Salmans v. Arthur J. Gallagher & Co. et al

Filing 35

MEMORANDUM AND ORDER granting 31 Motion for Partial Summary Judgment. (Signed by Magistrate Judge Stephen Wm Smith) Parties notified. (jmarchand)

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S a l m a n s v. Arthur J. Gallagher & Co. et al D o c . 35 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION GER A LD R. SALMANS, Plaintiff, v. AR T H U R J. GALLAGHER & CO. and AR T H U R J. GALLAGHER RISK MANAGEMENT SERV ICES, INC., Defendants. CIVIL ACTION H-08-2228 M E M O R A N D U M AND ORDER B e fo r e the court is defendants' Arthur J. Gallagher and Arthur J. Gallagher R isk Management Services, Inc.'s (AJG) motion for partial summary judgment. ( D k t. 31). Plaintiff does not oppose this motion. (Dkt. 32). Defendants's motion is granted. Plaintiff Gerald Salmans, a former AJG employee, brings this action claiming th a t AJG breached his employment contract by failing to pay him certain bonuses a n d vacation pay. AJG moves for partial summary judgment against Salman's c la im s for vacation pay because AJG's contract with Salman's expressly states that " v a c a t io n pay must be used or it will be lost" and "an employee may not request p a y m e n t for vacation time in lieu of unused vacation." D. Ex. C-1. Salman now concedes that he was not entitled to payment for vacation pay tim e under the employment agreement. Accordingly, defendants' motion for p a rtia l summary judgment denying the vacation pay claim is granted. S ig n ed at Houston, Texas on December 28, 2009.

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