Kathleen Persinger v. DELMAR SCHOOL DISTRICT On Appeal from the United States District Court for the…

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-3788
KATHLEEN PERSINGER,
Appellant
v.
DELMAR SCHOOL DISTRICT
On Appeal from the United States District Court
for the District of Delaware
(D.C. Civ. No. 02-cv-01447)
District Judge: Honorable Joseph J. Farnan
Submitted under Third Circuit LAR 34.1(a)
June 2, 2005
BEFORE: FUENTES, GREENBERG, and COWEN, Circuit Judges
(Filed: June 14, 2005)
OPINION OF THE COURT
GREENBERG, Circuit Judge.
Appellant Kathleen M. Persinger appeals from an order entered in the district court
on August 27, 2004, partially granting her motion to reconsider and to alter and amend
the memorandum and order entered in this matter on July 9, 2004, granting the appellee

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Delmar School District summary judgment in this employment discrimination case. The
August 27, 2004 order left the July 9, 2004 order in place to the extent that it granted
Delmar summary judgment.
We have jurisdiction under 28 U.S.C. § 1291 and exercise plenary review on this
appeal and thus review the record in the same way as did the district court. See USX
Corp. v. Adriatic Ins. Co., 345 F.3d 190, 199 (3d Cir. 2003), cert. denied, 541 U.S. 903
(2004). Consequently, we can affirm only if the pleadings, depositions, answers to
interrogatories, admissions, and affidavits show that there is no genuine issue as to any
material fact and Delmar is entitled to judgment as a matter of law. See Fed. R. Civ. P.
56(c).
After our review of this matter, we are satisfied that this case and appeal are
entirely without merit and, in fact, that Delmar treated Persinger generously.
Consequently, the order of August 27, 2004, will be affirmed.

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