Taylor v. Cavaliers Operating Company LLC et al
Plaintiff: Kenneth Taylor
Defendant: Cavaliers Operating Company LLC, Bryant Heffernan, City of Cleveland, Cleveland Division of Police, Cleveland Police Officers, John Doe(s), Quicken Loans Arena, Michael Sims, Gary Gingell, Larry Russell, Robert Petchler, Michael Jaykma, David Eckstein, Daniel Gilbert, Cleveland Cavaliers and Tennables Protective Services Inc.
Case Number: 1:2009cv00730
Filed: March 31, 2009
Court: US District Court for the Northern District of Ohio
Office: Civil Rights: Other Office
County: Cuyahoga
Presiding Judge: Donald C. Nugent
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Civil Rights Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 11, 2009 Opinion or Order Filing 17 Memorandum Opinion and Order Adopting Report and Recommendation in its entirety re 16 Report and Recommendation. Accordingly, Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. If Plaintiff chooses to file another complaint, that complaint must be compliant with this Court's ruling of June 19, 2009 and with Rule 8(a)(2). This action is terminated. Judge Donald C. Nugent on 9/11/09. (E,P)
August 24, 2009 Opinion or Order Filing 16 Report and Recommendation that the complaint be dismissed without prejudice. Objections to R&R due by 9/7/2009. Signed by Magistrate Judge David S. Perelman on 8/24/2009. (K,K)
July 31, 2009 Opinion or Order Filing 12 Memorandum Opinion and Order - This Court will provisionally grant the plaintiffs motions 7 8 and order him to present an amended complaint which is reflective of the June 19, 2009 ruling of District Judge Nugent and which conforms with th e spirit of Rule 8(a)(2), which means that it shall outline the plaintiffs claims for relief without the hyperbole and argumentative averments of the initial complaint and without the exhibits and attachments thereto. That pleading shall be submitted under a motion for leave to file first amended complaint within twenty days hereof. If this Court finds the pleading to be in compliance with this ruling such leave will be granted, and the plaintiff will be directed to proceed to effectuate servic e upon the remaining defendants. If, on the other hand, this Court concludes that the pleading fails to conform with the legal boundaries established by Judge Nugents ruling or that it is inconsistent with Rule 8(a)(2) this Court will recommend to Judge Nugent that as a sanction leave to file that complaint be denied and the action terminated, without prejudice. IT IS SO ORDERED. Magistrate Judge David S. Perelman on 7/31/09. (G,S) Modified on 8/3/2009 (R,N).
June 19, 2009 Opinion or Order Filing 4 Memorandum Opinion and Order granting re 2 Motion to proceed in forma pauperis filed by Kenneth Taylor. His claims against the Cavaliers Operating Co., Quicken Loans Arena, Daniel Gilbert, Michael Sims, the Cleveland Cavaliers, the C leveland Police Department, Officer Russell, Officer Gingell and Tennables Protective Services, Inc. are dismissed. Plaintiff's First Amendment claim is dismissed against all defendants except the City of Cleveland, John Doe Officers, Officer Ec kstein, and Officer Heffernan. Plaintiff's Equal Protection claim is dismissed against all defendants except the City of Cleveland and the John Doe Officers. His Due Processs claim is dismissed against all defendants except the City of Cleveland . Plaintiff's Fourth Amendment cliam is dismissed agaisnt all defendants except Captain Heffernan, Officer Eckstein, and the John Doe officers. Plaintiff's claim under 42 U.S.C. section 1981 is dismissed against all defendants except City o f Cleveland and the John Doe officers. Mr. Taylor claims under 18 U.S.C. section 242, 42 U.S.C. section 1985, and Ohio Revised Code section 4112.02 are dismissed against all defendants. The court certifies, pursuant to 28 U.S.C. section 1915(a)(3), t hat an appeal from this decision could not be taken in good faith. The remaining claims shall proceed solely against the defendants set forth above. Mr. Taylor provided summonses for the City of Cleveland and Captain Heffernan. He has not provided Ma rshal Froms or summonses for Officer Eckstein or any of the John Doe defendants. The Clerk's Office is directed to forward the appropriate documents pertaining to the City of Cleveland and Captain Heffernan to the U.S. Marshal for service of pr ocess. Mr. Taylor is ordered to provide the U.S. forms and summonses for John Doe Officers and Officer Eckstine within thirty(30) days of this order. Mr. Taylor is further ordered to send a "Notice of Compliance," with an appropriate case caption for filing, with the completed forms. The Clerk's Office is directed to mail sufficient marshal forms and summonses to Mr. Wise with a copy of this order. Judge Donald C. Nugent on 6/19/09. (E,P) Modified text on 6/19/2009 (E,P).
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Search for this case: Taylor v. Cavaliers Operating Company LLC et al
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Plaintiff: Kenneth Taylor
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Defendant: Cavaliers Operating Company LLC
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Defendant: Bryant Heffernan
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Defendant: City of Cleveland
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Defendant: Cleveland Division of Police
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Defendant: Cleveland Police Officers
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Defendant: John Doe(s)
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Defendant: Quicken Loans Arena
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Defendant: Michael Sims
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Defendant: Gary Gingell
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Defendant: Larry Russell
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Defendant: Robert Petchler
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Defendant: Michael Jaykma
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Defendant: David Eckstein
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Defendant: Daniel Gilbert
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Defendant: Cleveland Cavaliers
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Defendant: Tennables Protective Services Inc.
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