[Cite as Ohio Capital Journal v. Pub. Util. Comm. of Ohio, 2022-Ohio-4825.]
IN THE COURT OF CLAIMS OF OHIO
OHIO CAPITAL JOURNAL, et al. Case No. 2022-00469PQ
Requester Judge Patrick E. Sheeran
v. JUDGMENT ENTRY
PUBLIC UTILITIES COMMISSION OF
OHIO
Respondent
{¶1} On November 30, 2022, a Special Master issued a Report and
Recommendation (R&R) in this public-records case. The Special Master recommends
denial of a motion to dismiss filed by Respondent. (R&R, 3.) The Special Master states:
Upon consideration of the pleadings and attachments the Special
Master recommends the court find requester’s claim for production of
records moot to the extent that responsive records have been provided prior
to the filing of the complaint and during mediation. The Special Master
further recommends the court find that the [Respondent] has thus far
produced records in a timely manner and urge that office to continue and
complete its review and production of the remaining responsive records
within a reasonable time. The Special Master recommends the court absorb
costs in this action.
(R&R, 7.)
{¶2} Neither party has timely objected to the Report and Recommendation, as
permitted by R.C. 2743.75(F)(2). Pursuant to R.C. 2743.75(F)(2), if neither party timely
objects to a special master’s report and recommendation, then this Court is required to
“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.”
Case No. 2022-00469PQ -2- JUDGMENT ENTRY
{¶3} Upon review, the Court determines that there is no error of law or other defect
evident on the face of the Report and Recommendation. The Court adopts the Report
and Recommendation. In accordance with the Special Master’s Report and
Recommendation, the Court finds that Requester’s claim for production of records is moot
to the extent that responsive records have been provided before the filing of the Complaint
and during mediation, and Respondent has thus far produced records in a timely manner.
The Court denies Respondent’s motion to dismiss. The Court asks Respondent to
continue and complete its review and production of the remaining responsive records
within a reasonable time. Court costs are absorbed the Court. The Clerk shall serve
upon all parties notice of this judgment and its date of entry upon the journal.
PATRICK E. SHEERAN
Judge
Filed December 20, 2022
Sent to S.C. Reporter 1/9/23