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02-107 - USA v. Bd Of Comm Ham Co, et al


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02-107 - USA v. Bd Of Comm Ham Co, et al
August 23, 2005
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OPINION AND ORDER granting 136 Motion for Attorney Fees and Costs. The Court AWARDS the following amounts: to Albert J. Slap, Esq., the Court awards $491,867.27 in fees and costs. To D. David Altman, Co., LPA the Court AWARDS $315,246.50 in fees and costs. To the Sierra Club the Court AWARDS $151,631.19. The total amount of fees and costs awarded to various Plaintiffs is $958,744.96. Signed by Judge S Arthur Spiegel on 8/23/2005. (km, )
August 23, 2005
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CLERK'S JUDGMENT entered affirming Court Order 144. (km, )
June 3, 2009
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OPINION AND ORDER granting 343 Motion to Consolidate Cases 1:02-cv-00107 and 1:09-cv-00029. The Court CONSOLIDATES the Loveland case, 1:09-cv-00029 into the Consent Decree case, 1:09-cv-00029. Signed by Judge S Arthur Spiegel on 6/2/2009. (km1, )
January 14, 2010
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OPINION AND ORDER granting 373 Motion for Judgment on the Pleadings in Case No. 1:09-cv-00029. The Court DECLARES that Defendant City of Loveland shall not be permitted to unilaterally terminate its 1985 agreement with the Board, and ENJOINS the City of Loveland from attempting to modify the Consent Decree in this matter by collateral attack, through termination of the 1985 agreement or otherwise, while Consent Decree obligations are pending; denying as moot 386 Plaintiffs' Motion to Stay Discovery Pending a Decision on the Motion for Judgment on the Pleadings in Case No. 1:09CV029; denying as moot 387 Motion for Protective Order to Stay Discovery Pending a Decision on the Motion for Judgment on the Pleadings in Case No. 1:09CV029, because its judgment on the pleadings terminates the Loveland matter, no. 1:09-cv-00029 completely. The Clerk is directed to dismiss Case No. 1:09-cv-00029 from the Court's docket. Signed by Judge S Arthur Spiegel on 1/13/2010. (km1)
March 12, 2013
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ORDER that the Kohuses 560 are entitled to judicial review of the denial of their 6-2011 claim. MSD and the City shall have the right to address the valuation of the property damage alleged by the Kohuses. The Court grants MSD and the City an extension of time of (90) days from the date of this Order to submit their response. Upon submission of a response by the City on the valuation of the Kohuses' property damages, the Court shall set an evidentiary hearing on the damages claim. Nothing in this Order should be construed as barring the City from seeking a modification of the Consent Decree or supplemental orders implementing the judicial review process as it relates to the scope of claims under the SBU claims program. Signed by Magistrate Judge Karen L. Litkovitz on 3/12/2013. (art)
October 2, 2013
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NOTATION ORDER granting parties 624 Joint Motion to Dismiss 607 & 615 request for review of sewer back-up claim filed by Michael and Cheryl Issacs. Signed by Magistrate Judge Karen L. Litkovitz on 10/2/2013. (art)
June 26, 2014
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ORDER that the City is enjoined from using CMC 318, CMC 320, and CMC 321 in the procurement of contracts for Consent Decree sewer projects and is ordered to follow the County's rules, regulations, and resolutions and Ohio state law in procuring Consent Decree sewer projects both within and outside the City boundaries. Signed by Magistrate Judge Karen L. Litkovitz on 6/26/2014. (art)
March 29, 2016
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ORDER that the Court Denies the 785 Sewer back-up appeal filed by claimant Kenneth McNeal. Signed by Magistrate Judge Karen L. Litkovitz on 3/29/2016. (art)
January 25, 2017
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ORDER that the Court Denies the sewer back-up claim 829 filed by claimants Willa and Edgar Russell. Signed by Magistrate Judge Karen L. Litkovitz on 1/25/2017. (art)
May 9, 2017
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ORDER that the Court awards $1,111.99 to Ms. Johnda Keuffer for damages sustained pursuant to the 847 Sewer back-up claim filed in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 5/9/2017. (art)
May 15, 2017
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ORDER that the sewer back-up appeal claim filed by 850 claimants Herbie Schell, and Angela Schell is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 5/12/2017. (art)
May 23, 2017
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ORDER re 843 Request for Review filed by James Clark, Sharell Clark. The Court awards $14,060.57 to Mr. and Mrs. Clark for the damages sustained in this case. Signed by Magistrate Judge Karen L. Litkovitz on 5/23/17. (sct)
June 19, 2017
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)ORDER regarding 857 Sewer back-up claim filed by David Guerdan. In summary, the Court awards Mr. Guerdan a total award of $4,255.00 for the damages sustained in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 6/19/2017. (art
June 20, 2017
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ORDER regarding 868 Sewer back-up claims filed by Mary Dale. The Court awards $5,233.00 to Ms. Dale for the damages sustained in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 6/20/2017. (art)
June 29, 2017
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ORDER awarding $717.70 ($4,644.00 for basement build back plus $823.70 for personal property loss assessed by MSD plus $500.00 insurance deductible minus $5,250.00 insurance proceeds) to Mrs. Harrison for the damages sustained related to her 851 Sewer back-up claim. Signed by Magistrate Judge Karen L. Litkovitz on 6/28/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 9, 2017
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ORDER that the Court Denies 897 claimant Susan J. Cook's claim for compensation for her outside retaining wall and plumbing expenses, the Court awards Ms. Cook $3,465.14 for her other damages in this case. Signed by Magistrate Judge Karen L. Litkovitz on 8/9/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 21, 2017
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eive electronic notification.)ORDER that the 856 Sewer back-up appeal claim filed by Gretchen Aichele be Denied. Signed by Magistrate Judge Karen L. Litkovitz on 8/21/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not rec
August 22, 2017
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ORDER that the sewer back-up claim / appeal 898 filed by Phillip G. Cargile is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 8/22/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 23, 2017
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ORDER that the sewer back-up claim/appeal 902 filed by Doug Huff be Denied. Signed by Magistrate Judge Karen L. Litkovitz on 8/23/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 25, 2017
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nt has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)ORDER that 916 claimant Robin Lynn Mitchell submit further information to the Court no later than 9/13/2017. MSD should submit its supplemental response by 9/13/2017. Signed by Magistrate Judge Karen L. Litkovitz on 8/24/2017. (art)(This docume
August 25, 2017
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e party(ies) listed in the NEF that did not receive electronic notification.)ORDER that the Court awards $3,793.29 to Mr. James Busick for the damages sustained related to sewer back-up claim/appeal 886. Signed by Magistrate Judge Karen L. Litkovitz on 8/25/2017. (art)(This document has been sent by regular mail to th
September 11, 2017
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ORDER that the Court awards $6,971.12 re sewer back-up claim 920 filed by Shielah Smith for the damages sustained in this case. Signed by Magistrate Judge Karen L. Litkovitz on 9/8/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 14, 2017
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ORDER awarding $5,484.52 to claimant 926 Erin Hanley for damages sustained in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 9/13/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 3, 2017
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ORDER following hearing on 970 Sewer back-up claim filed by Laura L. McCreadie. The Court stays its decision on Ms. McCreadie's request for review pending resubmission of her claim to MSD and any other supplemental information she wishes MSD to consider in the claim. MSD shall make a decision on her SBU claim within (60) days. If Ms. McCreadie disagrees with MSD's decision on her claim, she may request in writing that her appeal to this Court be reopened. In such event, this matter will be scheduled for a supplemental hearing. Signed by Magistrate Judge Karen L. Litkovitz on 10/3/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 5, 2017
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ORDER that the Court awards $9,868.00 regarding the 958 Sewer back-up claim filed by Ella Thomas. Signed by Magistrate Judge Karen L. Litkovitz on 10/5/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 13, 2017
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ORDER that the Court upholds MSD's decision regarding the SBU claim 1033 filed by Philip Miazga. Signed by Magistrate Judge Karen L. Litkovitz on 10/13/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 18, 2017
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ORDER that the Court awards $18,282.17 to claimant 988 Ms. Karen Marie Wagner for the damages sustained in this case ($13,491.11 [MSD's valuation of items, not including the commercial washer and dryer and flooring] + $1,019.61 for the commercial washer + $471.45 for the commercial dryer + $3,300.00 for the reclaimed Douglas Fir wood flooring). Signed by Magistrate Judge Karen L. Litkovitz on 10/18/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 18, 2017
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ORDER that the Court Denies 964 the SBU claim filed by Joseph Flack. Signed by Magistrate Judge Karen L. Litkovitz on 10/18/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 30, 2017
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ORDER that the SBU claim 973 filed by Ronnie Cobb is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 10/30/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 30, 2017
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ORDER that because SBU claimant 955 Diane Henson did not report any sewer backup to MSD within 24 hours of its occurrence in March 2017, and because MSD has presented persuasive evidence that overland flooding and not a surcharge of the public sanitary sewer system most likely caused Ms. Henson's basement backup, the Court upholds MSD's decision in this case. Signed by Magistrate Judge Karen L. Litkovitz on 10/30/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 8, 2017
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ORDER that the SBU appeal claim 943 filed by Bryan Stockelman is hereby Denied. Signed by Magistrate Judge Karen L. Litkovitz on 11/8/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 9, 2017
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ORDER that the SBU appeal claim 1051 filed by Carol Roehling is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 11/9/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 15, 2017
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ORDER that the Court awards $16,125.65 to claimant 951 Kimberly Turnbow for the SBU damages sustained in this case ($9,721.16 [MSD's valuation of items, excluding the itemized list on pages 5 and 6] + $1,518.49 [items on pages 5 and 6] + $4,827.00 [electrical panel work] + $59.00 [service charge for electrical panel work]. Signed by Magistrate Judge Karen L. Litkovitz on 12/15/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 10, 2018
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ORDER that the 1046 SBU appeal claim filed by Michelle Lynett Bruce is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 1/10/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 19, 2018
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ORDER that the SBU claim 970 & 1172 filed by claimant Laura L. McCreadie is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 1/19/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 19, 2018
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ORDER that the SBU claim 1070 filed by claimant Jonathan Smith is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 1/19/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 19, 2018
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ORDER that the SBU claim 1173 filed by claimant Mary Campany is Denied. Signed by Magistrate Judge Karen L. Litkovitz on 1/19/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)