ORDER ON VIOLATION OF CONDITIONS OF SUPERVISED RELEASE SARA LIOI , District Judge . A violation report was filed in this case on January 30, 2020. The Court referred this matter to Magistrate Judge George J. Limbert to conduct appropriate proceedings and to file a report and recommendation. Magistrate Judge Limbert reported that a supervised release violation hearing was held on February 20, 2020. The defendant admitted to the following violations: 1. Failure to follow the rules of...
OPINION AND ORDER CHRISTOPHER A. BOYKO , Senior District Judge . This matter is before the Court on Defendants' Motion for Partial Summary Judgment. (ECF # 36). For the following reasons, the Court grants, in part, and denies, in part, Defendants' Motion. Plaintiffs Tracie Sylvester and Antonio May, the spouse of Sylvester, allege Sylvester was suffering from stress urinary incontinence and pelvic organ prolapse when she had Defendants' TVT pelvic mesh implanted at University Hospital's...
OPINION AND ORDER CHRISTOPHER A. BOYKO , J. This matter comes before the Court upon the Motion (ECF DKT #40) of Defendant Cuyahoga County for Summary Judgment as to Plaintiff Linda Herman's Claims. For the following reasons, the Motion is granted. I. FACTUAL BACKGROUND Defendant Michael C. O'Malley took office as Cuyahoga County Prosecutor on January 2, 2017. O'Malley installed Defendant Gregory Mussman as Chief of the Juvenile Justice Unit and Defendant Joanna Whinery as Managing...
Memorandum of Opinion and Order PATRICIA A. GAUGHAN , Chief District Judge . Introduction This matter is before the Court upon defendant Dr. Dawes' Motion for Summary Judgment (Doc. 30). This is a 1983 action brought by a former pretrial detainee. For the following reasons, the motion is GRANTED. Facts Pro se plaintiff Robert Walker filed this action under 42 U.S.C. 1983 against numerous defendants. This Court dismissed the Complaint sua sponte pursuant to 28 U.S.C. 1915(e)....
OPINION AND ORDER DAN AARON POLSTER , District Judge . This matter is before the Court for disposition of the motion to quash subpoenas filed by fifteen non-parties ("Movants") in the above captioned case. Doc #: 1. Movants move for this Court to quash the subpoenas issued by Plaintiffs. Plaintiffs filed a brief in opposition. Doc #: 3. Movants filed a reply brief in support. Doc #: 4. Because Movants fail to satisfy their burden of persuading the Court that the subpoenas should be...
MEMORANDUM OPINION AND ORDER SARA LIOI , District Judge . Before the Court is the motion of defendants and counterclaimants Annette M. Correll ("Annette Correll") (originally named as Annette M. Popson Correll) and Dean Correll (together, "the Corrells" or "defendants") for summary judgment as to all claims asserted against them by plaintiff and counterclaim-defendant Alicia J. Anderson ("Anderson" or "plaintiff"), and for partial summary judgment on the issue of liability as to all of...
ORDER AND DECISION (Resolving Docs. 17 and 21) JOHN R. ADAMS , District Judge . Pending before the Court is a motion to dismiss filed by the Defendant George Maier (Doc. 17) and a motion for conditional certification filed by Plaintiffs Christy Barker and Deanna Clapper (Doc. 21). Both motions have been fully briefed. The motion to dismiss is DENIED. The motion for conditional certification is GRANTED. I. Motion to Dismiss The Sixth Circuit stated the standard for reviewing a motion to...
ORDER GRANTING APPROVAL OF FLSA SETTLEMENT AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND NOTICE SARA LIOI , District Judge . Plaintiff Sarah Byerly (the "Class Representative") and Defendant Robin Industries, Inc. ("Defendant") have moved the Court, pursuant to the Fair Labor Standards Act ("FLSA") 29 U.S.C. 216(b) and Rule 23(e) of the Federal Rules of Civil Procedure for entry of an order: (a) finally approving the FLSA Class settlement, as described in the Joint Stipulation...
MEMORANDUM OPINION AND ORDER WILLIAM H. BAUGHMAN, JR. , Magistrate Judge . Introduction Before me 1 is Julia Penn's action for judicial review of the 2018 decision of the Commissioner of Social Security that denied Penn's application for supplemental security income benefits. 2 The Commissioner has answered 3 and filed the transcript of the administrative proceedings. 4 Pursuant to terms of my order, 5 the parties have briefed their positions, 6 exchanged fact sheets 7 and jointly...
ORDER ADOPTING REPORT AND RECOMMENDATION DONALD C. NUGENT , District Judge . This matter comes before the Court upon the Report and Recommendation of Magistrate Judge William H. Baughman, Jr. The Report and Recommendation (ECF #15) is hereby ADOPTED. Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 on February 6, 2019 challenging the constitutionality of his guilty plea and sentences. The Petition alleges six grounds for relief centered around allegations...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , District Judge . This matter comes before the Court upon Defendant, Eugene Wilson's Motion to Reduce Sentence Under Section 404 of the First Step Act of 2018. (ECF # 168). The government filed a Response in Opposition to the motion, and Defendant filed a Reply. (ECF #170, 171). The matter is now ready for consideration. In September of 1992, following a jury trial, Mr. Wilson was sentenced to a total of 562 months broken out as follows: 262...
MEMORANDUM OF OPINION AND ORDER JOHN R. ADAMS , District Judge . Currently pending before this Court is Plaintiff Kim Kanagy's ("Kanagy") Motion for Leave to Amend the Complaint pursuant to Federal Rule of Civil Procedure 15(a)(2). (Mot. to Am. Compl., ECF No. 14.) Defendants Midlands Millroom Supply, Inc. ("Millroom"), Midlands Technologies, Inc. ("Technologies"), Fred E. Clark ("Clark"), and Jerome Lesnick ("Lesnick") (collectively "Defendants") timely filed an opposition to Kanagy's...
MEMORANDUM OF OPINION AND ORDER [Resolving ECF Nos. 120 and 121 ] BENITA Y. PEARSON , District Judge . Pending in this putative class action asserting a pre-enforcement challenge to the constitutionality of Canton Ordinance 505.14, its animal-limit Ordinance, is Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction ( ECF No. 120 ). For the reasons set forth in Section I below, the motion is granted. Also pending is Defendants' Motion for Sanctions ( ECF No. 121 )....
MEMORANDUM OPINION AND ORDER JAMES R. KNEPP, II , Magistrate Judge . INTRODUCTION As Kenny Rogers famously sang: "You got to know when to hold `em, know when to fold `em, Know when to walk away and know when to run.'' KENNY ROGERS, The Gambler, on THE GAMBLER (United Artists 1978). "His advice applies also to litigation—you `got to know when to hold `em' by pressing on with a lawsuit, `know when to fold `em' by taking the best settlement you think you can get, and know `when to walk...
MEMORANDUM OF OPINION AND ORDER [Resolving ECF No. 3 ] BENITA Y. PEARSON , District Judge . Pending is Realigned Plaintiff Ohio Bureau of Workers' Compensation's ("OBWC") Motion to Remand ( ECF No. 3 ) pursuant to 28 U.S.C. 1447(c) , filed on December 5, 2019. The Court has been advised, having reviewed the record, the parties' briefs, and the applicable law. For the reasons provided below, the Court denies the motion. I. Factual and Procedural Background On or about February 13,...
MEMORANDUM OPINION AND ORDER HONORABLE SARA LIOI , UNITED STATES DISTRICT JUDGE . Before the Court is the motion for summary judgment of defendant, Lowe's Home Centers, LLC ("Lowe's" or "defendant"). (Doc. No. 23, Motion ["Mot."].) Plaintiffs, Krystal Mosholder ("Krystal") and her husband Daniel Mosholder ("Daniel") (collectively the "Mosholders" or "plaintiffs"), filed a response in opposition (Doc. No. 25, Opposition ["Opp'n"]) and defendant replied. (Doc. No. 26, Reply ["Reply"].)...
MEMORANDUM OPINION AND ORDER JEFFREY J. HELMICK , District Judge . Before me is the Report and Recommendation ("R & R") of Magistrate Judge Jonathan D. Greenberg filed on October 16, 2019. (Doc. No. 26). Under the relevant statute: Within [fourteen (14)] days after being served a copy of these proposed Findings and Recommendation, any party who wishes to object must file and serve written objections or further appeal is waived. United States v. Campbell, 261 F.3d 628 , 631-32 (6th Cir....
MEMORANDUM OPINION AND ORDER SARA LIOI , District Judge . Before the Court is the motion to dismiss for improper venue or, alternatively, to transfer venue filed by defendant Aircraft Service International, Inc. ("Aircraft Service"). (Doc. No. 5 ["Mot."].) Plaintiff William B. Larion ("Larion") filed a brief in opposition (Doc. No. 8 ["Opp'n"]) and Aircraft Service filed a reply (Doc. No. 11 ["Reply"]). For the reasons set forth herein, the motion to dismiss is denied and the motion to...
MEMORANDUM OF OPINION & ORDER JONATHAN D. GREENBERG , Magistrate Judge . This matter is before the Court on the parties' pending discovery disputes. ( See Doc. No. 44.) I. Factual Background This case was before the Court in the fall for resolution of discovery disputes pending at that time. (Doc. No. 38.) On November 12, 2019, the parties resolved their pending discovery disputes during a joint meet and confer and discovery conference. (Doc. No. 43.) That same day, the Court extended...
MEMORANDUM OF OPINION AND ORDER BENITA Y. PEARSON , District Judge . An Administrative Law Judge ("ALJ") denied Plaintiff Don Elvis Wright's request for retroactive award 1 of surviving divorced spouse's benefits. The claimant sought judicial review of the Commissioner's decision, and the case was automatically referred to Magistrate Judge William H. Baughman, Jr. for preparation of a report and recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.2(b)(1) . On December 23,...
