Robert Tobey v. Keiter, Stephens, Hurst, Gary & Shreaves, No. 14-1114 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1114 ROBERT L. TOBEY, CPA, Plaintiff - Appellant, v. KEITER, STEPHENS, HURST, GARY & SHREAVES, A Professional Corporation; 2009 AMENDED AND RESTATED RETIREMENT OBLIGATION PLAN OF KEITER, STEPHENS, HURST, GARY & SHREAVES, A Professional Corporation, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Senior District Judge. (3:13-cv-00315-JRS) Submitted: October 31, 2014 Decided: November 18, 2014 Before GREGORY and KEENAN, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Richard F. Hawkins, III, THE HAWKINS LAW FIRM, PC, Richmond, Virginia, for Appellant. Andrew P. Sherrod, Jaime B. Wisegarver, HIRSCHLER FLEISCHER, P.C., Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert L. Tobey appeals the district court’s orders granting summary judgment in favor of Appellees on his claim under the Employee Retirement Income Security Act and granting Appellees’ motion to dismiss his state law breach of contract claims for lack of subject matter jurisdiction. reviewed the record and find no reversible error. We have Accordingly, we affirm for the reasons stated by the district court. Tobey v. Keiter, Stephens, Hurst, Gary & Shreaves, No. 3:13-cv-00315JRS (E.D. Va. Aug. 13, 2013; Jan. 7, 2014). oral argument adequately because presented in the the facts and materials We dispense with legal contentions are before this and court argument would not aid the decisional process. AFFIRMED 2