ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM OF DEFENDANT LAKE HOSPITAL SYSTEM, INC. IN RESPONSE TO PLAINTIFF'S SECOND AMENDED COMPLAINT THOMAS M. PARKER , Magistrate Judge . Defendant, Lake Hospital System, Inc., ("Lake Health") hereby submits its Answer, Affirmative Defenses, and Counterclaim in response to the Second Amended Complaint of Plaintiff Stacey Wellington, and denies each and every statement, allegation, and averment contained in the Second Amended Complaint except and to...
MEMORANDUM OPINION AND ORDER SARA LIOI , District Judge . Now before the Court is the parties' joint motion for approval of settlement and release (Doc. No. 28 ["Mot."]), supported by the Declaration of Hans A. Nilges (Doc. No. 28-2 ["Nilges Decl."]). Because the Court finds that the settlement represents a fair resolution of plaintiff's claim under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201, et seq., the joint motion is granted in part and denied in part and the settlement...
REPORT AND RECOMMENDATION DAVID A. RUIZ , Magistrate Judge . Plaintiff, Thomas Petro (hereinafter "Plaintiff"), challenges the final decision of Defendant Andrew Saul, Commissioner of Social Security (hereinafter "Commissioner"), denying his applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act, 42 U.S.C. 416(i), 423, 1381 et seq. ("Act"). This court has jurisdiction pursuant to 42 U.S.C....
REPORT AND RECOMMENDATION KATHLEEN B. BURKE , Magistrate Judge . Plaintiff David Fluellen ("Fluellen") seeks judicial review of the final decision of Defendant Commissioner of Social Security ("Commissioner") denying his applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). Doc. 1. This Court has jurisdiction pursuant to 42 U.S.C. 405(g). This matter has been referred to the undersigned Magistrate Judge for a Report and Recommendation pursuant...
REPORT AND RECOMMENDATION JONATHAN D. GREENBERG , Magistrate Judge . This case is before the Court upon referral for general pretrial supervision. (Doc. No. 4.) Currently pending is the Defendant's Motion to Dismiss Plaintiff's Complaint. (Doc. No. 7.) For the following reasons, it is recommended that Defendant's Motion to Dismiss be GRANTED IN PART and DENIED IN PART. The Motion to Dismiss Plaintiff's Complaint based on a lack of jurisdiction should be DENIED. The Motion to Dismiss the...
REPORT AND RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . Judge Solomon Oliver, Jr. 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...
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 12, 2019,...
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 12, 2019,...
REPORT & RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . I. Introduction Plaintiff, James Schender, seeks judicial review of the final decision of the Commissioner of Social Security, denying his applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act. 1 This matter is before me pursuant to 42 U.S.C. 405(g), 1383(c)(3), and Local Rule 72.2(b). Because the Administrative Law Judge ("ALJ")...
REPORT AND RECOMMENDATION DAVID A. RUIZ , Magistrate Judge . Petitioner Harry Tharp, Jr. ("Tharp" or "petitioner") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The petition is before the magistrate judge pursuant to Local Rule 72.2(b)(2). Petitioner is in the custody of the Ohio Department of Rehabilitation and Correction pursuant to journal entry of sentence in the case of State of Ohio v. Tharp, Case No. CR-15-598816-A (Cuyahoga County, Ohio Feb. 18,...
REPORT & RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . I. Introduction Plaintiff, Tracee Stinedurf, seeks judicial review of the final decision of the Commissioner of Social Security, denying her application for supplemental security income benefits ("SSI") under Title XVI of the Social Security Act. This matter is before me pursuant to 42 U.S.C. 405(g) and Local Rule 72.2(b). Because the Administrative Law Judge ("ALJ") failed to apply proper legal standards in evaluating a...
REPORT & RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . I. Introduction Petitioner, Reeco Dennis, an Ohio prisoner serving an aggregate prison sentence of 19 years for rape and kidnapping, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 on April 4, 2019. ECF Doc. 1, ECF Doc. 9-1 at 18. On July 18, 2019, Warden David Marquis filed a motion to dismiss arguing that seven of Dennis's nine claims for relief — Grounds One through Seven — are unexhausted. ECF Doc. 9....
MEMORANDUM OPINION SARA LIOI , District Judge . Before the Court is defendants' joint motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) 1 (Doc. No. 6 ["Mot."]). Plaintiff has filed a response in opposition (Doc. No. 9 ["Opp'n"]) and defendants filed a reply (Doc. No. 10 ["Reply"]). For the reasons set forth herein, the motion to dismiss is granted. I. BACKGROUND On August 21, 2019, plaintiff The Retirees of the Goodyear Tire & Rubber Company Employee Healthcare Trust...
MEMORANDUM OF OPINION AND ORDER [Resolving ECF No. 21 ] BENITA Y. PEARSON , District Judge . Pending is Defendants Chesapeake Exploration, L.L.C. and CHK Utica L.L.C.'s motion for summary judgment. ECF No. 21 . The matter has been fully briefed. See ECF Nos. 21 , 25 , and 26 . For the reasons given below, Defendants' motion for summary judgment is denied. I. Background Plaintiffs John O. Henderson and Virginia E. Henderson (the "Hendersons") are two elderly individuals who own...
OPINION AND ORDER DAN AARON POLSTER , District Judge . MEMORANDUM Before the Court is Petitioner Decarlo L. Sanders's Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence. Doc #: 29. For the following reason, Sanders's Motion is DENIED. FACTUAL BACKGROUND On April 27, 2018, Sanders pled guilty to three charges: Count One, felon in possession of firearm in violation of 18 U.S.C. 992(g)(1) and 924(a)(2); Count Two, possession of a firearm in furtherance of drug...
MEMORANDUM OPINION AND ORDER SARA LIOI , District Judge . This matter is before the Court upon defendants' objection (Doc. No. 34 ["Obj."] 1 ) to Magistrate Judge Kathleen B. Burke's Report and Recommendation, (Doc. No. 32 ["R&R"]) recommending that defendants' motion for summary judgment (Doc. No. 31 ["Mot."]) be granted in part and denied in part. Upon de novo review and for the reasons set forth below, the Court ADOPTS the R&R in full, with some clarification. I. BACKGROUND The...
ORDER THOMAS M. PARKER , Magistrate Judge . I. Introduction Plaintiff Adam P. Kohn filed a "motion to compel defendants to compensate plaintiff's expert" on October 28, 2019. ECF Doc. 12. On October 31, 2019, Kohn filed a "motion for an in camera inspection of documents which defendants claim are privileged." (ECF Doc. 15). For the following reasons, Kohn's motion to compel (ECF Doc. 12) is GRANTED in part and DENIED in part. His motion for an in camera inspection (ECF Doc. 15) is DENIED....
ORDER ACCEPTING PLEA AGREEMENT, JUDGMENT AND REFERRAL TO U.S. PROBATION OFFICE SOLOMON OLIVER, JR. , District Judge . This case is before the Court on a Report and Recommendation filed by United States Magistrate Judge Thomas M. Parker, regarding the change of plea hearing of Jorge Alberto Barrera, Sr., which was referred to the Magistrate Judge with the consent of the parties. On July 16, 2019, the government filed a 17 count Indictment, charging Defendant Barrera in counts 1, 2 and 4...
REPORT AND RECOMMENDATION THOMAS M. PARKER , Magistrate Judge . Judge Solomon Oliver, Jr. 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...
MEMORANDUM OPINION AND ORDER WILLIAM H. BAUGHMAN, JR. , Magistrate Judge . I. Before me 1 is an action under 42 U.S.C. 405(g) by Robert Chorak seeking judicial review of a 2017 decision by the Commissioner of Social Security that denied his application for disability insurance benefits. 2 The Commissioner has answered 3 and filed the transcript of the administrative proceedings. 4 Pursuant to my procedural orders 5 the parties have briefed their positions 6 and submitted...
