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13-624 - Andwan v Greenhills Village of, et al.


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13-624 - Andwan v Greenhills Village of, et al.
October 16, 2014
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REPORT AND RECOMMENDATIONS re 55 Plaintiff's Motion to Amend Complaint. IT IS RECOMMENDED THAT Plaintiff's motion to amend her complaint 55 should be GRANTED IN PART and DENIED IN PART AS FOLLOWS: (1) Plaintiff's request to add Counts I and II in her Proposed Amended Complaint (Doc. 55-1) should be denied;(2) Plaintiff's request to add Count III should be denied to the extent that she concedes no possible claim exists under 42 U.S.C. §14141 or §42 U.S.C. 1985(3), but her request to include the proposed amendment under 42 U.S.C. §1983 is granted; (3) Plaintiff's request to amend her complaint to assert Count IV against all Defendants should be granted, with the exception of the State of Ohio as to which no claim can be stated; (4) Plaintiff's request to amend her complaint to reassert Count V should be granted; (5) Plaintiff's request to amend her complaint to reassert Count VI should be granted as to the five Defendants named in her original complaint, but otherwise should be denied because any amendment is barred by the statute of limitations; (6) Plaintiff's request to amend her complaint to assert Count VII for failure to intervene should be denied; (7) Plaintiff's request to amend her complaint to reassert Count VIII should be granted; (8) Plaintiff's request to amend her complaint to reassert a federal abuse of process claim in Count IX should be granted to the extent that such claim is construed as arising under 42 U.S.C. §1983, but should be denied to the extent that the amended complaint erroneously cites the FTCA; (9) Plaintiff's request to amend her complaint to reassert Count X also should be granted; (10) Plaintiff's request to amend to add a claim for intentional infliction of emotional distress in Count XI should be denied as to any political subdivision Defendants and permitted only against the individual Defendants to the extent that they are sued in their individual capacities; (11) Plaintiff's request to amend to add a claim of negligent infliction of emotional distress and a general negligence claim in Counts XII and XIII should be denied as to all Defendants except for Defendant Gregory Lester and the State of Ohio; (12) Plaintiff's request to amend to add eleven new individuals as Defendants should be DENIED, because the proposed amended complaint fails to state any claim against the following individuals: Evonne L. Kovach, Jeffrey D. Forbes, Fred H. Murrell, Glenn A. Drees, L. Christine Visnich, Kenneth R. Burck, Sr., Joseph E. Wolterman, Jr., Gregory F. Hermes, David B. Adams, Maria C. Waltherr-Willard, and Jeffrey T. Halter. By contrast, Plaintiff's request to add David B. Moore and Georgia Z. Coddington as new individual Defendants should be GRANTED. Objections to R&R due by 11/3/2014. Signed by Magistrate Judge Stephanie K. Bowman on 10/16/2014. (km1)
December 24, 2014
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ORDER adopting Report and Recommendation 68; denying 83 Motion to Strike. Plaintiff's objections are overruled. This matter is committed to Mag. Judge. Signed by Judge Sandra S Beckwith on 12/24/14. (mb)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 23, 2015
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REPORT AND RECOMMENDATIONS re 78 79 80 81 Defendant's Motion to Dismiss. IT IS RECOMMENDED THAT all pending motions to dismiss the prior amended complaint 78 79 80 81 be DENIED AS MOOT. The newly proposed amendment greatly reduces both the number of claims and the number of Defendants. All Defendants who previously filed motions to dismiss have been dismissed from the second amended complaint, which asserts claims only against the Village of Greenhills, Officer Andrew D Moore, and Gregory Lester. Objections to R&R due by 2/9/2015. Signed by Magistrate Judge Stephanie K. Bowman on 1/23/2015. (km1)
February 23, 2015
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ORDER finding as moot [78-81] Motions to Dismiss; adopting report & recommendation. Signed by Judge Sandra S Beckwith on 2/23/15. (mb)
April 15, 2015
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ORDER granting 110 Defendant Village of Greenhills & Andrew Moore' Motion for Partial Judgment on the Pleadings and enters judgment in their favor on plaintiff's claim for common law assault and batters. The Village of Greenhills is also entitled to judgment on the claim of intentional infliction of emotional distress. The case remains pending on the claims against the Village of Greenhills, Officer Moore, and Gregory Lester. Signed by Judge Sandra S Beckwith on 4/15/15. (mb)
June 30, 2015
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MEMORANDUM ORDER: It is Ordered that Plaintiff's motion to stay, motion for extension of time until her case file is produced, and motion to compel production of her case file (Docs. 117, 118) are DENIED AS MOOT in light of the production of her case file to her by her most recent counsel. Her request for a copy of the parties' Rule 26(f) report is similarly denied based upon the filing of the same in the record of this case. (See Doc. 75); Plaintiff's motion to amend/correct Judge Beckwith's prior order granting Mr. Conway's motion to withdraw as counsel (Doc. 123) is DENIED on grounds that the undersigned does not find the Court's order to be prejudicial; The deadline for completion of fact discovery is hereby EXTENDED until July 30, 2015; Except as to the deadline for fact discovery, the ruling on Plaintiff's pending motion for an extension of time, motion to compel, and motion to schedule an in-person case management conference (Doc. 125) will be STAYED until the filing of a formal response by Defendants or the expiration of time for doing so; In order to minimize further delay, Defendants shall file a written response to Plaintiff's pending motion (Doc. 125) on or before July 8, 2015; The Clerk of Court shall mail a courtesy copy of this order to former counsel, Mr. Conway, by regular United States mail. Signed by Magistrate Judge Stephanie K. Bowman on 6/30/15. (sct) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 18, 2017
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MEMORANDUM OPINION AND ORDER denying 193 Second Motion for Reconsideration for reconsideration of the Court's prior orders denying her the appointment of counsel and/or additional stays of this litigation. A courtesy copy of this Order shall be transmitted to Dr. Patrick Swanson at Talbert House, 5837 Hamilton Ave., Cincinnati, OH 45224. Signed by Magistrate Judge Stephanie K. Bowman on 1/18/17. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 15, 2017
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MEMORANDUM OPINION AND ORDER denying 195 Plaintiff's Motion to Disqualify Magistrate Judge Bowman. Plaintiff's related motions to revisit prior rulings, including her "fourth motion to substitute attorney to assist pro se Plaintiff," her motion for hearing, and a motion to extend time to complete all discovery until 5/10/2017 195 are also DENIED; denying 196 Defendant's motion to defer expert depositions pending resolution of dispositive motions. In the interests of justice and based upon the timing of this Order, the deadline for the completion of expert discovery will be briefly extended up through and including 4/15/2017. The dispositive motion deadline will remain unchanged. IF PLAINTIFF PERSISTS IN FILING ANOTHER REPETITIVE MOTION THAT CONTAINS SUBSTANTIALLY THE SAME ARGUMENTS, THE UNDERSIGNED WILL IMPOSE A SANCTION. Signed by Magistrate Judge Stephanie K. Bowman on 3/15/2017. (km)(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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REPORT AND RECOMMENDATIONS re 199 MOTION for Summary Judgment by Defendant Gregory F Lester, 200 MOTION for Summary Judgment filed by Defendants Greenhills, Village of, Andrew D. Moore. IT IS RECOMMENDED THAT Defendants' motions for summlisted in the NEF that did not receive electronic notification.)ary judgment on all claims 199 200 be GRANTED, and that this case be dismissed. Objections to R&R due by 9/5/2017. Signed by Magistrate Judge Stephanie K. Bowman on 8/21/2017. (km)(This document has been sent by regular mail to the party(ies)
October 13, 2017
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ORDER denying 228 First MOTION to Intervene Issue Injunction to halt demolition. Signed by Judge Michael R. Barrett on 10/13/17. (eh)