Ebersole v. City of Powell, 121318 OHCOC, 2018-00478PQ

Docket Nº:2018-00478PQ
Opinion Judge:Patrick M. McGrath, Judge
Party Name:BRIAN EBERSOLE Requester v. CITY OF POWELL Respondent
Case Date:December 13, 2018
Court:Court of Claims of Ohio





No. 2018-00478PQ

Court of Claims of Ohio

December 13, 2018

Sent to S.C. Reporter 12/14/18


Patrick M. McGrath, Judge

{¶1} On October 18, 2018, requester Brian Ebersole filed objections to a special master's report and recommendation of October 9, 2018. On the same date, respondent city of Powell also filed objections. The matter is now before the court for decision.

I. Background and Procedural History

{¶2} On March 16, 2018, pursuant to R.C. 2743.75(D), Ebersole filed a complaint against the city of Powell (City) wherein he alleged a denial of access to public records. The court appointed a special master in the cause and the case was referred to mediation. After mediation failed to successfully resolve all disputed issues between the parties, the court returned the case to the docket of the special master.

{¶3} On June 20, 2018, the City, through counsel, submitted a combined response and motion to dismiss. The special master permitted the parties to submit additional filings and requested additional information from the parties. On October 9, 2018, the special master issued a report and recommendation, wherein he recommended the court deny requester's claim for production of records and found that respondent failed to respond to requester's overly broad request with the opportunity and information required by R.C. 149.43(B)(2). It was recommended that costs be shared equally by the parties. (Report and Recommendation, 22.)

{¶4} On October 18, 2018, Ebersole and the City filed separate written objections to the special master's report and recommendation. On October 29, 2018, Ebersole filed a response to the City's objections.

II. Law and Analysis

{¶5} R.C. 2743.75(F)(2) governs objections to a report and recommendation issued by a special master of this court relative to a public records dispute. Pursuant to R.C. 2743.75(F)(2), [e]ither party may object to the report and recommendation within seven business days after receiving the report and recommendation by filing a written objection with the clerk and sending a copy to the other party by certified mail, return receipt requested. Any objection to the report and recommendation shall be specific and state with particularity all grounds for the objection. If neither party timely objects, the court of claims shall 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. If either party timely objects, the other party may file with the clerk a response within seven business days after receiving the objection and send a copy of the response to the objecting party by certified mail, return receipt requested. The court, within seven business days after the response to the objection is filed, shall issue a final order that adopts, modifies, or rejects the report and recommendation.


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