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Case No. 20-0447

Gordon v. Wells Fargo Bank, N.A.

Lance Gordon,

Plaintiff-Appellant,

vs.

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,

Defendants-Appellees.

Attorney for Appellant

Benjamin Bergmann and Jessica Donels

Christopher Stewart

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

Opinion Number:
20-0447
Date Published:
May 26, 2021
Summary

            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.

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