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16-466 - Freedom's Path at Dayton v. Dayton Metropolitan Housing Authority


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16-466 - Freedom's Path at Dayton v. Dayton Metropolitan Housing Authority
February 14, 2017
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DECISION AND ENTRY OVERRULING AS MOOT DEFENDANT'S MOTION TO DISMISS UNDER 12(b)(1) AND 12(b)(6) (DOC. #5)- Given the subsequent filing of the Amended Complaint, Doc. #6, and the Motion to Dismiss the Amended Complaint, Doc. #7, Defendant's earlier Motion to Dismiss Under 12(b)( 1) and 12(b)(6), Doc. #5, is OVERRULED AS MOOT. Signed by Judge Walter H. Rice on 2/14/17. (kma)
August 22, 2017
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REPORT AND RECOMMENDATIONS In light of the above discussion concerning Plaintiffs present, non-speculative injury in fact, supra, ยง III, particularly its financial injury, and given GDPMs opposition to Plaintiffs assertion of standing and the merits of its claims, the amended complaint asserts sufficient allegations to make Plaintiffs FHA claim ripe and fit for adjudication.Deferring consideration of the parties dispute over Plaintiffs FHA claim will cause them hardship by leaving unresolved the issue of whether Plaintiff is entitled to relief in the form of damages, declaration, or injunction. IT IS THEREFORE RECOMMENDED THAT: Defendant GDPMs Motion to Dismiss under 12(b)(1) and 12(b)(6) (Doc. #7) be denied. Objections to R&R due by 9/5/2017. Signed by Magistrate Judge Sharon L. Ovington on 8/22/17. (kma)
September 6, 2017
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #17); OVERRULING DEFENDANT'S MOTION TO DISMISS UNDER 12(b)( 1) AND 12(b)(6) (DOC. #7)- Based on the reasoning and citations of authority set forth by United States Magistrate Judge Sharon L. Ovington in her Report and Recommendations, Doc. #1 7, as well as upon a thorough de novo review of this Court's file and the applicable law, the Court ADOPTS said judicial filing in its entirety. The Court notes that, although the parties were notified of their right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections have been filed within the time allotted. Accordingly, the Court OVERRULES Defendant's Motion to Dismiss Under 12(b)(1) and 12(b)(6), Doc. #7. Signed by Judge Walter H. Rice on 9/6/17. (kma)