Davis v. Plain Dealer Publishing Co. et al
| Mona Davis |
| Plain Dealer Publishing Co., Richard J. Medeiros, Jr., Roni Watson and Alyson Jobling |
| Bruce B. Elfvin |
| 1:2005cv01490 |
| May 25, 2005 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Ann Aldrich |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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Filing 80
Order of Case Dismissal. Mediation session was held on 4-19-07 and the parties settled the case. Case is terminated and dismissed. The court will retain jurisdiction for purpose of settlement. Parties may file subsequent pleadings in support of the settlement. Signed by Judge Ann Aldrich on 1-8-08. (K,V)
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| Filing 79 Final Mediation Report filed manually with ADR Administrator. Mediation conference held 4/19/2007 and 4/20/2007, respectively. As a result, the parties resolved their dipuste. Due the complex status of discovery and motions, it is anticipated that the final settlement documents will be submitted by 5/20/2007. The mediation process is complete. ADR Disp. Code: 26 (settled). Future ADR: not applicable (Related document(s) #78 ). (N, P) |
| Filing 78 Schedules mediation & Report of Mediator deadline with mediation conference to be held on 4/19/2007 at 09:30 AM at the offices of the Mediator, 4070 Mayfield Road, Cleveland, OH. Report of Mediator to be manually filed with the ADR Administrator no later than 4/30/2007 (Filed by Bruce B. Elfvin). (Related document(s)). (N, P) |
| Filing 77 Notice of Designation of Mediator. Mediator advised to schedule mediation conference on or before 5/2/2007. Report of Mediator to be manually filed with the ADR Administrator no later than 5/14/2007. REPORT OF MEDIATOR FORM ATTACHED TO THE NOTICE OF DESIGNATION. Mediator to schedule mediation conference and FILE ELECTRONIC NOTICE setting forth the date, time and location of the mediation conference. Mediation process to be completed by 5/14/2007. Designated Neutral: Bruce B. Elfvin (Related document(s) #76 ). (N, P) |
| Filing 76 Notice received from the first potential neutral, re: conflict. Neutral available: Yes (Related document(s) #75 ). (N, P) |
| Filing 75 Notice sent to the first potential neutral, re: conflict request Neutral Conflict Response due by 3/7/2007, (Related document(s) #74 ). (M,P) |
| Filing 74 Agreed Mediation Ranking Information Sheet Filed by Richard J. Medeiros, Jr, Roni Watson, Alyson Jobling, Mona Davis, Plain Dealer Publishing Co.(Related document(s) #73 Notice of Referral to ENE/Mediation - List of potential neutrals sent to parties, )(Lebowitz, Todd) |
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Order [non-document]denying without prejudice the motions to stay and show cause. Parties are in mediation.(Related Doc #66 )Related Doc #67 ). Judge Ann Aldrich(K,V)
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| Filing 73 List of potential neutrals sent to parties. Neutral selection due by 2/26/2007. Mediation conference on or before 5/2/2007. Report of Mediator to be manually filed with the ADR Administrator no later than 5/14/2007. Mediation process to be completed by 5/14/2007 (Related document(s) #72 ). (Attachments: #(1)-Neutral List). (N, P) |
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Filing 72
Order of Referral to ADR for mediation. Signed by Judge Ann Aldrich. ADR process to be completed by 5/2/2007 (K,V)
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Filing 71
Order [non-document]granting motion for order to suspend pending dates and motions and referring case to mediation(Related Doc #70 ). document entered in error. Document deleted. This is a non-document order. Signed by Judge Ann Aldrich(K,V) Modified on 2/5/2007 (Kirkpatrick, Victoria).
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| Filing 70 Joint Motion for To Refer Case to Mediation and To Vacate Current Calendar filed by all parties. (Attachments: #1)(Lebowitz, Todd) |
| Filing 69 Notice to take Deposition of William Calaiacovo, Alex Machaskee, Michelle Owens-Smith, and Shirley Stineman on February 6, 2007 filed by Mona Davis. (Toney, Darrin) |
| Filing 68 Reply to response to Motion to stay Enforcement of Judgment concerning sanctions and Opposition to Motion to show cause filed by Mona Davis. Related document(s) #66 , #67 . (Toney, Darrin) Modified text of docket entry on 12/29/2006 (B, B). |
| Filing 67 Motion to show cause and brief in opposition to Plaintiff's motion to stay enforcement of the judgment concerning sanctions filed by all defendants. Related document(s) #66 . (Attachments: #1 Exhibit A (November 13 letter)#2 Exhibit B (November 28 email)#3 Exhibit C (December 4 letter)#4 Exhibit D (December 8 letter))(Scholz, Karin) |
| Filing 66 Motion to stay Enforcement of Judgment filed by Mona Davis. (Toney, Darrin) |
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Order [non-document] granting joint Motion for order establishing new schedule (Related Doc #65 ). Fact discovery due by 2/15/2007; Plaintiff's expert report due 4/30/07; defendants' report due 5/30/07; expert discovery 6/29/07. Dispositive Motions due by 3/21/2007, Jury Trial reset for 8/20/2007 09:00 AM in Chambers 17B before Hon. Ann Aldrich. (K, V) Modified text on 11/13/2006 (K, V).
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| Filing 65 Joint Motion for Order to Establish New Schedule filed by all parties. (Lebowitz, Todd) |
| Filing 64 Transcript of Proceedings held on 10/20/06 before Judge Aldrich filed manually. To obtain a bound copy of this transcript please contact Court Reporter Judith A. Gage at 216-357-7238. Complete document on file, 141 pages. Related document(s) #63 . (E, P) |
| Filing 63 Non-Appeal Transcript Order Form for proceedings held on 10/20/2006 before Judge Aldrich, Court Reporter: Judith Gage. Requested completion date: 11/3/2006 filed by Todd Lebowitz on behalf of all defendants. (B, B) |
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Filing 62
Order (Related Doc #31 )(Related Doc #32 )(Related Doc #36 ). The court grants in part and denies in part the PD's motion for sanctions, denies its motion for stay as moot, and grants Davis's motion for sanctions. The court grants that PD pay for all reasonable attorneys' fees and costs incurred by Davis (1) in the filing and prosecution of her motion for sanctions and (2) in preparation for and in the conduct of the deposition of Mr. Calaiacovo. Finally, the parties are ordered to set new dates for the close of discovery, the deadline for dispositive motions, and a proposed trial date. The court orders the parties to submit a joint position statement by November 10, 2006, suggesting new discovery and dispositive motion deadlines, as well as a proposed trial date. Signed by Judge Ann Aldrich on 10-23-06.(K, V)
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| Filing 61 Exhibit/Witness List regarding the hearing on motions for sanctions held on 10/20/06. (K, V) |
| Minutes of proceedings [non-document].Show Cause Hearing held on 10-20-06 before Judge Ann Aldrich. parties heard evidence recieved on motions for sanctions. Motions taken under advisement (Court Reporter Judith Gage.) (K, V) |
| Filing 60 Affidavit/Declaration of Karin M. Scholz filed by all defendants. Related document(s) #31 . (Scholz, Karin) |
| Filing 59 Witness List filed by Mona Davis. (Toney, Darrin) |
| Filing 58 Witness List for October 20, 2006 hearing filed by all defendants. (Scholz, Karin) Modified text 10/17/2006 (C, K A). |
| Filing 57 Notice of Filing Corrected Exhibit E filed by all defendants. (Attachments: #1 Exhibit E) Related document(s) #31 . (Scholz, Karin) Modified text 10/17/2006 (C, K A). |
| Filing 56 Notice of Filing Amended Affidavit of Mark K. Davis filed by Mona Davis. (Attachments: #1 Affidavit of Mark K. Davis (Amended) (Toney, Darrin) Modified text 10/13/2006 (C, K A). |
| Filing 55 Notice of Hearing re #36 Motion to show cause and for Sanctions. Show Cause Hearing reset (TIME ONLY) scheduled: 10/20/2006 01:30 PM in Courtroom 17B, 801 W. Superior Avenue before Hon. Ann Aldrich. (K, V) Modified text 10/11/2006 (C, K A). |
| Filing 54 Second Notice of Filing Supplemental Authority filed by all defendants. (Attachments: #1 Exhibit A#2 Exhibit B)Related document(s) #31 . (Scholz, Karin) |
| Filing 53 Notice of Filing Supplemental Authority filed by all defendants. (Attachments: #1 Exhibit A)Related document(s) #31 . (Scholz, Karin) |
| Filing 52 Notice of resetting oral argument Motion Hearing reset for 10/20/2006 10:30 AM in Courtroom 17B before Hon. Ann Aldrich. (K, V) |
| Filing 51 Notice of Withdrawal of Colleen C. Curran, Individually, as Counel for Plaintiff filed by Mona Davis. (Curran, Colleen) |
| Filing 50 Notice of Filing Second Declaration of Damon Hacker filed by all defendants. (Attachments: #1 Exhibit A (Second Declaration of Damon Hacker))Related document(s) #31 . (Scholz, Karin) |
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Filing 49
MarginalOrder granting joint motion to continue hearing original set for 8/1/06. (Related Doc #48 ) Motion Hearing reset for 9/6/2006 10:30 AM in Courtroom 17B before Hon. Ann Aldrich. Signed by Judge Ann Aldrich on 7-28-06.(K, V)
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| Filing 48 Joint Motion to continue Hearing Scheduled For August 1, 2006 filed by all parties. (Lebowitz, Todd) |
| Filing 47 Notice of Hearing re #31 motion for sanctions & attorneys' fees #32 and Motion to stay litigation and for protective order pending the Court's ruling on Defendants' motion to dismiss and motion for sanctions for plaintiff's spoliation of evidence. Motion Hearing set for 8/1/2006 10:00 AM in Courtroom 17B before Hon. Ann Aldrich. Related document(s) #31 , #32 . (K, V) |
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Filing 46
Order vacating trial date of 8-28-06 due to pending motions that need ruling. Signed by Judge Ann Aldrich on 7-26-06. (K, V)
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| Filing 45 Notice of Withdrawal of Motion to Strike filed by Mona Davis. Related document(s) #43 . (Toney, Darrin) |
| Filing 44 Reply to response to Motion to strike filed by all defendants. Related document(s) #43 . (Attachments: #1 28 U.S.C. 1927)(Scholz, Karin) |
| Filing 43 Motion to strike reply in support of motion to dismiss and for sanctions filed by Mona Davis. (Toney, Darrin) Modified text 6/12/2006 (C, K A). Modified text of docket entry on 6/23/2006 (B, B). (Document withdrawn, please see Document #45) |
| Filing 42 Reply to response to Motion to dismiss case and motion for sanctions & attorneys' fees filed by all defendants. Related document(s) #31 . (Attachments: #1 Exhibit A (Davis deposition excerpts)#2 Exhibit B (Hueftle deposition excerpt)#3 Exhibit C (Nov. 9, 2005 email)#4 Exhibit D (Feb. 1, 2006 email)#5 Exhibit E (Communications Center, Inc. v. Hewitt)#6 Exhibit F (Reliance Ins. Co. v. Keybank Natl Assn)(Scholz, Karin) Modified text 6/12/2006 (C, K A). |
| Filing 41 Reply to response to Motion to show cause and for Sanctions filed by Mona Davis. Related document(s) #36 . (Attachments: #1 Appendix Unreported Cases)(Toney, Darrin) |
| Filing 40 Notice of Filing Unreported Cases filed by Mona Davis. (Attachments: #1 Appendix Unreported Cases)Related document(s) #39 . (Toney, Darrin) |
| Filing 39 Opposition to Motion to dismiss case and motion for sanctions & attorneys' fees filed by Mona Davis. Related document(s) #31 . (Attachments: #1 Exhibit 1(Davis Dep. Excerpts)#2 Exhibit 2(Mona Davis Affidavit)#3 Exhibit 3(Hueftle Dep. Excerpts)#4 Exhibit 4(Mark Davis Affidavit)#5 Exhibit 5 (3/27/06 Vestige Report)#6 Exhibit 6 (2/15/06 Vestige Report))(Toney, Darrin) |
| Filing 38 Opposition to Motion to show cause and for Sanctions filed by all defendants. Related document(s) #36 . (Scholz, Karin) |
| Filing 37 Reply to response to Motion to stay litigation and for protective order pending the Court's ruling on Defendants' motion to dismiss and motion for sanctions for plaintiff's spoliation of evidence filed by all defendants. Related document(s) #32 . (Scholz, Karin) |
| Filing 36 Motion to show cause and for Sanctions filed by Mona Davis. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5)(Toney, Darrin) |
| Filing 35 Opposition to Motion to stay litigation and for protective order pending the Court's ruling on Defendants' motion to dismiss and motion for sanctions for plaintiff's spoliation of evidence filed by Mona Davis. Related document(s) #32 . (Toney, Darrin) |
| Filing 34 Exhibits to deposition of Mona Davis filed by all defendants. Related document(s) #19 , #33 . Filed Under Seal. (C, K A) |
| Filing 33 Deposition of Mona Davis taken on 2-16-06. filed by all defendants. (Attachments: #1 Exhibit 1-8#2 Exhibit 9-23 (16 and 19 are being filed under seal)#3 Exhibit 24-33#4 Exhibit 34-39 (35 and 37 are being filed under seal)#5 Exhibit (Plaintiff's exhibits 1-3))(Scholz, Karin) |
| Filing 32 Motion to stay litigation and for protective order pending the Court's ruling on Defendants' motion to dismiss and motion for sanctions for plaintiff's spoliation of evidence filed by all defendants. (Scholz, Karin) |
| Filing 31 Motion to dismiss case and motion for sanctions & attorneys' fees filed by all defendants. (Attachments: #1 Brief in Support Of Motion To Dismiss And Motion For Sanctions & Attorneys' Fees, Based On Plaintiff's Spoliation And Destruction Of Evidence#2 Exhibit A (Cited Davis Deposition Excerpts)#3 Exhibit B (Feb. 23, 2004 Letter)#4 Exhibit C (Davis Affidavit)#5 Exhibit D (Cavanagh Declaration)#6 Exhibit E (Hacker Declaration And Attached Computer Forensic Reports)#7 Exhibit F (June 24, 2005 Letter)#8 Exhibit G (Feb. 28, 2006 Letter)#9 Exhibit H (March 6, 2006 Letter)#10 Exhibit I (March 7, 2006 Letter)#11 Exhibit J (CyberScrub web page)#12 Exhibit K (Nov. 16, 2005 Email)#13 Appendix Of Unreported Cases)(Scholz, Karin) |
| Filing 30 Subpoena Returned Executed; served upon William Calaiacovo by Leaving at Residence on 4/19/06 filed by Mona Davis (Toney, Darrin) |
| Filing 29 Notice to take Deposition of William Calaiacovo on April 25, 2006 filed by Mona Davis. (Attachments: #1 Exhibit A) (Toney, Darrin) |
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Filing 28
Memorandum and Order(Related Doc #8 ) that the motion to dismiss [Docket No. 8] is granted in part and denied in part. Davis' public policy claims based upon FMLA, ADEA, Title VII, ORC 4112.14, and ORC 4112.99 are dismissed. Davis' claim under ORC 4112.14 is also dismissed. Davis' claims under FMLA, ADEA, Title VII, and ORC 4112.99 for both age and sex discrimination remain active. The parties are reminded that the pretrial dates established in the December 27, 2005 court order are in effect, as well as, the August 28, 2006 trial date. Signed by Judge Ann Aldrich on 3-10-06.(K, V)
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| Filing 27 Subpoena Returned Executed; served upon SME Cleveland, c/o Mary Margaret Postel, executive director by hand delivery on 02/23/06 filed by Plain Dealer Publishing Co. (Scholz, Karin) |
| Filing 26 Notice to take Deposition of Mona Davis on February 16, 2006 filed by all defendants. (Lebowitz, Todd) |
| Filing 25 Notice to take Deposition of Plain Dealer Publishing Company on January 25, 2006 and January 27, 2006 filed by Mona Davis. (Toney, Darrin) |
| Filing 24 Notice to take Deposition of Roni Watson on January 27, 2006 filed by Mona Davis. (Toney, Darrin) |
| Filing 23 Notice to take Deposition of Richard Medeiros on January 25, 2006 filed by Mona Davis. (Toney, Darrin) |
| Filing 22 Notice to take Deposition of Alyson Jobling on January 25, 2006 filed by Mona Davis. (Toney, Darrin) |
| Filing 21 Notice to take Deposition of Theresa Hueftle on January 27, 2006 filed by Mona Davis. (Toney, Darrin) |
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Order (non-document) granting #20 joint motion for extension of deadlines. Fact Discovery due by 4/28/2006. Dispositive Motions due by 6/9/2006, Jury Trial reset for 8/28/2006 09:00 AM in Courtroom 17B before Hon. Ann Aldrich.Authorized by Judge Ann Aldrich(K, V)
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| Filing 20 Joint Motion to extend of fact discovery cutoff until 4/28/2006, dispositive motion deadline until 6/9/2006 and trial date until 8/28/2006 filed by all parties. (Lebowitz, Todd) Modified text of docket entry on 12/27/2005 (B, B). |
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Filing 19
Stipulation & Protective Order re: discovery only. Signed by Judge Ann Aldrich on 10/24/05. (K, V) Modified text on 11/1/2005 (L, V).
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| Filing 18 Joint Proposed Stipulation and Protective Order filed by all parties. (Scholz, Karin) Modified text on 10/28/2005 (M, L). |
| Filing 17 Notice of Service of Discovery Requests filed by Mona Davis. (Toney, Darrin) |
| Filing 16 Answer to Amended Complaint (Related Doc #13 ) filed by all defendants. (Scholz, Karin) |
| Filing 15 Reply to response to Motion to dismiss case (Partial) filed by all defendants. Related document(s) #8 . (Attachments: #(1) Case law) (Scholz, Karin) Text Modified on 8/30/2005 (A, P). |
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Order (non-document) granting #14 unopposed extension of time until 8-17-05 to file reply brief regarding the partial motion to dismiss. Authorized by Judge Ann Aldrich(K, V) Text Modified on 8/17/2005 (A, P).
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| Filing 14 Unopposed Motion for extension of reply brief until August 17, 2005 filed by all defendants. Related document(s) #12 , #8 . (Scholz, Karin) |
| Filing 13 First Amended complaint with jury demand against all defendants. Filed by Mona Davis. (Toney, Darrin) Modified on 8/5/2005 (B, T) |
| Filing 12 Opposition to Motion to dismiss case (Partial) filed by Mona Davis. Related document(s) #8 . (Attachments: #1 Kirkendall vs. Parker Hannifin Corp #2 Mercurio vs. Honeywell #3 Raub vs. Garwood #4 Ramudit vs. Fifth Third Bank #5 Harrison vs. City of Akron, et al) (Toney, Darrin) Modified on 8/5/2005 to modify descriptions (B, T) |
| Filing 11 Opposition to Motion to dismiss case (Partial) filed by Mona Davis. Related document(s) #8 . (Attachments: #1 #2 #3 #4 #5)(Toney, Darrin) Modified on 8/1/2005 (H, D). (TERMED - Incorrect document filed, attorney refiled, see Document #12) |
| Filing 10 Minutes of proceedings/Case Managment Order/Trial Order. Case Management Conference held on 7/15/05 before Judge Ann Aldrich. Discovery due by 1/20/2006. Parties to be Joined and Pleading Amendments due by 11/4/2005, Dispositive Motions due by 2/24/2006, Jury Trial set for 7/17/2006 09:00 AM in Courtroom 17B before Hon. Ann Aldrich. (K, V) |
| Filing 9 Report of Parties' Planning Meeting filed by all parties. (Scholz, Karin) |
| Filing 8 Motion to dismiss case (Partial) filed by all defendants. (Attachments: #1 Brief in Support #2 Exhibit A Charge#3 Exhibit B Right to Sue Letter#4 Exhibit C Unreported Cases)(Scholz, Karin) |
| Filing 7 Answer to Complaint (Related Doc # []) filed by all defendants. (Scholz, Karin) |
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Filing 6
Case Management Conference Scheduling Order with case management conference to be held on 7/15/2005 at 12:00 PM at Chambers 17B before Hon. Ann Aldrich.. Signed by Judge Ann Aldrich on 6-7-05. (Attachments: #1 Position Statement)(K, V)
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Order (non-document) granting #5 defendants' motion for Extension of Time to Answer until 7-1-05. Judge Ann Aldrich(K, V)
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| Filing 5 Motion for extension of time until July 1, 2005 to answer filed by all defendants. (Scholz, Karin) |
| Filing 4 Corporate Disclosure Statement filed by Plain Dealer Publishing Co.. Related document(s) #1 . (M, P) |
| Filing 3 Certificate of Compliance filed by Richard J. Medeiros, Jr, Roni Watson, Alyson Jobling, & Plain Dealer Publishing Co.. Related document(s) #1 . (M, P) |
| Filing 2 Random Assignment of Magistrate Judge Perelman (M, P) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas with jury demand Filed by Richard J. Medeiros, Jr, Roni Watson, Alyson Jobling, & Plain Dealer Publishing Co.. Filing fee paid; receipt number 670332. (Attachments: #1 Exhibit A; Complaint and Docket sheet#2 Civil Cover Sheet)(M, P) |
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