Gillispie v. Miami Township et al

Filing 116

DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on December 8, 2017 (Doc. # 115 ) is ADOPTED in full; 2. Plaintiffs Motion to Lift Stay (Doc. 98 ) is DENIED, in part, as to GM Defendants, and GRANTED, in pa rt, as to theremaining Defendants; 3. Defendant New GMs Motion to Continue Stay (Doc. # 103 ) is GRANTED, in part, as to GM Defendants, and DENIED, in part, as to the remaining Defendants; 4. The Stay (Doc. # 74 ) is lifted as to Plaintiffs claims against all non-GM Defendants; and 5. Parties, excluding GM Defendants, are ordered to submit a Fed. R. Civ. P. 26(f) Report by January 11, 2018. Signed by Judge Thomas M. Rose on 12/29/17. (pb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON : : : : : : : : : ROGER DEAN GILLISPIE, Plaintiff, vs. MIAMI TOWNSHIP, et al., Defendants. Case No. 3:13-cv-416 District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington DECISION AND ENTRY The Court has conducted a review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #115), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and that the time for filing such objections, if any, under Fed. R. Civ. P. 72(b), has expired, this Court hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on December 8, 2017 (Doc. #115) is ADOPTED in full; 2. Plaintiff’s Motion to Lift Stay (Doc. #98) is DENIED, in part, as to GM Defendants, and GRANTED, in part, as to the remaining Defendants; 3. Defendant New GM’s Motion to Continue Stay (Doc. #103) is GRANTED, in part, as to GM Defendants, and DENIED, in part, as to the remaining Defendants; 4. The Stay (Doc. #74) is lifted as to Plaintiff’s claims against all non-GM Defendants; and 5. Parties, excluding GM Defendants, are ordered to submit a Fed. R. Civ. P. 26(f) Report by January 11, 2018. IT IS SO ORDERED. December 29, 2017 *s/Thomas M. Rose Thomas M. Rose United States District Judge 2

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