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No. 8645121
United States Court of Appeals for the Ninth Circuit
Marlo v. United Parcel Service, Inc.
No. 8645121 · Decided October 25, 2007
No. 8645121·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 25, 2007
Citation
No. 8645121
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Michael Mario appeals the district court’s grant of summary judgment in favor of United Parcel Service (“UPS”) on his claim that UPS misclassified its Full-Time Supervisors (“FTS”) as nonexempt employees. Summary judgment is appropriate where, viewing the evidence in the light most favorable to the nonmoving party, there is no genuine issue of material fact. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). Mario has raised material issues of fact related to whether the FTS “customarily and regularly exercise! ] discretion and independent judgment.” Cal.Code Regs. tit. 8, § 11090(l)(A)(l)(d) (2005). Accordingly, summary judgment as to that issue was improper. REVERSED AND REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Michael Mario appeals the district court’s grant of summary judgment in favor of United Parcel Service (“UPS”) on his claim that UPS misclassified its Full-Time Supervisors (“FTS”) as nonexempt employees.
Key Points
01MEMORANDUM ** Michael Mario appeals the district court’s grant of summary judgment in favor of United Parcel Service (“UPS”) on his claim that UPS misclassified its Full-Time Supervisors (“FTS”) as nonexempt employees.
02Summary judgment is appropriate where, viewing the evidence in the light most favorable to the nonmoving party, there is no genuine issue of material fact.
03Mario has raised material issues of fact related to whether the FTS “customarily and regularly exercise!
04Accordingly, summary judgment as to that issue was improper.
Frequently Asked Questions
MEMORANDUM ** Michael Mario appeals the district court’s grant of summary judgment in favor of United Parcel Service (“UPS”) on his claim that UPS misclassified its Full-Time Supervisors (“FTS”) as nonexempt employees.
FlawCheck shows no negative treatment for Marlo v. United Parcel Service, Inc. in the current circuit citation data.
This case was decided on October 25, 2007.
Use the citation No. 8645121 and verify it against the official reporter before filing.