JUDGMENT ENTRY FINDING DEFENDANT IN VIOLATION OF SUPERVISED RELEASE AND IMPOSING SENTENCE THOMAS M. ROSE , District Judge . Pursuant to the record set forth in open Court on December 27, 2017, the Defendant appeared with Counsel and entered an admission as alleged by the U.S. Probation Department in an amended petition filed October 16, 2017. The Court accepted the admission and found the Defendant had violated the conditions of his supervised release as alleged and proceeded immediately...
OPINION & ORDER ALGENON L. MARBLEY , District Judge . This matter is before the Court on Defendants' Motion for Award of Reimbursing Attorneys' Fees and Request for Taxation of Costs ("Motion for Attorneys' Fees"). (ECF No. 87). As the Court indicated in its September 29, 2017 Order (ECF No. 96), the Court held a hearing to determine whether Defendants have established their entitlement to attorneys' fees, and if so, whether the amount requested is reasonable. For the reasons set forth...
ORDER: (1) APPROVING THE PARTIES' JOINT STIPULATION FOR AN AWARD UNDER THE EQUAL ACCESS TO JUSTICE ACT ("EAJA") (DOC. 13); AND (2) AWARDING PLAINTIFF $5,400.00 IN EAJA FEES AND COSTS THOMAS M. ROSE , District Judge . This Social Security disability benefits appeal is before the Court on the parties' joint stipulation in which they agree that Plaintiff should be awarded attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, in the amount of $5,400.00....
ENTRY ALLOWING ATTORNEY VISIT AT MONTGOMERY COUNTY JAIL WALTER H. RICE , District Judge . Although Defendant is represented by attorney Jeff McQuiston, with counsel's approval and that of the Court, Mr. Daniel J. O'Brien, attorney at law, is authorized to visit the captioned Defendant at the Montgomery County Jail.
ORDER EDMUND A. SARGUS, JR. , Chief District Judge . This matter came before the Court on December 18, 2017, for an all-day hearing on Plaintiffs' request for a temporary restraining order ("TRO"). At that hearing, the Court extended the existing TRO until the final hearing, which was scheduled for December 22, 2017. After the final TRO hearing, the Court from the bench DENIED Plaintiff's request for a TRO. An opinion on this decision will follow. IT IS SO ORDERED.
ORDER EDMUND A. SARGUS, JR. , Chief District Judge . This matter is before the Court on Plaintiffs' Motion to Correct Inadvertent Omission from the July 31, 2017 Order dismissing this action. (ECF No. 14.) The Court gave Defendants opportunity to respond to Plaintiffs' Motion if Defendants intended to oppose it. (ECF No. 15.) Defendants chose not to oppose Plaintiffs' Motion. For the reasons set forth in Plaintiffs' Unopposed Motion to Correct, the Motion is GRANTED. Accordingly, the...
REPORT AND RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . Plaintiff Lorin Buckner brings this action for declaratory relief under the Truth in Lending Act ("TILA"), 15 U.S.C. 1635, which gives borrowers the right to rescind certain consumer credit transactions secured by the borrower's principal dwelling if the lender fails to satisfy TILA's disclosure requirements. This matter is before the Court on defendant's motion to dismiss. (Doc. 13). This matter is also before the Court...
ORDER UNSEALING INDICTMENT (R.19) FORWARD WALTER H. RICE , District Judge . Upon motion of the United States, and for the reason that the above captioned defendant is in custody, the Indictment (R.19) forward in the above captioned case is hereby ordered unsealed.
DECISION AND ENTRY OVERRULING PLAINTIFF JOHN DOE'S MOTION FOR RECONSIDERATION (DOC. #23) OF THE COURT'S AUGUST 24, 2017, DECISION AND ENTRY SUSTAINING MOTION TO DISMISS OF DEFENDANTS WRIGHT STATE UNIVERSITY, SARAH TWILL, MATTHEW BOAZ AND CHRIS TAYLOR AND OVERRULING AS MOOT PLAINTIFF'S MOTION FOR LEAVE TO PROCEED ANONYMOUSLY OF PLAINTIFF JOHN DOE (DOC #19); COURT'S AUGUST 24, 2017, DECISION AND ENTRY REMAINS UNCHANGED; PLAINTIFF'S CLAIMS AGAINST DEFENDANTS (DOC. #1) ARE DISMISSED WITH PREJUDICE;...
DECISION AND ENTRY DISMISSING CLAIM ONE OF PLAINTIFFS DIEGO VENEGAS AND MARC SODINI'S COMPLAINT WITH PREJUDICE; JUDGMENT SHALL ENTER IN FAVOR OF DEFENDANTS WRIGHT STATE UNIVERSITY AND CHRIS TAYLOR AND AGAINST PLAINTIFFS ON CLAIMS ONE THROUGH FIVE; CLAIM SIX IS DISMISSED WITHOUT PREJUDICE TO REFILING IN A STATE COURT OF COMPETENT JURISDICTION; TERMINATION ENTRY WALTER H. RICE , District Judge . Plaintiffs Diego Venegas ("Venegas") and Marc Sodini ("Sodini") (collectively "Plaintiffs"),...
ORDER: (1) APPROVING THE PARTIES' JOINT STIPULATION FOR AN AWARD UNDER THE EQUAL ACCESS TO JUSTICE ACT ("EAJA") (DOC. 10); AND (2) AWARDING PLAINTIFF $2,700.00 IN EAJA FEES AND COSTS WALTER H. RICE , District Judge . This Social Security disability benefits appeal is before the Court on the parties' joint stipulation in which they agree that Plaintiff should be awarded attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, in the amount of $2,700.00....
ORDER ESTABLISHING A SPECIAL NEEDS TRUST FOR THE BENEFIT OF PAMELA A. SCHERER TIMOTHY S. BLACK , District Judge . For good cause shown, the Motion Seeking The Court To Establish A Special Needs Trust For The Benefit Of Pamela A. Scherer is granted. It is hereby Ordered that: 1. The Pamela A. Scherer Irrevocable Special Needs Trust be established by this Court Order and a copy of this Order be attached to said trust. 2. The law firm of Santen & Hughes shall cause to be distributed through...
REPORT AND RECOMMENDATION KAREN L. LITKOVITZ , Magistrate Judge . This matter is before the Court on the parties' joint motion to remand this case for further administrative proceedings pursuant to Sentence Four of 42 U.S.C. 405(g) and to enter judgment in favor of Plaintiff. (Doc. 10). Pursuant to the parties' agreement, upon remand, "the Appeals Council will vacate all findings in the Administrative Law Judge's decision and will develop the administrative record as necessary to...
ORDER TO UNSEAL INDICTMENT (R.29) FORWARD WALTER H. RICE , District Judge . IT IS HEREBY ORDERED that the Indictment (R.29) forward previously filed herein and ordered sealed by the order of this Court on December 5, 2017, be unsealed by the Clerk of Courts.
RECOMMITTAL ORDER TIMOTHY S. BLACK , District Judge . This case is before the Court on the Government's Objections (ECF No. 283) to the Magistrate Judge's Report and Recommendations (ECF No. 282). Defendant and the Intervenor are entitled to respond to the Government's Objections, but have not yet done so. The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly,...
ORDER ALGENON L. MARBLEY , District Judge . This matter comes before the Court on the Magistrate Judge's November 16, 2017 Report and Recommendation (ECF No. 9), which recommended that Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 6) be denied. The Report and Recommendation specifically advised the parties that the failure to object results in a waiver of the right to have the district judge review the Report and Recommendation de novo, and also operates as a...
ORDER ALGENON L. MARBLEY , District Judge . This matter comes before the Court on the Magistrate Judge's September 12, 2017, Report and Recommendation (ECF No. 2), which recommended that Plaintiff's claims against Defendant Frank D. Hatfield and Defendant Wayne Moore in his official capacity be dismissed under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief may be granted. The Report and Recommendation specifically advised the...
ORDER ALGENON L. MARBLEY , District Judge . This matter comes before the Court on the Magistrate Judge's June 19, 2017, Report and Recommendation (ECF No. 22), which recommended that Defendant's Motion to Dismiss (ECF No. 13) be denied as moot. Defendants did not object, and have subsequently filed a Motion to Dismiss Plaintiff's Amended Complaint. (ECF No. 28). The Court hereby ADOPTS the Report and Recommendation based on the independent consideration of the analysis therein, and...
ORDER ALGENON L. MARBLEY , District Judge . This matter comes before the Court on the Magistrate Judge's November 13, 2017 Report and Recommendation (ECF No. 43), which recommended that Plaintiff's Motion for Default Judgment (ECF No. 8) be granted. The Report and Recommendation specifically advised the parties that the failure to object results in a waiver of the right to have the district judge review the Report and Recommendation de novo, and also operates as a waiver of the right...
ORDER APPOINTING THE PUBLIC DEFENDER AS COUNSEL WALTER H. RICE , District Judge . This case is before the Court upon Defendant's application for appointment of counsel pursuant to 18 U.S.C. 3006A. Upon review of Defendant's Financial Affidavit, the Court finds that he is qualified for appointed counsel. IT IS ACCORDINGLY ORDERED that Deborah L. Williams, Federal Public Defender for the Southern District of Ohio, shall appoint an Assistant Federal Public Defender to represent the...
