Melissa Mitchell, Jennifer Frietsch, and Scott Oros v. United States District Court for the Southern District of Ohio ABERCROMBIE & FITCH CO.

The Hon. R. Allan Edgar, Senior United States District Judge for the Eastern District of*
Tennessee, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 07a0230n.06
Filed: March 28, 2007
No. 06-3737
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
MELISSA MITCHELL, JENNIFER )
FRIETSCH, AND SCOTT OROS, )
)
Plaintiffs-Appellants, )
) ON APPEAL from the
v. ) United States District
) Court for the Southern District
) of Ohio
ABERCROMBIE & FITCH CO. AND )
ABERCROMBIE & FITCH STORES, INC., )
)
Defendants-Appellees. )
Before: COOK and McKEAGUE, Circuit Judges, and EDGAR, Senior District Judge.*
PER CURIAM. The district court addressed all issues in this case in a comprehensive, well
reasoned opinion entered on March 31, 2006, granting Abercrombie & Fitch Co.’s motion for
summary judgment and dismissing all claims under federal and Ohio law. This Court AFFIRMS
the district court’s judgment on the basis of that opinion. This Court notes, however, that without
saying so explicitly, the district court in effect declined to exercise supplemental jurisdiction over
the plaintiff’s claims under Pennsylvania law. As acknowledged by counsel for Abercrombie &
Fitch Co. at oral argument, the plaintiffs’ claims under Pennsylvania law are deemed to have been
dismissed without prejudice by the district court.

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