Cummings v. Greater Cleveland Regional Transit Authority et al

Filing 59

Opinion & Order signed by Judge James S. Gwin on 8/17/16 denying plaintiff's motion to review the settlement agreement for the reasons set forth in this order. (Related Doc. 55 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
------------------------------------------------------:
NOEL A. CUMMINGS,
:
:
Plaintiff,
:
:
v.
:
:
GREATER CLEVELAND REGIONAL
:
TRANSIT AUTHROITY, et al.,
:
:
Defendants,
:
:
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CASE NO.: 1:14-CV-01729

OPINION AND ORDER
[Resolving Doc. 55]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On February 4, 2015, Plaintiff Noel A. Cummings and Defendant Greater Cleveland
Regional Transit Authority settled their employment dispute.1 This Court retained jurisdiction over
any subsequent disputes concerning the settlement’s memorialization.2
On August 5, 2016, Plaintiff Cummings filed a motion to review the settlement agreement,
arguing that its terms conflict with Ohio Revised Code § 145.01 (R)(2)(h).3 For the reasons below,
this Court DENIES Plaintiff’s motion for two reasons.
First, Plaintiff seeks an advisory opinion on the meaning of Ohio RC § 145.01 (R)(2)(h).
Federal courts are not permitted to issue such opinions as “the exercise of judicial power under
Art. III of the Constitution depends on the existence of a case or controversy.” 4 Without an actual
dispute, no such case or controversy exists.

1

Doc. 43.
Id.
3
Doc. 55.
4
Preiser v. Newkirk, 422 U.S. 395, 401 (1975).
2

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Case No. 1:14-CV-01729
Gwin, J.
Second, this Court retained jurisdiction only over conflicts arising from the agreement’s
memorialization, not its substantive validity. This Court’s retained jurisdiction terminated when
the agreement was signed in February 2015. Further, Plaintiff Cummings has requested that the
Ohio Public Employees Retirement System (“OPERS”) review the settlement’s substantive
propriety.5 OPERS is not a party this case and the Court has no authority to order a non-party to
do anything.

IT IS SO ORDERED.

Dated: August 17, 2016

5

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Doc. 58.

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