Lakefront at West Chester, LLC v. Holmes
| Lakefront at West Chester, LLC |
| Rosalind Holmes |
| 1:2021cv00444 |
| June 30, 2021 |
| US District Court for the Southern District of Ohio |
| Susan J Dlott |
| Karen L Litkovitz |
| Civil Rights: Other |
| 42 U.S.C. § 405 |
| Plaintiff |
Docket Report
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| Filing 32 USCA Case Number 21-3731 for #29 Notice of Appeal filed by Rosalind Holmes; case manager Virginia Lee Padgett, 513-564-7032. (er) |
Filing 31
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1.The Court certify that Ms. Holmes in forma pauperis appeal from the Order dismissing this action would not be taken in good faith within the meaning of 28 U.S.C. 1915(a)(3). 2.Ms. Holmes motion for leave to proceed in forma pauperis on appeal (Doc. #30 ) be DENIED. 3.Ms. Holmes be advised of the following: Pursuant to Fed. R. App. P. 24(a)(4), Ms. Holmes may file, within thirty (30) days after service of any Order adopting the Report and Recommendation to deny Ms. Holmes leave to appeal in forma pauperis, a motion with the Sixth Circuit Court of Appeals for leave to proceed as a pauper on appeal. Objections to R&R due by 9/1/2021. Signed by Magistrate Judge Karen L. Litkovitz on 08/17/2021. (bjc)(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 33
ORDER of USCA as to #29 Notice of Appeal: The appeal is dismissed, sua sponte, for lack of jurisdiction. The motions to seal and to seal are denied as moot. Note: No Mandate to issue. (er)
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| Filing 30 MOTION for Leave to Appeal in forma pauperis by Defendant Rosalind Holmes. (eh) |
| Filing 29 NOTICE OF APPEAL re #25 Order Adopting Report and Recommendations by Defendant Rosalind Holmes. (eh) |
| Filing 27 Letter of remand to Butler County Area III Court. (wam) |
| Filing 26 CLERK'S JUDGMENT affirming Doc. 25. (wam)(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 25
ORDER ADOPTING REPORT AND RECOMMENDATIONS. 1.Accordingly, Ms. Holmess motion to remove a state court civil action to the United States District Court (Doc. 1-2; Doc. 8) and motion in opposition of remand (Doc. 12) are DENIED. 2.Lakefronts motion to remand this matter to the Butler County, Ohio Area III Court (Doc. 2) is GRANTED.3.Holmess motions to file under seal (Doc. 3), to appoint counsel (Docs. 4, 11), to authorize electronic filing privileges (Doc. 9), and to withdraw notice of removal (Doc. 17), as well as her amended motion for removal to federal court (Doc. 19) are DENIED as moot.4.Lakefronts motion for bond under Ohio Rev. Code 1923.08 (Doc. 14) and motion to strike (Doc. 22) are DENIED as moot.5.This matter is DISMISSED from the docket of the Court for lack of subject matter jurisdiction.This matter is REMANDED to the state court. See 28 U.S.C. 1447(c).. Signed by Judge Susan J. Dlott on 8/3/2021. (wam)(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 24 Amended OBJECTION to #16 Report and Recommendations by Defendant Rosalind Holmes. (Attachments: #1 Exhibit A) (eh) |
| Filing 23 RESPONSE in Opposition re #22 MOTION to Strike filed by Defendant Rosalind Holmes. (Attachments: #1 Exhibit A) (eh) |
| Filing 22 MOTION to Strike #18 Response in Opposition to Motion, #20 Complaint, #19 MOTION for Removal to Federal Court by Plaintiff Lakefront at West Chester, LLC. (Higgins, Amy) |
| Filing 21 OBJECTION to #16 Report and Recommendations by Defendant Rosalind Holmes. (kh) |
| Filing 20 COMPLAINT with JURY DEMAND against Lakefront at West Chester, LLC, filed by Rosalind Holmes. (Attachments: #1 Exhibits Part 1, #2 Exhibits Part 2, #3 Exhibits Part 3, #4 Exhibits Part 4) (kh) Scanned as received. Modified docket text on 7/23/2021 (kl). |
| Filing 19 Amended MOTION for Removal to Federal Court by Defendant Rosalind Holmes. (kh) |
| Filing 18 Amended Motion in Opposition of Remand filed by Defendant Rosalind Holmes. (kh) |
| Filing 17 MOTION to Withdraw Notice of Removal to Federal Court by Defendant Rosalind Holmes. (kh) |
| Filing 16 REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. Ms. Holmes's motion to remove a state court civil action to the United States District Court (Doc. 1-2; Doc. #8 ) and "motion in opposition of remand" (Doc. #12 ) be DENIED; 2. Lakefront's motion to remand this matter to the Butler County, Ohio Area III Court (Doc. #2 ) be GRANTED; 3. Plaintiff's motions to file under seal (Doc. #3 ), to appoint counsel (Docs. 4 , #11 ), and to authorize electronic filing privileges (Doc. #9 ) and Lakefront's motion for bond under Ohio Rev. Code 1923.08 (Doc. #14 ) be DENIED as moot; 4. This matter be DISMISSED from the docket of the Court for lack of subject matter jurisdiction; 5. This matter be REMANDED to the state court. See 28 U.S.C. 1447(c). Objections to R&R due by 8/2/2021. Signed by Magistrate Judge Karen L. Litkovitz on 7/16/2021. (kh) (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 15
RELATED CASE MEMORANDUM ORDER: The Judges agree that case numbers 1:21-cv-444 and 1:20-cv-825 are NOT related and that the subject case should remain with the Judge to whom it is assigned. Signed by Judge Matthew W. McFarland and Judge Susan J. Dlott on 7/15/2021. (kh) (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 14 MOTION for Bond under R.C. 1923.08 by Plaintiff Lakefront at West Chester, LLC. (Attachments: #1 Affidavit in Support of Motion for Bond) (Higgins, Amy) |
| Filing 12 Motion in Opposition of Remand (RESPONSE in Opposition re #2 Emergency MOTION to Remand to State Court ) filed by Defendant Rosalind Holmes. (Attachments: #1 Exhibits) (eh) |
| Filing 11 Redacted MOTION to Appoint Counsel by Defendant Rosalind Holmes. (bjc) |
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Filing 10
ORDER - The Clerk of Court is hereby DIRECTED to redact the privacy information in the attachments to defendants motion. The Clerk of Court is further DIRECTED to electronically file the redacted version of the motion and attachments thereto. The Clerk is DIRECTED to seal the original motion and attachments and to reflect the sealing of the documents on the docket of the Court. The original motion and attachments shall be retained under seal until further order of the Court. Signed by Magistrate Judge Karen L. Litkovitz on 07/06/2021. (bjc)(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 9 MOTION for Removal to Federal Court/Motion to Issue an Order Authorizing Electronic Filing Privileges by Defendant Rosalind Holmes. (eh) |
| Filing 8 MOTION for Removal to Federal Court by Defendant Rosalind Holmes. (eh) |
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Filing 7
ORDER - Because the motions for removal to federal court in Case Nos. 1:21-cv-443 and 1:21-cv-444 are identical and therefore involve common questions of law and fact, the cases shall be consolidated. The Clerk of Court is DIRECTED to file a copy of this Order in both Case Nos. 1:21-cv-443 and 1:21-cv-444. The Clerk of Court is DIRECTED to file all future pleadings, notices and orders in Case No. 1:21-cv-444, as Lakefront at West Chester, LLC has entered an appearance and filed a substantive motion to remand in that case. Signed by Magistrate Judge Karen L. Litkovitz on 7/6/2021. (eh)(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 6
ORDER granting #1 Motion for Leave to Proceed in forma pauperis and authorizing commencement of this action without prepayment of fees or costs. Signed by Magistrate Judge Karen L. Litkovitz on 7/6/2021. (eh)(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 5
ORDER that the Court declines to issue her Report and Recommendation to the District Court regarding #2 plaintiff Lakefront at West Chester, LLC's Motion for Immediate Remand for which plaintiff requests emergency consideration without allowing defendant the opportunity to respond to the motion in accordance with the Federal Rules of Civil Procedure. Signed by Magistrate Judge Karen L. Litkovitz on 7/2/2021. (art)(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 3 Emergency MOTION to File Under Seal by Defendant Rosalind Holmes. (kh) |
| Filing 2 Emergency MOTION to Remand to State Court by Plaintiff Lakefront at West Chester, LLC. (Higgins, Amy) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Defendant Rosalind Holmes. (Attachments: #1 Motion for Electronic Filing Privileges, #2 Motion for Removal to Federal Court, #3 Civil Cover Sheet, #4 Supplemental Civil Cover Sheet) (kh) |
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| Defendant: Rosalind Holmes | |
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| Plaintiff: Lakefront at West Chester, LLC | |
| Represented By: | Amy L. Higgins |
| Represented By: | Jeffrey Jay Greenberger |
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