Clyde v. Mantua

Ohio Court of Claims·Decided April 15, 2026·No. 2025-00938PQ·Published

Opinion

IN THE COURT OF CLAIMS OF OHIO

NATHAN CLYDE Case No. 2025-00938PQ

Requester Judge Lisa L. Sadler

v. DECISION AND ENTY

VILLAGE OF MANTUA

Respondent

{¶1} In this public-records case, respondent partially objects to a special master’s report and recommendation. Requester has filed a written response in opposition to respondent’s objections. Requester has not, however, filed objections of his own to the report and recommendation. After requester filed his written response, respondent moved the court to strike requester’s response for want of service and to sanction requester. Because, as discussed below, respondent’s objections and subsequent motion lack merit, respondent’s objections and motion shall be overruled and the special master’s report and recommendation shall be adopted.

I. Background and Relevant Procedural History {¶2} On November 10, 2025, pursuant to R.C. 2743.75(D), requester, a self-

represented litigant, filed a complaint alleging a denial of access to public records in violation of R.C. 149.43(B).1 After the complaint was filed, the clerk appointed a special

1 In the report and recommendation, the special master described requester’s underlying public- records request and respondent’s response as follows:

On October 27, 2025, Requester Nathan Clyde submitted the public records request at issue to Respondent Village of Mantua. Complaint, filed Nov. 11, 2025, p.1. The request asked for:

[C]opies of all records created or used by members of the Village Council in preparation for or during the disciplinary hearing of Police Chief Joseph Urso. Specifically, this request includes but is not limited to: 1. The 3x5 question cards distributed by Council President Steve Thorn prior to the

Case No. 2025-00938PQ -2- DECISION & ENTRY

master. The special master referred the case to mediation and stayed filing deadlines. After mediation failed to resolve all disputed issues between the parties, the case was returned to the special master’s docket where a briefing schedule for the presentation of evidence and argument was issued by the special master.

{¶3} On February 20, 2026, pursuant to Rule 22(D)(2) of this court’s local rules, respondent, through counsel, moved for an order of dismissal and an award of attorney fees and expenses, because requester failed to attend two mediation sessions without excuse. Requester opposed respondent’s L.C.C.R. 22(D)(2) motion.

{¶4} On March 3, 2026, respondent filed an answer to requester’s complaint. That same day, without leave, respondent moved to strike requester’s evidence for want of admissible evidence, moved to strike requester’s evidence for want of service, and moved for a summary judgment in its favor and an award of attorney fees, costs, and expenses. On March 3, 2026, requester filed a motion for leave with an alternative request.

{¶5} On March 4, 2026, the special master issued an order wherein the special master advised the parties that, pursuant to R.C. 2743.75(A), the process for resolving public-records disputes in this forum is designed to be “expeditious” and “economical” with a streamlined litigation procedure and wherein the special master modified the schedule for filing of evidence and briefing.

{¶6} On March 4, 2026, without leave, respondent filed another motion to strike;

on March 16, 2026, without leave, respondent filed a motion labeled “Consolidated Motion

hearing, containing questions drafted by council members; 2. Any copies or versions of those questions that were reviewed, edited, or “vetted” by Solicitor Bill Mason; 3. Any notes, annotations, or written materials collected or retained by the Council President, Solicitor, or Clerk pertaining to these question cards; 4. Any handwritten or typed notes taken by council members during the proceedings, including personal or informal notes that document council business, deliberations, or the questioning process.

Compl., p. 6; Req. Evidence, filed Feb. 27, 2026, p. 5; Resp. Evidence, filed Feb. 27, 2026, p. 4 ¶ 14.

On October 29, 2025, the Village responded that the record responsive to requests 1 and 4 is “a transitory note and not a public record,” and that no records responsive to requests 2 and 3 exist. Compl., p. 5; Req. Ev., p. 10; Resp. Ev., p. 12 ¶ 19.

(Report and Recommendation, 1-2.)

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For Summary Judgment, To Strike, And For An Award of Attorney Fees, Costs, and Expenses;” and, on March 30, 2026, without leave, respondent moved to strike a reply filed by requester for want of service.

{¶7} On March 31, 2026, the special master issued a report and recommendation (R&R) wherein the special master found that requester had not served a preliminary complaint to respondent as required by R.C. 149.43(C)(1). (R&R, 3.) The special master “recommend[s] that the court (1) dismiss requester’s complaint pursuant to R.C. 149.43(C), (2) deny respondent’s motion to dismiss for want of prosecution and related sanctions, (3) deny respondent’s motion to strike, (4) deny as moot respondent’s motion for summary judgment, (5) deny respondent’s motion for an award of attorney fees, costs, and expenses, and (6) order requester to bear the costs of this case.” (R&R, 1.)

{¶8} On April 8, 2026, respondent, through counsel, filed written objections, which,

according to an accompanying certificate of service, were served on requester by “email” and “certified mail, return receipt requested.”2 On April 8, 2026, requester filed a written response in opposition, which, according to the certificate of service accompanying requester’s response, was served “in accordance with the Ohio Court of Claims Rules and applicable provisions of the Ohio Rules of Civil Procedure.” 3

2 Pursuant to R.C. 2743.75(F)(2), either party “may object to the report and recommendation within seven business days after receiving the report and recommendation by filing a written objection with the clerk and sending a copy to the other party by certified mail, return receipt requested.”

The procedures established by the General Assembly in R.C. 2743.75(F)(2) apply to litigants represented by counsel and to litigants who are self-represented. See Mohasco Corp. v. Silver, 447 U.S. 807, 826 (1980) (“experience teaches that strict adherence to the procedural requirements specified by the legislature is the best guarantee of evenhanded administration of the law”).

3 Requester’s service of his response fails to comply with requirements contained in R.C. 2743.75(F)(2). Pursuant to R.C. 2743.75(F)(2), if either party timely objects, the other party “may file with the clerk a response within seven business days after receiving the objection and send a copy of the response to the objecting party by certified mail, return receipt requested.”

Recently, in White v. Ross Corr. Inst., 2026-Ohio-1002, ¶ 27-28, (10th Dist.), the Tenth District Court of Appeals concluded that this court erred by considering objections that were not filed in the mandatory manner prescribed by R.C. 2743.75(F)(2) Applying the reasoning of White at ¶ 27-28, because requester failed to serve his response in the manner prescribed by R.C. 2743.75(F)(2), respondent’s response arguably should not be considered by the court. But see De Hart v. Aetna Life Ins. Co., 69 Ohio St.2d 189, 192 (1982) (re-emphasizing that it “is a fundamental tenet of judicial review in Ohio that courts should decide cases on the merits”).

Case No. 2025-00938PQ -4- DECISION & ENTRY

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