U.S. District Courts - Ohio ©   Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCommunicationsCriminal JusticeEducationEnergyFamily LawFinance & BankingFirst AmendmentGovernment BenefitsGovernment ContractsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMilitary LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTransportation Sandra SCHULTZ-WELLER, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE CO., Defendant. , S.D.Ohio, November 20, 2009 Steven Douglas Rowe, Erica Ann Probst, Kemp Schaeffer & Rowe Co LPA, Columbus, OH, for Plaintiff. Daniel W. Srsic, Littler Mendelson PC, Columbus, OH, for Defendant. OPINION AND ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on Defendant Nationwide Mutual Insurance Company's ("Defendant") Motion for Summary Judgment. Defendant moves for summary judgment on Plaintiff Sandra Schultz-Weller's ("Plaintiff) complaint. In her complaint, Plaintiff alleg... Duane K. BROWN, Plaintiff, v. Terry J. COLLINS, et al., Defendants. , N.D.Ohio, November 18, 2009 OPINION AND ORDER JAMES G. CARR, Chief Judge. Pro se plaintiff Duane K. Brown filed the above-captioned action under 42 U.S.C. § 1983 against Ohio Department of Rehabilitation and Correction Director Terry J. Collins and Ohio Adult Parole Authority Chairperson, Cynthia Mausser. In the complaint, plaintiff alleges the use of the current Ohio parole guidelines to determine his suitability for release is a violation of ex post facto prohibitions. He seeks an immediate parole hearing using the p... Robert FROST, Plaintiff(s), v. H.C.A. STALNAKER, et. al., Defendant(s). , S.D.Ohio, November 18, 2009 ORDER SUSAN J. DLOTT, Chief Judge. This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Timothy S. Hogan. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on October 21, 2009 a Report and Recommendation (Doc. 9). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 11)... Reginald D. HIGGINS, Sr., Plaintiff(s), v. VITRAN EXPRESS INC., et. al., Defendant(s). , S.D.Ohio, November 18, 2009 ORDER SUSAN J. DLOTT, Chief Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Hogan filed on October 19, 2009 (Doc. 29), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired November 6, 2009, hereby ADOPTS said Report and Recommendation. Accordingly, defendant Parker Hannifin's motion to dism... Ronald D. GARR, Plaintiff(s), v. COMMISSIONER OF SOCIAL SECURITY, Defendant(s). , S.D.Ohio, November 18, 2009 ORDER SUSAN J. DLOTT, District Judge. This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Timothy S. Hogan. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on October 21, 2009 a Report and Recommendation (Doc. 13). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc.... David E. HENDERSON, Plaintiff, v. Matthew GARRETSON, Defendant. , S.D.Ohio, November 18, 2009 ORDER SANDRA S. BECKWITH, Senior District Judge. This matter is before the Court on Defendant Matthew Garretson's motion to dismiss (Doc. No. 19), Magistrate Judge Hogan's Report and Recommendation (Doc. No. 23) recommending that the motion be granted, and Plaintiff David Henderson's objections to the Report and Recommendation (Doc. No. 25). For the reasons that follow, Plaintiff's objections are not well-taken and are OVERRULED; the Court ADOPTS the Report and Recommendation; Defendant's mot... Santosh R. NAYAR, Petitioner v. WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION, Respondent. , S.D.Ohio, November 18, 2009 ORDER SANDRA S. BECKWITH, Senior District Judge. This matter is before the Court on the Magistrate Judge's Report and Recommendation filed October 27, 2009 (Doc. 14). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir.1981). As of the date of this Order, no objections ... Jamie ELLIOTT, et al., Plaintiffs v. Gary SIMS, et al., Defendants. , S.D.Ohio, November 18, 2009 OPINION AND ORDER ALGENON L. MARBLEY, District Judge. On December 11, 2008, Plaintiff Jamie Elliott moved for designation of this case as a class action (Doc. 5). On February 17, 2009, the Magistrate Judge issued a report and recommendation on this motion, recommending that it be denied (Doc. 20). This matter is now before the Court on Plaintiff's objections to the report and recommendation (Doc. 26), for de novo review pursuant to Fed. R. Civ. Pro. 72(b)(3). Plaintiff, a prisoner, is suin... Darryl HINES, Plaintiff, v. SUBODH CHANDRA, et al., Defendants. , N.D.Ohio, November 18, 2009 MEMORANDUM & ORDER KATHLEEN McDONALD O'MALLEY, District Judge. This case arises on the Plaintiff's Motions for a New Trial, to Alter or Amend the Judgment and to Vacate Judgment (collectively, "Hines' Motions") (Doc. 77). [FN1] The Plaintiff, Darryl Hines ("Hines"), filed (1) his Motion for a New Trial pursuant to Rule 59(a) of the Federal Rules of Civil Procedure; (2) his Motion to Alter or Amend the Judgment pursuant to Rule 59(e); and (3) his Motion to Vacate Judgment pursuant to Rule 60(b... John W. BABLER, et al., Plaintiffs, v. Malcolm B. FUTHEY, Jr., et al., Defendants. , N.D.Ohio, November 18, 2009 Joyce Goldstein, Gina L. Fraternali, Josie Lipsitz McLennan, Goldstein Gragel, Cleveland, OH, for Plaintiffs. David J. Tocco, Vorys, Sater, Seymour & Pease, Cleveland, OH, Elizabeth A. Roma, Jeffrey A. Bartos, Joseph Guerrieri, Jr., Guerrieri, Edmond, Clayman & Bartos, Charles R. Both, Elizabeth A. Grdina, Heller, Huron, Chertkof, Lerner, Simon, Washington, DC, for Defendants. MEMORANDUM OF OPINION AND ORDER [Resolving Doc. 137] JOHN R. ADAMS, District Judge. This matter is before t... William D. REYNOLDS, Plaintiff/Appellant v. Windell CRAWFORD, et al., Defendants/Appellees. , S.D.Ohio, November 17, 2009 ORDER HERMAN J. WEBER, Senior District Judge. This matter is before the Court on plaintiff/appellant's motion for in forma pauperis status and motion for transcript of trial at government expense. (Doc. 172). On August 13, 2009, the jury returned a verdict in favor of defendants in this case. (Doc. 64). Thereafter, plaintiff/appellant filed a notice of appeal and moved for a transcript of the trial at government expense in the Sixth Circuit Court of Appeals. The Court of Appeals denied the... Reginald PURNELL, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ohio, November 17, 2009 ORDER ALGENON L. MARBLEY, District Judge. This matter is before the Court on Reginald Purnell's Motion to Dismiss for Lack of Criminal Jurisdiction (Dkt.105). Mr. Purnell alleges that the United States District Court for the Southern District of Ohio does not have jurisdiction over his case because the crime to which he pleaded guilty did not take place in a geographic location where the United States has exclusive jurisdiction, and did not take place in "any fort, magizine, arsenal, dockyard... John KUIVILA, Plaintiff, v. CITY OF CONNEAUT, et al., Defendants. , N.D.Ohio, November 17, 2009 MEMORANDUM OPINION AND ORDER DONALD C. NUGENT, District Judge. This case is before the Court on Defendants' Motions for Summary Judgment. Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Defendants City of Conneaut, Edward Somppi, and Jon Arcaro have petitioned the Court for summary judgment dismissing Plaintiff, John Kuivila's claims for breach of contract, promissory estoppel, wrongful discharge in violation of public policy, and violation of his First Amendment rights. (ECF # 1... John VALENTE, Plaintiff, v. UNIVERSITY OF DAYTON, Defendant. , S.D.Ohio, November 17, 2009 John Valente, Dayton, OH, pro se. Paul Gerard Hallinan, Porter Wright Morris & Arthur LLP, Jennifer Nicole Fuller, Dayton, OH, for Defendant. DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO CONDUCT ADDITIONAL DISCOVERY UNDER Fed.R.Civ.P. 56(f) MICHAEL R. MERZ, United States Magistrate Judge. This case is before the Court on Plaintiff's Motion to Conduct Discovery Before Responding to Defendant's Motion for Summary Judgment (Doc. No. 127). Plaintiff seeks to depose Dr. Daniel Curran, the... Delores Jane KOVACIC, et al., Plaintiffs, v. TYCO VALVES & CONTROLS, L.P., et al., Defendants. , N.D.Ohio, November 17, 2009 MEMORANDUM & ORDER KATHLEEN McDONALD O'MALLEY, District Judge. I. INTRODUCTION On June 12, 2009, the Court issued a Trial Order (Doc. 31) setting this case for trial on December 8, 2009. The Trial Order also sets the Final Pre- Trial Conference for November 24, 2009 and includes a detailed schedule of deadlines for all pre-trial filings. The Plaintiffs, however, have failed to comply with the deadlines set forth in the Trial Order, and, although the Court gave the Plaintiffs' counsel an oppor... Larry E. EALY, Plaintiff, v. Mike RANKIN, et al., Defendants. , S.D.Ohio, November 17, 2009 OPINION AND ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on motions to dismiss filed on behalf of all defendants. The first Motion to Dismiss (Doc. 13), filed on behalf of John Thompson ("Thompson"), Stephanie Cook ("Prosecutor Cook"), [FN1] and D.J. Zwiesler ("Officer Zwiesler") (collectively, "the Dayton Defendants") requested this Court dismiss the Plaintiff's First Amended Complaint for failure to state a claim upon which relief can be granted. ... In Re AEP ERISA LITIG. This Document Relates To: All Actions. , S.D.Ohio, November 17, 2009 OPINION AND ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on supplemental briefing regarding Plaintiff Kermit D. Bridges's contention that he is entitled to maintain his ERISA section 502(a)(2) claim despite this Court's denial of class certification. Because Bridges has been proceeding in a representative capacity from the time he filed a class action lawsuit against Defendant American Electric Power Company, Inc., and because there is no requiremen... Geoffrey MOSTOLLER, Plaintiff, v. GENERAL ELECTRIC CO., Defendant. , S.D.Ohio, November 17, 2009 OPINION AND ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on Plaintiff Geoffrey Mostoller's Motion to Vacate Stay. Mostoller urges the Court to vacate the stay that was imposed pending the parties' participation in an arbitration program required by the contract between Mostoller and Defendant General Electric Co. ("GE") because: (1) there has been unnecessary delay in the arbitration process; and (2) Mostoller uncovered caselaw indicating that a non... Gwendolyn A. JOHNSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , S.D.Ohio, November 17, 2009 ORDER ADOPTING REPORT AND RECOMMENDATIONS WALTER HERBERT RICE, District Judge. The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. # 20), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that the Commissi... Alfar KYNWULF, Plaintiff, v. Robert WARTH, Defendant. , S.D.Ohio, November 17, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court pursuant to Defendant's Motion for Summary Judgment. (Doc. # 10.) At the same time as his motion for summary judgment, Defendant filed a motion to stay discovery and further motions practice pending a ruling on summary judgment. (Doc. # 11.) Plaintiff moved for additional time to respond to summary judgment. (Doc. # 12.) The Court granted Plaintiff an extension and ordered a stay of discovery. (Doc. # 14.) How... Kelly L. FRISBY, Plaintiff, v. KEITH D. WEINER & ASSOCIATES CO., LPA, et al., Defendants. , N.D.Ohio, November 17, 2009 Frank Consolo, Consolo, O'Brien & Associates, Cleveland, OH, for Plaintiff. O. Scott Coghlan, Ryan T. Neumeyer, Evelyn P. Schonberg, Ross, Brittain & Schonberg, Cleveland, OH, for Defendants. OPINION & ORDER [Resolving Docs. No. 5, 6] JAMES S. GWIN, District Judge: Defendants Keith D. Weiner & Associates ("KWA"), Keith D. Weiner, and Kathi Van Horn (collectively "the Defendants"), move this Court to strike certain allegations from Plaintiff Kelly Frisby's Complaint pursuant to Fede... Tyrone E. REID, Petitioner, v. Ernie L. MOORE, Warden, Respondent. , S.D.Ohio, November 16, 2009 ENTRY AND ORDER OVERRULING REID'S OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING REID'S MOTION TO SET ASIDE JUDGMENT; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS ON REID'S MOTION TO SET ASIDE JUDGMENT IN ITS ENTIRETY, OVERRULING REID'S MOTION TO SET ASIDE JUDGMENT (Doc. # 63); OVERRULING REID'S OBJECTIONS TO THE MAGISTRATE JUDGE'S ORDER AND TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING REID'S MOTION TO RECUSE; ADOPTING THE MAGISTRATE JU... Eric SOEHNER, Plaintiff, v. TIME WARNER CABLE, INC., Defendant. , S.D.Ohio, November 16, 2009 MEMORANDUM OPINION AND ORDER TIMOTHY S. BLACK, United States Magistrate Judge. This employment discrimination case is before the Court on Defendant's motion for summary judgment (Doc. 33), and the parties' responsive memoranda (Docs.41, 56). The parties have consented to disposition by the United States Magistrate Judge pursuant to 28 U.S .C. § 636(c). (See Doc. 18.) BACKGROUND AND FACTS Plaintiff began working for Defendant Time Warner Cable ("TWC") in August 2003 as a Direct Sales Represe... Zachary HARROP, Petitioner, v. Michael SHEETS, Warden, Respondent. , S.D.Ohio, November 16, 2009 REPORT AND RECOMMENDATION NORAH McCANN KING, United States Magistrate Judge. Petitioner, a state prisoner, brings the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the Court on the instant petition, respondent's return of writ, petitioner's traverse, and the exhibits of the parties. For the reasons that follow, the Magistrate Judge RECOMMENDS that this action be DISMISSED. FACTS and PROCEDURAL HISTORY The Ohio Sixth District Court of Appeals ... Roger D. ISBEL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , S.D.Ohio, November 16, 2009 ORDER MICHAEL R. BARRETT, District Judge. This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on October 26, 2009 (Doc. 23). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir.1981). No objections to the Magistrate Judge's Rep... Ron GEHRLEIN, Plaintiff, v. HORIZON SCIENCE ACADEMY--DENISON MIDDLE SCHOOL, INC., Defendant. , N.D.Ohio, November 16, 2009 MEMORANDUM OPINION AND ORDER WILLIAM H. BAUGHMAN, JR., United States Magistrate Judge. Introduction Before me [FN1] in this age discrimination suit brought plaintiff Ron Gehrlein [FN2] is a motion for summary judgment filed by defendant Horizon Science Academy--Denison Middle School, Inc. (Horizon). [FN3] Gehrlein opposes Horizon's motion, [FN4] and Horizon has replied to that opposition. [FN5] An oral argument on the motion has been conducted. [FN6] Subsequent to that argument and pursuant... Pamela CURRY, Individually and on Behalf of Those Similarly Situated, Plaintiff, v. APPLEBEE'S INTERNATIONAL, INC., et al., Defendants. , S.D.Ohio, November 16, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND SUSAN J. DLOTT, Chief Judge. This matter comes before the Court on Plaintiff Pamela Curry's Motion for Remand. (Doc. 19.) The Court held a hearing on Plaintiff's motion on October 27, 2009. For the reasons set forth below, the Court GRANTS Plaintiff's motion. I. BACKGROUND Plaintiff Curry claims that Defendants Applebee's International, Inc. (hereinafter "Applebee's"), DineEquity, Inc., and Weight Watchers International, Inc. (hereinafter "... Robert ROSS, Individually, and on behalf of all others similarly situated, Plaintiff, v. ABERCROMBIE & FITCH COMPANY, et al., Defendants. , S.D.Ohio, November 16, 2009 OPINION AND ORDER TERENCE P. KEMP, United States Magistrate Judge. I. Introduction In an order filed on April 22, 2008, this Court denied plaintiffs' motion to compel discovery. That motion asked the Court to order the disclosure of the report of a Special Litigation Committee which Abercrombie had commissioned to determine if pursuing a derivative action was in Abercrombie's best interests. The Court reasoned that it was bound by the Court of Appeals' decision in In re Perrigo Co., 128 F.3d 4... Frank D. VINSON, Plaintiff, v. Margaret BEIGHTLER, Warden, Defendant. , N.D.Ohio, November 16, 2009 ORDER PETER C. ECONOMUS, District Judge. This matter is before the Court upon a petition for a writ of habeas corpus filed by Frank D. Vinson ("Petitioner"), pursuant to 28 U.S.C. § 2254. (Dkt.# 1). On April 29, 2009, this case was automatically referred to Magistrate Judge Nancy A. Vecchiarelli for preparation of a Report and Recommendation, pursuant to 28 U.S.C. § 636 and LR 72.1. (Dkt.# 7). On October 30, 2009, the Magistrate Judge issued a Report and Recommendation, recommending that t... Brandy R. ANDLER, Plaintiff, v. CLEAR CHANNEL BROADCASTING, INC., et al., Defendants. , S.D.Ohio, November 15, 2009 OPINION AND ORDER NORAH McCANN KING, United States Magistrate Judge. This matter is before the Court on defendant's motion in limine to exclude the testimony of plaintiff's damages expert, Daniel Selby. Defendant Clear Channel Broadcasting, Inc.'s Motion in Limine No. 2, Doc. No. 108 ("Defendant's Motion" ). For the reasons that follow, Defendant's Motion is GRANTED. I. BACKGROUND On July 13, 2004, plaintiff visited a campground ("Campground B") that was owned, operated and maintained by defe... Lisa LEE, et al., Plaintiffs, v. The CITY OF COLUMBUS, OHIO, et al., Defendants. , S.D.Ohio, November 13, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court on Plaintiff Teresa Ruby's Motion In Limine Regarding Admissibility of Evidence of Events Occurring Before December 4, 2005 ("Ruby's Motion In Limine" ) (Doc. # 245), Defendant City's Response in Opposition to Plaintiff Teresa Ruby's Motion In Limine Regarding Admissibility of Evidence of Events Occurring Before December 4, 2005 (Doc. # 246), and the Amended Reply of Plaintiff Teresa Ruby to Defendant City's R... MEDCO HEALTH SOLUTIONS OF COLUMBUS WEST, LTD., Plaintiff, v. The ASSOCIATION OF MANAGED CARE PHARMACISTS, Defendant. , S.D.Ohio, November 13, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court on Plaintiff's Motion for Summary Judgment (Doc. # 15), Defendant's Memorandum in Opposition to Plaintiff's Motion for Summary Judgment (Doc. # 19), the Reply Memorandum on Behalf of Plaintiff Medco Solutions of Columbus West, Ltd. (Doc. # 21), Defendant's Motion for Summary Judgment (Doc. # 16) and Memorandum in Support of Defendant's Motion for Summary Judgment (Doc. # 17), Plaintiff's Memorandum in Oppositi... Vernessa AVERETT, Plaintiff v. HONDA OF AMERICA MFG., INC., Defendant. , S.D.Ohio, November 13, 2009 OPINION AND ORDER JOHN D. HOLSCHUH, District Judge. Factual background This matter is before the Court pursuant to Defendant's Objections to the July 9, 2009 Order of the Magistrate Judge (Doc. 35). On February 25, 2009, Defendant filed a Motion to Strike Plaintiff's Expert Designations (Doc. 17). It requested that the Court strike Plaintiff's designation of Drs. Dong S. Moon and Kent C. Long as expert witnesses, for failure to comply with Rule 26(a)(2) of the Federal Rules of Civil Procedure.... CHUBB CUSTOM INSURANCE COMPANY, Plaintiff, v. GRANGE MUTUAL CASUALTY COMPANY, et al., Defendants. , S.D.Ohio, November 13, 2009 ORDER GEORGE C. SMITH, District Judge. This matter is before the Court on Plaintiff Chubb Custom Insurance Company's Renewed Motion to Bifurcate and Stay Defendants' Bad Faith Claim (Doc. 36). Defendant Grange Mutual Casualty Company has filed a response, and the motion is now ripe for review. For the reasons that follow, the Court DENIES Plaintiffs Renewed Motion to Bifurcate. I. BACKGROUND Plaintiff Chubb Custom Insurance Company ("Chubb") initiated this declaratory judgment action agains... John M. KMET, Plaintiff, v. HOUSEHOLD LIFE INSURANCE COMPANY, Defendant. , N.D.Ohio, November 13, 2009 MEMORANDUM OF OPINION AND ORDER REMANDING TO SUMMIT COUNTY COURT OF COMMON PLEAS LESLEY WELLS, District Judge. The plaintiffs John M. Kmet and Carolyn Kmet originally filed this lawsuit in Summit County Court of Common Pleas. (Docket No. 1, ¶ 1). The defendant Household Life Insurance Company ("Household Life") subsequently filed a notice of removal which placed the case on this Court's docket. (Docket No. 1). Household Life maintains that removal was proper because the case is within the Cou... George GRIFFITHS, et al., Plaintiffs, v. OHIO FARMERS INS. CO., et al., Defendants. , N.D.Ohio, November 13, 2009 OPINION & ORDER [Resolving Doc. No. 4 ] JAMES S. GWIN, District Judge. Defendants Ohio Farmers Insurance Co., Westfield Insurance Co., Westfield Earnings Bonus Plan, Ohio Farmers Insurance Co. Group Life Insurance Plan, Ohio Farmers Insurance Co. Employee Benefits Administrative Committee, John Doe 1-10 (Trustees of Westfield Earnings Bonus Plan and Ohio Farmers Insurance Company Group Life Insurance Plan), and Jane Doe 1-10 (Members of Ohio Farmers Insurance Company Benefits Administrati... Daniel FRAZEE, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , S.D.Ohio, November 12, 2009 ORDER HERMAN J. WEBER, Senior District Judge. This matter is before the Court upon the Report and Recommendation of the United States Magistrate (doc. no. 26)granting plaintiff's Application for Fees and Expenses Pursuant to the Equal Access to Justice Act ("EAJA") (doc. no. 20). There have been no objections to the Report and Recommendation. Upon a de novo review of the record, the Court finds that the Magistrate Judge has accurately set forth the controlling principles of law and properl... Abdul Shabazz MUHAMMAD, a/k/a Andre Dotson, et al., Plaintiffs v. Sheriff Simon LEIS, et al., Defendants. , S.D.Ohio, November 12, 2009 ORDER HERMAN J. WEBER, Senior District Judge. This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 35) to which neither party has objected. Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objection by plaintiff, this Court accepts the Report as uncontroverted. The... Michael Ann THORNSBERRY, Plaintiff, v. Duke ENERGY, Defendant. , S.D.Ohio, November 12, 2009 OPINION & ORDER MICHAEL R. BARRETT, District Judge. This matter is before the Court upon Defendants Duke Energy and Spectra Energy Operating Company's Motion for Summary Judgment. (Doc. 20) [FN1] Plaintiff Michael Ann Thornsberry filed a Response in Opposition (Doc. 24), and Defendants filed a Reply (Doc. 25). FN1. Spectra Energy Operating Company is the successor-in-interest to Duke Energy Operating Company. The parties use the names of the companies interchangeably, and therefore t... Jeffrey P. LAFFERTY, Plaintiff, v. NORFOLK SOUTHERN RAILWAY CO., Defendant. , N.D.Ohio, November 12, 2009 MEMORANDUM OPINION KATZ, District Judge. Plaintiff Jeffrey Lafferty brings this action under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51 et seq., against Defendant Norfolk Southern Railway Company ("NSRC"), his former employer. This matter is before the Court on Lafferty's motion for partial summary judgment as to liability and comparative fault (Doc. 25). His motion will be denied. Additionally, the Court will review the rather baroque FELA case law in order to narrow the issue... Elizabeth FALCONI, Plaintiff(s), v. COMMISSIONER OF SOCIAL SECURITY, Defendant(s). , S.D.Ohio, November 11, 2009 Henry Domenick Acciani, O'Connor Acciani & Levy, Cincinnati, OH., for Plaintiff. John L. Martin, Social Security Administration, Chicago, IL, John J.Stark, US Attorney Office, Columbus, OH, for Defendant. ORDER SUSAN J. DLOTT, Chief Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Black filed on October 15, 2009 (Doc. 15), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been file... Debbie D. BACK, Plaintiff(s), v. COMMISSIONER OF SOCIAL SECURITY, Defendant(s). , S.D.Ohio, November 11, 2009 ORDER SUSAN J. DLOTT, Chief Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Black filed on October 7, 2009 (Doc. 6), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired October 28, 2009, hereby ADOPTS said Report and Recommendations. The Court received the certified mail issued to plaintif... James PRICE, Plaintiff(s), v. COMMISSIONER OF SOCIAL SECURITY, Defendant(s). , S.D.Ohio, November 11, 2009 ORDER SUSAN J. DLOTT, Chief Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Hogan filed on October 14, 2009 (Doc. 17), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired November 3, 2009, hereby ADOPTS said Report and Recommendation. Accordingly, the Court finds that the $178.32 rate soug... Chuck REARDON, Petitioner, v. Michael SHEETS, Warden, Respondent. , N.D.Ohio, November 10, 2009 MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION Petitioner Chuck Reardon, a prisoner in state custody at North Central Correctional Institution in Marion, Ohio, filed a Petition for a Writ of Habeas Corpus (Doc. No. 1). This Court has jurisdiction under 28 U.S.C. § 2254(a). Petitioner alleges his detention violates the Sixth Amendment of the U.S. Constitution. The case was referred to United States Magistrate Judge Benita Pearson for a Report and Recommendation (R... UNITED STATES of America, Plaintiff, v. Joel A. FREEDMAN, Defendant. , N.D.Ohio, November 10, 2009 ORDER KATHLEEN M. O'MALLEY, District Judge. The United States moves for the Court to issue an Order authorizing the government to provide notice by publication or news release to the large number of potential crime victims in this case in satisfaction of its obligations under the "Justice for All Act." 18 U.S.C. § 3771. Pursuant to Title 18, United States Code § 3771(a), crime victims in federal cases have specific rights, including the right to reasonable, accurate, and timely notice of ... Patrick J. LAY, Plaintiff, v. GROUP LONG TERM DISABILITY INSURANCE FOR EMPLOYEES OF COLUMBUS NEIGHBORHOOD HEALTH CENTER, INC., et al., Defendants. , S.D.Ohio, November 10, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court on Defendants' Motion for Judgment on the Merits ("Defendants' Motion") (Doc. # 22), Plaintiff's Response in Opposition to Defendants' Motion (Doc. # 27), Plaintiff's Motion for Judgment on the Administrative Record ("Plaintiff's Motion") (Doc. # 23), and Defendants' Memorandum in Opposition to Plaintiff's Motion (Doc. # 26). For the reasons that follow, the Court GRANTS in part and DENIES in part Defendants' ... Juanita M. WINKELMANN, Plaintiff, v. BIG LOTS STORES, INC., Defendant. , S.D.Ohio, November 10, 2009 OPINION AND ORDER S. ARTHUR SPIEGEL, Senior District Judge. This matter is before the Court on Defendant's Motion for Summary Judgment (doc. 26), Plaintiff's Response in Opposition (doc. 35), and Defendant's Reply (doc. 39). The Court held a hearing on this matter on October 7, 2009. For the reasons indicated herein, the Court GRANTS IN PART AND DENIES IN PART Defendant's Motion. I. Factual and Procedural Background This case involves a twelve-year plus employee, Plaintiff Juanita Winkelma... Kyra R. WOOD, Plaintiff, v. Michelle MACIOROWSKI, Defendant. , S.D.Ohio, November 10, 2009 ENTRY AND ORDER OVERRULING WOOD'S OBJECTIONS (Doc. # 5) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. # 4) IN ITS ENTIRETY; DISMISSING WOOD'S COMPLAINT WITH PREJUDICE; DENYING LEAVE TO APPEAL IN FORMA PAUPERIS; AND TERMINATING THIS CASE THOMAS M. ROSE, District Judge. This matter comes before the Court pursuant to Plaintiff Kyra R. Wood's ("Wood's") Objections to Magistrate Judge Sharon L. Ovington's Report and Recommen... Rita BISHOP, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , S.D.Ohio, November 10, 2009 DECISION AND ENTRY THOMAS M. ROSE, District Judge. The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. # 12), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Repo... Ronald FITHEN, et al., Plaintiffs, v. CITY OF GAHANNA, Ohio, et al., Defendants. , S.D.Ohio, November 10, 2009 ORDER MICHAEL H. WATSON, District Judge. On October 16, 2009, the United States Magistrate Judge issued a Report and Recommendation recommending that plaintiffs' Motion to Remand be denied. The parties were specifically advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. There has nevertheless been no objection to the Report and Recommendation. The Report and Recommendation is hereby ADOPTED and AFFIRMED. Plaintiffs' Motion to R... Christopher MANN, Individually and on behalf of all others similarly situated, Plaintiffs, v. CSX TRANSPORTATION, INC., Defendant. , N.D.Ohio, November 10, 2009 Anthony A. Gallucci, Jennifer L. Gardner, John M. Murphy, Kelley & Ferraro, David M. Cuppage, John R. Climaco, Scott D. Simpkins, Climaco, Lefkowitz, Peca, Wilcox & Garofoli, Frank E. Piscitelli, Jr., Cleveland, OH, Daniel E. Becnel, Jr., Reserve, LA, Hugh P. Lambert, Lambert & Nelson, New Orleans, LA, Robert D. Gary, Gary, Naegele & Theado, Lorain, OH, Ronnie Glynn Penton, Bogalusa, LA, for Plaintiffs. Beth M. Kramer, William L. Anderson, April M. Nelson, Scott L. Winkelman, Crowell & Moring... Marilyn GIDEON, Plaintiff, v. RITE AID OF OHIO, INC., et al., Defendants. , S.D.Ohio, November 10, 2009 ORDER MICHAEL R. BARRETT, District Judge. This matter is before the Court on a Defendant's motion for summary judgment (Doc. 31). Plaintiff filed a memorandum in opposition (Doc. 39) to which Defendant replied (Doc. 45). This motion is now ripe for review. I. RELEVANT BACKGROUND FACTS Plaintiff's amended complaint alleges the following claims: Age Discrimination in violation of the ADEA and O.R.C. Chapter 4112, Gender Discrimination in violation of Title VII and O.R.C. Chapter 4112, FLS... UNITED STATES of America, Plaintiff, v. Theodore SOMERSET, Defendant. , S.D.Ohio, November 9, 2009 DECISION AND ORDER MICHAEL R. MERZ, United States Magistrate Judge. This case is before the Court on Defendant's Motion to Vacate under 28 U.S.C. § 2255 (Doc. No. 83). After evidentiary hearing and briefing by the parties, the Motion is ripe for decision. Defendant pleads the following grounds for relief: Ground One: Ineffective assistance of counsel. Supporting Facts: Counsel failed to subpoena critical telephone records and recordings and repeatedly filed motions after the fact.... Belinda RIFE, Petitioner, v. Christopher M. KOUSAGAN, Respondent. , N.D.Ohio, November 9, 2009 ORDER AND DECISION JOHN R. ADAMS, District Judge. This matter appears before the Court on objections to the Report and Recommendation of the Magistrate Judge filed by Petitioner Belinda Rife. Upon due consideration, the Court overrules the objections and adopts the Report and recommended findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered that the petition is hereby DENIED. I. Introduction On August 31, 2006, Rife and two co-defendants we... MACULA v. LAWYERS TITLE INSURANCE CORPORATION. , N.D.Ohio, November 9, 2009 Ingrid L. Moll, Motley Rice--Hartford, Hartford, CT, Mark R. Koberna, Sonkin & Koberna, Cleveland, OH, William H. Narwold, Motley Rice--Hartford, Hartford, CT, David B. Killalea, Gilbert Randolph, Washington, DC, David D. Yeagley, Ulmer & Berne--Cleveland, Cleveland, OH, Mark E. Owens, Sonkin & Koberna, Cleveland, OH, Mark A. Packman, Gilbert Randolph, Washington, DC, Marvin L. Karp, Ulmer & Berne--Cleveland, Cleveland, OH, Rick D. Sonkin, Sonkin & Koberna, Cleveland, OH, Shannan L. Katz, Ulmer ... Dennis A. BADERTSCHER, Plaintiff v. The PROCTER & GAMBLE MFG. CO., Defendant. , N.D.Ohio, November 9, 2009 ORDER JAMES G. CARR, Chief Judge. This is an employment discrimination case in which the plaintiff, Dennis A. Badertscher, claims that the defendant, Procter & Gamble, fired him on the basis of his race, gender and age. Plaintiff, a white male, was fifty-two years old when defendant fired him. He brings reverse race and gender discrimination claims, an age discrimination claim and a claim under ERISA. Pending is defendant's motion for summary judgment. [Doc. 22]. Defendant claims that ... Alvin BURGAN, Petitioner, v. Michele EBERLIN, Warden, Respondent. , N.D.Ohio, November 9, 2009 ORDER AND DECISION JOHN R. ADAMS, District Judge. This matter appears before the Court on objections to the Report and Recommendation of the Magistrate Judge filed by Petitioner Alvin Burgan. Upon due consideration, the Court overrules the objections and adopts the Report and recommended findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered that the petition is hereby DENIED. I. Introduction In May of 2004, Burgan was indicted on eight coun... Ashanti FELDER, Petitioner, v. OHIO ADULT PAROLE AUTHORITY, Respondent. , N.D.Ohio, November 9, 2009 ORDER AND DECISION JOHN R. ADAMS, District Judge. This matter appears before the Court on objections to the Report and Recommendation of the Magistrate Judge filed by Petitioner Ashanti Felder. Upon due consideration, the Court overrules the objections and adopts the Report and recommended findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered that the petition is hereby DENIED. I. Introduction While voluminous, Felder's objections add littl... Howard Lawrence KNOWLES, Petitioner, v. WARDEN, NOBLE CORRECTIONAL INSTITUTION, Respondent. , S.D.Ohio, November 9, 2009 OPINION AND ORDER JOHN D. HOLSCHUH, District Judge. On October 9, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed as barred by the one-year statute of limitations. Although the parties were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The Report and Recomm... CORPORATE COMMUNICATION SERVICES OF DAYTON, LLC, Plaintiff, v. MCI COMMUNICATIONS SERVICES, INC. d/b/a Verizon Business Services, Defendant. , S.D.Ohio, November 9, 2009 ENTRY AND ORDER OVERRULING CCS's MOTION FOR RECONSIDERATION (Doc. # 60), GRANTING IN PART AND OVERRULING IN PART CCS's PARTIAL MOTION FOR SUMMARY JUDGMENT (Doc. # 26) AND GRANTING IN PART AND OVERRULING IN PART MCI's MOTION FOR SUMMARY JUDGMENT (Doc. # 25) THOMAS M. ROSE, District Judge. This matter arises from a business relationship between Plaintiff Corporate Communication Services of Dayton, LLC ("CCS") and Defendant MCI Communications Services, Inc. d/b/a Verizon Business Services ("MCI"... Cory YOUNG, Petitioner, v. WARDEN, NOBLE CORRECTIONAL INSTITUTION, Respondent. , S.D.Ohio, November 9, 2009 OPINION & ORDER JOHN D. HOLSCHUH, District Judge. On October 23, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. Although the parties were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The Report and Recommendation is ADOPTED and AFFIRMED. This action is h... Judy GARDNER, Plaintiff, v. RANDALL MORTGAGE SERVICES, INC., Defendant. , S.D.Ohio, November 9, 2009 OPINION AND ORDER GEORGE C. SMITH, District Judge. This matter is before the Court on Defendant Randall Mortgage Services, Inc.'s Motion to Dismiss (Doc. 6) and Plaintiff's Motion for Partial Summary Judgment (Doc. 27). For the following reasons, the Court GRANTS in part and DENIES in part Defendant's Motion to Dismiss and GRANTS Plaintiff's Motion for Partial Summary Judgment. I. FACTS Plaintiff Judy Gardner ("Plaintiff" or "Gardner") is an individual citizen of the State of Ohio. She ... The ESTATE OF JENNIFER TIERNEY, et al., Plaintiffs v. David SHELLBERG, Defendant. , S.D.Ohio, November 9, 2009 ORDER HERMAN J. WEBER, Senior District Judge. This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 22)to which neither party has objected. Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objection by plaintiff, this Court accepts the Report as uncontroverted. The ... Cledus D. LAMB, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , S.D.Ohio, November 9, 2009 ORDER SANDRA S. BECKWITH, Senior District Judge. This matter is before the Court on the Magistrate Judge's Report and Recommendation filed October 14, 2009 (Doc. 15). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir.1981). No objections to the Magistrate Judge's Repo... DRFP L.L.C., d/b/a Skye Ventures, Plaintiff, v. The REPUBLICA BOLIVARIANA DE VENEZUELA, et al., Defendants. , S.D.Ohio, November 9, 2009 MEMORANDUM OPINION AND ORDER JOHN D. HOLSCHUH, District Judge. Plaintiff DRFP L.L.C., d/b/a Skye Ventures ("Plaintiff") brought this action against the Republica Bolivariana de Venezuela and the Venezuelan Ministry of Finance (collectively, "Defendants") seeking damages for Defendants' default on two $50 million promissory notes allegedly issued by a state-owned Venezuelan bank and guaranteed by Defendants. This matter is before the Court on the Motions to Intervene as plaintiffs filed by Ven... Michael J. FULLER, Plaintiff, v. REMINGTON HYBRID SEED COMPANY, INC., Defendant. , S.D.Ohio, November 9, 2009 Peter Franz Von Meister, Green & Green - 3, Dayton, OH, for Plaintiff. Erin B. Moore, Green & Green - 3, Dayton, OH. James David Utrecht, Utrecht & Young, L.L.C., Troy, OH, for Defendant. ENTRY AND ORDER OVERRULING FULLER'S MOTION FOR ATTORNEYS' FEES AND COST (Doc. # 95), MOTION FOR PERMANENT INJUNCTION (Doc. # 96) AND MOTION TO RETAIN JURISDICTION (Doc. # 97) THOMAS M. ROSE, District Judge. Plaintiff Michael J. Fuller's ("Fuller's") complaint, filed on August 15, 2007, includes eigh... Kevin John SOLLITT, Plaintiff, v. KEYCORP, et al., Defendants. , N.D.Ohio, November 9, 2009 Andrew A. Kabat, Daniel M. Connell, Richard C. Haber, Shannon J. Polk, Haber and Polk, Cleveland, OH, for Plaintiff. Adrienne L. Rapp, Jeffrey S. Dunlap, Michael N. Ungar, Stephanie Straub Kennedy, Ulmer & Berne, Cleveland, OH, for Defendants. OPINION & ORDER [Resolving Doc. Nos. 92, 93, 95 & 96.] JAMES S. GWIN, District Judge. With this opinion and order, the Court denies the requested costs of Defendants KeyCorp and KeyBank, N.A. [Docs. 92.] Although Rule 54(d) creates a presump... Michael WEATHERFORD, Plaintiff, v. Sheriff James CARNES, et al., Defendants. , S.D.Ohio, November 6, 2009 Michael Weatherford, Columbus, OH, pro se. Raymond M. Colon, Franklin County Prosecutor's Office, Columbus, OH, for Defendants. OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court on the Motion of the Franklin County Defendants for Summary Judgment ("Defendants' Motion for Summary Judgment") (Doc. # 15), Plaintiff's Responsive Pleading to Defendant(s)' Motion for Summary Judgment (Doc. # 17), Plaintiff's Relief from Judgment or Order ("Plaintiff's Motion")... Alaa Aladin CHKIR, Plaintiff v. BRENDAMOUR MOVING & STORAGE, INC., et al., Defendants. , S.D.Ohio, November 6, 2009 Alaa Aladin Chkir, Ashland, KY, pro se. ORDER SUSAN J. DLOTT, Chief Judge. Plaintiff, an inmate at the Federal Correctional Institution in Ashland, Kentucky, brings this action pro se against Cincinnati, Ohio residents Brendamour Moving & Storage, Inc., Mike Brendamour, and Lynn A. Grau, and Fenton, Missouri residents Unigroup Worldwide, UTS, Inc., Michele Robbins, Cindy Gallow, and Mayflower Transit, LLC. By separate Order issued this date, plaintiff has been granted leave to proceed in fo... Nakila WEST, Individually and on behalf of Devonte West, Plaintiffs, v. WARREN CITY SCHOOL DISTRICT BOARD OF EDUCATION, et al., Defendants. , N.D.Ohio, November 6, 2009 Gilbert W.R. Rucker, III, Warren, OH, for Plaintiffs. David Kane Smith, Kathryn I. Perrico, Sherrie Clayborne Massey, Britton, Smith, Peters & Kalail, Independence, OH, for Defendants. MEMORANDUM OPINION AND ORDER PETER C. ECONOMUS, District Judge. This matter is before the Court upon a Motion for Partial Judgment on the Pleadings ("Motion") pursuant to Federal Rule of Civil Procedure 12(c), filed by Defendants Warren City School District Board of Education ("Board") and Kathryn Hellweg ... Susan SIEGEL, Plaintiff, v. INVERNESS MEDICAL INNOVATIONS, INC., Defendant. , N.D.Ohio, November 6, 2009 Daniel M. Connell, Richard C. Haber, Shannon J. Polk, Haber Polk, W. Craig Bashein, Bashein & Bashein, Cleveland, OH, Harry S. Bernstein, Aurora, OH, for Plaintiff. Britt J. Rossiter, Stephen S. Zashin, Zashin & Rich, Cleveland, OH, for Defendant. OPINION & ORDER [Resolving Doc. Nos. 8 & 13.] JAMES S. GWIN, District Judge. Defendant Inverness Medical Innovations, Inc. has moved for partial judgment on the pleadings. [Doc. 8.] Plaintiff Susan Siegel opposes the Defendant's motion. [D... CITY OF JACKSON, OHIO, Plaintiff, v. US RAIL CORPORATION, Defendant. , S.D.Ohio, November 6, 2009 OPINION AND ORDER TERENCE P. KEMP, United States Magistrate Judge. I. Introduction Plaintiff, the City of Jackson, Ohio, filed this action in the Jackson County Court of Common Pleas on March 10, 2009. The City's complaint asserted that the City had leased certain property to The Great Miami & Scioto Railway Company for purposes of operating a short line railroad. However, defendant U.S. Rail Corporation now claims to be the lessee pursuant to an agreement which the City characterizes as a "co... Fernado ALVAREZ, Petitioner, v. DEB TIMMERMAN-COOPER, Warden, Respondent. , N.D.Ohio, November 6, 2009 ORDER SARA LIOI, District Judge. On October 10, 2008, Petitioner Fernando Alvarez (Petitioner) filed a pro se Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) The action was referred to Magistrate Judge George J. Limbert pursuant to Local Rule 72.2. In a Report and Recommendation dated August 21, 2009, Magistrate Judge Limbert recommended that Petitioner's application for habeas corpus relief be dismissed upon a determination that Petitioner procedurally defaulted on his ... Gregory Walker JOHNSON, Plaintiff, v. MARC ECKO UN LTD., et al., Defendants. , S.D.Ohio, November 5, 2009 Gregory Walker Johnson, Dayton, OH, pro se. Joseph Richard Dreitler, Bricker & Eckler, LLP, Columbus, OH, for Defendants. DECISION AND ENTRY THOMAS M. ROSE, District Judge. The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. # 33), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under... Stanley FITZPATRICK, Petitioner, v. Margaret BRADSHAW, Warden, Respondent. , S.D.Ohio, November 5, 2009 James V. Schuster, James V. Schuster, Esq., Cincinnati, OH, Robert K. Lowe, Ohio Public Defender's Office, Columbus, OH, for Petitioner. Holly E. Leclair, Stephen E. Maher, Office of the Ohio Attorney General, Criminal Justice Section, Capital Crimes Unit, Columbus, OH, for Respondent. ORDER DENYING AMENDED PETITION FOR WRIT OF HABEAS CORPUS SUSAN J. DLOTT, Chief Judge. In this case, Magistrate Judge Michael R. Merz has recommended that Petitioner Stanley Fitzpatrick's Amended Petiti... Corbin J. HOWARD, I, Plaintiff, v. Paul HENRY, et al., Defendants. , S.D.Ohio, November 5, 2009 DECISION AND ENTRY THOMAS M. ROSE, District Judge. The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. # 3), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby adopts said Report and Recommendations. Accordingly, it is hereby ORDERED that: 1. The Report and ... Frederick WOODARD, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Ohio, November 5, 2009 ENTRY AND ORDER OVERRULING THE COMMISSIONER'S OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. # 17); ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. # 13) IN ITS ENTIRETY; REVERSING THE COMMISSIONER'S DECISION THAT WOODARD WAS NOT DISABLED; REMANDING THIS MATTER FOR ADDITIONAL ADMINISTRATIVE PROCEEDINGS AND TERMINATING THIS CASE THOMAS M. ROSE, District Judge. Plaintiff Frederick Woodard ("Woodard") has brought this action pursuant to 42 U.S.C. § 405(g) ... Augustine J. KELLIS, M.D., et al., Inc., et al., Plaintiffs, v. ALPHA & OMEGA FINANCIAL SERVICES, INC., et al., Defendants. , N.D.Ohio, November 5, 2009 MEMORANDUM OPINION AND ORDER DONALD C. NUGENT, District Judge. This matter is before the Court on Defendants Todd R. Fecht and Founders Financial Services, LLP's ("FFS") Motion to Dismiss Plaintiffs Complaint. (ECF # 6). Plaintiffs have filed a Brief in Opposition to the motion to dismiss (ECF # 10) and Defendants Mr. Fecht and FFS filed a Reply Brief in Further Support of their motion. (ECF # 12). After careful consideration of the briefs and a review of all relevant authority. Defendants' m... James A. DAVIS, et al., Plaintiffs, v. Governor Ted STRICKLAND, et al., Defendants. , S.D.Ohio, November 5, 2009 REPORT AND RECOMMENDATION NORAH McCANN KING, United States Magistrate Judge. This action was originally instituted by three state inmates who alleged that they were subjected to cruel and unusual punishment and that their due process rights were violated in connection with conditions of confinement at the Lebanon Correctional Institution ["LeCI"]. The only claims remaining for resolution are claims 5, 6 and 8, asserted by plaintiff Tyrone E. Reid, who is no longer incarcerated at LeCI. Opinio... Miriam WHEELER, Plaintiff v. Lonnie NEWELL, et al., Defendants. , N.D.Ohio, November 5, 2009 ORDER JAMES G. CARR, Chief Judge. This is an action under Ohio tort law and 42 U.S.C. § 1983. Plaintiff, Miriam Wheeler, seeks money damages from defendants Sandusky, Ohio, Police Department Officers Lonnie Newell, Dawn Allen and Rob Bess for: 1) under § 1983, false arrest in violation of the Fourth Amendment to the U.S. Constitution; 2) under § 1983, use of excessive force in violation of the Fourth Amendment to the U.S. Constitution; and 3) under Ohio state law, assault, battery, false ... Corbin J. HOWARD, I, Plaintiff, v. Shannon WEBB, et al., Defendants. , S.D.Ohio, November 5, 2009 DECISION AND ENTRY THOMAS M. ROSE, District Judge. The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. # 3), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby adopts said Report and Recommendations. Accordingly, it is hereby ORDERED that: 1. The Report and ... BEAVER COUNTY RETIREMENT BD., Plaintiff, v. LCA-VISION INC., et al., Defendants. , S.D.Ohio, November 5, 2009 ORDER DENYING MOTION FOR RECONSIDERATION SUSAN J. DLOTT, Chief Judge. Before the Court is Lead Plaintiff Beaver County Retirement Board's Motion for Reconsideration of the Court's March 25, 2009 Order. (Doc. 62.) That Order granted Defendants' Motion to Dismiss With Prejudice. (See doc. 61.) The pending motion, made under Rule 59(e) of the Federal Rules of Civil Procedure, petitions the Court to alter or amend its judgment so that the dismissal of the action would be "without prejudice." ... Geraldine M. WINFIELD, Plaintiff, v. Robert M. GATES, Secretary Department of Defense, et al., Defendants. , S.D.Ohio, November 5, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court for consideration of Defendants' motion to dismiss (Doc. # 14), Plaintiff's memorandum in opposition (Doc. # 18), and Defendants' reply memorandum (Doc. # 19). For the reasons that follow, the Court finds the motion well taken. I. Background From about July 22, 2007 to April 18, 2008, Plaintiff, Geraldine M. Winfield, was employed as a materials handler in the Central Receiving Facility ("CRF") for Defense L... Mark A. SUGGS, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , S.D.Ohio, November 5, 2009 DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON SEPTEMBER 29, 2009 (Doc. # 12); VACATING THE COMMISSIONER'S NON-DISABILITY FINDING; MAKING NO FINDING AS TO WHETHER PLAINTIFF IS UNDER A "DISABILITY" WITHIN THE MEANING OF THE SOCIAL SECURITY ACT; REMANDING THE CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) FOR FURTHER CONSIDERATION CONSISTENT WITH THIS DECISION AND ENTRY AND WITH THE REPORT AND RECOMMENDATIONS; AND TERMINATING TH... James SUDBERRY, Plaintiff v. C.O. THOMAS, et al., Defendants. , S.D.Ohio, November 5, 2009 HERMAN J. WEBER, Senior District Judge. This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 47), plaintiffs objections thereto (doc. no. 49) and plaintiffs "supplemental briefs" (doc. nos. 50, 51, 52 and 53). The "supplemental briefs" filed by plaintiff primarily deal with plaintiff's complaints at his present location W.C.I., not S.O.C.P., which is the location under consideration in this case. They will not be helpful in this ma... Ronald D. MELL, Sr., et al., Plaintiffs, v. ANTHEM, INC., et al., Defendants. , S.D.Ohio, November 4, 2009 Alphonse Adam Gerhardstein, Gerhardstein & Branch Co. LPA, Dennis P. Barron, Cincinnati, OH, Eric H. Zagrans, Michael F. Becker, Elyria, OH, for Plaintiffs. Christopher G. Scanlon, Paul Alan Wolfla, Anne K. Ricchiuto, Baker & Daniels LLP, Indianapolis, IN, Glenn Virgil Whitaker, Kent Allen Britt, Vorys, Sater, Seymour and Pease LLP, Terrance A. Nestor, City of Cincinnati, Cincinnati, OH, Robert Neal Webner, Vorys, Sater, Seymour and Pease LLP, Columbus, OH, for Defendants. OPINION AND ORDER... Christopher DAVIS, Plaintiff, v. Jim DENNIS, et al., Defendants. , N.D.Ohio, November 4, 2009 MEMORANDUM OF OPINION AND ORDER DAN AARON POLSTER, District Judge. Plaintiff pro se Christopher Davis brought this action under the Civil Rights Act of 1871, 42 U.S.C. § 1983. Defendants are Jim Dennis, Director, Ron Kuckuck, Supervisor, One Unknown Named White Female Supervisor and Three Unknown Named White Male Officers all employed by Corrections Corporation of Northern Ohio ("CCNO") where he was housed awaiting extradition to Wisconsin. Plaintiff alleges that, on February 4, 2009, he was ... Herman C. NEWMAN, Petitioner, v. J.T. SHARTLE, Warden, Respondent. , N.D.Ohio, November 4, 2009 Herman C. Newman, Lisbon, OH, pro se. J.T. Shartle, Lisbon, OH, pro se. MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION Pro se Petitioner Herman Newman filed a Petition pursuant to 28 U.S.C. § 2241 (Doc. No. 1). Petitioner, who is confined at the Federal Correctional Institution Elkton (F.C.I.Elkton) in Lisbon, Ohio, names F.C.I. Elkton Warden J.T. Shartle as Respondent. Petitioner asserts he is entitled to a sentence credit of 11 years, 3 months on his federal ... Ronald REYNOLDS, Plaintiff, v. Carlos GUERRA, et al., Defendants. , N.D.Ohio, November 4, 2009 OPINION AND ORDER CHRISTOPHER A. BOYKO, District Judge. This matter comes before the Court upon the Motion of Defendants Carlos Guerra and Brian Taylor for Summary Judgment. (ECF No. 30.) For the following reasons, Defendants' Motion is DENIED IN PART and GRANTED IN PART. I. BACKGROUND On January 23, 2006, Cleveland police officers arrested Plaintiff Ronald Reynolds for disorderly conduct. (ECF No. 34, Ex. 1 at 2.) The arresting officers booked Plaintiff at the Second District police statio... Christopher J. BOEMAN, Plaintiff, v. Darryl REED, et al., Defendants. , N.D.Ohio, November 4, 2009 MEMORANDUM OPINION & ORDER WILLIAM H. BAUGHMAN, JR., United States Magistrate Judge. Introduction Before me [FN1] in this diversity action by a corporate shareholder resident in Ohio against four directors of the corporation resident in Virginia is a motion by the defendants to dismiss the complaint for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2), for improper venue under Rule 12(b)(3) and 28 U.S.C. § 1391, or for failure to state a claim as provided by Rule 1... Jamie ELLIOTT, Plaintiff v. Gary SIMS, et al., Defendants. , S.D.Ohio, November 4, 2009 ORDER ALGENON L. MARBLEY, District Judge. This matter is before the Court pursuant to Defendants' Objections to Portions of Order of Magistrate Judge (Doc. 49). On May 13, 2009, the Magistrate Judge issued an order denying Defendants' motion to deny certain parties status as plaintiffs, denying Plaintiffs' motion to strike that motion, denying Plaintiffs' motion to deprive Defendants of federal funding, granting Defendants' motion for leave to file an answer out of rule, granting Plaintiffs' ... George HAIRSTON, Jr., Plaintiff v. UAW REGION 2-B, et al., Defendants. , N.D.Ohio, November 4, 2009 ORDER JAMES G. CARR, Chief Judge. This is a fair representation suit by a union member against his union and two of its officers. Pro se plaintiff George Hairston, Jr ., a member of UAW Local 1623, alleges that defendants UAW Region 2-B [UAW], Director Lloyd Mahaffey and Assistant Regional Director Kenneth J. Lortz breached their duty of "fair representation" when they declined to pursue grievances against the plaintiff's employer, Armstrong Air Conditioning [Armstrong]. Jurisdiction i... BOARDS OF TRUSTEES OF OHIO LABORERS' FRINGE BENEFIT PROGRAMS, Plaintiffs, v. WEST END LAND DEVELOPMENT, INC., Defendant. , S.D.Ohio, November 4, 2009 OPINION AND ORDER NORAH McCANN KING, United States Magistrate Judge. Plaintiffs bring this action pursuant to § 301 of the Labor-Management Relations Act of 1947, 29 U.S.C. § 185, and § 502 of the Employees Retirement Income Security Act of 1972, 29 U.S.C. § 1132 et seq., seeking recovery for amounts allegedly due certain employee benefit plans. With the consent of the parties, 28 U.S.C. § 636(c), this matter is before the Court on plaintiffs' motion for summary judgment. Doc. Nos. 28, 30. Al... AXIS CAPITAL, INC., Plaintiff, v. KAZ PAVING, INC., et al., Defendants. , N.D.Ohio, November 4, 2009 OPINION & ORDER [Resolving Doc. Nos. 70, 71, 76, 77, 78, 79.] JAMES S. GWIN, District Judge. Defendants Tiger General, Inc., Mark Overholt, and John Malbin have moved for summary judgment on Plaintiff Axis Capital, Inc.'s fraud and civil conspiracy claims against them. [Doc. 70; Doc. 71.] With this opinion and order, the Court DENIES the motions. Plaintiff Axis brought this action to recover damages it claims to have suffered as financier of two truck sale transactions that it alleges ... Stanhope A. FORD, Plaintiff v. OWENS-ILLINOIS, INC., Defendant. , N.D.Ohio, November 4, 2009 ORDER JAMES G. CARR, Chief Judge. This is a case about retirement and health care benefits. Plaintiff, Stanhope A. Ford alleges that his former employer, defendant, Owens-Illinois, Inc. [Owens-Illinois] breached an agreement to pay certain benefits to which he was entitled under the agreement. Jurisdiction is proper under 18 U.S.C. § 1332. Pending is defendant's motion to dismiss plaintiff's amended complaint [Doc. 36]. For the reasons discussed below, defendant's motion shall be gr... Michael MAXEY, Plaintiff v. STATE FARM FIRE AND CASUALTY COMPANY, et al., Defendants. , S.D.Ohio, November 4, 2009 ORDER & OPINION S. ARTHUR SPIEGEL, Senior District Judge. This matter is before the Court on Plaintiff's Motion to Exclude the Testimony of Defendants' Expert Mark Sargent (doc. 68), Plaintiff's Renewed Motion to Exclude the Testimony of Defendant's Expert Mark Sargent (doc. 75), Plaintiff's Motion to Strike the Affidavit of James Goodman (doc. 76), Plaintiff's Motion to Strike the Affidavit of John Heltman (doc. 77), Defendants' Response to Plaintiff's Motions (doc. 100), and Plaintiff's Rep... Carolyn BAKER, et al., Plaintiffs, v. CHEVRON USA, INC., et al., Defendants. , S.D.Ohio, November 4, 2009 MEMORANDUM OF DECISION SANDRA S. BECKWITH, Senior District Judge. This matter is before the Court on motions for summary judgment filed by Defendants Chevron USA, Inc., et al., (Doc. Nos. 385, 386, 387, 388, 389, 391, 392, 393, 394 & 395). On October 23, 2009, the Court entered an order (Doc. No. 446) granting the motions. This Memorandum of Decision sets forth the Court's analysis and the reasons for granting these motions. I. Background Plaintiffs in this case are residents of the village... PROPERTY MAINTENANCE GROUP, Plaintiff v. THE CONNOR GROUP, A Real Estate Investment Firm, LLC, et. al., Defendants. , S.D.Ohio, November 4, 2009 ORDER TIMOTHY S. HOGAN, United States Magistrate Judge. This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment (Doc. 88), Defendants, The Connor Group, A Real Estate Investment Firm, LLC's and Chesapeake Landing Apartment, LLC's Memorandum in Opposition to Plaintiff, Property Maintenance Group's Motion for Partial Summary Judgment (Doc. 94), and Plaintiff's Reply thereto (Doc. 99). BACKGROUND FACTS Plaintiff brings this action to recover compensation which it all... Randy Lee ISAACS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Ohio, November 4, 2009 OPINION AND ORDER S. ARTHUR SPIEGEL, Senior District Judge. This matter is before the Court on the Magistrate Judge's September 22, 2009 Report and Recommendation (doc. 13), Defendant's Objections (doc. 14), and Plaintiff's Reply (doc. 15). For the reasons indicated herein, the Court AFFIRMS the Magistrate Judge's Recommended Decision and ADOPTS the Magistrate Judges' Report and Recommendation in most respects, REVERSES the decision of the Commissioner as not supported by substantial evidence... Christy HILES, et al., Plaintiffs, v. INOVERIS, LLC, et al., Defendants. , S.D.Ohio, November 4, 2009 ORDER EDMUND A. SARGUS, JR., District Judge. Suing on behalf of themselves and other similarly situated employees, Plaintiffs Vickie Peebles and Faye Emmond [FN1] bring a claim under the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq. (the "WARN Act" or the "Act") against Defendants ComVest Investment Partners, LLC and ComVest Investment Partners II, LLC (collectively, "ComVest") and Defendant Inoveris, LLC ("Inoveris"). This matter is before the Court on a motion... Betty TURNER, etc., Plaintiff, v. CITY OF TOLEDO, Defendant. , N.D.Ohio, November 3, 2009 MEMORANDUM OPINION KATZ, District Judge. This matter is before the Court on the motions of Defendants Jonathon Leach, William Ginn, and Joe Villanueva (Docs. 84, 85, and 86, respectively) for dismissal from this action pursuant to Fed.R.Civ.P. 12(b)(6) on the ground of qualified immunity. Their motions will be granted. Additionally, Defendants Lucas County Sheriff's Department and Lucas County Jail have filed a motion for judgment on the pleadings (Doc. 75) and Defendant Lucas County has f... In re WHIRLPOOL CORP. FRONT-LOADING WASHER PRODUCTS LIABILITY LITIGATION. , N.D.Ohio, November 3, 2009 OPINION & ORDER [Resolving Doc. No. 21 ] JAMES S. GWIN, District Judge. Defendant Whirlpool Corporation moves this Court to dismiss a number of claims in the Plaintiffs' Master Class Action Complaint. [Doc. 21.] The Plaintiffs oppose the motion. [Doc. 36.] While the Defendant's motion to dismiss was pending, this Court granted the Plaintiffs leave to file a Second Amended Master Class Action Complaint ("MCAC"), which the Plaintiffs filed on September 25, 2009. [FN1] [Doc. 66.] The Court's... AMERICAN GREETINGS, CORPORATION, et al., Plaintiff, v. COOKIE JAR ENTERTAINMENT, INC., et al., Defendants. , N.D.Ohio, November 3, 2009 OPINION & ORDER JAMES S. GWIN, District Judge. Defendants Cookie Jar Entertainment, Inc; Cookie Jar Entertainment (USA), Inc. f/k/a DIC Entertainment Corp.; and Cookie Jar Entertainment Holdings (USA), Inc. f/k/a DIC Entertainment Holdings, Inc. (collectively "the Defendants"), move this Court to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(6). In the alternative, the Defendants ask this Court to transfer the case to the United States District Court for the South... Samuel BARROW, Plaintiff, v. TERMINIX INTERNATIONAL CO., L.P., et al., Defendants. , S.D.Ohio, November 3, 2009 Elizabeth Simmons, Michael Wesley Hawkins, Dinsmore & Shohl LLP, Cincinnati, OH, Hallie A. Diethelm, Frank J. Saibert, Ungaretti & Harris LLP, Chicago, IL, Thomas M.L. Metzger, Littler Mendelson PC, Columbus, OH, for Defendants. ENTRY AND ORDER GRANTING IN PART AND OVERRULING IN PART DEFENDANTS' TWO MOTIONS IN LIMINE (Doc. # 49 and 50) AND BARROW'S MOTION IN LIMINE (Doc. # 51) THOMAS M. ROSE, District Judge. This matter is set for trial beginning on November 16, 2009. Plaintiff Samuel Barro... Jimmie KIMBROUGH, Petitioner, v. Stuart HUDSON, Warden, Respondent. , S.D.Ohio, November 3, 2009 Jimmie Kimbrough, Orient, OH, pro se. OPINION AND ORDER JAMES L. GRAHAM, District Judge. On August 20, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed as barred by the one-year statute of limitations under 28 U.S.C. § 2244(d). Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. For the reasons that follow, petitioner's objections are OVE... WACHOVIA BANK, N.A., Plaintiff, v. ZOMAX INCORPORATED, et al., Defendants. , S.D.Ohio, November 3, 2009 Rebecca Beata Jacobs, Christine E. Watchorn, Ulmer & Berne, LLP, Columbus, OH, for Plaintiff. Elden J. Hopple, Daniel Richard Swetnam, Schottenstein Zox & Dunn Co., L.P.A., Elizabeth Thym Smith, Brenda K. Bowers, Vorys, Sater, Seymour & Pease, LLP, D. Wesley Newhouse, II, Michael Sabin Kolman, Newhouse, Prophater, Letcher & Moots LLC, Todd H. Neuman, Rick L. Ashton, Thomas Richard Allen, Allen Kuehnle Stovall & Neuman LLP, Columbus, OH, for Defendants. OPINION AND ORDER ALGENON L. MARBLEY, ... MALTA TEXO DE MEXICO, S.A. DE C.V., Plaintiff, v. COOPERATIVE BUSINESS INTERNATIONAL, INC., Defendant. , S.D.Ohio, November 3, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court for consideration of Defendant's Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction (FRCP 12(b)(2)) (Doc. # 17) and Plaintiff's Brief in Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction (Doc. # 20). For the following reasons, the Court DENIES Defendant's motion to dismiss. Defendant, in it's motion, argued that the Court has no basis ... Alfred ANDERSON, Petitioner, v. Robin KNAB, Warden, Respondent. , S.D.Ohio, November 3, 2009 REPORT AND RECOMMENDATION NORAH McCANN KING, United States Magistrate Judge. Petitioner, a state prisoner, brings this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the Court on the petition, Doc. No. 3, respondent's return of writ, Doc. No. 8, petitioner's traverse, Doc. No. 14, and the exhibits of the parties. For the reasons that follow, the Magistrate Judge RECOMMENDS that this action be DISMISSED. FACTS and PROCEDURAL HISTORY The Ohio Tenth Distri... MONDO POLYMERS TECHNOLOGIES, INC., Plaintiff, v. MONROEVILLE INDUSTRIAL MOLDINGS, INC., Defendant. , S.D.Ohio, November 3, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court for consideration of the following sets of filings: (1) Defendant's motion for summary judgment of non-infringement (Doc. # 32) and a memorandum in support (Doc. # 33), Plaintiff's memorandum in opposition (Doc. # 36), and Defendant's reply memorandum (Doc. # 39); (2) Plaintiff's motion for summary judgment of non-functionality (Doc. # 41), Defendant's response (Doc. # 46), and Plaintiff's reply memorand... Eric WELLMAN, Petitioner, v. HAMILTON COUNTY MUNICIPAL COURT, Respondent. , S.D.Ohio, November 3, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION SANDRA S. BECKWITH, Senior District Judge. On August 29, 2009, United States Magistrate Judge Timothy S. Black issued a Report and Recommendation in this habeas corpus proceeding under 28 U.S.C. 2254. The Magistrate Judge's thorough report recommends that the petition be denied with prejudice, because Petitioner has not established a right to relief under any of the grounds he advances. Petitioner has filed timely Objections to the Report and Recommend... Peter WIELICKI, Plaintiff, v. The HMC GROUP, Defendant. , N.D.Ohio, November 3, 2009 MEMORANDUM OPINION AND ORDER DONALD C. NUGENT, District Judge. This matter is before the Court on Defendant, HMC Group's ("HMC") Motion for Attorneys' Fees and Costs. (ECF # 38). HMC Group seeks reimbursement of attorney fees, costs and expenses it incurred defending against claims made against them during the course of this litigation. Plaintiff, Peter Wielicki filed a response opposing the motion. (ECF # 39). Procedural History Plaintiff filed a Complaint against HMC in the Common Pleas C... Jacqueline MAYS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , S.D.Ohio, November 3, 2009 ORDER ADOPTING REPORT AND RECOMMENDATIONS WALTER HERBERT RICE, District Judge. The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. # 14), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that the Commissi... Paula J. HARRIS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , S.D.Ohio, November 3, 2009 ORDER SANDRA S. BECKWITH, Senior District Judge. This matter is before the Court on Magistrate Judge Hogan's Report and Recommendation of September 15, 2009 (Doc. No. 20) and Plaintiff Paula Harris's objections to the Report and Recommendation (Doc. No. 11). In his Report and Recommendation, Judge Hogan found that the Administrative Law Judge's ("ALJ") determination that Plaintiff is not disabled, and therefore, not entitled to receive disability insurance and supplemental security income ben... Gabriela MAYRIDES, Plaintiff, v. DELAWARE COUNTY COMMISSIONERS, et al., Defendants. , S.D.Ohio, November 3, 2009 OPINION AND ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter comes before the Court on the Plaintiff, Gabriela Mayrides' ("Mayrides"), Motion for Reconsideration of this Court's Order Granting Judgment on the Pleadings to all defendants (Dkt.45). For the reasons stated below, the Plaintiff's Motion for Reconsideration is DENIED. II. BACKGROUND This Court ruled in its Opinion and Order on the Motion for Judgment on the Pleadings (Dkt.27) of Defendants Delaware County Board... Geoffrey A. DAVIS, Plaintiff, v. MUNICIPAL ENTITY OF MARIETTA, et al., Defendants. , S.D.Ohio, November 3, 2009 ORDER ALGENON L. MARBLEY, District Judge. On April 14, 2009, the Magistrate Judge issued a Report and Recommendation in this case. It was the Magistrate Judge's conclusion that the complaint filed by Mr. Davis, who is a state prisoner, should be dismissed for failure to state a claim upon which relief can be granted. The Magistrate Judge reached that conclusion because Mr. Davis appeared to be asserting that the City of Marietta and its mayor were somehow responsible for actions taken by the ... UNITED STATES of America, Plaintiff, v. Terry W. THOMPSON, Defendant. , S.D.Ohio, November 3, 2009 David Joseph Bosley, United States Attorney's Office, Columbus, OH, for Plaintiff. David Chappell Winters, James E. Arnold & Associates, Columbus, OH, for Defendant. ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on Defendant Terry Thompson's ("Thompson") Motion to Suppress Evidence. Thompson alleges that the evidence in question was obtained as the result of search of his home on June 18, 2008, that violated his Fourth Amendment right to be fre... Megan SMATHERS, Petitioner, v. Sherry DUFFY, Warden, Respondent. , N.D.Ohio, November 2, 2009 MEMORANDUM OPINION KATZ, District Judge. This action is before the Court on Petitioner's objections to the July 8, 2009 Report and Recommendation ("R & R") of the United States Magistrate Judge (Doc. No. 9), recommending that the Court deny the petition for a writ of habeas corpus. In accordance with United States v. Curtis, 237 F.3d 598, 603 (6th Cir.2001) and Hill v. Duriron Co., 656 F.2d 1208 (6th Cir.1981), and 28 U.S.C. § 636(b)(1)(B) & (C), this Court has made a de novo determination of... Thomas SMITH, Plaintiff v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. , S.D.Ohio, November 2, 2009 OPINION AND ORDER MARK R. ABEL, United States Magistrate Judge. This matter is before the Court pursuant to Plaintiff's Motion to Remand (Doc. 6). Plaintiff filed this action in the Court of Common Pleas of Jefferson County, Ohio on August 6, 2009 (Doc. 3). The Complaint alleged that Plaintiff Thomas Smith's home and its contents had been destroyed in a fire in January 2009, that he had been covered by an insurance policy issued by Defendant, that this loss had been covered under that policy,... Eli Joel TURNER, Plaintiff, v. Sandy BROWN, Defendant. , S.D.Ohio, November 2, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court on the United States of America's Motions to Substitute the United States as the Party Defendant for Sandy Brown, Amend the Caption of the Case, Dismiss the Claims Against Sandy Brown and Dismiss the Claims Against the United States ("United States' Motion") (Doc. # 4), Plaintiff's memorandum in opposition to the United States' Motion (Docs. # 8, 9), and the United States' reply memorandum in support of its mo... William SHAW, et al., Plaintiff, v. CITY OF FOSTORIA, et al., Defendant. , N.D.Ohio, November 2, 2009 Charles R. Hall, Jr., Tiffin, OH, for Plaintiff. Todd M. Raskin, Mazanec, Raskin, Ryder & Keller, Cleveland, OH, for Defendant. MEMORANDUM OPINION KATZ, District Judge. This matter is before the Court on the motion of Defendants City of Fostoria and Tiffany Shaver to dismiss the Complaint in this case under Fed.R.Civ.P. 12(b)(6) for failure to state a claim on which relief can be granted. (Doc. 4). Their motion will be granted. I. Background The Complaint alleges the following facts: ... Carlotta COOK, Plaintiff, v. LIQUID CONTAINER, INC., et al., Defendants. , S.D.Ohio, November 2, 2009 F. Harrison Green, F. Harrison Green Co LPA, Cincinnati, OH, for Plaintiff. Michael Wesley Hawkins, Kathleen A. Carnes, Dinsmore & Shohl, Cincinnati, OH, Walter Liszka, Wessels & Pautsch, Chicago, IL, for Defendants. ORDER SANDRA S. BECKWITH, Senior District Judge. This matter is before the Court on the motion for summary judgment filed by Defendants Liquid Container, LP and Jeffrey Safran (Doc. No. 16). For the reasons set forth below, Defendants' motion is well-taken and is GRANTED as ... G.D., et al., Plaintiffs, v. Barbara RILEY, Director of Ohio Department of Job and Family Services, Defendant. , S.D.Ohio, November 2, 2009 Virginia Sue Wilson, Columbus, OH, Kristin E. Hildebrant, Winnifred Norah Week, Ohio Legal Rights Service, Columbus, OH, Robert A. Cole, Advocates for Basic Legal Equality, Inc., Toledo, OH, Walter David Koeninger, Toledo, OH, for Plaintiffs. Ara Mekhjian, William C. Greene, Ohio Attorney General's Office, David Joseph Espinoza, Health & Human Services Section, Henry G. Appel, Ohio Attorney General Health And Human Services, Columbus, OH, for Defendant. OPINION AND ORDER NORAH McCANN KING,... Brett RUHLMAN, Petitioner, v. WARDEN, LEBANON CORRECTIONAL INSTITUTION, Respondent. , S.D.Ohio, November 2, 2009 ORDER SANDRA S. BECKWITH, Senior District Judge. This matter is before the Court on Magistrate Judge Hogan's Report and Recommendation of July 31, 2009 (Doc. No. 12) and Petitioner Brett Ruhlman's objections to the Report and Recommendation (Doc. No. 13). For the reasons that follow, Petitioner's objections to the Report and Recommendation are not well- taken and are OVERRULED; the Court ADOPTS the Report and Recommendation. Petitioner's petition is not well-taken and is DENIED. Petitioner al... John DOE, Plaintiff v. The PROCTOR AND GAMBLE COMPANY, Defendant. , S.D.Ohio, October 30, 2009 ORDER HERMAN J. WEBER, Senior District Judge. This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 42) and plaintiff's objections (doc. no. 48). The Magistrate Judge concluded that defendant did not fail to plead or otherwise defend and therefore recommended that plaintiff's Motion for Default Judgment (doc. no. 16). Plaintiff objects to the Judge's Report and Recommendation on the grounds that his findings are contrary to law. ... Richard L. COTTRILL, et al., Plaintiffs, v. ALLSTATE INSURANCE CO., et al., Defendants. , S.D.Ohio, October 30, 2009 MEMORANDUM OPINION & ORDER JOHN D. HOLSCHUH, District Judge. Following an automobile accident, Plaintiffs Richard and Pamela Cottrill filed suit in the Court of Common Pleas of Perry County against Allstate Insurance Company ("Allstate") and Blue Cross Blue Shield of Michigan ("Blue Cross"). In addition to seeking damages against Allstate, Plaintiffs asked the court to declare the rights and obligations of the parties to the two insurance contracts. Blue Cross removed the case to federal cour... Sean Lamont CAMERON, Plaintiff, v. CITY OF SPRINGFIELD, et al., Defendants. , S.D.Ohio, October 30, 2009 ORDER ADOPTING REPORT AND RECOMMENDATIONS THOMAS M. ROSE, District Judge. The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. # 12), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that the Complaint is ... Michael HOLMES, et al., Plaintiffs, v. Kenneth WILSON, et al., Defendants. , S.D.Ohio, October 30, 2009 OPINION AND ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on Defendants Kenneth and Candace Wilson's ("Defendant Buyers") Motion to Dismiss Plaintiffs Michael and Renne Holmes' ("Plaintiff Sellers") Amended Complaint. (Dkt.18). Plaintiff Sellers sued Defendant Buyers alleging breach of contract (Count I); bad faith (Count II); and promissory estoppel (Count III); in regards to a purchase contract for the sale of Plaintiff Sellers' home to Defendant B... Issa B. CONTEH, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ohio, October 30, 2009 OPINION AND ORDER JAMES L. GRAHAM, District Judge. On October 20, 2009, after conducting an evidentiary hearing, the Magistrate Judge issued a Report and Recommendation recommending that petitioner's sole remaining claim, i.e., that his trial counsel was ineffective because he failed to advise petitioner to plead guilty, be dismissed. Report and Recommendation, Doc. No. 209. This matter is now before the Court on petitioner's objections to that Report and Recommendation, which the Court will ... Timothy SCHULER, Petitioner, v. Stuart HUDSON, Warden, Respondent. , S.D.Ohio, October 30, 2009 ORDER MICHAEL R. BARRETT, District Judge. This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on October 1, 2009 (Doc. 14). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir.1981). No objections to the Magistrate Judge's Repo... Timothy McWILLIAMS, Plaintiff, v. S.E. INC., et al., Defendants. , N.D.Ohio, October 29, 2009 ORDER JOHN R. ADAMS, District Judge. Pending before the Court is Plaintiff's motion to vacate this Court's order dated August 26, 2008. The motion is DENIED. As this Court's prior order was not a final order, Plaintiff's motion will be construed as a motion for reconsideration. This Court has previously denied motions that follow a similar path to the argument raised by Plaintiff. [Plaintiff] apparently seeks to remedy a clear legal error, or to prevent an obvious injustice. However, t... Benjamin R. PANKEY, Petitioner, v. Keith SMITH, Warden, Respondent. , N.D.Ohio, October 29, 2009 ORDER PETER C. ECONOMUS, District Judge. This matter is before the Court upon a petition for a writ of habeas corpus filed by Benjamin R. Pankey ("Petitioner"), pursuant to 28 U.S.C. § 2254. (Dkt.# 1). On May 20, 2009, this case was automatically referred to Magistrate Judge James S. Gallas for preparation of a Report and Recommendation, pursuant to 28 U.S.C. § 636 and LR 72.1. On September 22, 2009, the Magistrate issued a report and recommendation, recommending that the Court deny the in... Andrea T. CLUTTER, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , S.D.Ohio, October 29, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. On August 18, 2009, the Magistrate Judge issued a report and recommendation that the decision of the Administrative Law Judge was, in part, not based on substantial evidence and this matter should be remanded for further proceedings. Objections to this report and recommendation were due by September 4, 2009. No objections to the report and recommendation have been filed. On de novo review as required by 28 U.S.C. § 636(b), I find the repo... UNITED STATES of America, for the use and benefit of TESAR INDUSTRIAL CONTRACTORS, INC., Plaintiffs, v. TURNER CONSTRUCTION CO., et al., Defendants. , N.D.Ohio, October 29, 2009 ORDER & OPINION [Resolving Doc. No. 9 ] JAMES S. GWIN, District Judge. Defendants Turner Construction Company ("Turner"), et al., move this Court to dismiss the Plaintiffs' Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(3), or, in the alternative, to stay proceedings pending arbitration between Defendant Glidepath LLC ("Glidepath") and Plaintiff Tesar Industrial Contractors, Inc. ("Tesar"), or, in the alternative, to transfer venue of this matter to the United S... Timothy McWILLIAMS, Plaintiff, v. S.E. INC., et al., Defendants. , N.D.Ohio, October 29, 2009 MEMORANDUM OF OPINION JOHN R. ADAMS, District Judge. Pending before the Court is Defendant S.E. Inc's motion for summary judgment (Doc. 158). The Court has been advised, having review the motion, response, reply, pleadings, exhibits, and applicable law. For the reasons that follow, the motion is GRANTED IN PART and DENIED IN PART. I. FACTUAL BACKGROUND Ellen Ann McWilliams ("Decedent") was fatally injured in a tandem skydiving accident on May 27, 2006. Decedent signed up with skydiving com... Troy PIROLOZZI, Plaintiff, v. Eric STANBRO, et al, Defendants. , N.D.Ohio, October 29, 2009 ORDER & OPINION [Resolving Doc. No. 279.] JAMES S. GWIN, District Judge. Before the Court is the Magistrate Judge's Report and Recommendation [Doc. 293 ] on the Plaintiff's Motion to Amend the Judgment for Attorney Fees and Costs. [Doc. 279.] The Plaintiff filed his motion for fees after a jury returned a verdict in his favor and against Defendant City of Canton and the Court accordingly entered judgment awarding the Plaintiff a total of $2,075,000 in damages. [Doc. 274.] Defendant City ... Michael Stanley MORRIS, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ohio, October 29, 2009 OPINION AND ORDER JAMES L. GRAHAM, District Judge. On March 3, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 be dismissed. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. For the reasons that follow, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED. Petitione... Quentin R. JEFFERSON, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ohio, October 29, 2009 Quentin Jefferson, Columbus, OH, pro se. OPINION AND ORDER GEORGE C. SMITH, District Judge. On August 14, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 be dismissed. Petitioner has filed a "Motion to Appeal Judges Decision", Doc. No. 33, which this Court construes as objections to the Magistrate Judge's Report and Recommendation. Petitioner requests that his probation b... Ralph LYNCH, Petitioner, v. Stuart HUDSON, Warden, Respondent. , S.D.Ohio, October 29, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this Court a habeas corpus action under 28 U.S.C. § 2254. This matter is before the Court upon Petitioner's motion for funds for expert services (Doc. # 27), Respondent's memorandum in opposition (Doc. # 28), and Petitioner's reply (Doc. # 30). I. Introduction Petitioner seeks funds to retain a neuropsychologist and a clinical psychologist. Pursuant to 18 U.... George M. KARL, et al., Plaintiffs, v. Gordon BIZAR, et al., Defendants. , S.D.Ohio, October 28, 2009 OPINION AND ORDER NORAH McCANN KING, United States Magistrate Judge. This matter is before the Court on Plaintiff Bret A. Adams's Second Motion to Seal Portions of Defendants' Counterclaim and Portions of Defendants' Memo in Opposition to Plaintiff Adams's Motion to Seal, Doc. No. 25 ("Second Motion to Seal" ). For the reasons set forth below, the Second Motion to Seal is DENIED. I. BACKGROUND After plaintiffs filed the original complaint in the Court of Common Pleas for Franklin County, Ohio... UNITED STATES of America, Plaintiff, v. SEVENTY THOUSAND ONE HUNDRED FIFTY DOLLARS IN UNITED STATES CURRENCY ($70,150.00), et al., Defendants. , S.D.Ohio, October 28, 2009 OPINION AND ORDER S. ARTHUR SPIEGEL, Senior District Judge. This matter is before the Court on Plaintiff's Motion for Summary Judgment (doc. 52), Claimant Nico Capurro's Motion to Strike (doc. 53), Claimant's Memorandum in Opposition to Plaintiff's Motion for Summary Judgment (doc. 54), Plaintiff's Reply thereto (doc. 55), Plaintiff's Response to Claimant's Motion to Strike (doc. 57) and notice by Plaintiff of errata to its response to Claimant's Motion to Strike (doc. 58). For the reasons st... GOODYEAR TIRE AND RUBBER COMPANY, Plaintiff, v. DOW DEUTSCHLAND GMBH & CO. OHG, et al., Defendants. , N.D.Ohio, October 28, 2009 MEMORANDUM OPINION AND ORDER DAVID D. DOWD, JR., District Judge. The Court previously conducted a telephone conference on October 22, 2009 concerning two discovery disputes. The first dispute concerned how much time the Court would allow a non-party witness [FN1] in this case to be deposed on November 3, 2009 for the purpose of providing trial testimony. The Court determined that plaintiff would be allocated four hours and that defendants would be allocated six hours, for a total deposition ... Jake L. KILLINGS, Plaintiff, v. COMMISSIONER OF the SOCIAL SECURITY ADMIN., Defendant. , N.D.Ohio, October 28, 2009 ORDER GREG WHITE, United States Magistrate Judge. Plaintiff Jake L. Killings ("Killings"), through counsel Kirk B. Roose ("Roose"), filed a timely application for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). (Doc. No. 15.) The Commissioner of Social Security ("Commissioner") filed a response to Plaintiff's motion requesting the Court to reduce the amount of fees awarded. (Doc. No. 16.) Plaintiff filed a reply brief. (Doc. No. 17.) The parties consented... UNITED STATES of America, Plaintiff, v. Christopher Todd ROSE, Defendant. , S.D.Ohio, October 28, 2009 DECISION AND ORDER STRIKING PRO SE OBJECTIONS TO REPORT AND RECOMMENDATIONS AND DENYING PRO SE MOTION TO EXPAND SCOPE OF EVIDENTIARY HEARING MICHAEL R. MERZ, United States Magistrate Judge. This § 2255 matter is before the Court on Defendant's Objections to Recommendations on Remaining Claims and Motion to Expand Scope of Evidentiary Hearing (Doc. No. 469). Because an evidentiary hearing is required in this case, the Court appointed counsel to represent Defendant, who is indigent. A party ... GATE PRECAST COMPANY, Plaintiff, v. KENWOOD TOWNE PLACE, LLC, et al., Defendants. , S.D.Ohio, October 28, 2009 OPINION AND ORDER S. ARTHUR SPIEGEL, Senior District Judge. This matter is before the Court on Defendants' Motion to Dismiss (doc. 15), Plaintiff's Memorandum in Opposition (doc. 17), and Defendants' Response (doc. 20). For the reasons indicated herein, the Court DENIES Defendants' motion. I. Background The facts of this case, as alleged in the Complaint, are as follows. Defendant Kenwood Towne Place, LLC ("Kenwood") is, or was developing Kenwood Towne Place, a mixed-use development, and h... Adrienne LACHETA, Plaintiff, v. MADISON COUNTY HOSPITAL, Defendant. , S.D.Ohio, October 28, 2009 OPINION AND ORDER MICHAEL H. WATSON, District Judge. Plaintiff asserts that defendant discriminated against her in her employment because of her sex and her pregnancy. She brings claims under Title VII of the Civil Rights Act of 1964, and analogous provisions of the Ohio Revised Code. Defendant moves to dismiss for lack of jurisdiction on the ground that plaintiff failed to file this action within ninety days after receiving her right to sue letter. For the reasons that follow the Court grant... UNITED STATES of America ex rel. Roger L. SANDERS, et al., Relators, v. ALLISON ENGINE COMPANY, INC., et al., Defendants. , S.D.Ohio, October 27, 2009 James Burdette Helmer, Jr., Paul B. Martins, Robert M. Rice, Helmer Martins, Rice & Popham Co., L.P.A., Gerald F. Kaminiski, Ass't U.S. Attorney, Cincinnati, OH, Donald Patrick McKenna, Jr., Scott A. Powell, Hare, Wynn, Newell & Newton LLP, Birmingham, AL, Joyce R. Branda, Michael F. Hertz, Paul J. Wogaman, U.S. Department of Justice, Civil Divison, Washington, DC, for Relators. Glenn Virgil Whitaker, Victor A. Walton, Jr. Vorys Sater Seymour & Pease, Lawrence Robert Elleman, Thomas Jason Mu... Victor PETERMAN, Plaintiff, v. Warden EBERLIN, et al., Defendants. , S.D.Ohio, October 27, 2009 REPORT AND RECOMMENDATION NORAH McCANN KING, United States Magistrate Judge. Plaintiff, formerly a state prisoner, [FN1] brings this action under 42 U.S.C. § 1983 alleging that he was subjected to excessive force by a corrections officer in contravention of his rights under the Eighth and Fourteenth Amendment of the United States Constitution. This matter is now before the Court on the motion to dismiss for failure to exhaust administrative remedies. Doc. No. 28. Although plaintiff was grant... Tyler RHOADS, Petitioner, v. Robert WELCH, Warden, Respondent. , N.D.Ohio, October 27, 2009 MEMORANDUM OF OPINION CHRISTOPHER A. BOYKO, District Judge. This matter comes before the Court on Petitioner Tyler Rhoads' Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (ECF # 1). For the following reasons, the Court accepts and adopts the Magistrate Judge's Report and Recommendation and dismisses Petitioner's petition. FACTS The following is a factual synopsis of Petitioner's claims. The Magistrate Judge's Report and Recommendation adopted and incor... WELLS FARGO BANK, N.A., Plaintiff, v. LaSALLE BANK NATIONAL ASSOCIATION, Defendant. , S.D.Ohio, October 27, 2009 DECISION AND ORDER MICHAEL R. MERZ, United States Magistrate Judge. This case is before the Court on LaSalle's Renewed Motion in Limine (Doc. No. 246) which Wells Fargo opposes (Doc. No. 253); LaSalle has filed a Reply Memorandum in Support (Doc. No. 255). LaSalle seeks first to exclude 1. The overall performance (including delinquency and/or default rates) of, or the underwriting or origination practices in connection with, the MFG program or the MF2 securitization as a whole; 2.... Amy PIZZIMENTI, Plaintiff, v. OLDCASTLE GLASS INCORPORATED, et al., Defendants. , N.D.Ohio, October 27, 2009 Thomas R. Paxton, Garan Lucow Miller, Detroit, MI, Suzanne R. Fanning, Garan Lucow Miller, Ann Arbor, MI, for Plaintiff. Gregory T. Lodge, Neema M. Bell, Shumaker, Loop & Kendrick, Toledo, OH, for Defendants. MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION This matter is before the Court on a Motion for Summary Judgment by Defendant Oldcastle Glass, Inc. on all claims brought by Plaintiff Amy Pizzimenti (Doc. No. 68). The Motion asks the Court to grant summary j... Marigold V. HARTMAN, Plaintiff, v. SENIOR HEALTH INSURANCE COMPANY OF PENNSYLVANIA, et al., Defendants. , S.D.Ohio, October 26, 2009 ENTRY AND ORDER FINDING THE MOTION TO QUASH HUDSON'S SUBPOENA MOOT; OVERRULING THE MOTION TO QUASH THE ODI RECORDS CUSTODIAN'S SUBPOENA; GRANTING IN PART AND OVERRULING IN PART THE MOTION FOR A PROTECTIVE ORDER; ORDERING THE ODI RECORDS CUSTODIAN TO SATISFY THE SUBPOENA DUCES TECUM BY NOT LATER THAN NOVEMBER 15, 2009 AND GIVING HARTMAN UNTIL NOT LATER THAN THIRTY (30) DAYS FOLLOWING ENTRY OF THIS ORDER TO SUBMIT A MOTION FOR SANCTIONS IF SHE WISHES TO DO SO THOMAS M. ROSE, District Judge. Now... Robert E. WOLF, Jr., Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Ohio, October 26, 2009 ENTRY AND ORDER GRANTING IN PART WOLF'S OBJECTIONS (Doc. # 16) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. # 15); REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION CONSISTENT WITH THIS ORDER AND TERMINATING THIS CASE THOMAS M. ROSE, District Judge. Plaintiff Robert E. Wolf, Jr. ("Wolf") initially filed an action in this Court seeking judicial review of a prior decision by the Commissioner denying his application for Social Security benefits. On August 8, 2009, U... Kathy Wray COLEMAN, Plaintiff. v. CUYAHOGA COUNTY BOARD OF COMMISSIONERS, et al., Defendants. , N.D.Ohio, October 26, 2009 ORDER STRIKING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE CHRISTOPHER A. BOYKO, District Judge. This matter was referred to Magistrate Judge James Gallas for General Pretrial Supervision on September 24, 2009, ECF Doc. No. 10. On October 5, 2009, the Magistrate Judge issued a Report and Recommendation on Defendant Gerald T. McFauls "Motion to Dismiss, Quash Service of the Complaint or Amended Complaint" based on Civ.R .12(B)(5) and recommended Defendant's "Motion to Dismiss" be deni... Gregory Walker JOHNSON, Plaintiff, v. Levi STRAUSS, et al., Defendants. , S.D.Ohio, October 26, 2009 DECISION AND ENTRY THOMAS M. ROSE, District Judge. The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. # 63), to whom this case originally was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS in full said Report and Recommendations. It therefore is ORDERED that: 1. ... Cynthia J. THOMPSON, Plaintiff, v. TRANSAM TRUCKING, INC., et al., Defendants. , S.D.Ohio, October 26, 2009 OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court for consideration of the Motion of Plaintiff Cynthia J. Thompson for Partial Dismissal ("Plaintiff's Motion to Dismiss") (Doc. # 38), Defendant Transam Trucking, Inc., the Transam Trucking, Inc. Employee Benefit Plan, and FMH Benefit Services, Inc.'s (together "Health Plan Defendants") Motion for Summary Judgment and for Judgment on the Pleadings ("Health Plan Defendants' Motion") (Doc. # 39), Plaintiff's Memo... The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. Emily RAFI, et al., Defendants. , N.D.Ohio, October 26, 2009 MEMORANDUM OPINION AND ORDER DOWD, District Judge. Pending before the Court in this interpleader action is defendant Emily Rafi's motion to quash pursuant to Federal Rule of Civil Procedure 45(c)(3) a subpoena of the records custodian of Shaw, Jacobs & Associates. ECF 47. The subpoena was issued by defendants Raymond L. Candage, Jr. and Robert D. Candage, who have opposed the motion to quash. ECF 48. For the reasons discussed below, defendant Emily Rafi's motion to quash is DENIED. A. F... Sean P. HORTON, Plaintiff, v. John E. POTTER, Postmaster General, Defendant. , N.D.Ohio, October 26, 2009 MEMORANDUM OPINION KATZ, District Judge. Plaintiff Sean Horton was a supervisor employed by the United States Postal Service ("USPS") in Toledo, OH, until his employment was terminated in April, 2007. In this action he brings claims against the USPS alleging sexual harassment and retaliatory termination. Horton alleges that he was harassed by some of his co-workers and supervisors, who perceived him to be homosexual. This matter is presently before the Court on the motion of the Defendant, Un... Ronald FITHEN, et al., Plaintiffs, v. CITY OF GAHANNA, Ohio, et al., Defendants. , S.D.Ohio, October 26, 2009 OPINION AND ORDER NORAH McCANN KING, United States Magistrate Judge. Plaintiff Ronald Fithen asserts various claims under federal and state law, including the FMLA, 29 U.S.C. § 2601 et seq. This matter is now before the Court on plaintiffs' motion for leave to amend the complaint to join as an additional defendant Kristin Treadway, identified as the human resources director for the Gahanna Police Department. Doc. Nos. 5, 10. Plaintiffs' motion is governed by Rule 15(a) of Federal Rules of ... Norman SNEED, Plaintiff, v. Ernie MOORE, et al., Defendants. , S.D.Ohio, October 26, 2009 Norman Sneed, Mansfield, OH, pro se. Melissa A. Montgomery, Ohio Attorney General's Office, Columbus, OH, for Defendants. ORDER TIMOTHY S. BLACK, United States Magistrate Judge. Plaintiff is an inmate presently incarcerated at Mansfield Correctional Institution who brings this pro se action alleging that Defendants used excessive force while he was incarcerated at Lebanon Correctional Institution. The case is currently before the Court on Plaintiff's motion for sanctions (Doc. 15) and De... Charles McCOY, Plaintiff, v. Anthony W. SHEPARD, et al., Defendants. , S.D.Ohio, October 26, 2009 OPINION AND ORDER NORAH McCANN KING, United States Magistrate Judge. Plaintiff, proceeding pro se, initiated this action under 42 U.S.C. § 1983, alleging that he was subjected to excessive force during the course of his June 2004 arrest by three police officers of the City of Heath. On April 24, 2009, this Court denied plaintiff's motion for summary judgment and granted defendants' motion for summary judgment. Opinion and Order, Doc. No. 102; Judgment, Doc. No. 103. This matter is now before ... KINDHEARTS FOR CHARITABLE HUMANITARIAN DEVELOPMENT, INC., Plaintiff v. Timothy GEITHNER, et al., Defendants. , N.D.Ohio, October 26, 2009 Fritz Byers, Toledo, OH, Alan R. Kabat, Lynne Bernabei, Bernabei & Wachtel, David D. Cole, Washington, DC, Alexander A. Abdo, Benjamin E. Wizner, Hina Shamsi, American Civil Liberties Union Foundation, New York, NY, Carrie L. Davis, American Civil Liberties Union of Ohio Foundation, Cleveland, OH, Jeffrey M. Gamso, Gamso, Helmick & Hoolahan, Toledo, OH, for Plaintiff. Amy E. Powell, Jonathan E. Zimmerman, Washington, DC, Daniel J. Maloney, Maloney, Mchugh & Kolodgy, Ltd., Toledo, OH, Ranjana ... TITAN TIRE CORPORATION OF BRYAN, Plaintiff, v. LOCAL 890L, UNITED STEELWORKERS OF AMERICA, Defendant. , N.D.Ohio, October 26, 2009 Thomas A. Dixon, Heidi N. Eischen, Eastman & Smith, Toledo, OH, Gene R. Lasuer, Davis Hockenberg Wine Brown Koehn & Shors, Des Moines, IA, for Plaintiff. John G. Adam, Martens, Ice, Klass, Legghio, Israel & Gorchow, Royal Oak, MI, for Defendant. MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION The issue in this case is whether an arbitrator exceeded his authority in reversing an employer's decision to discharge an employee who, following an accident, tested posit... MOSSER CONSTRUCTION, INC., Plaintiff, v. The TRAVELERS INDEMNITY COMPANY, Defendant. , N.D.Ohio, October 26, 2009 Steven R. Smith, Adam S. Nightingale, Connelly, Jackson & Collier, Toledo, OH, for Plaintiff. David L. Lester, Harold H. Reader, Ulmer & Berne, Cleveland, OH, for Defendant. MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION The issue in this case is whether a company who supplied crushed stone backfill to a general contractor is a "subcontractor" within the meaning of an insurance policy, or merely a "material supplier." Resolution of this question will determine ... LINCOLN ELECTRIC COMPANY, Plaintiff, v. MPM TECHNOLOGIES, INC., Defendant. , N.D.Ohio, October 23, 2009 Daniel M. Connell, Evan T. Byron, Shannon J. Polk, Haber Polk, Cleveland, OH, for Plaintiff. Joseph P. Green, Lee Green & Reiter, Bellefonte, PA, Kirk E. Roman, Michael J. Spetrino, Akron, OH, for Defendant. ORDER & OPINION [Resolving Doc. No. 67.] JAMES S. GWIN, District Judge. Following a two-day trial, a jury returned a verdict in favor of Plaintiff Lincoln Electric Company ("Lincoln Electric") and against Defendant MPM Technologies ("MPM") and awarded damages in the amount of $2... Fidel Angel VASQUEZ, Petitioner v. Debrah TIMMERMAN-COOPER, Warden, Respondent. , S.D.Ohio, October 23, 2009 Fidel Angel Vasquez, London, OH, pro se. Report and Recommendation MARK R. ABEL, United States Magistrate Judge. Petitioner Fidel Angel Vasquez, a prisoner at the London Correctional Institution, brings this action for writ of habeas corpus under 28 U.S.C. § 2254. This matter is before the Magistrate Judge for preliminary consideration under Rule 4, Rules Governing Section 2254 Cases in United States District Courts. The petition alleges that on April 28, 2003 Vasquez was convicted in th... The GOODYEAR TIRE & RUBBER COMPANY, Plaintiff, v. NATIONAL UNION INSURANCE COMPANY OF PITTSBURGH, et al., Defendants. , N.D.Ohio, October 23, 2009 OPINION AND ORDER CHRISTOPHER A. BOYKO, District Judge. This matter comes before the Court upon Defendant Federal Insurance Company's Motion (ECF DKT # 21) to Dismiss Count II of Plaintiff's Amended Complaint and Plaintiff Goodyear Tire & Rubber Company's Motion (ECF DKT # 24) for Partial Judgment on the Pleadings with respect to Count II of the Amended Complaint. For the following reasons, Defendant's Motion to Dismiss is granted and Plaintiff's Motion for Partial Judgment on the Pleadings i... Cory YOUNG, Petitioner, v. WARDEN, NOBLE CORRECTIONAL INSTITUTION, Respondent. , S.D.Ohio, October 23, 2009 REPORT AND RECOMMENDATION MARK R. ABEL, United States Magistrate Judge. Petitioner, a state prisoner, brings the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the Court on the instant petition, respondent's return of writ, petitioner's traverse, and the exhibits of the parties. This case involves petitioner's conviction pursuant to his negotiated guilty plea in the Gallia County Court of Common Pleas on one count of burglary. The trial court ... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com