Campbell v. Jenkins, 2:15-cv-1702. (2016)

SECOND SUPPLEMENTAL MEMORANDUM OPINION MICHAEL R. MERZ , Magistrate Judge . This capital habeas corpus case is before the Court on Petitioner's Objections ("Objections," ECF No. 51) to the Magistrate Judge's Amendment and Supplement to Second Transfer Order ("Order," ECF No. 50)(reported at 2017 U.S. Dist. LEXIS 36305 (S.D. Ohio Mar. 14, 2017). The Warden has responded (Response, ECF No. 53) and Judge Rice has recommitted the matter for further analysis by the Magistrate Judge before...

Superior Fibers LLC v. Shaffer, 2:16-cv-00472. (2016)

OPINION & ORDER ALGENON L. MARBLEY , District Judge . This matter is before the Court on two motions: Plaintiff's Motion to Remand and Demand for Attorney's Fees (Doc. 6), and Defendant's Motion for Judgment on the Pleadings. (Doc. 3.) For the following reasons, the Court DENIES Plaintiff's Motion to Remand and Demand for Attorney's Fees, and DENIES Defendant's Motion for Judgment on the Pleadings. I. BACKGROUND This case arises from the alleged misuse of Plaintiff's trade secrets...

DeHart v. Colvin, 3:15-cv-446. (2016)

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES CHIEF MAGISTRATE JUDGE (DOC. #14) IN THEIR ENTIRETY; OBJECTIONS OF PLAINTIFF DONALD DEHART (DOC. #15) TO SAID JUDICIAL FILING ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT CAROLYN W. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, REVERSING THE COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND...

Mitsui Sumitomo Insurance USA, Inc. v. Maxum Trans, Inc., 3:16-cv-191. (2016)

DECISION AND ENTRY DISMISSING ALL CLAIMS AGAINST DEFENDANT MAXUM TRANS, INC., WITHOUT PREJUDICE FOR LACK OF SERVICE OF PROCESS; SUSTAINING IN PART MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANT BUCKEYE TRANSPORTATION, INC. (DOC. #7); DISMISSING CARMACK AMENDMENT CLAIM (COUNT I) ON THE MERITS; DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIMS; JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF; TERMINATION ENTRY WALTER H. RICE , District Judge . On May 18,...

Montgomery v. Warden, Warren Correctional Institution, 3:16-cv-89. (2016)

DECISION AND ENTRY OVERRULING PETITIONER RODERICK T. MONTGOMERY'S OBJECTIONS (DOC. #8, 11) TO THE REPORT AND RECOMMENDATIONS (DOC. #7) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #10) OF MAGISTRATE JUDGE MICHAEL R. MERZ; ADOPTING SAID REPORTS AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE IN FULL; DISMISSING WITH PREJUDICE MONTGOMERY'S PETITION UNDER 28 U.S.C. 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (DOC. #1); MONTGOMERY IS DENIED A CERTIFICATE OF APPEALABILITY; ANY...

Washington v. Colvin, 3:15-cv-367. (2016)

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #11) IN THEIR ENTIRETY; OBJECTIONS OF PLAINTIFF DAN WASHINGTON, JR. (DOC. #12), AND OBJECTIONS OF DEFENDANT CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, (DOC. #13) TO SAID JUDICIAL FILING ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST COMMISSIONER, REVERSING COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE...

Ray v. Caliber Home Loans, Inc., 3:16-cv-364. (2016)

DECISION AND ENTRY ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #29); DEFENDANT NATIONSTAR MORTGAGE, LLC'S FED. R. CIV. P. 12(b)(6) MOTION TO DISMISS (DOC. #10) IS SUSTAINED; PLAINTIFFS JAMES RAY AND PATRICIA RAY'S CLAIMS OF FRAUD (COUNT I) AND VIOLATION OF OHIO REVISED CODE 1923.05 (COUNT III) AGAINST NATIONSTAR ARE DISMISSED WITH PREJUDICE; PLAINTIFFS' CLAIM OF VIOLATION OF OHIO REVISED CODE 2329 (COUNT IV) IS DISMISSED WITHOUT...

MIDDLETOWN TUBE WORKS, INC. v. CREATIVE STORAGE SYSTEMS, 1:15-cv-355. (2016)

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE RESPONSE TO CONCENTRIC STORAGE SYSTEMS LLC'S MOTION TO DISMISS UNDER SEAL MICHAEL R. BARRETT , District Judge . This matter came before the Court upon Plaintiff Middletown Tube Works, Inc.'s Unopposed Motion for Leave to File Response to Concentric Storage Systems LLC's Motion to Dismiss Under Seal. Based upon the Motion, the Memorandum in support, and upon all other things properly before it, the Court hereby grants the Motion....

Harwell v. Warden, Lebanon Correctional Institution, 3:16-cv-277. (2016)

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #9) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #13); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ##11, 14); DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. 2254 FOR WRIT OF HABEAS CORPUS (DOC. #2); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO PROCEED IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMINATION ENTRY WALTER H. RICE , District...

Brosz v. Fishman, 1:13-cv-753. (2016)

OPINION AND ORDER MICHAEL H. WATSON , Magistrate Judge . Defendants move to dismiss the amended verified shareholder derivative complaint ("amended complaint"), or in the alternative, to consolidate this case with case number 2:12-cv-445. ECF No. 42. For the reasons that follow, the Court DENIES the motion to dismiss and ORDERS that this case be consolidated with case number 2:12-cv-445. I. BACKGROUND This case is one of several suits initiated by various aggrieved shareholders...

IN RE E.I. DU PONT DE NEMOURS AND COMPANY C-8 PERSONAL INJURY LITIGATION, 2:13-md-2433. (2016)

IN RE E. I. DU PONT DE NEMOURS AND COMPANY C-8 PERSONAL INJURY LITIGATION, 2:13-md-2433. (2016)

IN RE E. I. DU PONT DE NEMOURS AND COMPANY C-8 PERSONAL INJURY LITIGATION, 2:13-md-2433. (2016)

U.S. v. Blain, 1:13-cr-114. (2016)

DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS SUSAN J. DLOTT , District Judge . This 2255 case is before the Court upon Objections by Defendant Christopher Blain (ECF No. 62) to the Report and Recommendations of Magistrate Judge Michael R. Merz recommending that Defendant's Motion to Vacate (ECF No. 53) be dismissed with prejudice (the ":Report," ECF No. 57). As required by Fed. R. Civ. P. 72(b), the Court has reviewed de novo those portions of the Report to which objection is...

Stuebing Automatic Machine Company v. Gavronsky, 1:16-cv-576. (2016)

ORDER AND REPORT AND RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . This matter is before the Court on pro se defendant Allan Gavronsky's motion for leave to file an amended counterclaim (Doc. 22). 1 This matter is also before the Court on plaintiff's motion to strike the amended counterclaim (Doc. 26) to which defendant Gavronsky has not filed a response. Defendant Gavronsky filed his answer and counterclaim in this patent infringement action on August 1, 2016. (Doc. 14). His...

Stuebing Automatic Machine Company v. Gavronsky, 1:16-cv-576. (2016)

ORDER KAREN L. LITKOVITZ , Magistrate Judge . This matter is before the Court on pro se defendant Allan Gavronsky's motion to disqualify plaintiff's counsel (Doc. 21) and plaintiff's response in opposition (Doc. 25). I. Background Plaintiff Stuebing Automatic Machine Company produces metal calendar slides and calendar hangers. (Doc. 1 at 10). According to plaintiff, it purchased the assets of the former Stuebing Automatic Machine Company ("Old Stuebing") in July 2012 from shareholders...

Thornton v. Warden, Madison Correctional Institution, 1:14-cv-561. (2016)

REPORT AND RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . Petitioner, an inmate at the Madison Correctional Institution, has filed a petition and an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 with the assistance of counsel. (Docs. 1, 25). Petitioner challenges his 2008 aggravated robbery and kidnapping convictions in the Clermont County, Ohio Court of Common Pleas. This matter is now before the Court on respondent's motion to transfer the petition to...

Black v. U.S., 2:02-CR-187(1). (2016)

REPORT AND RECOMMENDATION ELIZABETH A. PRESTON DEAVERS , Magistrate Judge . Petitioner, a federal prisoner, brings the instant Motion to Vacate under 28 U.S.C. 2255. (ECF No. 45.) This matter is before the Court on the Motion to Vacate, Respondent's Motion to Dismiss (ECF No. 49), and the exhibits of the parties. For the reasons that follow, the Magistrate Judge RECOMMENDS that Respondent's Motion to Dismiss (ECF No. 49) be GRANTED and that the Motion to Vacate under 28 U.S....

Smiley v. City of Dayton, 3:14-cv-271. (2016)

DECISION AND ENTRY SUSTAINING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS REQUESTING DISMISSAL OF PLAINTIFF'S CLAIM FOR PUNITIVE DAMAGES (DOC. #61) WALTER H. RICE , District Judge . This matter is currently before the Court on Defendant City of Dayton's Motion for Judgment on the Pleadings Requesting Dismissal of Plaintiff's Claim for Punitive Damages. Doc. #61. Plaintiff's Amended Complaint alleges that, in taking his property without just compensation, the City engaged in "knowing,...

Stuebing Automatic Machine Company v. Gavronsky, 1:16-cv-576. (2016)

REPORT AND RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . This matter is before the Court on plaintiff Stuebing Automatic Machine Company's motions to dismiss the counterclaims of pro se defendants Allan Gavronsky and Steve Lerma. (Docs. 17 and 18). Defendants have not filed responses to the motions to dismiss. I. Background Plaintiff produces metal calendar slides and calendar hangers. (Doc. 1 at 10). According to plaintiff, it purchased the assets of the former Stuebing...