Norman Choate v. National Railroad Passenger Corp.

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 09a0026n.06
Filed: January 14, 2009
Case No. 07-2477
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
NORMAN CHOATE,
Plaintiff-Appellant,
v.
NATIONAL RAILROAD PASSENGER
CORP., et al.,
Defendant-Appellee.
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ON APPEAL FROM THE
EASTERN DISTRICT OF
MICHIGAN
BEFORE: SUHRHEINRICH, BATCHELDER, and SUTTON, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. Norman Choate appeals the district court’s
grant of summary judgment to the National Railroad Passenger Corporation (AMTRAK) on a claim
for relief under the Age Discrimination in Employment Act and an attempted rescission of a General
Release that Choate had entered into with AMTRAK to settle myriad other claims. Choate attempts
to appeal as well the district court’s earlier order, made final by the court’s summary judgment order,
dismissing Choate’s claim against the United Transportation Union Local 138.
We have carefully reviewed the parties’ briefs and the record supplied to us by the parties,
including the two prior lawsuits Choate filed against AMTRAK, and we find no basis upon which
to disagree with the district court’s final judgment challenged in this appeal. We note as well that
Choate’s sparse and cursory argument with regard to the dismissal of his claim against the United
Transportation Union is wholly without merit. The district court’s extending the court-ordered

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deadline for adding the Union as a party to the First Amended Complaint does not and cannot affect
the underlying statute of limitations for bringing an action against the Union.
As the district court’s opinions correctly set out the law governing the issues raised, and as
Choate offers no basis for reaching a different conclusion, issuance of a full written opinion by this
court would serve no useful purpose. Accordingly, for the reasons stated in the district court’s
opinion, we AFFIRM the judgment in all respects.

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