ORDER SANDRA S. BECKWITH, Senior District Judge. This matter is before the Court on Bankruptcy Trustee Michael Baker's motion to stay second final order of forfeiture (Doc. No. 151). For the reasons that follow, this motion is not well-taken and is DENIED. From 1999 through March 2002, the Defendant in this case, A. William Erpenbeck, perpetrated through his home construction business a massive fraud on certain federally insured financial institutions and many homeowners. In general,...
ORDER: (1) GRANTING DEFENDANT NOVASTAR FINANCIAL INC.'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT (Docs. 47, 52); AND (2) DENYING PLAINTIFF'S AND GUARANTORS' MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. 53) TIMOTHY S. BLACK, District Judge. This civil action is now before the Court on NovaStar Financial Inc.'s motions for partial summary judgment (Docs. 47, 52); Plaintiff ITS's and the Guarantors' 1 memorandum in opposition to NovaStar's motion for partial summary judgment and their motion for...
DECISION AND ENTRY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. 18) TIMOTHY BLACK, District Judge. This case is before the Court on the Motion for Summary Judgment filed by Defendant Guarantee Trust Life Insurance Company ("Guarantee"). (Doc. 18). Plaintiff filed a Memorandum in Opposition to Defendant's Motion. (Doc. 22). Defendant then filed a Reply. (Doc. 24). Defendant's Motion is now ripe for decision. I. FACTS Many of the facts at issue in this case are not disputed....
DECISION AND ENTRY SUSTAINING MOTION FOR PARTIAL SUMMARY JUDGMENT OF DEFENDANTS CITY OF SPRINGFIELD, GEOFFREY ASHWORTH AND NOEL LOPEZ (DOC. # 70); OVERRULING DEFENDANTS ABSOLUTE SOFTWARE, INC.'S AND KYLE MAGNUS' NOTION FOR SUMMARY JUDGMENT (DOC. #78) WALTER HERBERT RICE, District Judge. Plaintiffs Susan Clements-Jeffrey and Carlton Smith filed suit against The City of Springfield, Springfield police officers Geoffrey Ashworth and Noel Lopez (collectively "the Springfield Defendants"),...
ORDER GRANTING DEFENDANTS OHIO ELECTION COMMISSION AND ITS MEMBERS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT OF THE COALITION OPPOSED TO ADDITIONAL SPENDING AND TAXES (Doc. 30) TIMOTHY S. BLACK, District Judge. This civil action is currently before the Court on Defendant Ohio Election Commission and its Members' motion to dismiss the second amended complaint of the Coalition Opposed to Additional Spending and Taxes ("COAST") (Doc. 30), and the parties' responsive memoranda (Docs. 35,...
DECISION AND ENTRY OVERRULING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT THE CONNOR GROUP AS TO LIABILITY (DOC. # 12) WALTER HERBERT RICE, District Judge. Plaintiff, Miami Valley Fair Housing Center, Inc. ("MVFHC"), filed suit against The Connor Group and two of its employees, alleging that some of The Connor Group's advertisements for apartment rentals violated federal and state fair housing laws. Plaintiff alleged that some advertisements were designed to...
OPINION AND ORDER MICHAEL H. WATSON, District Judge. This employment discrimination case is before the Court on Defendant Domino's Pizza LLC's motion to dismiss the amended complaint. For the following reasons, the motion (ECF No. 45) will be granted. I. BACKGROUND The Brickers filed their original complaint on April 1, 2010, alleging claims for sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-5 et seq. and Ohio law, as well as state law...
OPINION AND ORDER MICHAEL H. WATSON, District Judge. These consolidated diversity actions arise from the purported termination of alcoholic beverage distributor franchises governed by the Ohio Alcoholic Beverages Franchise Act ("ABFA" or "Act"), Ohio Rev.Code 1333.82-1333.87. The cases present the central issue whether one of the Defendants is a "successor manufacturer" under Ohio Rev.Code 1333.85(D) and therefore entitled to terminate the franchises in the absence of just cause or...
OPINION AND ORDER JAMES L. GRAHAM, District Judge. This is an action filed by plaintiff Larry R. Caldwell against PNC Financial Services Group, Inc., and PNC Bank (collectively "PNC"), the National City Corporation Amended and Restated Management Severance Plan ("the Plan"), Kerry Allen, a Plan administrator, and John Does 1-10. Plaintiff alleges that he was an employee of National City Bank ("National City") as of December 3, 2008, when PNC acquired National City in a change of control....
DECISION AND ORDER GRANTING CONDITIONAL WRIT OF HABEAS CORPUS MICHAEL R. MERZ, United States Magistrate Judge. This is a habeas corpus action brought by Petitioner Roger Dean Gillispie pursuant to 28 U.S.C. 2254 seeking relief from his convictions for nine counts of rape with firearm specifications, three counts of kidnaping with firearm specifications, three counts of gross sexual imposition, and one count of aggravated robbery with a firearm specification and resulting sentences which...
OPINION AND ORDER JAMES L. GRAHAM, District Judge. This case involves an interstate shipment of goods allegedly stolen or lost while in the custody of Defendant Southern Refrigerated Transport, Inc. ("SRT"). Pending before the court are SRT's motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) and SRT's request for an oral hearing on its motion. As set forth below, the Court grants SRT's motion for judgment on the pleadings and denies SRT's request for oral...
ORDER SANDRA S. BECKWITH, Senior District Judge. Plaintiff, Richard D. Gelesky, alleges in his complaint that Defendants, his former employer's pension plan and its administrative committee, failed to properly calculate his lump-sum pension benefit. For himself and on behalf of a putative class, he brings claims under ERISA seeking additional benefits. (Doc. 1) Defendants, AK Steel Corporation Pension Agreement Plan and AK Steel Corporation Benefit Plan Administrative Committee, have moved...
OPINION & ORDER MICHAEL R. BARRETT, District Judge. This matter is before the Court upon Defendant's Motion for Summary Judgment (Doc. 10), Plaintiff's Response in Opposition (Doc. 14), and Defendant's Reply (Doc. 17). I. BACKGROUND Plaintiff James Young brings a claim of defamation against Defendant Gannett Satellite Information Network, Inc. ("Gannett"). On May 26, 2010, a Gannett paper, the Milford-Miami Advertiser, published a story about a City of Milford police officer who had...
OPINION AND ORDER GEORGE C. SMITH, District Judge. This matter is before the Court on the Government's request for restitution on behalf of "Amy" 1 , one of the known victims depicted in the child pornography images possessed by Defendant Christopher Klein (Doc. 44). 2 Defendant Klein, through counsel, has filed a response in opposition to the restitution request. The Court held a hearing on this matter on November 2, 2011. This request for restitution presents an issue of first impression...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS (Doc. 10) TIMOTHY S. BLACK, District Judge. This civil action is currently before the Court on Defendant's motion to dismiss (Doc. 10) and the parties' responsive memoranda (Docs. 15, 17). I. FACTUAL BACKGROUND AS ALLEGED BY PLAINTIFF This action arises out of alleged misrepresentations made by Defendant in its marketing and sale of a product known as "Align." Align is a daily food supplement, which Procter &...
OPINION AND ORDER EDMUND A. SARGUS, JR., District Judge. This matter is before the Court for consideration of Plaintiffs Motion for Default Judgment against Defendant Epixtar Marketing Corporation (Doc. 64), and the respective Motions to Dismiss of Defendants DFS Services LLC and Discover Bank (Doc. 28), Americall Group, Inc. (Doc. 42), and Consolidated Communications Market Response, Inc. (Doc. 49). For the reasons set forth below, Plaintiffs motion for default judgment will be HELD in...
NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT AND SETTLEMENT HEARING TIMOTHY S. BLACK, District Judge. TO: ALL PERSONS OR ENTITIES WHO HELD SHARES OF THE COMMON STOCK OF DPL INC. ("DPL" OR THE "COMPANY"), EITHER OF RECORD OR BENEFICIALLY, INCLUDING THEIR RESPECTIVE SUCCESSORS IN INTEREST, SUCCESSORS, PREDECESSORS IN INTEREST, PREDECESSORS, REPRESENTATIVES, TRUSTEES, EXECUTORS, ADMINISTRATORS, HEIRS, ASSIGNS OR TRANSFEREES, IMMEDIATE AND REMOTE, AND ANY PERSON OR ENTITY ACTING FOR OR...
ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. # 29) THOMAS M. ROSE, District Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. # 29), to whom this case was referred pursuant to 28 U.S.C. 636(b) and Fed. R.Crim.P. 59, and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R.Civ.P. 59(b)(2) has expired, hereby ADOPTS said Report and Recommendations. It is therefore...
COMPLAINT MARK R. ABEL, Magistrate Judge. Plaintiff, HILDAL L. SOLIS, Secretary of Labor, United States Department of Labor ("Secretary"), alleges: JURISDICTION AND VENUE 1. This action arises under Title I of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. 1001, et seq. , and is brought by the Secretary under ERISA 502(a)(2) and (5), 29 U.S.C. 1132(a)(2) and (5), to enjoin acts and practices which violate the provisions of Title I of ERISA,...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. 48) TIMOTHY S. BLACK, District Judge. This civil action is presently before the Court on motion for partial summary judgment filed by Defendant Advent Financial Services, LLC's and Defendant/Counterclaimant NovaStar Financial, Inc. (collectively "Defendants") (Doc. 48), and the parties' responsive memoranda (Docs. 54, 57). I. BACKGROUND FACTS AS ALLEGED BY PLAINTIFF ITS This case arises from a...
