Barrow v. Living Word Church et al
| Samuel Barrow |
| Living Word Church, Cashland Financial Services, Inc, Pat Murray, Jackie Murray, Antoinette Nartker, Laura Moore, Jack Daugherty, ABF Freight Systems, Inc and Cash America International |
| 3:2015cv00341 |
| September 25, 2015 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H. Rice |
| Other Civil Rights |
| 42 U.S.C. ยง 1981 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
130
CLERK'S JUDGMENT in favor of ABF Freight Systems, Inc, Cash America International, Cashland Financial Services, Inc against Samuel Barrow. Signed by Judge Walter H. Rice on 5/4/2017. (srb)
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Filing
115
AMENDED DECISION AND ENTRY OVERRULING PLAINTIFF SAMUEL BARROWS OBJECTIONS (DOC. # 100 ) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION TO DISMISS OF DEFENDANTS CASHLAND FINANCIAL SERVICES, INC., CASH AMERICA INTERNATIONAL, INC., AND JACK DAUGHER TY (COLLECTIVELY THE CASHLAND DEFENDANTS) BE SUSTAINED (CASHLAND DEFENDANTS REPORT AND RECOMMENDATIONS) (DOC. # 87 ); OVERRULING PLAINTIFFS OBJECTIONS (DOC. # 107 ) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANT ABF FREIGHT SYSTEMS, INC., BE SUSTAINED (ABF REPORT AND RECOMMENDATIONS) (DOC. # 98 ); ADOPTING IN PART AND REJECTING IN PART SAID CASHLAND DEFENDANTS (DOC. # 87 ) AND ABF (DOC. # 98 ) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICH AEL R. MERZ IN THE MANNER SET FORTH HEREIN; SUSTAINING CASHLAND DEFENDANTS MOTION TO DISMISS (DOC. # 70 ) AND ABFS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. # 81 ); PLAINTIFFS CLAIMS IN THE SECOND AMENDED COMPLAINT (DOC. # 63 ) AGAINST THE CASHLAN D DEFENDANTS AND ABF FOR INVASION OF PRIVACY (COUNT IV) AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (COUNT V) ARE DISMISSED WITH PREJUDICE AS AGAINST DAUGHERTY AND WITHOUT PREJUDICE AS AGAINST CASHLAND, CASH AMERICA AND ABF; PLAINTIFF WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THIS ENTRY TO FILE AN AMENDED COMPLAINT AGAINST CASHLAND, CASH AMERICA AND ABF; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DAUGHERTY AND AGAINST PLAINTIFF ON COUNTS IV AND V. ( AMENDED TO CORRECT PAGE 9 LAST PARAGRAPH TO INCLUDE THE WORD NOT). Signed by Judge Walter H. Rice on 2/14/2017. (jdf)
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Filing
113
DECISION AND ENTRY OVERRULING PLAINTIFF SAMUEL BARROWS OBJECTIONS (DOC. # 100 ) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION TO DISMISS OF DEFENDANTS CASHLAND FINANCIAL SERVICES, INC., CASH AMERICA INTERNATIONAL, INC., AND JACK DAUGHERTY (COLLEC TIVELY THE CASHLAND DEFENDANTS) BE SUSTAINED (CASHLAND DEFENDANTS REPORT AND RECOMMENDATIONS) (DOC. # 87 ); OVERRULING PLAINTIFFS OBJECTIONS (DOC. # 107 ) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANT AB F FREIGHT SYSTEMS, INC., BE SUSTAINED (ABF REPORT AND RECOMMENDATIONS) (DOC. # 98 ); ADOPTING IN PART AND REJECTING IN PART SAID CASHLAND DEFENDANTS (DOC. # 87 ) AND ABF (DOC. # 98 ) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL R. MERZ IN THE MANNER SET FORTH HEREIN; SUSTAINING CASHLAND DEFENDANTS MOTION TO DISMISS (DOC. # 70 ) AND ABFS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #81); PLAINTIFFS CLAIMS IN THE SECOND AMENDED COMPLAINT (DOC. # 63 ) AGAINST THE CASHLAND DEFENDANTS AND AB F FOR INVASION OF PRIVACY (COUNT IV) AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (COUNT V) ARE DISMISSED WITH PREJUDICE AS AGAINST DAUGHERTY AND WITHOUT PREJUDICE AS AGAINST CASHLAND, CASH AMERICA AND ABF; PLAINTIFF WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THIS ENTRY TO FILE AN AMENDED COMPLAINT AGAINST CASHLAND, CASH AMERICA AND ABF; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DAUGHERTY AND AGAINST PLAINTIFF ON COUNTS IV AND V.. Signed by Judge Walter H. Rice on 2/13/2017. (jdf)
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Filing
109
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS THE LIVING WORD CHURCH, PAT MURRAY AND JACKIE MURRAYS (COLLECTIVELY THE LIVING WORD DEFENDANTS) OBJECTIONS (DOC. # 68 ) TO THE MAY 3, 2016, REPORT AND RECOMMENDATIONS THAT MOTION TO DISMISS BE DENIED (INITIAL REPORT AND RECOMMENDATIONS) (DOC. # 57 ), SUSTAINING IN PART AND OVERRULING IN PART OBJECTIONS OF THE LIVING WORD DEFENDANTS (DOC. # 92 ) TO THE JULY 25, 2016, SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON THE LIVING WORD DEFENDANTS MOTION TO DISMISS, AND REPORT AND RECOMMENDATIONS ON THE LIVING WORD DEFENDANTS RENEWED MOTION TO DISMISS (SUPPLEMENTAL REPORT AND RECOMMENDATIONS) (DOC. # 84 ), RECOMMENDING THAT BOTH THE INITIAL AND RENEWED MOTIONS TO DISMISS BE DENIED; REJECTING SAID INITIAL (DOC. # 57 ) AND SUPPLEMENTAL (DOC. # 84 ) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL R. MERZ; SUSTAINING IN PART AND OVERRULING WITHOUT PREJUDICE IN PART MOTION TO DISMISS OF THE LIVING WORD DEFENDANTS (DOC. # 19 ), AND SUSTAINING IN PART AND OVERRULING IN PART RENEWED MOTION TO DISMISS OF THE LIVING WORD DEFENDANTS AS TO PLAINTIFF SAMUEL BARROWS SECOND AMENDED COMPLAINT (DOC. # 71 ); PLAINTIFFS CLAIM UNDER 42 U.S.C. § 1981 AGAINST THE LIVING WORD DEFEND ANTS (COUNT I) IS DISMISSED WITHOUT PREJUDICE; PLAINTIFF WILL HAVE TWENTY-ONE (21) DAYS FROM THE DATE OF THIS ENTRY TO FILE AN AMENDED COMPLAINT, WITHIN THE STRICTURES OF FED. R. CIV. P. 11; STATE LAW CLAIMS AGAINST THE LIVING WORD DEFENDANTS (COUNTS II-VI) REMAIN PENDING BEFORE COURT. Signed by Judge Walter H. Rice on 9/16/2016. (jdf)
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Filing
98
REPORT AND RECOMMENDATIONS - The Magistrate Judge concludes that Plaintiff has failed to plead a claim against ABF upon which relief can be granted and hereby recommends that the Second Amended Complaint should, as to ABF, be DISMISSED WITH PREJUDICE. Objections to R&R due by 9/9/2016. Signed by Magistrate Judge Michael R. Merz on 8/20/2016. (kpf)
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Filing
96
DECISION AND ORDER ON MOTION TO INTERVENE; ORDER TO THE CLERK - The Motion of Eugene Volokh to intervene in this case for limited purposes (ECF No. 90) is GRANTED. With the hope that he may wish to do so and therefore will have occasion to file fur ther papers in this case, his request to file electronically is GRANTED. The Clerk shall facilitate his registration for that purpose. In addition, the Clerk is ORDERED to unseal the Second Amended Complaint forthwith. Signed by Magistrate Judge Michael R. Merz on 8/16/2016. (kpf)
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Filing
89
ORDER STRIKING MOTION TO DISMISS 88 because it was filed more than a month after the deadline. Signed by Magistrate Judge Michael R. Merz on 8/4/2016. (kpf)
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Filing
87
REPORT AND RECOMMENDATIONS - Judged under the Iqbal/Twombly standard, the Second Amended Complaint does not state a claim for relief against the Cashland Defendants. It is therefore respectfully recommended that the Second Amended Complaint be dismi ssed as to those Defendants with prejudice. The dismissal should be with prejudice because Plaintiff has been given ample opportunity to amend to properly assert any viable claims. Objections to R&R due by 8/22/2016. Signed by Magistrate Judge Michael R. Merz on 8/3/2016. (kpf)
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Filing
85
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - re 49 Objections to R&R due by 8/11/2016. Signed by Magistrate Judge Michael R. Merz on 7/25/2016. (srb)
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Filing
67
ORDER ADOPTING REPORT AND RECOMMENDATIONS. - The Court has reviewed the Report and Recommendations ofUnited States Magistrate Judge Michael R. Merz (ECF No. 58 ), 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, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that the motion of Defendants Cashland Fina ncial Services, Inc.; Cash America International, Inc.; and Jack Daugherty to dismiss pursuant to Fed. R. Civ. P. l2(b)(6) for failure to state a claim against them on which relief can be granted (ECF No. 27 ) is DENIED.Signed by Judge Walter H. Rice on 5/26/2016. (srb)
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Filing
65
REPORT AND RECOMMENDATIONS ON DEFENDANT ANTOINETTE NARTKER'S MOTION TO DISMISS - It is respectfully recommended that the Motion to Dismiss or for judgment on the pleadings of Defendant Antoinette Nartker (ECF No. 49) be denied. Objections to R&R due by 6/6/2016. Signed by Magistrate Judge Michael R. Merz on 5/20/2016. (kpf)
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Filing
58
REPORT AND RECOMMENDATIONS ON CASHLAND DEFENDANTS' MOTION TO DISMISS - It is respectfully recommends the Cashland Defendants' Motion to Dismiss be GRANTED unless Plaintiff files an amended complaint curing the pleading deficiencies not later than May 19, 2016. Objections to R&R due by 5/23/2016. Signed by Magistrate Judge Michael R. Merz on 5/5/2016. (kpf)
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Filing
57
DECISION AND ORDER GRANTING MOTION TO AMEND; REPORT AND RECOMMENDATION THAT MOTION TO DISMISS BE DENIED - Motion of Defendants Living Word Church, Pat Murray, and Jackie Murray (the Moving Defendants) to Dismiss this case under Fed. R. Civ. P. 12(b) (1) for lack of subject matter jurisdiction under the ecclesiastical abstention doctrine and under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted (ECF No. 19) is DENIED. Plaintiff's Motion to Amend (ECF No. 26) is GRANTED. Signed by Magistrate Judge Michael R. Merz on 5/3/2016.(kpf)
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