Citation Codes Equivalent Citations citation codes Docket Number No. 09-17702. Attorney(S) Stephen Montoya, Montoya Jimenez, PA a Professional Association of Lawyers, Phoenix, AZ, John E. Osborne, Esquire, William C. Bacon, Esquire, Maria Del Pilar Mendoza, Esquire, Goldberg Osborne, Tucson, AZ, for Plaintiffs-Appellants. Raymond M. Deeny, Esquire, Sherman Howard, LLC, Colorado Springs, CO, William A Wright, Esquire, Sherman Howard, LLC, Denver, CO, Michael C. Grubbs, Esquire, Sherman Howard LLC, Phoenix, AZ, for Defendants-Appel-lees. Judges Diarmuid Fionntain O'Scannlain Stephen S. Trott David G. Campbell Acts The Public Health And Welfare — Equal Opportunity For Individuals With Disabilities — Findings And Purpose See more information ... Smart Summary Please sign up to generate summary. James R. MEIRHOFER; Ann L. Meirhofer, Plaintiffs-Appellants, v. SMITH'S FOOD AND DRUG CENTERS INC., doing business as Fry's Food and Drug Stores, Inc. doing business as Fry's Food Stores, Inc.; Kroger Company, Defendants-Appellees. MEMORANDUM This disposition is not appropriate for publication and except as provided by Ninth Circuit Rule 36-3. James Meirhofer appeals from the district court's summary judgment in favor of his employer on his hostile work environment claim under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. The facts are known to the parties and will not be repeated here except to the extent necessary. Assuming, arguendo, that hostile work environment claims are cognizable under the ADA, we conclude that Meirhofer's allegations do not rise to the level of "a discriminatorily hostile or abusive environment." Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). At most, the derogatory nickname and occasional insulting comments constituted "simple teasing" and "isolated incidents" and were not sufficiently severe or pervasive to alter the terms and conditions of his employment and create an abusive work environment. Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998). AFFIRMED.