Brooks v. Miami Valley Hospital et al

Plaintiff: Mark A Brooks
Defendant: Miami Valley Hospital, Dale Creech, Jr, Jill Herman and Bernita Ricks
Case Number: 3:2011cv00318
Filed: September 6, 2011
Court: Ohio Southern District Court
Office: Dayton Office
County: MONTGOMERY
Referring Judge: Michael R Merz
Presiding Judge: Walter H Rice
Nature of Suit: Constitutionality of State Statutes
Cause of Action: 28:1331
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
January 4, 2012 23 Opinion or Order of the Court REPORT AND RECOMMENDATIONS ON AWARD OF EXPENSES OF REMOVAL re 13 MOTION for Attorney Fees Memorandum in Support filed by Bernita Ricks, Miami Valley Hospital, Jill Herman, Dale Creech, Jr. Based on Mr. Whelleys Affidavits and the in-cou rt testimony of Mr. Whelley and Mr. Waite, the Magistrate Judge finds that Defendant Miami Valley Hospital has actually incurred attorney reasonable and necessary attorney fees in the amount of $11,093.50 and expenses in the amount of $258.45 for a total of $11,351.952 which it is respectfully recommended be awarded to Defendant Miami Valley Hospital. Objections to R&R due by 1/23/2012. Signed by Magistrate Judge Michael R Merz on 1/4/2012. (kf)
March 29, 2012 26 Opinion or Order of the Court DECISION AND ENTRY ADOPTING IN PART AND NOT RULING UPON IN PART INITIAL (DOC. 10 ) AND SUPPLEMENTAL (DOC. 12 ) REPORTS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND OVERRULING IN PART AND NOT RULING UPON IN PART PLAINTIFF'S OBJECT IONS TO SAID JUDICIAL FILINGS (DOC. 11 AND 14 ); QUESTION OF WHETHER PLAINTIFF'S ATTEMPTED REMOVAL TO THIS COURT WAS OBJECTIVELY UNREASONABLE AND, ACCORDINGLY, WHETHER DEFENDANTS SHOULD BE ALLOWED THEIR ATTORNEY FEES AND COSTS UNDER 28 U.S.C. SECTION 1447(c) RESERVED FOR POST-REMAND PROCEEDINGS; JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF, REMANDING THE CAPTIONED CAUSE TO THE MONTGOMERY COUNTY COMMON PLEAS COURT; TERMINATION ENTRY ON QUESTION OF REMAND. Signed by Judge Walter H Rice on 03/29/2012. (kf)
March 29, 2012 27 Opinion or Order of the Court JUDGMENT in favor of Miami Valley Hospital, Bernita Ricks, Dale Creech, Jr, Jill Herman against Mark A Brooks. With Notice of Disposal attached. Case Terminated. Signed on 03/29/2012. (kf)
August 22, 2012 28 Opinion or Order of the Court DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE ON AWARD OF EXPENSES OF REMOVAL (DOC. # 23 ) IN THEIR ENTIRETY AND OVERRULING PLAINTIFF'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. # 24 ); ATTORNEY FEES AND COSTS ASSESSE D IN THE AMOUNT OF $11,093.50 FOR ATTORNEY FEES AND EXPENSES IN THE AMOUNT OF $258.45, FOR A TOTAL OF $11,351.95; JUDGMENT TO ENTER ACCORDINGLY; FURTHER SUPPLEMENTATION MAY BE FILED BY DEFENDANTS WITHIN STATED PERIOD OF TIME, WITH REQUEST FOR AMENDED JUDGMENT; TERMINATION ENTRY. Signed by Judge Walter H Rice on 08/22/12. (pb1)
March 28, 2013 33 Opinion or Order of the Court REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - The present Motion for Relief from Judgment should be denied without prejudice to its renewal in the event Plaintiff obtains a favorable judgment from Judge Tucker. Objections to R&R due by 4/15/2013. Signed by Magistrate Judge Michael R Merz on 3/28/2013. (kpf1)
April 5, 2013 35 Opinion or Order of the Court RECOMMITTAL ORDER re 33 REPORT AND RECOMMENDATIONS - The District Judge has preliminarily considered the Objections 34 and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, purs uant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Walter H Rice on 4/5/2013. (kf)
April 18, 2013 39 Opinion or Order of the Court SUPPLEMENTAL REPORT AND RECOMMENDATIONS re 30 MOTION to Vacate 28 Order Adopting Report and Recommendations,, filed by Mark A Brooks. It is therefore again respectfully recommended that the Motion for Relief from Judgmentbe denied. Objections to R&R due by 5/6/2013. Signed by Magistrate Judge Michael R Merz on 4/17/2013. (kf)
June 11, 2013 40 Opinion or Order of the Court ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS 39 ; denying 30 Motion to Vacate ; (Per MRM Chambers) terminating 33 Report and Recommendations. The Court has reviewed the Supplemental Report and Recommendations of United States Magistr ate Judge Michael R. Merz (Doc. 39 ), 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, her eby ADOPTS said Supplemental Report and Recommendations. It is hereby ORDERED that the Motion for Relief from Judgment (Doc. 30 ) is DENIED and this case remains TERMINATED on the docket of this Court. Signed by Judge Walter H Rice on 6/11/2013. (kf)

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Plaintiff: Mark A Brooks
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Defendant: Miami Valley Hospital
Represented By: Wayne Everett Waite
Represented By: Shannon Kemp Bockelman
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Defendant: Dale Creech, Jr
Represented By: Wayne Everett Waite
Represented By: Shannon Kemp Bockelman
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Defendant: Jill Herman
Represented By: Shannon Kemp Bockelman
Represented By: Wayne Everett Waite
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Defendant: Bernita Ricks
Represented By: Shannon Kemp Bockelman
Represented By: Wayne Everett Waite
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