Mallin v. City of Eastlake et al, No. 1:2009cv00223 - Document 54 (N.D. Ohio 2011)

Court Description: Memorandum Opinion and Order As the docket reflects, this matter was transferred to the docket of the undersigned on 1/20/2011. Prior to that transfer, then District Judge OMalley issued a Memorandum or Order and Opinion ruling on Defendants& #039; Motion for Summary Judgment and for Dismissal of State Law Claims. ECF No. 42 . In that ruling, Judge OMalley required cause to be shown "as to why the City of Eastlake is not immune from Mallin's intentional infliction of emotion al distress claim within 14 days" of the issuance of her ruling, by 10/14/2010. The docket reflects that Mallin has not shown cause. Summary judgment is therefore granted in favor of the City of Eastlake on the issue of state law immunity. Judge Benita Y. Pearson on 9/15/2011. (S,L)

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Mallin v. City of Eastlake et al Doc. 54 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES R. MALLIN, Plaintiff, v. CITY OF EASTLAKE, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 1:09CV00223 JUDGE BENITA Y. PEARSON MEMORANDUM OF ORDER AND OPINION As the docket reflects, this matter was transferred to the docket of the undersigned on January 20, 2011. Prior to that transfer, then District Judge O’Malley issued a Memorandum or Order and Opinion ruling on Defendants’ Motion for Summary Judgment and for Dismissal of State Law Claims. ECF No. 42. In that ruling, Judge O’Malley required cause to be shown “as to why the City of Eastlake is not immune from Mallin’s intentional infliction of emotional distress claim within 14 days” of the issuance of her ruling, by October 14, 2010. The docket reflects that Mallin has not shown cause. Summary judgment is therefore granted in favor of the City of Eastlake on the issue of state law immunity. IT IS SO ORDERED. September 15, 2011 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge Dockets.Justia.com

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