STIPULATED PROTECTIVE ORDER KAREN L. LITKOVITZ, Magistrate Judge. Plaintiff John Johnson ("Plaintiff") and Defendant Vertical Systems Elevator Co. ("Defendant"), by and through counsel, hereby stipulate and agree to the following Protective Order to be entered in this case pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. 1. CONFIDENTIAL INFORMATION This Order shall apply to all documents, materials, things or information produced during the course of this action,...
STIPULATED PROTECTIVE ORDER MICHAEL J. NEWMAN, Magistrate Judge. WHEREAS, the Court recognizes the legitimate interests of the parties (and subpoenaed non-parties) in the above-captioned action in the confidentiality and security of certain business, medical, and personal information, including electronically stored information, as well as the requirements of the Health Insurance Portability and Accountability Act ("HIPAA"); IT IS HEREBY ORDERED as follows: 1. This Stipulated...
ORDER ADOPTING REPORT AND RECOMMENDATION WALTER HERBERT RICE, District Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. # 15), to whom this case was referred pursuant to 28 U.S.C. 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendation. Accordingly, it is hereby ORDERED that: 1. The...
OPINION & ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on Defendants Zanesville Metropolitan Housing Authority and Steven Randles' (collectively, "ZMHA") Motion for Judgment on the Pleadings (Doc. 22). Pursuant to Fed. R.Civ.P. 12(c), ZMHA moves to dismiss Plaintiffs' Amended Complaint (Doc. 17), on the grounds that it fails to state a claim, it is barred by the doctrine of res judicata, and is barred by the statute of limitations. Also before...
OPINION & ORDER ALGENON L. MARBLEY, District Judge. This matter is before the Court on the Motion of Plaintiff Broad Street Energy Company ("Broad Street" or "Plaintiff") for Summary Judgment against Defendant Endeavor Ohio ("Endeavor" or "Defendant"). (Doc. 15.) For the foregoing reasons, Plaintiff's Motion is DENIED. I. BACKGROUND Broad Street is an Ohio oil and gas operator that holds title to various mineral rights, oil and gas leases, easements, facilities, and other interests in...
OPINION & ORDER MICHAEL R. BARRETT, District Judge. This matter is before the Court upon Plaintiffs' Motion for Summary Judgment (Doc. 20) and Defendants' Motion for Summary Judgment (Doc. 21). Both motions have been fully briefed (Docs. 23, 24, 26, 27). I. BACKGROUND Plaintiffs bring claims against Defendants pursuant to Section 502 of the Employee Retirement Income Security Act ("ERISA") and Section 301 of the Labor-Management Relations Act, 29 U.S.C. 1132 and 185. Plaintiffs are...
STIPULATED PROTECTIVE ORDER MICHAEL R. MERZ, Magistrate Judge. This Order shall govern the use and disclosure of all Confidential Information produced by or on behalf of the parties or any third party or furnished by any person associated with the parties in any deposition, interrogatory answer, response to request for admission, document production, or any other discovery proceeding or exchange of information in this action. 1. As used in this Order, "Confidential Information" means all...
FINAL ORDER GRANTING PLAINTIFFS' MOTION FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTION TIMOTHY S. BLACK, District Judge. This civil case is before the Court for final decision on Plaintiffs' Motion for Declaratory Judgment and Permanent Injunction (Doc. 53), the record evidence (Docs. 34, 42-47, 61; see Appendix at pp. 49-50 i ), Defendants' memorandum in opposition (Doc. 56), Plaintiffs' reply (Doc. 62), and oral argument held on December 18, 2013. Plaintiffs include two individuals who...
DECISION MARK R. ABEL, United States Magistrate Judge. This matter is before the Court on defendant The Ohio State University's May 22, 2013 renewed motion for summary judgment (doc. 123). I. Overview Szeinbach came to OSU's College of Pharmacy ("COP") from the University of Mississippi in 1999, starting as a full professor with tenure. (Szeinbach Dep.; Doc. 122-17 at 3.) Szeinbach is currently employed in COP's Division of Pharmacy Practice and Administration ("PPAD"). In 2002, COP hired...
OPINION AND ORDER ALGENON L. MARBLEY, District Judge. This matter is before the Court on Plaintiffs Capital City Energy Group, Inc.'s ("CCEG") and Hotwell Services, Inc.'s ("Hotwell") (collectively "Plaintiffs") Motion for Summary Judgment, (Doc. 62), and Defendants Kelley Drye & Warren LLP's ("Kelley Drye") and Timothy R. Lavender's ("Lavender") (collectively "Defendants") Motion for Summary Judgment, (Doc. 66). For the reasons set forth herein, Plaintiffs' Motion is DENIED and Defendants'...
OPINION AND ORDER JAMES L. GRAHAM, District Judge. This is a disturbing case. Defendant is charged with one count of possession of child pornography. I am called upon to decide whether to accept a plea agreement which requires me to impose a sentence which is roughly only one sixth of the lowest sentence recommended by the United States Sentencing Guidelines ("the Guidelines" or "U.S.S.G."). 1 This is disturbing not because I disagree with the sentence, but because I am convinced that under...
OPINION & ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on Defendant Washington County Career Center's Motion for Summary Judgment (the "Motion"). (Doc. 63). Plaintiff, Carrie Johnson, brings this action to recover for alleged violations of the Americans with Disabilities Act and the Rehabilitation Act, relating to her termination from the Defendant's Surgery Technologist training program. Defendant moves for summary judgment on all remaining...
ORDER SUSAN J. DLOTTI, Chief Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on October 17, 2013 (Doc. 30), to whom this case was referred pursuant to 28 U.S.C. 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R.Civ.P. 72(b) expired November 4, 2013, hereby ADOPTS said Report and Recommendation. Accordingly, defendant's motion for summary judgment (...
STIPULATION & PROTECTIVE ORDER ELIZABETH A. PRESTON DEAVERS, Magistrate Judge. Pursuant to Rules 26 of the Federal Rules of Civil Procedure and by stipulation of the parties, the Court enters this Protective Order relating to discovery, in any form whatsoever, that is taken in connection with this matter. The Parties have agreed that there is the need for discovery in this litigation and that some of the information the Parties may seek or develop through discovery in this case may contain...
AMENDED STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER ELIZABETH PRESTON DEAVERS, Magistrate Judge. Pursuant to the stipulation of the parties, by and through their respective counsel, IT IS HEREBY ORDERED as follows: (1) This Stipulated Protective Order governs the use of information and documents produced through discovery or identified as part of the Administrative Record in the above-referenced action. (2) The parties agree that they shall use Confidential Documents and Confidential...
ORDER DENYING THE MOTION TO DISMISS OF DEFENDANT DR. THEODORE WYMYSLO TIMOTHY S. BLACK, District Judge. As fully anticipated by all parties, Plaintiff John Arthur died very recently on October 22, 2013. The question now arises whether this lawsuit dies with him. Believing that courts are designed to be places of recourse, and that judges are not to duck legal questions simply because they are difficult or because the initial status quo has changed, this Court determines that this lawsuit is...
ENTRY AND ORDER GRANTING DEFENDANT FIFTH THIRD MORTGAGE COMPANY'S MOTION TO DISMISS (Doc. # 11) AND TERMINATING THIS CASE THOMAS M. ROSE, District Judge. This matter is a class action complaint brought by Plaintiff Jacqueline Bihn, on behalf of herself and all others similarly situated, against Defendants Fifth Third Mortgage Company ("FTMC") and Maguire & Schneider, LLP ("Maguire"). Bihn's First Claim for Relief is for unfair debt collection practices pursuant to 1692(e) and 1692(f) of...
OPINION AND ORDER GEORGE C. SMITH, District Judge. This matter is before the Court on Defendants The Ohio State University and The Ohio State University Medical Center's ("OSU") 1 Motion for Summary Judgment (Doc. 105). The motion is fully briefed and ripe for disposition. For the reasons that follow, the Court GRANTS OSU's motion. I. Background Plaintiff Nadia Nathan is a female cardiac anesthesiologist. Plaintiff was born in Egypt in 1958. From 1998 until 2005, Plaintiff was employed...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR RECONSIDERATION OF THE ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. 70) TIMOTHY S. BLACK, District Judge. This civil action is before the Court on Plaintiff's motion for reconsideration of the Order granting Defendant's motion for partial summary judgment (Doc. 70), and the parties' responsive memoranda (Docs. 75, 76). I. BACKGROUND FACTS Defendant McDermott Will & Emery LLP ("MWE") moved for partial...
Order Granting Defendant's Motion for Summary Judgment SUSAN J. DLOTT, Chief Judge. This matter is before the Court on Defendant's Motion for Summary Judgment (Doc. 10). Plaintiff Donna Cann alleges in this lawsuit that she was terminated from her employment with Defendant Pierce Township for unlawful reasons. For the reasons that follow, the Court concludes that Cann lacks sufficient evidence to prove that her termination was unlawful. The Court will GRANT the Motion for Summary Judgment....
