Assn. of Cleveland Fire Fighters IAFF Local 93 v. Cleveland Dept. of Law

Ohio Court of Claims

Assn. of Cleveland Fire Fighters IAFF Local 93 v. Cleveland Dept. of Law

2020 Ohio 4902

CourtOhio Court of Claims

DecidedAugust 11, 2020

Docket2020-00103PQ

StatusPublished

Cited by8 cases

This text of 2020 Ohio 4902 (Assn. of Cleveland Fire Fighters IAFF Local 93 v. Cleveland Dept. of Law) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Assn. of Cleveland Fire Fighters IAFF Local 93 v. Cleveland Dept. of Law, 2020 Ohio 4902 (Ohio Super. Ct. 2020).

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Opinion

[Cite as Assn. of Cleveland Fire Fighters IAFF Local 93 v. Cleveland Dept. of Law, 2020-Ohio-4902.]

ASSOCIATION OF CLEVELAND FIRE Case No. 2020-00103PQ FIGHTERS IAFF LOCAL 93 Judge Patrick M. McGrath Requester JUDGMENT ENTRY v.

CITY OF CLEVELAND, DEPARTMENT OF LAW

Respondent

{¶1} On June 11, 2020, a special master issued a report and recommendation (R&R) in this public-records case. The special master recommends that the court find that (1) requester's claim for production of the requested record has been rendered moot; (2) respondent failed to provide information and opportunity for requester to revise an allegedly ambiguous request; (3) respondent failed to provide the requested record within a reasonable period of time; (4) requester is entitled to recover from respondent the amount of the filing fee of twenty-five dollars and any other costs associated with the action that were incurred by requester; and (5) court costs should be assessed to respondent. {¶2} Neither party has filed timely written objections to the R&R, as permitted by R.C. 2743.75(F)(2) and tolled by 2020 Am.Sub.H.B. No. 197. Pursuant to R.C. 2743.75(F)(2), if neither party timely objects to a special master’s report and recommendation, this court is required to “promptly issue a final order adopting the report and recommendation, unless it determines that there is an error of law or other defect evident on the face of the report and recommendation.” {¶3} Upon review, the court determines that there is no error of law or other defect evident on the face of the R&R of June 11, 2020. The court therefore adopts the special master’s R&R, including the special master’s findings of fact, conclusions of law, and recommendations contained in the R&R. Judgment is rendered in favor of Case No. 2020-00103PQ -2- ENTRY

requester. Requester is entitled to recover from respondent the amount of the filing fee of twenty-five dollars and any other costs associated with the action that are incurred by requester, but requester is not entitled to recover attorney fees. Court costs are assessed against respondent. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.

PATRICK M. MCGRATH Judge

Filed August 11, 2020 Sent to S.C. Reporter 10/12/20

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[Cite as Assn. of Cleveland Fire Fighters IAFF Local 93 v. Cleveland Dept. of Law, 2020-Ohio-4902.]

ASSOCIATION OF CLEVELAND FIRE Case No. 2020-00103PQ FIGHTERS IAFF LOCAL 93 Judge Patrick M. McGrath Requester JUDGMENT ENTRY v.

CITY OF CLEVELAND, DEPARTMENT OF LAW

Respondent

{¶1} On June 11, 2020, a special master issued a report and recommendation (R&R) in this public-records case. The special master recommends that the court find that (1) requester's claim for production of the requested record has been rendered moot; (2) respondent failed to provide information and opportunity for requester to revise an allegedly ambiguous request; (3) respondent failed to provide the requested record within a reasonable period of time; (4) requester is entitled to recover from respondent the amount of the filing fee of twenty-five dollars and any other costs associated with the action that were incurred by requester; and (5) court costs should be assessed to respondent. {¶2} Neither party has filed timely written objections to the R&R, as permitted by R.C. 2743.75(F)(2) and tolled by 2020 Am.Sub.H.B. No. 197. Pursuant to R.C. 2743.75(F)(2), if neither party timely objects to a special master’s report and recommendation, this court is required to “promptly issue a final order adopting the report and recommendation, unless it determines that there is an error of law or other defect evident on the face of the report and recommendation.” {¶3} Upon review, the court determines that there is no error of law or other defect evident on the face of the R&R of June 11, 2020. The court therefore adopts the special master’s R&R, including the special master’s findings of fact, conclusions of law, and recommendations contained in the R&R. Judgment is rendered in favor of Case No. 2020-00103PQ -2- ENTRY

requester. Requester is entitled to recover from respondent the amount of the filing fee of twenty-five dollars and any other costs associated with the action that are incurred by requester, but requester is not entitled to recover attorney fees. Court costs are assessed against respondent. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.

PATRICK M. MCGRATH Judge

Filed August 11, 2020 Sent to S.C. Reporter 10/12/20

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2020 Ohio 4902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/assn-of-cleveland-fire-fighters-iaff-local-93-v-cleveland-dept-of-law-ohioctcl-2020.

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