Prade v. City of Akron, et al

Response to 63 Motion to dismiss pursuant to Rule 12

N.D. OhioMay 8, 2015

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO DOUGLAS PRADE, ) ) Plaintiff, ) Case No. 5:14CV0188 ) v. ) ) THE CITY OF AKRON, et al., ) Judge Lioi ) Defendants. ) PLAINTIFF’S RESPONSE TO DEFENDANT LEVINE’S MOTION NOW COMES Plaintiff, DOUGLAS PRADE, by his attorneys LOEVY & LOEVY, and respectfully files this Response to Defendant Levine’s motion. See Dkt. No. 58. In Response, Plaintiff states as follows: 1. On February 9, 2015 Defendant Levine filed a Fed. R. Civ. P. 12(C) motion for judgment on the pleadings. Defendant Levine’s motion for judgment on the pleadings relies upon a number of alleged defects. See Dkt. No. 58. Because of this, Defendant Levine argues that he is entitled to a judgment on the pleadings. 2. On May 8, 2015, this Court issued an order concluding that defendant’s motion for judgment on the pleadings can properly be converted to a Rule 12(B)(6) motion to dismiss. See Dkt. No. 71. This Court further ordered that Plaintiff file a Response to Defendant Levine’s motion to dismiss by May 8, 2015. Id. 3. Without conceding the merits of the motion, Plaintiff respectfully asks this Court to hold Defendant Levine’s motion to dismiss as moot as a result of Plaintiff’s immediately forthcoming Rule 41(a)(2) motion for voluntary dismissal of all claims without prejudice. Case: 5:14-cv-00188-SL Doc #: 72 Filed: 05/08/15 1 of 3. PageID #: 458 2 RESPECTFULLY SUBMITTED, DOUGLAS PRADE. BY: /s/ Elliot Slosar One of Plaintiff’s Attorneys Arthur Loevy Jon Loevy Tara Thompson Elliot R. Slosar LOEVY & LOEVY 312 N. May St., Ste. 100 Chicago, IL 60607 (312) 243-5900 Case: 5:14-cv-00188-SL Doc #: 72 Filed: 05/08/15 2 of 3. PageID #: 459 3 CERTIFICATE OF SERVICE I, Elliot Slosar, an attorney, hereby certify that on May 8, 2015, I filed the foregoing Response to Defendant Levine’s motion using the Court’s CM/ECF system, which effected service on all counsel of record listed below. /s/ Elliot Slosar One of Plaintiff’s Attorneys Case: 5:14-cv-00188-SL Doc #: 72 Filed: 05/08/15 3 of 3. PageID #: 460