Dispasquale v. Hawkins et al

Filing 93

DECISION AND ORDER DENYING DEFENDANT JAMES HAWKINS' OBJECTIONS TO ENTRY AND ORDER: (1) VACATING PREVIOUSLY ISSUED SCHEDULING ORDER; (2) GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT; AND (3)ORDERING PLAINTIFF TO FILE AMENDED COMPLAINT 86 AND DENYING DEFENDANT BRAD PROCTOR'S OBJECTION TO MAGISTRATE JUDGE ORDER. 88 . Signed by Judge Thomas M. Rose on 2-20-2019. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

Charles Dipasquale,
Plaintiff,
v.

Case No. 3:16-cv-219
Judge Thomas M. Rose
Mag. Judge Michael J. Newman

Detective James Hawkins, et al,
Defendants.

DECISION AND ORDER DENYING DEFENDANT JAMES HAWKINS’
OBJECTIONS TO ENTRY AND ORDER: (1) VACATING PREVIOUSLY
ISSUED SCHEDULING ORDER; (2) GRANTING PLAINTIFF'S MOTION
FOR LEAVE TO FILE AN AMENDED COMPLAINT; AND (3)
ORDERING PLAINTIFF TO FILE AMENDED COMPLAINT (ECF 86)
AND DENYING DEFENDANT BRAD PROCTOR’S OBJECTION TO
MAGISTRATE JUDGE ORDER. (ECF 88).

This matter is before the Court on Defendant James Hawkins’s Objections to Entry and
Order: (1) Vacating Previously Issued Scheduling Order; (2) Granting Plaintiff's Motion for Leave
to File an Amended Complaint; and (3) Ordering Plaintiff to File Amended Complaint (ECF 86)
and Defendant Brad Proctor’s Objection to Magistrate Judge Order. (ECF 88).
After a review of the record, this Court finds that Magistrate Judge Michael Newman’s
decisions were neither clearly erroneous nor contrary to law. Consequently, the Court will deny
Defendants’ objections. IT IS THEREFORE ORDERED that Defendant James Hawkins’s
Objections to Entry and Order: (1) Vacating Previously Issued Scheduling Order; (2) Granting
Plaintiff's Motion for Leave to File an Amended Complaint; and (3) Ordering Plaintiff to File

Amended Complaint (ECF 86) and Defendant Brad Proctor’s Objection to Magistrate Judge Order
(ECF 88) are DENIED.
DONE and ORDERED this Wednesday, February 20, 2019.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE