Easterling v. Rice et al
| Warren Easterling, r |
| Michael J. Newman, Linda L. Woeber, Matthew Horowitz, Thomas M Rose, Sharon L Ovington, Brian Spiess, Edmund A Sargus, Jr, William B King, II, President Donald J. Trump, Mark T D'Allessandro, Chief Judge Walter H Rice, Judge Timothy S Black, Ann Yackshaw, Mark S Maddox and Algenon Marbley |
| 2:2019cv00469 |
| February 12, 2019 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| Joseph M Hood |
| Edmund A Sargus |
| Chelsey M Vascura |
| Civil Rights: Other |
| 42 U.S.C. § 1985 |
| None |
Docket Report
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Filing 27
ORDER DENYING #25 Motion for Relief of Judgment; DENYING #26 Motion for Recusal. Within twenty-one (21) days, Plaintiff shall SHOW CAUSE why the Court should not impose the filing restrictions described in this Order. Signed by Joseph M. Hood on 4/3/2019. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Set/Reset Deadlines: Show Cause Response due by 4/24/2019. (agm) |
| Filing 26 MOTION and Affidavit for Recusal by Plaintiff Warren Easterling, r. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (pb) |
| Filing 25 MOTION FOR RELIEF OF JUDGMENT (FRCP. RULE 60B1, 3,4) by Plaintiff Warren Easterling, r. (pb) |
| Filing 24 JUDGMENT. Plaintiff's complaint is DISMISSED WITH PREJUDICE. Judgment is entered in favor of Defendants. Signed by Joseph M. Hood on 3/25/2019. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 23 MEMORANDUM OPINION AND ORDER. Plaintiff's complaint is DISMISSED WITH PREJUDICE. Plaintiff's #5 Motion Injunctive Relief is DENIED. Defendant Ann Yackshaw's #18 Motion to Dismiss for Failure to State a Claim is DENIED AS MOOT. This matter is STRICKEN from the docket. Signed by Joseph M. Hood on 3/25/2019. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 22 ACKNOWLEDGMENT OF SERVICE Executed as to #10 #11 #12 #13 #15 #16 #17 . (kma) |
| Filing 21 Response- Entitled- Plaintiff's Response to the Court's Opinion and Order re #20 by Plaintiff Warren Easterling, r. (kma) |
| Filing 20 MEMORANDUM OPINION AND ORDER - For any defendant that the plaintiff contends has been served with process, plaintiff shall file into the record a completed Proof of Service form (AO Form 440) within 21 days. Defendants shall have to and including May 10, 2019 to file an answer or other responsive pleading to the complaint, including any objections to the sufficiency of process or to the sufficiency of service of process. Defendant Ann Yackshaw's #18 Motion to Dismiss for Failure to State a Claim is HELD IN ABEYANCE. Plaintiff's #5 Motion for Injunctive Relief and for a trial on merits is HELD IN ABEYANCE. Within twenty-one (21) days, plaintiff shall FILE a response or amended pleading into the record which specifically addresses the deficiencies identified in this Order as to each defendant to avoid the dismissal of some or all of his claims. Signed by Joseph M. Hood on 3/12/2019. (Attachments: #1 AO 440 Proof of Service) (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text on 3/12/2019 (agm). |
| Set/Reset Deadlines: Timothy S Black answer due 5/10/2019; Mark T D'Allessandro answer due 5/10/2019; Matthew Horowitz answer due 5/10/2019; William B King, II answer due 5/10/2019; Mark S Maddox answer due 5/10/2019; Algenon Marbley answer due 5/10/2019; Michael J. Newman answer due 5/10/2019; Sharon L Ovington answer due 5/10/2019; Walter H Rice answer due 5/10/2019; Thomas M Rose answer due 5/10/2019; Edmund A Sargus, Jr answer due 5/10/2019; Brian Spiess answer due 5/10/2019; Donald J. Trump answer due 5/10/2019; Linda L. Woeber answer due 5/10/2019; Ann Yackshaw answer due 5/10/2019. (agm) |
| Set/Reset Deadlines: Answer due dates for Defendants. Walter H. Rice was served on 2/22/19, Answer due 4/23/19; Michael Newman was served on 2/21/19, Answer due 4/22/19; Thomas M. Rose was served on 2/21/19, Answer due on 4/22/19; Matthew Horowitz was served on 2/25/19, Answer due 4/26/19; Mark T. D'Allessandro was served on 2/21/19, Answer due 4/22/19; Timothy S. Black was served on 2/25/19, Answer due 4/26/19; William B. King, II was served on 2/25/19, Answer due on 4/26/19; Sharon L. Ovington was served on 2/21/2019, Answer due 4/22/19. (jlk) |
| Filing 19 NOTICE of Appearance by Zachery Paul Keller for Defendant Ann Yackshaw (Keller, Zachery) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ann Yackshaw. (Fraser, J.) |
| Filing 17 SUMMONS Returned Executed as to Defendant Mark T D'Allessandro. Mark T D'Allessandro served on 2/21/2019, answer due 4/22/2019. (kma) Modified answer due date on 3/12/2019 (er). |
| Filing 16 SUMMONS Returned Executed as to Defendant Brian Spiess. Brian Spiess served on 2/25/2019, answer due 3/18/2019. (kma) |
| Filing 15 SUMMONS Returned Executed as to Defendant Linda L. Woeber. Linda L. Woeber served on 2/25/2019, answer due 3/18/2019. (kma) |
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Filing 14
ORDER OF Reassignment. WHEREAS, in my judgment the public interest so requires; Now, therefore, pursuant to the provisions of Title 28, United States Code, Section 292(b), I do hereby designate and assign the Honorable Joseph M. Hood United States District Judge for the Eastern District of Kentucky to hold a district court in the Southern District of Ohio to hear the case of Warren Easterling, Jr. v. Walter H. Rice, Case No. 2:19-cv-469 and for such additional time in advance thereof to prepare for the trial of cases, or thereafter as may be required to complete unfinished business. Signed by R. Guy Cole, Jr., Chief Judge United States Court of Appeals for the Sixth Circuit on 2/26/19. (jcw)
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| Filing 13 SUMMONS Returned Executed as to Defendants Matthew Horowitz, William B King, II. Matthew Horowitz served on 2/25/2019, answer due 3/18/2019; William B King, II served on 2/25/2019, answer due 3/18/2019. (kma) |
| Filing 12 SUMMONS Returned Executed as to Defendant Donald J. Trump. Donald J. Trump served on 2/25/2019, answer due 4/26/2019. (kma) |
| Set/Reset Deadlines: Timothy S Black answer due 4/27/2019; Michael J. Newman answer due 4/21/2019; Sharon L Ovington answer due 4/25/2019; Walter H Rice answer due 4/22/2019; Thomas M Rose answer due 4/21/2019. CA corrected because these are USA parties. (kma) |
| Filing 11 SUMMONS Returned Executed as to Defendant Timothy S Black. Timothy S Black served on 2/27/2019, answer due 4/27/2019. Please note this return is in reference to case 3:19-CV-40 which has been transferred to Columbus under case number 2:19-cv-469 (kma) Modified on 2/28/2019 to correct answer date for US parties(kma). |
| Filing 10 SUMMONS Returned Executed as to Defendants Mark S Maddox, Michael J. Newman, Sharon L Ovington, Walter H Rice, Thomas M Rose, Ann Yackshaw. Mark S Maddox served on 2/25/2019, answer due 3/18/2019; Michael J. Newman served on 2/21/2019, answer due 4/21/2019; Sharon L Ovington served on 2/25/2019, answer due 4/25/2019; Walter H Rice served on 2/22/2019, answer due 4/22/2019; Thomas M Rose served on 2/21/2019, answer due 4/21/2019; Ann Yackshaw served on 2/22/2019, answer due 3/15/2019. Please note these returns are in reference to case 3:19-CV-40 which has been transferred to Columbus under case number 2:19-cv-469. (kma) Modified on 2/28/2019 to correct answer date for US parties (kma). Modified on 2/28/2019 (kma). |
| Magistrate Judge Chelsey M. Vascura added. Motions referred to Chelsey M. Vascura. (daf) |
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Filing 9
ORDER TRANSFERRING CASE - The above captioned matter is hereby TRANSFERRED from the docket of the Honorable Thomas M. Rose, to the Honorable Edmund A. Sargus, Jr, Chief Judge, for reassignment in either the Cincinnati Division or Columbus Division, in the Southern District of Ohio. Signed by Judge Thomas M. Rose on 2/13/19. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 8
ORDER OF RECUSAL - This matter is before the Court sua sponte. The undersigned hereby RECUSES herself from any participation in this case and directs the Clerk to reassign the case at random to one of the other Magistrate Judges at Dayton. Signed by Magistrate Judge Sharon L. Ovington on 2/13/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Case transferred in from Western Division, at Dayton Division on 02/13/2019 Case Number 3:19-cv-40. Case assigned to Chief Judge Edmund A. Sargus. (kma) |
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Filing 7
ORDER OF RECUSAL. Judge Walter H. Rice recused. Case reassigned to Judge Thomas M. Rose for all further proceedings. Signed by Judge Walter H. Rice on 2/12/19. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 6
ORDER OF RECUSAL. Magistrate Judge Michael J. Newman recused. Case reassigned to Magistrate Judge Sharon L. Ovington for all further proceedings. Signed by Magistrate Judge Michael J. Newman on 2/12/19. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 5 PLAINTIFF'S: MOTION FOR INJUNCTIVE RELIEF (RULE 65B) AND MOTION FOR A TRIAL ON THE MERITS by Plaintiff Warren Easterling, r. (pb) |
| Filing 4 NOTICE of Two Federal Questions by Plaintiff Warren Easterling, r (pb) |
| Filing 3 Summons Issued as to All Defendants (pb) |
| Filing 2 Filing fee: $ 400.00, receipt number 300DAY021765 (pb) |
| Filing 1 COMPLAINT against All Defendants, filed by Warren Easterling, r. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 No Exhibit 7-8 submitted at time of filing, #8 Exhibit 9, #9 Exhibit 9-5, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21) (pb) |
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