USA v. Bd Of Comm Ham Co, et al
Case Number: 1:2002cv00107
Filed: February 15, 2002
Court: US District Court for the Southern District of Ohio
Office: Environmental Matters Office
Presiding Judge: S Arthur Spiegel
Nature of Suit: None
Cause of Action: U.S. Government Plaintiff
Jury Demanded By: 33:1319 Clean Water Act

Available Case Documents

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

Date Filed Document Text
May 29, 2020 Opinion or Order Filing 1835 ORDER that claimant Robert Wassler's 1830 request to dismisshis sewer backup claim is hereby Granted. The hearing in this matter setfor August 4, 2020 is hereby Vacated, and the matter shall be removedfrom the active sewer backup docket of this Court. Signed by Magistrate Judge Karen L. Litkovitz on 5/29/2020. (art)
July 10, 2019 Opinion or Order Filing 1712 ORDER that the Court awards $77,949.89 as enumerated in this order to Mr. and Mrs. Andrew Heldman for the damages sustained in this case as related to their SBU claim 1563 filed in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 7/10/2019. (art)
June 17, 2019 Opinion or Order Filing 1700 ORDER that the Court awards $842.55 to Ms. Ryan for the damages sustained in this matter as related to the SBU request for review claim 1598 filed by Rhonda L Ryan. Signed by Magistrate Judge Karen L. Litkovitz on 6/17/2019. (art)
May 24, 2019 Opinion or Order Filing 1685 ORDER that the Court find's MSD's offer to fair and reasonable and awards 1588 SBU claimant Ms. Helen L. Evans $749.88 in damages in this case. Signed by Magistrate Judge Karen L. Litkovitz on 5/24/2019. (art)
May 9, 2019 Opinion or Order Filing 1674 ORDER that the SBU request for claim review appeal 1000 1297 filed by claimant Carol Stone is hereby Denied. Signed by Magistrate Judge Karen L. Litkovitz on 5/8/2019. (art)
May 6, 2019 Opinion or Order Filing 1667 ORDER that the Court finds that MSD's assessment of the damages in this SBU matter 1551 filed by claimant Lowell Wilson as updated Sedgwick appraisal is fair and reasonable 1660 Def. Ex. 1, and awards $11,502.27 to Mr. Wilson for the damages sustained in this case. Signed by Magistrate Judge Karen L. Litkovitz on 5/3/2019. (art)
April 12, 2019 Opinion or Order Filing 1655 ORDER that the Court awards $7,324.95 to 1503 Gregory & Terry Jacobs for the damages sustained in this case ($2,011.25 [cleaning costs] + 937.48 [personal property loss, excluding the album collection] + $4,376.22 [album collection]). Signed by Magistrate Judge Karen L. Litkovitz on 4/12/2019. (art)
April 8, 2019 Opinion or Order Filing 1648 ORDER that in the absence of any additional information from claimant 1543 Shelley Merkel showing that she file a claim with her insurance company seeking reimbursement for her damaged property, the Court finds MSD's offer to be fair an reasonable and awards Ms. Merkel $690.25 in damages in this case. Signed by Magistrate Judge Karen L. Litkovitz on 4/5/2019. (art)
March 26, 2019 Opinion or Order Filing 1637 ORDER that the Court Denies the 1535 SBU request for review of claim/appeal filed by claimant Connie Musser. Signed by Magistrate Judge Karen L. Litkovitz on 3/26/2019. (art)
March 20, 2019 Opinion or Order Filing 1633 ORDER that the Court awards $6612.93 for the SBU request for review claim/appeal 1498 filed by Scharlyn Clark Mills for damages sustained in this case ($2,897.78 [Court's valuation of the itemized list on pages 3 and 4] + &2,506.15 [MSD's valuation of the remaining items of personal property, which does not include the Court's itemized list on pages 3 and 4] + &1,209.00 (water heater and furnace]}. Signed by Magistrate Judge Karen L. Litkovitz on 3/20/2019. (art)
March 14, 2019 Opinion or Order Filing 1624 ORDER that the Court Denies the 1497 SBU request for review of appeal claim filed by Mary Hopkins. Signed by Magistrate Judge Karen L. Litkovitz on 3/14/2019. (art)
March 12, 2019 Opinion or Order Filing 1623 ORDER that the Court upholds MSD's decision to deny 1405 SBU claim request for reveiw filed by Yolanda J. Landrum. Signed by Magistrate Judge Karen L. Litkovitz on 3/12/2019. (art)
March 7, 2019 Opinion or Order Filing 1621 ORDER that the SBU claim for review 1418 filed by Barbie Jones is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 3/7/2019. (art)
January 16, 2019 Opinion or Order Filing 1578 ORDER that the 1466 SBU request for review claim appeal filed by Steven Tebeau is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 1/16/2019. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 4, 2019 Opinion or Order Filing 1562 ORDER that the SBU request for review claim 1434 filed by Globetrotters VFW Post 6428 is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 1/3/2019. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 18, 2018 Opinion or Order Filing 1547 ORDER that the SBU request for review of claim 1479 filed by Tylan Matthiesen is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 12/18/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 4, 2018 Opinion or Order Filing 1444 ORDER that the Court upholds MSD's decision to deny SBU claim 1334 filed by Dorothy Moore. Signed by Magistrate Judge Karen L. Litkovitz on 9/4/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 28, 2018 Opinion or Order Filing 1429 ORDER that the Court Denies the 1338 SBU request for review appeal filed by Dwendolyn I. Chester. Signed by Magistrate Judge Karen L. Litkovitz on 8/28/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 23, 2018 Opinion or Order Filing 1424 ORDER that the Court upholds MSD's decision in this matter as to 1322 SBU request for review filed by Kimberly Witte. Signed by Magistrate Judge Karen L. Litkovitz on 8/23/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 23, 2018 Opinion or Order Filing 1391 ORDER denying SBU request for review 1273 filed by Nicole Mancini. Signed by Magistrate Judge Karen L. Litkovitz on 7/23/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 17, 2018 Opinion or Order Filing 1384 ORDER that the Court awards $20,856.25 for the SBU request for review 1159 claim filed by Letitia A James for the damages sustained in this case ($9,746.25 [MSD's valuation of items, excluding MSD's valuation of the Court' s itemized list on pages 3 and 4] + $2,888.00 {Court's valuation of the itemized list on pages 3 and 4} + $8,222.00 [basement rebuild]. Signed by Magistrate Judge Karen L. Litkovitz on 7/17/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 9, 2018 Opinion or Order Filing 1378 ORDER that the SBU request for review 1232 filed by Eric Lett be denied because the Consent Decree's SBU claims process does not cover his damage claim in this case. Signed by Magistrate Judge Karen L. Litkovitz on 7/9/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 4, 2018 Opinion or Order Filing 1360 ORDER that claimant Yvonne E. Collins is awarded $41,243.19 on her 1200 SBU claim for review. Signed by Magistrate Judge Karen L. Litkovitz on 6/4/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 22, 2018 Opinion or Order Filing 1294 ORDER denying 1016 Request for Review filed by Kimya Moyo. Signed by Magistrate Judge Karen L. Litkovitz on 3/22/18. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 7, 2018 Opinion or Order Filing 1282 ORDER that the Court denies any request for additional compensation in the SBU claim 1006 filed by Roy C. Jones, and Denies as Moot MSD's 1264 Motion to Strike 1263 supplemental documentation submitted by Shielah Smith, Mr. Jones's daughter. Signed by Magistrate Judge Karen L. Litkovitz on 3/7/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 2, 2018 Opinion or Order Filing 1281 ORDER that the Court awards in the SBU claim 1024 filed by Robert Buckner $35,333.85 [(MSD proposed total amount of $30,992.17 minus MSD proposed amounts for items 398, 43-48, 52-56, 153-163,17,18 = $14,119.69) plus the Court award of $`7,371.25 (Item 398) + $1,280.00 (Items 43-48, 52-56) + $1,201.90 (Items 153-163) + $399.99 (Item 17) + $105.00 (Item 18) + $324.75 (Item 65) + $200.00 (Item 117) + $255.98 (Item 85) + $43.00 (Ite m 89) + $30.79 (Item 228) + $14.00 (Item 306) + $10.00 (Item 308) + $7.50 (Item 313) + $20.00 (Item 324) + $10.00 (Item 376 for the damages sustained in this case. Signed by Magistrate Judge Karen L. Litkovitz on 3/2/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 9, 2018 Opinion or Order Filing 1256 ORDER that the Court denies the appeal SBU claim 1085 filed by claimant Shelia Moore. Signed by Magistrate Judge Karen L. Litkovitz on 2/9/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 8, 2018 Opinion or Order Filing 1255 ORDER that the Court awards $17,779.35 ($17,367.33 [MSD's original estimate of personal and real property damage] plus $412.02 for two additional interior doors) to claimant Mr. Jones 1006 for the damages sustained in this case. Signed by Magistrate Judge Karen L. Litkovitz on 2/8/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 19, 2018 Opinion or Order Filing 1236 ORDER that the SBU claim 1173 filed by claimant Mary Campany is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 1/19/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 10, 2018 Opinion or Order Filing 1222 ORDER that the 1046 SBU appeal claim filed by Michelle Lynett Bruce is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 1/10/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 15, 2017 Opinion or Order Filing 1204 ORDER that the Court awards $16,125.65 to claimant 951 Kimberly Turnbow for the SBU damages sustained in this case ($9,721.16 [MSD's valuation of items, excluding the itemized list on pages 5 and 6] + $1,518.49 [items on pages 5 and 6] + $4,827.00 [electrical panel work] + $59.00 [service charge for electrical panel work]. Signed by Magistrate Judge Karen L. Litkovitz on 12/15/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 9, 2017 Opinion or Order Filing 1160 ORDER that the SBU appeal claim 1051 filed by Carol Roehling is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 11/9/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 8, 2017 Opinion or Order Filing 1154 ORDER that the SBU appeal claim 943 filed by Bryan Stockelman is hereby Denied. Signed by Magistrate Judge Karen L. Litkovitz on 11/8/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 30, 2017 Opinion or Order Filing 1140 ORDER that because SBU claimant 955 Diane Henson did not report any sewer backup to MSD within 24 hours of its occurrence in March 2017, and because MSD has presented persuasive evidence that overland flooding and not a surcharge of the public sa nitary sewer system most likely caused Ms. Henson's basement backup, the Court upholds MSD's decision in this case. Signed by Magistrate Judge Karen L. Litkovitz on 10/30/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 18, 2017 Opinion or Order Filing 1128 ORDER that the Court Denies 964 the SBU claim filed by Joseph Flack. Signed by Magistrate Judge Karen L. Litkovitz on 10/18/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 13, 2017 Opinion or Order Filing 1123 ORDER that the Court upholds MSD's decision regarding the SBU claim 1033 filed by Philip Miazga. Signed by Magistrate Judge Karen L. Litkovitz on 10/13/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 5, 2017 Opinion or Order Filing 1117 ORDER that the Court awards $9,868.00 regarding the 958 Sewer back-up claim filed by Ella Thomas. Signed by Magistrate Judge Karen L. Litkovitz on 10/5/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 3, 2017 Opinion or Order Filing 1113 ORDER following hearing on 970 Sewer back-up claim filed by Laura L. McCreadie. The Court stays its decision on Ms. McCreadie's request for review pending resubmission of her claim to MSD and any other supplemental information she wishes MSD to consider in the claim. MSD shall make a decision on her SBU claim within (60) days. If Ms. McCreadie disagrees with MSD's decision on her claim, she may request in writing that her appeal to this Court be reopened. In such event, this matter will be scheduled for a supplemental hearing. Signed by Magistrate Judge Karen L. Litkovitz on 10/3/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 14, 2017 Opinion or Order Filing 1087 ORDER awarding $5,484.52 to claimant 926 Erin Hanley for damages sustained in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 9/13/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 11, 2017 Opinion or Order Filing 1082 ORDER that the Court awards $6,971.12 re sewer back-up claim 920 filed by Shielah Smith for the damages sustained in this case. Signed by Magistrate Judge Karen L. Litkovitz on 9/8/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 25, 2017 Opinion or Order Filing 1062 ORDER that the Court awards $3,793.29 to Mr. James Busick for the damages sustained related to sewer back-up claim/appeal 886 . Signed by Magistrate Judge Karen L. Litkovitz on 8/25/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 23, 2017 Opinion or Order Filing 1058 ORDER that the sewer back-up claim/appeal 902 filed by Doug Huff be Denied. Signed by Magistrate Judge Karen L. Litkovitz on 8/23/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 22, 2017 Opinion or Order Filing 1054 ORDER that the sewer back-up claim / appeal 898 filed by Phillip G. Cargile is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 8/22/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 21, 2017 Opinion or Order Filing 1052 ORDER that the 856 Sewer back-up appeal claim filed by Gretchen Aichele be Denied. Signed by Magistrate Judge Karen L. Litkovitz on 8/21/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 9, 2017 Opinion or Order Filing 1038 ORDER that the Court Denies 897 claimant Susan J. Cook's claim for compensation for her outside retaining wall and plumbing expenses, the Court awards Ms. Cook $3,465.14 for her other damages in this case. Signed by Magistrate Judge Karen L. Litkovitz on 8/9/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 29, 2017 Opinion or Order Filing 979 ORDER awarding $717.70 ($4,644.00 for basement build back plus $823.70 for personal property loss assessed by MSD plus $500.00 insurance deductible minus $5,250.00 insurance proceeds) to Mrs. Harrison for the damages sustained related to her 851 Sewer back-up claim. Signed by Magistrate Judge Karen L. Litkovitz on 6/28/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 20, 2017 Opinion or Order Filing 956 ORDER regarding 868 Sewer back-up claims filed by Mary Dale. The Court awards $5,233.00 to Ms. Dale for the damages sustained in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 6/20/2017. (art)
June 19, 2017 Opinion or Order Filing 950 ORDER regarding 857 Sewer back-up claim filed by David Guerdan. In summary, the Court awards Mr. Guerdan a total award of $4,255.00 for the damages sustained in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 6/19/2017. (art)
May 23, 2017 Opinion or Order Filing 914 ORDER re 843 Request for Review filed by James Clark, Sharell Clark. The Court awards $14,060.57 to Mr. and Mrs. Clark for the damages sustained in this case. Signed by Magistrate Judge Karen L. Litkovitz on 5/23/17. (sct)
May 15, 2017 Opinion or Order Filing 907 ORDER that the sewer back-up appeal claim filed by 850 claimants Herbie Schell, and Angela Schell is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 5/12/2017. (art)
May 9, 2017 Opinion or Order Filing 905 ORDER that the Court awards $1,111.99 to Ms. Johnda Keuffer for damages sustained pursuant to the 847 Sewer back-up claim filed in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 5/9/2017. (art)
January 25, 2017 Opinion or Order Filing 839 ORDER that the Court Denies the sewer back-up claim 829 filed by claimant's Willa and Edgar Russell. Signed by Magistrate Judge Karen L. Litkovitz on 1/25/2017. (art)
March 29, 2016 Opinion or Order Filing 802 ORDER that the Court Denies the 785 Sewer back-up appeal filed by claimant Kenneth McNeal. Signed by Magistrate Judge Karen L. Litkovitz on 3/29/2016. (art)
January 20, 2015 Opinion or Order Filing 755 ORDER that the Court awards $1,304.00 to Mr. Dennis Oder for the damages sustained in this case regarding his 735 sewer back-up claim. Signed by Magistrate Judge Karen L. Litkovitz on 1/20/2015. (art)
November 6, 2014 Opinion or Order Filing 739 ORDER that the appeal of the sewer back up claim 726 filed by Robert J. Miles, and Shirley Miles is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 11/6/2014. (art)
June 26, 2014 Opinion or Order Filing 725 ORDER that the City is enjoined from using CMC 318, CMC 320, and CMC 321 in the procurement of contracts for Consent Decree sewer projects and is ordered to follow the County's rules, regulations, and resolutions and Ohio state law in procuring Consent Decree sewer projects both within and outside the City boundaries. Signed by Magistrate Judge Karen L. Litkovitz on 6/26/2014. (art)
May 14, 2014 Opinion or Order Filing 714 ORDER Setting Hearing on sewer back-up claim 697 filed by Kenneth J. Gilkey. Hearing set for Tuesday, 7/8/2014 at 10:00 am in Courtroom 708 before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 5/14/2014. (art)
May 6, 2014 Opinion or Order Filing 713 ORDER setting hearing on sewer back-up claim 695 filed by claimant Joseph Campbell. Hearing set for Tuesday, 7/8/2014 at 10:00 am in Courtroom 708 before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 5/6/2014. (art)
May 5, 2014 Opinion or Order Filing 710 ORDER that MSD is responsible for the damages sustained regarding sewer back-up claim 652 filed by Thomas R. Stahlheber. Mr. Stahlheber's appeal is therefore sustained. In view of this finding, MSD is granted leave to supplement the record with evidence of the fair market value of the items for which Mr. Stahlheber seeks compensation. MSD should attempt to settle the damages claim with Mr. Stahlheber. If the parties are unable to settle the claim for damages, MSD must notify the Court within (60) days, at which time the Court will rule on the damages claim. Signed by Magistrate Judge Karen L. Litkovitz on 5/5/2014. (art)
April 9, 2014 Opinion or Order Filing 693 ORDER that 662 sewer-backup claim filed by James A. Hudson is sustained and the property damages that were incurred between 1/7/2012, commencing with the cost of the Flushaway investigation, and 10/2013 when MSD repaired the lateral, are compensab le under the Consent Decree. However, Mr. Hudson's request for reimbursement of lost rental income is denied as the Consent Decree covers damage to real or personal property only, and not lost income. Mr. Hudson shall obtain a written estimate for the foundation repair and submit it to MSD. MSD shall attempt to settle the damages claim with Mr. Hudson. If the parties are unable to settle the claim for damages, MSD must notify the Court within (60) days, at which time the Court will rule on the damages claim.. Signed by Magistrate Judge Karen L. Litkovitz on 4/9/2014. (art)
March 28, 2014 Opinion or Order Filing 686 ORDER that the Court sustains the sewer back-up claim 645 of Lawrence J. Kreimer, Jr., and Ruth L. Kreimer. The Kreimers and MSD are given leave to supplement the record with evidence of the fair market value of the items for which the Kreimers s eeks compensation. The Kreimers should follow the instructions for providing an inventory of damaged property that are included in the MSD Claim Form packet 645 at page 17. The parties are granted (30) days within which to submit their supplement al filings. MSD should attempt to settle the damages claim with the Kreimers. If the parties are unable to settle the claim for damages, MSD must notify the Court by 5/14/2014, at which time the Court will rule on the damages claim. Signed by Magistrate Judge Karen L. Litkovitz on 3/28/2014. (art)
March 27, 2014 Opinion or Order Filing 685 ORDER that the preponderance of the evidence does not establish that the damage to Mr. Wardell Hill's basement was caused by inadequate capacity in the MSD Sewer System, the Court is contrained to Deny 626 Mr. Hill's sewer back-up claim. Signed by Magistrate Judge Karen L. Litkovitz on 3/27/2014. (art)
March 20, 2014 Opinion or Order Filing 680 ORDER regarding sewer back-up claim 644 filed by William Dattilo. In accordance with the precedent established by Judge Hogan, MSD is responsible for the damages sustained by Mr. Dattilo. The parties are given leave to supplement the record with evidence of the fair market value of the items for which Mr. Dattilo seeks compensation. The parties are granted (30) days within which to submit their supplemental filings. Signed by Magistrate Judge Karen L. Litkovitz on 3/20/2014. (art)
February 25, 2014 Opinion or Order Filing 676 ORDER that the appeal/request 635 for sewer back-up claim filed by claimaint Simon Ben-Hur be Denied. Signed by Magistrate Judge Karen L. Litkovitz on 2/25/2014. (art)
January 17, 2014 Opinion or Order Filing 658 SCHEDULING ORDER resetting Hearing on Sewer back-up claim of claimant 644 y William Dattilo. Hearing in this matter is reset for Friday, 2/28/2014 at 10:00 am in Courtroom 708 before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 1/17/2014. (art)
January 14, 2014 Opinion or Order Filing 651 ORDER that the Court awards $9,255.00 to Ms. Richardson for the damages sustained related to her 630 Sewer back up claim in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 1/14/2014. (art)
January 7, 2014 Opinion or Order Filing 649 ORDER setting Supplemental Evidentiary Hearing re 626 Sewer backup claim filed by Wardell Hill. Supplemental Evidentiary Hearing set for Thursday, 1/30/2014 at 10:00 am in Courtroom 708. (Copy issued this date to Art Hunkele - Professional Engineer at New Millenium Building Engineers, LLC at 3146 Mount Carmel Road, Cincinnati, Ohio 45244). Signed by Magistrate Judge Karen L. Litkovitz on 1/7/2014. (art)
December 13, 2013 Opinion or Order Filing 642 ORDER setting Hearing on claimant Simon Ben-Hur's 635 Sewer backup claim. Evidentiary Hearing set for Thursday, 1/23/2014 at 10:00 AM in Courtroom 708 - Cincinnati before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 12/13/2013. (art)
October 21, 2013 Opinion or Order Filing 628 ORDER that the Court awards the Kohuses real and personal property damages claim 560 in the amount of $64,082.08 less $10,000 in insurance proceeds received plus $500.00 for their insurance deductible, for a total award of $54,582.08. Signed by Magistrate Judge Karen L. Litkovitz on 10/21/2013. (art)
October 2, 2013 Opinion or Order Filing 625 NOTATION ORDER granting parties 624 Joint Motion to Dismiss 607 & 615 request for review of sewer back-up claim filed by Michael and Cheryl Issacs. Signed by Magistrate Judge Karen L. Litkovitz on 10/2/2013. (art)
October 1, 2013 Opinion or Order Filing 623 ORDER setting hearing on sewer back-up claim 621 filed by claimant Robert Buckner. Hearing to be held on Wednesday, 11/6/2013 at 10:00 am in Courtroom 708 before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 10/1/2013. (art)
May 13, 2013 Opinion or Order Filing 604 ORDER that the claim of 583 filed by Harry Pearce, III be Denied. Signed by Magistrate Judge Karen L. Litkovitz on 5/9/2013. (art)
April 25, 2013 Opinion or Order Filing 602 ORDER Denying MSD's 600 MOTION for Reconsideration of 598 Order regarding Request for review of the Ada Barnes Sewer Backup claim in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 4/25/2013. (art)
March 12, 2013 Opinion or Order Filing 599 ORDER that the Kohuses 560 are entitled to judicial review of the denial of their 6-2011 claim. MSD and the City shall have the right to address the valuation of the property damage alleged by the Kohuses. The Court grants MSD and the City an ext ension of time of (90) days from the date of this Order to submit their response. Upon submission of a response by the City on the valuation of the Kohuses' property damages, the Court shall set an evidentiary hearing on the damages claim. Not hing in this Order should be construed as barring the City from seeking a modification of the Consent Decree or supplemental orders implementing the judicial review process as it relates to the scope of claims under the SBU claims program. Signed by Magistrate Judge Karen L. Litkovitz on 3/12/2013. (art)
March 4, 2013 Opinion or Order Filing 598 ORDER that the claim 562 of Ada Barnes is sustained and any damages to Ms. Barnes' property on 1/17/2012, as a result of the collapsed lateral in the right of way are compensable under the Consent Decree. Ms. Barnes is entitled to compensation for the 1/17/2012 backup, and this matter is therefore remanded to MSD for an evaluation of the amount of damages to be awarded to Ms. Barnes in this appeal. Signed by Magistrate Judge Karen L. Litkovitz on 3/4/2013. (art)
March 1, 2013 Opinion or Order Filing 597 ORDER resetting Hearing on Sewer Back-up claim 583 filed by Harry Pearce, III. Hearing reset for Friday, 5/3/2013 at 10:00 AM in Courtroom 708 - Cincinnati before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 3/1/2013. (art)
January 14, 2013 Opinion or Order Filing 595 SUPPLEMENTAL ORDER re claimant Vernon Wiethe's 594 response to the Court's Order 586 of 12/4/2012. Mr. Wiethe's award is adjusted as follows: Mr. Wiethe is awarded damages under the SBU program of $6,995.73, plus $1,000.00 for the insurance deductible, less $14,259.39 in insurance proceeds received, for a total award of $0. Signed by Magistrate Judge Karen L. Litkovitz on 1/14/2013. (art)
January 9, 2013 Opinion or Order Filing 593 ORDER setting Water in basement hearings for claimants: 562 Ada Barnes, 583 Harry Pearce, III, and 560 Louis and Jane Kohus. Hearing set for Friday, 3/1/2013 at 10:00 am in Courtroom 708 before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 1/9/2013. (art)
December 18, 2012 Opinion or Order Filing 589 ORDER re 561 Sewer backup claim filed by claimant Robert Meyer. The Court awards damages of $807.50 for plumbing and repair expenses incurred on February 10, 12, and 21, 2012, and $175.00 for the final clean-up for a total award of $982.50. Mr. Meyer's request for reimbursement of lost rental income is Denied as the Consent Decree covers damage to real or personal property only, and not lost income. Signed by Magistrate Judge Karen L. Litkovitz on 12/18/2012. (art)
December 12, 2012 Opinion or Order Filing 588 ORDER that claimant Mr. Hedelston and the City of Cincinnati provide a status report on Mr. Hedlesten's claim 512 within (30) days of the date of this Order. Signed by Magistrate Judge Karen L. Litkovitz on 12/12/2012. (art)
December 4, 2012 Opinion or Order Filing 586 ORDER that claimant 545 Vernon Wiethe be awarded $6,995.73 subject to the proviso indicated in this Order. Signed by Magistrate Judge Karen L. Litkovitz on 12/4/2012. (art)
November 19, 2012 Opinion or Order Filing 585 ORDER that claimaint's 552 sewer back up claim in this case as to Marilyn Eisbrouch is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 11/19/2012. (art) Modified on 11/19/2012 (art).
November 16, 2012 Opinion or Order Filing 584 ORDER that the Court awards $2,250.28 to Zina Harris for the damages sustained in her water in basement claim 571 , 538 . Signed by Magistrate Judge Karen L. Litkovitz on 11/16/2012. (art)
August 16, 2012 Opinion or Order Filing 573 ORDER that the claim 519 of Thomas Lloyd is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 8/16/2012. (art)
March 2, 2012 Opinion or Order Filing 550 ORDER awarding $8,455.00 for the damages sustained in this matter re 529 Water in basement claim filed by Dennis Oder, and Margaret Oder. Signed by Magistrate Judge Karen L. Litkovitz on 3/2/2012. (art)
January 5, 2012 Opinion or Order Filing 539 ORDER regarding 521 Water in basement claim of Robert L. Wells, Sr. awarding real and personal property damages in the amount of $23,654.69, less $5,000.00 in insurance proceeds received plus $500.00 for his insurance deductible, for a total award of $19,154.69. Signed by Magistrate Judge Karen L. Litkovitz on 1/5/2012. (art)
May 25, 2011 Opinion or Order Filing 509 OPINION AND ORDER re 501 Report of Ombudsman and 507 City of Cincinnati's Supplement. Pursuant to the hearing held on this matter on 5/24/2011, the Court CLARIFIES that under the Consent Decree in this case, the Magistrate Judge has jurisdiction to hear any matter in dispute between homeowners and the Metropolitan Sewer District arising from the Sewer Back Up program. Signed by Judge S Arthur Spiegel on 5/25/2011. (km1)
March 2, 2010 Opinion or Order Filing 414 OPINION AND ORDER denying Motion of Defendant City of Loveland Motion to Suspend Injunction Pending Appeal (doc. 35 in member case 1:09-cv-00029). Signed by Judge S Arthur Spiegel on 3/2/2010. (km1)
January 14, 2010 Opinion or Order Filing 409 OPINION AND ORDER granting 373 Motion for Judgment on the Pleadings in Case No. 1:09-cv-00029. The Court DECLARES that Defendant City of Loveland shall not be permitted to unilaterally terminate its 1985 agreement with the Board, and ENJOINS the C ity of Loveland from attempting to modify the Consent Decree in this matter by collateral attack, through termination of the 1985 agreement or otherwise, while Consent Decree obligations are pending; denying as moot 386 Plaintiffs' Motion to S tay Discovery Pending a Decision on the Motion for Judgment on the Pleadings in Case No. 1:09CV029; denying as moot 387 Motion for Protective Order to Stay Discovery Pending a Decision on the Motion for Judgment on the Pleadings in Case No. 1:09CV029, because its judgment on the pleadings terminates the Loveland matter, no. 1:09-cv-00029 completely. The Clerk is directed to dismiss Case No. 1:09-cv-00029 from the Court's docket. Signed by Judge S Arthur Spiegel on 1/13/2010. (km1)
June 23, 2009 Opinion or Order Filing 357 OPINION AND ORDER denying Motion to Dismiss by Defendant City of Loveland (filed as doc. 7 in consolidated case 1:09-cv-00029), denying as moot City of Cincinnati's Motion to Intervene (filed as doc. 8 in case 1:09-cv-00029). Signed by Judge S Arthur Spiegel on 6/23/2009. (km1, )
June 3, 2009 Opinion or Order Filing 354 OPINION AND ORDER granting 343 Motion to Consolidate Cases 1:02-cv-00107 and 1:09-cv-00029. The Court CONSOLIDATES the Loveland case, 1:09-cv-00029 into the Consent Decree case, 1:09-cv-00029. Signed by Judge S Arthur Spiegel on 6/2/2009. (km1, )
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