Michael Drumm v. Morningstar, Inc.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Lynn S. Adelman, District Judge for the United States**
District Court for the Eastern District of Wisconsin, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL DRUMM,
Plaintiff - Appellant,
v.
MORNINGSTAR, INC.,
Defendant - Appellee.
No. 09-17572
D.C. No. 3:08-cv-03362-TEH
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Thelton E. Henderson, Senior District Judge, Presiding
Argued and Submitted February 18, 2011
San Francisco, California
Before: SCHROEDER and THOMAS, Circuit Judges, and ADELMAN, District
Judge.**
Michael Drumm appeals the district court’s grant of summary judgment with
respect to his discrimination claim on the basis of sexual orientation. Drumm,
FILED
FEB 25 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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however, failed to establish a prima facie case of discrimination because he failed
to show that “he was performing competently in the position he held.” Guz v.
Bechtel Nat’l, Inc., 24 Cal. 4th 317, 355 (2004). The evidence shows that
Drumm acted unprofessionally in his relationship with two of his employer’s major
clients and that both clients expressed their discontent with Drumm’s performance.
Drumm failed to submit specific facts that would create a genuine issue of material
fact as to the quality of his performance or the reasons for his termination. Fed. R.
Civ. P. 56(c).
AFFIRMED.

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