John Russo v. Office Depot, Inc.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JANUARY 25, 2010
JOHN LEY
ACTING CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-13835
Non-Argument Calendar
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D. C. Docket No. 08-01257-CV-BBM-1
JOHN RUSSO,
Plaintiff-Appellant,
versus
OFFICE DEPOT, INC.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Georgia
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(January 25, 2010)
Before TJOFLAT, HULL and FAY, Circuit Judges.
PER CURIAM:
In this appeal, John Russo challenges the district court’s June 26,

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2009 order granting summary judgment on his claims for breach of contract and
unjust enrichment. He contends that material issues of fact remain that are
sufficient to establish a case for the jury on both claims. Regarding his breach of
contract claim, he argues that the record before the district court precluded its
determinations, among others, that the evidence was insufficient to establish the
alleged contract because the evidence failed to show (1) a meeting of the minds
between the parties, (2) the terms of the contract , and (3) adequate consideration
for Office Depot’s purported promises.
We have carefully considered the record in this case and, for the reasons the
district court stated in its June 26 order, find no merit in either of Russo’s claims.
The judgment of the district court is, accordingly,
AFFIRMED.
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