Opinion
No. 10-7023.
Filed On: August 4, 2010.
BEFORE: Rogers, Tatel, and Griffith, Circuit Judges
ORDER
Upon consideration of the motion for summary affirmance, the opposition thereto, and the reply; and the court's order to show cause filed May 13, 2010, it is
ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED that the motion for summary affirmance be granted. The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). The district court properly granted summary judgment because, once appellee demonstrated the absence of a "genuine issue as to any material fact," appellant failed to meet his burden of coming forward with "specific facts showing a genuine issue for trial." Fed.R.Civ.P. 56(c) (e). As the district court correctly concluded, there is no evidence of a relevant contractual or fiduciary relationship between appellant and appellee, and even if such a relationship existed, there is no evidence that appellee violated any applicable obligation.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.