In a rare win for Jose “Chille” DeCastro, the Judge in his federal lawsuit against the city of Ironton, Ohio, put aside his decision to close the case and allowed DeCastro’s motion to leave and entered his response in opposition to defendants’ motion for judgment into the record.

Judge Michael R. Barret wrote:

Notation Order: This matter is before the Court on Plaintiff’s 29 Motion for Leave. Defendants filed 30, 31 Responses in Opposition thereto. It is hereby ORDERED that the Plaintiff’s 29 Motion for Leave is GRANTED; the 28 Judgment in this matter and the Courts prior 27 Order are each VACATED; the Clerk SHALL indicate that the 21 Motion to Dismiss and 23 Motion for Judgment on the Pleadings are each PENDING; the Clerk SHALL file Plaintiff’s 29-1 Combined Response in Opposition to the 21 Motion to Dismiss and 23 Motion for Judgment on the Pleadings; and Defendants SHALL have up to and including fourteen (14) days from the date of the issuance of this Notation Order to file any replies thereto. Signed by Judge Michael R. Barrett on 1/13/2023. (kkz)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

DeCastro had previously missed several deadlines to answer the motions to show cause as ordered by the judge in the case. He claimed that he was not receiving electronic or physical notices of his deadlines in the case and blamed his process server for arriving late to the courthouse to file his opposition motion. Both sets of defendants filed opposition to his motion to reopen the case and DeCastro had steadfastly denied that the case was over in recent live streams.

The defendants now have until January 27, 2023, to respond to DeCastro’s motion.