Ron Gehrlein v. Horizon Science Academy-Deniso


Per Curiam OPINION filed : AFFIRMED, decision not for publication pursuant to local rule 28(g). Alan E. Norris, Circuit Judge; R. Guy Cole , Jr., Circuit Judge and Raymond M. Kethledge, Circuit Judge.

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Case: 09-4523 Document: 006110945554 Filed: 05/03/2011 Page: 1 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 11a0290n.06 FILED No. 09-4523 May 03, 2011 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LEONARD GREEN, Clerk RON GEHRLEIN, Plaintiff-Appellant, v. HORIZON SCIENCE ACADEMY DENNISON MIDDLE SCHOOL, INC. Defendant-Appellee. ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO OPINION BEFORE: NORRIS, COLE, and KETHLEDGE, Circuit Judges. PER CURIAM. Plaintiff Ron Gehrlein appeals from the magistrate’s award of summary judgment to defendant Horizon Science Academy - Denison Middle School, Inc. In 2008, plaintiff sued Horizon alleging discrimination under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq; and state law claims for intentional infliction of emotional distress and punitive damages. The parties consented to have the case heard by a magistrate judge, who granted summary judgment for the defendant on all issues. Having had the benefit of oral argument and having carefully considered the record on appeal, the briefs of the parties, and the applicable law, we are not persuaded that the magistrate judge erred in granting summary judgment to the defendant. Case: 09-4523 Document: 006110945554 Filed: 05/03/2011 Page: 2 No. 09-4523 Gehrlein v. Horizon Science Academy Because the reasoning which supports judgment for defendant has been articulated by the magistrate judge, the issuance of a detailed written opinion by this court serves no useful purpose. Accordingly, the judgment of the district court is affirmed upon the reasoning employed by the magistrate judge in his Opinion and Order filed on November 16, 2009. -2-

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