ENTRY AND ORDER DENYING MOVANT ROBERT GARRETT'S MOTION TO SET ASIDE DEFAULT JUDGMENT AND DECREE OF FORFEITURE. THOMAS M. ROSE, District Judge. Pending before the Court is Movant Robert Garrett's Motion to Set Aside Default Judgment and Decree of Forfeiture (Doc. 23). Because the Court no longer has jurisdiction over Defendant vehicles and because Movant lacks standing to challenge the entry of default judgment against the 34 firearms and ammunition, the Motion will be denied. I. Background...
ENTRY AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. 45), DENYING PLAINTIFF JEFF GILLMAN'S MOTION FOR PARTIAL SUMMARY JUDGMENT, (Doc. 52) AND ORDERING CLERK TO STRIKE PLAINTIFF JEFF GILLMAN'S MOTION FOR PARTIAL SUMMARY JUDGMENT. (Doc. 51). THOMAS M. ROSE, District Judge. Pending before the Court are two motions: Defendants' Motion for Summary Judgment (Doc. 45) and Plaintiff Jeff Gillman's Motion for Partial Summary Judgment (Doc. 52). 1 Defendants' Motion for...
DECISION AND ENTRY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING IN PART (Doc. 19) TIMOTHY S. BLACK, District Judge. This civil case is presently before the Court on the Motion of Defendants, ALZA Corporation ("ALZA") and Sandoz, Inc. ("Sandoz"), requesting summary judgment on all of Plaintiff's claims pursuant to Fed. R.Civ.P. 56. (Doc. 19). Plaintiff filed a Response to Defendants' Motion (Doc. 46) and Defendants filed a Reply Memorandum. (Doc. 48). The matter is...
ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. 21) BE GRANTED TIMOTHY S. BLACK, District Judge. This civil action is before the Court on Plaintiffs motion for summary judgment (Doc. 21) and the parties' responsive memoranda (Docs. 33, 35). I. BACKGROUND Plaintiff moves for summary judgment on its complaint 1 and Defendant Chicago Title Insurance Company's ("CTIC") counterclaim. 2 This case is about the parties respective rights and obligations under a title insurance policy....
OPINION AND ORDER EDMUND A. SARGUS, JR., District Judge. This matter is before the Court on the Defendants' Motion to Dismiss for Lack of Jurisdiction (D.E. 4). For the reasons that follow, the motion is denied. Additionally, the decision of the United States Citizenship and Immigration Services, dated March 28, 2010, denying the naturalization application of Anwer Omar, is vacated as ultra vires. I. Background Plaintiff Anwer Omar brings this action for mandamus and declaratory relief...
MEMORANDUM OPINION AND ORDER JOHN D. HOLSCHUH, District Judge. Korey Stringer ("Stringer"), a football player for the Minnesota Vikings ("Vikings"), suffered a heat stroke and died during the Vikings' July 2001 training camp. Plaintiff Kelci Stringer ("Plaintiff"), Stringer's wife and the executor of his estate, brings this wrongful death/survivorship action against, among others, the All American Sports Corporation and Riddell, Inc. (collectively, "Defendants"), and alleges that Defendants'...
OPINION AND ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on Defendants Detective Roger Kelly and Sheriff Matt Lutz's Motion for Summary Judgment for Qualified Immunity (Doc. 32) and Plaintiff Corey Offineer's Cross Motion for Partial Summary Judgment Against Defendant Kelly—Fifth Amendment Violations (Doc. 45). For the reasons discussed below, Defendants' Motion is GRANTED in part and DENIED in part, and Plaintiff's Cross Motion is DENIED....
OPINION AND ORDER EDMUND A. SARGUS, JR., District Judge. Plaintiff Dana J. Miller, who is proceeding pro se, is (or was) a resident homeowner in Delaware County, Ohio. His original Complaint was filed on August 3, 2009; however, on September 28, he moved for an extension of time to file an amended complaint, which led to his filing of the present Amended Complaint (Doc. 19) on October 19, 2009, 1 naming the same defendants less two "John Does" who had been included in the original...
OPINION AND ORDER MICHAEL H. WATSON, District Judge. Plaintiff Jason Shugart brings suit against Defendants Ocwen Loan Servicing, LLC ("Ocwen") and Paymap Inc. Plaintiff also sues credit reporting agencies Experion Information Solutions, Inc., Equifax Information Services, LLC, and Trans Union, LLC (collectively, "Credit Reporting Agencies"). Plaintiffs claims arise out of Ocwen's servicing of Plaintiffs mortgage and note, Ocwen's reporting of information related to Plaintiffs mortgage and...
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT SUSAN J. DLOTT, Chief Judge. This matter is before the Court on Defendant Hamilton County Board of Health's Motion for Summary Judgment. (Doc. 27.) Plaintiff, Tyree Sherrer, brought this action against Defendant, her former employer, alleging that it violated her rights under the Americans with Disabilities Act ("ADA" or "the Act"). Sherrer claims that Defendant disclosed her confidential medical information without...
ORDER TIMOTHY S. HOGAN, United States Magistrate Judge. Before the Court is James R. Schmalz and AFB, Inc.'s Motion for Summary Judgment Against Plaintiff J & J Sports Productions, Inc. (Doc. 60), Plaintiff J & J Sports Productions, Inc.'s Brief in Opposition to Defendants' James R. Schmalz and AFB, Inc.'s Motion for Summary Judgment (Doc. 63), Defendants' Response to Plaintiffs' Brief in Opposition to Motion for Summary Judgment (Doc. 68). Also before the Court is Plaintiff J & J Sports...
ORDER THAT DEFENDANT'S MOTION TO DISMISS (Doc. 16) BE DENIED TIMOTHY S. BLACK, District Judge. This civil action is currently before the Court on Defendant's motion to dismiss (Doc. 16) and the parties' responsive memoranda (Docs. 18, 19). Defendant McDermott Will & Emery LLP ("MWE") asserts three grounds for dismissal pursuant to Federal Rules of Civil Procedure 8(a) and 12(b)(6): (1) the Trust's claims are time-barred to the extent they arise out of MWE's representation of Antioch with...
DECISION AND ENTRY GRANTING DEFENDANT'S MOTION TO DISMISS (Doc. 29) TIMOTHY S. BLACK, District Judge. This civil action is before the Court on the Motion to Dismiss (Doc. 29) filed by Defendant, the Procter & Gamble Company ("P & G"). P & G contends that the Consolidated Amended Class Action Complaint (Doc. 22) (the "Complaint") fails to state a claim upon which relief can be granted. P & G's position is that Plaintiffs assert claims under the Food, Drug & Cosmetics Act, 21 U.S.C. 301, et...
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 31); and (2) GRANTING PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS (Doc. 26) TIMOTHY S. BLACK, District Judge. This civil action is before the Court upon the Report and Recommendations (Doc. 31) of United States Magistrate Judge Timothy S. Hogan regarding Plaintiff's motion for judgment as a matter of law (Doc. 26) and responsive memoranda (Docs. 27, 29). Subsequently, Defendant...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT SUSAN J. DLOTT, Chief Judge. This matter is before the Court on Defendants' Motion for Summary Judgment. (Doc. 22.) Plaintiff Jeanne Spencer brought this action against her former employer, National City Bank ("National City" or the "Bank"), and its parent company, The PNC Financial Services Group, Inc. (collectively, "Defendants") asserting claims for age discrimination in violation of the Age Discrimination...
ENTRY AND ORDER GRANTING DEFENDANTS' MOTION TO REMAND (Doc. #4); REMANDING THIS CASE TO THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, OHIO; ORDERING THIRD-PARTY DEFENDANT TO PAY THE COSTS AND EXPENSES INCURRED BY DEFENDANTS AS A RESULT OF REMOVAL; AND TERMINATING THIS CASE ON THE DOCKET RECORDS OF THIS COURT THOMAS M. ROSE, District Judge. Now before the Court is Defendants' Sharon and Michael Leonard ("the Leonards") Motion To Remand. (Doc. #4.) This Motion is now fully briefed and ripe...
ORDER GRANTING SUMMARY JUDGMENT SUSAN J. DLOTT, Chief Judge. This matter is before the Court on Ford Motor Company's Motion for Summary Judgment (doc. 18). Plaintiff Jami L. Coffman filed this suit against her former employer, Defendant Ford Motor Company ("Ford"), on the grounds that Ford terminated her employment to retaliate against her for taking medical leave in violation of the Family and Medical Leave Act ("FMLA"). Ford moves for summary judgment on the merits and on the basis of the...
OPINION AND ORDER MARK R. ABEL, United States Magistrate Judge. Plaintiff Dr. Sheryl L. Szeinbach ("Szeinbach") has brought this action alleging claims against Defendant The Ohio State University ("OSU") under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., for retaliation and for discrimination and retaliation by association. This matter is before the Court on OSU's motion for summary judgment (Doc. 122). Introduction and factual background. The following facts are...
MEMORANDUM OPINION AND ORDER JOHN D. HOLSCHUH, District Judge. Following his conviction for disorderly conduct, Plaintiff Dustin McCoy filed suit under 42 U.S.C. 1983 against his arresting officers, Defendants Andrew Burns and R. Matt Jones. Plaintiff seeks recovery for violations of his constitutional rights which allegedly occurred during the course of his arrest. This matter is currently before the Court on Defendants' motion for summary judgment. (Doc. # 19). For the reasons that...
ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SUSAN J. DLOTT, Chief Judge. This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment (doc. 30) and Defendants' Motion for Summary Judgment (doc. 29). Plaintiff Paul Perrea, a teacher for Defendant Cincinnati Public Schools ("CPS"), challenges the constitutionality of CPS guidelines that require CPS to try to maintain...
