Zickes v. Cuyahoga County et al

Filing 55

Opinion & Order signed by Judge James S. Gwin on 7/25/16 denying as moot defendants' motion to compel and for continuance. (Related Doc. 50 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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JOSEPH ZICKES,
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Plaintiff,
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vs.
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BRYAN SMITH et al.,
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Defendants.
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CASE NO. 1:15-CV-1865

OPINION & ORDER
[Resolving Doc. 50]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On July 12, 2016, Defendants Bryan Smith and Michael Carroll (“Defendants”) moved
for an order compelling Plaintiff Zickes to produce certified records in response to discovery
requests.1 Defendants also moved for an order continuing the dispositive motion deadline.2 On
July 21, 2016, Plaintiff Zickes filed an opposition arguing that Defendants’ motion should be
found moot given that Defendants filed motions for summary judgment on July 18, 2016.3
Further, Plaintiff Zickes avers that he produced his entire Ohio Public Employees Retirement
Systems records and that he does not have control over whether the documents are certified or
not.4
Moreover, it appears that the retirement records would be mainly relevant in calculating
potential damages, and are thus not as relevant for summary judgment purposes.5 Given that
Zickes turned over the entirety of his Ohio Public Employees Retirement Systems records and

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Doc. 50.
Id.
3
Doc. 54.
4
Id.
5
In their motion, Defendants state, “His alleged damages include lost wages. Therefore, it was central to this suit
that Defendants obtain Plaintiff’s certified records from the Ohio Public Employees Retirement System and his
income statements early enough for use during Plaintiff’s deposition.” Doc. 50.
2

Case No.15-CV-1865
Gwin, J.
that Defendants then filed motions for summary judgment, this Court DENIES as MOOT
Defendants’ motion to compel and for continuance.
IT IS SO ORDERED.

Dated: July 25, 2016

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

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