John M. Floyd & Associates, Inc. v. TAPCO Credit Union

MEMORANDUM

John M. Floyd & Associates, Inc. (“JMFA”) appeals the district court’s grant of summary judgment in favor of TAPCO Credit Union (“TAPCO”). JMFA specializes in an overdraft protection software that allows financial institutions to generate additional non-interest revenue, for which JMFA is paid a commission. JMFA contracted with TAPCO to install JMFA’s Overdraft Privilege Program in TAPCO. Alleging that TAPCO failed to pay under the contract, JMFA brought four claims against TAPCO: (1) breach of contract, (2) accounting, (3) unjust enrichment, and (4) breach of the duty of good faith and fair dealing. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. We review de novo the district court’s order granting summary judgment. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). In opposing summary judgment, JMFA failed to present evidence cognizable under Federal Rule of Civil Procedure 56(c)(4) that TAPCO implemented or continued to use JMFA’s services, products, or recommendations after the contract terminated on December 31, 2007. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). JMFA may…