Barrow v. Living Word Church et al, No. 3:2015cv00341 - Document 113 (S.D. Ohio 2017)

Court Description: DECISION AND ENTRY OVERRULING PLAINTIFF SAMUEL BARROWS OBJECTIONS (DOC. # 100 ) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION TO DISMISS OF DEFENDANTS CASHLAND FINANCIAL SERVICES, INC., CASH AMERICA INTERNATIONAL, INC., AND JACK DAUGHERTY (COLLEC TIVELY THE CASHLAND DEFENDANTS) BE SUSTAINED (CASHLAND DEFENDANTS REPORT AND RECOMMENDATIONS) (DOC. # 87 ); OVERRULING PLAINTIFFS OBJECTIONS (DOC. # 107 ) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANT AB F FREIGHT SYSTEMS, INC., BE SUSTAINED (ABF REPORT AND RECOMMENDATIONS) (DOC. # 98 ); ADOPTING IN PART AND REJECTING IN PART SAID CASHLAND DEFENDANTS (DOC. # 87 ) AND ABF (DOC. # 98 ) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL R. MERZ IN THE MANNER SET FORTH HEREIN; SUSTAINING CASHLAND DEFENDANTS MOTION TO DISMISS (DOC. # 70 ) AND ABFS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #81); PLAINTIFFS CLAIMS IN THE SECOND AMENDED COMPLAINT (DOC. # 63 ) AGAINST THE CASHLAND DEFENDANTS AND AB F FOR INVASION OF PRIVACY (COUNT IV) AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (COUNT V) ARE DISMISSED WITH PREJUDICE AS AGAINST DAUGHERTY AND WITHOUT PREJUDICE AS AGAINST CASHLAND, CASH AMERICA AND ABF; PLAINTIFF WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THIS ENTRY TO FILE AN AMENDED COMPLAINT AGAINST CASHLAND, CASH AMERICA AND ABF; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DAUGHERTY AND AGAINST PLAINTIFF ON COUNTS IV AND V.. Signed by Judge Walter H. Rice on 2/13/2017. (jdf)