ORDER: (1) DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. 158); and (2) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. 160) TIMOTHY S. BLACK , District Judge . This civil action is before the Court on: (1) Defendants' motion for summary judgment (Doc. 158) and the parties' responsive memoranda (Docs. 173, 177, 182); and (2) Plaintiff's motion for partial summary judgment (Doc. 160) and the parties' responsive memoranda (Docs. 172, 176). 1...
DISMISSAL ENTRY KAREN L. LITKOVITZ, Magistrate Judge. Having been apprised by the parties that the claims in the above-captioned matter have been amicably resolved, it is hereby ORDERED that the Plaintiff's Complaint be and hereby is DISMISSED WITH PREJUDICE. Costs to Defendants.
REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN, Magistrate Judge. Plaintiff Cheryl Shively filed this Social Security appeal in order to challenge the Defendant's finding that she is not disabled. See 42 U.S.C. 405(g). Proceeding through counsel, Plaintiff presents five claims of error. The Commissioner filed a response, to which Plaintiff filed a reply. For the following reasons, the undersigned recommends that the ALJ's finding be REVERSED, and remanded for an award of DIB benefits to...
ORDER AND OPINION NORAH McCANN KING, Magistrate Judge. Plaintiff Mt. Vernon Food & Deli, Inc., d/b/a Steve's Foodmart and Deli ("Steve's Foodmart") brought this case challenging an administrative decision by the United States Department of Agriculture Food and Nutrition Service ("FNS") withdrawing Steve's Foodmart's authorization to participate in the Supplemental Nutrition Assistance Program ("SNAP"). This matter is before the Court for consideration of Plaintiff's Motion for Stay of...
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART THE PARTIAL MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT FILED BY DEFENDANT NAPHCARE, INC. (DOC. # 42); ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (DOC. # 52); OVERRULING THE DEFENDANTS' OBJECTIONS (DOC. # 53) TO SAID JUDICIAL FILING; AND DISMISSING WITH PREJUDICE THE FIRST AMENDMENT RETALIATION CLAIM UNDER 42 U.S.C. 1983, COUNT FOUR OF THE THIRD AMENDED COMPLAINT (DOC. # 41) WALTER H. RICE , District...
REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN, Magistrate Judge. Plaintiff Anthony W. Ritchie filed this Social Security appeal in order to challenge the Defendant's finding that he is not disabled. See 42 U.S.C. 405(g). Proceeding through counsel, Plaintiff presents several claims of error. The Commissioner filed a response, to which Plaintiff filed no reply. The ALJ's finding should be REVERSED and remanded for further review. While a single error may have been viewed as harmless on the...
ORDER SUSAN J. DLOTT, Chief District Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on November 24, 2014 (Doc. 14), 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 December 11, 2014, hereby ADOPTS said Report and Recommendation. Accordingly, the decision of the Commissioner...
ORDER SUSAN J. DLOTT, District Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on December 1, 2014 (Doc. 20), 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 December 18, 2014, hereby ADOPTS said Report and Recommendation. Accordingly, the decision of the Commissioner is...
ORDER SUSAN J. DLOTT, Chief District Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on December 8, 2014 (Doc. 17), 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 December 26, 2014, hereby ADOPTS said Report and Recommendation. Accordingly, defendant's decision is AFFIRMED....
REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN, Magistrate Judge. I. Introduction A. Procedural Background in this Court Plaintiff filed the above social security appeal pro se and in forma pauperis on December 18, 2013. See 42 U.S.C. 405(g). On April 8, 2014, the Commissioner filed and served its answer and a certified copy of the administrative record. After Plaintiff failed to file a Statement of Errors as required by the due date of May 26, 2014, the undersigned filed a "show...
ORDER SUSAN J. DLOTT, Chief District Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on December 9, 2014 (Doc. 36), 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 December 26, 2014, hereby ADOPTS said Report and Recommendation. Accordingly, defendant's motion for summary...
REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN, Magistrate Judge. Plaintiff Gino Nunn brings this action, pro se, against defendant Graphic Packaging International, Inc. ("GPI") alleging that defendant discriminated against him on the basis of his alleged disability in violation of the Americans with Disabilities Act ("ADA"). This matter is now before the Court on Defendant's motion for summary judgment (Doc. 32) and the parties' responsive memoranda and supporting documents. (Docs. 34, 35)....
CONSENT ORDER OF RECEIVERSHIP SUSAN J. DLOTT, District Judge. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Pursuant to the provisions of 15 U.S.C. 687c, this Court takes exclusive jurisdiction of Walnut Investment partners, L.P. ("WIP") and all of its assets and property, of whatever kind and wherever located, and the United States Small Business Administration ("SBA") is hereby appointed Receiver ("the Receiver") of WIP to serve without bond until further order of: this Court. The...
ENTRY AND ORDER OVERRULING MAYFIELD'S MOTION TO DISMISS/ALTERNATIVE MOTION TO TRANSFER (Doc. #5) THOMAS M. ROSE, District Judge. The Complaint in this matter was originally filed in the Court of Common Pleas for Montgomery County, Ohio. It was subsequently removed to this Court by Defendant Mayfield Creek Forestry Consultants ("Mayfield") based upon this Court having diversity jurisdiction. (Doc. #2.) Since the removal, this Court has determined that diversity of citizenship exists and that...
OPINION AND ORDER NORAH McCANN KING, Magistrate Judge. This is an action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1132 ("ERISA"), in which plaintiff seeks recovery of short-term disability benefits under an employer-sponsored plan. This matter is now before the Court, with the consent of the parties pursuant to 28 U.S.C. 636(c), for consideration of the parties' cross motions for judgment on the administrative record. Plaintiff's Motion, ECF 18; Defendant's...
ORDER DENYING PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIM (Doc. 13) TIMOTHY S. BLACK, District Judge. This civil action is before the Court on Plaintiff's motion to dismiss counterclaims (Doc. 13) and the parties' responsive memoranda (Docs. 19, 21). 1 I. FACTS AS ALLEGED BY THE PLAINTIFF For purposes of this motion to dismiss, the Court must: (1) view the complaint in the light most favorable to the Plaintiff; and (2) take all well-pleaded factual allegations as true....
ORDER GRANTING DEFENDANT MESSER CONSTRUCTION CO.'S MOTION FOR SUMMARY JUDGMENT (Doc. 14) AND DENYING THE MOTIONS FOR SUMMARY JUDGMENT OF DEFENDANTS D.A.G. CONSTRUCTION CO., INC., TRIVERSITY CONSTRUCTION CO., LLC, AND J & B STEEL ERECTORS, INC. (Docs. 37 and 40) TIMOTHY S. BLACK , District Judge . This civil action is before the Court on Defendant Messer Construction Co.'s motion for summary judgment (Doc. 14), Defendants D.A.G. Construction Co., Inc.'s and Triversity Construction Co.,...
OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court for consideration of the Magistrate Judge's September 23, 2014 Report and Recommendation (ECF No. 33), Plaintiff's objections (ECF No. 37), and Defendants' response (ECF No. 39). For the reasons that follow, the Court finds the objections not well taken and adopts the Report and Recommendation. I. Background Plaintiff, Leonard Jenkins, is an Ohio inmate. He is a paraplegic who must use a catheter to urinate....
ORDER MICHAEL H. WATSON, District Judge. On October 10, 2014, United States Magistrate Judge King issued a Report and Recommendation ("R&R") recommending the Court accept Defendant's plea of guilty to Count 1 of the Information in this case. R&R 2, ECF No. 11. The R&R notified the parties of their right to file objections to the R&R pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). Id. at 3. The R&R further specifically advised the parties that the failure to...
ORDER MICHAEL R. BARRETT, District Judge. This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on December 3, 2014 (Doc. 16). Proper notice has been given to the parties under 28 U.S.C. 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's...
