Neely v. Benchmark Family Services

Justia Dockets & Filings Sixth Circuit Ohio Southern District Neely v. Benchmark Family Services

Neely v. Benchmark Family Services

Plaintiff:	David Neely
Defendant:	Benchmark Family Services
Case Number:	3:2013cv00415
Filed:	December 13, 2013
Court:	U.S. District Court for the Southern District of Ohio
Office:	Dayton Office
County:	CLARK
Presiding Judge:	Thomas M Rose
Nature of Suit:	Americans with Disabilities - Employment
Cause of Action:	42 U.S.C. § 12101
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
April 21, 2015	Filing 28 ENTRY AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT, (DOC. 23 ), AND TEMINATING CASE. Because Plaintiff neither was disabled, had a record of being disabled, nor was regarded as disabled, summary judgment is awarded to Defendant on Plaintiff's discrimination claims. Because Plaintiff was not engaged in protected activity, summary judgment is awarded to defendant on Plaintiffs retaliation claim. Because Defendants' motion for summary judgment on Plaintiff's claim for wrongful dis charge in violation of public policy is unopposed, summary judgment is awarded to Defendant on Plaintiffs claim for wrongful discharge in violation of public policy. Because there is no evidence Defendant engaged in outrageous behavior, summary judgm ent is awarded to Defendant on Plaintiffs claim of intentional infliction of emotionaldistress. Because Plaintiff cannot prevail on any of his claims, Defendant's Motion for Summary Judgment, doc. 23 , is GRANTED. The Clerk is ORDERED to enter judgment in favor of Defendant and against Plaintiff on all of Plaintiff's claims. The instant case is terminated from the dockets of the United States District Court, Southern District of Ohio at Dayton. Signed by Judge Thomas M. Rose on 4/20/15. (ep)

Date Filed

Document Text

April 21, 2015

Filing 28 ENTRY AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT, (DOC. 23 ), AND TEMINATING CASE. Because Plaintiff neither was disabled, had a record of being disabled, nor was regarded as disabled, summary judgment is awarded to Defendant on Plaintiff's discrimination claims. Because Plaintiff was not engaged in protected activity, summary judgment is awarded to defendant on Plaintiffs retaliation claim. Because Defendants' motion for summary judgment on Plaintiff's claim for wrongful dis charge in violation of public policy is unopposed, summary judgment is awarded to Defendant on Plaintiffs claim for wrongful discharge in violation of public policy. Because there is no evidence Defendant engaged in outrageous behavior, summary judgm ent is awarded to Defendant on Plaintiffs claim of intentional infliction of emotionaldistress. Because Plaintiff cannot prevail on any of his claims, Defendant's Motion for Summary Judgment, doc. 23 , is GRANTED. The Clerk is ORDERED to enter judgment in favor of Defendant and against Plaintiff on all of Plaintiff's claims. The instant case is terminated from the dockets of the United States District Court, Southern District of Ohio at Dayton. Signed by Judge Thomas M. Rose on 4/20/15. (ep)

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Plaintiff: David Neely
Represented By:	Lucas W Wilder
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Defendant: Benchmark Family Services
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