Roth v. City of Canton et al
| Michael T. Roth |
| City of Canton, Ohio, City of Canton Police Department, Shirley Moore, Richard Kinlow, Joshua H. Coates, Lester Marino, Judi Solly and John Does |
| 5:2017cv00234 |
| February 6, 2017 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Stark |
| Benita Y. Pearson |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
131
Memorandum of Opinion and Order For the reasons set forth herein, Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction (ECF No. 120 ) is granted. Defendants' Motion for Sanctions (ECF No. 121 ) is denied. Judge Benita Y. Pearson on 3/17/2020. (JLG)
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Filing
91
Memorandum of Opinion and Order For the reasons set forth herein, Plaintiffs' Motion for Class Certification (ECF No. 59 ) is denied without prejudice and may be resubmitted if the Court of Appeals does not remand for this Court to gr ant Defendants' Motion for Relief From Judgment. Defendants' Motion for an Indicative Ruling (ECF No. 79 ) is granted. The Court indicates and hereby certifies under Fed. R. Civ. P. 62.1 that upon remand from the Sixth Circuit it would: grant Defendants' Motion for Relief From Judgment and issue an order vacating the Court's 9/28/2018 Memorandum of Opinion and Order (ECF No. 75 ). Defendants shall promptly notify the Clerk of the United States Court of Appeals for the Si xth Circuit pursuant to Fed. R. App. P. 12.1(a) of the Court's within indicative ruling. Fed. R. Civ. P. 62.1(b). Plaintiffs' Motion for Leave to File Sur-Reply to Defendants' Motion for an Indicative Ruling and Motion for Relief Fro m Judgment (ECF No. 85 ) is denied. Defendants' Motion to Strike Plaintiffs' Supplement (ECF No. 89 ) is granted. Plaintiffs' Supplement to Their Opposition to Defendants' Motion to Vacate (ECF No. 88 ) is stricken from the file pursuant to Fed. R. Civ. P. 12(f). Judge Benita Y. Pearson on 3/26/2019. (JLG)
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Filing
75
Memorandum of Opinion and Order For the reasons set forth herein, Plaintiffs' Motion for Preliminary and Permanent Injunction (ECF No. 40 ) is granted. Pursuant to Fed. R. Civ. P. 65, Defendants City of Canton and Shirley Moore, and all those in active concert or participation with them who receive actual notice of this injunctive order, are enjoined from enforcing Canton Ordinance 505.14, which states: (a) Except as provided in Section 505.15, a person may not possess, keep, harbo r, or permit to be possessed, kept, or harbored in or about any dwelling unit or structure under their control a total of more than five dogs or cats, in any combination, over four months of age. "Harbor" means to give shelter or refuge to. "Dwelling unit" and "structure" are defined in Chapter 1123. (b) Any person who violates any provision of this section is guilty of a misdemeanor of the third degree. Judge Benita Y. Pearson on 9/28/2018. (JLG)
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Filing
8
Memorandum Opinion and Order: Plaintiff's motion for disqualification (Doc. No. 7 ) is denied as to the reasons advanced by the plaintiff. However, the Court recuses itself for a completely independent reason pursuant to 28 U.S.C. Section 455, because one of the defendants is a close personal friend of the Court's niece. Judge Sara Lioi on 2/8/2017. (P,J)
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