Gordon v. Wells Fargo Bank, N.A.
Wells Fargo Bank-National Association (N.A.), d/b/a Wells Fargo Home Mortgage; and Wells Fargo & Company, d/b/a Wells Fargo Home Mortgage; Christie Peterson, in her individual and professional capacity; and Tad Lincoln, in his individual and professional capacity,
Attorney for Appellant
Benjamin Bergmann and Jessica Donels
Attorney for Appellee Wells Fargo Bank, N.A., Wells Fargo & Company, and Tad Lincoln
Michael A. Giudicessi and Susan P. Elgin
Attorney for Appellee Christie Peterson
Kelsey L. Knowles
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (9 pages)
Lance Gordon appeals the district court order granting defendant Wells Fargo Bank, N.A.’s motion for summary judgment. On appeal, Gordon argues (1) a material dispute of fact precluded granting the summary judgment motion; (2) the district court erred by determining Gordon’s managers could not be individually sued; and (3) Gordon is entitled to recover under Iowa Code chapter 91A (2018) for the commissions he was entitled to within thirty days of his termination. OPINION HOLDS: No issue of material fact precluded granting summary judgment. Gordon has not established he was performing his work satisfactorily, so he does not meet the second element of a prima facie case for race discrimination. Even if he had shown a prima facie case, he cannot show the defendant’s proffered justification for its actions was pretext. The district court properly dismissed Gordon’s individual managers as defendants. Finally, Gordon is not entitled to recover under Iowa Code chapter 91A. We affirm.