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14-271 - Smiley v. City of Dayton


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14-271 - Smiley v. City of Dayton
April 7, 2015
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REPORT AND RECOMMENDATION1 THAT: (1) THIS CASE BE DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION THUS RENDERING DEFENDANTS MOTION TO STAY MOOT; AND (2) THIS CASE BE TERMINATED ON THE COURTS DOCKET Objections to R&R due by 4/24/2015. Signed by Magistrate Judge Michael J Newman on 04/07/15. (pb1)
December 20, 2016
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DECISION AND ENTRY SUSTAINING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS REQUESTING DISMISSAL OF PLAINTIFF'S CLAIM FOR PUNITIVE DAMAGES (DOC. #61)- For several reasons, the Court rejects Plaintiff's arguments. The deadline fordiscovery expired months ago. See Docs. # 33, 51. Moreover, under theapplicable version of Fed. R. Civ. P. 4(m), Plaintiff had only 120 days from thefiling of the January 22, 2015, Amended Complaint to substitute namedindividuals for the John/Jane Doe defendants and serve them with the summons. Given that trial in this case is set for January 23, 2017, just one month from now,it would be highly prejudicial to allow Plaintiff to again amend his Complaint to name new defendants at this stage of the litigation. Any such motion for leave to amend would be denied. Given that Plaintiff has not stated a plausible theory of recovery against the City of Dayton, the Court SUSTAINS Defendant's unopposed Motion for Judgment on the Pleadings Requesting Dismissal of Plaintiff's Claim for Punitive Damages,Doc. #61. Signed by Judge Walter H. Rice on 12/19/16. (kma)
January 10, 2017
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DECISION AND ENTRY RESERVING RULING ON PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE AMOUNT OF PLAINTIFF'S SETTLEMENT WITH THE STATE OF OHIO, AND TO REQUIRE THAT ANY TESTIMONY AS TO THE VALUE OF THE PROPERTY BE RESTRICED TO THE TIME OF THE TAKING (DOC. #49), AND OVERRULING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE ILLEGALITY OF THE VACATION OF SHAW AVENUE (DOC. #50). Signed by Judge Walter H. Rice on 1/10/2017. (jdf)
September 12, 2017
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STIPULATED JUDGMENT ENTRY - The parties have now reached a full and final settlement, and Kenneth Smiley, Jr. has agreed to accept Two Hundred Thousand Dollars ($200,000.00) as full compensation for Kenneth Smiley, Jr.'s claims and the prope11y appropriated. The other named defendant, the Montgomery County, Ohio, Treasurer, approves this settlement. Based upon the foregoing, it is hereby ORDERED, ADJUDGED, AND DECREED that all right, title and interest, including limitation of access, in the property be vested in the City of Dayton, Ohio, in fee simple absolute. This Court finds that the Montgomery County, Ohio, Treasurer has filed an answer and has a valid lien for property taxes and assessments on this property. Further, this Court finds that there are no current taxes due and owing on the propertyas of the date of this entry. It is further ORDERED, ADJUDGED, AND DECREED that the interests granted to theCity of Dayton, Ohio, are hereby duly vested in the City of Dayton, Ohio, free and clear of all claims of all parties, except all easements running with the land. Kenneth Smiley, Jr. is barred from asserting any prior claim or interest in the appropriated property.It is further ORDERED, ADJUDGED, AND DECREED that a certified copy of thisStipulated Judgment Entry be immediately transmitted to the County Auditor for purposes of making the proper notations relative to title, if any, and changes of tax evaluation and liability therefore, if any; and that the County Auditor shall then transmit said entry to the County Recorder for recording in the deed records of this county. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 9/12/17. (pb)(AUDITOR)