Vaduva v. City of Xenia, Ohioet al

Filing 28

ENTRY AND ORDER OVERRULING OBJECTIONS 23 24 , ADOPTING REPORT AND RECOMMENDATION 22 , GRANTING DEFENDANT CAUP'S MOTION FOR JUDGMENT ON THE PLEADINGS 12 , GRANTING THE MOTION FOR JUDGMENT ON THE PLEADINGS 13 FILED BY DEFENDANTS THE CITY OF XENIA, ENGLE, LONG, SMITH, MILLS, BAYLESS, OSBURN, AND PAZYNSKI; AND DISMISSING PLAINTIFFS OFFICIAL CAPACITY CLAIMS. This case remains pending with regard to Plaintiff's claims against the City of Xenia. Signed by Judge Thomas M. Rose on 12-19-2017. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
VIRGIL VADUVA,

:
Case No. 3:17-cv-41
:
Plaintiff,
:
Judge Thomas M. Rose
:
v.
:
:
CITY OF XENIA, OHIO, et al.,
:
:
Defendants.
:
______________________________________________________________________________
ENTRY AND ORDER OVERRULING OBJECTIONS (DOCS. 23, 24);
ADOPTING REPORT AND RECOMMENDATION (DOC. 22); GRANTING
DEFENDANT CAUP’S MOTION FOR JUDGMENT ON THE PLEADINGS
(DOC. 12); GRANTING THE MOTION FOR JUDGMENT ON THE
PLEADINGS (DOC. 13) FILED BY DEFENDANTS THE CITY OF XENIA,
ENGLE, LONG, SMITH, MILLS, BAYLESS, OSBURN, AND PAZYNSKI; AND
DISMISSING PLAINTIFF’S OFFICIAL CAPACITY CLAIMS
______________________________________________________________________________
This case is before the Court on the Objections (Docs. 23, 24) filed by Plaintiff
Virgil Vaduva (“Plaintiff”) and Defendant the City of Xenia, Ohio (“City of Xenia”) to
the Magistrate Judge’s Report and Recommendation (“Report”) (Doc. 22). In the Report,
Magistrate Judge Michael J. Newman recommended that (1) Defendant John Caupp’s
Motion for Judgment on the Pleadings (Doc. 12) be granted; (2) the Motion for Partial
Judgment on the Pleadings (Doc. 13) filed by Defendants the City of Xenia, Michael
Engle, Joshua Long, Wesley Smith, Jeanne Mills, Marsha Bayless, Jeffrey Osburn, and
David Pazynski be granted; and (3) Plaintiff’s official capacity claims be dismissed, but
this case remain pending with regard to his claims against the City of Xenia. The City of
Xenia and Plaintiff each filed Objections (Docs. 23 & 24, respectively) to the Report.

Plaintiff filed a Response (Doc. 26) to the City of Xenia’s Objections; and Defendants
filed Responses (Docs. 25, 27) to Plaintiff’s Objections (Defendant Caupp filed a separate
Response (Doc. 27) from that of the other Defendants). This matter is therefore ripe for
the Court’s review.
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the
Court has made a de novo review of the record in this case. Upon said review, the Court
finds that the Objections (Docs. 23, 24) filed by Plaintiff and the City of Xenia are not
well-taken and are hereby OVERRULED. The Court ADOPTS the Report (Doc. 22) in
its entirety and, accordingly, rules as follows:
(1) Defendant Caupp’s Motion for Judgment on the Pleadings (Doc. 12) is
GRANTED;
(2) The Motion for Partial Judgment on the Pleadings (Doc. 13) filed by
Defendants the City of Xenia, Michael Engle, Joshua Long, Wesley Smith,
Jeanne Mills, Marsha Bayless, Jeffrey Osburn, and David Pazynski is
GRANTED; and
(3) Plaintiff’s official capacity claims are DISMISSED, but this case
remains pending with regard to his claims against the City of Xenia.
DONE and ORDERED in Dayton, Ohio, this Tuesday, December 19, 2017.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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