Claudia Smith, et al v. Western Sizzlin Corporation, et al

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
DECEMBER 19, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
CORRECTED OPINION
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-12149
Non-Argument Calendar
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D. C. Docket No. 1:09-cv-02046-VEH
CLAUDIA SMITH, LACRYSTA SCOTT,
et al.,
Plaintiffs-Appellants,
versus
WESTERN SIZZLIN CORPORATION,
INVESTORS MANAGEMENT, LLC,
d.b.a. Western Sizzlin Oxford,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
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(December 19, 2011)
Before DUBINA, Chief Judge, MARCUS and MARTIN, Circuit Judges.
PER CURIAM:

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This is an appeal from a district court’s grant of summary judgment in favor
of defendants on all of plaintiffs’ claims except the breach of contract claim
regarding unfinished meals brought by certain plaintiffs. The breach of contract
claim was tried to the district court without a jury, after which the court issued a
memorandum decision and final judgment in favor of certain plaintiffs. An appeal
followed.
In their amended complaint, the plaintiffs asserted claims for breach of
contract, race discrimination in violation of 42 U.S.C. § 1981, intentional
infliction of emotional distress, negligent supervision and negligent training, and
false imprisonment. In addition, all of the plaintiffs, except Keaton Williams,
asserted a claim of libel. Plaintiff, DeVion Smith, asserted a claim of disability
discrimination under 42 U.S.C. § 12101.
Under Federal Rule of Civil Procedure 56(a), summary judgment is proper
“if the movant shows that there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). We
review the district court’s order granting summary judgment de novo, drawing all
inferences in the light most favorable to the non-moving party. Owens v. J.C.
Sys., Inc., 629 F.3d 1263, 1270 (11th Cir. 2011).
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After reviewing the record and reading the parties’ briefs, we affirm the
district court’s grant of summary judgment based on its thorough and well-
reasoned memorandum opinion filed on October 28, 2010.
Concerning the breach of contract claim regarding the unfinished meals that
arose from the baby shower at the Western Sizzlin in Oxford, Alabama, we affirm
the district court’s final judgment entered in favor of certain plaintiffs based on the
court’s findings of fact and conclusions of law contained in its well-reasoned
memorandum decision filed on April 13, 2011.
AFFIRMED.
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