Grubbs et al v. Sheakley et al

Filing 139

ORDER ADOPTING 129 REPORT AND RECOMMENDATIONS: It is ORDERED that defendants motions to dismiss plaintiffs federal Lanham Act and RICO claims, Counts IV, V, XIV, and XV of the substituted first amended complaint (Docs. 100 & 109) are GRANTED and that plaintiffs state law claims are dismissed with prejudice. Signed by Judge Susan J. Dlott on 3/18/2015. (jlw1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Linda Grubbs, et al.,
Plaintiff(s),
vs.
Sheakley Group, Inc, et al.,
Defendant(s).

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Case Number: 1:13cv246
Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United
States District Court for the Southern District of Ohio Western Division to United States
Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed
the pleadings and filed with this Court on November 17, 2014 a Report and Recommendation
(Doc. 129). Subsequently, the plaintiffs Linda Grubbs, Tri-Serve Limited, TriServe #1 and
Capital Concepts filed objections (Doc. 135), defendant Frost Brown filed objections (Doc. 134)
and defendant First Financial Bank National Association filed objections (Doc. 133) to such
Report and Recommendation. The Sheakley defendants’ filed a response to plaintiff’s objections
(Doc. 136), plaintiffs’ filed a response to the objections of both First Financial (Doc. 137) and
Frost Brown Todd (Doc. 138).
The Court has reviewed the comprehensive findings of the Magistrate Judge and
considered de novo all of the filings in this matter. Upon consideration of the foregoing, the
Court does determine that such Recommendations should be adopted.
Accordingly, it is ORDERED that defendants’ motions to dismiss plaintiffs’ federal
Lanham Act and RICO claims, Counts IV, V, XIV, and XV of the substituted first amended

complaint (Docs. 100 & 109) are GRANTED and that plaintiffs’ state law claims are dismissed
with prejudice.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court