ORDER JAMES G. CARR, Senior District Judge. This is a declaratory judgment action by Catholic Health Partners (CHP) and Mercy Health System — Northern Region d/b/a/ Mercy Health Partners (MHS) against CareLogistics, LLC (CareLogistics). Plaintiffs operate healthcare facilities across Ohio and contracted with CareLogistics to provide patient-flow software and maintenance. Plaintiffs seek to terminate their agreement and request that declaratory relief require parties to submit to binding...
ORDER JOHN R. ADAMS, District Judge. This matter is before the Court on the parties cross motions for judgment on the administrative record, Documents 17 and 18, and Defendant Metropolitan Life Insurance Company's motion for summary judgment on its counter-claim for repayment of overpayment of benefits to Plaintiff Arquilla-Romeo, Document 18. The motions are fully briefed and ripe for review. I. Introduction This action arises under the Employee Retirement Income Security Act of 1974 ("...
MEMORANDUM OPINION AND ORDER WILLIAM H. BAUGHMAN, JR., United States Magistrate Judge. Introduction Before me 1 is an action under 42 U.S.C. 405(g) by Marilyn Allums for judicial review of the final decision of the Commissioner of Social Security denying her application for disability insurance benefits. 2 The Commissioner has answered 3 and filed the transcript of the administrative proceeding. 4 Under my initial 5 and procedural orders, 6 the parties have briefed their...
Memorandum of Opinion & Order PATRICIA A. GAUGHAN, District Judge. Introduction This matter is before the Court upon defendant's Motion to Dismiss for lack of subject matter jurisdiction (Doc. 10). This action is brought under Federal Tort Claims Act (FTCA). For the following reasons, the motion is GRANTED IN PART and DENIED IN PART. Plaintiff's claims for negligence and loss of consortium are DISMISSED. Plaintiff's claim for wrongful death remains pending. Facts Plaintiff, Mary Daniel,...
MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION Pending before the Court is Defendant Patrick Hammond's Motion to Suppress Evidence and the Government's response (Docs. 14-15). This Court held a suppression hearing where the Government offered the testimony of three witnesses (Ohio State Highway Patrol Sergeant Wyckhouse, Lake Township Police Sergeant Simms, and Ohio State Highway Patrol Sergeant Ashenfelter) and exhibits (ECF 10/18/13). For the following reasons,...
MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. INTRODUCTION Plaintiffs, a mother and daughter from Mexico now living in Ohio, bring claims under the Federal Tort Claims Act ("FTCA") against the United States, in connection with a September 2009 questioning and subsequent administrative detention by the U.S. Border Patrol for remaining in the United States illegally. This case is related to a civil rights suit brought as a class action in this Court and dismissed in November...
MEMORANDUM OF OPINION AND ORDER DAN AARON POLSTER, District Judge. Pending before the Court is Defendant GE Healthcare's motion for a new trial, to alter or amend the judgment, and for remittitur ( Doc. #: 271 ). For the reasons to follow, the motion is DENIED. I. Background On September 2, 2005, Plaintiff Paul Decker was injected with a gadolinium-based contrast dye developed and sold by GE Healthcare, Inc. ("GEHC"). Such dyes are used in conjunction with magnetic-resonance-imaging...
MEMORANDUM OPINION AND ORDER SARA LIOI, District Judge. On or about August 7, 2009, defendant City of Cleveland (the "City") demolished a building owned by plaintiff Embassy Realty Investments, Inc. ("Embassy"), after finding various housing violations that purportedly rendered the property a nuisance. This matter comes before the Court upon the motion of defendants, the City, Edward Rybka, Ronald O'Leary, Timothy Wolosz, David Cooper, Joseph Denk, Sr., and Peter Stewart (collectively "...
OPINION & ORDER [Resolving Docs. 1, 17, 18, 19] JAMES S. GWIN, District Judge. Magistrate Judge Vernelis K. Armstrong recommends this Court affirm the Social Security Commissioner's denial of disability insurance benefits and supplemental security income to Plaintiff Belinda Henry. 1 Because substantial evidence supported the Administrative Law Judge's (ALJ's) conclusions and the ALJ did not abuse her discretion, the Court ADOPTS the recommendations of the Magistrate Judge and AFFIRMS...
OPINION & ORDER [Resolving Doc. No. 1 & 13 ] JAMES S. GWIN, District Judge. On December 4, 2012, Johnnie Cook filed a petition under 28 U.S.C. 2254 to vacate his state convictions for, among other things, aggravated murder and aggravated burglary. 1 He also moved to stay the federal habeas proceedings so that he could exhaust his remedies in state court, and to amend his petition. 2 This Court referred the petition and the accompanying motions to Magistrate Judge James Knepp II for a...
ORDER JAMES G. CARR, Sr., District Judge. This suit, involving ownership of a 1954 Kaiser Darrin automobile, arises under federal and state law. 1 Pending is a motion by the defendants Jack White and Allan G. Sobb, Executors of the Estate of Beatrice Sobb (Sobb defendants), to dismiss. (Doc. 15). For the reasons that follow, I deny the motion. Background 2 Al Sobb Sr., now deceased, transferred title to the Darrin to his wife, Beatrice M. Sobb, who bequeathed the vehicle to her son,...
ORDER JAMES G. CARR. Sr., District Judge. This is a social security disability case in which the plaintiff, following remand, which the Commissioner had requested, was granted benefits, including a back award. Now pending is her attorney's application for an award of fees. (Doc. 20), 1 For the reasons that follow, I grant the fee application in part and deny it in part. Plaintiff and her attorney have a fee agreement that counsel will receive twenty-five percent of the amount of any back...
OPINION AND ORDER CHRISTOPHER A. BOYKO, District Judge. This matter comes before the Court upon Plaintiff's Objection (ECF DKT # 18) to the Report and Recommendation (ECF DKT #16) of Magistrate Judge Limbert who recommended that the Court affirm the Commissioner's decision denying Plaintiff's Claim for Supplemental Security Income ("SSI"). For the following reasons, the Court ADOPTS Magistrate Judge Limbert's Report and Recommendation and AFFIRMS the Commissioner's denial of Plaintiff's Claim...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE GEORGE J. LIMBERT, Magistrate Judge. Larry White, Jr. ("Plaintiff") seeks judicial review of the final decision of Carolyn Colvin ("Defendant"), Commissioner of the Social Security Administration ("SSA"), denying his application for Supplemental Security Income ("SSI"). ECF Dkt. #1. For the following reasons, the undersigned recommends that the Court AFFIRM the Commissioner's decision: I. PROCEDURAL AND FACTUAL HISTORY On June 24, 2009,...
ORDER JEFFREY J. HELMICK, District Judge. INTRODUCTION Before me is the motion of Defendant IAC Huron, LLC, for summary judgment pursuant to Rule 56(b). (Doc. No. 24). Plaintiff Sonya Welch filed a memorandum in opposition. (Doc. No. 26). IAC filed a reply memorandum. (Doc. No. 27). For the reasons stated below, IAC's motion is denied. BACKGROUND Welch began working at the Lear Corporation's Huron plant in 1997, and continued working at that location after IAC purchased the plant in 2007....
MEMORANDUM OPINION AND ORDER JEFFREY J. HELMICK, District Judge. Before me is defendant Francisco Rodriguez's motion to suppress in which he claims the affidavits supporting the two search warrant applications contained false assertions. Mr. Rodriguez requests a hearing pursuant to Franks v. Delaware on the warrants' validity. 438 U.S. 154 (1978). For the reasons stated herein, I deny the motion to suppress and the request for a hearing. Background DEA Task Force Agent Mark Apple...
MEMORANDUM OPINION & ORDER KENNETH S. McHARGH, Magistrate Judge. This case is before the Magistrate Judge pursuant to the consent of the parties. (Doc. 17). The issue before the undersigned is whether the final decision of the Commissioner of Social Security (the "Commissioner") denying Victoria Boudewyns-Balla's applications for a Period of Disability and Disability Insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. 416(i) and 423, and Supplemental Security...
MEMORANDUM OPINION AND ORDER JAMES R. KNEPP, II, Magistrate Judge. INTRODUCTION Plaintiff Margarita Mercado filed a complaint against the Commissioner of Social Security seeking judicial review of the decision to deny Disability Insurance Benefits (DIB). The district court has jurisdiction under 42 U.S.C. 405 (g). The parties consented to the undersigned's exercise of jurisdiction in accordance with 28 U.S.C. 636(c) and Civil Rule 73. (Doc. 14). For the reasons stated below, the Court...
ORDER JAMES G. CARR, Sr., District Judge. This is a criminal case which was referred to United States Magistrate Judge James R. Knepp II for the taking, on consent of the parties, of a plea of guilty. The Magistrate Judge has filed his Report & Recommendation; no objection has been filed. I have read the transcript and reviewed the Magistrate Judge's Report & Recommendation, and find that in his careful and thorough proceeding, the Magistrate Judge satisfied all requirements of Fed. R. Crim....
Report & Recommendation JAMES R. KNEPP, II, Magistrate Judge. Pursuant to General Order 99-49, this matter having been referred to United States Magistrate Judge Knepp for purposes of receiving, on consent of the parties, the defendant's offer of a plea of guilty, conducting the colloquy prescribed by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared, referring the matter, if appropriate, for pre-sentence investigation, and submitting a Magistrate Judge's Report...
