Gregory Kane v. UPS Pension Plan Board

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-03719-RDB Copies to all parties and the district court/agency. [999446782].. [14-1032]

Appeal: 14-1032

Doc: 35

Filed: 10/01/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1032

GREGORY KANE,
Plaintiff – Appellant,
v.
UPS PENSION PLAN BOARD OF TRUSTEES,
Defendant - Appellee.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:11-cv-03719-RDB)

Submitted:

September 23, 2014

Decided:

October 1, 2014

Before SHEDD, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Denise M. Clark, CLARK LAW GROUP, PLLC, Washington, D.C., for
Appellant. J. Timothy McDonald, THOMPSON HINE LLP, Atlanta,
Georgia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1032

Doc: 35

Filed: 10/01/2014

Pg: 2 of 2

PER CURIAM:
Gregory Kane appeals from the district court’s orders
granting summary judgment to Appellee and denying Kane’s motion
to

reinstate

parties

and

a

claim.

the

We

record,

have

and

we

reviewed
find

no

the

briefs

of

reversible

the

error.

Accordingly, we affirm for the reasons stated by the district
court.

Kane v. UPS Pension Plan, No. 1:11-cv-03719-RDB (D. Md.

Oct. 23 & Dec. 11, 2013).

In addition, we note that Kane raised

certain claims regarding his motion to reinstate for the first
time in his reply brief.

We find these claims waived.

Equal

Rights Ctr. v. Niles Bolton Assocs., 602 F.3d 597, 604 n.4 (4th
Cir. 2010) (holding that argument not raised in opening brief is
waived).
legal

We dispense with oral argument because the facts and

contentions

before this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

2