Ernst v. Sunbelt Rentals Inc

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
September 9, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-21160
Summary Calendar
GENNIE ERNST,
Plaintiff-Appellant,
versus
SUNBELT RENTALS, INC., A North
Carolina Corporation,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
(H-02-0381)
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Gennie Ernst appeals the summary judgment
dismissal of her multi-faceted employment discrimination case
against her former employer, Defendant-Appellee Sunbelt Rentals,
Inc. (“Sunbelt”). All claims asserted by Ernst arise from
Sunbelt’s termination of her employment, which Sunbelt insists was
the result of a reduction in force. Ernst counters that Sunbelt’s

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proffered reasons are merely pretext for discrimination based on
age, actual or perceived disability, and sex.
The district court considered substantial summary judgment
evidence submitted by both parties and filed an order in October,
2003 that patiently, exhaustively, and comprehensively lays out the
facts in the light most favorable to Ernst as non-movant, the law
applicable to the various grounds of discrimination asserted by
Ernst, the application of that law to the facts most favorable to
Ernst, and the conclusions reached, all of which are ultimately
unfavorable to Ernst. As a result, the district court granted
Sunbelt’s motion for summary judgment and dismissed all claims by
Ernst.
We, in turn, have carefully reviewed de novo the facts and law
implicated by this case, including a detailed study of the district
court’s opinion and equally close consideration of the appellate
briefs of the parties and the record on appeal. In the end, we are
convinced that Sunbelt is entitled to summary judgment dismissing
all claims of proffered by Ernst. The judgment of the district
court is, therefore, affirmed in all respects.
AFFIRMED.

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