Gary Phillips v. Nlyte Software Americas Ltd.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:13-cv-01965-DKC. Copies to all parties and the district court. [999654298].. [15-1262]
Appeal: 15-1262
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1262
GARY T. PHILLIPS,
Plaintiff - Appellant,
v.
NLYTE SOFTWARE AMERICAS LIMITED,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Deborah K. Chasanow, Senior District
Judge. (8:13-cv-01965-DKC)
Submitted:
August 31, 2015
Decided:
September 4, 2015
Before GREGORY, AGEE, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Barton David Moorstein, BLANK, MOORSTEIN & LIPSHUTZ, LLP,
Rockville, Maryland, for Appellant. Robert G. Young, BOWDITCH &
DEWEY, LLP, Framingham, Massachusetts, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Gary
T.
Phillips
appeals
the
district
court’s
order
granting summary judgment to the Defendant in his civil action
claiming breach of contract and violation of the Maryland Wage
Payment and Collection Law.
On appeal, he contends that the
district court erred because his employment contract required
the Defendant to pay him a mathematically calculated commission
when a sale occurred in his geographic region; the terms of his
compensation plan were ambiguous; and the Defendant withheld his
commission “not as a result of a bona fide dispute.”
We
review
whether
the
district
court
erred
We affirm.
in
granting
summary judgment de novo, applying the same legal standards as
the district court and viewing the evidence in the light most
favorable to the nonmoving party.
Walker v. Mod-U-Kraf Homes,
LLC, 775 F.3d 202, 207 (4th Cir. 2014).
The district court must
enter summary judgment “against a party who fails to make a
showing
sufficient
to
establish
the
existence
of
an
element
essential to that party’s case, and on which that party will
bear the burden of proof at trial.”
477 U.S. 317, 322 (1986).
Celotex Corp. v. Catrett,
“Where the record taken as a whole
could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.”
Matsushita
Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)
(citation and internal quotation marks omitted).
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We have reviewed the record and the parties’ briefs, and we
conclude that the district court did not err in granting summary
judgment
to
the
Defendant.
Accordingly,
reasons stated by the district court.
we
affirm
for
the
See Phillips v. Nlyte
Software Americas Ltd., No. 8:13-cv-01965-DKC (D. Md. Feb. 9,
2015).
legal
before
We dispense with oral argument because the facts and
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
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