Brooks v. Dalton et al
| Ulious Brooks |
| Jessica Dalton, Erdos and Cool |
| 1:2016cv00564 |
| May 19, 2016 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| SCIOTO |
| Michael R. Barrett |
| Stephanie K. Bowman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
40
DECISION AND ENTRY ADOPTING 39 REPORT AND RECOMMENDATIONS. Plaintiff's two motions for summary judgment (Docs. 20, 23) are DENIED. Plaintiff's motion for default judgment (Doc. 35) is DENIED AS MOOT. Defendants' motion fo r summary judgment (Doc. 34) is GRANTED. All claims are accordingly DISMISSED WITH PREJUDICE except for Plaintiff's pendent state law claim against Defendant Dalton, which is DISMISSED WITHOUT PREJUDICE. This case shall be CLOSED. Signed by Judge Timothy S. Black on 8/16/17. (sct) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
39
REPORT AND RECOMMENDATIONS re 20 23 Plaintiff's Motions for Summary Judgment, 35 Plaintiff's Motion for Default Judgment, 34 Defendants' Motion for Summary Judgment. IT IS RECOMMENDED THAT: (1) Plaintiff's two motions for summary judgment, filed 10/27/2016 and 10/28/2016 20 23 should be DENIED; (2) Plaintiff's motion for default judgment 35 should be DENIED as moot; (3) Defendants' motion for summary judgment 34 should be GRANTED for the reasons sta ted, with all claims dismissed with prejudice except for Plaintiff's pendent state law claim of libel against Defendant Dalton, which should be dismissed without prejudice; (4) Consistent with this Report and Recommendation, this case should be CLOSED. Objections to R&R due by 6/26/2017. Signed by Magistrate Judge Stephanie K. Bowman on 6/12/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
29
ORDER granting 26 Motion for Leave to File additional evidence in support of his motion for summary judgment against Defendant Dalton, with the attached exhibits to be considered in support of his prior 23 motion. Plaintiff's tw o motions for summary judgment 20 and 23 , shall be HELD IN ABEYANCE at this time pending Defendants' response. Plaintiff's motions for a court-appointed expert and for sanctions based upon alleged spoliation 21 and 22 are DENIED as moot for the reasons stated in Defendant's response in opposition, and in light of the Court's prior denial of the same motions in Case No. 1:15-cv-812. Defendants' Rule 56(d) motion to exte nd time to respond to Plaintiff's two motions for summary judgment 24 is GRANTED in part. Based upon the limited nature of the motions and the discovery deadline of April 3 in this case, Defendants shall file any response on or before 4/17/17. To the extent that the dismissal of closely related Case No. 1:15-cv-812 appears highly likely to impact some if not all of the claims asserted in this case, Defendants are encouraged to file any appropriate motio n relating to the prior case at their earliest convenience. Signed by Magistrate Judge Stephanie K. Bowman on 1/12/17. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
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ORDER adopting Report and Recommendation re 8 Report and Recommendation; this matter is transferred to the docket of the Honorable Timothy S. Black. Signed by Judge Michael R. Barrett on 8/5/16. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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