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13-272 - Cooper v. Sheriff's Office et al


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13-272 - Cooper v. Sheriff's Office et al
January 28, 2014
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REPORT AND RECOMMENDATIONS re 1 Complaint, filed by David O Cooper - The Court RECOMMENDS that: 1. Plaintiffs complaint be DISMISSED; and 2. This case be CLOSED. Objections to R&R due by 2/14/2014. Signed by Magistrate Judge Michael J Newman on 01/28/14. (pb1)
February 26, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that Plaintiff's complaint (Doc. #1) is dismissed. If Plaintiff appeals this case to the Sixth Circuit Court of Appeals, he should be denied a certificate of appealability and leave to proceed in forma pauperis. The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H Rice on 02/26/14. (pb1)
April 1, 2014
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REPORT AND RECOMMENDATION1 THAT (1) THE ENTRY OF JUDGMENT (DOC. 17) BE RESCINDENED; AND (2) THIS CASE BE RE-OPENED Objections to R&R due by 4/18/2014. Signed by Magistrate Judge Michael J Newman on 04/01/14. (pb1)
April 21, 2014
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #19); RESCINDING FEBRUARY 26, 2014, ORDER AND JUDGMENT ENTRY (DOCS. ##16 AND 17); DIRECTING CLERK TO REOPEN CASE. Signed by Judge Walter H Rice on 04/18/14. (pb1)
June 5, 2015
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ORDER: (1) DENYING PLAINTIFFS MOTION FOR LEAVE (DOC. 58); AND (2) SUA SPONTE GRANTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT DRAFTED BY COUNSEL. REPORT AND RECOMMENDATION1 THAT DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 52) BE DENIED AS MOOT WITHOUT PREJUDICE TO REFILE ( Objections to R&R due by 6/22/2015). Signed by Magistrate Judge Michael J. Newman on 6/5/2015. (ead) Modified on 8/11/2015 (pb).
June 23, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 65 - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendation filed on June 5, 2015 (Doc. 65) IS ADOPTED in full; and 2. Defendants' motion for judgment on the pleadings (Doc. 52) is DENIED as moot WITHOUT PREJDUDICE TO REFILE. Signed by Judge Walter H Rice on 06/23/15. (pb) Modified on 6/24/2015 (pb).
August 11, 2015
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ORDER AND ENTRY: (1) GRANTING PLAINTIFFS MOTION FOR LEAVE (DOC. 69); (2) DIRECTING PLAINTIFF TO SEPARATELY FILE THE SECOND AMENDED COMPLAINT WITHIN SEVEN DAYS; AND (3) DIRECTING PLAINTIFFS COUNSEL TO SHOW CAUSE AS TO WHY SANCTIONS SHOULD NOT ISSUE. REPORT AND RECOMMENDATION1 THAT DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 68) BE DENIED AS MOOT. Signed by Magistrate Judge Michael J. Newman on 8/11/15. (pb)
August 31, 2015
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF #72); OVERRULING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #68) AS MOOT. Signed by Judge Walter H Rice on 8/28/15. (pb)
July 7, 2016
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REPORT AND RECOMMENDATION THAT: (1) DEFENDANTS MOTION TO DISMISS BE DENIED WITH REGARD TO DEFENDANT MONTGOMERY COUNTY AND GRANTED WITH REGARD TO DEFENDANTS LARAVIE, FRISK, CONNOR AND VITALI; AND (2) THAT THE SECOND AMENDED COMPLAINT BE DISMISSED AGAINST DEFENDANTS LARAVIE, FRISK, CONNOR AND VITALI WITH PREJUDICE Objections to R&R due by 7/25/2016. Signed by Magistrate Judge Michael J. Newman on 7/7/2016. (srb)
August 5, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 93); OVERRULING PLAINTIFF'S OBJECTIONS THERETO (DOC. # 96); SUSTAINING IN PART AND OVERRULING IN PART MOTION TO DISMISS OF DEFENDANTS MONTGOMERY COUNTY AND DEFENDANTS SGT. CURTIS LARAVIE, OFFICER STACY FRISK, OFFICER THOMAS CONNOR, AND SGT. JAY VITALI (DOC. #84); DISMISSING WITH PREJUDICE ALL CLAIMS AGAINST DEFENDANTS SGT. CURTIS LARAVIE, OFFICER STACY FRISK, OFFICER THOMAS CONNOR, AND SGT. JAY VITALI; DIRECTING PLAINTIFF TO SHOW CAUSE IN WRITING, WITHIN 10 DAYS, WHY CLAIMS AGAINST OFFICER STEVEN LEOPOLD AND JOHN DOE OF SUMMIT BEHAVIORAL HEAL TH SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO OBTAIN TIMELY SERVICE OF PROCESS (Show Cause Response due by 8/15/2016.). Signed by Judge Walter H. Rice on 8/4/2016. (srb)
June 30, 2017
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DECISION AND ENTRY OVERRULING IN PART AND SUSTAINING IN PART MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS MONTGOMERY COUNTY, OHIO, MAJOR DARYL WILSON ANDCAPTAIN CHUCK CROSBY (DOC. #110); OVERRULING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANTS MONTGOMERY COUNTY, MAJOR DARYL WILSONAND CAPTAIN CHUCK CROSBY FOR FAILURE TO PROVIDE A SLEEPING MATTRESS TO PLAINTIFF FOR OVER FOUR MONTHS (DOC. #111). Signed by Judge Walter H. Rice on 6/30/17. (kma)
October 16, 2017
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DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION FOR RECONSIDERATION (DOC. #133)- Although actions taken by an official with final decision-making authority may give rise to municipal liability, liability may also arise as the result of an unwritten custom, policy or practice. As the Court previously held, based on Wilson's testimony that suicidal inmates are often deprived of mattresses, a reasonable jury could find that Montgomery County had an unwritten policy, custom or practice that was the driving force behind thealleged constitutional violation. Doc. #123, PagelD#1363. For these reasons, the Court OVERRULES Defendant Montgomery County's Motion for Reconsideration, Doc. #133. Signed by Judge Walter H. Rice on 10/16/17. (kma)
January 2, 2018
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DECISION AND ENTRY SUSTAINING IN PART AND RESERVING RULING IN PART ON DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO OTHER LAWSUITS, DISMISSED CLAIMS, ALLEGED INCIDENTS NOT THE SUBJECT MATTER OF THIS CASE, EXPERT TESTIMONY OF NON-EXPERT WITNESSES, HEARSAY EVIDENCE, AND IRRELEVANT FACTS (DOC. # 134); SUS TAINING PLAINTIFF'S UNOPPOSED MOTION IN LIMINE TO EXCLUDEDEFENDANT'S EXHIBITS DX14 AND 15 (DOC. # 140); SUSTAINING PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE TESTIMONY OF JOE TUSS (DOC. # 141 ); RESERVING RULING ON DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO SUBSEQUENT CHANGES IN POLICY (DOC. # 147).. Signed by Judge Walter H. Rice on 1/2/2018. (srb)
January 25, 2018
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JUDGMENT ENTRY - Based upon the jury's answer to the sole Interrogatory it deemed applicable, judgment is hereby entered in favor of the Defendant and against the Plaintiff. The captioned cause is hereby terminated upon the docket records for the United States District Court for the Southern District of Ohio, Western Di vision at Dayton. Signed by Judge Walter H. Rice on 1/25/18. (pb)