Nikola Ljubisavljevic v. National City Corporation

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0469n.06
Filed: August 5, 2008
No. 07-3830
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
NIKOLA LJUBISAVLJEVIC,
Plaintiff-Appellant,
v.
NATIONAL CITY CORPORATION,
Defendant-Appellee.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF OHIO
OPINION
Before: KENNEDY, GILMAN, and GIBBONS, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. Nikola Ljubisavljevic (Jevic), a former senior
vice president of Provident Bank, sued National City Corporation (National City) to recover
additional severance benefits that he believed he was owed. The sole issue on appeal in this case is
whether a negotiated provision of a merger agreement between Provident Bank and National City
created a severance plan governed by ERISA. Specifically, the parties dispute the meaning of one
section of the merger agreement; there are no facts in dispute. Jevic moved for judgment on the
administrative record pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. National City
similarly moved for judgment on the administrative record or, in the alternative, summary judgment
pursuant to Rule 56 of the Federal Rules of Civil Procedure. The district court granted National

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No. 07-3830
Ljubisavljevic v. National City Corp.
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City’s motion for judgment as a matter of law and dismissed Jevic’s claims. This timely appeal followed.
After carefully considering the record on appeal, the briefs of the parties, and the applicable
law, we agree with the district court’s grant of judgment as a matter of law to National City. Because
the reasoning that supports the judgment for National City has been clearly articulated by the
Magistrate Judge in his thorough and comprehensive Report and Recommendation and reviewed de
novo by the District Judge, the issuance of a detailed written opinion by us would be unduly
duplicative. The judgment rendered by The Honorable Herman J. Weber, Senior District Judge of
the United States District Court for the Southern District of Ohio, is accordingly affirmed on the
basis of the reasoning detailed in his Order dated May 30, 2007.

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