REPORT & RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . I. Introduction On September 5, 2018, the court referred plaintiffs' motion to enforce settlement (ECF Docs. 22) to the undersigned for report and recommendation. The matter was scheduled for a hearing on November 15, 2018. ECF Doc. 36. However, the hearing did not go forward because Defendant Stephen Townzen died unexpectedly on Saturday, November 10, 2018. ECF Doc. 40-1 at Page ID# 232. Plaintiffs' counsel appeared for the...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JONATHAN D. GREENBERG , Magistrate Judge . Pursuant to General Order 99-49, this matter was been referred to the undersigned United States Magistrate Judge for the purpose of receiving, after consent, the Defendant's plea of guilty. The following, along with the transcript or other record of the proceedings submitted herewith, constitutes this Court's Report and Recommendation concerning the Defendant's plea of guilty: 1. On December 26, 2018,...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JONATHAN D. GREENBERG , Magistrate Judge . Pursuant to General Order 99-49, this matter was been referred to the undersigned United States Magistrate Judge for the purpose of receiving, after consent, the Defendant's plea of guilty. The following, along with the transcript or other record of the proceedings submitted herewith, constitutes this Court's Report and Recommendation concerning the Defendant's plea of guilty: 1. On December 31, 2018,...
REPORT & RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . I. Introduction Currently before the court is the petition of Michael Jackson, Ohio Inmate #648-516, for a writ of habeas corpus under 28 U.S.C. 2254. 1 Respondent filed a motion to dismiss the petition as untimely. 2 The matter was automatically referred to the undersigned for report and recommendation on May 2, 2018. On May 24, 2010, Jackson entered a no contest plea to one count of possession of crack cocaine with a...
REPORT AND RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . Judge Christopher A. Boyko referred this matter to the undersigned, pursuant to General Order 99-49, 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 submitting a Magistrate Judge's...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE GEORGE J. LIMBERT , Magistrate Judge . Pursuant to General Order 99-49, this case was referred on November 28, 2018, to United States Magistrate Judge George J. Limbert for the purposes of receiving, on consent of the parties, Defendant Robert Shue's proffer 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, conducting a presentence investigation, and...
MEMORANDUM OPINION AND ORDER SARA LIOI , District Judge . Before the Court is defendant's motion for summary judgment. (Doc. No. 50/51 ["Mot"].) Plaintiff has filed his opposition (Doc. No. 58 ["Opp'n"]) and defendant has filed a reply (Doc. No. 59 ["Reply"]). For the reasons set forth herein, the motion is granted. I. BACKGROUND Plaintiff Walter J. Queen ("Queen") filed a complaint (which was amended) against defendant Hunter's Manufacturing Company, Inc., d/b/a TenPoint Crossbow...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , District Judge . This matter is before the Court on the Named Plaintiff's Motion for Conditional Certification of a collective action. (ECF #27). Defendant opposes the motion. (ECF #31). Plaintiff filed a Reply brief, and Defendant filed a Sur-Reply in defense of its opposition to the request. (ECF #52, 57). For the reasons that follow, Plaintiff's Motion is GRANTED. I. PROCEDURAL AND FACTUAL BACKGROUND The Named Plaintiff, Eric Roby,...
MEMORANDUM OF OPINION AND ORDER CHRISTOPHER A. BOYKO , District Judge . This matter is before the Court on Magistrate Judge Ruiz's Report and Recommendation (ECF DKT #10) to grant Respondent LaShann Eppinger's Motion to Dismiss (ECF DKT #8) and dismiss Petitioner Marcel Morales's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (ECF DKT #1) as time-barred. Objections to the Report and Recommendation were due by December 11, 2018. Petitioner has not filed an objection to...
INTERIM REPORT & RECOMMENDATION KATHLEEN B. BURKE , Magistrate Judge . On October 29, 2018, Plaintiff Tushana Jacobs filed a Complaint against Defendant Commissioner of Social Security. Doc. 1. On the same day, Plaintiff filed an Application to Proceed Without Prepayment of Fees and Affidavit ("IFP Application"). Doc. 2. On November 6, 2018, the undersigned found that Plaintiff's IFP Application was incomplete or not fully explained and ordered Plaintiff to submit a supplemental or...
INTERIM REPORT & RECOMMENDATION KATHLEEN B. BURKE , Magistrate Judge . Petitioner Bohannon R. Miller ("Petitioner" or "Miller") brings this habeas corpus action pursuant to 28 U.S.C. 2254. Doc. 1. Miller is detained at the Toledo Correctional Institution, having been convicted by a Lorain County, Ohio, Court of Common Pleas jury of eleven counts, including murder, aggravated murder, felonious assault, tampering with evidence, and having weapons under a disability. Doc. 9-1, pp. 4-9, 12....
MEMORANDUM OPINION DONALD C. NUGENT , District Judge . This matter is before the Court on the Notice of Appeal from a decision of the U.S. Bankruptcy Court filed by Plaintiffs-Appellants, Thomas P. Surrarrer and Sharon C. Surrarrer. The Surrarrers appeal the Bankruptcy Court's decision dismissing their Adversary Complaint in Bankruptcy Court Case No. 17-01144. On October 22, 2018, this case was referred to Magistrate Judge Thomas M. Parker for a Report and Recommendation on all of the...
ORDER ADOPTING REPORT AND RECOMMENDATION DONALD C. NUGENT , District Judge . This matter comes before the Court upon the Report and Recommendation of Magistrate Judge Kathleen B. Burke (ECF #14). On January 29, 2018, Plaintiff, William Ridley, filed his Complaint (ECF #1) challenging the final decision of the Commissioner of Social Security Administration denying his claim for Supplemental Security Income ("SSI"). Pursuant to Local Rule 72.2(b), the case was referred to Magistrate Judge...
MEMORANDUM OPINION DONALD C. NUGENT , District Judge . This matter comes before the Court upon the Report and Recommendation of Magistrate Judge David A. Ruiz. The Report and Recommendation (ECF #10), submitted on November 5, 2018, is hereby ADOPTED by this Court. As such, Petitioner's 28 U.S.C. 2254 habeas corpus petition (ECF # 1) is DENIED. Procedural and Factual Background This case arises from Mr. Vinson's 2006 conviction in the Lake County, Ohio, Court of Common Pleas, for...
MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , District Judge . This matter is before the Court upon the Report and Recommendation of Magistrate Judge Kathleen Burke. (Docket #18.) On December 29, 2017, Plaintiff, Sharon Denise Lee, filed her Complaint (Docket #1) challenging the final decision of the Commissioner of Social Security denying her applications for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB"). Pursuant to Local Rule 72.2, the case was...
MEMORANDUM OPINION DONALD C. NUGENT , District Judge . This matter comes before the Court upon the Report and Recommendation of Magistrate Judge Thomas M. Parker. (ECF #19). On December 8, 2017, Plaintiff Alex Mubarac filed his Complaint (ECF #1) challenging the final decision of the Commissioner of Social Security denying his application for disability insurance benefits under Title II of the Social Security Act. In his Report and Recommendation Magistrate Judge Parker found that the...
MEMORANDUM OPINION SARA LIOI , District Judge . Before the Court is plaintiff Dumitru Vasu's motion to remand. (Doc. No. 6 ["Mot."].) Defendant Combi Packaging Systems LLC filed its opposition (Doc. No. 8 ["Opp'n"]) and plaintiff filed a reply (Doc. No. 11 ["Reply"]). For the reasons discussed herein, plaintiff's motion for remand is DENIED. I. BACKGROUND Defendant Combi Packaging Systems LLC ("Combi") entered into a contract with American United Life Insurance Company ("AUL"), whereby,...
MEMORANDUM OPINION SARA LIOI , District Judge . Before the Court is defendant Fibercorr Mills, LLC's motion for summary judgment (Doc. No. 43 ["Mot."]). Plaintiff filed his opposition (Doc. No. 45 ["Opp'n"]) and defendant filed a reply (Doc. No. 46 ["Reply"]). For the reasons discussed herein, defendant's motion for summary judgment is GRANTED. I. BACKGROUND Plaintiff Glenn E. Glover ("Glover" or "plaintiff") is an employee of Fibercorr Mills, LLC ("Fibercorr" or "defendant"). (Doc. No....
MEMORANDUM OPINION SARA LIOI , District Judge . Currently pending in this condemnation case concerning the property owned by defendants Roger and Rita Dush (the "landowners") are two motions in limine filed by plaintiff Rover Pipeline, LLC ("Rover"): (1) motion to exclude the expert report and opinion testimony of Barry Cavanna ("Cavanna") (Doc. No. 755 ["Exp. Mot."]); and (2) motion to exclude the testimony of Rita Dush (Doc. No. 756 ["R. Dush Mot."].) The motions are fully briefed. (Doc....
MEMORANDUM OF OPINION AND ORDER THOMAS M. PARKER , Magistrate Judge . I. Introduction Plaintiff, Craig Egler, seeks judicial review of the final decision of the Commissioner of Social Security denying his application for Supplemental Security Income benefits under Title XVI of the Social Security Act ("Act"). The parties consented to my jurisdiction. ECF Doc. 11. Because substantial evidence supported the ALJ's decision and because the only incorrect application of legal standard...
