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13-668 - Farnhurst, LLC et al v. City of Macedonia, et al


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13-668 - Farnhurst, LLC et al v. City of Macedonia, et al
November 5, 2015
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Memorandum Opinion and Order: Plaintiffs' motion to disqualify (Doc. No. 116) is granted. Neither Defendant Diemert nor Defendant Hanculak may serve as counsel for any other party in this lawsuit. Further, the Diemert Firm is also disqualified from representing any party but Diemert and/or Hanculak. Judge Sara Lioi on 11/5/2015. (P,J)
November 13, 2015
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Memorandum Opinion and Order: The PEHA defendants' motion for sanctions and attorney fees (Doc. No. 150) is granted. To the extent the discovery information that plaintiffs have failed to supply has any relevance to remaining claims, plaintiffs will be prohibited from using such information at any time with respect to any claim or defendant. Additionally, the defendants shall be awarded reasonable attorney fees and expenses in the amount of $5,355.00. Judge Sara Lioi on 11/13/2015. (P,J)
February 10, 2016
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Memorandum Opinion and Order: Defendants' joint motion to strike and for sanctions (Doc. No. 274) is denied, with the caveat expressed herein. Plaintiffs' motion for leave to file a surreply (Doc. No. 280) is denied, there being no good cause for the additional filing. The Court will defer ruling on defendant Joseph Migliorini's motion to show cause and for sanctions (Doc. No. 250), as it is unrelated to the dispositive motions. Plaintiffs have failed in their burden to establish any of their federal claims that brought this fundamentally local dispute to federal court. Defendants are all entitled to summary judgment on all of plaintiffs' federal claims. Therefore, Doc. Nos. 192, 193, 194, 195, 197, 198 and 199 are all granted in part. Having resolved all the federal claims, pursuant to 28 U.S.C. Section 1367(c)(2) & (3), the Court declines to exercise supplemental jurisdiction over any of the state claims and dismisses them all without prejudice. But, before entering final judgment, the Court will offer the parties another opportunity to resolve all issues in the case. By noon on February 16, 2016, the parties shall jointly advise the Court in writing whether they would like to have this case referred to Magistrate Judge Limbert for mediation. If the parties are not in agreement to mediate the case, the Court will enter final judgment in accordance with this Memorandum Opinion and Order. If the parties agree to mediation, it must be completed by no later than February 29, 2016. Judge Sara Lioi on 2/10/2016. (P,J)