Baxter
Baxter v. National Safety Council
Opinion
Lead Opinion
MEMORANDUM **
Phillip W. Baxter and Nola Baxter appeal the district court’s summary judgment in favor of the National Safety Council (“the NSC”), Evangelos Galounis, and Jane Doe Galounis. Pursuant to Federal Rule of Civil Procedure 56(c), the district court granted summary judgment dismissing the Baxters’ claims for breach of contract, violations of wage statutes, negligent misrepresentation, and wrongful discharge in violation of public policy. 1 Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
We review a district court’s grant of summai’y judgment de novo. Qwest Communications, Inc. v. Berkeley, 433 F.3d 1253 , 1256 (9th Cir.2006).
The Baxters failed to file an opposition to NSC’s motion for summary judgment. Nonetheless, summary judgement cannot be granted solely because the Baxters failed to oppose it. See Martinez v. Stanford, 323 F.3d 1178, 1183 (9th Cir.2003); Henry v. Gill Indus., Inc., 983 F.2d 943, 950 (9th Cir.1993). Rather, the moving party, NSC, must show that “there is no genuine issue as to any material…