Wheatt et al v. City of East Cleveland et al

Filing 395

Opinion & Order signed by Judge James S. Gwin on 8/29/19. Because there is no final judgment, the Court denies defendants' motions to stay execution of judgment, stay debt collection proceedings, and to waive bond as premature. Defendants may renew these motions once the Court renders final judgment in this case. (Related Docs. 364 , 385 , and 387 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------------------DERRICK WHEATT, et al.,
Plaintiffs,
vs.
CITY OF EAST CLEVELAND, et al.,
Defendants.

:
:
:
:
:
:
:
:
:
:
:

CASE NOS. 1:17-CV-377 &
1:17-CV-611 (consolidated)

OPINION & ORDER
[Resolving Docs. 364, 385, 387]

-----------------------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On August 29, 2019, the Court held Plaintiffs’ motion for judgment on their indemnification
claim in abeyance pending the Ohio Supreme Court’s resolution of Ayers v. City of Cleveland.1 The
Court instructed that Plaintiffs could renew their argument once Ayers is decided. Accordingly, there
has been no final judgment in this case.
Because there has been no final judgment, the Court hereby denies three of Defendants’
motions as premature. See Doc. 364 (motion to stay execution of judgment); Doc. 385 (motion to
stay debt collection proceedings); Doc. 387 (motion to waive bond). Defendants may renew these
motions once the court renders final judgment in this case.

IT IS SO ORDERED

Dated: August 29, 2019

1

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

No. 2018-0852. Oral Argument in Ayers was held on January 12, 2019; the Ohio Supreme Court has yet to decide
the case. See docket, available at: http://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2018/0852.