Wilder v. The Ohio State University Medical Center, No. 2:2017cv00920 - Document 10 (S.D. Ohio 2018)
Court Description: 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)
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Wilder v. The Ohio State University Medical Center Doc. 10 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. ยง 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 Dockets.Justia.com : 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 Page 2 of 2
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