OPINION AND ORDER CHRISTOPHER A. BOYKO, District Judge. This matter comes before the Court upon Defendant Sciacchetano's Motion to Dismiss (ECF DKT #47) for Lack of Personal Jurisdiction. For the following reasons, Defendant's Motion to Dismiss is denied, as the exercise of personal jurisdiction over Defendant is proper in this Court. I. Facts Defendant Sciacchetano is, and has been at all relevant times, a citizen and resident of the State of New Jersey. OnX is a limited liability...
MEMORANDUM OF OPINION AND ORDER [Regarding ECF No. 81 ] BENITA Y. PEARSON, District Judge. This matter is before the Court upon pro se Plaintiff Sheila Lawson's Motion for Reconsideration ( ECF No. 81 ) of the Court's Order ( ECF No. 67 ) granting Defendant Youngstown Municipal Court's ("YMC") unopposed Motion to Dismiss Party ( ECF No. 66 ). The Court grants Plaintiff's motion ( ECF No. 81 ) but, after additional consideration, concludes that the ruling remains unchanged for the reasons...
OPINION AND ORDER CHRISTOPHER A. BOYKO, District Judge. This matter comes before the Court upon Defendants' Motion for Summary Judgment (Doc. No. 72) and Plaintiffs' Motion for Summary Judgment (Doc. No. 73 corrected 76). For the reasons set forth below, the Court denies Defendants' Motion for Summary Judgment, in part, and grants in part, and denies, in part, Plaintiffs' Motion for Summary Judgment. I. BACKGROUND Procedural Background This is a patent infringement case brought by...
MEMORANDUM OF OPINION AND ORDER [Resolving ECF No. 25 ] BENITA Y. PEARSON, District Judge. This matter is before the Court upon the Motion for Summary Judgment filed by Defendants CGI Technologies and Solutions, and CGI Federal, Inc. ("Defendants"). ECF No. 25. Plaintiffs Josephine Green ("Green") and Charlotte Camp ("Camp") (collectively "Plaintiffs") responded ( ECF No. 26 ), and Defendants replied ( ECF No. 29 ). Having considered these pleadings and the applicable law, the Court...
ORDER JAMES G. CARR, Senior District Judge. This is a Family and Medical Leave Act (FMLA) case in which plaintiff, Joanne E. Horen, claims defendant, Judge Stacy Cook, terminated her employment because Horen exercised her right to take FMLA leave to care for her child. 1 Pending is Judge Cook's motion for summary judgment (Doc. 47). For the reasons that follow, I grant the motion. Jurisdiction exists under 28 U.S.C. 1331. Background Horen began working for the Lucas County Court of...
JUDGMENT ENTRY GRANTING COMBINED MOTION OF PLAINTIFF CITIZENS BANK, SUCCESSOR IN INTEREST BY MERGER TO REPUBLIC BANK, f/k/a REPUBLIC SAVINGS BANK FOR (I) DEFAULT JUDGMENT AGAINST DEFENDANT LEYLAND INVESTMENT CO., LLC; (II) SUMMARY JUDGMENT AGAINST DEFENDANTS AQUA MANAGEMENT GROUP, INC. DBA HOOK, LINE & DRINKERS AND SUMMIT COUNTY FISCAL OFFICER; AND DECREE OF FORECLOSURE JOHN R. ADAMS, District Judge. This cause was submitted to the Court on the Combined Motion of Plaintiff Citizens Bank,...
Memorandum of Opinion and Order PATRICIA A. GAUGHAN, District Judge. INTRODUCTION This matter is before the Court upon the Report and Recommendation of Bankruptcy Judge Marilyn Shea-Stonum Recommending that the Court Deny Textron's Motion to Dismiss (Doc. 60). Also before the Court is the Report and Recommendation of Bankruptcy Judge Marilyn Shea-Stonum Recommending that the Court Deny Fortress' Motion to Dismiss (Doc. 61). Defendants filed objections to the respective Report and...
OPINION AND ORDER CHRISTOPHER A. BOYKO, District Judge. This matter comes before the Court on Defendants City of Rocky River ("Rocky River"), Donald Wagner ("Wagner"), Carl Gulas ("Gulas"), Andrew Bemer ("Bemer") and Michael O'Shea ("O'Shea") collective Motion to Dismiss Plaintiffs' Refiled Complaint pursuant to Fed.R.Civ.P. 12(b)(6) (Doc. 3). The Magistrate Judge recommends the Defendants' Motion be granted, in part, and denied, in part, as follows. 1. GRANTED as to Count One, alleging a...
MEMORANDUM OF OPINION AND ORDER DAN AARON POLSTER, District Judge. Before the Court is Defendant's Motion to Dismiss ("Motion") ( Doc #: 7 ). The Court has reviewed the motion, the opposition brief (Doc #: 19), and the reply brief (Doc #: 22). For the following reasons, the Motion is GRANTED in part and DENIED in part. I. Background On October 24, 2008, Plaintiffs Laneeka White and Timothy Reese bought a car from Cresmont Chrsyler Jeep in Beachwood, Ohio. To finance the car, they...
MEMORANDUM OF OPINION AND ORDER (Resolving ECF Nos. 37, 38, and 42 ) BENITA Y. PEARSON, District Judge. I. Background.....................................................................964 A. The Burglary...............................................................964 B. The Investigation of Plaintiff.............................................965 1. The Photo Line-Up......................................................965 2. The Arrest Warrant.......................................
OPINION AND ORDER CHRISTOPHER A. BOYKO, District Judge. This matter is before the Court on Defendant's Motion for Summary Judgment as to Plaintiff's claims regarding an alleged loan modification and Defendant's Counterclaim for Mortgage Foreclosure (ECF#30). For the following reasons, the Court grants Defendant's Motion for Summary Judgment on all of Plaintiff's claims and Defendant's Counterclaim, as there is no genuine issue of material fact for trial and Defendant is entitled to judgment...
MEMORANDUM OPINION DOWD, District Judge. I. INTRODUCTION Plaintiffs, MDC Acquisition Co. ("MDC") and GRH Enterprises, Inc. ("GRH") (collectively, "Plaintiffs"), brought this declaratory relief action seeking a declaration that defendant Travelers' Property Casualty Company of America ("Travelers" or "Defendant"), has a duty to defend and indemnify Plaintiffs in a putative class action law suit filed in California. Now before the Court is the motion for summary judgment filed by Travelers'...
MEMORANDUM OPINION KATZ, District Judge. Plaintiff Erna Bramberger ("Plaintiff"), as personal representative of the estate of the deceased Johann Bramberger ("Mr. Bramberger"), brings this medical malpractice and wrongful death action pursuant to the Federal Tort Claims Act ("FTCA") and state law. Plaintiff seeks damages for Defendants' alleged failure to diagnose Mr. Bramberger's fatal lung cancer until five years after a chest x-ray revealed a nodule in his left lung. The matter is...
MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION Nearly four years ago, Defendant Chan Ho Shin pled guilty in this Court to four counts of filing false tax returns in violation of federal law (Doc. 5). He was sentenced to probation. At that time, Shin was aware his conviction could lead to deportation from the United States; however, he believed he stood a good chance of evading removal proceedings. As it turns out, immigration officials deemed Shin's crime to be an "...
APPLICATION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) McHARGH, Magistrate Judge. I. INTRODUCTION Plaintiff hereby applies for attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(a), (d). The EAJA allows fees and other expenses to a party prevailing against the government in litigation, if that party files a timely application and meets a net-worth requirement. The agency can avoid an award if it shows that the position of the United...
MEMORANDUM OPINION SARA LIOI, District Judge. Before the Court are fully briefed cross-motions for summary judgment. 1 For the reasons set forth herein, defendant's motion (Doc. No. 17 2 ) is GRANTED; plaintiff's motion (Doc. No. 19 3 ) is DENIED. I. BACKGROUND Plaintiff Chauffeurs, Teamsters, Warehousemen & Helpers, Local Union No. 377 ("plaintiff" or "Local 377") is a labor organization affiliated with the International Brotherhood of Teamsters ("Teamsters"). Local 377 was the...
OPINION & ORDER [Resolving Doc. No. 25 ] JAMES S. GWIN, District Judge. In this case, Defendant The Ohio Bell Telephone Company fired Plaintiff Jason W. Koren after Koren missed work for his father's funeral. Koren (who suspects Ohio Bell really fired him because he's homosexual and took his husband's last name) now brings gender-discrimination and disability-discrimination claims against Ohio Bell. Ohio Bell has moved for summary judgment, [ Doc. 25 ], and Koren has filed an opposition to...
MEMORANDUM OPINION & ORDER SARA LIOI, District Judge. Before the Court is a motion for summary judgment filed by defendant Federal Express Corp. ("defendant" or "Federal Express"). (Doc. No. 37.) Plaintiff Georgiann Bare ("plaintiff" or "Bare") has filed a brief in opposition (Doc. No. 44), to which defendant has replied. (Doc. No. 45.) Also before the Court is plaintiff's motion to amend the complaint and defendant's opposition thereto. (Doc. Nos. 60, 66.) 1 For the reasons that follow,...
ORDER JAMES G. CARR, District Judge. This is a criminal case which was referred to United States Magistrate Judge James R. Knepp II for the taking, on consent of the parties, of a plea of guilty. The Magistrate Judge has filed his Report & Recommendation; no objection has been filed. I have read the transcript and reviewed the Magistrate Judge's Report & Recommendation, and find that in his careful and thorough proceeding, the Magistrate Judge satisfied all requirements of Fed. R. Crim. P....
Report & Recommendation JAMES R. KNEPP, II, Magistrate Judge. Pursuant to General Order 99-49, this matter having been referred to United States Magistrate Judge Knepp for purposes of receiving, on consent of the parties, the defendant's offer of a plea of guilty, conducting the colloquy prescribed by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared, referring the matter, if appropriate, for pre-sentence investigation, and submitting a Magistrate Judge's Report...
