U.S. Court of Appeals for the Ninth Circuit, 2011

Michael Drumm v. Morningstar, Inc.

Michael Drumm v. Morningstar, Inc.
U.S. Court of Appeals for the Ninth Circuit · Decided February 25, 2011 · Adelman, Schroeder, Thomas
416 F. App'x 606

Michael Drumm v. Morningstar, Inc.

Opinion

MEMORANDUM **

Michael Drumm appeals the district court’s grant of summary judgment with respect to his discrimination claim on the basis of sexual orientation. Drumm, however, failed to establish a prima facie case of discrimination because he failed to show that “he was performing competently in the position he held.” Guz v. Bechtel Nat’l, Inc., 24 Cal.4th 317, 355, 100 Cal. Rptr.2d 352, 8 P.3d 1089 (2000). The evidence shows that Drumm acted unprofessionally in his relationship with two of his employer’s major clients and that both clients expressed their discontent with *607 Drumm’s performance. Drumm failed to submit specific facts that would create a genuine issue of material fact as to the quality of his performance or the reasons for his termination. Fed.R.Civ.P. 56(c).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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