Heather DEBERRY, Plaintiff-Appellant, v. BROOKDALE HOSPITAL MEDICAL CENTER, Defendant-Appellee, 699 F. App'x 72

SUMMARY ORDER Plaintiff-appellant Heather DeBerry (“DeBerry”)) proceeding pro se, appeals the District Court’s grant of

summary judgment to defendant-appellee Brookdale Hospital Medical Center (“Brookdale”) on her Title VII action. DeBerry alleged discrimination on the basis of race and national origin, hostile work environment, and retaliation. On appeal, DeBerry argues that the District Court relied on impermissible hearsay when granting

summary judgment. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. “We review de novo a district court’s grant of

summary judgment, ‘construing the evidence in the light most favorable to the non-moving party and drawing all reasonable inferences in its favor.’ ” Minda v. United States, 851 F.3d 231, 234 (2d Cir. 2017) (quoting SCR Joint Venture L.P. v. Warshawsky, 559 F.3d 133, 137 (2d Cir. 2009)). DeBerry primarily argues that the District Court improperly granted

summary judgment because it relied on hearsay evidence. However, DeBerry (then counseled) waived this argument by failing to object in the District Court. Fed. R. Evid. 103(a)(1)(A) (“A party may claim error in a ruling to admit or exclude evidence only if ... a party, on the record ... timely objects or moves to strike.... ”). DeBerry also challenges the District Court’s merits analysis, albeit only in passing. Upon independent review of the record, and principally for the reasons set forth in the District Court’s July 8, 2016 memorandum and order, we conclude that the District Court properly granted

summary judgment. CONCLUSION We have reviewed all of the arguments raised by DeBerry on appeal and find them to be without merit. For the foregoing reasons, we AFFIRM the July 12, 2016 judgment of the District Court.