Opinion
Case No. 3:18cv66
07-05-2019
DONALD C. CLAGGETT, et al., Plaintiffs, v. ANTHONY WENZLER, et al., Defendants.
OPINION
Based upon reasoning and citations of authority to be set forth by the Court, in an expanded Opinion to be filed not later than the close of business on Tuesday, July 9, 2019, this Court SUSTAINS the Motion for Summary Judgment of Defendants Anthony Wenzler and the City of Moraine (Doc. #43), DISMISSING the Plaintiffs' federal claims with prejudice, and DISMISSING all state claims and Counterclaims, without prejudice, subject to refiling in a court of competent jurisdiction. By doing so, this Court OVERRULES as moot Plaintiffs' Motion for Partial Summary Judgment on Defendant Tomi Hatfield's Counterclaims (Doc. #30) and, further, OVERRULES as moot Hatfield's Cross Motion for Summary Judgment (Doc. #33) and Hatfield's Motion for Declaratory Judgment (Doc. #60).
This Opinion is not a final judgment order. July 5, 2019
/s/_________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE Copies to: Counsel of record