[Cite as Wade v. O'Leary, 2022-Ohio-4829.]
IN THE COURT OF CLAIMS OF OHIO
E. ROBERTA WADE Case No. 2022-00595PQ
Requester Judge Patrick E. Sheeran
v. JUDGMENT ENTRY
MAYOR THOMAS M. O’LEARY, CITY
OF GALION
Respondent
{¶1} On July 29, 2022, Requester E. Roberta Wade filed a Complaint against
Respondent Mayor Thomas M. O’Leary, City of Galion, Ohio, in which Wade alleged that
Respondent denied her access to public records in violation of R.C. 149.43(B). While the
matter was before a Special Master, Respondent moved to dismiss Requester’s
Complaint.
{¶2} On November 10, 2022, the Special Master issued a Report and
Recommendation (R&R). The Special Master recommends denial of Respondent’s
motion to dismiss. (R&R, 3.) The Special Master states in the conclusion of the Report
and Recommendation:
Upon consideration of the pleadings and attachments the Special
Master recommends the court find that requester’s claim for production of
records is now moot. The Special Master further recommends the court find
that respondent failed to produce the requested public records within a
reasonable period of time. It is recommended requester be entitled to
recover from respondent the amount of the filing fee of twenty-five dollars
and any other costs associated with the action that were incurred by
requester, and that court costs be assessed to respondent.
(R&R, 5-6).
Case No. 2022-00595PQ -2- JUDGMENT ENTRY
{¶3} Neither party has timely objected to the Special Master's 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.”
{¶4} 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 therefore adopts the
Report and Recommendation in accordance with R.C. 2743.75(F)(2). The Court makes
the following findings and issues the following orders consistent with the Report and
Recommendation:
(1) The Court finds that Requester’s claim for production of records is now moot;
(2) The Court finds that Respondent failed to produce the requested public records
within a reasonable period of time;
(3) The Court DENIES Respondent’s motion to dismiss.
Because Respondent has denied Requester access to public records in violation of R.C.
149.43(B), Requester is entitled to recover from Respondent the amount of the filing fee
of twenty-five dollars and any other costs associated with the action that are incurred by
Requester, excepting attorney fees. Court costs are assessed to Respondent. 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 1, 2022
Sent to S.C. Reporter 1/9/23