SH, a minor et al v. O'Reilly Auto Enterprises, LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
S.H., A MINOR, BY AND THROUGH
HIS PARENTS AND LEGAL
GUARDIANS, et al.,
Plaintiffs, 	Case No. 3:25-cv-34
vs.
O’REILLY AUTO 	District Judge Michael J. Newman
ENTERPRISES, LLC, 	Magistrate Judge Caroline H. Gentry
Defendant.
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ORDER: (1) OVERRULING DEFENDANT’S OBJECTIONS (Doc. No. 22) TO THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; (2) ADOPTING THE
REPORT AND RECOMMENDATION (Doc. No. 21); (3) REMANDING THIS CASE TO
THE COURT OF COMMON PLEAS OF CLARK COUNTY, OHIO FOR LACK OF
SUBJECT-MATTER JURISDICTION; AND (4) TERMINATING THIS CASE ON THE
COURT’S DOCKET
_______________________________________________________________________________________
The Court has reviewed the Report and Recommendation of Magistrate Judge Caroline H.
Gentry (Doc. No. 21), to whom this case was referred pursuant to 28 U.S.C. § 636(b). Judge Gentry
recommends that this Court remand this previously removed case to the Common Pleas Court of
Clark County, Ohio due to a lack of subject-matter jurisdiction. 	Doc. No. 21 at PageID 117.
Defendant 	O’Reilly 	Auto 	Enterprises, 	LLC 	timely 	filed 	objections 	to 	the 	Report 	and
Recommendation. Doc. No. 22. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the
Court has reviewed Judge Gentry’s comprehensive findings and considered de novo all filings in this
matter, including Defendant’s objections.
Upon careful de novo review of the foregoing, the Court determines that the Judge Gentry’s
Report and Recommendation applies the correct law, is well reasoned, and should be adopted.
Accordingly, the Court: (1) OVERRULES Defendant’s objections (Doc. No. 22); (2) ADOPTS the
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Report and Recommendation of the Magistrate Judge (Doc. No. 21) in its entirety; (3) REMANDS
this case to the Court of Common Pleas of Clark County, Ohio for lack of subject-matter jurisdiction;
and (4) TERMINATES this case on the Court’s docket.
IT IS SO ORDERED.
February 5, 2026 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
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