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Case 1:05-cv-00398-SAS Document 16 Filed 03/07/2006 Page 1 of 7
KAREN FEICHTNER, :
: No. 1:05-CV-00398
Plaintiff, :
:
: ORDER
:
V. :
:
:
ROMAN CATHOLIC ARCHDIOCESE :
OF CINCINNATI, :
:
Defendant. :
Relevant Facts
was hired in June of 1989, and worked for the Defendant for fifteen
that her contract would not be renewed for the following year
Dockets.Justia.com
Case 1:05-cv-00398-SAS Document 16 Filed 03/07/2006 Page 2 of 7
(Id.). The Plaintiff was fifty-six years old at that time, and had
The Plaintiff was more qualified for these alternate positions and
had more seniority, but the Plaintiff was only offered positions
for which she was not qualified or certified (Id.). The Plaintiff
(doc. 5).
12(b)(6) (See United Food and Commercial Workers Local 1099 v. City
of Sidney, 364 F.3d 738, 745 (6th Cir. 2004) citing Zeigler v. IBP
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Case 1:05-cv-00398-SAS Document 16 Filed 03/07/2006 Page 3 of 7
... a short and plain statement of the claim showing that the
858 (6th Cir. 1976). In its scrutiny of the complaint, the Court
party opposing the motion. Scheuer v. Rhodes, 416 U.S. 232, 236,
grounds upon which it rests.” Conley v. Gibson, 355 U.S. 41, 47,
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Case 1:05-cv-00398-SAS Document 16 Filed 03/07/2006 Page 4 of 7
some viable legal theory.” Car Carriers, Inc. v. Ford Motor Co.,
745 F.2d 1101, 1106 (7th Cir. 1984), cert. denied, 470 U.S. 1054
641 (5th Cir. 1981), cert. dismissed, 462 U.S. 1125 (1983)); see
also Sutliffe, Inc. v. Donovan Companies, Inc., 727 F.2d 648, 654
(7th Cir. 1984); Wright, Miller & Cooper, Federal Practice and
Appeals for the Sixth Circuit clarified the threshold set for a
Scheid v. Fanny Farmer Candy Shops, Inc., 859 F.2d 434, 437 (6th
Cir. 1988).
Analysis
has also asserted claims alleging age discrimination under the Age
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Case 1:05-cv-00398-SAS Document 16 Filed 03/07/2006 Page 5 of 7
protect the public policy. The Defendant further argues that R.C.
§ 4112.99 and the ADEA provide such adequate remedies, and thus
Ohio law.
The Ohio Supreme Court has not yet directly ruled on this
Auto Parts, 96 Ohio St.3d 240, 773 N.E.2d 526 (Ohio 2002) that
issue in Wiles was the federal Family and Medial Leave Act, and not
policy claims were still cognizable under Ohio law. See Abrams v.
Millikin & Fitton Law Firm, 267 F. Supp. 2d 868 (S.D. Ohio 2003).
2756838 (6th Cir. 2004), the Sixth Circuit interpreted Ohio law as
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Case 1:05-cv-00398-SAS Document 16 Filed 03/07/2006 Page 6 of 7
Ohio Supreme Court has given the term “damages” in R.C. § 4112.99
VII, and was thus inapplicable. The court rejected this claim,
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Case 1:05-cv-00398-SAS Document 16 Filed 03/07/2006 Page 7 of 7
cited Carrasco have still found that the type of public policy
June 29, 2005), Lewis v. Fairfield Hosp., 806 N.E.2d 185, 188-189
Conclusion
Carrasco, and agrees with other courts in this district that the
SO ORDERED.
S. Arthur Spiegel
United States Senior District Judge