Loomis v. Chrysler Corp.Loomis v. Chrysler Corp.
The plaintiff. Alva Loomis, sued defendants Chrysler Corporation, Inc., and UAW Local 12 for violations of the Americans with Disabilities Act and breach of the duty of fair representation. Chrysler moved for dismissal of the claims under
Having had the benefit of oral argument, and having studied the record on appeal and the briefs of the parties, we are not persuaded that the district court erred in dismissing the complaint. The court properly denied the motion to alter or amend because no final judgment had been entered in the case at the time the motion was filed. Denial of the motion for leave to file an amended complaint was also proper, based on the district court’s determination that the additional matters proffered by the plaintiff would not have been sufficient to make out a prima facie case. Finally, we conclude that the action against the union was properly dismissed on summary judgment, both because there was no proof of a breach of the union’s duty of fair representation and because the plaintiff failed to establish that he had exhausted his internal union remedies before filing suit.
Because the reasons why judgment should be entered for the defendants have been fully articulated by the district court, the issuance of a detailed opinion by this court would be duplicative and would serve no useful purpose. Accordingly, we AFFIRM the judgment of the district court upon the reasoning set out by that court in its orders dated June 22,1999.