Wheatt et al v. City of East Cleveland et al, No. 1:2017cv00377 - Document 395 (N.D. Ohio 2019)
Court Description: Opinion & Order signed by Judge James S. Gwin on 8/29/19. Because there is no final judgment, the Court denies defendants' motions to stay execution of judgment, stay debt collection proceedings, and to waive bond as premature. Defendants may renew these motions once the Court renders final judgment in this case. (Related Docs. 364 , 385 , and 387 ) (D,MA)
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Wheatt et al v. City of East Cleveland et al Doc. 395 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------------------DERRICK WHEATT, et al., Plaintiffs, vs. CITY OF EAST CLEVELAND, et al., Defendants. : : : : : : : : : : : CASE NOS. 1:17-CV-377 & 1:17-CV-611 (consolidated) OPINION & ORDER [Resolving Docs. 364, 385, 387] -----------------------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On August 29, 2019, the Court held Plaintiffs’ motion for judgment on their indemnification claim in abeyance pending the Ohio Supreme Court’s resolution of Ayers v. City of Cleveland.1 The Court instructed that Plaintiffs could renew their argument once Ayers is decided. Accordingly, there has been no final judgment in this case. Because there has been no final judgment, the Court hereby denies three of Defendants’ motions as premature. See Doc. 364 (motion to stay execution of judgment); Doc. 385 (motion to stay debt collection proceedings); Doc. 387 (motion to waive bond). Defendants may renew these motions once the court renders final judgment in this case. IT IS SO ORDERED Dated: August 29, 2019 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 1 No. 2018-0852. Oral Argument in Ayers was held on January 12, 2019; the Ohio Supreme Court has yet to decide the case. See docket, available at: http://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2018/0852. Dockets.Justia.com
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