Gregory Kane v. UPS Pension Plan Board, No. 14-1032 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1032 GREGORY KANE, Plaintiff Appellant, v. UPS PENSION PLAN BOARD OF TRUSTEES, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:11-cv-03719-RDB) Submitted: September 23, 2014 Decided: October 1, 2014 Before SHEDD, WYNN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Denise M. Clark, CLARK LAW GROUP, PLLC, Washington, D.C., for Appellant. J. Timothy McDonald, THOMPSON HINE LLP, Atlanta, Georgia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gregory Kane appeals from the district court s orders granting summary judgment to Appellee and denying Kane s motion to reinstate parties and a claim. the We record, have and we reviewed find no the briefs of reversible the error. Accordingly, we affirm for the reasons stated by the district court. Kane v. UPS Pension Plan, No. 1:11-cv-03719-RDB (D. Md. Oct. 23 & Dec. 11, 2013). In addition, we note that Kane raised certain claims regarding his motion to reinstate for the first time in his reply brief. We find these claims waived. Equal Rights Ctr. v. Niles Bolton Assocs., 602 F.3d 597, 604 n.4 (4th Cir. 2010) (holding that argument not raised in opening brief is waived). legal We dispense with oral argument because the facts and contentions before this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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