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14-363 - Verhovec v. City of Trotwood et al


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14-363 - Verhovec v. City of Trotwood et al
October 22, 2014
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OPINION AND ORDER granting 13 Motion to Change Venue. Signed by Magistrate Judge Terence P Kemp on 10/22/2014. (agm1)
January 20, 2015
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DECISION AND ORDER GRANTING MOTION TO STRIKE 30. Signed by Magistrate Judge Michael R Merz on 1/20/2015. (kpf1)
February 23, 2015
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Motion (Doc. No. 35) of Defendants City of Trotwood and Michael J. Lucking and Putative Counterclaim Defendants Stephen McHugh and Amelia Blankenship to Dismiss the Counterclaim of William E. Walker, Jr. (Doc. No. 31) be GRANTED. Objections to R&R due by 3/12/2015. Signed by Magistrate Judge Michael R Merz on 2/23/2015. (kpf1)
March 26, 2015
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DECISION AND ORDER ON MOTIONS FOR STAY; SECOND SUPPLEMENTAL OPINION ON MOTION FOR PREJUDGMENT POSSESSION. Signed by Magistrate Judge Michael R Merz on 3/25/2015. (kpf1)
April 1, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - It is therefore ORDERED that Motion of Defendants City of Trotwood and Michael J. Lucking and Putative Counterclaim Defendants Stephen McHugh and Amelia Blankenship to Dismiss the Counterclaim of William E. Walker, Jr. (Doc. No. 35) be, and it hereby is GRANTED and the Counterclaim of William E. Walker, Jr. (Doc. No. 31 ), is DISMISSED. Signed by Judge Walter H Rice on 03/31/15. (pb1)
April 21, 2015
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REPORT AND RECOMMENDATIONS ON DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS - It is respectfully recommended that the Defendants' Motion for Judgment on the Pleadings be GRANTED. Given the analysis on the issues discussed and Verhovec's failure to respond, it is not necessary for the Court to reach the additional issues of immunity. Objections to R&R due by 5/8/2015. Signed by Magistrate Judge Michael R. Merz on 4/21/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 21, 2015
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THIRD SUPPLEMENTAL OPINION ON MOTION FOR PREJUDGMENT POSSESSION - It is respectfully recommended that the District Court overrule the Objections and hold that the Trotwood Caucus conversation remains protected by attorney-client privilege. Signed by Magistrate Judge Michael R. Merz on 4/21/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 19, 2015
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DECISION AND ORDER - The oral argument is rescheduled to 1:30 p.m. on June 23, 2015, in Courtroom No. 4, 200 West Second Street, Dayton, Ohio 45402. The Court will furnish Ms. Frick as trial attorney for Defendants with a copy of the transcript prepared by the court reporter (Doc. No. 73). Ms. Frick will then show that transcript to Steven McHugh, Kevin Lantz, and Amelia Blankenship. Each of them will prepare an affidavit advising the Court whether the transcript conforms to their recollection of what was said and, if not, what their recollection is. Ms. Frick shall then file those affidavits with the Court; if any of them discloses a discrepancy from the transcript, that affidavit may be filed under seal. Walker's Motion to Dismiss (Doc. No. 96) is STRICKEN because it was filed four months after the deadline for filing such motions set in the Preliminary Pretrial Conference Order (Doc. No. 28, PageID 316, 5). Signed by Magistrate Judge Michael R. Merz on 6/19/2015. (kpf)
June 25, 2015
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SUMMARY OPINION ON DEFENDANTS' CLAIM OF ATTORNEY-CLIENT PRIVILEGE - Plaintiff's Motion to Unseal (Doc. #91) is DENIED. Having reconsidered the matter in light of the Objections and oral argument, the Magistrate Judge again concludes that the Trotwood Caucus is a privileged attorney-client communication and that Verhovec and Walker have not proven it is subject to the crime-fraud exception. Signed by Magistrate Judge Michael R. Merz on 6/25/2015. (kpf)
June 25, 2015
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SUBSTITUTED REPORT AND RECOMMENDATIONS ON DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS - It is again respectfully recommended that the Motion for Judgment on the Pleadings be GRANTED and the Complaint dismissed with prejudice. Objections to R&R due by 7/13/2015. Signed by Magistrate Judge Michael R. Merz on 6/25/2015. (kpf)
August 3, 2015
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SUPPLEMENT TO SUBSTITUTED REPORT AND RECOMMENDATIONS ON DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS - Upon reconsideration in light of the Objections, the Magistrate Judge again respectfully recommends that the Motion for Judgment on the Pleadings be GRANTED and that the Complaint be dismissed with prejudice. Objections to R&R due by 8/20/2015. Signed by Magistrate Judge Michael R. Merz on 8/3/2015. (kpf)
August 4, 2015
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REPORT AND RECOMMENDATIONS ON WILLIAM WALKER'S MOTION FOR SUMMARY JUDGMENT; ORDER GRANTING, IF NECESSARY, EXTENSION OF TIME TO PERFECT SERVICE OF PROCESS - Under the authority granted by Fed. R. Civ. P. 4(m), the Court hereby extends the time for service on Walker to the date personal service was made on him at the oral argument. Since Walker has made no case for the inadequacy of that service, his Motion for Summary Judgment should be DENIED. Objections to R&R due by 8/21/2015. Signed by Magistrate Judge Michael R. Merz on 8/4/2015. (kpf)
September 25, 2015
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS (DOC. #75), THE SUBSTITUTED REPORT AND RECOMMENDATIONS (DOC. #105), AND THE SUPPLEMENT TO THESUBSTITUTED REPORT AND RECOMMENDATIONS (DOC. #117) OF THE UNITED STATES MAGISTRATE JUDGE; OVERRULING THE OBJECTIONS OF PLAINTIFF EDWARD VERHOVEC (DOC. #79, DOC.#112, & DOC. #121) AND COUNTERCLAIM DEFENDANT WILLIAM WALKER (DOC. #80, DOC. #111 & DOC. #122) TO SAID JUDICIAL FILINGS; SUSTAINING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #48); AND DISMISSING, WITH PREJUDICE, ALL CLAIMS STATED IN PLAINTIFF'S COMPLAINT (DOC. #1 ).Signed by Judge Walter H. Rice on 9/25/2015. (jdf)
February 19, 2016
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DECISION AND ENTRY OVERRULING COUNTERCLAIM-DEFENDANT/COUNTERCLAIM-PLAINTIFF WILLIAM E. WALKER JR'S OBJECTIONS Doc.123 TO THE REPORT AND RECOMMENDATIONS Doc. 119 OF THE MAGISTRATE JUDGE; ADOPTING SAID RECOMMENDATIONS IN FULL; OVERRULING WALKER'S MOTION FOR SUMMARY JUDGMENT Doc.100; COUNTERCLAIM-PLAINTIFFS' CLAIMS AGAINST WALKER SHALL PROCEED TO TRIAL. Signed by Judge Walter H. Rice on 2/19/2016. (jg)
April 18, 2016
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VACATED ON 4/19/2016 PER NOTATION ORDER BY JUDGE WALTER H. RICE - ORDER OF DISMISSAL: TERMINATION ENTRY -The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provided that any of the parties may, upon good cause shown within 60 days, reopen the action if settlement is not consummated. Signed by Judge Walter H. Rice on 4/18/16. (pb) Modified on 4/20/2016 (jdf).
May 31, 2016
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ORDER OF DISMISSAL: TERMINATION ENTRY - Pursuant to settlement and all matters in this case having been resolved between the parties the above caption cause, is hereby DISMISSED, with prejudice. Signed by Judge Walter H. Rice on 5/31/16. (pb)