Jonathan Abed v. Vyaire Medical, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 1 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JONATHAN ABED, No. 23-55273

Plaintiff-Appellee, D.C. No. 8:21-cv-01012-JVS-JDE

v.

VYAIRE MEDICAL, INC.,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted March 26, 2024 Pasadena, California

Before: RAWLINSON, LEE, and BRESS, Circuit Judges.

Jonathan Abed sued his former employer Vyaire Medical, Inc. for not paying

him a bonus that he claims he earned. Vyaire responds that Abed had to remain at

his position at the time the bonus was issued and that he did not do so. The district

court granted summary judgment for Abed at the eve of trial. We have jurisdiction

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. under 28 U.S.C. § 1291 and review summary judgments de novo. Desire, LLC v.

Manna Textiles, Inc., 986 F.3d 1253, 1259 (9th Cir.…