Novak
Novak v. Seiko Corp.
Opinion
Lead Opinion
ORDER
The panel hereby withdraws the memorandum disposition filed on April 17, 2002. It files a new memorandum disposition contemporaneous with this order.
The petition for rehearing is denied. No further petition will be entertained.
MEMORANDUM *
Mickey Novak appeals the district court’s order granting summary judgment to defendants Seiko Corporation (SC), Seiko Instruments, Inc. (SII), Seiko Epson Corporation (SE), and Time Tech, Inc. (TT). Novak claims he is entitled to compensation for introducing the Seiko family of companies to Nike Corporation. Novak bases his claims on theories of implied contract, fraud, and misrepresentation. The district court granted summary judgment in favor of the Seiko companies. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.
Because the parties are familiar with the facts of this case, we repeat them here only as necessary.
We review a grant of summary judgment de novo. See Delta Svgs. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001). We must determine, viewing the evidence in the light most favorable to the nonmoving party (Novak), whether there are any genuine issues of material fact and whether the district…