Bernhard v. Janecko et al

Filing 6

Memorandum of Opinion and Order For the reasons set forth herein, the case is remanded to the Mahoning County, Ohio Common Pleas Court, along with the following pending motion: Defendant Lieutenant Eric Dattilo's Motion for Judgment on the Pleadings (ECF No. 3 ). Judge Benita Y. Pearson on 9/26/2014. Related document(s) 1 , 3 , 4 , 5 .(JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
PAMELA S. BERNHARD,

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Plaintiff,
v.
KATHY JANECKO, et al.,
Defendants.

CASE NO. 4:14CV2065

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER

This action is before the Court upon Defendant Lieutenant Eric Dattilo’s Status Report (ECF
No. 5), filed in response to a prior Show Cause Order (ECF No. 4).
On August 22, 2014, Plaintiff Pamela S. Bernhard filed the above-entitled action in the
Mahoning County, Ohio Court of Common Pleas (Case No. 2014 CV 02088) against two defendants,
including Lieutenant Eric Dattilo. On September 17, 2014, Lt. Dattilo removed the case to this Court
pursuant to 28 U.S.C. § 1441(a). See ECF No. 1.
Having been advised by Defendant Lt. Dattilo that “there is not unanimous consent among the
defendants” to the removal of the action (ECF No. 5 at PageID #: 53), it is appropriate for this Court
to remand the case to the Mahoning County, Ohio Common Pleas Court, along with the following
pending motion:
Defendant Lieutenant Eric Dattilo’s Motion for Judgment on the
Pleadings (ECF No. 3).

IT IS SO ORDERED.

September 26, 2014
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge