Yuckman v. Ohio Univ. Lancaster

2011 Ohio 7032

Opinion

[Cite as Yuckman v. Ohio Univ. Lancaster, 2011-Ohio-7032.]

Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

PAUL YUCKMAN, PH.D.

Plaintiff

v.

OHIO UNIVERSITY-LANCASTER

Defendant

Case No. 2009-08136

Judge Joseph T. Clark Magistrate Lewis F. Pettigrew

JUDGMENT ENTRY

{¶1} This case is sua sponte assigned to Judge Joseph T. Clark to conduct all proceedings necessary for decision in this matter. {¶2} On December 20, 2011, the magistrate issued a decision recommending judgment for defendant. {¶3} Civ.R. 53(D)(3)(b)(i) states, in part: “A party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ.R. 53(D)(4)(e)(i).” {¶4} Civ.R. 53(D)(4)(e)(i) provides: “The court may enter a judgment either during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of objections to a magistrate’s decision or after the fourteen days have expired. If the court enters a judgment during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of Case No. 2009-08136 -2- ENTRY

objections, the timely filing of objections to the magistrate’s decision shall operate as an automatic stay of execution of the judgment until the court disposes of those objections and vacates, modifies, or adheres to the judgment previously entered.” {¶5} The court determines that there is no error of law or other defect evident on the face of the magistrate’s decision. Therefore, the court adopts the magistrate’s decision and recommendation as its own, including findings of fact and conclusions of law contained therein. Judgment is rendered in favor of defendant. Court costs are assessed against plaintiff. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.

_____________________________________ JOSEPH T. CLARK Judge

cc:

Amy S. Brown Daniel J. Fruth Randall W. Knutti 109 North Broad Street, Suite 200 Assistant Attorneys General P.O. Box 130 150 East Gay Street, 18th Floor Lancaster, Ohio 43130-0130 Columbus, Ohio 43215-3130

LP/dms Filed December 20, 2011 To S.C. reporter March 20, 2012