OPINION & ORDER SARA LIOI, District Judge. The Indictment charges the defendants, James C. Dimora and Michael D. Gabor, with RICO conspiracy, conspiracy to commit mail fraud and honest services mail fraud, Hobbs Act violations, and various other related crimes. (Doc. No. 444, Third Superseding Indictment.) 1 The charges stem from an extensive three-year federal investigation into allegations of public corruption in Cuyahoga County, Ohio. On September 1, 2011, defendants filed a series of...
ORDER JAMES G. CARR, Senior District Judge. This is a case in which Marrik Dish Company, LLC contracted to exclusively provide internet and cable services to Cahaba Lakes, an apartment community in Alabama then owned by JRC Hunters Pointe LLC. The apartment community's current owner, Wilkinson CGR Cahaba Lakes, LLC, now contests the exclusive nature of the contract and its applicability to Wilkinson Group, as a different owner. This court has subject matter jurisdiction pursuant to 28 U.S.C....
MEMORANDUM OPINION KATZ, District Judge. This matter derives from the June 15, 2008 collision between two recreational vessels in Sandusky Bay, Lake Erie. The collision, which occurred between the forty-one foot M/V Secret Formula ("the Secret Formula"), and the smaller, twenty-foot Sea Ray vessel, ("the Sea Ray"), resulted in the death of one passenger and personal injuries to others. In the aftermath of the collision, six separate lawsuits were filed, all of which were consolidated under...
MEMORANDUM OF OPINION AND ORDER (Resolving ECF Nos. 56, 75 and 76 ) BENITA Y. PEARSON, District Judge. I. INTRODUCTION Before the Court are Plaintiff Tina Kendel's ("Kendel") Motion for Summary Judgment (as to Defendant's Counterclaim) ( ECF No. 75 ) and Motion to Dismiss Counterclaim ( ECF No. 56 ), and Defendant Local 17-A United Food and Commercial Workers' (referred to as "Local 17A") Motion for Summary Judgment (seeking judgment in its favor on the entire Complaint and judgment...
MEMORANDUM OF OPINION AND ORDER JOHN R. ADAMS, District Judge. Petitioner, Grady Brinkley ("Brinkley" or "Petitioner"), has filed a Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. 2254. (ECF 15). He challenges his conviction and sentence for the aggravated murder of Shantae Smith that were imposed by the Lucas County, Ohio Common Pleas Court. Brinkley also asserts that the Ohio death penalty statutes, R.C. 2903.01 through 2929.05, are unconstitutional. Along with the...
MEMORANDUM OPINION DONALD C. NUGENT, District Judge. This matter is before the Court on the Motion for Judgment on the Pleadings filed by Defendant, Javitch, Block & Rathbone, LLC, on September 21, 2011. (Docket #26.) On September 9, 2011, Plaintiff, Melissa Michael, filed her First Amended Complaint (Docket #22) against Defendant, asserting violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq. and State law. Plaintiff alleges that the letter Defendant...
MEMORANDUM OPINION AND ORDER SARA LIOI, District Judge. On September 30, 2010, 748 F.Supp.2d 746 (N.D.Ohio 2010), the Court issued a Memorandum Opinion and Order (Doc. No. 256) ruling on defendant's motion for summary judgment. On September 21, 2011, ruling on defendant's motion for reconsideration, the Court issued a second Memorandum Opinion and Order (Doc. No. 267) clarifying the first order. The Court is now engaged in pretrial preparation, including examination of motions in limine....
ORDER JAMES G. CARR, Senior District Judge. This is a suit by a trademark owner of branded paper towel dispensers and towels against a distributor of a different brand of paper towels. The suit arises from the fact that lessees of the plaintiff's dispensers purchase the defendant's replacement rolls for their dispensers, rather than plaintiff's more expensive replacement rolls. Plaintiffs Georgia-Pacific Consumer Products LP and Georgia-Pacific LLC [together, Georgia-Pacific] assert seven...
OPINION AND ORDER SARA LIOI, District Judge. Before the Court are five motions challenging, in one way or another, the integrity of the Indictment 1 in this case. Defendant James C. Dimora has filed a motion to dismiss Counts 3, 10, 12, 14, 22, 24, and 26 in light of Brock v. United States (Doc. No. 414) and a motion to dismiss Counts 3, 10, 12, 14, 21, 22, 24, and 26 2 as violative of Wharton's Rule (Doc. No. 415). Defendant Michael Gabor has filed a motion to dismiss Count 33 and "...
MEMORANDUM OF OPINION AND ORDER DAN AARON POLSTER, District Judge. I. BACKGROUND In the course of preparing expert testimony and exhibits for state and federal criminal trials in early 2004, Attorney Dean Boland downloaded innocent images of children from a stock photo website, then digitally modified (or "morphed") them into images of identifiable children engaged in sexually explicit conduct. Boland displayed the morphed images in courtrooms in Ohio and Oklahoma to help defend his clients...
MEMORANDUM OF ORDER AND OPINION (Resolving ECF Nos. 38, 39, 41, 42, 43) BENITA Y. PEARSON, District Judge. Plaintiff Louisiana Municipal Police Employees Retirement System individually and behalf of others who purchased publicly traded securities of Diebold Inc. filed a putative private securities fraud class action against KPMG LLP ("KPMG"), Diebold Inc. ("Diebold"), Gregory T. Geswein ("Geswein"), Kevin J. Krakora ("Krakora"), and Sandra K. Miller ("Miller") alleging violations of (1)...
ORDER SOLOMON OLIVER, JR., Chief Judge. Currently pending in the above-captioned case is Defendant America's Recovery Solutions, LLC's ("ARS" or "Defendant") Motion for Summary Judgment (ECF No. 11). For the reasons stated herein, the court denies in part and grants in part Defendant's Motion. I. FACTUAL AND PROCEDURAL HISTORY Defendant regularly engages in the collection of outstanding accounts, and has placed phone calls in an attempt to collect an alleged debt from Plaintiff Albert...
MEMORANDUM OF OPINION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT LESLEY WELLS, District Judge. This case arose when defendants Scott Huff and Thomas Connole of the City of Cleveland Police Department arrested plaintiff Judi Patrizi on charges of obstructing official business during an early morning police investigation. As a result of this arrest, Ms. Patrizi filed a three-count complaint against the above-named defendants. The first count of the complaint alleges violations...
ORDER SOLOMON OLIVER, JR., Chief Judge. Currently pending before the court in the above-captioned case are Defendants' Impact Office Products ("Defendant IOP"), Patrick Lavelle and Brian Kyle ("Defendants Kyle and Lavelle"), (collectively, referred to as "Defendants"), Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. (Defs.' Mot. to Dismiss, ECF No. 26.) On February 8, 2010, Plaintiff Office Depot, Inc. ("Plaintiff" or "Office...
ORDER JAMES G. CARR, Senior District Judge. This is a 1983 suit by present and former recipients of benefits under the Housing Choice Voucher Program of 8 of the U.S. Housing Act of 1937 ("Housing Act"), 42 U.S.C. 1437f. Defendants administer the 8 program in which the plaintiffs participate and participated. Plaintiffs claim that defendants have illegally deprived them of their property interest in the 8 Housing Choice Voucher Program without due process and in violation of...
MEMORANDUM OPINION KATZ, District Judge. This matter is before the Court on the Motions for Summary Judgement of Defendant Cannella Response Television, Inc. ("Cannella" or "Cannella Television") (Doc. No. 159) and Defendant Frank Cannella (collectively "Defendants") (Doc. No. 163) and the Motion for Partial Summary Judgment of the Receiver (Doc. No. 166), as well as the responses and replies to each. The Court notes diversity jurisdiction under 28 U.S.C. 1332 and proper venue under 28 U.S....
ORDER JAMES G. CARR, Senior District Judge. This is a products liability action brought by plaintiffs Linda and Daniel Buck (Buck), against defendant Ford Motor Company (Ford). In 2006, Linda Buck was injured when a 1999 Ford Expedition, driven by J.D. White, crashed through a wall of the bakery in which Linda Buck was working—allegedly due to an electronic malfunction that suddenly seized control of the throttle. Jurisdiction is proper under 28 U.S.C. 1332. Pending is Buck's motion to...
MEMORANDUM OPINION AND ORDER SARA LIOI, District Judge. Plaintiffs in this case are Daniel and Katherine Kovacic, who were both minors when this suit was filed. Plaintiffs allege civil rights violations against various county and city entities and individual municipal employees and seek damages resulting from the warrantless entry into their home and their temporary removal from the care and custody of their mother, Nancy Kovacic. Following appeal and remand from the Sixth Circuit Court of...
MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION This matter is before the Court on the Motion of Defendant World Wide Stationery Manufacturing Co., Ltd. ("World Wide") to Dismiss Plaintiff U.S. Ring Binder L.P.'s ("U.S. Ring") Amended Complaint ("Complaint") for failure to state a claim upon which relief may be granted (Doc. No. 26). The matter has been fully briefed (Doc. Nos. 27, 34 & 36). As part of its Motion to Dismiss, World Wide filed a Notice of...
ORDER [Resolving Docs. 71, 84] SARA LIOI, District Judge. This matter comes before the Court on the motions (Docs. 71, 84) of Defendant Daniel Cadle ("Cadle"), the judgment debtor, to quash writs of execution issued by Plaintiff Kerry Hicks ("Hicks") as the judgment creditor of a judgment entered by the United States District Court for the District of Colorado and certified in this Court. (Doc. 1.) I. Background Hicks has filed numerous praecipes for writs of execution in this matter in...
