MEMORANDUM OPINION SARA LIOI, District Judge. Petitioner, John Drummond ("Drummond" or "Petitioner"), has filed an Amended Petition for Writ of Habeas Corpus ("Amended Petition") pursuant to 28 U.S.C. 2254. (ECF No. 45.) He challenges his convictions by a Mahoning County jury and the sentence of death recommended by the jury and adopted by the judge. In addition to reviewing Drummond's petition, the Court has reviewed the Return of Writ 1 (ECF No. 49) filed by Respondent, Mark Houk ("...
OPINION & ORDER [Resolving Doc. No. 28] JAMES S. GWIN, District Judge: In this contract dispute, Plaintiff and Counter-Defendant Jewell Coke Company ("Jewell") moves the Court to dismiss the counter-claim filed by the Defendant and Counter-Claimant, ArcelorMittal USA, Inc. ("ArcelorMittal USA") under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. [Doc. 28-1.] ArcelorMittal USA opposes the motion. [Doc. 94.] Jewell has replied. [Doc. 114....
MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION This is an insurance coverage dispute. The parties filed cross Motions for Summary Judgment, fully briefed (Doc. Nos. 34, 36, 39-40), along with Stipulated Facts and Exhibits (Doc. No. 29), after which a record hearing was held (Doc. No. 47). The insured seeks coverage for an underlying lawsuit pending in state court; the insurer has denied coverage based upon an exclusion in the insurance policy. BACKGROUND Virginia...
MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION Plaintiff Rebecca Schmersal brought this action against Pamela Major, former University of Toledo Medical Center ("UTMC") Nursing Director, in her individual capacity, and Connie Rubin, the UTMC Labor Relations Director and "appointing authority," in her official capacity (Doc. Nos. 1 and 8). Plaintiff alleges Defendants violated her First Amendment free speech rights and retaliated against her for speaking out on...
SENTENCING MEMORANDUM JAMES S. GWIN, District Judge: With this sentencing opinion, the Court seeks to provide a thorough explanation of its sentence of Defendant Samuel R. Ciccolini. I. Factual Findings This case presents the Court with a very unusual set of facts. On July 13, 2010, the United States filed an information charging Defendant Samuel Ciccolini with one count of structuring bank transactions to evade reporting requirements in violation of 31 U.S.C. 5324(a)(3) and one count of...
MEMORANDUM OPINION AND ORDER DAVID D. DOWD, JR., District Judge. In this case, plaintiff Rayco Manufacturing, Inc. (Rayco) and intervening plaintiff, Fecon, Inc. (Fecon), claim that the Deutz defendants' engines in equipment that they designed, manufactured and/or sold for use in the tree and landscape industry, failed when used for that purpose. Plaintiff and intervening plaintiff (collectively, plaintiffs) allege in their separate complaints that these engine failures constitute a breach...
OPINION & ORDER JAMES S. GWIN, District Judge. In this Natural Gas Act condemnation case, Plaintiff Columbia Gas Transmission, LLC moves for partial summary judgment on the issue of its right to condemn the Defendants' property. [Doc. 113.] For the following reasons, this Court GRANTS IN PART and DENIES IN PART the Plaintiff's motion. I. Background Columbia Gas, an interstate natural gas company, brings this action against the owners of land parcels in Richland County, Ohio (Ava...
MEMORANDUM OPINION SARA LIOI, District Judge. Plaintiff Patricia McBroom ("Plaintiff" or "McBroom") filed the present employment action against Defendant Barnes & Noble Booksellers, Inc. ("Defendant" or "Barnes & Noble"), claiming that Defendant discharged her in retaliation for her participation in protected activity, in violation of federal and Ohio statutory law. Pursuant to Fed.R.Civ.P. 56(c), Defendant seeks summary dismissal of Plaintiff's First Amended Complaint. (Doc. No. 23.)...
MEMORANDUM OPINION AND ORDER SARA LIOI, District Judge. Before the Court is the motion for summary judgment (Doc. No. 239) of defendant Thomasville Furniture, Inc. ("Thomasville"). Plaintiff JGR, Inc. ("JGR") filed its brief in opposition (Doc. No. 240) and Thomasville filed a reply (Doc. No. 241). With leave, JGR filed a sur-reply (Doc. No. 245) and Thomasville filed an additional reply (Doc. No. 246). After the undersigned received this case from the docket of Judge Ann Aldrich, the...
MEMORANDUM & ORDER KATHLEEN McDONALD O'MALLEY, District Judge. Before the Court is Defendants' Motion to Dismiss Plaintiff's Complaint. (Doc. 6.) This Motion has been fully briefed and is ripe for adjudication. For the reasons set forth below, Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. The Motion is granted as to the class claim under the Ohio Consumer Sales Practice Act, O.R.C. 1345.01, et seq. ("OCSPA"), and as to Count IV. The Court denies the...
MEMORANDUM AND ORDER KATHLEEN M. O'MALLEY, District Judge. Before the Court is the Report and Recommendation (R & R) of Magistrate Judge Kenneth S. McHargh ("Judge McHargh"). (Doc. 113.) In his R & R, Judge McHargh considers the Defendants' Motions for Summary Judgment (Docs. 69-72), as well as the Plaintiffs' Motion to Exclude the Defendants' Expert Testimony (Doc. 64). He recommends that this Court grant in part and deny in part the Defendants' motions. The Plaintiffs have filed a timely...
MEMORANDUM & ORDER KATHLEEN McDONALD O'MALLEY, District Judge. Before the Court is Defendants' Motion for Summary Judgment and for Dismissal of State Law Claims. (Doc. 26.) This Motion is GRANTED IN PART AND DENIED IN PART. As explained more fully below, the Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as to Defendant Tim Thompson, GRANTED as to Robert Gonzales, and GRANTED as to the City of Eastlake (the "City"). The Defendants' Motion for...
MEMORANDUM & ORDER KATHLEEN McDONALD O'MALLEY, District Judge. Before the Court is Defendants' Motion for Partial Dismissal of Plaintiffs' Amended Complaint (Doc. 10). This motion has been fully briefed and is ripe for adjudication. For the reasons articulated below, Defendants' Motion is GRANTED in part and DENIED in part. I. BACKGROUND A. Factual Background 1 1. The Parties Plaintiff V. Erika Smith, Ph.D. ("Smith") is an African American female formerly employed by...
MEMORANDUM OPINION DONALD C. NUGENT, District Judge. This matter is before the Court on Defendant's Motion to Dismiss the Bilateral Class Action Complaint pursuant to Fed. R.Civ.P. 12(b)(6). (ECF #11). For the reasons that follow, Defendant's Motion is granted. PROCEDURAL AND FACTUAL BACKGROUND Plaintiffs Stephen Patterson and Hyatt Rhine bring this "bilateral class action complaint" against Defendant Rite Aid Hdgqtrs. Corp. 1 ("Rite Aid") on behalf of themselves and all others similarly...
OPINION & ORDER [Resolving Doc. No. 11] JAMES S. GWIN, District Judge. In this contract dispute, the Defendant Jewell Coke Company, L.P. ("Jewell") moves the Court to dismiss this action under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. [Doc. 11-1.] The Plaintiffs, ArcelorMittal Cleveland Inc. and ArcelorMittal Indiana Harbor LLC (collectively "ArcelorMittal") oppose the motion. [Doc. 23.] Jewell has replied. [Doc. 30.] For the...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT, District Judge. This matter is before the Court on the Motion to Dismiss and for Partial Summary Judgment by Defendants Howard Hanna Company and Home Security of America, Inc. The motion is directed at Claims One and Two of the Class Action Complaint filed by Plaintiffs Rita Noall and Cindy Miller, in Case No.: 09 CV 2510. (ECF #8). Defendants also filed a Motion for Judgment on the Pleadings directed at Plaintiffs Patrick Cantlin and Elizabeth...
MEMORANDUM OF OPINION AND ORDER [Resolving Doc. Nos. 98, 158, 164, 167] JOHN R. ADAMS, District Judge. Three motions for summary judgment in this sexual discrimination lawsuit are now pending before the Court: (1) The Motion of Defendant United Food and Commercial Workers' International Union ("International") for Summary Judgment (Doc. No. 98); (2) the Motion for Summary Judgment of Defendants United Food and Commercial Workers' Union Local 17-A ("Local 17-A") and Howard Barnes in His...
ORDER JAMES G. CARR, District Judge. This is a civil rights case in which plaintiff, EJS Properties, LLC (EJS) raised claims under 42 U.S.C. 1983 and Ohio state law against defendants City of Toledo (the City), and former Toledo City Councilman Robert McCloskey. Jurisdiction is proper under 28 U.S.C. 1331 and 1367. Pending is EJS' substitute motion for reconsideration [Doc. 347] of my August 27, 2009, Order [Doc. 336]. For the following reasons, EJS' motion shall be denied....
OPINION & ORDER JAMES S. GWIN, District Judge. Defendants Countrywide Home Loans, Inc. ("Countrywide") and Bank of America Corporation ("BAC") move the Court pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiffs Joseph and Nermine Girgis's Complaint in this putative class action alleging unlawful lending practices. [Doc. 12. ] The Plaintiffs have responded. [Doc. 18. ] For the following reasons, this Court GRANTS IN PART and DENIES IN PART the Defendants' motion to...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT, District Judge. This matter is before the Court on Defendant's Motion For Summary Judgment of Non-liability for any Infringement of U.S. Patent No. Re 38,874 Or, In the Alternative, That Plaintiffs Are Not Entitled to an Injunction. (ECF #70, 71). Plaintiffs filed a Memorandum in Opposition (ECF #86, filed under seal), and Defendant filed a Reply in support of its motion. (ECF #102, filed under seal). Having reviewed the parties submissions, and...
