REPORT AND RECOMMENDATION VERNELIS K. ARMSTRONG, Magistrate Judge. I. INTRODUCTION This case was referred to the undersigned Magistrate Judge for Report and Recommendation pursuant to Local Rule 72.2(b)(2). Plaintiff Rita R. Brogan ("Plaintiff") seeks judicial review pursuant to 42 U.S.C. 405(g) of Defendant Commissioner's ("Defendant") final determination denying her claim for Social Security Income ("SSI") under Title XVI of the Social Security Act (the Act), 42 U.S.C. 1381, et. seq....
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE KENNETH S. McHARGH, Magistrate Judge. Pursuant to General Order 99-49, this matter having been referred to United States Magistrate Judge Kenneth S. McHargh for purposes for 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 presentence investigation, and...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE KENNETH S. McHARGH, Magistrate Judge. Pursuant to General Order 99-49, this matter having been referred to United States Magistrate Judge Kenneth S. McHargh for purposes for 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 presentence investigation, and...
MEMORANDUM OPINION AND ORDER OF PRELIMINARY INJUNCTION 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 #90), submitted on October 31, 2014, recommends that Plaintiff's Motion for a Preliminary Injunction (ECF #21) be granted in part as agreed to by Defendant Kutka except for the demand that Mr. Kutka by enjoined from continuing his employment at PolyMax....
REPORT & RECOMMENDATION KENNETH S. McHARGH, Magistrate Judge. This case is before the Magistrate Judge pursuant to Local Rule 72.2(b). The issue before the undersigned is whether the final decision of the Commissioner of Social Security ("Commissioner") denying Plaintiff Luis T.J. Leal's ("Plaintiff" or "Leal") application for Supplemental Security Income benefits under Title XVI of the Social Security Act, 42 U.S.C. 1381 et seq, is supported by substantial evidence and, therefore,...
REPORT AND RECOMMENDATION KATHLEEN B. BURKE, Magistrate Judge. This case is before the undersigned United States Magistrate Judge pursuant to a referral under Local Rule 72.2. Plaintiff Randall David Milligan ("Plaintiff" or "Milligan") acting pro se seeks judicial review of a final decision of Defendant Commissioner of Social Security ("Commissioner") which he asserts adversely affects him in whole or in part. Doc. 1. As discussed below, Plaintiff has failed to prosecute this action....
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE KENNETH S. McHARGH, Magistrate Judge. Pursuant to General Order 99-49, this matter having been referred to United States Magistrate Judge Kenneth S. McHargh for purposes for 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 presentence investigation, and...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE KENNETH S. McHARGH, Magistrate Judge. Pursuant to General Order 99-49, this matter having been referred to United States Magistrate Judge Kenneth S. McHargh for purposes for 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 presentence investigation, and...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE KENNETH S. McHARGH, Magistrate Judge. Pursuant to General Order 99-49, this matter having been referred to United States Magistrate Judge Kenneth S. McHargh for purposes for 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 presentence investigation, and...
ORDER JAMES G. CARR, Sr., 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....
MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION Plaintiff Midland National Life Insurance Company issued a half-million dollar life insurance policy (the "Policy") to John Christopher Gavin in August 2011. His wife Tammy and children John and Kara (the Defendants) are the listed beneficiaries. In October 2012, Gavin died at the age of 53 from a sudden cardiac incident due to hypertension and hyperlipidemia. Midland filed this declaratory judgment action, asking this...
OPINION AND ORDER SARA LIOI , District Judge . Plaintiff Marc Pearson ("plaintiff" or "Pearson") brought this action under the Employee Retirement Income Security Act ("ERISA") against defendant FirstEnergy Corp. Pension Plan ("the Plan") and defendant FirstEnergy Corp. Retirement Board, Plan Administrator ("the Plan Fiduciary"), asserting that he was improperly denied pension benefits. In his complaint, plaintiff raises three claims: (1) a denial of benefits claim, under 29 U.S.C. 1132;...
MEMORANDU OF OPINION AND ORDER [Resolving ECF No. 26] BENITA Y. PEARSON, District Judge. Pending before the Court is a Motion for Summary Judgment filed by Defendants City of Warren, Warren City Counsel, and Councilmen Bob Dean, Eddie Colbert, and Vincent Flask. ECF No. 26. The Court has been advised, having reviewed the record, including the parties' briefs and the applicable law. For the reasons provided below, the Court hereby grants Defendants' Motion for Summary Judgment. I....
OPINION AND ORDER SARA LIOI, District Judge. Before the Court is a motion to vacate, set aside, or correct sentence filed by pro se petitioner Rolando Sepulveda ("petitioner" or "Sepulveda") pursuant to 28 U.S.C. 2255. (Doc. No. 30 ["Mot."]). 1 Respondent United States of America ("government") opposes the motion (Doc. No. 37 ["Opp."]), and petitioner has filed a reply (Doc. No. 38 ["Reply"]). Petitioner has also filed a string of ancillary motions to which no response was filed. (Doc....
MEMORANDUM OPINION AND ORDER JAMES R. KNEPP, II, Magistrate Judge. INTRODUCTION Plaintiff Malco Real Estate, Inc. brings this action on behalf of itself and all others similarly situated to recover sums paid to Defendant the City of Toledo ("the City") as the result of a water bill, which was not properly certified as a lien against the real estate at issue in this matter; and to enjoin the City and John Tharp, Sheriff of Lucas County ("Sheriff") from continuing to treat unpaid utility bills...
ORDER JAMES G. CARR, Sr., 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....
ORDER JAMES G. CARR, Sr., 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....
ORDER JAMES G. CARR, Sr., 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....
ORDER JAMES G. CARR, Sr., District Judge. This is a criminal case which was referred to United States Magistrate Judge Vernelis K. Armstrong for the taking, on consent of the parties, of a plea of guilty. The Magistrate Judge has filed her Report & Recommendation; no objection has been filed. I have read the transcript and reviewed the Magistrate Judge's Report & Recommendation, and find that in her careful and thorough proceeding, the Magistrate Judge satisfied all requirements of Fed. R....
MEMORANDUM OPINION SARA LIOI, District Judge. Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. (Doc. No. 16 ["R&R"].) In the R&R, the Magistrate Judge recommends that the Court reverse the decision of the Commissioner of Social Security and remand the matter for further proceedings. On December 8, 2014, the Commissioner filed a response in which she advised the Court that she would not be filing objections to the R&R. (Doc. No. 16.) The...