Stepp v. Medina City School District Board of Education et al

Filing 116

Order Adopting Magistrate Judge's Report and Recommendation in its entirety re 109 . Further, this matter is CLOSED subject to reopening upon written motion notifying the Court that the Ohio law claims in the pending case in the Medina County Court of Common Pleas have been resolved. Judge Lesley Wells on 8/5/14. (E,P) Modified text on 8/5/2014 (E,P).

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

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.
:
RANDOLPH S. STEPP,
:
:
Plaintiff, :
:
:
-vs:
:
:
MEDINA CITY SCHOOL DISTRICT
:
BOARD OF EDUCATION, et al.,

CASE NO. 1:13 CV 01126

ORDER ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION

Defendants.
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UNITED STATES DISTRICT JUDGE LESLEY WELLS
Before the Court is the report and recommendation of United States Magistrate
Judge William H. Baughman, Jr., addressing intervenor J.R. Russell’s motion to
intervene pursuant to Federal Rule of Civil Procedure 24. The Magistrate Judge
recommends, inter alia, that the motion be denied, and no party has objected.
Pursuant to 28 U.S.C. § 636(b)(1), this Court makes a de novo determination of
those portions of the R&R to which a timely objection is made. “When no timely
objection is filed, the court need only satisfy itself that there is no clear error on the face
of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b) advisory
committee’s note.

Therefore, because the parties have not filed timely objections and the Court
perceives no clear error on the face of the record, the Court adopts the Magistrate
Judge’s report and recommendation in its entirety and
(1) declines supplemental jurisdiction over all Ohio law claims in this matter,
including those raised by the counterclaim, dismissing them without prejudice;
(2) dismisses with prejudice the plaintiff’s federal due process claims in Counts I
and II relating to the alleged breach of his employment contract;
(3) denies the motion to intervene as moot; and
(4) stays proceedings as to the plaintiff’s First Amendment claims in Counts III
and IV.
Further, this matter is CLOSED subject to reopening upon written motion
notifying the Court that the Ohio law claims in the pending case in the Medina County
Court of Common Pleas have been resolved.

IT IS SO ORDERED.
/s/ Lesley Wells
UNITED STATES DISTRICT JUDGE
Date: 5 August 2014

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