Gates v. MGM Grand Detroit, (6th Cir. 2005)

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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

File Name: 05a0158n.06

Filed: March 1, 2005

No. 03-2505

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

SUSAN GATES

ON APPEAL FROM THE

UNITED STATES DISTRICT

Plaintiff-Appellant

COURT FOR THE EASTERN

v.

MGM GRAND DETROIT, L.L.C.

D e f e n d a n t - A p p e l l e e.

BATCHELDER, COLE, Circuit Judges, RUSSELL, District Judge*

BEFORE:

PER CURIAM.

Plaintiff-Appellant Susan Gates appeals the district court's grant of summary judgment to Defendant-Appellee MGM Grand Detroit in this case brought pursuant to the Family Medical Leave Act ("FMLA"). 29 U.S.C. § 2601 et seq. The district court found that Gates did not establish a prima facie case of retaliation under the FMLA because she failed to show a causal connection between her FMLA-protected leave and her discharge. In the alternative, the court found that Gates failed to show that MGM's legitimate, non-discriminatory reason for discharge was pretextual. This Court reviews a district court's grant of summary judgment de novo. McKay v. Toyota Motor Mfg., USA, Inc., 110 F.3d 369, 372 (6th Cir. 1997). We have reviewed the record and the Gates v. MGM Grand Detroit parties' submissions. For substantially the same reasons set forth in the district court's comprehensive opiniondated October 2, 2003, we AFFIRM the grant of summary judgment.

* The Honorable Thomas B. Russell of the United States District Court for the Western District of Kentucky, sitting by designation.

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