Ullmo v. Gilmour Academy
| Citation | 273 F.3d 671 |
| Decision Date | 24 October 2001 |
| Docket Number | No. 00-3946,00-3946 |
| Parties | (6th Cir. 2001) Thomas Ullmo, Jacqueline Ullmo, and Jason Ullmo, by and through his parents and legal guardians, Thomas and Jacqueline Ullmo, Plaintiffs-Appellants, v. Gilmour Academy, Defendant-Appellee. Argued: |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland., No. 98-02258--Patricia A. Gaughan, District Judge. [Copyrighted Material Omitted]
[Copyrighted Material Omitted] Stephen O. Walker(argued and briefed), Beachwood, Ohio, for Appellants.
Gregory V. Mersol(argued and briefed), Thomas J. Piatak (briefed), BAKER & HOSTETLER, Cleveland, Ohio, for Appellee.
Before: BOGGS and GILMAN, Circuit Judges; QUIST, District Judge.*
Thomas and Jacqueline Ullmo brought suit in state court against Gilmour Academy, alleging breach of contract, fraud, and a violation of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400-1491. They based their claims upon Gilmour's alleged failure to provide their son, Jason, with an education designed to help him overcome his learning disability. After removing the case to federal district court, Gilmour filed two successive motions for summary judgment based upon different aspects of the Ullmos' claims. The district court granted both motions, resulting in the dismissal of the Ullmos' complaint. For the reasons set forth below, we AFFIRM the judgment of the district court.
Gilmour is a private Catholic elementary and secondary school located in Gates Mills, Ohio. Jason attended first grade at Gilmour, during which time he was diagnosed with deafness in his left ear. His hearing impairment made it difficult for him to communicate with his first-grade teacher. Convinced that the situation at Gilmour would not improve, the Ullmos enrolled Jason at Ratner Montessori School after he completed the first grade.
Jason was subsequently diagnosed with a learning disability involving written expression. Because of this learning disability, Ratner provided Jason with an individualized learning disability education. He responded well to the individualized program, progressing from second through sixth grade at Ratner. Jason, however, desired to return to Gilmour for the seventh grade, telling his parents that he "wanted to be part of the Gilmour family."
Several months before Jason's seventh-grade year, Jacqueline Ullmo met with Robert Isabella, the Director of Admissions at Gilmour, to discuss Jason's possible return. She claims that Isabella assured her "that it didn't make any difference that Jason had learning disabilities . . . ." Isabella also allegedly told her that Gilmour maintained a "very nurturing environment" and that it "would work with Jason."
Jason subsequently returned to Gilmour for the seventh grade, and continued his schooling there through the twelfth grade. Each year that Jason attended Gilmour, the Ullmos signed an Enrollment Agreement that obligated students and their parents to abide by the rules set forth in Gilmour's Student and Parent Handbook. The Handbook contains policies regarding academics, discipline, and related matters. It also includes a section titled "Philosophy," which states:
As a premier independent Catholic preparatory school (preschool through high school), Gilmour Academy models itself on the family and takes as its mission the search for excellence in each person. Gilmour teachers mirror the Holy Cross tradition as they work for the full development of their students, in and out of the classroom, respecting pupils' differing abilities and styles of learning.
After returning to Gilmour, Jason struggled academically. He routinely failed to complete assignments and earned below-average grades. The Ullmos attributed Jason's difficulties to Gilmour's failure to adequately accommodate his learning disability. They were particularly dissatisfied with Gilmour's refusal to adopt the recommendations made by Jason's psychologist, who suggested, among other things, that Jason be allowed to take tests orally and be given more time to complete his assignments. But the Ullmos nevertheless had Jason return to Gilmour each year. Despite his consistently poor academic performance, Jason graduated from Gilmour in 1998.
The Ullmos brought suit in state court against Gilmour in September of 1998. Suing on behalf of themselves and Jason, they sought damages for breach of contract, fraud, and a violation of the IDEA. They maintained that Gilmour breached its promise to "work for the development" of its students and to respect students' "differing abilities and styles of learning" as set forth in the Handbook. The Ullmos also contended that this promise was fraudulent. Finally, the Ullmos alleged that Gilmour violated the IDEA by failing to help Jason overcome his learning disability.
Gilmour removed the Ullmos' suit to the United States District Court for the Northern District of Ohio. A timely motion for summary judgment was filed by Gilmour on the Ullmos' breach of contract and fraud claims, which the district court granted. After the deadline for filing dispositive motions had passed, the district court granted leave for Gilmour to also move for summary judgment on the Ullmos' remaining claim under the IDEA.
The Ullmos responded to Gilmour's second motion for summary judgment by filing a motion for the district judge to recuse herself. They alleged that the district judge's decision to grant Gilmour leave to file its late motion for summary judgment, as well as the judge's other pretrial rulings, evidenced her bias against their counsel. In addition to their motion to recuse, the Ullmos filed a motion requesting that the district court vacate its earlier order granting summary judgment on their breach of contract and fraud claims and remand those claims to state court. After denying the Ullmos' motions, the district court granted summary judgment to Gilmour on the Ullmos' IDEA claim.
The Ullmos then filed this timely appeal. They contend that the district court erred in granting summary judgment to Gilmour on their breach of contract, fraud, and IDEA claims. Furthermore, they argue that the district court erred in denying their motion to vacate the grant of summary judgment on their state-law claims and to remand those claims to state court. Finally, the Ullmos claim that the cumulative effect of the district court's denial of their motion to recuse and its various other pretrial rulings deprived them of the due process of law.
A. Gilmour was entitled to summary judgment on the Ullmos' breach of contract, fraud, and IDEA claims
1. Standard of review
This court reviews de novo the district court's grant of summary judgment. Holloway v. Brush, 220 F.3d 767, 772 (6th Cir. 2000). Summary judgment is proper where there are no genuine issues of material fact in dispute and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). In deciding a motion for summary judgment, the court must view the evidence and draw all reasonable inferences in favor of the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). The court is not to "weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). A genuine issue for trial exists only where there is sufficient "evidence on which the jury could reasonably find for the plaintiff." Id. at 252.
2. The "Philosophy" section of Gilmour's Handbook is too general and aspirational to constitute an enforceable promise
In suing for breach of contract, the Ullmos did not allege that Gilmour totally failed to provide educational services as promised to them in the Enrollment Agreement. They instead sought to enforce the language contained in the Philosophy section of the Handbook, which states that "Gilmour teachers mirror the Holy Cross tradition as they work for the full development of their students, in and out of the classroom, respecting pupils' differing abilities and styles of learning." The Handbook further provides that Gilmour "models itself on the family and takes as its mission the search for excellence in each person."
Nowhere in the Philosophy section, however, is there a description of the faculty's teaching methods or any promise as to the manner in which the faculty will accommodate a student's learning disabilities. No standards are set forth to determine whether Gilmour has worked for the full development of its students or respected its students' differing abilities. Instead, the section simply assures students and parents that Gilmour's mission is to search for excellence in each person. The language in the Philosophy section, therefore, sets forth only a general statement of Gilmour's ideals.
Indefinite and aspirational language does not constitute an enforceable promise under Ohio law. The Ohio Supreme Court has made clear that vague language will not warrant judicial enforcement, stating that "[a] court cannot enforce a contract unless it can determine what it is." Rulli v. Fan Co., 683 N.E.2d 337, 339 (Ohio 1997) () (internal quotation marks omitted). In addition, a breach of contract claim will not arise from the failure to fulfill a statement of goals or ideals. Allen v. Ethicon, Inc., 919 F. Supp. 1093, 1100 (S.D. Ohio 1996). In Allen, two discharged employees sued their former employer for breach of contract, alleging that statements contained in the employer's credo constituted a promise of employment. The credo stated, among other things, that the employer was "responsible" to its employees and that employees "must have a sense...
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