Marla Montell v. Diversified Clinical Services, et al

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OPINION and JUDGMENT filed: The district court s grant of summary judgment as to the retaliation claim is REVERSED, and the case is REMANDED to the district court for further proceedings consistent with the opinion of this court. The district court s grant of summary judgment on all other claims and its denial of the motion for sanctions are AFFIRMED. Decision for publication. Richard F. Suhrheinrich, Karen Nelson Moore (AUTHORING), and Helene N. White, Circuit Judges. [13-6186, 13-6231]

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Case: 13-6186 Document: 41-3 Filed: 06/27/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 13-6186/6231 FILED MARLA MONTELL, Plaintiff - Appellant/Cross - Appellee, Jun 27, 2014 DEBORAH S. HUNT, Clerk v. DIVERSIFIED CLINICAL SERVICES, INC.; AUSTIN DAY, Defendants - Appellees/Cross - Appellants. Before: SUHRHEINRICH, MOORE, and WHITE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Kentucky at Frankfort. THIS CAUSE was heard on the record from the district court and was submitted on the briefs without oral argument. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s grant of summary judgment as to the retaliation claim is REVERSED, and the case is REMANDED to the district court for further proceedings consistent with the opinion of this court. IT IS FURTHER ORDERED that the district court’s grant of summary judgment on all other claims and its denial of the motion for sanctions are AFFIRMED. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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