Hugh Tito v. Ashton Carter

668 F. App'x 27

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 16, 2016
• Docket: 16-1036
• Status: Unpublished

Opinion

Unpublished opinions are not binding precedent in this circuit,

PER CURIAM:

Hugh Tito appeals the district court’s order granting Defendant’s motion for summary judgment and dismissing his civil action alleging age discrimination in a promotion decision and in setting his compensation while he held a temporary position. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. * Tito v. Hagel, No. 3:14-cv-00453- REP, 2015 WL 7288120 (E.D. Va. Nov. 17, 2015). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

* Although Defendant may not have complied with Local Rule 7(E), district courts in the Eastern District of Virginia do not view a violation of that rule as fatal to a motion for summary judgment. See Hunt v. Calhoun Cnty, Bank, Inc., 8 F.Supp.3d 720, 731 (E.D. Va. 2014) ("Failure to meet and confer does not automatically result in denial of a motion. Rather, sanctions for failure to meet and confer lie within a district court's discretion and its inherent power to control its docket.” (citations omitted)).