Greenlee v. Sandy's Towing and Recovery Inc. et al

Filing 5

REPORT AND RECOMMENDATIONS- It is accordingly respectfully recommended that the Motion for Summary Judgment (ECF No. 4) be denied without prejudice to its renewal after Defendants have been served with process and had an opportunity to plead. Objections to R&R due by 3/14/2016. Signed by Magistrate Judge Michael R. Merz on 2/25/2016. (kpf)(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 AT DAYTON
KIEL GREENLEE, et al.,
Plaintiffs,

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vs

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Case No. 3:16-cv-064
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

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SANDY’S TOWING AND RECOVERY,
INC., et al.,
Defendants.

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REPORT AND RECOMMENDATIONS

This newly-filed case is before the Court on Plaintiffs’ Motion for Summary Judgment
under Fed. R. Civ. P. 56(c)(ECF No. 4).

The Motion was filed contemporaneously with

Plaintiffs’ seventy-five page Complaint against seven Defendants, none of whom have yet been
served with process. The Motion is completely conclusory, merely asserting without making any
showing that none of the Defendants’ will be able to produce sufficient evidence to raise a
genuine issue of material fact, when neither the Court nor Plaintiffs yet know what defenses any
of the Defendants may raise.
It is accordingly respectfully recommended that the Motion be denied without prejudice
to its renewal after Defendants have been served with process and had an opportunity to plead.
February 25, 2016.
s/ Michael R. Merz
United States Magistrate Judge
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NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the
proposed findings and recommendations within fourteen days after being served with this Report
and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is extended to seventeen
days because this Report is being served by one of the methods of service listed in Fed. R. Civ.
P. 5(b)(2)(C), (D), (E), or (F). Such objections shall specify the portions of the Report objected
to and shall be accompanied by a memorandum of law in support of the objections. If the Report
and Recommendations are based in whole or in part upon matters occurring of record at an oral
hearing, the objecting party shall promptly arrange for the transcription of the record, or such
portions of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs. A party may respond to another party=s objections
within fourteen days after being served with a copy thereof. Failure to make objections in
accordance with this procedure may forfeit rights on appeal. See United States v. Walters, 638
F.2d 947, 949-50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 153-55 (1985).

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