David Stewart Porter

“Also, defendant’s motion for summary judgment is hereby denied except as to plaintiff’s expert’s report on damages which is inadmissible.”

“Defendant’s post-trial motions for judgment notwithstanding the verdict and new trial are denied”

“defendant's motion for a remittitur is granted to the extent that plaintiff’s punitive damages on the state law claim ($175,000) are reduced by the amount of liquidated damages awarded on the federal claim ($43,411.69).”

“Plaintiff’s motion for front pay is denied.”

“Plaintiff’s motion for reinstatement into defendant’s pension plan is granted, and defendant is ordered to make contributions to its pension plan sufficient to vest plaintiff’s rights in the plan.”

“Finally, plaintiff’s motion for prejudgment interest is granted, but only to the extent that prejudgment interest is awarded on the general verdict of $43,411.69.”

“Accordingly, the motion to withdraw the reference is hereby denied because it is not timely and because the resolution of the proceedings sought to be withdrawn does not require consideration of other federal laws regulating interstate commerce.”

“We do not, then, have jurisdiction over the subject matter of plaintiffs’ claims against the United States in this case, and the complaint against them is dismissed.”

“For the reasons fully discussed above, we find that all of appellants’ arguments on appeal are without merit and that the order appealed from is hereby affirmed.”

“There being no unresolved questions of material fact pertaining thereto, defendant’s motion for summary judgment is granted. Counts 1 and 2 of the complaint are dismissed.”

“Plaintiff’s motion for a conditional order of revivor is granted, as he has met his burden of demonstrating his entitlement thereto.”

“All proceedings herein are stayed until December 31, 1984.”

“For the reasons set forth below, Local 100’s motion to dismiss and the motions for dismissal or summary judgment are denied.”

“Plaintiffs’ motion regarding the arbitration award is held in abeyance pending resolution on the merits.”

“Accordingly, there being no factual dispute as to the defendant’s liability for the penalty assessed against it, judgment is hereby entered in favor of the plaintiff and against the defendant in the amount of $15,800.00.”

“We therefore reverse the orders appealed from and remand for further consideration below as to the present directors.”

“On March 30, 1982, defendants moved to dismiss the action for improper venue under Rule 12(b)(3) of the Federal Rules of Civil Procedure, or in the alternative, to transfer venue to the Northern District of Ohio, Western Division, under 28 U.S.C. § 1404. We deny both motions, the latter without prejudice.”

“We find that defendants have not met this burden, and therefore deny defendants’ motion to transfer without prejudice to a renewal of the motion if events militating in favor of transfer should arise.”