Lerussi v. Calcutta Volunteer Fire Dept. , 2023 Ohio 1171 ( 2023 )

[Cite as Lerussi v. Calcutta Volunteer Fire Dept., 2023-Ohio-1171.]
IN THE COURT OF CLAIMS OF OHIO
CHRISTINE LEA LERUSSI Case No. 2022-00657PQ
Requester Judge Patrick E. Sheeran
v. JUDGMENT ENTRY
CALCUTTA VOLUNTEER FIRE
DEPARTMENT
Respondent
{¶1} On February 28, 2023, a Special Master issued a Report and
Recommendation (R&R) in this public-records case. The Special Master recommends
(1) denying a Motion To Dismiss filed by Respondent Calcutta Volunteer Fire Department
(Department) (R&R, 2), (2) ordering the Department “to produce the cancelled checks
referred to at p. 5 and p. 10, ¶ 10 of its [Motion to Dismiss] upon [Requester Christine Lea
Lerussi’s] payment of the copying costs (R&R, 8),” “find[ing] that the balance of Lerussi’s
claims fail on the merits for want of proof (R&R, 8),” and awarding Lerussi “the amount of
her filing fee and all others costs in this action.” (R&R, 8.)
{¶2} Neither party has timely objected to the Report and Recommendation, as
permitted by R.C. 2743.75(F)(2). Pursuant to R.C. 2743.75(F)(2), if neither party timely
objects to a special master’s report and recommendation, then 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 Report and Recommendation. The Court adopts the Report
and Recommendation. The Court denies the Department’s Motion To Dismiss, orders
the Department to produce the cancelled checks referred to at p. 5 and p. 10, ¶ 10 of its
Motion To Dismiss upon Lerussi’s payment of the copying costs, and finds that the
Case No. 2022-00657PQ -2- JUDGMENT ENTRY
balance of Lerussi’s claims fail on the merits for want of proof. Lerussi is entitled to
recover from the Department the amount of the filing fee of twenty-five dollars and any
other costs associated with the action that are incurred by Lerussi, excepting attorney
fees. Court costs are assessed against the Department. The Clerk shall serve upon all
parties notice of this judgment and its date of entry upon the journal.
PATRICK E. SHEERAN
Judge
Filed March 17, 2023
Sent to S.C. Reporter 4/7/23