Wilder v. The Ohio State University Medical Center

Filing 10

OPINION AND ORDER granting 5 Motion for Partial Judgment on the Pleadings. The Court dismisses with prejudice Count II of Plaintiff's Complaint. Signed by Judge Michael H. Watson on 6/22/2018. (ew)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Ron Wilder,
Plaintiff,

Case No. 2:17-cv-920

v.

Judge Michael H. Watson

The Ohio State University
Wexner Medical Center,

Magistrate Judge Jolson

Defendant.
OPINION AND ORDER
Defendant The Ohio State University Wexner Medical Center
("Defendant") moves the Court to enter partial judgment on the pleadings as to
Count II of Plaintiff Ron Wilder's ("Plaintiff'') Complaint, in which he alleges age
discrimination under the Age Discrimination in Employment Act ("ADEA''). Mot.,
ECF No. 5.
Here Defendant, as a state university, is considered an instrumentality of
the state of Ohio, and as such, is entitled to the same Eleventh Amendment
immunity from suit as the state. Id. at 3; see Bailey v. Ohio State Univ., 487 F.
Supp. 601, 605-06 (S.D. Ohio 1980); see also Ohio Rev. Code Ann. § 3345.011.
Defendant contends that "because neither Congress nor the State have
abrogated or waived Ohio's immunity from claims brought [in federal court] under
the ADEA," Plaintiff's ADEA claim should be dismissed. Id. (citing Kimel v.
Florida Bd. of Regents, 528 U.S. 62 (2000) and Latham v. Office of the Attorney

:

Gen., 395 F.3d 261, 270 (6th Cir. 2005)). Plaintiff does not oppose this motion,
as indicated in the Rule 26(f) Report. See Jan. 11, 2018, Rep. 2, ECF No. 7.
Based on the foregoing, the Court finds that Plaintiff's ADEA claim is
barred by the Eleventh Amendment. Accordingly, the Court GRANTS
Defendant's motion and hereby DISMISSES WITH PREJUDICE Count II of
Plaintiff's Complaint. All other claims in Plaintiff's Complaint remain pending.
The Clerk is DIRECTED to remove ECF No. 5 from the Court's pending motions
list.
IT IS SO ORDERED.

Ml HAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:17-cv-920

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