Meccon, Inc. v. Univ. of Akron

[Cite as Meccon, Inc. v. Univ. of Akron, 2012-Ohio-6318.]
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
MECCON, INC., et al.
Plaintiffs
v.
THE UNIVERSITY OF AKRON
Defendant
Case No. 2008-08817
Judge Alan C. Travis
Magistrate Lewis F. Pettigrew
JUDGMENT ENTRY
{¶ 1} On July 9, 2012, the magistrate issued a decision recommending judgment
for defendant.
{¶ 2} 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).”
{¶ 3} 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
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.”
Case No. 2008-08817 -2- ENTRY
{¶ 4} 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 plaintiffs. The clerk shall serve upon all parties notice of this
judgment and its date of entry upon the journal.
_____________________________________
ALAN C. TRAVIS
Judge
cc:
Andrew R. Fredelake Gabe J. Roehrenbeck
Peter D. Welin 41 South High Street, Suite 1700
240 North Fifth Street, Suite 300 Columbus, Ohio 43215-6101
Columbus, Ohio 43215
Mark R. Wilson Michael W. Currie
William C. Becker 6235 Westerville Road, Suite 200
Assistant Attorneys General Westerville, Ohio 43081
150 East Gay Street, 18th Floor
Columbus, Ohio 43215-3130
006
Filed July 9, 2012
To S.C. Reporter January 16, 2013