Opinion

Dennis v. Ohio State Teachers Retirement Board

Court
District Court, S.D. Ohio
Filed
Jan 23, 2020
Cited by
0 cases
Authority
More cited than 28.2%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

DEAN DENNIS, et al., Case No. 1:19-cv-386

Plaintiffs, McFarland, J.

Litkovitz, M.J.

VS.

OHIO STATE TEACHERS REPORT AND

RETIREMENT BOARD, et al., RECOMMENDATION

Defendants.

Plaintiffs initiated this class action in May 2019 against the Ohio State Teachers

Retirement Board (“the Board”) to challenge defendant’s alleged unlawful elimination of vested

retirement benefits, namely the annual allowance increases or annual cost of living adjustments

beginning on July 1, 2017. (Doc. 1). Plaintiffs bring claims under the United States

Constitution, the Ohio Constitution, and Ohio state law. (/d.). In July 2019, the Board filed a

motion to dismiss for lack of jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). (Doc. 10). The

Board sought dismissal of plaintiff's claims based on its Eleventh Amendment sovereign

immunity. (Docs. 10, 11). Thereafter, plaintiffs filed an unopposed amended class action

complaint on August 26, 2019. (Doc. 14). In the amended class action complaint, in addition to

the Board, plaintiffs name several Board members as defendants in their individual capacity. On

October 23, 2019, defendants filed renewed motions to dismiss plaintiffs’ first amended class

action complaint. (Docs. 21, 23, 24). Plaintiff's amended class action complaint “supersedes the

original complaint and is the ‘legally operative complaint’ in this matter.” Scuba v. Wilkinson,

No. 1:06-cv-160, 2006 WL 2794939, at *2 (S.D. Ohio Sept. 27, 2006) (citing Parry v. Mohawk

Motors of Mich., Inc., 236 F.3d 299, 306 (6th Cir. 2000)).

Accordingly, it is RECOMMENDED that the Board’s first motion to dismiss (Doc. 10)

be DENIED as MOOT.

Date: __// 23) 2g Elerin Xba

Karen L. Litkovitz

United States Magistrate Judge

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

DEAN DENNIS, et al., Case No: 1:19-cv-386

Plaintiffs, McFarland, J.

Litkovitz, M.J.

VS.

OHIO STATE TEACHERS

RETIREMENT BOARD, 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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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