Wade v. O'Leary
Citation2022 Ohio 4830
Date Filed2022-12-13
Docket2022-00607PQ
JudgeSheeran
Cited0 times
StatusPublished
Syllabus
After neither party timely objected to a Special Master's Report and Recommendation, the Court determined that there was no error of law or other defect evident on the face of the Report and Recommendation. The Court adopted the Report and Recommendation. In accordance with the Special Master's recommendations, the Court denied Respondent's motion to dismiss, denied Requester's claim for production of records, and assessed court costs to Requester.
Full Opinion (html_with_citations)
[Cite as Wade v. O'Leary,2022-Ohio-4830
.]
IN THE COURT OF CLAIMS OF OHIO
E. ROBERTA WADE Case No. 2022-00607PQ
Requester Judge Patrick E. Sheeran
v. JUDGMENT ENTRY
MAYOR THOMAS M. O’LEARY, CITY
OF GALION
Respondent
{¶1} On November 18, 2022, a Special Master issued a Report and
Recommendation (R&R) in this public-records case. The Special Master recommends
dismissal of a motion to dismiss filed by Respondent. (R&R, 3.) The Special Master
states: “Upon consideration of the pleadings and attachments the Special Master
recommends the court DENY requester’s claim for production of records. It is
recommended that costs be assessed to requester.” (R&R, 6.)
{¶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. In accordance with the Special Master’s recommendations, the
Case No. 2022-00607PQ -2- ENTRY
Court denies Respondent’s motion to dismiss, denies Requester’s claim for production of
records, and assesses court costs to Requester. The Clerk shall serve upon all parties
notice of this judgment and its date of entry upon the journal.
PATRICK E. SHEERAN
Judge
Filed December 13, 2022
Sent to S.C. Reporter 1/9/23