Frank J. Hora, et al. v. Perry Township, Ohio, et al.

Hora · United States District Court for the Southern District of Ohio, Western Division at Dayton · January 16, 2026 · No. 3:22-cv-326

Summary

The United States District Court for the Southern District of Ohio granted Frank J. Hora’s unopposed motion to reopen the action due to settlement issues and denied his request to recuse Magistrate Judge Caroline H. Gentry. The court referred the matter to Judge Gentry for a mediation conference concerning the existence and enforceability of any settlement, potential sanctions, and the effect of an unrepresented plaintiff entity, and denied the defendants’ summary-judgment motions without prejudice.

Holdings

  1. The court granted Frank J. Hora's unopposed pro se motion to reopen the action due to settlement issues.
  2. The court denied Plaintiff's request to recuse Magistrate Judge Caroline H. Gentry.
  3. The court referred the case to Magistrate Judge Gentry for a mediation conference addressing whether the parties settled, whether any settlement was enforceable, whether sanctions were warranted for failure to comply, and whether Tukens LLC's lack of counsel affected settlement validity.
  4. The court denied Defendants' motions for summary judgment without prejudice and subject to renewal.

Questions Presented

  1. Whether the action should be reopened because of settlement issues.
  2. Whether Plaintiff's request to recuse Magistrate Judge Caroline H. Gentry should be granted.
  3. Whether the case should be referred to Magistrate Judge Gentry for a mediation conference addressing the existence and enforceability of any settlement agreement.
  4. Whether Defendants' motions for summary judgment should be resolved while the settlement issues were being addressed.

Disposition

other

Cases Cited (1)

  • Erickson v. Pardus, 551 U.S. 89, 94 (2007)(applied)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…