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David Mcnett v. Jerry Worthington

October 11, 2011

DAVID MCNETT, PLAINTIFF-APPELLANT,
v.
JERRY WORTHINGTON,
DEFENDANT-APPELLEE.



Appeal from Van Wert County Common Pleas Court Trial Court No. CV 09-10-518

The opinion of the court was delivered by: Preston, J.

Cite as McNett v. Worthington,

OPINION

Judgment Affirmed

{¶1} Plaintiff-appellant, David McNett (hereinafter "McNett"), pro se, appeals the Van Wert County Court of Common Pleas' grant of summary judgment in favor of defendant-appellee, Jerry Worthington (hereinafter "Worthington"). For the reasons that follow, we affirm.

{¶2} On October 23, 2009, McNett filed a complaint against Nancy Moore (hereinafter "Moore") and Worthington, alleging that Moore and Worthington, who were co-workers of his at Triumph Thermal Systems, Inc., made false statements about him to co-workers and Triumph management, which ultimately led to the termination of his employment. (Doc. No. 2). McNett's complaint asserted claims of defamation and interference with an employment relationship against Moore and Worthington. (Id.).

{¶3} On July 29, 2010, Moore filed a motion for summary judgment. (Doc. No. 41). On October 4, 2010, the trial court granted Moore's motion for summary judgment, finding that: Moore had a qualified privilege to report to Triumph management what she thought occurred at the workplace; and McNett was not terminated due to Moore's allegations but because of his conduct during and following the employer's investigation of the allegations. (JE, Doc. No. 49). That same day, the trial court entered judgment dismissing all claims against Moore and certifying that there was no just cause for delay pursuant to Civ.R. 54(B). (Doc. No. 50).

{¶4} On October 20, 2010, Worthington filed a motion for summary judgment, arguing that he, like Moore, had a qualified privilege to make his allegations about McNett to Triumph management, and that his allegations were not the cause of McNett's employment termination. (Doc. No. 51).

{¶5} On November 4, 2010, McNett filed a motion to strike Worthington's motion for summary judgment because Worthington did not file his motion by August 1, 2010 as required by the trial court's scheduling entry. (Doc. No. 53). On November 9, 2010, McNett filed a motion for an extension of time to file his response to Worthington's motion for summary judgment if the trial court should deny his motion to strike. (Doc. No. 54).

{¶6} On November 10, 2010, McNett filed a notice of appeal from the trial court's grant of summary judgment in favor of Moore. (Doc. No. 55). The case was assigned appellate case no. 15-10-13, but this Court dismissed the case for want of jurisdiction under App.R. 4(A).

{¶7} On November 19, 2010, the trial court overruled McNett's motion to strike but granted McNett additional time to respond to Worthington's motion for summary judgment. (Doc. No. 56). On January 4, 2011, McNett filed his memo in opposition. (Doc. No. 57).

{¶8} On March 4, 2011, the trial court granted Worthington summary judgment on the same grounds the trial court had previously granted Moore summary judgment. (Doc. No. 58).

{¶9} On April 5, 2011, McNett filed a notice of appeal.*fn1 McNett now appeals raising two assignments ...


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