decided:
Circuit
Judges,
and
HAMILTON,
PER CURIAM:
denying
Ali
Mokhtare
appeals
his
petition
for
2679(d)(3)
(2006).
He
the
district
certification
argues
the
courts
under
district
28
court
order
U.S.C.
erred
in
employment
factual
determination,
findings
upon
but
determination rests.
reviews
which
the
for
legal
clear
error
any
scope-of-employment
Barker does
Columbia
applies
to
resolve
the
scope
of
Mokhtares
employment.
employment
determination
stipulation).
In
the
based
District
solely
of
on
Columbia,
the
an
parties
employees
Wilson v. Libby, 535 F.3d 697, 711 (D.C. Cir. 2008) (quoting
Restatement (Second) of Agency 228(1) (1958)).
Our review of the record in light of these standards
leads us to conclude that the district court did not err in
denying Mokhtares petition for certification and his request
for
discovery.
order
denying
dispense
with
Accordingly,
Mokhtares
oral
we
affirm
petition
argument
for
because
the
district
courts
certification.
the
facts
and
We
legal
AFFIRMED