ORDER THOMAS M. ROSE , District Judge . Upon considering Defendants' Motion To Stay Pending Transfer By Judicial Panel On Multidistrict Litigation, and any responses thereto, it is ORDERED that the Motion is GRANTED. All proceedings in this case, including consideration of any motion to remand, are STAYED until thirty days after the Judicial Panel on Multidistrict Litigation determines whether to transfer this action to an MDL proceeding and completes any transfer of the action pursuant to...
ORDER EDMUND A. SARGUS, JR. , District Judge . This matter is before the Court on Plaintiff the Ohio Operating Engineers Fringe Benefits Funds' Amended Supplemental Motion for Attorneys' Fees (the "Motion") (ECF No. 44). On November 23, 2015, the Court directed Defendant Scassa Asphalt, Inc. ("Scassa") to respond within seven days (7) showing good reason as to why the Motion should not be granted (ECF No. 46). Scassa has not filed a response. The Court, therefore, awards the Funds...
REPORT AND RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . Plaintiff brings this action pursuant to 42 U.S.C. 405(g) for judicial review of the final decision of the Commissioner of Social Security (Commissioner) denying plaintiff's applications for disability insurance benefits (DIB) and supplemental security income (SSI). This matter is before the Court on plaintiff's Statement of Errors (Doc. 26) and the Commissioner's response in opposition (Doc. 31). I. Procedural Background...
ORDER GRANTING PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY THOMAS M. ROSE , District Judge . This matter is before the Court upon Plaintiff Dayton Superior Corporation's Motion for Expedited Discovery. Based on the briefing and arguments of counsel, the Court GRANTS the Motion and ORDERS the parties to proceed with expedited discovery as follows: (1) Written responses to interrogatories and requests for admissions must be provided within five (5) days of service; (2) Responsive...
DECISION AND ENTRY WALTER HERBERT RICE , District Judge . The Court has conducted a de novo review of the Report and Recommendations of Chief United States Magistrate Judge Sharon L. Ovington (Doc. #10), 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...
DECISION AND ENTRY OVERRULING PLAINTIFF'S MOTION FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTION (DOC. #184) WALTER H. RICE , District Judge . This matter is currently before the Court on Plaintiff's Motion for Declaratory Judgment and Permanent Injunction. Doc. #184. For the reasons stated below, that motion is overruled in its entirety. I. Background and Procedural History Plaintiff, Miami Valley Fair Housing Center, Inc., brought suit against The Connor Group, alleging that an...
DECISION AND ENTRY OVERRULING AS MOOT DEFENDANT'S MOTION IN LIMINE NO. 1 TO EXCLUDE ARGUMENTS, STATEMENTS AND EVIDENCE RELATING OR REFERRING TO "VICTIMS" OF THE CONNOR GROUP'S ADVERTISING PRACTICES (DOC. #186), DEFENDANT'S MOTION IN LIMINE NO. 2 TO EXCLUDE OTHER ADVERTISEMENT EVIDENCE (DOC. # 187), AND DEFENDANT'S MOTION IN LIMINE NO. 3 TO EXCLUDE EVIDENCE OF ANY OTHER COMPLAINTS REGARDING THE CONNOR GROUP'S ADVERTISING AND ADVERTISING PRACTICES (DOC. # 188); OVERRULING DEFENDANT'S MOTION...
REPORT AND RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . Plaintiff Great American Insurance Company brings this interpleader action against numerous corporate defendants. On October 28, 2015, plaintiff moved the Court for an order requiring the following corporate defendants who have not entered an appearance through counsel to do so or have default judgment entered against them: Apex Capital Corp. o/b/o National Express Carriers, Inc.; Genex Express Enterprises, Inc.; Webb Farm...
DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT PURSUANT TO 18 U.S.C. 3282(a) (DOC. #32); MOTION FOR EVIDENTIARY HEARING OVERRULED, WITHOUT PREJUDICE TO RENEWAL, AS PREMATURE WALTER H. RICE , District Judge . The Motion of the Defendant, seeking an order of the Court dismissing the Indictment against him due to the failure of the Government to file the instant action within five years following the commission of the crime, said Motion filed pursuant to 18 U.S.C....
REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN , Magistrate Judge . Plaintiff Steve Mullins filed this Social Security appeal in order to challenge the Defendant's finding that he is not disabled. See 42 U.S.C. 405(g). Proceeding through counsel, Plaintiff presents four claims of error for this Court's review. As explained below, I conclude that the ALJ's finding of non-disability should be AFFIRMED, because it is supported by substantial evidence in the administrative record. I....
ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 5) WALTER HERBERT RICE , District Judge . The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. 5), to whom this case was 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 Recommendation. Accordingly, it is hereby ORDERED...
ORDER WALTER HERBERT RICE , District Judge . This matter came before the Court for hearing on November 20, 2015 before Chief United States Magistrate Judge Sharon L. Ovington, who thereafter issued a Report and Recommendations. (Doc. #27). Having conducted a full colloquy with Defendant Sydnee M. Todd the Magistrate Judge concluded that Defendant's plea of guilty is knowing, intelligent, and voluntary, and that there is an adequate factual basis for a finding of guilty as to Count 1 of the...
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (DOC. #44) IN THEIR ENTIRETY; PLAINTIFF'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. #45) OVERRULED; THIRD MOTION FOR RELIEF FROM JUDGMENT (DOC. #43) OVERRULED WALTER H. RICE , District Judge . For reasons more than adequately set forth by the United States Magistrate Judge in his March 2, 2015, Report and Recommendations (Doc. #44) and, further, by the Magistrate Judge in Plaintiff's many other...
AGREED DISMISSAL ORDER GREGORY L. FROST , District Judge . NOW COME, the parties, by counsel, and represent to the Court that all claims of the Plaintiff against The Estate of Michael M. Vaughn, all claims of the Plaintiff against Tri-State Wireline, LLC, and all claims of the Plaintiff against Government Employees Insurance Company have been settled and compromised. Having been so advised, this Court dismisses this action, with prejudice, as against The Estate of Michael M. Vaughn, Tri-...
ORDER ADOPTING REPORT AND RECOMMENDATIONS TIMOTHY S. BLACK , District Judge . The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. 45), to whom this case was 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, and for good cause shown upon the Court's de novo review, hereby ADOPTS said Report and...
REPORT AND RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . Plaintiff Angela Underwood brings this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) for judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying plaintiff's application for disability insurance benefits ("DIB") and supplemental security income ("SSI"). This matter is before the Court on plaintiff's statement of errors (Doc. 10) and the Commissioner's response in...
DECISION AND ENTRY SUSTAINING MOTION OF PRAXAIR, INC. (DOC. #3 IN CASE NO. 3:15CV397), TO CONSOLIDATE CAPTIONED CAUSES; SCHEDULING ORDER OF NOVEMBER 10, 2015 (DOC. #11 IN CASE NO. 3:15CV277) TO BE FOLLOWED IN CONSOLIDATED CASES WALTER H. RICE , District Judge . Pursuant to a discussion held between Court and counsel, during a telephone conference held upon the record on December 22, 2015, Praxair, Inc.,'s Motion to Consolidate the captioned causes (Doc. #3 in Case No. 3:15cv397) is...
ORDER THOMAS M. ROSE , District Judge . Upon considering Defendants' Motion To Stay Pending Transfer By Judicial Panel On Multidistrict Litigation, and any responses thereto, it is ORDERED that the Motion is GRANTED. All proceedings in this case, including consideration of any motion to remand, are STAYED until thirty days after the Judicial Panel on Multidistrict Litigation determines whether to transfer this action to an MDL proceeding and completes any transfer of the action pursuant to...
ORDER EDMUND A. SARGUS, Jr. , Chief District Judge . On November 30, 2015, the Magistrate Judge issued a Report and Recommendation [ECF No. 99] recommending that the Court deny Plaintiff's motion for an immediate injunction [ECF No. 63]. The Report and Recommendation advised the parties that failure to object within fourteen (14) days would result in a waiver of review. The time period for objections has run and no party has objected. Accordingly, the Report and Recommendation [ECF No....
OPINION AND ORDER EDMUND A. SARGUS, Jr. , District Judge . This matter is before the Court on the Motion for Judgment on the Pleadings [ECF No. 53] filed by Defendant Bakers Union Local #57 ("Bakers"). Also before the Court is Plaintiff G. Thomas Ruff's ("Plaintiff") Motion for Leave to File a Surreply ("Motion for Leave") [ECF No. 58], Plaintiff's three most recent motions for default judgment [ECF Nos. 63, 64, 65], and Plaintiff's Motion for Order to Deny Defendants' Memoranda in...
