Wheatt et al v. City of East Cleveland et al

Filing 428

Order signed by Judge James S. Gwin on 8/24/2020. The Court denies Plaintiffs renewed motion for judgment on their indemnification claim against the City of East Cleveland as moot.(Related Doc # 414 )(S,KM)

Case: 1:17-cv-00377-JG Doc #: 428 Filed: 08/24/20 1 of 2. PageID #: 9103

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------------------DERRICK WHEATT, et al.,
:
:
Plaintiffs,
:
:
vs.
:
:
CITY OF EAST CLEVELAND, et al.,
:
:
Defendants.
:
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CASE NOS. 1:17-CV-377 &
1:17-CV-611 (consolidated)
ORDER
[Doc. 414]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On April 17, 2020, Plaintiffs renewed their motion for judgment on their
indemnification claim against the City of East Cleveland. 1 Defendants opposed. 2
On August 18, 2020, the Court ordered the City of East Cleveland to state whether
the City of East Cleveland has agreed to indemnify and hold Defendants Perry 3 and
Johnstone harmless from Plaintiff’s judgment. 4 The Court further ordered that “[a]fter
receipt of response to this Order, if Plaintiffs believe indemnification arguments remain,
Plaintiffs shall file a response by Friday, August 21, 2020 at 4:00 PM.” 5
On August 21, 2020, the City of East Cleveland filed a document stating its
agreement to indemnify the Defendants Perry and Johnstone from Plaintiffs’ Judgment. 6
Plaintiffs did not respond.

1

Doc. 414.
Doc. 415; Doc. 424; Doc. 425.
3
Defendant Michael Perry passed away on December 9, 2018. Doc. 393. On October 22, 2019, the Court
substituted Karen Perry, as Executor of Michael Perry’s Estate, as the Defendant in place of Michael Perry.
Doc. 404.
4
Doc. 426.
2

5
6

Id.

Doc. 427.

Case: 1:17-cv-00377-JG Doc #: 428 Filed: 08/24/20 2 of 2. PageID #: 9104
Case Nos. 1:17-cv-377 & 1:17-cv-611
Gwin, J.
In view of East Cleveland’s agreement to indemnify Perry and Johnstone and
Plaintiffs’ nonresponse, the Court DENIES Plaintiffs renewed motion for judgment on their
indemnification claim against the City of East Cleveland as moot.

IT IS SO ORDERED

s/

Dated: August 24, 2020

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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