Wheat v. Chase Bank, JP Morgan et al, No. 3:2011cv00309 - Document 70 (S.D. Ohio 2014)

Court Description: DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART THE MOTION FOR SUMMARY JUDGMENT (DOC. # 24 ) OF DEFENDANTS CHASE BANK, JP MORGAN CHASE BANK N.A., CHASE INVESTMENT SERVICES CORPORATION, AND MATTHEW COX; GRANTING SUMMARY JUDGMENT IN FAVOR OF ALL DEFENDANTS ON PLAINTIFF'S FEDERAL CLAIMS UNDER 42 U.S.C. § 1981 (COUNT ONE), 15 U.S.C. § 78j(b) (COUNT TWO), AND PLAINTIFF'S OHIO COMMON LAW CLAIM FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (COUNT FIVE); GRANTING SUMM ARY JUDGMENT IN FAVOR OF DEFENDANTS CHASE BANK, JP MORGAN CHASE BANK N.A. AND MATTHEW COX ON ALL CLAIMS; DISMISSING WITHOUT PREJUDICE TO REFILING IN A STATE COURT OF COMPETENT JURISDICTION PLAINTIFF'S CLAIMS FOR BREACH OF CONTRACT (COUNT THREE) AND CONVERSION (COUNT FOUR) AGAINST DEFENDANT CHASE INVESTMENT SERVICES CORPORATION; STRIKING ALL AMENDMENTS TO PLAINTIFF'S AMENDED COMPLAINT (DOC. # 46 ), WITH THE EXCEPTION OF THE NAMING OF CHASE INVESTMENT SERVICES CORPORATION AS A DEFENDANT; OVERRULING PLAINTIFF'S REQUEST FOR ADDITIONAL DISCOVERY (DOC. # 53 ), CONSTRUED AS A MOTION UNDER RULE 56(d) OF THE FEDERAL RULES OF CIVIL PROCEDURE; OVERRULING AS MOOT DEFENDANTS' MOTIONS IN LIMINE (DOC. # 62 , DOC. # 63 , DOC. # 64 , DOC. # 65 , & DOC. # 66 ); JUDGMENT TO ENTER IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF; TERMINATION ENTRY. Signed by Judge Walter H Rice on 02/03/14. (pb1)