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Shortly after being notified of the transfer, Carney applied for a teaching position at the District's high school (Cleveland Heights High School), but was not chosen from the pool of seven applicants interviewed by Chambers, the high school's building administrator. Following Carney's transfer notice, the District claimed that it received notice of the original OCRC charge in early June 1998. Arnoff, and denied as moot (because summary judgment was granted in defendant's favor) the motion to amend the complaint. E.2d 267 [274].“The party seeking summary judgment bears the burden of showing that no genuine issue of material fact exists for trial. Subsequently, on May 11, 2000, the trial court ruled that the motion to supplement Carney's brief in opposition with the additional affidavit of Barbara Parr was moot. On May 22, 2000, Carney filed her notice of appeal from the orders of April 26, 2000, and May 11, 2000.

Subsequent to an investigation, the OCRC denied the charge due to a lack of probable cause and notified Carney of this determination in late January 1999. According to Koenig, the Carney transfer was motivated by the following factors: the smaller-sized classrooms at Taylor would better suit Carney's alleged classroom management deficiencies and Carney was perceived as an obstacle to Helmick's attempt to reform and upgrade Monticello's overall program. On April 19, 2000, Carney filed a motion to supplement her brief in opposition by adding the affidavit of Barbara Parr. On April 26, 2000, the trial court, using half-sheet status form entries without legal reasoning, granted summary judgment in favor of the defendant, denied the motion to strike the affidavit of Dr. The principal at Monticello Middle School was Juliette Helmick, an African-American female. Rust, who had been appointed to his position as coordinator of the gifted program approximately three months prior to the interviews, invited Helmick to assist in the interviewing process for the vacant position because the vacancy was in her school. As previously indicated, the motion for summary judgment was based on four different grounds and the trial court, without elucidation, granted the motion.

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