Williams v. Barberton City School District Board of Education, No. 5:2011cv02514 - Document 41 (N.D. Ohio 2012)
Court Description: Memorandum Opinion and Order Granting Plaintiff's Motion to file an amended complaint (See Document ECF# 28 Plaintiff's Objections). The grant of the motion to amend renders moot the Defendant's 23 Motion for Judgment on the Pleadings, the Magistrate Judge's Report and Recommendation and the Plaintiff's Objections thereto. Plaintiff shall file a First Amended Complaint no later than December 21, 2012. Defendant shall have until January 4, 2013 t o file a responsive pleading. Rule 12 motions will not be entertained, but any arguments that were asserted in Defendant's Motion for Judgment on the Pleadings may be reasserted in a Rule 56 motion. All dates set in the August 28, 2012 Order (Dkt.# 32 ) remain in effect. Signed by Judge David D. Dowd, Jr. on 11/30/2012.(M,De)
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Williams v. Barberton City School District Board of Education Doc. 41 DOWD, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION KELLI WILLIAMS, Plaintiff, v. BARBERTON CITY SCHOOL DISTRICT BOARD OF EDUCATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 5:11 CV 02514 MEMORANDUM OPINION AND ORDER RE DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS, PLAINTIFF’S OBJECTIONS TO THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND MOTION TO AMEND After consideration of the parties’ motion papers (Dkt. ## 23,28,30), Magistrate Judge Limbert’s Report and Recommendation (Dkt. #33), Plaintiff’s Objections to the Report and Recommendation (Dkt.#35), Defendant’s Response to Plaintiff’s Objections (Dkt. #38) and the oral arguments made before the Court at the hearing on November 16, 2012, the Court GRANTS Plaintiff’s motion to file an amended complaint. The grant of the motion to amend renders moot the Defendant’s Motion for Judgment on the Pleadings, the Magistrate Judge’s Report and Recommendation and the Plaintiff’s Objections thereto. Plaintiff shall file a First Amended Complaint no later than December 21, 2012. Defendant shall have until January 4, 2013 to file a responsive pleading. Further Rule 12 motions will not be entertained, but any arguments that were asserted in Defendant’s Motion for Dockets.Justia.com Judgment on the Pleadings may be reasserted in a Rule 56 motion. All dates set in the August 28, 2012 Order (Dkt.#32) remain in effect. IT IS SO ORDERED. November 30, 2012 Date /s/ David D. Dowd, Jr. David D. Dowd, Jr. U.S. District Judge 2
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