Joseph W. Cole, Ii v. the Southern District of Ohio American Community Services, Inc.

*The Honorable Joseph M. Hood, Chief United States District Judge for the Eastern
District of Kentucky, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 07a0692n.06
Filed: September 25, 2007
NO. 06-4611
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JOSEPH W. COLE, II, et al., )
)
Plaintiffs-Appellants, ) ON APPEAL FROM THE UNITED
) STATES DISTRICT COURT FOR
v. ) THE SOUTHERN DISTRICT OF
) OHIO
AMERICAN COMMUNITY SERVICES, )
INC., et al., )
)
Defendants-Appellees. )
Before: CLAY and GIBBONS, Circuit Judges; and HOOD, Chief District Judge.*
PER CURIAM. Plaintiffs appeal the decision of the district court granting summary
judgment in favor of Defendant American Community Services, Inc. Having reviewed the record
and the applicable law, and having the benefit of oral argument and the parties’ briefs, we determine
that no jurisprudential purpose would be served by a panel opinion and AFFIRM the district court’s
decision for the reasons stated in that court’s opinion. The district court’s decision to disregard
Plaintiff Cole’s affidavit was proper under the reasoning announced by this Court in Aerel, S.R.I. v.
PCC Airfols, LLC, 448 F.3d 899 (6th Cir. 2006). Accordingly, the district court correctly found that
the evidence viewed in the light most favorable to Plaintiffs did not support their state law tort

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claims and that Defendant was entitled to judgment as a matter of law.

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