O'Malley v. NaphCare Inc

Plaintiff: Teresa L O'Malley
Defendant: NaphCare Inc
Case Number: 3:2012cv00326
Filed: October 4, 2012
Court: Ohio Southern District Court
Office: Dayton Office
County: MONTGOMERY
Referring Judge: Michael J Newman
Presiding Judge: Walter H Rice
Nature of Suit: Assault, Libel, and Slander
Cause of Action: 28:1332
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
April 9, 2013 21 Opinion or Order of the Court REPORT AND RECOMMENDATIONS - it is therefore ORDERED: 1) Plaintiffs motion for leave to amend (doc. 13 ) is GRANTED. 2) Plaintiff's amended complaint shall be filed on or before April 19, 2013. Additionally, the Court RECOMMENDS: 1) NaphC are's motion to dismiss Plaintiff's initial complaint (doc. 7 ) be DENIED AS MOOT, and WITHOUT PREJUDICE to refile on or before May 16, 2013. Objections to R&R due by 4/26/2013. Signed by Magistrate Judge Michael J Newman on 4/9/13. (kje1)
April 11, 2013 22 Opinion or Order of the Court ORDER - The Court, having been advised that Plaintiff has retained counsel and thus no longer proceeds pro se, see doc. 19 , refers this case to the docket of United States District Judge Walter H. Rice. This civil action, accordingly, is no longer referred to the undersigned. Signed by Magistrate Judge Michael J Newman on 4/11/13. (kje1)
July 8, 2013 28 Opinion or Order of the Court DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (DOC. # 21 ); OVERRULING AS MOOT, WITHOUT PREJUDICE TO RENEWAL DEFENDANT NAPCHARE, INC'S MOTION TO DISMISS (DOC. # 7 ); PLAINTIFF'S MOTION TO AMEND FIRST AMENDED COMPLAINT (DOC. # 23 ) SUSTAINED. Signed by Judge Walter H Rice on 7/8/2013. (jdf1)
February 28, 2014 40 Opinion or Order of the Court DECISION AND ENTRY SUSTAINING THE PARTIAL MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT OF DEFENDANT NAPHCARE, INC. (DOC. #24), AND SUSTAINING THE MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT OF DEFENDANTS JEFF MciNTYRE AND KARINA CARLISLE (DOC. #33); PLAINTIFF'S CLAIM UNDER THE OHIO WHISTLEBLOWER'S PROTECTION ACT, OHIO REV. CODE § 4113.52 (COUNT ONE), AGAINST ALL DEFENDANTS IS DISMISSED WITH PREJUDICE; PLAINTIFF'S CLAIM UNDER THE AGE DISCRIMINAT ION IN EMPLOYMENT ACT, 29 U.S.C. § 623 (COUNT FOUR), AGAINST DEFENDANTS McINTYRE AND CARLISLE ONLY IS DISMISSED WITH PREJUDICE; ALL OTHER CLAIMS AGAINST ALL DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE; PLAINTIFF GRANTED LEAVE TO AMEND COMPLAINT W ITHIN TWENTY (20) CALENDAR DAYS TO REPLEAD CLAIMS DISMISSED WITHOUT PREJUDICE; ALL AMENDMENTS MUST TAKE INTO ACCOUNT THE STRICTURES OF RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE. Signed by Judge Walter H Rice on 2/28/2014. (gh1) Modified text for clarity on 2/28/2014 (tt).
May 19, 2014 48 Opinion or Order of the Court ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO CORRECT AND ADD AFFIDAVIT (DOC. 47 ). Signed by Magistrate Judge Michael J Newman on 05/19/14. (pb1)
November 17, 2014 54 Opinion or Order of the Court DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART THE PARTIAL MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT FILED BY DEFENDANT NAPHCARE, INC. (DOC. #42); ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (DOC. # 52); OVERRULING THE DEFENDANTS' OBJECTIONS (DOC. #53) TO SAID JUDICIAL FILING; AND DISMISSING WITH PREJUDICE THE FIRST AMENDMENT RETALIATION CLAIM UNDER 42 U.S.C. § 1983, COUNT FOUR OF THE THIRD AMENDED COMPLAINT (DOC #41). Signed by Judge Walter H Rice on 11/17/2014. (srb1)
December 31, 2012 8 Opinion or Order of the Court NOTICE TO PRO SE PLAINTIFF UPON FILING OF MOTION TO DISMISS - You are hereby notified that the Defendant has filed a motion to dismiss in your case. You should receive a copy of the motion directly from the Defendant. Your response to this motion mus t be filed not later than twenty-four (24) days after the motion to dismiss was filed with the Court, i.e., on or before Monday, January 21, 2013. You must include a certificate that you have served your memorandum on all parties in the case. Signed by Magistrate Judge Michael J Newman on 12/31/12. (pb1)
January 3, 2013 9 Opinion or Order of the Court ORDER FOR PRELIMINARY PRE-TRIAL CONFERENCE - Pretrial Conference set for 2/6/2013 at 09:30 AM in Teleconference before Magistrate Judge Michael J Newman.Signed by Magistrate Judge Michael J Newman on 01/03/2013. (kf)

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Plaintiff: Teresa L O'Malley
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Defendant: NaphCare Inc
Represented By: Caroline M DiMauro
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