Lentz v. City of Cleveland et al
Plaintiff: Officer Edward Lentz, Jr.
Defendant: City of Cleveland, Edward F. Lohn and Sanford E. Watson
Intervenor: Legal Electronic Recording, Inc.
Interested Party: Kramer & Associates L.P.A.
Case Number: 1:2004cv00669
Filed: April 8, 2004
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
Presiding Judge: Solomon Oliver
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Employment Discrimination
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 26, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2013 Filing 264 Satisfaction of Judgment re #262 Minute Order _ Telephone Conference, Terminate Motions,,,,,, #263 Notice, #252 Order on Motion for attorney fees,,,,,,, by All Defendants filed by All Defendants. Related document(s) #262 , #263 , #252 .(Menzalora, William)
February 25, 2013 Filing 263 Notice of Stipulation and Notice of Satisfaction of Judgment filed by Plaintiff & filed by City of Cleveland, James D Ingalls, Kramer & Associates L.P.A., Edward F. Lohn, David Oakley, Sanford E. Watson. Related document(s) #262 , #252 .(Menzalora, William)
December 7, 2012 Opinion or Order Filing 262 Order/Minutes of Telephone Conference held on 12/5/2012. The parties agreed that they will work on an agreement to have Defendant disburse the funds to a neutral entity, to be held in escrow, with the understanding that Mr. Kramer would have an opportunity to file suit against Mr. Oakley in state court. If Mr. Kramer does not file such a suit within 30 days after the funds are deposited to a neutral entity, the funds will be disbursed to Mr. Oakley. The parties agreed to seek to transfer the funds to the neutral entity prior to 12/10/2012. The court denies as moot #256 Motion to Show Cause filed by counsel for David Oakley and the court denies as moot #258 Defendant's Motion for Leave to Deposit Disputed Amount with the Clerk of Courts. Signed by Judge Solomon Oliver, Jr on 12/7/2012. (D,M)
December 7, 2012 Opinion or Order Order [non-document] denying Legal Electronic Recording, Inc.'s Motion to Intervene as a Party (Related Doc #259 ) pursuant to ECF #262 . Approved by Judge Solomon Oliver, Jr on 12/7/2012. (D,M)
December 5, 2012 Filing 261 Opposition to #260 Motion to continue Telephone Conference call on December 4, 2012 at 5:00 p.m. filed by David Oakley. (Ingalls, James)
December 5, 2012 Opinion or Order Order [non-document] denying Motion to continue conference call (Related Doc #260 ). The telephonic conference shall go forward as scheduled at 5:00 p.m. on 12/5/2012, before Judge Solomon Oliver, Jr. The court will initiate this conference call to counsel. Approved by Judge Solomon Oliver, Jr on 12/5/2012. (D,M)
December 4, 2012 Filing 260 Motion to continue Telephone Conference call on December 4, 2012 at 5:00 p.m. filed by Interested Party Kramer & Associates L.P.A.. (Kramer, Edward)
December 4, 2012 Filing 259 Motion to intervene as a party filed by Intervenor Legal Electronic Recording, Inc. (Attachments: #1 Affidavit of Marc Eppler)(Eppler, Douglas)
November 27, 2012 IMPORTANT: Notice [non-document] of telephone conference set for 12/5/2012 at 5:00 PM before Judge Solomon Oliver Jr. The court will initiate this call to counsel for the parties. (D,M)
November 9, 2012 Filing 258 Opposition to #256 Motion to show cause and Motion for Leave to Deposit Disputed Amount with the Clerk of Courts filed by All Defendants. (Attachments: #1 Exhibit 1 - e-mail exchange with Attorney Oakley, #2 Exhibit 2 - notice of fee dispute, #3 Exhibit 3 - Defendants' response to notice of fee dispute, #4 Exhibit 4 - resolution of Attorney Kramer's atty fees & post-judg int, #5 Exhibit 5 - 3/10/12 letter from Attorney Oakley)(Menzalora, William)
November 9, 2012 Filing 257 Notice of Partial Satisfaction of Judgment filed by All Defendants. Related document(s) #256 , #252 , #253 .(Menzalora, William)
October 31, 2012 Filing 256 Motion to show cause filed by Miscellaneous David Oakley, Attorney James D Ingalls. Related document(s) #252 . (Ingalls, James)
May 11, 2012 Filing 255 True copy of order from the USCA for the Sixth Circuit: Granting appellant's motion to voluntarily dismiss the appeal re #215 (USCA #10-3517). Date issued by USCA 5/10/12 (C,KA). Modified text on 5/25/2012 (H,SP).
March 9, 2012 Filing 254 Notice of Substitution of Counsel removing attorney Ami J. Patel, Kevin J. Gibbons, and Mary N. Hanna and adding attorney L. Stewart Hastings, Jr. and adding attorney William M. Menzalora filed by on behalf of All Defendants. (Menzalora, William)
March 9, 2012 Filing 253 Notice of Partial Satisfaction of Judgment re #252 Order on Motion for attorney fees. (Notice of Partial Satisfaction of Judgment) on behalf of all parties (Attachments: #1 Exhibit 1 - Agreement by Plaintiff)Related document(s) #252 .(Menzalora, William) Modified text and fileres on 3/13/2012 (B,R).
November 7, 2011 Opinion or Order Filing 252 Order granting in part Plaintiff's April 27, 2010, Motion for Attorney Fees (Related Doc #219 ); and denying as moot Renewed Motion for Interim Attorney Fees (Related Doc #241 ). The court finds that Plaintiff is entitled to reasonable fees in the amount of: $213,607.50 for services performed by Attorney Edward Kramer. $161,727.00 for services performed by Attorney David Oakley. $39,300.00 for services performed by Karen Walsh. Total Award: $414.634.50. Pursuant to 28 U.S.C. 1961(a), Plaintiff is entitled to postjudgment interest at the rate prescribe by 1961(a), to run from the date of this Order until the date payment is made. Any additional costs not yet paid by Defendants, (Bill of Cost, ECF No. 229-1), must also be paid. Signed by Judge Solomon Oliver, Jr on 11/7/2011. (D,M)
November 7, 2011 Opinion or Order Order [non-document] granting #251 Defendants' Motion for Extension of Time (re #251 ) until 11-09-11 to File Reply Brief In Support of Stay. Approved by Judge Solomon Oliver, Jr on 11/7/2011. (D,M)
November 7, 2011 Opinion or Order Order [non-document] denying as moot #243 Defendants' Motion for extension of Reply to Renewed Motion for Interim Attorney Fees until October 19,2011. By Judge Solomon Oliver, Jr on 11/7/2011.(D,M)
October 26, 2011 Filing 251 Motion for extension of time until 11-09-11 to File Reply Brief In Support of Stay filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. Related document(s) #216 , #249 . (Gibbons, Kevin)
October 17, 2011 Filing 250 Notice of Change of Attorney Firm Designation filed by Edward Lentz, Jr. (Oakley, David)
October 17, 2011 Filing 249 Opposition to #216 Motion to stay Execution of Final Judgment and Plaintiff's 59(e) Motion for Pre-Judgment and Post-Judgment Interest on Final Judgment Dated March 16, 2010 Pending Disposition of Appeal filed by Edward Lentz, Jr. (Attachments: #1 Exhibit Kennedy v. Zainesville)(Oakley, David)
October 14, 2011 Filing 248 Reply to response to #241 Motion for attorney fees Renewal for Interim fees by Edward G. Kramer filed by All Plaintiffs. (Kramer, Edward)
October 13, 2011 Filing 247 Response to #241 Renewed Motion for interim attorney fees by Edward G. Kramer filed by All Defendants. (Attachments: #1 Affidavit of Lonya Moss-Walker, #2 Contract 63190, #3 Contract 65180, #4 Contract 66130, #5 Contract 676604, #6 Contract 68646, #7 Housing Advocates Staff List, #8 Kramer Time Sheet, #9 Oakley Time Sheet)(Gibbons, Kevin) Modified text on 10/13/2011 (B,B).
September 30, 2011 Opinion or Order Filing 246 Order. Plaintiff's Rule 59(e) Motion for Pre-Judgment and Post-Judgment Interest (Related Doc #214 ) is granted in part and denied in part. Plaintiff is entitled to post-judgment interest at the rate prescribed by 28 U.S.C. 1961(a) from the date of the 1/30/2007 judgment entry until such date payment is made. The Court denies Plaintiff's request for pre-judgment interest. Defendants' Rule 62 Motion for Stay of Execution of Judgment (Related Doc #216 ) is dismissed with respect to its request for a stay pending disposition of Plaintiff's Rule 59(e) Motion, and considered refiled as of the date of this Order with respect to its request under Fed. R.Civ. P. 62(f) for a stay of execution of the judgment pending disposition of Defendants' appeal. Plaintiff has 15 days from the date of this Order to respond to Defendants' Motion. Judge Solomon Oliver, Jr on 9/30/2011.(H,CM)
September 30, 2011 Opinion or Order Filing 245 Order. Defendants' Motion to Strike Affidavits of Edward Kramer and Mary Dryovage (Related Doc #235 ) is denied. Judge Solomon Oliver, Jr on 9/30/2011.(H,CM)
September 19, 2011 Filing 244 Opposition to #243 Motion for extension of Reply to Renewed Motion for Interim Attorney Fees until October 19,2011 filed by All Plaintiffs. (Attachments: #1 Affidavit Edward G. Kramer, #2 Exhibit Contract 2006-07 between HAI and City)(Kramer, Edward)
September 16, 2011 Filing 243 Motion for extension of Reply to Renewed Motion for Interim Attorney Fees until October 19,2011 filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. Related document(s) #241 . (Gibbons, Kevin)
September 1, 2011 Opinion or Order Filing 242 Order/Minutes of Status Conference held on 9/1/2011, regarding post-judgment motions currently pending before this court. Court will rule on pending motions. Counsel for Defendant indicated that they would be filing a response to Plaintiff's Renewed Motion for Interim Attorney Fees (ECF No. 241), and the court set a deadline of 9/19/2011. Time: 1 hour. Signed by Judge Solomon Oliver, Jr on 9/2/2011. (D,M)
September 1, 2011 Opinion or Order Order [non-document] granting Defendant's Motion for counsel to attend by telephone (Related Doc #240 ). Attorney Gibbons should phone the court at 216-357-7171 at the appropriate time. Approved by Judge Solomon Oliver, Jr on 9/1/2011. (D,M)
August 26, 2011 Filing 241 Motion for attorney fees Renewal for Interim fees by Edward G. Kramer filed by Plaintiff Edward Lentz, Jr. (Attachments: #1 Brief in Support Brief in support, #2 Exhibit e-mail, #3 Exhibit e-mail, #4 Exhibit e-mail, #5 Exhibit e-mail, #6 Exhibit e-mail)(Kramer, Edward)
August 17, 2011 Filing 240 Motion to attend Status Conference by telephone filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. (Gibbons, Kevin)
August 16, 2011 Opinion or Order Order [non-document] granting Plaintiff's Motion for a status conference (Related Doc #239 ). Status Conference is set for 9/1/2011, at 2:00 PM in Chambers 19A before Judge Solomon Oliver Jr. Approved by Judge Solomon Oliver, Jr on 8/16/2011. (D,M)
August 8, 2011 Filing 239 Motion for conference/hearing filed by Plaintiff Edward Lentz, Jr. (Kramer, Edward)
July 1, 2011 Judge Solomon Oliver, Jr assigned to case. Judge Kathleen M. O'Malley terminated. (C,BA)
April 4, 2011 Opinion or Order Order [non-document] denying Plaintiff's Motion to supplement the record for his renewed motion for attorney fees and costs (Related Doc #237 ). Judge Kathleen M. O'Malley on 4/4/2011.(H,CM)
March 28, 2011 Filing 238 Opposition to #237 Motion for attorney fees to supplement the record by Edward G. Kramer filed by All Defendants. (Gibbons, Kevin)
March 17, 2011 Filing 237 Motion to supplement the record for renewed motion for attorney fees and costs, filed by Plaintiff Edward Lentz, Jr. (Related document(s) #219 , #229 ). (Attachments: #1 Brief in Support, #2 Exhibit) (Kramer, Edward). Modified text on 3/23/2011 (H,SP).
September 7, 2010 Filing 236 Opposition to #235 Motion to strike Affidavits of Edward Kramer and Mary Dryovage (Exhibits 1 and 4 of Plaintiff's Reply Brief to Defendants Brief in Opposition to Renewed Motion for Attorney Fees) filed by All Plaintiffs. (Kramer, Edward)
August 31, 2010 Filing 235 Motion to strike Affidavits of Edward Kramer and Mary Dryovage (Exhibits 1 and 4 of Plaintiff's Reply Brief to Defendants Brief in Opposition to Renewed Motion for Attorney Fees) filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. Related document(s) #232 . (Patel, Ami)
August 24, 2010 Filing 234 Notice of Filing of Certificate of Good Standing of Mary Karen Walsh filed by Edward Lentz, Jr. (Attachments: #1 Exhibit Mary Karen Walsh Certificate of Good Standing)Related document(s) #232 .(Oakley, David)
August 19, 2010 Opinion or Order Order [non-document] granting Plaintiff's Motion for leave to exceed page limit (Related Doc #233 ). Judge Kathleen M. O'Malley on 8/19/2010.(H,CM)
August 18, 2010 Filing 233 Motion for Exceed Page Limitation filed by Plaintiff Edward Lentz, Jr. Related document(s) #232 . (Oakley, David)
August 18, 2010 Filing 232 Reply Brief to #219 Motion for attorney fees and costs by David G. Oakley filed by Edward Lentz, Jr. (Attachments: #1 Affidavit Edward G. Kramer, #2 Affidavit David G. Oakley, #3 Affidavit Karen Walsh, #4 Affidavit Mary Dryovage, #5 Affidavit Ryan DeYoung)(Oakley, David)
August 18, 2010 Opinion or Order Order [non-document] granting Plaintiff's #231 Motion to Extend time until 8/18/2010 to file reply brief. Judge Kathleen M. O'Malley on 8/18/2010.(H,CM)
August 17, 2010 Filing 231 Motion for extension of 8/17/2010 until 8/18/2010 filed by Plaintiff Edward Lentz, Jr. Related document(s) #219 . (Oakley, David)
August 13, 2010 Opinion or Order Order [non-document] granting Plaintiff's #230 Motion to Extend time until 8/17/2010 to file reply in support of renewed motion for attorney fees. Judge Kathleen M. O'Malley on 8/13/2010.(H,CM)
August 11, 2010 Filing 230 Motion for extension of time from 8/11/2010 until 8/17/2010 to file reply brief to Defendants' memorandum in opposition to renewed motion for attorney fees and costs filed by Plaintiff Edward Lentz, Jr. (Oakley, David) Modified text on 8/11/2010 (B,B).
July 30, 2010 Filing 229 Opposition to #219 Motion for attorney fees and costs by David G. Oakley filed by All Defendants. (Attachments: #1 Exhibit 1 Payment for Costs, #2 Exhibit 2 Foley Jones Affidavit, #3 Exhibit 3 Kramer Disputed Time Record, #4 Exhibit 4 Oakley Disputed Time Record, #5 Exhibit 5 Barber v. Louisville, #6 Exhibit 6 Dillon v. Maryland, #7 Exhibit 7 Disabled Patriots)(Gibbons, Kevin, s/Ami Patel)
July 13, 2010 Opinion or Order Order [non-document] granting Defendants' #228 Motion to Extend time until 8/1/2010 to respond to motion for attorney fees and costs. Judge Kathleen M. O'Malley on 7/13/2010.(H,CM)
June 30, 2010 Filing 228 Motion for extension of Reply to Plaintiff's Motion for Attorney Fees until August 1, 2010 filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. Related document(s) #219 . (Gibbons, Kevin)
June 7, 2010 Opinion or Order Order [non-document] granting Defendants' unopposed Motions to extend time until 7/1/2010 to respond to motion for attorney fees and costs (Related doc #'s #226 , #227 ). Judge Kathleen M. O'Malley on 6/7/2010.(H,CM)
May 28, 2010 Filing 227 Unopposed Motion for extension of Reply to Plaintiff's Motion for Attorney Fees until July 1, 2010 filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. Related document(s) #219 , #226 . (Gibbons, Kevin)
May 14, 2010 Filing 226 Unopposed Motion for extension of Responding to Plaintiffs Motion for Attorney Fees until June 1, 2010 filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. Related document(s) #219 . (Gibbons, Kevin)
May 11, 2010 Filing 225 Appeal Remark from USCA for the 6th Circuit: Hold the appeal in abeyance until after the District Court rules on pending post-judgment motions re #215 Notice of Appeal (USCA# 10-3517). Date issued by USCA 5/10/10 (H,SP)
May 7, 2010 Filing 224 Reply to response to #216 Motion to stay Execution of Final Judgment and Plaintiff's 59(e) Motion for Pre-Judgment and Post-Judgment Interest on Final Judgment Dated March 16, 2010 Pending Disposition of Appeal Motion to stay Execution of Final Judgment and Plaintiff's 59(e) Motion for Pre-Judgment and Post-Judgment Interest on Final Judgment Dated March 16, 2010 Pending Disposition of Appeal filed by All Defendants. (Patel, Ami)
April 29, 2010 Filing 223 Opposition to #214 Motion to alter/amend judgment for pre-judgment and post-judgment Interest on on Final Judgment Dated March 16, 2010 filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 unreported case)(Patel, Ami)
April 29, 2010 Filing 222 Acknowledgment from the USCA for Sixth Circuit of receipt of #215 Notice of Appeal (USCA# 10-3517). Date filed in USCA 4/27/10. (H,SP)
April 29, 2010 Opinion or Order Order [non-document] granting Plaintiff's unopposed #217 Motion to Extend time to file motion for attorney fees and costs; granting Plaintiff's Motion for leave to file motion for attorney fees instanter (Related Doc #220 ). Judge Kathleen M. O'Malley on 4/29/2010.(H,CM)
April 27, 2010 Filing 221 Opposition to #216 Motion to stay Execution of Final Judgment and Plaintiff's 59(e) Motion for Pre-Judgment and Post-Judgment Interest on Final Judgment Dated March 16, 2010 Pending Disposition of Appeal, filed by Edward Lentz, Jr. (Oakley, David) Modified text on 4/28/2010 (H,SP).
April 27, 2010 Filing 220 Motion for Leave to File Motion for Attorneys Fees and Costs, Instanter filed by Plaintiff Edward Lentz, Jr. Related document(s) #219 . (Oakley, David)
April 27, 2010 Filing 219 Motion for attorney fees and costs by David G. Oakley filed by Plaintiff Edward Lentz, Jr. (Attachments: #1 Brief in Support, #2 Exhibit fee agreement, #3 Exhibit verdict form, #4 Affidavit Kramer, #5 Affidavit Oakley, #6 Affidavit Walsh, #7 Affidavit McLaughlin, #8 Affidavit Citrino, #9 Affidavit Hickman, #10 Affidavit Elfvin, #11 Affidavit Corrigan, #12 Affidavit Gard, #13 Affidavit Caolo, #14 Affidavit DeYoung, #15 Exhibit Billing Rates, #16 Exhibit National Law Journal)(Oakley, David)
April 23, 2010 Filing 218 Notice of Filing of Exhibit in Support of Motion for Extension of Time filed by Edward Lentz, Jr. (Attachments: #1 Exhibit Perdue v Kenny)Related document(s) #217 .(Oakley, David)
April 23, 2010 Filing 217 Unopposed Motion for extension of time from 4/22/2010 until 4/26/2010 to file motion for attorney fees and costs filed by Plaintiff Edward Lentz, Jr. (Attachments: #1 Exhibit Brochure)(Oakley, David) Modified text on 4/23/2010 (B,B).
April 15, 2010 Filing 216 Motion to stay Execution of Final Judgment and Plaintiff's 59(e) Motion for Pre-Judgment and Post-Judgment Interest on Final Judgment Dated March 16, 2010 Pending Disposition of Appeal filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. Related document(s) #214 , #211 . (Attachments: #1 unreported case, #2 unreported case)(Patel, Ami)
April 15, 2010 Filing 215 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the #205 Memorandum and Order of 7/14/09, #209 Opinion and Order of 3/5/10 and from the #211 Judgment Entry of 3/16/10, filed by defendants City of Cleveland, Edward F. Lohn and Sanford E. Watson. (Filing fee of $455 paid, receipt number 0647-4047305) (Patel, Ami). Modified text on 4/15/2010 (H,SP).
April 14, 2010 Opinion or Order Order [non-document] granting Plaintiff's #213 Motion to Extend time until 4/22/2010 to file motion for attorney's fees and costs. Judge Kathleen M. O'Malley on 4/14/2010.(H,CM)
April 13, 2010 Filing 214 Motion pursuant to 59 (e) for prejudgment and post-judgment interest on final judgment dated 3/16/2010 filed by Plaintiff Edward Lentz, Jr. Related document(s) #211 . (Attachments: #1 Brief in Support, #2 Exhibit Order, #3 Exhibit Affidavit of Edward Kramer)(Oakley, David) Modified text on 4/15/2010 (B,B).
April 9, 2010 Filing 213 Motion for extension of 4/9/2010 until 4/22/2010 filed by Plaintiff Edward Lentz, Jr. (Oakley, David)
March 31, 2010 Opinion or Order Order [non-document] granting Plaintiff's unopposed #212 Motion for extension of time. Because Plaintiff's original Motion for Attorney's Fees #184 was TERMED on 9/21/2007 #195 , there is currently no pending motion for attorney's fees. Plaintiff shall file an updated Motion for Attorney's Fees and Costs, along with any supporting supplemental materials, by 4/9/2010. Judge Kathleen M. O'Malley on 3/31/2010.(H,CM)
March 30, 2010 Filing 212 Unopposed Motion for extension of time until 4/9/2010 to Supplement His Motion for Attorneys Fees and Costs filed by Plaintiff Edward Lentz, Jr. Related document(s) #211 . (Attachments: #1 Exhibit e-mail correspondence)(Oakley, David) Modified text on 3/31/2010 (B,R).
March 16, 2010 Opinion or Order Filing 211 Judgment Entry. The Court issued an Opinion and Order #209 on 3/5/2010, holding that the judgment in this case be remitted to $292,632.68. Plaintiff Edward Lentz has accepted that remittitur amount (Related doc #210 ). Judgment is entered in favor of the Plaintiff in the amount of $292,632.68, plus post-judgment interest. Action is hereby CLOSED. Judge Kathleen M. O'Malley on 3/16/2010. (H,CM)
March 15, 2010 Filing 210 Notice of Acceptance of Remittitur filed by Edward Lentz, Jr. Related document(s) #209 .(Oakley, David)
March 5, 2010 Opinion or Order Filing 209 Opinion and Order The Court holds that the judgment be reduced from $800,000 to a total of $292,632.68, which includes $92,632.68 for economic damages and $200,000 for emotional distress damages. The Plaintiff may accept this remittitur or seek retrial on damages. The Plaintiff must notify the Court of his decision within 10 days from the date of this Order. Related document #207 Motion for damages filed by Edward Lentz, Jr. Signed by Judge Kathleen M. O'Malley on 3/5/10 (K,K). Modified text on 4/15/2010 (H,SP).
August 3, 2009 Filing 208 Brief on Damages filed by all defendants. Related document(s) #205 . (Attachments: #1 Exhibit Miami township v. FOP, #2 Exhibit Bury v. General motors, #3 Exhibit Newport v. Newport Firefighters, #4 Exhibit Glass v. Snellbaker) (Gibbons, Kevin)
August 3, 2009 Filing 207 Motion on Remittitur filed by Plaintiff Edward Lentz, Jr. (Attachments: #1 Exhibit Knight v Metro. Govt. of Nashville, #2 Exhibit Miller v AllData Corp.)(Oakley, David) Modified text on 8/6/2009 (B,R).
July 14, 2009 Filing 206 Notice. Telephone status hearing set in this matter is POSTPONED until further notice by the Court. (H,CM)
July 14, 2009 Filing 205 Memorandum and Order. The Court Orders the parties to file simultaneous briefs on the issue of damages within twenty (20) days of the date of this Order. The Court will then proceed to calculate an appropriate remittitur based on the record and the parties submissions, as instructed by the Sixth Circuit. Judge Kathleen M. O'Malley on 7/14/2009. (H,CM)
July 13, 2009 Filing 203 Notice of Telephone* Status Conference set for 8/6/2009 at 02:30 PM before Judge Kathleen M. O'Malley. (*Plaintiff's counsel to initiate conference and call the Court.) (H,CM)
July 9, 2009 Filing 204 True copy of mandate from the USCA for the Sixth Circuit: The District Court's judgment is affirmed in part, reversed in part, denied in part and the case is remanded as to #196 Notice of Appeal (USCA# 07-4385) and #199 Notice of Cross Appeal (USCA# 07-4386). Date issued as mandate 7/9/09, Costs: None (H,SP)
June 5, 2009 Filing 202 Information copy of opinion from the USCA for the Sixth Circuit: Affirming the District Court's judgment, reverse the denial of the remittitur, deny Lentz's cross-appeal, and remand for the District Court to calculate an appropriate remittitur or hold a retrial on damages re #196 Notice of Appeal (USCA# 07-4385) and #199 Notice of Cross-Appeal (USCA# 07-4386). This is not a mandate order. Circuit Judges: Guy, Clay and Cook. Date issued by USCA 6/4/09 (H,SP). Modified text on 6/10/2009 (H,SP).
November 21, 2007 Filing 201 Acknowledgment from the USCA for Sixth Circuit of receipt of #199 Notice of Cross Appeal (USCA# 07-4386). Date filed in USCA 11/15/07. (H, SP)
November 21, 2007 Filing 200 Acknowledgment from the USCA for Sixth Circuit of receipt of #196 Notice of Appeal (USCA# 07-4385). Date filed in USCA 11/15/07. (H, SP)
November 2, 2007 Filing 199 NOTICE OF CROSS APPEAL to the 6th Circuit Court of Appeals from the #195 Order of 9/21/07, filed by Edward Lentz, Jr. (Filing fee of $455 paid, receipt number 2704447) (Oakley, David). Modified text on 11/5/2007 (H, SP).
October 29, 2007 Filing 198 Transcript Request by defendants Sanford E. Watson, City of Cleveland and Edward F. Lohn re #196 Notice of Appeal. Transcript is already on file in Clerk's Office (Patel, Ami). Additional attachment(s) added on 10/30/2007 (H, SP). Modified text on 10/30/2007 (H, SP).
October 24, 2007 Filing 197 Transcript of Pretrial Proceedings held on 1/11/07 before Judge O'Malley filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan K. Trischan at 216-357-7087. Complete document on file, 80 pages. (E,P)
October 19, 2007 Filing 196 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the Order of 9/21/07; see document for all other orders being appealed from, filed by defendants Sanford E. Watson, City of Cleveland and Edward F. Lohn. (Filing fee of $455 paid, receipt number 2684127) (Patel, Ami). Modified text on 10/24/2007 (H, SP).
September 21, 2007 Opinion or Order Filing 195 Order DENYING Defendant's Rule 50 Motion for Judgment Notwithstanding the Verdict and Alternative Motions, re #175 and GRANTING in part and DENYING in part Plaintiff's Motion for Prejudgment and Post-Judgment Interest, re #174 . Plaintiff is entitled to postjudgment interest on the judgment but not prejudgment interest. In addition, the Court TERMS Plaintiff's Motion for Attorney Fees and Costs, re #184 , subject to reassertion after either Defendants' time to file a notice of appeal passes or, if an appeal is taken, after resolution of the appeal, whichever is sooner.. Signed by Judge Kathleen M. O'Malley on 9/21/07.(R,Sh)
May 15, 2007 Opinion or Order Order [non-document] entered 5/15/2007. Plaintiff's Motion for interim attorney fees (Related Doc #184 ) is denied at this time. The Court may choose to proceed with a fee award after all post-trial issues are resolved, but finds it premature to do so at this time. Hence, this denial is without prejudice to later renewal, if appropriate. Judge Kathleen M. O'Malley signed on 5/14/2007.(H,CM)
May 7, 2007 Filing 194 Reply in support of #184 Motion for attorney fees and costs by David G. Oakley filed by Edward Lentz, Jr. (Oakley, David)
April 25, 2007 Filing 193 Brief in Opposition to #184 Plaintiff's Motion for Award of Interim Attorney Fees and Costs filed by all defendants. (Attachments: #1 Exhibit A: Ferrell v. Wyeth-Ayerst Laboratories, Inc.#2 Exhibit B: Revis v. Meldrum)(Gibbons, Kevin) Modified text on 4/26/2007 (B, R).
April 20, 2007 Opinion or Order Order [non-document] entered 4/20/2007 granting defendants' Motion for leave to file brief in excess of page limitation (Related Doc #192 ). Judge Kathleen M. O'Malley (H,CM)
April 13, 2007 Filing 192 Motion for leave to file Brief in Excess of Page Limitation filed by all defendants. Related document(s) #191 . (Gibbons, Kevin)
April 13, 2007 Filing 191 Reply to #175 Motion for Judgment Notwithstanding the Verdict and Alternate Motions filed by all defendants. (Attachments: #1 Brief in Support #2 Exhibit A: Bullard v. Roadway Exp.#3 Appendix B: Covington v. MCI Worldcom#4 Exhibit C: Denhof v. City of Grand Rapids)(Gibbons, Kevin) Modified text on 4/18/2007 (B, R).
April 11, 2007 Opinion or Order Filing 190 Order. Defendants shall file a brief in opposition to Plaintiff's request for fees #184 within ten days of the date of this Order, addressing only the propriety of an interim award of fees (not the reasonableness of the fees); Plaintiff shall then have 10 days to file a brief in reply, addressing only the narrow issue of the timing of any fee award. All other briefing on Plaintiff's motion for fees (Doc. 184) and Defendants' motion to stay ruling on Plaintiffs motion for fees (Doc. 188) shall be STAYED pending resolution of this issue. Signed by Judge Kathleen M. O'Malley on 4/11/2007.(H,CM)
April 9, 2007 Filing 189 Motion for extension of Time to Respond to Plaintiff's Motion for Attorney Fees and Costs filed by all defendants. Related document(s) #188 , #184 . (Gibbons, Kevin) Modified on 10/30/2007 (Huth, Chris).Motion termed; see Court's 9/21/2007 Order, doc #195.
April 3, 2007 Filing 188 Motion to stay Ruling on Plaintiff's Motion for Attorney Fees and Costs Pending Disposition of All Post-Trial Motions and Appeals filed by all defendants. (Patel, Ami) Modified on 10/30/2007 (Huth, Chris). Motion termed; see Court's 9/21/2007 Order, doc #195.
April 3, 2007 Opinion or Order Order [non-document] entered 4/3/2007 granting plaintiff's Motion to exceed page limit (Related Doc #183 ); granting plaintiff's Motion to file Kramer affidavit in support of petition for attorney fees (Related Doc #185 ). Judge Kathleen M. O'Malley (H,CM)
March 30, 2007 Opinion or Order Order [non-document] entered 3/30/2007 granting defendants' #186 unopposed Motion to Extend time until 4/13/2007 to file reply in support of motion for judgment notwithstanding verdict and alternative motions. Judge Kathleen M. O'Malley (H,CM)
March 29, 2007 Filing 187 Reply to #174 Motion for Pre-Judgment and Post-Judgment Interest filed by Edward Lentz, Jr. (Attachments: #1 Exhibit Selected Trial Testimony#2 Exhibit Flynn v Trumbull)(Oakley, David)
March 29, 2007 Filing 186 Motion for extension of Reply in Support of Motion for JNOV until April 13, 2007 filed by all defendants. Related document(s) #175 , #182 . (Gibbons, Kevin)
March 23, 2007 Filing 185 Motion to File Affidavit of Edward Kramer in Support of Petition for Attorneys Fees and Costs, Instanter filed by Edward Lentz, Jr. Related document(s) #184 . (Attachments: #1 Exhibit Affidavit of Edward Kramer)(Oakley, David)
March 22, 2007 Filing 184 Motion for attorney fees and costs by David G. Oakley filed by on behalf of Edward Lentz, Jr. (Attachments: #1 Brief in Support #2 Exhibit 1 Fee Agreement#3 Exhibit 2 Verdict#4 Exhibit 4 Oakley Affidavit#5 Exhibit 5 Walsh Affidavit#6 Exhibit 6 McLaughlin Affidavit#7 Exhibit 7 Citrino Affidavit#8 Exhibit 8 Hickman Affidavit#9 Exhibit 9 Elfvin Affidavit#10 Exhibit 10 Billing Rates 2005)(Oakley, David)Brief in Support of Motion not signed. Attorney notified on 3/23/2007 (B, R).
March 22, 2007 Filing 183 Motion to File Brief in Excess of Page Limit filed by Edward Lentz, Jr. (Oakley, David)
March 20, 2007 Opinion or Order Order [non-document] entered 3/20/2007 granting plaintiff's #180 Motion to Extend time until 3/22/2007 to file petition for attorneys fees; granting plaintiff's Motion to exceed page limitation (Related Doc #181 ). Judge Kathleen M. O'Malley (H,CM)
March 18, 2007 Opinion or Order Order [non-document] entered 3/18/2007 granting plaintiff's #179 Motion to Extend time until 3/29/2007 to file reply in support of request for pre and post judgment interest.. Judge Kathleen M. O'Malley signed on 3/16/2007.(H,CM)
March 16, 2007 Filing 182 Response to #175 Motion for judgment NOV and Alternate Motions filed by Edward Lentz, Jr. (Attachments: #1 Exhibit Monistere v City of Memphis#2 Exhibit Steele v Superior Home Health Care)(Oakley, David)
March 16, 2007 Filing 181 Motion for Exceed Page Limit filed by Edward Lentz, Jr. (Oakley, David)
March 15, 2007 Filing 180 Motion for extension of 03/15/2007 until 03/22/2007 filed by all plaintiffs. (Oakley, David)
March 14, 2007 Opinion or Order Order [non-document] entered 3/14/2007 granting defendants' Motion to stay execution of judgment pending disposition of all post-trial motions and appeals without posting of supersedeas bond (Related Doc #170 ). Judge Kathleen M. O'Malley (H,CM)
March 9, 2007 Filing 179 Motion for extension of 03/15/2007 until 03/29/2007 to file a Reply Brief filed by Edward Lentz, Jr. Related document(s) #174 . (Oakley, David) Modified text on 3/12/2007 (B, R).
March 5, 2007 Opinion or Order Order [non-document] granting plaintiff's motion for an extension of time to respond to defendants Rule 50 motion for judgment (Related document #178 ). Plaintiff shall have until 3/16/07 to submit their response. Entered on behalf of Judge Kathleen M. O'Malley on 3/5/07.(R,N)
March 1, 2007 Filing 178 Unopposed Motion for extension of 03/02/2007 until 03/16/2007 filed by Edward Lentz, Jr. Related document(s) #175 . (Oakley, David)
March 1, 2007 Filing 177 Opposition to #174 Motion for Pre-Judgment and Post-Judgment Interest On the Verdict filed by all defendants. (Attachments: #1 Exh. A. Rybarczyk case#2 Exh. B. Weisel case)(Patel, Ami)
February 20, 2007 Opinion or Order Order [non-document] entered 2/20/2007 granting defendants' Motion for leave to file brief in excess of page limitation (Related Doc #176 ). Judge Kathleen M. O'Malley (H,CM)
February 13, 2007 Filing 176 Motion for leave to File Brief in Excess of Page Limitation filed by all defendants. Related document(s) #175 . (Patel, Ami)
February 13, 2007 Filing 175 Rule 50 Motion for Judgment Notwithstanding Verdict and Alternate Motions filed by all defendants. (Attachments: #1 Table of Authorities#2 Table of Contents#3 Brown v. Township of Clinton#4 Carter v. NYC#5 Covington v. MCI WorlCom#6 Dendinger v. Ohio#7 Driggers v. City of Owensburg#8 Ferguson v. Snow#9 Freeman v. Potter#10 Steiner v. Henderson#11 Swanson#12 Tuttle v. Metro.#13 Watson v. Cleveland#14 Williams)(Patel, Ami) Modified text on 2/21/2007 (B, R).
February 13, 2007 Filing 174 Motion for Pre-Judgment and Post-Judgment Interest on verdict filed by all plaintiffs. (Attachments: #1 Brief in Support #2 Affidavit Edward Kramer#3 Affidavit Robert Warshawsky)(Oakley, David)
February 13, 2007 Opinion or Order Order [non-document]granting #169 Amended Motion for extension of time until to 3/15/2007 to file petition for attorneys fees and costs. Signed by Judge Kathleen M. O'Malley on 2/13/07.(G,YJ)
February 9, 2007 Filing 173 Bill of costs filed by all plaintiffs. (Attachments: #1 Affidavit Edward Kramer#2 Affidavit David Oakley#3 Exhibit Court Reporter Bills#4 Exhibit News Watch payments)(Oakley, David)
February 9, 2007 Filing 172 Transcript (Volume 8) of Trial Proceedings held on 1/26/07 before Judge O'Malley filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trischan at 216-357-7087. Complete document on file, pages 1398-1407. (E,P)
February 9, 2007 Filing 171 Transcript (Volume 7) of Trial Proceedings held on 1/24/07 before Judge O'Malley filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trischan at 216-357-7087. Complete document on file, pages 1287-1397. (E,P)
February 8, 2007 Filing 170 Motion to stay Execution of Judgment Pending Disposition of Post-Trial Motions and Appeals filed by all defendants. (Attachments: #1 Exhibit #2 Exhibit)(Patel, Ami) Modified on 2/15/2007 (B, T).
February 5, 2007 Filing 169 Amended Motion for extension of time until 3/15/2007 to file petition for attorney fees and costs filed by Edward Lentz, Jr. (Oakley, David) Modified on 2/6/2007 to edit text (B, T).
February 2, 2007 Filing 168 Motion for extension of time until 03/15/2007 to file petition for attorney fees filed by Edward Lentz, Jr. (Oakley, David) Modified on 2/5/2007 to edit text (B, T). Modified on 2/15/2007 (Huth, Chris). Motion termed; amended motion filed and granted.
January 30, 2007 Filing 167 Judgment in a Civil Case. Judgment is entered in favor of the Plaintiff, Edward Lentz, on the claim of discrimination under O.R.C. 4112 and 42 U.S.C. 1981 & 1983 and on the claim of retaliation under O.R.C. 4112 and title VII, AND 42 U.S.C. 1981 and 1983, and against the Defendant, City of Cleveland. The Plaintiff is awarded compensatory damages in the amount of $800,000.00. Entered on 1/30/2007. (H,CM)
January 26, 2007 Filing 166 Verdict. (H,CM)
January 26, 2007 Minutes of proceedings [non-document].Jury Trial completed on 1/26/2007 before Judge Kathleen M. O'Malley. Jury deliberations continued and concluded. Verdict returned. (Court Reporter Susan Trischan.) (H,CM)
January 25, 2007 Minutes of proceedings [non-document].Jury Trial held 1/25/2007 before Judge Kathleen M. O'Malley. Jury deliberations continued and not concluded. Adjourned until 1/26/2007 at 9:00 a.m. (Court Reporter Susan Trischan.) (H,CM)
January 24, 2007 Filing 165 Exhibit and Witness List. (H,CM)
January 24, 2007 Filing 164 Final Jury Instructions by the Court. (H,CM)
January 24, 2007 Filing 163 Transcript of Trial Proceedings (Volume 6) held on 1/23/07 before Judge O'Malley filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trischan at 216-357-7087. Complete document on file, 222 pages. (E,P)
January 24, 2007 Minutes of proceedings [non-document].Jury Trial held 1/24/2007 before Judge Kathleen M. O'Malley. Closing arguments. Charge to Jury. Jury deliberations begun and not concluded. Adjourned until 1/25/2007 at 9:30 a.m. (Court Reporter Susan Trischan.) (H,CM)
January 23, 2007 Filing 162 Draft Jury Instructions and Verdict Form to counsel. (H,CM)
January 23, 2007 Minutes of proceedings [non-document].Jury Trial held 1/23/2007 before Judge Kathleen M. O'Malley. Plaintiff's case continued and concluded. Defendants' case continued and concluded. Testimony taken. Exhibits admitted and Jury Charge conference with counsel. Adjourned until 1/24/2007 at 10:00 a.m. (Court Reporter Susan Trischan.) (H,CM)
January 23, 2007 Filing 161 Transcript of Trial Proceedings ( Volume 5) held on 1/22/07 before Judge O'Malley filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trischan at 216-357-7087. Complete document on file, 227 pages. (E,P)
January 22, 2007 Filing 160 Transcript of Trial Proceedings (Volume 4) held on 1/19/07 before Judge O'Malley filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trischan at 216-357-7087. Complete document on file, 254 pages. (E,P) Modified text on 1/22/2007 (E, P).
January 22, 2007 Filing 159 Motion for leave to Renew Motion In Limine Regarding Plaintiff's TV News Clips filed by all defendants. Related document(s) #135 . (Gibbons, Kevin)
January 22, 2007 Minutes of proceedings [non-document].Jury Trial held 1/22/2007 before Judge Kathleen M. O'Malley. Defendants' case continued and not concluded. Testimony taken. Adjourned until 1/23/2007 at 9:15 a.m. (Court Reporter Susan Trischan.) (H,CM)
January 19, 2007 Filing 158 Transcript of Trial Proceedings (Volume III) held on 1/18/07 before Judge O'Malley filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trischan at 216-357-7087. Complete document on file, 237 pages. (E,P)
January 19, 2007 Minutes of proceedings [non-document].Jury Trial held 1/19/2007 before Judge Kathleen M. O'Malley. Plaintiff's case continued and not concluded. Defendants' case begun and not concluded. Testimony taken. Adjourned until 1/22/2007 at 9:15 a.m. (Court Reporter Susan Trischan.) (H,CM)
January 18, 2007 Filing 157 Transcript of Trial Proceeding (Volume II) held on 1/17/07 before Judge O'Malley filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trishchan at 216-357-7087. Complete document on file, 222 pages. (E,P)
January 18, 2007 Minutes of proceedings [non-document].Jury Trial held 1/18/2007 before Judge Kathleen M. O'Malley. Plaintiff's case continued and not concluded. Testimony taken. Adjourned until 1/19/2007 at 9:15 a.m. (Court Reporter Susan Trischan.) (H,CM)
January 17, 2007 Minutes of proceedings [non-document]. Jury Trial held 1/17/2007 before Judge Kathleen M. O'Malley. Plaintiff's case continued and not concluded. Testimony taken. Adjourned until 1/18/2007 at 9:15 a.m. (Court Reporter Susan Trischan.) (H,CM)
January 17, 2007 Filing 156 Transcript of Trial Proceeding (Volume 1) held on 1/16/07 before Judge O'Malley filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trischan at 216-357-7087. Complete document on file, 124 pages. (E,P) Modified on 1/18/2007 (E, P).
January 17, 2007 Opinion or Order Filing 155 Order as to the newspaper articles and televison news clips, Defendants' motion is DENIED for the reasons articulated on the record. As to the Paskvan Arbitration Decisions, Defendants' motion is GRANTED. Ordergranting in part and denying in part Motion in limine (Related Doc #151 ). Paskvan's testimony is limited to the topics outlined by the Court on the record. Signed by Judge Kathleen M. O'Malley on 1/17/07.(E,P)
January 17, 2007 Filing 154 Amendment to Exhibit List to Add Document to Defendants' Trial Exhibit 1045 filed by all defendants. Related document(s) #150 . (Attachments: #1 Exhibit 1045. Addition)(Patel, Ami)
January 16, 2007 Minutes of proceedings [non-document]. Jury Selection and Jury Trial begun on 1/16/2007 before Judge Kathleen M. O'Malley. Opening statements of counsel; Plaintiff's case begun and not concluded; Testimony taken. Adjourned until 1/17/2007 at 9:15 a.m. (Court Reporter Susan Trischan.) (H,CM)
January 15, 2007 Filing 152 Trial Brief on the Issue of Departmental Charges as evidence of descriminatin or retaliatin filed by all defendants. (Attachments: #1 Exhibit 1. Portion of 1.11.07 Final Pretrial Transcript#2 Exhibit Portion of Collective Bargaining Agreement#3 Exhibit Charging Letter 2.6.03#4 Exhibit Suspension Letter 2.6.03#5 Exhibit Charging Letter 8.29.03#6 Exhibit Disciplinary Transcript 9.4.03#7 Exhibit Disciplinary Transcript 9.8.03)(Patel, Ami) Modified text on 1/16/2007 (B, R).
January 15, 2007 Filing 151 Motion for leave to file instanter Defendants'renewed Motion in limine to exclude Joseph Paskvan from testifying at trial in this case filed by all defendants. Related document(s) #132 , #144 . (Attachments: #1 Exhibit A; Paskvan Deposition#2 Exhibit B: Paskvan Arb Decision 5-22-86#3 Exhibit C; Plain Dealer 11-1-86#4 Exhibit D; Paskvan Arb Decision 9-12-86#5 Exhibit F; Plain Dealer 4-19-85#6 Exhibit G: Plain Dealer 5-12-85#7 Exhibit H: Plain Dealer 7-24-85#8 Exhibit I: Akron Beacon Journal 4-11-85#9 Exhibit J: Transcript 1-11-07 Pre-Trial#10 Exhibit K: Safety Director Hearing 9-4-03#11 Exhibit L: Safety Director Hearing 9-8-03)(Gibbons, Kevin) Modified text on 1/16/2007 (B, R).
January 12, 2007 Opinion or Order Filing 153 Order re #123 granting Motion in limine Regarding 2004 Vehicle Incidents filed by Edward Lentz, Jr., #145 granting Motion for Leave to Add Additional Witness to List. Defendants' oral motion, made at the hearing, to add a records custodian to their witness list is alson Granted as unopposed filed by Edward Lentz, Jr., #100 Denying Motion in limine to Exclude Plaintiff's Expert Report by Dr. Steinberg filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn, #129 Granting in part and Denying in part in accordance with Court's instruction Motion in limine to Exclude Reference to Alleged Release of Plaintiff's Medical Records filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn, #126 Granting Motion in limine Regarding Witnesses Ketterer and Good filed by Edward Lentz, Jr., #135 Granting in part and Denying in part Motion in limine to Exclude Certain Exhibits at Trial filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn, #125 Granting Motion in limine Regarding Robbie White Litigation filed by Edward Lentz, Jr., #131 Denying Motion in limine to Exclude Reference to Grand Jury Proceedings and Prosecutor Thought Process filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn, #122 Granting Motion in limine Regarding 2005 Grievance filed by Edward Lentz, Jr., #101 Granting Motion in limine to Exclude Plaintiff's Expert Report by Dr. Pesta filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn, #130 Granting in part and Denying in part Motion in limine to Exclude Reference to Criminal Charges as An Adverse Employment Action filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn, #124 Granting Motion in limine Regarding Opinions of Dr. Williams and Dr. Koricke filed by Edward Lentz, Jr., #132 Granting in part and Denying in part (see Order for Details) Motion in limine to Exclude Testimony of Some Plaintiff's Witnesses filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn 0. Signed by Judge Kathleen M. O'Malley on 1/12/07. (E,P)
January 10, 2007 Filing 150 Amended Exhibit(s) List filed by all defendants. Related document(s) #118 . (Gibbons, Kevin)
January 10, 2007 Filing 149 Proposed Stipulation of Both Parties filed by City of Cleveland. (Gibbons, Kevin)
January 10, 2007 Filing 148 Joint Proposed Jury Instructions filed by all parties. Related document(s) #128 , #133 . (Patel, Ami)
January 8, 2007 Filing 147 Motion for leave to File Instanter Defendants' Reply In Support of Motion in Limine to Exclude Certain Exhibits for use by Plaintiff filed by all defendants. Related document(s) #135 , #137 . (Attachments: #1 Exhibit A: Cleveland Life Article 12-01#2 Exhibit B: Plain Dealer Article 12-2-02#3 Exhibit C: Plain Dealer Article 2-6-03#4 Exhibit D: Gibson v. Shelly)(Gibbons, Kevin)
January 8, 2007 Filing 146 Motion for leave to File Instanter Reply in Support of Defendants' Motion in Limine to Exclude Criminal Charges as Adverse Employment Action filed by all defendants. Related document(s) #130 . (Attachments: #1 Exhibit 1. Draper Deposition)(Patel, Ami)
January 8, 2007 Filing 145 Plaintiff's Motion for Leave to Add Additional Witness to List filed by Edward Lentz, Jr. (Oakley, David)
January 8, 2007 Filing 144 Motion for leave to File Instanter Reply in Support of Defendant's Motion in Limine to exclude testimony of some of Plaintiff's Witnesses filed by all defendants. Related document(s) #132 . (Attachments: #1 Exhibit 1.Portion of Klimak Deposition#2 Exhibit 2. Portion of Watson Deposition#3 Exhibit 3. Wooley v. Ohio Edison Case#4 Exhibit 4. Gibson v. Shelley Co. Case)(Patel, Ami) Modified text on 1/10/2007 (B, R).
January 8, 2007 Filing 143 Reply in Support of Motion in limine Regarding Opinions of Dr. Williams and Dr. Koricke, Motion in limine Regarding Robbie White Litigation, Motion in limine Regarding 2004 Vehicle Incidents, Motion in limine Regarding 2005 Grievance, Motion in limine Regarding Witnesses Ketterer and Good filed by Edward Lentz, Jr. Related document(s) #124 , #125 , #123 , #122 , #126 . (Oakley, David) Modified text on 1/10/2007 (B, R).
January 5, 2007 Filing 142 Notice of Hearing. Final Pretrial Conference RESET* for 1/11/2007 09:30 AM before Honorable Kathleen M. O'Malley. (*Please note new date and time.) (H, C)
January 2, 2007 Filing 141 Response to Motion in limine Regarding Opinions of Dr. Williams and Dr. Koricke, Motion in limine Regarding Robbie White Litigation, Motion in limine Regarding 2004 Vehicle Incidents, Motion in limine Regarding 2005 Grievance, Motion in limine Regarding Witnesses Ketterer and Good filed by all defendants. Related document(s) #124 , #125 , #123 , #122 , #126 . (Gibbons, Kevin)
January 2, 2007 Filing 140 Response to Motion in limine to Exclude Testimony of Some Plaintiff's Witnesses filed by Edward Lentz, Jr. Related document(s) #132 . (Attachments: #1 Exhibit Interrogatory Answer No. 5)(Oakley, David)
January 2, 2007 Filing 139 Response to Motion in limine to Exclude Reference to Grand Jury Proceedings and Prosecutor Thought Process filed by Edward Lentz, Jr. Related document(s) #131 . (Oakley, David)
January 2, 2007 Filing 138 Response to Motion in limine to Exclude Reference to Alleged Release of Plaintiff's Medical Records filed by Edward Lentz, Jr. Related document(s) #129 . (Oakley, David)
January 2, 2007 Filing 137 Response to Motion in limine to Exclude Certain Exhibits at Trial filed by Edward Lentz, Jr. Related document(s) #135 . (Oakley, David)
January 2, 2007 Filing 136 Response to Motion in limine to Exclude Reference to Criminal Charges as An Adverse Employment Action filed by Edward Lentz, Jr. Related document(s) #130 . (Oakley, David)
December 26, 2006 Filing 135 Motion in limine to Exclude Certain Exhibits at Trial filed by all defendants. (Gibbons, Kevin)
December 26, 2006 Filing 134 Trial Brief filed by all defendants. (Gibbons, Kevin)
December 26, 2006 Filing 133 Proposed Jury Instructions and Jury Interrogatories filed by all defendants. (Gibbons, Kevin)
December 26, 2006 Filing 132 Motion in limine to Exclude Testimony of Some Plaintiff's Witnesses filed by all defendants. Related document(s) 111 , #100 , #131 , #130 , 116 , #101 , #115 . (Attachments: #1 Exhibit 1 Plaintiff's Response to Int. 1 and 2#2 Exhibit 2 Ames v. Van Dyke#3 Exhibit 3 Sexton v. Uniroyal#4 Exhibit 4 Paskvan v. Cleveland Civil Service)(Patel, Ami)
December 26, 2006 Filing 131 Motion in limine to Exclude Reference to Grand Jury Proceedings and Prosecutor Thought Process filed by all defendants. Related document(s) #130 . (Attachments: #1 Exhibit 1 State v. Russell case#2 Exhibit 2 Harper v. Bohanan)(Patel, Ami)
December 26, 2006 Filing 130 Motion in limine to Exclude Reference to Criminal Charges as An Adverse Employment Action filed by all defendants. (Attachments: #1 Exhibit 1. Buelow Depo. Transcript#2 Exhibit 2 Watson Depo. Transcript#3 Exhibit 3 Dokes v. Jefferson County Case#4 Exhibit 4 Relevant Cleveland Charter Provisions#5 Exhibit 5 C.C.O. 125.01#6 Exhibit 6 C.C.O. 135.01)(Patel, Ami) Modified text on 1/4/2007 (B, R).
December 26, 2006 Filing 129 Motion in limine to Exclude Reference to Alleged Release of Plaintiff's Medical Records filed by all defendants. (Patel, Ami)
December 26, 2006 Filing 128 Proposed Jury Instructions filed by Edward Lentz, Jr. (Oakley, David)
December 26, 2006 Filing 127 Trial Brief filed by Edward Lentz, Jr. (Oakley, David)
December 22, 2006 Filing 126 Motion in limine Regarding Witnesses Ketterer and Good filed by Edward Lentz, Jr. (Oakley, David)
December 22, 2006 Filing 125 Motion in limine Regarding Robbie White Litigation filed by Edward Lentz, Jr. (Oakley, David)
December 22, 2006 Filing 124 Motion in limine Regarding Opinions of Dr. Williams and Dr. Koricke filed by Edward Lentz, Jr. (Oakley, David)
December 22, 2006 Filing 123 Motion in limine Regarding 2004 Vehicle Incidents filed by Edward Lentz, Jr. (Oakley, David)
December 22, 2006 Filing 122 Motion in limine Regarding 2005 Grievance filed by Edward Lentz, Jr. (Oakley, David)
December 21, 2006 Opinion or Order Filing 121 Sealing Order. By agreement of the parties, and consistent with the Court's Sealing Order of 11/8/2006 #114 , the Court hereby ORDERS that Defendants' Motion in Limine to Exclude Plaintiff's Expert Testimony by Dr. Steinberg #100 be PLACED UNDER SEAL. Signed by Judge Kathleen M. O'Malley on 12/21/2006. (H, C)
December 19, 2006 Filing 120 Witness List filed by all defendants. (Gibbons, Kevin)
December 19, 2006 Filing 119 Exhibit List filed by all defendants. (Gibbons, Kevin)
December 19, 2006 Filing 118 Exhibit List filed by Edward Lentz, Jr. (Oakley, David)
December 19, 2006 Filing 117 Witness List filed by Edward Lentz, Jr. (Oakley, David)
December 12, 2006 Opinion or Order Order [non-document] entered 12/12/2006 granting defendants' Motion for leave to file instanter supplement to motion in limine to exclude expert testimony of Dr. Steinberg (Related Doc # 116 ). Judge Kathleen M. O'Malley (H, C)
December 8, 2006 Filing 116 Motion for leave to file instanter its supplement to defendants' motion in limine to exclude plaintiff's expert testimony by Dr. Steinberg filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn. Related document(s) #114 . (FILED UNDER SEAL)(E, P)
November 17, 2006 Filing 115 Reply Brief in support of Motion in limine to Exclude Dr. Pesta's Expert Testimony filed by all defendants. Related document(s) #101 . (Attachments: #1 Unreported Case#2 Exhibit 1.Excerpt from Draper Deposition)(Patel, Ami). Modified on 11/21/2006 (B, R).
November 8, 2006 Opinion or Order Filing 114 Sealing Order. The Court hereby ORDERS that all future filings which contain the information described herein be filed under seal in accordance with Local Rule 5.2. Signed by Judge Kathleen M. O'Malley on 11/8/2006. (H, C)
November 8, 2006 Opinion or Order Order [non-document] entered 11/8/2006 granting plaintiff's Motion for leave to file sur-reply (Related Doc #113 ). Judge Kathleen M. O'Malley (H, C)
November 3, 2006 Filing 113 Motion for Permission to File Sur-Reply or Supplemental Brief filed by Edward Lentz, Jr. Related document(s) #112 . (Oakley, David)
November 3, 2006 Filing 112 Opposition to Motion in limine to Exclude Plaintiff's Expert Report by Dr. Pesta filed by Edward Lentz, Jr. Related document(s) #101 . (Attachments: #1 Exhibit 1, Letter from Attorney Gibbons)(Oakley, David)
November 3, 2006 Filing 111 Reply in support of defendants' motion in limine to exclude plaintiff's expert testimony of Dr. Steinberg filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn. Related document(s) 108 and Non document order filed 11/2/06. (E, P) Modified on 11/7/2006 to note Filed Under Seal (B, T).
November 2, 2006 Opinion or Order Order [non-document] entered 11/2/2006 granting defendants' Motion for leave to file reply brief under seal (Related Doc #110 ). Judge Kathleen M. O'Malley (H, C)
November 2, 2006 Opinion or Order Order [non-document] entered 11/2/2006 granting plaintiff's #109 Motion for Extension of Time until 11/3/2006 to file opposition to motion in limine regarding Dr. Pesta. Judge Kathleen M. O'Malley (H, C)
November 1, 2006 Filing 110 Motion for leave to file Defendants' Reply Brief Under Seal filed by all defendants. (Patel, Ami)
October 27, 2006 Filing 109 Second Unopposed Motion for extension of time from 10/27/06 until 11/03/06 to file motion in opposition to the motion in limine regarding Dr. Pesta filed by Edward Lentz, Jr. (Oakley, David) Modified text of docket entry on 10/30/2006 (B, B).
October 23, 2006 Opinion or Order Order [non-document] entered 10/23/2006 granting plaintiff's Motion to exceed page limitation (Related Doc #104 ); granting plaintiff's #106 Motion to Extend time until 10/27/2006 to file opposition to motion in limine regarding Dr. Pesta. Judge Kathleen M. O'Malley (H, C)
October 20, 2006 Filing 108 Opposition to Motion in limine to Exclude Plaintiff's Expert Testimony Report of Dr. Joel Steinberg filed by Edward Lentz, Jr. Related document(s) #100 . (FILED UNDER SEAL)(E, P)
October 20, 2006 Filing 107 Notice of Filing of Plaintiff's Exhibits in Support of Opposition to Motion in Limine to Exclude Testimony of Dr. Steinberg 108 filed by Edward Lentz, Jr. (Attachments: #1 Exhibit 1_Curriculum Vitae of Dr. Steinberg#2 Exhibit 2_List of Cases) (Oakley, David) Modified to create link on 10/25/2006 (B, R).
October 20, 2006 Opinion or Order Order [non-document] entered 10/20/2006 granting plaintiff's Motion to file opposition brief under seal (Related Doc #105 ). Judge Kathleen M. O'Malley (H, C)
October 19, 2006 Filing 106 Unopposed Motion to extend deadline until 10/27/06 to file opposition to motion in limine regarding Dr. Pesta filed by Edward Lentz, Jr. (Oakley, David) Modified text on 10/23/2006 (B, R).
October 19, 2006 Filing 105 Motion to file under seal Opposition Brief to Motion in Limine to Exclude Testimony of Dr. Steinberg #100 filed by Edward Lentz, Jr. (Oakley, David) Modified to create link on 10/23/2006 (B, R).
October 18, 2006 Filing 104 Motion for Order to Exceed Page Limitation for Oppostion to Motion in Limine to Exclude Dr. Steinberg's Testimony filed by Edward Lentz, Jr. Related document(s) #100 . (Oakley, David)
September 29, 2006 Filing 103 Exhibits 1,2,4,7 snd 8 to motion in Limine to exclude Plaintff's expert testimony of Dr. Steinberg filed Under Seal filed by all defendants. Related document(s) #99 , #100 . (C, B)
September 28, 2006 Opinion or Order Order [non-document] entered 9/28/2006 granting defendants' Motion to file exhibits under seal (Related Doc #99 ); granting defendants' Motion for leave to file brief in excess of page limitation (Related Doc #102 ). Judge Kathleen M. O'Malley (H, C)
September 22, 2006 Filing 102 Motion for leave to Exceed Page Limitation on Steinberg Motion in Limine filed by all defendants. Related document(s) #100 . (Patel, Ami)
September 22, 2006 Filing 101 Motion in limine to Exclude Plaintiff's Expert Report by Dr. Pesta filed by all defendants. (Attachments: #1 Exhibit 1: Report of Dr. Pesta#2 Exhibit 2: CV of Dr. Henderson#3 Exhibit 3: Report of Dr. Henderson#4 Exhibit 4: Deposition Transcript of Dr. Pesta#5 Exhibit 5: Affidavit of Oakley and FRE 1006 Summary)(Patel, Ami)
September 22, 2006 Filing 100 Motion in limine to Exclude Plaintiff's Expert Report by Dr. Steinberg filed by all defendants. (Attachments: #1 Exhibit 3: Plainitiff's Response to Defendant's Discovery#2 Exhibit 5: Letter from Plaintiff's Counsel#3 Exhibit 6: CV of Dr. Tosi#4 Exhibit 9: Chapter on Multiaxial Assessment#5 Exhibit 10: Journal Article by Thomas Hohensil#6 Exhibit 11: DSM-IV-TR-Chapter on Adjustment Disorder#7 Exhibit 12: Journal Article on Adjustment Disorders)(Patel, Ami)
September 21, 2006 Filing 99 Motion for Order to Manually File Under Seal Exhibits 1, 2, 4, 7 and 8 to Defendants Motion in Limine to Exclude Dr. Steinberg's Report filed by all defendants. Related document(s) #37 , #22 . (Patel, Ami)
September 5, 2006 Opinion or Order Filing 98 Order denying Motions of plaintiff to quash (Related Doc #96 ) and (Related Doc #97 ). Signed by Judge Kathleen M. O'Malley on 9/5/06.(S, DJ)
August 30, 2006 Filing 97 Motion to quash subpoenas to Dr. Williams and Dr. Koricke filed by Edward Lentz, Jr. (Attachments: #1 Brief in Support #2 Exhibit Supoena to Dr. Williams#3 Exhibit Subpoena to Dr. Koricke#4 Exhibit counsel letter)(Oakley, David)
August 28, 2006 Filing 96 Motion to quash Subpoena to Dr. Layne filed by Edward Lentz, Jr. (Attachments: #1 Brief in Support #2 Exhibit Subpoena)(Oakley, David)
August 18, 2006 Opinion or Order Order [non-document] entered 8/18/2006 granting joint #95 Motion to Extend Deadlines; defendants' expert reports and all motions in limine regarding expert testimony due by 9/22/2006; responses to motions in limine due by 10/20/2006; expert discovery due by 11/3/2006. Judge Kathleen M. O'Malley (H, C)
August 16, 2006 Filing 95 Joint Motion for extension of to File Expert Reports and Motions Regarding Expert Testimony until September 22, 2006 filed by all parties. Related document(s) #93 . (Attachments: #1 Exhibit 1 through 3)(Patel, Ami)
July 26, 2006 Opinion or Order Filing 94 Order that Edward Lentz's retaliation claim is reinstated regarding the extended assignment to the gymnasium and the filing and pursuit of departmental charges. Signed by Judge Kathleen M. O'Malley on 7/25/2006. (B, B)
July 25, 2006 Opinion or Order Filing 93 Trial Order: Trial is set for 1/16/2007, Final Pretrial is set for 1:00 p.m. on 1/9/2007, all to take place before Honorable Kathleen M. O'Malley. Motions in limine addressed to the admissibility of expert testimony under Daubert v. Merrell Dow Pharms are due by 9/8/2006 and responses are due by 10/1/2006, all expert discovery must be completed by 10/16/2006. Signed by Judge Kathleen M. O'Malley on 7/24/2006. (B, B)
July 24, 2006 Filing 92 Notice of Substitution of Counsel removing attorney Mary Hanna and adding attorney Ami J. Patel filed by on behalf of all defendants. (Patel, Ami)
July 24, 2006 Minutes of proceedings [non-document]. Status/Settlement Conference held on 7/24/2006 before Judge Kathleen M. O'Malley. (Court Reporter None.) (H, C)
July 19, 2006 Filing 91 Notice of Suggestion on Record to Substitute New Public Officers in Place of their Predecessors filed by all defendants. (Gibbons, Kevin)
July 11, 2006 Opinion or Order Order (non-document) pursuant to the protocol adopted by the judges of this Court in General Order 2006-21, re: reassignment of the docket of Senior Judge John M. Manos, the case has been reassigned to the Honorable Kathleen M. O'Malley.(C, K A) Modified text 7/12/2006 (C, K A).
June 5, 2006 Filing 90 Notice of Hearing Status Conference set for 7/24/2006 AT 11:00 AM in Chambers 16B before Hon. John M. Manos. (G, Y.)
May 22, 2006 Opinion or Order Filing 89 Memorandum of Opinion and Order GRANTING motion for reconsideration #75 and GRANTING renewed motion for summary judgment on the invasion of privacy claim #80 . Upon reconsideration, the motion to compel #26 is DENIED. Signed by Judge John M. Manos on 05/22/2006. The Court will set a pretrial conference shortly. (F,S)
April 20, 2006 Filing 88 Reply to response to Third Party Motion for reconsideration Of Order Compelling Testimony Based On Newly Discovered Information (related doc #75 ) and Reply to Plaintiff's Brief in Opposition to Defendants Renewed Motion for Summary Judgment (related doc #80 ) filed by all defendants. (Attachments: #1 Exhibit A: Guiffre v. Local Lodge No. 1124,1991 WL 135576)(Gibbons, Kevin) Added link 4/28/2006 (C, K A).
April 11, 2006 Filing 87 Exhibit 2 to response to motion for reconsideration (w/renewed motion for summary judgment) filed by Edward Lentz, Jr. Related document(s) #22 , #86 . Filed Under Seal. (C, K A)
April 6, 2006 Filing 86 Response to City's Renewed Motion for Summary Judgment filed by Edward Lentz, Jr. Related document(s) #80 . (Attachments: #1 Exhibit 1_Public Records Response to Tobin#2 Exhibit 3_Carr Deposition Excerpts)(Oakley, David) Modified on 4/7/2006 (H, D).
March 21, 2006 Filing 85 Exhibits 1 and 2 to the Declaration of Charles Hayden filed by Michael Tobin. (FILED UNDER SEAL) Related document(s) #83 . (C, B)
March 21, 2006 Opinion or Order Order [non-document] granting Motion by Third Party Witness Michael Tobin to File Exhibits 1 and 2 Under Seal to the Declaration of Charles Hayden(Related Doc #83 ). Entered by Judge John M. Manos on 3/21/06.(G, Y.)
March 15, 2006 Filing 84 Affidavit of Munday Workman filed by all defendants. Related document(s) #80 . Filed Under Seal pursuant to 3/9/06 non document entry granting same.(C, K A)
March 15, 2006 Filing 83 Motion for Third Party Witness Michael Tobin To File Under Seal Exhibits 1 and 2 to the Declaration of Charles Hayden filed by Michael Tobin. Related document(s) #82 . (Colombo, Louis)
March 15, 2006 Filing 82 Reply to response to Third Party Motion for reconsideration Of Order Compelling Testimony Based On Newly Discovered Information filed by Michael Tobin. Related document(s) #75 . (Attachments: #1 Exhibit)(Colombo, Louis) Modified text on 3/16/2006 (E, P).
March 9, 2006 Opinion or Order Order (non-document)granting Motion by defendants for permission to file Exhibit "A" to their Memorandum in Support under seal (Related Doc #81 ). Entered by Judge John M. Manos on 3/9/06.(G, Y.)
March 8, 2006 Filing 81 Motion for Order to Manually file Exhibit A under Seal filed by all defendants. Related document(s) #80 . (Gibbons, Kevin)
March 8, 2006 Filing 80 Memorandum In Support of Third Party Motion for reconsideration Of Order Compelling Testimony Based On Newly Discovered Information And Renewed Motion for Summary Judgment on Plaintiff's Claim for Invasion of Privacy filed by all defendants. Related document(s) #75 . (Attachments: #1 Exhibit B: Docket for Cuyahoga County Case No. 366598#2 Exhibit C: Plain Dealer Story 4-19-02#3 Exhibit D: Plain Dealer Story 2-6-03#4 Exhibit E: Civil Service Commission Rule 1.30#5 Exhibit F: EEOC Complaint of Edward Lentz)(Gibbons, Kevin)
March 2, 2006 Filing 79 Response to Third Party Motion for reconsideration Of Order Compelling Testimony Based On Newly Discovered Information filed by plaintiff. Related document(s) #75 . (Oakley, David) Modified text of docket entry on 3/3/2006 (B, B).
March 1, 2006 Opinion or Order Order (non-document) granting Motion of third party witness Michael Tobin to quash subpoena(Related Doc #78 ).Entered by Judge John M. Manos on 3/1/06.(G, Y.)
February 28, 2006 Filing 78 Motion to quash Subpoena filed by Michael Tobin. (Attachments: #1Exhibit A)(Colombo, Louis) Modified on 3/1/2006 (H, D).
February 15, 2006 Opinion or Order Order (non-document) granting Motion by third party witness to seal exhibits B and C to his motion to reconsider (Related Doc #76 ).Entered by Judge John M. Manos on 2/15/06.(G, Y.)
February 14, 2006 Filing 77 Exhibit(s) B and C to motion of third party witness Michael Tobin to reconsider order compelling testimony based on newly discovered information filed by Michael Tobin. Related document(s) #75 , #22 . (FILED UNDER SEAL)(E, P)
February 14, 2006 Filing 76 Motion for Order to Manually File Exhibits B and C Under Seal filed by Michael Tobin. Related document(s) #75 . (Colombo, Louis)
February 14, 2006 Filing 75 Third Party Witness' Motion for reconsideration Of Order Compelling Testimony Based On Newly Discovered Information filed by Michael Tobin. Related document(s) #73 . (Attachments: #1 Exhbit A #2 Exhbit B (FILED UNDER SEAL)#3 Exhibit C (FILED UNDER SEAL)#4 EXHIBIT D)(Colombo, Louis) Modified text on 2/21/2006 (C, B).
February 14, 2006 Filing 74 Motion to withdraw as attorney filed by all defendants. (Baker, Gail)
February 14, 2006 Opinion or Order Order (non-document)granting Motion to withdraw as attorney, attorney Gail D. Baker removed from case. (Related Doc #74 ). Entered by Judge John M. Manos on 2/14/06.(G, Y.)
January 18, 2006 Opinion or Order Filing 73 Memorandum of Opinion and Order granting Motion to compel discovery #26 . Signed by Judge John M. Manos on 01/18/2006. (F,S)
January 18, 2006 Opinion or Order Filing 72 Order re: #23 Motion for summary judgment filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. Pursuant to the memorandum of opinion filed in this case on this date, the motion for summary judgment is granted, in part, and denied, in part. Also, the Court defers a ruling on the invasion of privacy claim until it has an opportunity to rule on the pending motion to compel. Signed by Judge John M. Manos on 01/18/2006. (F,S)
January 18, 2006 Filing 71 Memorandum of Opinion re #23 Motion for summary judgment filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. The motion is granted, in part, and denied, in part. Also, the Court defers a ruling on the invasion of privacy claim until it has an opportunity to rule on the pending motion to compel. Signed by Judge John M. Manos on 01/18/2006. (F,S)
January 18, 2006 Opinion or Order Order (non-document) denying as moot Motion to supplement #67 . Entered by Judge John M. Manos on 01/18/2006. (F,S) Modified on 1/19/2006 (H, D).
June 22, 2005 Filing 70 Exhibits AAA-1, AAA-2 & AAA-3 to reply in support of motion for summary judgment (FILED UNDER SEAL) filed by Sanford E. Watson, City of Cleveland, Edward F. Lohn. Related document(s) #63 , 69 . (C, B)
June 17, 2005 Opinion or Order Filing 69 Order (non-document)granting Motion for leave by defendants to file exhibit under seal(Related Doc #63 ). Entered by Judge John M. Manos on 6/17/05.(G, Y.)
February 22, 2005 Filing 68 Memorandum in response to Plaintiff's Motion to add supplemental authority to motion to compel filed by Non-Party Michael Tobin. Related document(s) #67 . (Attachments: #1)(Colombo, Louis) Modified on 3/8/2005 (S, R).
February 15, 2005 Filing 67 Motion to supplement Motion to Compel Non-Party Michale Toban filed by Edward Lentz, Jr. Related document(s) #26 . (Attachments: #1 Appendix In re Grand Jury Subpoena, Judith Miller)(Oakley, David)
February 14, 2005 Filing 66 Response to Motion to strike Plaintiff's Exhibit 56 filed by Edward Lentz, Jr. Related document(s) #60 . (Attachments: #1 Exhibit August 17 letter#2 Exhibit August 27 letter#3 Exhibit October 4 letter#4 Exhibit November 4 letter#5 Exhibit November 29 letter#6 Exhibit December 10 letter#7 Exhibit Preliminary Report)(Oakley, David)
February 1, 2005 Opinion or Order Filing 65 Marginal Order granting Motion for order sealing exhibit 1 to motion to compel (Related Doc #62 ). Signed by Judge John M. Manos on 2/1/05.(C, B)
February 1, 2005 Opinion or Order Filing 64 Marginal Order granting Motion for leave to file reply to plaintiff's brief in opposition to motion for summary judgment (Related Doc #61 ). Signed by Judge John M. Manos on 2/1/05.(C, B)
February 1, 2005 Filing 63 Motion for leave to file Exhibits AAA-1; AAA-2; and AAA-3 to Defendants' Reply in Support of Motion for Summary Judgment Under Seal Instanter filed by all defendants. Related document(s) #61 . (Baker, Gail)
February 1, 2005 Filing 62 Motion for Order Sealing Exhibit 1 to Plaintiff's Motion to Compel filed by Edward Lentz, Jr. Related document(s) #26 . (Oakley, David)
January 31, 2005 Filing 61 Motion for leave to file Reply Brief to plaintiff's Brief In Opposition to defendants' Motion For Summary Judgment filed by all defendants. Related document(s) #52 . (Attachments: #1 Exhibit Reply Brief In Support Of Motion For Summary Judgment#2 Exhibit A: (pages 49 & 50 are blank) Internal Affairs Investigation#3 Exhibit D: (page 100 blank) CPPA Collective Bargaining Agreement#4 Exhibit YY-1: Affidavit of Laura Palinkas#5 Exhibit BBB: Affidavit of Monika Bhagar, US Dept. of Justice#6 Exhibit TT: Connel v. JP Morgan#7 Exhibit UU: Friedlar v. Equitable Life Assurance#8 Exhibit VV: Hann v. Perkins Township#9 Exhibit WW: Letscher v. Swill Bank Corp.#10 Exhibit XX: Smith v. County of Hamilton#11 Exhibit ZZ: Stanley v. Comerica Bank)(Gibbons, Kevin) Modified text on 2/25/2005 (S, T).
January 31, 2005 Filing 60 Motion to strike Plaintiff's Exhibit 56 attached to plaintiff's response to defendant's motion for summary judgment filed by all defendants. Related document(s) #52 . (Baker, Gail) Modified text on 2/25/2005 (S, T). Modified on 8/25/2006 (H, C). Termed as moot.
January 25, 2005 Filing 59 Notice of the filing of the deposition of Pinkey Carr filed by Edward Lentz, Jr. Related document(s) #58 . (C, B)
January 25, 2005 Filing 58 Deposition of Pinkey Carr taken on 12/27/04 (complete document of file in the Clerk's Office, 21 reduced pages) filed by Edward Lentz, Jr. (C, B)
January 21, 2005 Filing 57 Notice of Hearing. Case scheduled for a Conference on 2/2/2005 at 1:00 PM in Chambers 16B before the Hon. John M. Manos. (C, B)
January 19, 2005 Opinion or Order Filing 56 Marginal Order granting Motion for leave to file Exhibits 55 & 58 Under Seal, instanter (Related Doc #52 , #55 ). Signed by Judge John M. Manos on 1/19/05. (C, B) Modified on 2/22/2005 (S, R).
January 14, 2005 Filing 55 Motion for leave to file Exhibits 55 & 58 to response to motion for summary judgment under seal, instanter filed by Edward Lentz, Jr. (Related Doc. No. #52 ). (C, B) Modified on 2/22/2005 (S, R).
January 14, 2005 Opinion or Order Filing 54 Marginal Order granting Motion to file response in excess of page limit (Related Doc #40 ). Signed by Judge John M. Manos on 1/14/05.(C, B)
January 14, 2005 Opinion or Order Filing 53 Marginal Order granting Motion for leave to supplement motion for summary judgment (Related Doc #39 ). Signed by Judge John M. Manos on 1/14/05.(C, B)
January 13, 2005 Filing 52 Response to Motion for summary judgment filed by Edward Lentz, Jr. Related document(s) #23 . (Attachments: #1Exhibit 1 #2 Exhibit 2#3Exhibit 3 #4Exhibit 4 #5Exhibit 5 #6Exhibit 6 #7Exhibit 7 (page 7 not legible) #8Exhibit 8 #9Exhibit 9 #10Exhibit 10 #11Exhibit 11 #12Exhibit 12 #13Exhibit 13 #14Exhibit 14 #15 Exhibit 15#16Exhibit 16 #17Exhibit 17 #18Exhibit 18 #19Exhibit 19 #20Exhibit 20 #21Exhibit 21 #22Exhibit 22 #23Exhibit 23 #24Exhibit 24 #25Exhibit 25 #26Exhibit 26 #27Exhibit 27 #28Exhibit 28 #29Blank document #30Exhibit 30 #31Exhibit 31 #32Exhibit 32 #33Exhibit 33 #34Exhibit 34 #35Exhibit 35 #36Exhibit 36 #37Exhibit 37 #38Exhibit 38 #39Exhibit 39 #40Exhibit 40 #41Exhibit 41 #42Exhibit 42 #43Exhibit 42A #44Exhibit 43 #45Exhibit 44 #46Exhibit 45 #47Exhibit 46 #48Exhibit 47 #49Exhibit 48 #50Exhibit 49 #51Exhibit 50 #52Exhibit 52 #53Exhibit 53 #54Exhibit 54 #55Exhibit 56 #56Exhibit 57)(Oakley, David) Modified on 1/27/2005 to add descriptions to attachments. (H, D).
January 12, 2005 Filing 51 Deposition of Sanford Watson taken on 9/24/04 (complete document on file in the Clerk's Office, 46 pages) filed by all plaintiffs. Related document(s) #41 . (C, B) Modified on 1/27/2005 (H, D).
January 12, 2005 Filing 50 Deposition of Patricia Sanney taken on 8/30/04 (complete document on file in the Clerk's Office, 13 pages) filed by all plaintiffs. Related document(s) #41 . (C, B) Modified number of pages on 1/13/2005 (C, B).
January 12, 2005 Filing 49 Deposition of Joseph Petkac taken on 10/15/04 (complete document on file in the Clerk's Office, 27 pages) filed by all plaintiffs. Related document(s) #41 . (C, B)
January 12, 2005 Filing 48 Deposition of Laura Palinkas taken on 9/15/04 (complete document on file in the Clerk's Office, 20 pages) filed by all plaintiffs. Related document(s) #41 . (C, B)
January 12, 2005 Filing 47 Deposition of Sharon MacKay taken on 8/30/04 (complete document on file in the Clerk's Office, 11 pages) filed by all plaintiffs. Related document(s) #41 . (C, B)
January 12, 2005 Filing 46 Deposition of James Draper taken on 9/23/04 (complete document on file in the Clerk's Office, 44 pages) filed by all plaintiffs. Related document(s) #41 . (C, B)
January 12, 2005 Filing 45 Deposition of Edward F. Lohn taken on 9/17/04 (complete document on file in the Clerk's Office, 62 pages) filed by all plaintiffs. Related document(s) #41 . (C, B)
January 12, 2005 Filing 44 Deposition of Robert Klimak taken on 9/3/04 (complete document on file in the Clerk's Office, 73 pages) filed by all plaintiffs. Related document(s) #41 . (C, B) Modified text to add number of pages on 1/13/2005 (C, B).
January 12, 2005 Filing 43 Deposition of Edward Buelow taken on 10/15/04 (complete document on file in the Clerk's Office, 19 pages) filed by all plaintiffs. Related document(s) #41 . (C, B)
January 12, 2005 Filing 42 Deposition of Mary Bounds taken on 8/30/04 (complete document on file in the Clerk's Office, (18 pages) filed by all plaintiffs. (C, B) Modified on 1/27/2005 (H, D).
January 12, 2005 Filing 41 Notice of filing depositions (filed manually) filed by all plaintiffs. (C, B)
January 12, 2005 Filing 40 Motion for Order to Exceed Page Limitation filed by Edward Lentz, Jr. Related document(s) #23 . (Attachments: #1Affidavit)(Oakley, David) Modified on 1/27/2005 (H, D).
November 29, 2004 Filing 39 Motion for leave to supplement motion for summary judgment filed by all defendants. Related document(s) #23 . (Attachments: #1 Errata)(Baker, Gail)
November 22, 2004 Opinion or Order Order (non-document)granting Motion by plaintiff for leave to submit additional interrogatories (Related Doc #38 ). Entered by Judge John M. Manos on 11/22/04.(G, Y.)
November 15, 2004 Opinion or Order Order (non-document) granting Motion by plaintiffs for leave to conduct additional depositions (Related Doc #31 ).Entered by Judge John M. Manos on 11/15/04.(G, Y.)
November 15, 2004 Opinion or Order Order (non-document)granting #27 Motion by plaintiffs for Extension of Time to complete discovery. Plaintiff has to 12/14/04 to complete discovery and to 1/13/05 fo file opposition to motion for summary judgment.Entered by Judge John M. Manos on 11/15/04.(G, Y.)
November 11, 2004 Filing 38 Motion for leave to Submit Additional Interrogatories filed by Edward Lentz Jr. (Attachments: #1Proposed Interrogatories)(Oakley, David) Modified on 11/17/2004 (H, D).
November 10, 2004 Opinion or Order Filing 37 Stipulated Protective Order . Signed by Judge John M. Manos on 11/10/04. (C, B)
November 9, 2004 Filing 36 Reply to response to Motion to compel discovery filed by Edward Lentz Jr.. Related document(s) #26 . (Oakley, David)
November 5, 2004 Filing 35 Reply to response to Motion for leave to Conduct Additional Depositions filed by Edward Lentz Jr.. Related document(s) #31 . (Oakley, David)
November 1, 2004 Filing 34 Opposition to Motion for leave to Conduct Additional Depositions filed by all defendants. Related document(s) #31 . (Gibbons, Kevin)
November 1, 2004 Filing 33 Reply to response to Motion for extension of time until January 13, 2005 to Complete Discovery and Respond to Summary Judgment filed by Edward Lentz Jr.. Related document(s) #27 . (Attachments: #1 Exhibit 1 Letter from Attorney Oakley)(Oakley, David)
October 29, 2004 Filing 32 Opposition to Motion to compel discovery From Third Party Witness Tobin filed by Michael Tobin. Related document(s) #26 . (Colombo, Louis)
October 26, 2004 Filing 31 Motion for leave to Conduct Additional Depositions filed by Edward Lentz Jr.. (Oakley, David)
October 22, 2004 Filing 30 Opposition to Motion for extension of time until January 13, 2005 to Complete Discovery and Respond to Summary Judgment filed by all defendants. Related document(s) #27 . (Attachments: #1 Affidavit of Attorney Kevin Gibbons#2 Exhibit Exh B: Felony Review Form#3 Exhibit Exh C: Homicide Unit Routing Sheet#4 Exhibit Exh D: Letter from Oakley to Colombo#5 Exhibit Exh M: Lentz Public Record Requests#6 Exhibit KK: Plaintiffs' Answers to Defendants Interrogatories)(Baker, Gail)
October 19, 2004 Filing 29 Attorney Appearance by Mary N. Hanna filed by Mary Hanna on behalf of all defendants. (Hanna, Mary) Modified on 10/25/2004 (H, D).
October 18, 2004 Filing 28 Attorney Appearance by Louis A. Colombo filed on behalf of witness Michael Tobin. (Colombo, Louis) Modified on 10/20/2004 (H, D).
October 14, 2004 Filing 27 Motion for extension of time until January 13, 2005 to Complete Discovery and Respond to Summary Judgment filed by Edward Lentz Jr.. Related document(s) #23 . (Attachments: #1 Affidavit of Edward G. Kramer (with electronic signature, to be refiled with original signature) #2 Exhibit Letter from Attorney Kevin Gibbons)(Oakley, David) Modified text/emailed counsel regarding signature on affidavit on 10/18/2004 (C, K A).
October 12, 2004 Filing 26 Motion to compel discovery filed by Edward Lentz Jr.. (Attachments: # 1 Exhibit 1 (Filed Under Seal, per 2/1/05 order, #65 ) #2 Exhibit 2 #3 Exhibit 3 #4 Exhibit 4 #5 Deposition Excerpts of Mike Toban)(Oakley, David) 2/1/2005 (C, B). Modified to remove exhibit 1 per order on 2/1/2005 (C, B).
September 27, 2004 Opinion or Order Filing 25 Marginal Order granting Motion for leave to supplement motion for summary judgment(Related Doc #24 ). Signed by Judge John M. Manos on 9/27/04.(C, B)
September 22, 2004 Filing 24 Motion for leave to Supplement Motion for Summary Judgment filed by all defendants. Related document(s) #23 . (Attachments: #1 Errata For Deposition of Michael Tobin#2 Exhibit MM: Bender v. Diemert#3 Exhibit NN: Clark v. City of Dublin#4 Exhibit OO: Fair v. Litel Communications#5 Exhibit PP: Hardiman v. University of Akron#6 Exhibit QQ: Hoover v. Timken#7 Exhibit RR: LRL Props. v. Portage Metro Housing#8 Exhibit SS: Lynch v. Medina Police Dept.)(Gibbons, Kevin)
September 16, 2004 Filing 23 Motion for summary judgment filed by all defendants. Related document(s) #19 . (Attachments: #1 Memorandum in Support #2 Exhibit A-1, Affidavit of Klimak#3 Exhibit C-1 IAD Investigative Report#4 Exhibit E-1 GPO 26-88#5 Exhibit E-2 GPO 09-00#6 Exhibit H-5 Plain Dealer Story 4-19-02#7 Exhibit K Indictment Case No. 435890#8 Exhibit L-4 Letter from Klimak#9 Exhibit M; Public Record Requests#10 Exhibit N; Affidavit of Bounds#11 Exhibit O; Affidavit of Watson#12 Exhibit P; Affidavit of Buelow#13 Exhibit Q; EEOC Complaint#14 Exhibit R-1; Waiver of Preliminary Hearing#15 Exhibit S; Affidavit of Draper#16 Exhibit X; Deposition of Tobin#17 Exhibit Y; Deposition of Lentz#18 Exhibit Z-1; Right to sue letter#19 Exhibit Z-2; Docket-Case No. 525729#20 Exhibit GG-1; Transcript-Disciplinary Hearing#21 Exhibit GG-2; Transcript-Disciplinary Hearing#22 Exhibit KK; Plaintiff's Answers to Interrogatories#23 Exhibit LL; Affidavit of Smayda)(Gibbons, Kevin) Modified on 9/21/2004 to remove duplicate wording in attachment descriptions; motion not signed. (H, D).
September 2, 2004 Opinion or Order Filing 22 Stipulated Protective Order . Signed by Judge John M. Manos on 9/2/04. (C, B)
August 30, 2004 Opinion or Order Filing 21 Trial Order, Jury Trial set for 10/12/2004 09:00 AM in Courtroom 16B before Hon. John M. Manos, trial materials due 10/4/04. Signed by Judge John M. Manos on 8/30/04. (G, Y.)
August 30, 2004 Filing 20 Notice of Hearing with Final Pretrial Conference set for 9/30/2004 10:00 AM before Hon. John M. Manos, clients must be present. (G, Y.)
August 5, 2004 Filing 19 Motion for Stipulated Protective Order filed by Edward Lentz Jr.. (Attachments: #1)(Oakley, David)
July 19, 2004 Opinion or Order Filing 18 Trial Order: Trial set for 9/20/2004 at 9:00 AM in Courtroom 16B before Judge John M. Manos; trial briefs (4 copies) to be filed with the Court on 9/13/04. Signed by Judge John M. Manos on 7/19/04. (C, B) Modified text on 7/22/2004 (P, S).
July 19, 2004 Filing 17 Notice of Hearing: Pretrial Conference set for 8/31/2004 at 10:00 AM in Chambers 16B before Judge John M. Manos. (C, B)
July 19, 2004 Opinion or Order Order (non-document)granting Motion by plaintiffs to continue trial date. New trial date is 9/20/04 with trial materials due 9/13/04 (Related Doc #15 ). Entered by Judge John M. Manos on 7/16/04.(G, Y.)
July 19, 2004 Opinion or Order Order (non-document)granting Motion by defendants for leave to file motion for summary judgment (Related Doc #10 ). Entered by Judge John M. Manos on 7/16/04.(G, Y.)
July 15, 2004 Filing 16 Minutes of proceedings. Interim Pretrial Conference held on 7/15/04 before Judge John M. Manos. Plaintiff's Motion For A Continuance Of Trial Date is GRANTED. A pretrial conference in the above-captioned matter is scheduled for Tuesday, August 31, 2004, at 10:00 am. Trial is scheduled for Monday, September 20, 2004, at 9:00 am. Trial Order to follow. (D, N)
July 13, 2004 Filing 15 Motion to continue Trial Date filed by Edward Lentz Jr.. Related document(s) #8 . (Oakley, David)
July 12, 2004 Filing 14 Proposed Voir Dire filed by all defendants. (Gibbons, Kevin)
July 12, 2004 Filing 13 Proposed Jury Instructions filed by all defendants. (Gibbons, Kevin)
July 12, 2004 Opinion or Order Filing 12 Marginal Order granting Motion of plaintiff for leave to submit thirty-five interrogatories to defendant City of Cleveland (Related Doc #11 ). Signed by Judge John M. Manos on 7/12/04.(S, DJ)
July 8, 2004 Filing 11 Motion for leave to Submit 35 Interrogatories to Defendant City of Cleveland filed by Edward Lentz Jr.. (Oakley, David)
July 7, 2004 Filing 10 Motion for leave to file Summary Judgment filed by all defendants. (Gibbons, Kevin)
June 14, 2004 Filing 9 Notice of Hearing: Pretrial Conference scheduled for 7/15/2004 at 1:00 PM, before Judge John M. Manos, in Chambers 16B. (C, B)
June 14, 2004 Opinion or Order Filing 8 Trial Order: Trial set for 7/26/2004 at 9:00 AM in Chambers 16B; trial briefs (4 copies) are to be filed on 7/19/04 Signed by Judge John M. Manos 6/14/04. (C, B)
June 10, 2004 Filing 7 Minutes of proceedings. Status Conference held on 6/9/04 before Judge John M. Manos. A pretrial conference in the above-captioned matter is scheduled for Thursday, July 15, 2004, at 1:00pm. Trial is scheduled for Monday, July 26, 2004, at 9:00 am. Parties must seek leave of Court to file any dispositive motion. (D, N)
May 5, 2004 Opinion or Order Order (non-document) granting Motion to continue (Related Doc #6 ) with status conference to be held on 6/10/2004 at 01:00 PM at Chambers 16B, clients must be present. Signed by Judge John M. Manos on 5/4/05.(G, Y.) Modified text on 5/6/2004 (H, D).
April 29, 2004 Filing 6 Motion to continue Status Conference filed by Edward Lentz Jr.. Related document(s) #5 . (Oakley, David)
April 26, 2004 Filing 5 Notice of Hearing with status conference to be held on 5/20/2004 at 01:00 PM at Chambers 16B (S, DJ)
April 19, 2004 Filing 4 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by all defendants. (Gibbons, Kevin) Modified text on 4/22/2004 (H, D).
April 8, 2004 Filing 3 Initial Order (W, Jo)
April 8, 2004 Filing 2 Random Assignment of Magistrate Judge McHargh (W, Jo)
April 8, 2004 Filing 1 Notice of Removal. Filed by City of Cleveland, Edward F. Lohn, Sanford E. Watson. Filing fee paid; receipt number 659932. (Attachments: #1 Exhibit A.#2 Civil Cover Sheet)(W, Jo)

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Search for this case: Lentz v. City of Cleveland et al
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Plaintiff: Officer Edward Lentz, Jr.
Represented By: David G. Oakley
Represented By: Edward G. Kramer
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Defendant: City of Cleveland
Represented By: Kevin J. Gibbons
Represented By: Gail D. Baker
Represented By: William M. Menzalora
Represented By: Mary N. Hanna
Represented By: Ami J. Patel
Represented By: L. Stewart Hastings, Jr.
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Defendant: Edward F. Lohn
Represented By: Kevin J. Gibbons
Represented By: Mary N. Hanna
Represented By: Ami J. Patel
Represented By: Gail D. Baker
Represented By: L. Stewart Hastings, Jr.
Represented By: William M. Menzalora
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Defendant: Sanford E. Watson
Represented By: Kevin J. Gibbons
Represented By: Ami J. Patel
Represented By: Gail D. Baker
Represented By: William M. Menzalora
Represented By: Mary N. Hanna
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Intervenor: Legal Electronic Recording, Inc.
Represented By: Douglas M. Eppler
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Interested party: Kramer & Associates L.P.A.
Represented By: Edward G. Kramer
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