Thomas Kulish v. Rite Aid Corporation and Ecker, No. 13-1044 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1044 THOMAS B. KULISH, On behalf of himself and on behalf of all other similarly situated employees, Plaintiff Appellant, v. RITE AID CORPORATION AND ECKERD CORPORATION, Aid; RITE AID OF MARYLAND, INC. d/b/a Rite Aid, d/b/a Rite Defendants Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Ellen L. Hollander, District Judge. (1:11-cv-03178-ELH) Submitted: June 7, 2013 Before TRAXLER, Judges. Chief Decided: Judge, and GREGORY and August 16, 2013 DIAZ, Circuit Affirmed by unpublished per curiam opinion. Martin A. Shellist, Daryl J. Sinkule, SHELLIST LAZARZ SLOBIN LLP, Houston, Texas; Judd G. Millman, LUCHANSKY LAW, Towson, Maryland, for Appellant. Suzzanne W. Decker, Michael B. Howard, MILES & STOCKBRIDGE, P.C., Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thomas Kulish, along with two other individuals who optedin to this collective action, appeals the district court s order granting defendants summary judgment on Kulish s Second Amended Class Action Complaint alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and the Maryland Wage and Hour Law, Md. Code, Lab. & Empl. § 3-401 et. seq. We have reviewed the record and find no reversible error. Accordingly, we district court. affirm and materials legal before the reasons ably stated by the Kulish v. Rite Aid Corp., No. ELH-11-3178 (D. Md. Dec. 13, 2012). facts for We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 2

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