UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

FS MANAGEMENT COMPANY, et al., Case No. 1:17-cv-549

Plaintiffs, Barrett, J.

Litkovitz, M.J.

vs.

UNION TOWNSHIP CLERMONT REPORT AND

COUNTY CIC, INC., et al., RECOMMENDATION

Defendants.

Plaintiffs filed this action against defendants Union Township Clermont County CIC, 

Inc., Village Shops, LLC, Salvation Army, RNS Properties II, LLC, Inland Eastgate Crossing, 

LLC, OKI Furniture Fair, Inc., Prospect Realty ES, LLC, 32 East, LLC, Walmart Real Estate 

Business Trust, Walmart Real Estate Trust, and Rosemary Weber. Defendant Union Township 

Clermont County CIC, Inc. filed an answer to the original complaint and to the amended 

complaint. (Docs. 6, 28). All other defendants, with the exception of Prospect Realty ES, have 

filed motions to dismiss the original complaint (Docs. 12, 13, 17, 20) and the amended complaint 

(Docs. 29, 30, 34). Plaintiff has filed notices of voluntary dismissal under Fed. R. Civ. P. 

41(a)(1) for each of the movants and Prospect Realty ES.

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 (Docs. 32, 38). These defendants 

have been terminated on the Court’s docket and are no longer parties to this lawsuit. The only 

defendant remaining in the lawsuit is Union Township Clermont County CIC, Inc. 

 1 Rule 41(1)(a) states in pertinent part that “the plaintiff may dismiss an action without a court order by filing:

(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. . . .” 

Fed. R. Civ. P. 41(a)(1)(A)(i).

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It is therefore RECOMMENDED that the following motions to dismiss be DENIED as 

moot:

1. motions to dismiss the original and amended complaints filed by defendant 

Rosemary Weber (Docs. 12, 34);

2. motions to dismiss the original and amended complaints filed by defendant 

Salvation Army (Docs. 17, 29);

3. motion to dismiss the original complaint filed by defendant Inland Eastgate 

Crossing, LLC (Doc. 20); and 

4. motions to dismiss the original and amended complaints filed by defendants RNS 

Properties II, LLC, OKI Furniture Fair, Inc., 32 East, LLC, Walmart Real Estate 

Business Trust, Walmart Real Estate Trust, and Village Shops, LLC (Docs. 13, 

30). 

 

Date: November 22, 2017 S/ Karen L. Litkovitz 

Karen L. Litkovitz

United States Magistrate Judge 

Case: 1:17-cv-00549-MRB-KLL Doc #: 39 Filed: 11/22/17 Page: 2 of 3 PAGEID #: 181
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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

FS MANAGEMENT COMPANY, et al., Case No. 1:17-cv-549

Plaintiffs, Barrett, J.

Litkovitz, M.J.

vs.

UNION TOWNSHIP CLERMONT

COUNTY CIC, INC., et al., 

Defendants.

NOTICE

Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of 

the recommended disposition, a party may serve and file specific written objections to the

proposed findings and recommendations. This period may be extended further by the Court on

timely motion for an extension. Such objections shall specify the portions of the Report objected 

to and shall be accompanied by a memorandum of law in support of the objections. If the Report 

and Recommendation is based in whole or in part upon matters occurring on the record at an oral 

hearing, the objecting party shall promptly arrange for the transcription of the record, or such 

portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the 

assigned District Judge otherwise directs. A party may respond to another party's objections 

WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in 

accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 

(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

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