6th Cir Published Decisions for Week of Sept. 17-21, 2007 (No Ky Cases)

 

Opinion	Short Title/District
07a0378p.06	USA v. Baker     Eastern District of Tennessee at Knoxville SILER, Circuit Judge. Jack Alex Baker pleaded guilty to one count of possessing an unregistered firearm having a barrel length of less than eighteen inches, in violation of 26 U.S.C. § 5861(d). The district court sentenced him to five years’ probation, including house arrest for the first year of probation. The government now appeals the reasonableness of this sentence. For the reasons set forth below, we AFFIRM the judgment of the district court.
07a0379p.06	Langley v. DaimlerChrysler     Northern District of Ohio at Toledo McKEAGUE, Circuit Judge. Brenda Langley ran into problems with her coworkers while working for DaimlerChrysler Corporation. The personnel problems escalated to the point that Langley took a leave of absence from the company. She placed the blame for her problems on DaimlerChrysler and one of her coworkers, Debra Lobzun. After failing to resolve the matter internally, Langley sued. The district court considered Langley’s claims and evidence in light of the defendants’ requests for summary judgment. Finding no genuine issue of material fact on any of her claims, the district court granted judgment to the defendants. On appeal, Langley maintains that the district court erred in several ways, including overreaching its subject-matter jurisdiction. Upon review of the record and applicable law, we affirm.
07a0380p.06	Emin v. Gonzales     Board of Immigration Appeals PER CURIAM. The petitioner, Emin Bilali, petitions for review of the denial of his motion for reconsideration by the Board of Immigration Appeals (BIA), contending that the BIA erred in failing to give preclusive effect to a preliminary determination by an immigration judge that his marriage was bona fide. Because that determination was not a final judgment on the merits but, rather, merely the first step in a procedure that expressly provides for further inquiry into the validity of the marriage before a final determination is made, we conclude that the BIA properly denied Bilali’s motion.
07a0381p.06	See v. City of Elyria     Northern District of Ohio at Cleveland ALGENON L. MARBLEY, District Judge. Defendant-Appellant Chief of Police Michael Medders (“Medders”) brings this interlocutory appeal of the district court’s denial of Medders’s Motion for Summary Judgment based on qualified immunity. Pursuant to 42 U.S.C. § 1983, Plaintiff-Appellee police officer, Hetzel D. See, Jr. (“See”) brought suit against Medders and the City of Elyria (“City”) alleging, among other things, a violation of See’s First Amendment rights when disciplinary actions were taken against him after he made statements to the FBI about activities in the police department. See’s wife is a co-plaintiff on one count, claiming a loss of consortium. Medders and the City filed a Motion for Summary Judgment, which the district court granted in favor of the City, but denied with respect to Medders’s assertion of qualified immunity. Specifically, the court stated that “factual disputes exist as to the truthfulness of the complaints made by Mr. See to the FBI, and so, therefore, Medders is not entitled to qualified immunity at this point as a matter of law.” Medders argues that the district court erred when it inquired as to the truthfulness of the statements instead of determining whether Medders reasonably believed that See’s allegations of wrongdoing were false or recklessly made. Because a genuine issue of material fact exists as to whether a reasonable official in Medders’s position would have believed that See made the statements to the FBI knowing they were false, or with reckless disregard for their truthfulness, this Court AFFIRMS the district court’s denial of summary judgment.
07a0382p.06	Abdulnour v. Campbell Soup Supply     Northern District of Ohio at Toledo ALGENON L. MARBLEY, District Judge. Plaintiff-Appellant appeals the district court’s order granting summary judgment to his employer on his national origin discrimination claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and Ohio Revised Code (O.R.C.), § 4112.01. Plaintiff, an Iraqi citizen, claims that Defendants fired him based on his national origin. The parties stipulate that Plaintiff established a prima facie case and that Defendants proffered a legitimate, non-discriminatory reason for his discharge. The district court granted summary judgment after finding that Plaintiff failed to meet his burden to provide evidence that tends to show that Defendants’ stated reason was pretextual. Under the standard set forth in Manzer v. Diamond Shamrock Chemicals Co., 29 F.3d 1078 (6th Cir. 1994), the district court found that Plaintiff failed to show that Defendants’ reason: (1) had no basis in fact; (2) did not actually motivate Plaintiff’s termination; or (3) was insufficient to warrant Plaintiff’s termination. The district court’s opinion is sound and well reasoned; thus, we AFFIRM.
07a0383p.06	Loren v. Blue Cross of MI     Eastern District of Michigan at Detroit ALGENON L. MARBLEY, District Judge. Plaintiff-Appellants Eugene Loren (“Loren”) and Danielle Hagemann (“Hagemann”) (collectively, “Plaintiffs”) appeal the district court’s order granting Defendant Blue Cross Blue Shield of Michigan’s (“BCBSM”) Motion to Dismiss Plaintiffs’ claims brought pursuant to Sections 502(a)(2) and 502(a)(3) of the Employee Retirement Income Security Act (“ERISA”), codified in 29 U.S.C. §§ 1132(a)(2) and 1132(a)(3), respectively. Plaintiffs allege that BCBSM violated its fiduciary duties under ERISA, and they seek to represent a class of all participants and beneficiaries of ERISA self-funded plans for which BCBSM administers claims and/or handles plan assets. In granting BCBSM’s Motion to Dismiss, the district court concluded that, although Loren had statutory standing when the complaint was filed, his claims were rendered moot after he withdrew from the coverage administered by BCBSM and, therefore, now lacks an interest in the remedies available to a participant under §§ 1132(a)(2) and 1132(a)(3). In addition, the district court concluded that, even before filing the suit, Hagemann was covered as a beneficiary under a health care option for which BCBSM does not administer claims, and, therefore, she lacks statutory standing to bring claims against BCBSM. Accordingly, the district court dismissed Plaintiffs’ complaint for lack of subject matter jurisdiction. Plaintiffs appeal, asserting that they both have statutory and constitutional standing to assert their claims against BCBSM. For the reasons set forth below, we AFFIRM in part, REVERSE in part, and REMAND the case to the district court for further proceedings.
07a0384p.06	Leelanau Wine Cellar v. Black & Red Inc     Western District of Michigan at Grand Rapids JULIA SMITH GIBBONS, Circuit Judge. This case arose out of a trademark dispute between two Michigan wine producers: plaintiff-appellant Leelanau Wine Cellars, Ltd (LWC) and defendant-appellee Black & Red, Inc. (B&R), owned by defendant-appellee Roberta Kurtz. Following district court proceedings that resulted in an appeal to this court and a remand to the district court, the district court conducted a bench trial on LWC’s Lanham Trademark Act, 15 U.S.C. § 1114, claim. Following the bench trial, the district court issued written findings of fact and conclusions of law in which it rejected LWC’s claim that B&R’s use of the mark “Chateau de Leelanau Vineyard and Winery” created a likelihood of confusion among consumers. The court entered judgment in favor of defendants-appellees, and LWC appealed. AFFIRMED
07a0385p.06	USA v. Ross     Northern District of Ohio at Cleveland BOYCE F. MARTIN, JR., Circuit Judge. Defendant Anthony H. Ross appeals his conviction on two counts of bank fraud in violation of 18 U.S.C. §1344. Defendant challenges (1) the deliberate ignorance jury instruction given by the district court, (2) the government’s questioning of defendant regarding his personal bankruptcy petition, (3) the sufficiency of the evidence supporting his conviction, and (4) the district court’s finding that the intended loss from the bank fraud scheme totaled $634,300, resulting in a sentence enhancement. For the reasons that follow, we find the district court did not abuse its discretion in giving a deliberate ignorance instruction or in overruling Ross’s objection to the government’s cross-examination regarding his personal bankruptcy petition, and that the evidence was sufficient to support both convictions for bank fraud. We find, however, that the district court’s determination of intended loss at sentencing was in error. Accordingly, we AFFIRM defendant’s conviction, VACATE his sentence, and REMAND for resentencing.