Ryan v. Ashtabula , 2023 Ohio 1487 ( 2023 )

[Cite as Ryan v. Ashtabula, 2023-Ohio-1487.]
IN THE COURT OF CLAIMS OF OHIO
JAMES RYAN Case No. 2022-00660PQ
Case No. 2022-00665PQ
Requester Case No. 2022-00680PQ
v. Judge Lisa L. Sadler
CITY OF ASHTABULA JUDGMENT ENTRY
Respondent
AND
JAMES RYAN
Requester
v.
CITY OF ASHTABULA
Respondent
AND
JAMES RYAN
Requester
v.
CITY OF ASHTABULA
Respondent
{¶1} On February 28, 2023, a Special Master issued a Report and
Recommendation (R&R) in Ct. of Cl. Nos. 2022-00660PQ, 2022-00665PQ, and 2022-
Case No. 2022-00660PQ -2- JUDGMENT ENTRY
Case No. 2022-00665PQ
Case No. 2022-00680PQ
00680PQ, which have been consolidated. The Special Master recommends the
following:
• “All of Requester’s claims in Case 2022-00660PQ be dismissed pursuant
to Civ. R. 12(B)(6) and that costs be assessed against Requester;”
• “Requester’s claims for monetary and declaratory relief in Case 2022-
00665PQ be dismissed pursuant to Civ. R. 12(B)(6), that his claim seeking
production of records be dismissed as moot, and that costs be assessed
against Requester;” and
• “Requester’s claims for monetary and declaratory relief in Case 2022-
00680PQ be dismissed pursuant to Civ. R. 12(B)(6), that his claim seeking
production of records be dismissed as moot, and that costs be assessed
against Requester.”
(R&R, 10.)
{¶2} Neither Requester nor Respondent in the consolidated cases has filed timely
written objections to the Report and Recommendation in accordance with R.C.
2743.75(F)(2). Pursuant to R.C. 2743.75(F)(2), if neither party timely objects to a 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.” Upon independent review,
the Court finds that there is no error of law or other defect evident on the face of the
Report and Recommendation filed in Ct. of Cl. Nos. 2022-00660PQ, 2022-00665PQ, and
2022-00680PQ. The Court therefore adopts the Report and Recommendation filed in Ct.
of Cl. Nos. 2022-00660PQ, 2022-00665PQ, and 2022-00680PQ.
{¶3} Wherefore, in accordance with the Special Master’s recommendations, the
Court ORDERS the following:
(1) All of Requester’s claims in Case 2022-00660PQ are dismissed pursuant
to Civ. R. 12(B)(6) and court costs are assessed against Requester in Ct.
of Cl. No. 2022-00660PQ;
Case No. 2022-00660PQ -3- JUDGMENT ENTRY
Case No. 2022-00665PQ
Case No. 2022-00680PQ
(2) Requester’s claims for monetary and declaratory relief in Ct. of Cl. No.
2022-00665PQ are dismissed pursuant to Civ. R. 12(B)(6), Requester’s
claim seeking production of records is dismissed as moot, and court costs
in Ct. of Cl. No. 2022-00665PQ are assessed against Requester; and
(3) Requester’s claims for monetary and declaratory relief in Ct. of Cl No. 2022-
00680PQ is dismissed pursuant to Civ. R. 12(B)(6); Requester’s claim
seeking production of records is dismissed as moot, and court costs in Ct.
of Cl. No. 2022-00680PQ are assessed against Requester.
The Clerk shall serve upon all parties notice of this judgment and its date of entry upon
the journal.
LISA L. SADLER
Judge
Filed April 27, 2023
Sent to S.C. Reporter 5/4/23