Thomas v. Nationwide Mutual Insurance

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT KIM A. THOMAS,  Plaintiff-Appellant, v.  No. 02-1066 NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant-Appellee.  Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA-00-3335-PJM) Submitted: August 29, 2002 Decided: October 3, 2002 Before WIDENER, WILKINS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. COUNSEL Lisa Alexis Jones, JONES & TOWNS, P.L.L.C., Washington, D.C., for Appellant. Patricia McHugh Lambert, Steven B. Schwartzman, HODES, ULMAN, PESSIN & KATZ, P.A., Towson, Maryland, for Appellee. 2 THOMAS v. NATIONWIDE MUTUAL INSURANCE Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Kim A. Thomas appeals the district court’s order granting sum- mary judgment to Nationwide Mutual Ins. Co. ("Nationwide") in this employment discrimination case under Title VII of the Civil Rights Act of 1964, as amended, and 42 U.S.C. § 1981 (2000). On appeal, Thomas maintains that the district court erred in finding that she failed to make out a prima facie case of race and gender discrimina- tion and that, in any event, she could not show that Nationwide’s legitimate, non-discriminatory reasons for the challenged actions were pretextual. This court reviews a district court’s order granting summary judg- ment de novo and views the facts in the light most favorable to the nonmoving party. Scheduled Airlines Traffic Offices, Inc. v. Objec- tive, Inc., 180 F.3d 583, 590-91 (4th Cir. 1999). Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). Once the moving party discharges its burden by showing there is an absence of evidence to support the nonmoving party’s case, Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986), the nonmov- ing party must come forward with specific facts showing there is a genuine issue for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). Summary judgment will be granted unless a reasonable jury could return a verdict for the nonmoving party on the evidence presented. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). In light of the arguments raised on appeal, we have reviewed the transcript of the court’s hearing on the motion for summary judgment and the other materials submitted in the joint appendix, and find no reversible error. Accordingly, we affirm on the reasoning of the dis- trict court. See Thomas v. Nationwide Mutual Ins. Co., No. CA-00- THOMAS v. NATIONWIDE MUTUAL INSURANCE 3 3335-PJM (D. Md. Dec. 12, 2001) (granting Nationwide’s motion for summary judgment for the reasons stated from the bench). (J.A. at 916-33). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED