Barrow v. Living Word Church et al, No. 3:2015cv00341 - Document 109 (S.D. Ohio 2016)

Court Description: DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS THE LIVING WORD CHURCH, PAT MURRAY AND JACKIE MURRAYS (COLLECTIVELY THE LIVING WORD DEFENDANTS) OBJECTIONS (DOC. # 68 ) TO THE MAY 3, 2016, REPORT AND RECOMMENDATIONS THAT MOTION TO DISMISS BE DENIED (INITIAL REPORT AND RECOMMENDATIONS) (DOC. # 57 ), SUSTAINING IN PART AND OVERRULING IN PART OBJECTIONS OF THE LIVING WORD DEFENDANTS (DOC. # 92 ) TO THE JULY 25, 2016, SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON THE LIVING WORD DEFENDANTS MOTION TO DISMISS, AND REPORT AND RECOMMENDATIONS ON THE LIVING WORD DEFENDANTS RENEWED MOTION TO DISMISS (SUPPLEMENTAL REPORT AND RECOMMENDATIONS) (DOC. # 84 ), RECOMMENDING THAT BOTH THE INITIAL AND RENEWED MOTIONS TO DISMISS BE DENIED; REJECTING SAID INITIAL (DOC. # 57 ) AND SUPPLEMENTAL (DOC. # 84 ) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL R. MERZ; SUSTAINING IN PART AND OVERRULING WITHOUT PREJUDICE IN PART MOTION TO DISMISS OF THE LIVING WORD DEFENDANTS (DOC. # 19 ), AND SUSTAINING IN PART AND OVERRULING IN PART RENEWED MOTION TO DISMISS OF THE LIVING WORD DEFENDANTS AS TO PLAINTIFF SAMUEL BARROWS SECOND AMENDED COMPLAINT (DOC. # 71 ); PLAINTIFFS CLAIM UNDER 42 U.S.C. § 1981 AGAINST THE LIVING WORD DEFEND ANTS (COUNT I) IS DISMISSED WITHOUT PREJUDICE; PLAINTIFF WILL HAVE TWENTY-ONE (21) DAYS FROM THE DATE OF THIS ENTRY TO FILE AN AMENDED COMPLAINT, WITHIN THE STRICTURES OF FED. R. CIV. P. 11; STATE LAW CLAIMS AGAINST THE LIVING WORD DEFENDANTS (COUNTS II-VI) REMAIN PENDING BEFORE COURT. Signed by Judge Walter H. Rice on 9/16/2016. (jdf)