Dayton Public Schools v. Cummings-Elmore et al

Filing 19

DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 OVERRULING DEFENDANT LISA CUMMINGS-ELMORE'S OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATIONS 14 , AND GRANTING PLAINTIFF'S MOTION TO REMAND 9 . Signed by Judge Thomas M. Rose on 1-10-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Dayton Public Schools, Plaintiff, Case No. 3:17-cv-338 Judge Thomas M. Rose Mag. Judge Michael J. Newman v. Lisa Cummings-Elmore, et al., Defendants. DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, (ECF 13), OVERRULING DEFENDANT LISA CUMMINGS-ELMORE=S OBJECTIONS TO MAGISTRATE=S REPORT AND RECOMMENDATIONS, (ECF 14), AND GRANTING PLAINTIFF’S MOTION TO REMAND (ECF 9). This case is before the Court on Magistrate Judge Michael J. Newman’s Report and Recommendations, (ECF 13), Defendant Lisa Cummings-Elmore=s Objections to the Report and Recommendations, (ECF 14), Plaintiff Dayton Public Schools’ Motion to Remand. (ECF 9). 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, taking into consideration all objections. Upon said review, the Court finds that the objections, (ECF 14), to Report and Recommendations, (ECF. 13), are not well taken and they are hereby OVERRULED. Wherefore, the Court ADOPTS IN FULL the Magistrate Judge=s Report and Recommendations. (ECF 13.) Plaintiff Dayton Public Schools’ Motion to Remand (ECF 9) is GRANTED. The Clerk is hereby ORDERED to REMAND the instant case to the Montgomery County Court of Common Pleas. DONE and ORDERED this Wednesday, January 10, 2018. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE 2

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