Brooks v. Miami Valley Hospital et al
| Mark A Brooks |
| Miami Valley Hospital, Dale Creech, Jr, Jill Herman and Bernita Ricks |
| 3:2011cv00318 |
| September 6, 2011 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Walter H Rice |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 1331 |
| 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
ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS 39 ; denying 30 Motion to Vacate ; (Per MRM Chambers) terminating 33 Report and Recommendations. The Court has reviewed the Supplemental Report and Recommendations of United States Magistr ate Judge Michael R. Merz (Doc. 39 ), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, her eby ADOPTS said Supplemental Report and Recommendations. It is hereby ORDERED that the Motion for Relief from Judgment (Doc. 30 ) is DENIED and this case remains TERMINATED on the docket of this Court. Signed by Judge Walter H Rice on 6/11/2013. (kf)
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Filing
39
SUPPLEMENTAL REPORT AND RECOMMENDATIONS re 30 MOTION to Vacate 28 Order Adopting Report and Recommendations,, filed by Mark A Brooks. It is therefore again respectfully recommended that the Motion for Relief from Judgmentbe denied. Objections to R&R due by 5/6/2013. Signed by Magistrate Judge Michael R Merz on 4/17/2013. (kf)
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Filing
35
RECOMMITTAL ORDER re 33 REPORT AND RECOMMENDATIONS - The District Judge has preliminarily considered the Objections 34 and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, purs uant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Walter H Rice on 4/5/2013. (kf)
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Filing
33
REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - The present Motion for Relief from Judgment should be denied without prejudice to its renewal in the event Plaintiff obtains a favorable judgment from Judge Tucker. Objections to R&R due by 4/15/2013. Signed by Magistrate Judge Michael R Merz on 3/28/2013. (kpf1)
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Filing
28
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE ON AWARD OF EXPENSES OF REMOVAL (DOC. # 23 ) IN THEIR ENTIRETY AND OVERRULING PLAINTIFF'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. # 24 ); ATTORNEY FEES AND COSTS ASSESSE D IN THE AMOUNT OF $11,093.50 FOR ATTORNEY FEES AND EXPENSES IN THE AMOUNT OF $258.45, FOR A TOTAL OF $11,351.95; JUDGMENT TO ENTER ACCORDINGLY; FURTHER SUPPLEMENTATION MAY BE FILED BY DEFENDANTS WITHIN STATED PERIOD OF TIME, WITH REQUEST FOR AMENDED JUDGMENT; TERMINATION ENTRY. Signed by Judge Walter H Rice on 08/22/12. (pb1)
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Filing
27
JUDGMENT in favor of Miami Valley Hospital, Bernita Ricks, Dale Creech, Jr, Jill Herman against Mark A Brooks. With Notice of Disposal attached. Case Terminated. Signed on 03/29/2012. (kf)
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Filing
23
REPORT AND RECOMMENDATIONS ON AWARD OF EXPENSES OF REMOVAL re 13 MOTION for Attorney Fees Memorandum in Support filed by Bernita Ricks, Miami Valley Hospital, Jill Herman, Dale Creech, Jr. Based on Mr. Whelleys Affidavits and the in-cou rt testimony of Mr. Whelley and Mr. Waite, the Magistrate Judge finds that Defendant Miami Valley Hospital has actually incurred attorney reasonable and necessary attorney fees in the amount of $11,093.50 and expenses in the amount of $258.45 for a total of $11,351.952 which it is respectfully recommended be awarded to Defendant Miami Valley Hospital. Objections to R&R due by 1/23/2012. Signed by Magistrate Judge Michael R Merz on 1/4/2012. (kf)
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