STIPULATED PERMANENT INJUNCTION, CONSENT JUDGMENT, AND DISMISSAL WITH PREJUDICE MICHAEL R. BARRETT, District Judge. This matter is before the Court on the stipulated motion of Plaintiff, Lexmark International, Inc. ("Lexmark") and John Doe Defendant Fanelli Boys, Inc., which has a place of business at 656 7th Street, Parkersburg, West Virginia 26101 ("Fanelli"), for entry of Stipulated Permanent Injunction, Consent Judgment and Dismissal With Prejudice, having agreed to a compromise and...
STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT TIMOTHY S. BLACK, District Judge. WHEREAS, Plaintiffs Dino Rikos, Tracey Burns, and Leo Jarzembrowski ("Plaintiffs") and Defendant The Procter & Gamble Company ("Defendant") (collectively "Parties") believe that certain information may be sought through discovery requests or otherwise in the above-entitled action that will involve the disclosure of commercially sensitive, business proprietary, and confidential information, including...
STIPULATION AND ENTRY OF DISMISSAL TIMOTHY S. BLACK, District Judge. Pursuant to the settlement agreement reached by the parties on October 10, 2012, Plaintiffs John Sinclair, Allan Straughn, and Dollie Straughn, by counsel, and Defendants Bank of America, N.A., and BAC Home Loans Servicing, LP, by counsel, hereby stipulate to the following: 1. Plaintiffs' claims against Bank of America, N.A. and BAC Home Loans Servicing, LP are dismissed with prejudice. 2. Defendants' counterclaims against...
OPINION AND ORDER EDMUND A. SARGUS, JR., District Judge. Plaintiff, Timothy Hupp ("Timothy"), was born on June 10, 1997. He resides with his parents, Plaintiffs Jacqueline and Timothy Hupp, in Woodsfield, Ohio. Timothy has been diagnosed with attention-deficit hyperactivity disorder ("ADHD") and Asperger's Syndrome, a developmental disorder that manifests traits similar to autism. Children with Asperger's Syndrome have difficulties with social interaction, and have restrictive and fixative...
STIPULATED JUDGMENT THOMAS M. ROSE, District Judge. I. Introduction The Plaintiffs in this action are Miami Valley Fair Housing Center, Inc. and Metropolitan Milwaukee Fair Housing Council, Inc., both of which are non-profit community organizations, and Plaintiff National Fair Housing Alliance, Inc. ("NFHA"), a national alliance of private, non-profit, fair housing organizations (collectively "Plaintiffs"). NFHA has no member fair housing organization operating in the Kansas City,...
OPINION AND ORDER GEORGE C. SMITH, District Judge. This case involves a constitutional challenge to the Ohio Dangerous Wild Animals and Restricted Snakes Act, Ohio Revised Code 935.01 — 935.99. This matter is before the Court on Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 3). The briefing has been completed and an evidentiary hearing was held December 10-12, 2012. The parties agree that all the necessary facts and evidence, as well as the...
OPINION AND ORDER GREGORY L. FROST, District Judge. This matter is before the Court on Defendants' motion to dismiss Plaintiff's complaint and to strike Plaintiff's class action claims. (ECF No. 24.) Also before the Court are Plaintiff's opposition to Defendants' motion (ECF No. 31) and Defendants' reply in support of their motion (ECF No. 33). The Court GRANTS IN PART AND DENIES IN PART Defendants' motion. As more fully described below, the Court (1) finds that part of Plaintiff's...
PLAINTIFF GERLING & ASSOCIATES, INC. AND DEFENDANT GEARHOUSE BROADCAST PTY, LTD.'S FINAL PRETRIAL ORDER MARK R. ABEL, Magistrate Judge. I. APPEARANCES For Plaintiff Gerling & Associates, Inc. ("G&A"): Steven E. Hillman, Esq. For Defendant Gearhouse Broadcast PTY, Ltd. ("Gearhouse"): Wm. Joseph Baker, Esq. and John J. Roszczyk, Esq. II. NATURE OF ACTION A. This is an action by G&A, which sets forth a claim for declaratory judgment, and by Gearhouse, which sets forth a counterclaim...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT SUSAN J. DLOTT, Chief Judge. Plaintiffs claim that the Ohio Code of Judicial Conduct Rule that prohibits judicial candidates from personally soliciting campaign contributions except in writing or when speaking to groups of twenty or more individuals violates their rights under the First Amendment. Defendants 1 move for summary...
AGREED PROTECTIVE ORDER NORAH McCANN KING, Magistrate Judge. Pursuant to Rule 26(c)(1) of the Federal Rules of Civil Procedure and the stipulation of the Parties, the Court enters this Protective Order. It is hereby ORDERED THAT: (1) Designation of Confidential Material. Any Party to this lawsuit (individually, a "Party," and collectively the "Parties") may designate any items or information produced by her or it, or produced by a non-party agent in possession of her or its information,...
ORDER MICHAEL J. NEWMAN, United States Magistrate Judge. This is a Class A misdemeanor case for which Defendant Rance Carr consented to entry of final judgment and sentencing before a United States Magistrate Judge. On July 23, 2012, a Bill of Information charged Defendant with five counts of violating the Assimilative Crimes Act ("ACA"), 18 U.S.C. 7 and 13, 1 as assimilating the Ohio Revised Code ("O.R.C."): Count One — aggravated menacing in violation of O.R.C. 2903.21; Count Two —...
OPINION & ORDER ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on Defendant Savana, Inc.'s ("Savana") Motion to Dismiss the Amended Complaint Pursuant to Rules 12(b)(2), 12(b)(3), and 12(b)(6) of the Federal Rules of Civil Procedure ("Motion"). (Doc. 34.) For the reasons stated below, Defendant's Motion is GRANTED in part and DENIED in part. II. BACKGROUND In May 2008, Plaintiff, The Opportunity Fund, LLC ("Opportunity Fund"), an Ohio company,...
OPINION AND ORDER TERENCE P. KEMP, United States Magistrate Judge. This case is before the Court to consider the motion to compel filed by plaintiff Waite, Schneider, Bayless & Chesley Co. L.P.A. (the Firm). Defendant Allen L. Davis has opposed the motion and the motion has been fully briefed. For the following reasons, the motion to compel will be denied. I. Background The Firm filed this collection case against Mr. Davis seeking the recovery of legal fees incurred in connection with...
MOTION AND ORDER TO UNSEAL INDICTMENT STEPHANIE K. BOWMAN, Magistrate Judge. The United States respectfully requests that the Court unseal the Indictment and any other pleadings in the above-numbered case. IT IS ORDERED that the Indictment and any other pleadings in the above-numbered case shall now be unsealed.
MOTION AND ORDER TO SEAL INDICTMENT, ARREST WARRANT, THIS MOTION AND ORDER KAREN L. LITKOVITZ, Magistrate Judge. The United States respectfully requests that the Court seal the Indictment, Arrest Warrant, this Motion and Order, and any other pleadings in the above-numbered case. The reason in support thereof is the risk of flight the defendant presents. IT IS ORDERED that the Indictment, Arrest Warrant, this Motion and Order, and any other pleadings in the above-numbered case shall now be...
UNITED STATE'S MOTION TO SEAL CASE STEPHANIE K. BOWMAN, Magistrate Judge. The United States Attorney respectfully requests that the Complaint, Affidavit, Arrest Warrant, and all related documents filed herewith and in the future, be kept and filed under seal and that no person shall disclose their existence until further order of the Court. As grounds for the instant motion, the United States Attorney states that disclosure of said documents could endanger the safety of co-operating...
PROTECTIVE ORDER MICHAEL J. NEWMAN, Magistrate Judge. Upon application of the parties and for good cause shown, the Court hereby enters the following Protective Order pursuant to Rule 26(c), Federal Rules of Civil Procedure, as follows: 1. Any document (as the term is defined in Fed. R. Civ. P. 34), electronically stored information ("ESI"), interrogatory answer, deposition testimony, or other information, or any portion thereof, produced through formal or informal pretrial discovery in the...
ENTRY AND ORDER GRANTING ALDRICH'S MOTION FOR SUMMARY JUDGMENT (Doc. #20); OVERRULING KUMAR'S MOTION TO STRIKE (Doc. #41) AS MOOT AND TERMINATING THIS CASE THOMAS M. ROSE, District Judge. Plaintiff Dr. Shiv Kumar, Ph.D. ("Kumar") claims that his former employer, Defendant Aldrich Chemical Co., Inc. ("Aldrich"), discriminated against him. Count I of Kumar's Complaint alleges that Aldrich discriminated against him due to his age in violation of the Age Discrimination In Employment Act ("ADEA")....
OPINION AND ORDER NORAH McCANN KING, United States Magistrate Judge. This is an employment action in which plaintiff alleges that defendant violated plaintiff's rights under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. 2601 et seq., by using FMLA-protected leave as a factor in disciplining plaintiff and ultimately terminating his employment and by retaliating against plaintiff for his exercise of his rights under the FMLA. Plaintiff also asserts supplemental state law claims of...
STIPULATED PROTECTIVE ORDER NORAH McCANN KING, Magistrate Judge. Plaintiff Jay VanArnhem ("Plaintiff") and Defendant Honda of America, Mfg., Inc., ("Defendant") by and through their respective counsel, hereby stipulate and agree to entry of the attached proposed Protective Order in the above-captioned matter. SO STIPULATED: STIPULATED PROTECTIVE ORDER Defendant Honda of America, Mfg., Inc., ("Defendant") and Plaintiff Jay VanArnhem ("Plaintiff") have asked the Court to enter a...
