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Hugh TITO, Plaintiff-Appellant, v. Ashton B. CARTER, The Honorable, Secretary, Department of Defense (Defense Logistics Agency), Defendant-Appellee

United States Court of Appeals for the Fourth Circuit2016-08-16No. No. 16-1036
668 F. App'x 27

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Opinion

majority opinion

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PER CURIAM:

Hugh Tito appeals the district court’s order granting Defendant’s motion for summary judgment and dismissing his civil action alleging age discrimination in a promotion decision and in setting his compensation while he held a temporary position. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Tito v. Hagel, No. 3:14-cv-00453-REP, 2015 WL 7288120 (E.D. Va. Nov. 17, 2015). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

Although Defendant may not have complied with Local Rule 7(E), district courts in the Eastern District of Virginia do not view a violation of that rule as fatal to a motion for summary judgment. See Hunt v. Calhoun Cnty, Bank, Inc., 8 F.Supp.3d 720, 731 (E.D. Va. 2014) ("Failure to meet and confer does not automatically result in denial of a motion. Rather, sanctions for failure to meet and confer lie within a district courts discretion and its inherent power to control its docket.” (citations omitted)).