ORDER APPOINTING COUNSEL UNDER THE CRIMINAL JUSTICE ACT WALTER H. RICE , District Judge . This case is before the Court upon Defendant's application for appointment of counsel pursuant to 18 U.S.C. 3006A. Upon the Court's Sua Sponte Order for Appointment of Counsel, the Court appointed a member of the Criminal Justice Act Panel. IT IS ACCORDINGLY ORDERED that Lawrence J. Greger, of the CJA Panel for the Southern District of Ohio, is appointed as counsel to represent the Defendant in...
ENTRY OF VOLUNTARY DISMISSAL, WITH PREJUDICE; TERMINATION ENTRY WALTER H. RICE , District Judge . Pursuant to the discussions in open Court and upon the record, said proceedings held December 12, 2018, the Plaintiff, having expressed her wish to voluntarily dismiss the captioned cause, with prejudice, the captioned cause is dismissed, with prejudice to a new action. The captioned cause is ordered terminated upon the docket records of the United States District Court for the Southern...
OPINION AND ORDER EDMUND A. SARGUS, JR. , CHIEF UNITED STATES DISTRICT JUDGE . In Civil Case No. 2:18-cv-238 ("Case A"), Defendant Caremark, L.L.C. ("Caremark") has filed a motion to dismiss ( Caremark MTD, Case A, ECF No. 43), as have Defendants Fiserv, Inc., and Fiserv Solutions, LLC (collectively, "Fiserv") ( Fiserve MTD, Case A, ECF No. 44), to which Plaintiffs have filed an opposing brief ( Pl. Mem. Opp., Case A, ECF No. 46). Caremark has filed a reply ( Caremark Reply, Case A,...
STIPULATED PROTECTIVE ORDER KAREN L. LITKOVITZ , Magistrate Judge . Plaintiff Erica Shields and Defendant Sinclair Media III Inc. hereby stipulate to the following Order relating to confidential business and other proprietary information. IT IS HEREBY STIPULATED THAT: Each party to this proceeding or any subsequent appeals and anyone else who may subscribe to this Stipulated Protective Order ("Order") agree as follows: PURPOSE The parties recognize that preparation and trial of this...
ORDER KAREN L. LITKOVITZ , Magistrate Judge . This matter is before the Court following an informal telephone discovery conference held on December 19, 2018, concerning issues related to plaintiffs second set of interrogatories propounded to defendants. Following the conference, the Court ordered defendants to submit to the undersigned a copy of plaintiff's first set of interrogatories and their responses. The Court also ordered plaintiff to submit to the undersigned a copy of plaintiff's...
DECISION AND ENTRY WALTER H. RICE , District Judge . The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #22), to whom this case was originally 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 Recommendations. It is therefore ORDERED that: 1....
ORDER WALTER H. RICE , District Judge . This action came before the Court on Iron Workers District Council of Southern Ohio & Vicinity Benefit Trust ("Benefit Trust"), Iron Workers District Council of Southern Ohio & Vicinity Pension Trust ("Pension Trust"), and Iron Workers District Council of Southern Ohio & Vicinity Annuity Trust ("Annuity Trust") (collectively the "Trusts" or "Plaintiffs"), Motion for Default Judgment against Defendant Millennium Steel, Inc. ("Defendant" or "...
ORDER: (1) APPROVING THE PARTIES' JOINT STIPULATION FOR AN AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT ("EAJA") (DOC. 19); AND (2) AWARDING PLAINTIFF $4,500.00 IN EAJA FEES WALTER H. RICE , District Judge . This Social Security disability benefits appeal is before the Court on the parties' joint stipulation in which they agree that Plaintiff should be awarded attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, in the amount of $4,500.00. Doc....
DECISION AND ENTRY OVERRULING MOTION TO DISMISS AMENDED THIRD-PARTY COMPLAINT (DOC. #43); SUSTAINING MOTION FOR LEAVE FOR ADDITIONAL TIME TO COMPLY WITH COURT ORDER FILED SEPTEMBER 19, 2018 (DOC. # 45) WALTER H. RICE , District Judge . Third-Party Defendant International Brotherhood of Electrical Workers, Local Union 82 ("IBEW Local 82"), has entered a limited appearance and moved this Court for an Order dismissing the Amended Third-Party Complaint, Doc. #43, filed by Security Fence Group,...
OPINION AND ORDER MICHAEL H. WATSON , District Judge . On December 13, 2018, Magistrate Judge Jolson issued a Report and Recommendation ("R&R") recommending the Court grant in part Halliburton's partial motion for summary judgment, grant Halliburton summary judgment on Snyder's remaining negligent supervision counterclaim, and enter final judgment in favor of Halliburton in the amount of $507,372.29. R&R, ECF No. 107. The R&R notified the parties of their right to object and of the...
ORDER SUSAN J. DLOTT , District Judge . This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on November 6, 2018 a Report and Recommendation (Doc. 19). Subsequently, the plaintiff filed objections to such Report and Recommendation (...
REPORT AND RECOMMENDATIONS ON MOTION TO CORRECT THE JUDGMENT MICHAEL R. MERZ , Magistrate Judge . This case is before the Court on Petitioner's Motion to Correct the Judgment (ECF No. 70). As a post-judgment motion, it is deemed referred to the assigned Magistrate Judge under 28 U.S.C. 636(b)(2)(3). Parrish complains that the Court's judgment (Amended Order, ECF No. 67) did not consider his timely Objections to the Supplemental Report and Recommendations (ECF No. 65) recommending that...
REPORT AND RECOMMENDATION KIMBERLY A. JOLSON , Magistrate Judge . On December 19, 2018, Plaintiff filed a second motion for leave to proceed in forma pauperis under 28 U.S.C. 1915(a). (Doc 3). This motion followed the Court's Order Denying Plaintiff's December 4, 2018 motion to proceed in forma pauperis without prejudice, and directing Plaintiff to supplement his affidavit. (Doc. 2). In Adkins v. E.I. DuPont de Nemours & Co., Inc., 335 U.S. 331 (1948), the Supreme Court set...
REPORT AND RECOMMENDATION KIMBERLY A. JOLSON , Magistrate Judge . Petitioner, a state prisoner, brings this Petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. This matter is before the Court on the Petition, Respondent's Return of Writ, Petitioner's Reply, and the exhibits of the parties. For the reasons that follow, the Undersigned RECOMMENDS that the Petition be DENIED and that this action be DISMISSED. I. FACTS AND PROCEDURAL HISTORY Petitioner challenges his...
DECISION AND ENTRY OVERRULING PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT AND NEW TRIAL (DOC. #100); TERMINATION ENTRY WALTER H. RICE , District Judge . This matter is currently before the Court on Plaintiff Nancy Arsan's Motion for Relief from Judgment and New Trial (Doc. #100). Defendant Kristi Weber has filed a response in opposition and Plaintiff has filed a reply. For the reasons set forth below, Plaintiff's motion, Doc. #100, is overruled and this matter is hereby terminated upon the...
REPORT AND RECOMMENDATION CHELSEY M. VASCURA , Magistrate Judge . Plaintiff commenced this action in the Court of Common Plea for Fairfield County, Ohio, on July 28, 2018, against Defendants, Dollar General Corporation, the Ohio Department of Job and Family Services, and John Does #1 and #2. On August 22, 2018, Defendant Dollar General Corporation removed the action to this Court. (ECF No. 1.) As of December 4, 2018, the two named defendants filed their answer, but Plaintiff had not moved...
OPINION AND ORDER CHELSEY M. VASCURA , Magistrate Judge . This matter is before the Court for consideration of Plaintiff's Motion for Leave to File Second Amended Complaint ("Motion") (ECF No. 15) and Defendant's Response in Opposition (ECF No. 20). For the reasons that follow, Plaintiff's Motion is GRANTED. I. BACKGROUND Disability Rights Ohio ("DRO") commenced an action against The Buckeye Ranch, Inc. ("Buckeye Ranch") in this Court on August 16, 2018. ( See Disability Rights Ohio v....
REPORT AND RECOMMENDATION CHELSEY M. VASCURA , Magistrate Judge . Petitioner, a state prisoner, brings this Petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. This matter is before the Court on the Petition, Respondent's Return of Writ, and the exhibits of the parties. For the reasons that follow, it is RECOMMENDED that this action be DISMISSED. I. Facts and Procedural History The Ohio Fifth District Court of Appeals summarized the facts and procedural history of the...
ORDER CHELSEY M. VASCURA , Magistrate Judge . Defendant Pauley Motor Car Co. Preowned Vehicles, LLC ("Pauley Motor") has moved for leave to file under seal transcripts of the depositions of Keith Sarchett and Mitchell Tyler because they contain information designated as "confidential" under the parties' stipulated protective order. For good cause shown, the motion is GRANTED. Pauley Motor shall file unredacted versions of the transcripts under seal and also publicly file versions with...
DECISION AND ENTRY WALTER H. RICE , District Judge . The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #9), to whom this case was originally 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 Recommendations. It is therefore ORDERED that: 1....
