ENTRY AND ORDER GRANTING KETTERING HEALTH NETWORK'S MOTION TO LIMIT TRIAL TO PLAINTIFF'S ADEA CLAIM (Doc. #44)

THOMAS M. ROSE, District Judge.

Now before the Court is Defendants' Motion To Limit Trial To Plaintiff's ADEA Claim. (Doc. #44.) The Court heard oral briefing on this matter on January 15, 2015. This matter is, therefore, ripe for decision.

Defendants Kettering Health Network and Grandview Hospital (collectively the "Defendants") seek to limit the trial1 in this matter to Plaintiff Doug Stewart's ("Stewart's") federal age discrimination claim brought under the Age Discrimination in Employment Act ("ADEA") because all other claims were abandoned on appeal. Stewart responded that, since Ohio and Federal discrimination law are the same and his argument regarding discrimination was briefed on appeal, the Court should consider both his Ohio and Federal age discrimination claims. The Defendants replied that there may be a difference in remedies between the Ohio and Federal age discrimination claims.

The operative Complaint in this matter includes claims for Ohio and Federal age discrimination, retaliation and intentional infliction of emotional distress. This Court granted summary judgment on all of these claims. (Doc. #32.) Stewart appealed and the Sixth Circuit vacated and remanded. Stewart v. Kettering, 576 Fed. App'x 518 (6th Cir. 2014). In its opinion, the Sixth Circuit said, "[o]n appeal, plaintiff focuses exclusively on his federal age discrimination claim." Id. at 519. The Sixth Circuit then went on to discuss Stewart's Federal age discrimination claim.

The retaliation and intentional infliction of emotional distress claims are not considered to be further viable. They were not discussed in Stewart's briefs on appeal to the Sixth Circuit, they were not discussed by the Sixth Circuit and they were not argued to be viable by Stewart in response to the Defendants' Motion To Limit Trial.

A review of Stewart's Briefs on appeal reveals that Stewart argued age discrimination without any specific reference in his arguments to Ohio age discrimination. Further, the Sixth Circuit has clearly said that Stewart argued exclusively on his Federal age discrimination claim. The Sixth Circuit's only material conclusion is that, "Stewart has raised sufficient issues of material fact to preclude summary judgment based upon the honest belief rule." Id. at 523. The "honest belief" rule is relevant to age discrimination claims.

After considering the argument presented and carefully reviewing Stewart's briefing papers on appeal and the Sixth Circuit opinion, the Court concludes that the Sixth Circuit vacated and remanded only Stewart's Federal age discrimination claim. Defendants' Motion To Limit Trial To Plaintiff's ADEA Claim (doc. #44) is GRANTED. Only Stewart's ADEA claim will be tried.

DONE and ORDERED.