Washington v. Community Services Real Estate, LLC et al, No. 3:2021cv00268 - Document 22 (S.D. Ohio 2022)
Court Description: DECISION AND ORDER - Plaintiff's Motion (ECF No. 21) is DENIED AS MOOT. Signed by Magistrate Judge Michael R. Merz on 5/17/2022. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Washington v. Community Services Real Estate, LLC et al Doc. 22 Case: 3:21-cv-00268-TMR-MRM Doc #: 22 Filed: 05/17/22 Page: 1 of 2 PAGEID #: 109 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JAMES E. WASHINGTON, Plaintiff, : - vs - Case No. 3-21-cv-268 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz COMMUNITY SERVICES REAL ESTATE, LLC., et al., : Defendants. DECISION AND ORDER This case is before the Court on a filing by Plaintiff labeled “Motion,” but which actually does not ask the Court to take any action (ECF No. 21). In the Motion, Plaintiff recites the elements necessary to prove a conspiracy under 42 U.S.C. § 1985 and then attaches documents. The Court has already recognized that Plaintiff has sufficiently pleaded a claim under § 1985. The claim must now be proven by live testimony in open court, subject to cross- examination. Such testimony would ordinarily be given at trial. At the present time, although process has issued as to Defendant Latria Robinson, the Court does not yet have a return of service. Once Ms. Robinson has been served, the Court will order the parties to propose a schedule for discovery, summary judgment practice, and trial. The pending Motion (ECF No. 21) is DENIED AS MOOT. IT IS SO ORDERED. 1 Dockets.Justia.com Case: 3:21-cv-00268-TMR-MRM Doc #: 22 Filed: 05/17/22 Page: 2 of 2 PAGEID #: 110 May 17, 2022. s/ Michael R. Merz United States Magistrate Judge 2
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