United States of America v. Osborne, Sr. et al
Plaintiff: State of Ohio and United States of America
Defendant: Richard M. Osborne, Sr., Madison/Route 20, LLC, J.T.O., Inc., City of Willoughby, Ohio and Naylor Family Partnership
Respondent: Steven A. Calabrese
Cross Defendant: Susan Hedman, United States Environmental Protection Agency, Major General Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers and Midway Industrial Campus Co., Ltd.
3Rd Party Defendant: William R. Gray Associates, Inc.
Not Classified By Court: Mr. Mark E. Dottore and Mark E. Dottore
Counter Defendant: Lisa P. Jackson and Lieutenant Colonel Stephen H. Bales
Case Number: 1:2011cv01029
Filed: May 20, 2011
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Lake
Presiding Judge: Christopher A Boyko
Nature of Suit: Environmental Matters
Cause of Action: 33 U.S.C. ยง 1319 Clean Water Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2022 Opinion or Order Filing 435 Notice of Filing Evidence in Support of Summary Judgment filed by State of Ohio. (Attachments: #1 Affidavit Micacchion Declaration, #2 Exhibit Micacchion Expert Report, #3 Exhibit Madison Route 20 LLC Deposition, #4 Exhibit Richard Osborne Deposition, #5 Exhibit Deposition of Steven Calabrese, #6 Exhibit Exhibit 19 Midway Operating Agreement, #7 Exhibit Exhibit 426 Map, #8 Exhibit Exhibit 427 MAp, #9 Exhibit Exhiobit 432 Map, #10 Exhibit Exhibit 431 Map, #11 Exhibit Exhibit 93 Invoice, #12 Exhibit Exhibit 94- Payment, #13 Exhibit Exhibit 106 Check, #14 Exhibit Exhibit 109 Check, #15 Exhibit Exhibit 115 Check, #16 Exhibit Exhibit 120 Check, #17 Exhibit Exhibit 121 invoice, #18 Exhibit Exhibit 122 Invoice, #19 Exhibit Exhibit 125 Check, #20 Exhibit Exhibit 126 Check, #21 Exhibit Exhibit 139 Check)Related document(s) #434 .(Helkowski, Lawrence)
March 17, 2022 Opinion or Order Filing 434 Motion for summary judgment against Midway Industrial Campus and Madison Route 20 LLC filed by Plaintiff State of Ohio. (Helkowski, Lawrence)
February 24, 2022 Opinion or Order Filing 433 Partial Order of Dismissal. The Amended Motion (ECF DKT #427 ) of Plaintiff United States of America for Partial Dismissal pursuant to Fed.R.Civ.P. 41(a)(2) is GRANTED and its claims against Defendants Madison and Midway are dismissed. Judge Christopher A. Boyko on 2/24/22.(S,HR)
February 24, 2022 Opinion or Order Order [non-document]. Plaintiff State of Ohio's Motion (#432 ) for Leave to File for Summary Judgment against Defendants Midway Industrial Campus, Ltd and Madison /Rout 20 LLC is GRANTED. Plaintiff may file its dispositive motion with supporting evidentiary materials within 21 days. Judge Christopher A. Boyko on 2/24/22.(S,HR)
February 24, 2022 Opinion or Order Order [non-document]. Pursuant to the filing of July 30, 2021 (ECF DKT #417 ), Steven A. Calabrese is dismissed as a Party-Respondent and he shall have no responsibility to pay any portion of the Mediator's fee bill. Judge Christopher A. Boyko on 2/24/22. (S,HR)
February 15, 2022 Opinion or Order Filing 432 Motion for leave to file for Summary Judgment filed by Plaintiff State of Ohio. Related document(s) #431 . (Attachments: #1 Pleading Proposed Motion)(Helkowski, Lawrence)
February 4, 2022 Opinion or Order Order: [non-document] For reasons set forth in Order #431 Plaintiff's #429 Motion for default judgment is denied. Judge Christopher A. Boyko on 2/4/2022.(L,Ja)
February 1, 2022 Opinion or Order Filing 431 Order in re #425 Order to Show Cause, since Defendants Midway and Madison answered Plaintiff State of Ohio's Amended Complaint in this action, they are not in default. If Ohio chooses to prosecute its claims, Ohio may proceed with a motion for summary judgment. If Ohio makes that choice, Ohio shall file for leave within fourteen days of this Order. Moreover, Ohio shall serve any future filings upon all counsel of record and directly upon any parties without representation. Judge Christopher A. Boyko on 2/1/2021. (L,Ja)
January 31, 2022 Opinion or Order Order: [non-document] rendering Plaintiff United States' motion to dismiss party #421 as moot. Plaintiff has filed an amended motion at #427 . Judge Christopher A. Boyko on 1/31/2022.(L,Ja)
January 24, 2022 Opinion or Order Filing 430 Proposed Order for Default Judgment filed by State of Ohio. Related document(s) #429 . (Helkowski, Lawrence)
January 24, 2022 Opinion or Order Filing 429 Motion for default judgment filed by Plaintiff State of Ohio. Related document(s) #425 . (Helkowski, Lawrence)
January 24, 2022 Opinion or Order Filing 428 Response to Show Cause filed by State of Ohio. Related document(s) #425 .(Helkowski, Lawrence)
January 19, 2022 Opinion or Order Filing 427 Amended Motion to dismiss party filed by Plaintiff United States of America. (Dertke, Daniel)
January 12, 2022 Opinion or Order Filing 426 Order. This matter comes before the Court upon the Motions (ECF DKT #408 & ECF DKT #414 ) of Mediator Mark E. Dottore for an Order Approving Payment of Outstanding Mediator Fees. The Mediator's Motions are denied at this time-subject to re-filing. See full Order for details. Judge Christopher A. Boyko on 1/12/22. (S,HR)
January 12, 2022 Opinion or Order Copy of #426 Order mailed to Richard M. Osborne, Sr. at 7020 Williams Road, Concord, OH 44077. (S,HR)
January 11, 2022 Opinion or Order Filing 425 Show Cause Order. The Court has reviewed the docket of the above-captioned case. As the Court previously advised the parties, the Court desires to expedite a fair resolution of this matter. In a Joint Status Report (ECF DKT #401 ) dated June 1, 2020, Plaintiffs United States and the State of Ohio indicated their intention to file a renewed motion for summary judgment as to the liability of Defendants Midway Industrial Campus Co., Ltd. and Madison/Route 20 LLC. Then, following the Court's prompting, Plaintiffs filed additional status reports on August 6, 2021 and September 10, 2021. Plaintiff United States represented that it would move for dismissal of its claims against Midway and Madison under certain conditions. Plaintiff United States has filed its Motion which the Court is reviewing. However, Plaintiff Ohio suggested that it would proceed to judgment against those two Defendants and would file the appropriate motions "as soon as possible." (ECF DKT #419 ). Plaintiff Ohio has not filed anything on this case in the four months since the last status report, despite its clearly-stated intentions. Therefore, Plaintiff State of Ohio's Complaint against Defendants Midway Industrial Campus Co., Ltd. and Madison/Route 20 LLC will be dismissed for lack of prosecution on January 25, 2022, unless good cause is shown in writing on or before that date. Judge Christopher A. Boyko on 1/11/22. (S,HR)
January 11, 2022 Opinion or Order Filing 424 Order of Dismissal. On July 23, 2021, the Court issued an Order (ECF DKT #415 ) acknowledging the death of Defendant Richard M. Osborne, Sr. in June of 2021. Pursuant to Fed.R.Civ.P. 25, the Court ordered that if substitution of decedent's estate was not accomplished by October 25, 2021, claims by or against the decedent would be dismissed. A review of the docket shows that no substitution has been made by any party or by decedent's successor or representative as of this date. Therefore, by operation of the Rule, all claims or actions on behalf of, or against Defendant Richard M. Osborne, Sr. are dismissed. Judge Christopher A. Boyko on 1/11/22. (S,HR)
January 11, 2022 Opinion or Order Copy of #424 Order of Dismissal and #425 Show Cause Order mailed to Richard M. Osborne, Sr. at 7020 Williams Road, Concord, OH 44077. (S,HR) Modified on 1/11/2022 (S,HR).
October 8, 2021 Opinion or Order Filing 423 Order. This matter comes before the Court upon the Motion (ECF DKT #420 ) of Plaintiffs the United States of America and the State of Ohio, and Defendant JTO Inc. The moving parties seek to terminate the Partial Consent Decree (ECF DKT #405 ) as to only JTO. Upon consideration of the Motion and supporting documentation, the Motion is granted. However, pursuant to Paragraph 8 of the Partial Consent Decree, JTO Inc. continues to be enjoined from discharging any pollutant into waters of the United States on the Site unless such discharge complies with applicable laws and regulations. Judge Christopher A. Boyko on 10/8/21.(S,HR) Order amended to add Judge's signature and added as Attachment #1. NEF regenerated. (S,HR).
October 8, 2021 Opinion or Order Filing 422 Proposed Order Granting Joint Motion to Terminate Partial Consent Decree as to Defendant JTO Inc. filed by United States of America. Related document(s) #420 . (Dertke, Daniel)
October 8, 2021 Opinion or Order Filing 421 Motion to dismiss party Defendants Madison/Route 20 LLC, Midway Industrial Campus Co., LLC, and Richard M. Osborne, Sr., filed by Plaintiff United States of America. (Dertke, Daniel)
October 8, 2021 Opinion or Order Filing 420 Joint Motion To Terminate Partial Consent Decree as to Defendant JTO Inc. filed by Plaintiff United States of America. (Attachments: #1 Exhibit A: final payment letter)(Dertke, Daniel)
September 10, 2021 Opinion or Order Filing 419 Status Report on behalf of Plaintiffs filed by United States of America. (Dertke, Daniel)
August 6, 2021 Opinion or Order Filing 418 Joint Status Report filed by United States of America. (Dertke, Daniel)
July 30, 2021 Opinion or Order Filing 417 Response to #414 Motion for an Order Approving the Payment of Remaining Outstanding Mediator Fees filed by Steven A. Calabrese. (Attachments: #1 Exhibit 1 - 4/28/2016 Motion to Withdraw as Counsel, #2 Exhibit 2 - 4/28/2016 Order)(Clark, Ethan)
July 30, 2021 Opinion or Order Filing 416 Response to #414 Motion for an Order Approving the Payment of Remaining Outstanding Mediator Fees filed by Naylor Family Partnership. (Turnbull, Tracey)
July 26, 2021 Opinion or Order Copy of #415 Amended Order mailed to Richard M. Osborne, Sr. at 7020 Williams Road, Concord, OH 44077. (S,HR)
July 23, 2021 Opinion or Order Filing 415 Amended Order. The Court's Order #413 of July 21, 2021 is amended at Parts II and III as follows: (I) In addition, the Court has learned that Defendant Richard M. Osborne, Sr. died in June, 2021. Counsel for the deceased Defendant and his related entity, Madison/Route 20 LLC was allowed to withdraw as of May 1, 2020. Defendant was ordered to advise of new counsel by June 1, 2020. No appearance by new counsel has been made. In view of this situation, any party or decedent's successor or representative shall move to substitute the estate by October 25, 2021, pursuant to Fed.R.Civ.P. 25 or any action by or against Defendant Richard M. Osborne, Sr. will be dismissed. Furthermore, Plaintiffs shall advise how they intend to proceed as against Defendant Madison/Route 20 LLC; (III) The Court wants to expedite a resolution of this matter. Therefore, all parties shall meet and confer regarding the status of the captioned case and shall submit a joint status report no later than August 6, 2021. Judge Christopher A. Boyko on 7/23/21. (S,HR)
July 21, 2021 Opinion or Order Filing 414 Motion for an Order Approving the Payment of Remaining Outstanding Mediator Fees filed by Mediator Mark E. Dottore. (Attachments: #1 Exhibit A - Dottore Companies Fees)(Whitmer, Mary)
July 21, 2021 Opinion or Order Filing 413 Order. This matter is set for a Telephone Status Conference/Hearing on July 22, 2021 at 2:30 p.m. For the following reasons and in light of the following orders, the Conference is CANCELLED. On April 6, 2021, the Mediator filed a Motion (ECF DKT #408 ) for an Order Requiring Payment of Fees. Since that date, some parties have responded to the Motion. Upon consideration of those responses, the Court ordered the Mediator to submit an updated invoice, indicating what remittances have been made, how much remains due and by whom. The Court set the July 22, 2021 telephonic hearing to consider the validity of the Mediator's claimed fees. However, the revised invoice has not been filed. As a result, the Court is not sufficiently prepared to go forward with the fee issue. Therefore, the Mediator shall file the required updated invoice and explanatory brief no later than Friday, July 23, 2021. Any additional responses or objections shall be filed by Friday, July 30, 2021. Plaintiffs United States of America and State of Ohio shall move to substitute the estate of Richard M. Osborne by October 21, 2021, pursuant to Fed.R.Civ.P. 25 or the action against Defendant Osborne will be dismissed. Plaintiffs shall advise how they intend to proceed as against Defendant Madison/Route 20 LLC. All parties shall meet and confer regarding the status of the captioned case. The parties shall submit a joint status report no later than August 20, 2021. See Order for details . Judge Christopher A. Boyko on 7/21/21. (S,HR)
July 13, 2021 Opinion or Order Filing 412 Joint Status Report on Compliance with Partial Consent Decree filed by United States of America. (Dertke, Daniel)
June 28, 2021 Opinion or Order Order [non-document] granting Plaintiff's #411 Motion to continue July 8th Status Conference. The Telephonic Status Conference/Mediator Fee Hearing is continued to July 22, 2021 at 2:30 p.m. The Mediator's updated invoice and report remains due by July 1, 2021. Judge Christopher A. Boyko on 6/28/21. (S,HR)
June 24, 2021 Opinion or Order Filing 411 Motion to continue July 8 status conference and hearing filed by Plaintiff United States of America. (Dertke, Daniel)
June 16, 2021 Opinion or Order Order [non-document]. On or before July 1, 2021, the Mediator shall file and serve an updated invoice - accounting for what fees have been paid, what amount remains outstanding and a breakdown of the pro rata share owed by each party to the case. A Telephone Status Conference and hearing on the Motion for Payment of Mediator Fees is set for July 8, 2021 at 2:00 p.m. The court will provide conference call information prior to the Status Conference on July 8. Judge Christopher A. Boyko on 6/16/21. (S,HR)
April 20, 2021 Opinion or Order Filing 410 Response to #408 Motion for an Order Requiring Payment of Fees filed by Naylor Family Partnership. (Turnbull, Tracey)
April 19, 2021 Opinion or Order Filing 409 Response to #408 Motion for an Order Requiring Payment of Fees filed by United States of America. (Attachments: #1 Exhibit 1, Apr. 3, 2018 email, #2 Exhibit 2, Aug. 13, 2020 email, #3 Exhibit 3, Apr. 6, 2021 invoice)(Dertke, Daniel)
April 6, 2021 Opinion or Order Filing 408 Motion for an Order Requiring Payment of Fees filed by Mediator Mark E. Dottore. (Attachments: #1 Exhibit A - Dottore Companies Fees)(Whitmer, Mary)
April 6, 2021 Opinion or Order Filing 407 Attorney Appearance and Request for Notices and Service Papers by Mary K. Whitmer filed by on behalf of Mark E. Dottore. (Whitmer, Mary)
February 26, 2021 Opinion or Order Order [non-document] granting #406 Motion by Baker & Hostetler LLP to withdraw as attorney for City of Willoughby, Ohio. Judge Christopher A. Boyko on 2/26/21.(S,HR)
February 25, 2021 Opinion or Order Filing 406 Motion by Baker & Hostetler LLP to withdraw as attorney for City of Willoughby, Ohio filed by Cross Defendant City of Willoughby, Ohio, Defendant City of Willoughby, Ohio, 3rd Party Plaintiff City of Willoughby, Ohio, Cross-Claimant City of Willoughby, Ohio. (Booher, Martin)
January 13, 2021 Opinion or Order Filing 405 Partial Consent Decree re #403 . Judge Christopher A. Boyko on 1/13/2021. (D, I)
September 21, 2020 Opinion or Order Filing 404 Address Change Notice filed by Richard M. Osborne, Sr. (Attachments: #1 Envelope)(S,AN)
August 27, 2020 Opinion or Order Filing 403 Motion to Enter Partial Consent Decree filed by State of Ohio, United States of America. Related document(s) #402 . (Attachments: #1 Brief in Support)(Dertke, Daniel)
July 13, 2020 Opinion or Order Filing 402 Proposed Partial Consent Decree and Notice of Lodging filed by All Plaintiffs. (Attachments: #1 Exhibit proposed Partial Consent Decree)(Dertke, Daniel)
June 1, 2020 Opinion or Order Filing 401 Joint Status Report filed by United States of America. (Dertke, Daniel)
May 1, 2020 Opinion or Order Filing 400 Order granting Motion of Amy A. Wuliger, Megan Spagnolo Lai and Brenden P Kelley of Wuliger & Wuliger, LLC for Leave to Withdraw as Counsel (Related Doc #397 ). Moving counsel are reminded that they remain obligated to participate in the joint status report ordered by the Court to be filed no later than June 1, 2020. (ECF DKT #399 ). No later than June 1, 2020, Defendant Richard M. Osborne shall advise the Court of new counsel for himself and for his related entities; or if he, as an individual, intends to proceed pro se. Judge Christopher A. Boyko on 4/29/2020.(D, I)
April 23, 2020 Opinion or Order Filing 399 Order: The Court orders a joint status report to be filed by June 1, 2020. The status report shall be prepared with the participation of all parties, including Mediator Mark E. Dottore and counsel for Richard M. Osborne and his related entities, and shall provide detailed information on all resolved claims and all claims which are believed to require Court action. Judge Christopher A. Boyko on 4/23/2020. (D, I)
April 23, 2020 Opinion or Order Filing 398 Order: The Court orders moving counsel to fax to Chambers (216-357-7156) the details in support of the request to withdraw on or before April 29, 2020 at 12:00 noon. Judge Christopher A. Boyko on 4/23/2020. (D, I)
April 20, 2020 Opinion or Order Filing 397 Motion for Leave to withdraw as Counsel for Defendants Richard M. Osborne, Sr. and Madison/Route 20, LLC. filed . (Attachments: #1 Exhibit A - Consent to Withdrawal)(Wuliger, Amy)
March 24, 2020 Opinion or Order Filing 396 Order In light of General Orders 2020-5 and 2020-5-1, the Court cancels all in-person and telephone Case Management and Status Conferences through May 1, 2020. In lieu of the CMCs and Status Conferences, the parties shall file enhanced Rule 26 Reports or Joint Status Reports as described herein. All existing deadlines on civil proceedings for discovery, amendments, mediations, special master duties and dispositive motions are extended sixty days.Judge Christopher A. Boyko on 3/24/2020. (H,SN)
February 25, 2020 Opinion or Order Filing 395 Transcript of Hearing held on January 28, 2020 before Magistrate Judge William H. Baughman. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216-357-7106. [19 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/3/2020. Redaction Request due 3/17/2020. Redacted Transcript Deadline set for 3/27/2020. Release of Transcript Restriction set for 5/26/2020. (P,Sh)
February 3, 2020 Opinion or Order LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 29, 2020 Opinion or Order As of January 6, 2020 Judge Christopher Boyko has taken Senior Status. Effective February 3, 2020, Judge Boyko is moving his chambers to the Howard Metzenbaum Courthouse located at 201 Superior Avenue, Cleveland, Ohio 44114. His office will be located in the East Chambers Rm 328. The Court will maintain courtroom facilities at Courtroom 15B of the Carl B. Stokes Courthouse so please consult the docket for the location of any upcoming proceedings. The phone number will remain 216 357-7151 so any telephonic conferences will not be affected by the change in location. (SL) (ADI)
January 28, 2020 Opinion or Order Filing 394 Minutes of proceedings before Magistrate Judge William H. Baughman, Jr. Mediation Conference conducted. With the assistance of court appointed mediator, Mark Dorrore, the parties have reached agreements on the paths to resolution of certain claims and have identified claims that must be resolved by judgment of the court. Mr. Dottore and counsel recited for the record the current status of all outstanding claims. Mr. Dottore will prepare a comprehensive written status report in all claims and file that report with the court on or before February 27, 2020. The referral for oversight of mediation is terminated. (Court Reporter: S. Perkins.) Time: 2 hours. (D,Ky)
January 10, 2020 Opinion or Order IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
December 2, 2019 Opinion or Order Order [non-document] rescheduling mediation for 1/28/2020 at 09:00 AM in Courtroom 10A before Magistrate Judge William H. Baughman Jr. (NOTE: This is a change in time only). Magistrate Judge William H. Baughman, Jr., on 12/2/19. (D,Ky)
December 2, 2019 Opinion or Order Copy of 12/2/19 non-document order mailed to Midway Industrial Campus Co., Ltd., c/o Melvyn E. Resnik, 60 South Park Place, Painesville, OH 44077 on 12/2/19. (D,Ky)
November 25, 2019 Opinion or Order Order [non-document] scheduling final mediation conference on 1/28/2020 at 11:00 AM in Courtroom 10A before Magistrate Judge William H. Baughman Jr. All lead counsel and parties must attend. Magistrate Judge William H. Baughman, Jr., on 11/25/19. (D,Ky)
August 13, 2019 Opinion or Order Filing 393 SEALED Transcript of Mediation Proceedings held on 7/15/2019 before Judge MJ William H. Baughman, Jr. Court Reporter: Donnalee Cotone. [26 pages] Related document(s) #388 . (C,Do)
August 13, 2019 Opinion or Order Filing 392 FILING ERROR. Transcript of Mediation held on 7/15/2019 before Judge MJ William H. Baughman, Jr.. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at 216-357-7078 or e-mail donnalee_cotone@ohnd.uscourts.gov. [26 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/20/2019. Redaction Request due 9/3/2019. Redacted Transcript Deadline set for 9/13/2019. Release of Transcript Restriction set for 11/12/2019. Related document(s) #388 . (C,Do) THIS TRANSCRIPT WILL NOT BE RELEASED. Modified on 8/13/2019 (K,J).
July 31, 2019 Opinion or Order Filing 391 Defendant Richard M. Osborne's Response to Order to Show Cause filed by Richard M. Osborne, Sr.. (Attachments: #1Ex. A - Affidavit of Brenden P. Kelley)Related document(s) #390 .(Wuliger, Amy)
July 30, 2019 Opinion or Order Filing 390 Order to Show Cause. Defendant Richard M. Osborne, Sr. shall show cause in writing, on or before 12:00 noon on Wednesday, July 31, 2019, why sanctions should not be imposed for leaving the conference without consent and failing to personally participate in the settlement efforts on July 15, 2019. Defendant's Motion to Dismiss Crossclaims (Doc. #386 ) is denied. Judge Christopher A. Boyko on 7/30/2019. (D, I)
July 23, 2019 Opinion or Order Filing 389 Opposition to #386 Motion to dismiss Crossclaims against City of Willoughby filed by Richard M. Osborne, Sr.. (Wuliger, Amy)
July 16, 2019 Opinion or Order Filing 388 Non-Appeal Transcript Order Form for proceedings held on 7/15/2019 before Judge William H. Baughman, Court Reporter: Donnalee Contone. Requested completion date: 8/15/2019 filed by Mark E. Dottore. (Dottore, Mark)
July 15, 2019 Opinion or Order Filing 387 Minute Order Settlement conference conducted with lead counsel, party representatives with settlement authority and the court-appointed mediator, Mark Dottore. Negotiations continued. Agreement in principle reached on several issues, which plaintiffs will reduce into draft of a partial consent decree and circulate to all counsel. The parties are granted leave to participate in further negotiations under the auspices of Mediator Mark Dottore until August 15, 2019. On or before August 26, 2019 Mediator Mark Dottore must submit to the court by email ( Baughman_Chambers@ohnd.uscourts.gov ) a report on negotiations, including recommendations for additional proceedings for concluding this case. The transcript of the portion of the conference conducted in the court on the record will be prepared and filed under seal. Signed by Magistrate Judge William H. Baughman, Jr., on 7/15/19. Time: 4 hours 30 minutes (Court Reporter: D. Cotone)(D,Ky)
July 15, 2019 Opinion or Order Filing 386 Motion to dismiss Crossclaims of Defendant Richard M. Osborne, Sr. filed by Defendant City of Willoughby, Ohio. (Lucas, Michael)
July 12, 2019 Opinion or Order Filing 385 Attorney Appearance by Michael C. Lucas filed by on behalf of City of Willoughby, Ohio. (Lucas, Michael)
July 10, 2019 Opinion or Order Filing 384 Order The Naylor Family Partnership, it's lead counsel, and it's representative with full settlement authority is hereby ordered to attend the July 15, 2019 settlement conference. The non-document order excusing such attendance is vacated. (Related Docs. #380 , #381 ). Signed by Magistrate Judge William H. Baughman, Jr., on 7/10/19. (D,Ky)
July 9, 2019 Opinion or Order Filing 383 Attorney Appearance Brenden P. Kelley by William T. Wuliger filed by on behalf of Madison/Route 20, LLC, Richard M. Osborne, Sr.. (Wuliger, William)
July 9, 2019 Opinion or Order Order [non-document] granting Attorney Amy Wuliger's #382 motion to excuse appearance at settlement conference. Attorney Brenden P. Kelley shall enter his appearance on the docket prior to the conference and attend in place of Attorney Wuliger. Magistrate Judge William H. Baughman, Jr., on 7/9/19.(D,Ky)
July 8, 2019 Opinion or Order Filing 382 Motion to excuse appearance of Attorney Amy A. Wuliger at Settlement Conference filed by Madison/Route 20, LLC, Richard M. Osborne, Sr.. (Wuliger, Amy)
June 21, 2019 Opinion or Order Order [non-document] granting Defendant Naylor Family Partnership's Motion to excuse appearance at July 15, 2019 Settlement Conference (Related Doc #381 ). Approved by Judge Christopher A. Boyko on 6/21/2019.(W,CM)
June 20, 2019 Opinion or Order Filing 381 Motion to excuse appearance at July 15, 2019 Settlement Conference filed by Defendant Naylor Family Partnership. (Turnbull, Tracey)
June 17, 2019 Opinion or Order Filing 380 Minute Order Settlement conference conducted with lead counsel, party representatives with settlement authority and the court-appointed mediator, Mark Dottore. Substantial progress toward a settlement has been made. Several issues remain to be worked through. The Court will hold another settlement conference with lead counsel and party representatives with full settlement authority on July 15, 2019 at 9:00am in courtroom 10A. Mediator Dottore will consult with counsel and the parties in the interim to advance finalization of the settlement. Signed by Magistrate Judge William H. Baughman, Jr., on 6/17/19. (D,Ky)
June 7, 2019 Opinion or Order Filing 379 Notice of Participation by Telephone in June 17, 2019 Settlement Conference filed by Midway Industrial Campus Co., Ltd.. Related document(s) #376 .(Cascarilla, Ralph)
June 6, 2019 Opinion or Order Filing 378 Motion to excuse From Attending June 17, 2019 Settlement Conference filed by Defendant Naylor Family Partnership. (Turnbull, Tracey)
June 6, 2019 Opinion or Order Filing 377 Attorney Appearance by Wendlene M. Lavey filed by on behalf of J.T.O., Inc.. (Lavey, Wendlene)
June 6, 2019 Opinion or Order Order [non-document]granting defendant Naylor Family Partnership's Motion to be excluded from attending the June 17, 2019 settlement conference. (Related Doc #378 ). Magistrate Judge William H. Baughman, Jr., on 6/6/19.(D,Ky)
June 5, 2019 Opinion or Order Filing 376 Order denying defendant Midway Industrial Campus Co., Ltd.'s. #375 motion to continue. Midway Industrial Campus Co., Ltd.'s. authorized representative may participate by telephone, provided that counsel files a notice, on or before June 13, 2019. Signed by Magistrate Judge William H. Baughman, Jr., on 6/5/19.(D,Ky)
May 31, 2019 Opinion or Order Filing 375 Motion to continue Settlement Conference filed by Defendant Midway Industrial Campus Co., Ltd.. Related document(s) #370 . (Cascarilla, Ralph)
May 31, 2019 Opinion or Order Filing 374 Notice of Limited Appearance by Ralph E. Cascarilla filed by on behalf of Midway Industrial Campus Co., Ltd.. (Cascarilla, Ralph)
May 28, 2019 Opinion or Order Filing 373 Motion to excuse appearance at June 17, 2019 Settlement Conference filed by 3rd Pty Defendant William R. Gray Associates, Inc.. (Haymond, Daniel)
May 28, 2019 Opinion or Order Order [non-document] granting third party defendant William R. Gray Associates, Inc. Motion to excuse appearance (Related Doc #373 ). Magistrate Judge William H. Baughman, Jr., on 5/28/19.(D,Ky)
May 24, 2019 Opinion or Order Filing 372 Status Report Regarding the City of Willoughby's Settlement Position filed by Mark E. Dottore. (Dottore, Mark)
May 23, 2019 Opinion or Order Filing 371 Motion to excuse Attendance at June 17, 2019 Conference filed by Defendant J.T.O., Inc.. Related document(s) #370 . (DeGulis, Gregory)
May 23, 2019 Opinion or Order Filing 370 Order that all lead counsel and party representatives with full settlement authority to attend a settlement conference on June 17, 2019, beginning at 9:00 a.m., in Courtroom 10A. Any party that has agreed to a settlement of all claims and is prepared to sign, or has signed, the settlement agreement may move to be excused from attending the conference. Such motion must be filed on or before June 12, 2019 and contain a certification from Mediator Dottore that all claims relating to that party have been settled. Signed by Magistrate Judge William H. Baughman, Jr., on 5/23/19. (Related docs. #368 , #369 )(D,Ky)
May 23, 2019 Opinion or Order Copy of #370 Order mailed to Midway Industrial Campus Co., Ltd., c/o Melvyn E. Resnik, 60 South Park Place, Painesville, OH 44077 on 5/23/19. Related document(s) #370 . (D,Ky)
May 23, 2019 Opinion or Order Order [non-document] granting defendant JTO, Inc's motion to excuse appearance of Gregory DeGulis at the 6/17/19 settlement conference with condition that another attorney from McMahon DeGulis LLP file an appearance on the docket and attend the settlement conference on Gregory DeGulis's behalf. (Related Doc #371 ) Magistrate Judge William H. Baughman, Jr., on 5/23/19.(D,Ky)
May 22, 2019 Opinion or Order Filing 369 Order. Pursuant to Magistrate Judge Baughman's Order (ECF DKT #368) of 4/4/2019, the Receiver, with the input of the parties, shall file a status report informing the Court why all the remaining claims have not been resolved and providing recommendations going forward. The status report shall be filed no later than 5/29/2019. Judge Christopher A. Boyko on 5/22/2019. (H,CM)
April 4, 2019 Opinion or Order Filing 368 Order that negotiations continue under the auspices of Mr. Dottore with the objective of achieving a final settlement of all outstanding claims, counterclaims, and cross-claims by May 7, 2019. By that date, Mr. Dottore must file a comprehensive report on the status of settlement. Signed by Magistrate Judge William H. Baughman, Jr., on 4/4/19. (D,Ky)
April 4, 2019 Opinion or Order Copy of #367 Status Conference, #368 Order, mailed to Midway Industrial Campus Co., Ltd., c/o Melvyn E. Resnik, 60 South Park Place, Painesville, OH 44077 on 4/4/19. Related document(s) #367 , #368 . (D,Ky)
April 2, 2019 Opinion or Order Filing 367 Minutes of proceedings before Magistrate Judge William H. Baughman, Jr. Status conference conducted. Negotiations to finalize a settlement of allclaims to go forward under the auspices of court-appointed mediator Mark Dottore. A separate order as to a report on the status of the settlement to be filed by April 30, 2010 will issue. (Court Reporter: Sarah Nageotte.)Time: 2 hours. (D,Ky)
March 25, 2019 Opinion or Order Filing 366 Motion to excuse attendance at April 2, 2019 status conference filed by Defendant Naylor Family Partnership. Related document(s) #364 . (Turnbull, Tracey)
March 25, 2019 Opinion or Order Order [non-document] granting Defendant Naylor Family Partnetship's Motion to be excused from attending April 2, 2019 Status Conference (Related Doc #366 ). Magistrate Judge William H. Baughman, Jr., on 3/25/2019.(P,WL)
March 22, 2019 Opinion or Order Order [non-document]granting third party defendant William R. Gray's Motion to excuse appearance (Related Doc #365 ). Magistrate Judge William H. Baughman, Jr., on 3/22/19.(D,Ky)
March 21, 2019 Opinion or Order Filing 365 Motion to excuse appearance From Attending April 2, 2019 Status Conference filed by 3rd Pty Defendant William R. Gray Associates, Inc.. Related document(s) #364 . (Haymond, Daniel)
March 21, 2019 Opinion or Order Filing 364 Order Status Conference set for 4/2/2019 at 11:00 AM in Courtroom 10A before Magistrate Judge William H. Baughman Jr. Signed by Magistrate Judge William H. Baughman, Jr., on 3/21/19. (D,Ky)
January 9, 2019 Opinion or Order Order (non-document) staying case during the government shut down. The stay remains in effect until such time as appropriations funding the federal government are made available. See #General Order 2019-1 for details. Judge Patricia A. Gaughan on 01/09/2019. (M,TL)
January 9, 2019 Opinion or Order Copy of Notice of Electronic Filing of General Order 2019-1 mailed to Midway Industrial Campus Co., Ltd. c/o Melvyn E. Resnik, 60 South Park Place, Painesville, OH 44077 on 01/09/2019. (M,TL)
January 2, 2019 Opinion or Order Order [non-document] denying as moot defendant's motion to excuse appearance (Related Doc #362 ). Magistrate Judge William H. Baughman, Jr., on 1/2/19.(D,Ky)
December 28, 2018 Opinion or Order Filing 363 Order. Consistent with the Court's General Order No. 2018-15, entered in response to the lapse of congressional appropriations funding the federal government, including the Department of Justice, the status conference scheduled in this case for January 4, 2019 is hereby postponed. After appropriations restore funding, the status conference will be rescheduled by separate order. It is so ordered. Magistrate Judge William H. Baughman, Jr., on 12/28/18. (D,Ky)
December 26, 2018 Opinion or Order Order (non-document) staying case for a period of 14 days due to the lapse of congressional appropriations funding the federal government. See #General Order 2018-15 for details. Judge Patricia A. Gaughan on 12/26/2018. (L,Ja)
December 21, 2018 Opinion or Order Filing 362 Motion to excuse appearance from January 4, 2019 Status Conference filed by 3rd Pty Defendant William R. Gray Associates, Inc.. (Haymond, Daniel)
December 19, 2018 Opinion or Order Filing 361 Order. The mediation set for January 4, 2019 at 11:00 a.m. is hereby converted to a status conference to be held in courtroom 10A. Lead counsel must attend, and party representatives with full settlement authority must be available to participate by telephone. The court-appointed mediator, Mark Dottore, will attend and participate. It is so ordered. Magistrate Judge William H. Baughman, Jr., on 12/19/18. (Related doc. #354 )(D,Ky)
December 19, 2018 Opinion or Order Filing 360 Order granting Defendant/Third Party Plaintiff City of Willoughby's Motion to dismiss Third Party Complaint against William R. Gray Associates with prejudice (Related doc #359 ), each party to bear its own costs. Judge Christopher A. Boyko on 12/19/2018. (H,CM)
December 17, 2018 Opinion or Order Filing 359 Motion to Dismiss Third-Party Complaint Against William R. Gray Associates, Inc. filed by Defendant City of Willoughby, Ohio, 3rd Party Plaintiff City of Willoughby, Ohio. Related document(s) #34 . (Attachments: #1 Proposed Order)(Mitchell, Wade)
December 12, 2018 Opinion or Order Filing 358 Minutes of proceedings before Magistrate Judge William H. Baughman, Jr. Telephonic Status Conference conducted. Settlement discussions through the court appointed mediator, Mark Dottore, are ongoing. With consent of counsel, the Magistrate Judge will contact Mr. Dottore to discuss the status of negotiations. Based on that discussion, further order will issue as appropriate. Time: 20 minutes. (D,Ky)
December 6, 2018 Opinion or Order Order [non-document] Telephonic Status Conference set for 12/12/2018 at 11:00 AM before Magistrate Judge William H. Baughman Jr. Counsel are to contact chambers at (216)357-7220 prior to the status conference to obtain the call-in information. Magistrate Judge William H. Baughman, Jr., on 10/6/18. (D,Ky)
November 20, 2018 Opinion or Order Filing 357 Order granting defendant City of Willoughby's motion to excuse insurer. (Related Doc #356 ). Signed by Magistrate Judge William H. Baughman, Jr., on 11/20/18.(D,Ky)
November 19, 2018 Opinion or Order Filing 356 Motion to excuse Defendant City of Willoughby, Ohio, to Excuse the City's Insurer From Attending Mediation on Jan. 4, 2019 filed by Defendant City of Willoughby, Ohio. (Attachments: #1 Proposed Order)(Mitchell, Wade)
November 2, 2018 Opinion or Order Filing 355 Notice of Withdrawal of Counsel filed by Stephen H. Bales, Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Susan Hedman(in her official capacity as Administrator, Region 5, United States Environmental Protection Agency), Lisa P. Jackson, Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America. (Dona, Amy)
October 22, 2018 Opinion or Order Filing 354 Order Mediation conference to be held on January 4, 2019 at 11:00 AM in Courtroom 10A before Magistrate Judge William H. Baughman Jr. Confidential mediation statements must be delivered to chambers no later than December 28, 2018. Signed by Magistrate Judge William H. Baughman, Jr., on 10/22/18.(D,Ky)
October 18, 2018 Opinion or Order Filing 353 Order referring case to Magistrate Judge William H. Baughman, Jr. to conduct Mediation as soon as schedule will allow. Judge Christopher A. Boyko on 10/18/2018. (H,CM)
October 5, 2018 Opinion or Order Filing 352 Joint Status Report filed by United States of America. Related document(s) #351 .(Dertke, Daniel)
October 3, 2018 Opinion or Order Filing 351 Order. The parties shall file a joint report of the status of settlement efforts by 12:00 noon on 10/5/2018. Judge Christopher A. Boyko on 10/3/2018. (H,CM)
July 11, 2018 Opinion or Order Filing 350 Notice of Withdrawal of Counsel filed by J.T.O., Inc.. (Salimbene, Andrea)
June 6, 2018 Opinion or Order Filing 349 Attorney Appearance by Lee A. Slone filed by on behalf of State of Ohio. (Slone, Lee)
May 22, 2018 Opinion or Order Order [non-document] denying Joint Motion (Related Doc #348 ). Expert Discovery to commence 6/22/2018. Parties shall continue settlement discussions and propose a trial date in February 2019. Judge Christopher A. Boyko on 5/22/2018.(H,CM)
May 18, 2018 Opinion or Order Filing 348 Joint Motion pursuant to May 10, 2018, Order, filed by Plaintiff United States of America. Related document(s) #347 . (Dertke, Daniel)
May 10, 2018 Opinion or Order Filing 347 Order. With regard to the request to hold current litigation deadlines in abeyance (Related doc #346 ), the parties shall file a joint motion by 5/18/2018. The parties shall outline what expert discovery remains and shall propose a timeline for completion and dates for trial in the first quarter of 2019. Judge Christopher A. Boyko on 5/10/2018. (H,CM)
May 4, 2018 Opinion or Order Filing 346 Joint Status Report filed by United States of America. (Dertke, Daniel)
March 28, 2018 Opinion or Order Filing 345 Order. Private Mediation Conference reset for 4/26/2018 at 9:30 a.m. Specific details will be worked out with the Mediator. The parties shall submit a joint status report by 5/4/2018. Judge Christopher A. Boyko on 3/28/2018. (H,CM)
March 20, 2018 Opinion or Order Filing 344 Order. Mediation Conference set for 3/21/2018 is continued. The parties shall confer with the Mediator, Mark Dottore, consult their calendars for the availability of clients and counsel and submit a joint proposed date for the re-scheduled Mediation Conference by 3/27/2018. Judge Christopher A. Boyko on 3/20/2018. (H,CM)
March 8, 2018 Opinion or Order Order [non-document]. Joint Motion for settlement discussions (Related Doc #343 ) is granted. Court appoints Mark Dottore as Mediator to conduct settlement on 3/21/2018 at 9:30 a.m. Parties to share cost for Mediation. Judge Christopher A. Boyko on 3/8/2018.(H,CM)
March 7, 2018 Opinion or Order Filing 343 Joint Motion (Proposal) for Settlement Discussions filed by Plaintiff United States of America. Related document(s) #342 . (Dertke, Daniel)
March 1, 2018 Opinion or Order Filing 342 Minute Order of Telephone Conference held on 3/1/2018 Time: 15 minutes. Judge Christopher A. Boyko on 3/1/2018. (R,D)
February 26, 2018 Opinion or Order Filing 341 Response to Notice of Bankruptcy filed by United States of America. Related document #338 .(Dona, Amy)
February 22, 2018 Opinion or Order Filing 340 Proposed Stipulation regarding bifurcated expert discovery filed by United States of America. (Dona, Amy)
January 22, 2018 Opinion or Order Filing 339 Unopposed Motion for extension of Expert Discovery; expert reports until Feb. 23, 2018; expert depositions between Apr. 2 - June 22, 2018 filed by Plaintiff United States of America. (Dona, Amy)
January 22, 2018 Opinion or Order Order [non-document] granting Plaintiff's unopposed #339 Motion to extend expert discovery. Third Party Defendant expert reports and rebuttal reports due by 2/23/2018; Expert depositions to be conducted by 4/2/2018 and 6/22/2018. Telephone Status Conference set for 3/1/2018 at 10:30 AM; Plaintiff's counsel shall initiate conference. Judge Christopher A. Boyko on 1/22/2018.(H,CM)
January 15, 2018 Opinion or Order Filing 338 Notice to stay proceedings filed by Richard M. Osborne, Sr. (Forbes, Glenn) Modified text to match document on 1/22/2018 (M,TL).
November 20, 2017 Opinion or Order Filing 337 Notice of Substitution of Counsel removing attorney Margaret M. Koesel and adding attorney Tracey L. Turnbull filed by on behalf of Naylor Family Partnership. (Turnbull, Tracey)
September 11, 2017 Opinion or Order Order [non-document] granting Defendant City of Willoughby's #336 Motion to Extend Deadlines. Defendants' expert reports due by 11/15/2017. Third-party Defendant expert reports and rebuttal expert reports due by 1/26/2018. Expert depositions to be conducted 2/2/2018-4/20/2018. Judge Christopher A. Boyko on 9/11/2017.(H,CM)
September 8, 2017 Opinion or Order Filing 336 Unopposed Second Motion for extension of Expert Discovery filed by Defendant City of Willoughby, Ohio. Related document(s) #335 . (Mitchell, Wade) Modified text on 9/12/2017 (P,G).
July 18, 2017 Opinion or Order Order [non-document] granting Defendant City of Willoughby's unopposed #335 Motion to extend expert discovery schedule. Defendants' expert reports due by 10/1/2017. Third-party Defendant expert reports and rebuttal expert reports due by 11/22/2017. Expert depositions to be conducted 11/27/2017-2/16/2018. Judge Christopher A. Boyko on 7/18/2017.(H,CM)
July 17, 2017 Opinion or Order Filing 335 Unopposed Motion for extension of Time for Expert Discovery with memorandum in support filed by Defendant City of Willoughby, Ohio. Related document(s) #333 . (Mitchell, Wade) Modified text on 7/17/2017 (P,G).
May 3, 2017 Opinion or Order Filing 334 Notice of Withdrawal of Gary E. Steinbauer as counsel filed by United States of America. (Steinbauer, Gary) Modified text on 5/5/2017 (P,G).
April 19, 2017 Opinion or Order Order adopting Stipulated Proposed Expert Discovery Schedule (Related doc #333 ). Plaintiffs' expert reports due by 6/1/2017. Defendants' expert reports due by 8/1/2017. Third-party Defendant expert reports and rebuttal expert reports due b 9/1/2017. Expert depositions 9/5-11/1/2017. Expert Discovery due by 11/1/2017. Judge Christopher A. Boyko on 4/19/2017. (H,CM)
April 14, 2017 Opinion or Order Filing 333 Proposed Stipulation regarding expert discovery schedule filed by Stephen H. Bales, Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Lisa P. Jackson, Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America. Related document(s) #332 .(Dona, Amy)
March 27, 2017 Opinion or Order Filing 332 Opinion and Order. Motions for Summary Judgment (Related doc #'s #283 , #286 , #287 , #289 ) are denied. Defendant Richard Osborne, Sr.'s Motion to Deny or Delay Summary Judgment (Related doc #312 ) is granted. Defendant JTO's Motions for Summary Judgment (Related doc #'s #291 , #293 ) are denied. Defendant Naylor Family Partnership's Motion for Summary Judgment (Related doc #279 ) is granted with the proviso that Naylor Family Partnership agrees to remain a party in order to ensure access to its property should equitable relief be ordered at the close of this case. The parties are ordered to file a stipulated, proposed expert discovery schedule by 4/17/2017. Judge Christopher A. Boyko on 3/27/2017. (H,CM)
March 27, 2017 Opinion or Order Filing 331 Opinion and Order. Third-Party Defendant William R. Gray Associates' Motion for Summary Judgment (Related doc #282 ) is granted in part. Judge Christopher A. Boyko on 3/27/2017. (H,CM)
March 20, 2017 Opinion or Order Filing 330 Opinion and Order. Third-Party Defendant William R. Gray Associates' Motion for Summary Judgment on Cross-Claims of JTO, Midway Industrial Campus, Richard M. Osborne, Sr. and Madison/Route 20 (Related Doc #281 ) is granted. Judge Christopher A. Boyko on 3/20/2017.(H,CM)
October 5, 2016 Opinion or Order Order [non-document] granting Defendants Richard Osborne and Madison/Route 20's Motion to substitute exhibits (Related Doc #314 ). Judge Christopher A. Boyko on 10/5/2016.(H,CM)
August 29, 2016 Opinion or Order Filing 329 Attorney Appearance by Erik J. Wineland filed by on behalf of City of Willoughby, Ohio. (Wineland, Erik)
August 24, 2016 Opinion or Order Filing 328 Reply in support of #287 Motion for partial summary judgment against Midway Industrial Campus Co., Ltd, Madison/Route 20, LLC, and Richard M. Osborne Sr. filed by United States of America. (Dertke, Daniel)
August 24, 2016 Opinion or Order Filing 327 Reply in support of #283 Motion for partial summary judgment against Richard Osborne and Madison Route 20 LLC filed by State of Ohio. (Helkowski, Lawrence)
August 17, 2016 Opinion or Order Filing 326 Reply in support of #289 Motion for partial summary judgment against the City of Willoughby, Ohio and J.T.O., Inc. in response to J.T.O., Inc.'s opposition filed by United States of America. (Attachments: #1 Appendix Exhibits 201-214)(Dona, Amy)
August 17, 2016 Opinion or Order Filing 325 Reply in support of #289 Motion for partial summary judgment against the City of Willoughby, Ohio and J.T.O., Inc. in response to the City of Willoughby, Ohio's Opposition filed by United States of America. (Attachments: #1 Appendix Exhibits 201-214)(Dona, Amy)
August 17, 2016 Opinion or Order Filing 324 Reply in support of #283 Motion for partial summary judgment and in response to the Memorandum in Opposition filed by JTO, INC and the City of Willoughby filed by State of Ohio. (Helkowski, Lawrence)
August 17, 2016 Opinion or Order Filing 323 Reply to response to #291 Motion for summary judgment as to the United States filed by J.T.O., Inc.. (Attachments: #1 Exhibit Consent Decree)(DeGulis, Gregory)
August 17, 2016 Opinion or Order Filing 322 Reply in support of #281 Motion for summary judgment on Cross-Claims of JTO, Inc., Midway Industrial Campus, Ltd., Richard M. Osborne, Sr., and Madison/Route 20, LLC filed by William R. Gray Associates, Inc.. (Daloia, Andrea)
August 17, 2016 Opinion or Order Filing 321 SEALED Document: Exhibit 2 to Reply in Support filed by William R. Gray Associates, Inc.. Related document(s) #320 , #282 . (Daloia, Andrea) (Case has no caption, attorney notified via email) (P,G).
August 17, 2016 Opinion or Order Filing 320 Reply in support of #282 Motion for summary judgment on Third-Party Complaint filed by William R. Gray Associates, Inc.. (Attachments: #1 Exhibit 1 - Letter)(Related document #302 )(Daloia, Andrea) Added link on 8/19/2016 (P,G).
August 17, 2016 Opinion or Order Filing 319 Reply Memorandum to #303 response to #281 Motion for summary judgment on Cross-Claims of JTO, Inc., Midway Industrial Campus, Ltd., Richard M. Osborne, Sr., and Madison/Route 20, LLC filed by J.T.O., Inc.. (DeGulis, Gregory) Added link on 8/19/2016 (P,G).
August 17, 2016 Opinion or Order Filing 318 Reply to the United States' Opposition to its Motion for Summary Judgment filed by City of Willoughby, Ohio. Related document(s) #306 , #286 . (Attachments: #1 Exhibit A - Deposition of Theresa B. Hudson, Aug. 7, 2013, #2 Exhibit B - Deposition of David R. VanCuren, July 17, 2013, #3 Exhibit C - Deposition of Seng Leong Tan, July 30, 2013) (Mitchell, Wade) Modified text and added link on 8/19/2016 (P,G).
August 16, 2016 Opinion or Order Filing 317 Reply Memorandum to #305 response in support of #279 Motion for summary judgment filed by Naylor Family Partnership. (Koesel, Margaret) Added link on 8/19/2016 (P,G).
August 16, 2016 Opinion or Order Filing 316 Reply in support of #279 Motion for summary judgment filed by Naylor Family Partnership. (Related document #303 ) (Attachments: #1 Exhibit A Section 6111.04)(Koesel, Margaret) Added link on 8/19/2016 (P,G).
August 12, 2016 Opinion or Order Filing 315 Notice of Counsel to be Removed from Service List filed by City of Willoughby, Ohio. (Mitchell, Wade)
August 11, 2016 Opinion or Order Filing 314 Motion to Substitute Exhibits 2 and 5 of Richard M. Osborne Sr. and Madison/Route 20, LLC's Brief in Opposition to Realigned Plaintiff State of Ohio's Motion for Partial Summary Judgment filed by Madison/Route 20, LLC, Richard M. Osborne, Sr.. Related document(s) #312 . (Attachments: #1 Revision Exhibit 2 - Gallion Deposition, #2 Revision Exhibit 5 - Ohio EPA Notice of Violation)(Wuliger, Amy)
August 10, 2016 Opinion or Order Filing 313 Opposition to #287 Motion for partial summary judgment against Midway Industrial Campus Co., Ltd, Madison/Route 20, LLC, and Richard M. Osborne Sr. filed by Madison/Route 20, LLC, Richard M. Osborne, Sr.. (Wuliger, Amy)
August 10, 2016 Opinion or Order Filing 312 Opposition to #283 Motion for partial summary judgment, or, alternatively Motion to deny or delay summary judgment filed by Madison/Route 20, LLC, Richard M. Osborne, Sr.. (Attachments: #1 Exhibit 1 - Anderson Deposition, #2 Exhibit 2 - Gallion Deposition, #3 Exhibit 3 - EPA Investigative Activity Report, #4 Exhibit 4 - Ohio EPA Notice of Violation - Sayles, #5 Exhibit 5- Ohio EPA Notice of Violation - Sayles, #6 Exhibit 6 - Schuelenberg Deposition, #7 Exhibit 7 - VanCuren Deposition, #8 Exhibit 8 - Tan Deposition, #9 Exhibit 9 - Fifth Tolling Agreement, #10 Exhibit 10 - Wuliger Affidavit)(Wuliger, Amy) Modified event on 8/12/2016 (P,G).
August 10, 2016 Opinion or Order Filing 311 Opposition to #281 Motion for summary judgment on Cross-Claims of JTO, Inc., Midway Industrial Campus, Ltd., Richard M. Osborne, Sr., and Madison/Route 20, LLC filed by Madison/Route 20, LLC, Richard M. Osborne, Sr.. (Wuliger, Amy)
August 3, 2016 Opinion or Order Filing 310 Response in Opposition to #289 Motion for partial summary judgment against the City of Willoughby, Ohio filed by J.T.O., Inc.. (Attachments: #1 Exhibit A: Depo of Richard Osborne, #2 Exhibit B: Depo of Richard Osborne, Sr, #3 Exhibit C: Depo of Seng Leong Tan, #4 Exhibit D: Depo of David Vancuren, #5 Exhibit E: Depo of David E. Anderson, #6 Exhibit F: Agreement, #7 Exhibit G: Contract dated 12/4/02, #8 Exhibit H: Depo of James Sayles, #9 Exhibit I: Letter dated 12/14/99, #10 Exhibit J: Letter dated 12/17/02, #11 Exhibit K: Letter dated 6/10/03, #12 Exhibit L: Depo of Theresa Hudson, #13 Exhibit M: Depo of Daniel Gerson, #14 Exhibit N: Depo of Patrick Duncan, #15 Exhibit O: File Memo, #16 Exhibit P: Regulatory Guidance, #17 Exhibit Q: Letter dated 6/5/07, #18 Exhibit R: Letter dated 6/26/08, #19 Exhibit S: Memorandum, #20 Exhibit T: Memo re Clean Water Act, #21 Exhibit U: Sample Point Locations, #22 Exhibit V: Brochure 1/2012, #23 Exhibit W: Preliminary Jurisdictional Determination, #24 Exhibit X: 12/4/08 Preliminary Jurisdictional Determination) (DeGulis, Gregory) Modified on 8/8/2016 to edit attachment descriptions, filer notified (B,TM).
August 3, 2016 Opinion or Order Filing 309 SEALED Document:Supplemental Appendix to Opposition to defendant J.T.O., Inc.'s Motion for Summary Judgment - Exhibit 8 filed by United States of America. Related document(s) #308 . (Dona, Amy) Modified text on 8/4/2016 (P, S).
August 3, 2016 Opinion or Order Filing 308 Opposition to #291 Motion for summary judgment as to the United States of J.T.O., Inc. filed by United States of America. (Attachments: #1 Appendix Exhibits 1-7)(Dona, Amy)
August 3, 2016 Opinion or Order Filing 307 SEALED Document: Supplemental Appendix to Opposition to Defendant Willoughby's Motion for Summary Judgment - Exhibits 26-28 filed by United States of America. Related document(s) #306 . (Dona, Amy) Modified text on 8/4/2016 (P, S).
August 3, 2016 Opinion or Order Filing 306 Opposition to #286 Motion for summary judgment of the City of Willoughby, Ohio filed by United States of America. (Attachments: #1 Appendix Exhibits 1-14, #2 Appendix Exhibits 15-25)(Dona, Amy)
August 3, 2016 Opinion or Order Filing 305 Opposition to #279 Motion for summary judgment of Defendant Naylor Family Partnership filed by United States of America. (Attachments: #1 Exhibit 1 (map showing alleged violation areas))(Dertke, Daniel)
August 3, 2016 Opinion or Order Filing 304 Response to #283 Motion for partial summary judgment filed by J.T.O., Inc.. (Attachments: #1 Exhibit A: Notice of Award, #2 Exhibit B: Contract 12/4/02, #3 Exhibit C: Depo of James Sayles, #4 Exhibit D: Depo of Theresa Hudson, #5 Exhibit E: Depo of Daniel Gerson, #6 Exhibit F: Depo of Patrick Duncan, #7 Exhibit G: Letter dated 6/10/03, #8 Exhibit H: Depo of Seng Leong Tan, #9 Exhibit I: Memorandum dated 12/3/04, #10 Exhibit J: Letter dated 12/4/99, #11 Exhibit K: Letter dated 12/17/02, #12 Exhibit L: Letter dated 6/14/05, #13 Exhibit M: Letter dated 6/5/07, #14 Exhibit N: Letter dated 6/28/06, #15 Exhibit O: Memorandum, #16 Exhibit P: Summary of Wetlands, #17 Exhibit Q: Riverside sample charts, #18 Exhibit R: Ohio EPA Draft Rules, #19 Exhibit S: 2016 Update, #20 Exhibit T: Proposed Rules 401) (DeGulis, Gregory) Modified on 8/8/2016 to correct attachment descriptions (B,TM).
August 3, 2016 Opinion or Order Filing 303 Response to #279 and #293 Motions for summary judgment as to the State of Ohio and JTO's filed by State of Ohio. (Helkowski, Lawrence) Modified on 8/4/2016 to edit text (B,TM).
August 3, 2016 Opinion or Order Filing 302 Opposition to #282 Motion for summary judgment on Third-Party Complaint filed by City of Willoughby, Ohio. (Attachments: #1 Exhibit A - Willoughby Gray Contract, #2 Exhibit B - Osborne Gray Contract, #3 Exhibit C -Deposition of Daniel Gerson, #4 Exhibit D - Tolling Agreement, #5 Exhibit E - Declaration of Wade Mitchell) (Mitchell, Wade) Modified on 8/4/2016 to edit attachments (B,TM).
August 3, 2016 Opinion or Order Filing 301 Opposition to #283 Motion for partial summary judgment filed by City of Willoughby, Ohio. (Attachments: #1 Exhibit A - Deposition of David E. Anderson, #2 Exhibit B - Deposition of Seng Leong Tan, #3 Exhibit C - Deposition of David Vancuren, #4 Exhibit D - Deposition of Richard Osborne)(Mitchell, Wade) Modified on 8/4/2016 to edit attachments (B,TM).
August 3, 2016 Opinion or Order Filing 300 Opposition to #289 Motion for partial summary judgment against the City of Willoughby, Ohio and J.T.O., Inc., filed by City of Willoughby, Ohio. (Attachments: #1 Exhibit A - Deposition of David E. Anderson, #2 Exhibit B - Deposition of Seng Leong Tan, #3 Exhibit C - Deposition of David Vancuren, #4 Exhibit D - Deposition of Richard Osbourne, #5 Exhibit E - Deposition of James Sayles)(Mitchell, Wade) Modified on 8/4/2016 to edit attachments with capital lettering; filer notified (B,TM).
August 3, 2016 Opinion or Order Filing 299 Response to #281 Motion for summary judgment on Cross-Claims of JTO, Inc., Midway Industrial Campus, Ltd., Richard M. Osborne, Sr., and Madison/Route 20, LLC filed by J.T.O., Inc.. (Attachments: #1 Exhibit Correspondence, #2 Exhibit Services Agreement, #3 Exhibit OEPA NOI, #4 Exhibit Correspondence, #5 Exhibit Deposition Transcript, #6 Exhibit Correspondence, #7 Exhibit Contract, #8 Exhibit Meeting Summary, #9 Exhibit Meeting Summary, #10 Exhibit Deposition Transcript, #11 Exhibit Deposition Transcript, #12 Exhibit Preliminary Plan Review)(DeGulis, Gregory)
July 27, 2016 Opinion or Order Filing 298 Motion for extension of time to respond to #289 , #281 , #283 Motions for Summary Judgment until August 3, 2016 filed by Defendant J.T.O., Inc.. (DeGulis, Gregory) Modified text on 7/27/2016 (P,G).
July 27, 2016 Opinion or Order Order [non-document] granting Defendant City of Willoughby's #297 Motion for extension of time respond to Motions for Summary Judgment. Oppositions to be filed by 8/3/2016; Replies due by 8/17/2016. Judge Christopher A. Boyko on 7/27/2016.(H,CM)
July 27, 2016 Opinion or Order Order [non-document] granting Defendant JTO's #298 Motion for extension of time to respond to Motions for Summary Judgment. Oppositions to be filed by 8/3/2016; Replies due by 8/17/2016. Judge Christopher A. Boyko on 7/27/2016.(H,CM)
July 26, 2016 Opinion or Order Filing 297 Motion for extension of time until August 3, 2016 to file response/reply to #289 Motion for partial summary judgment against the City of Willoughby, Ohio and J.T.O., Inc. , #283 Motion for partial summary judgment , #282 Motion for summary judgment on Third-Party Complaint filed by Cross Defendant City of Willoughby, Ohio. Related document(s) #289 , #283 , #282 . (Mitchell, Wade)
July 26, 2016 Opinion or Order Order [non-document] granting Plaintiffs' #296 Motion for extension of time to respond to Motions for Summary Judgment. Oppositions to be filed by 8/3/2016; Replies due by 8/17/2016. Judge Christopher A. Boyko on 7/26/2016.(H,CM)
July 25, 2016 Opinion or Order Filing 296 Joint Motion for extension of time until 08/03/2016 to file response/reply to #279 , #286 , #293 , #291 Motions for summary judgment filed by State of Ohio, United States of America. (Dona, Amy) Modified text on 7/26/2016 (P,G).
July 25, 2016 Opinion or Order Order [non-document] granting Osborne Defendants' #295 Motion for extension of time to file response to Motions for Summary Judgment. Opposition briefs shall be filed by 8/10/2016 and Reply briefs due by 8/24/2016. Judge Christopher A. Boyko on 7/25/2016.(H,CM)
July 22, 2016 Opinion or Order Filing 295 Motion for a 14 day extension of time to file briefs in opposition to Motions for summary judgment #287 #281 #283 filed by Madison/Route 20, LLC, Richard M. Osborne, Sr. (Wuliger, Amy) Modified text on 7/25/2016 (P, S).
June 27, 2016 Opinion or Order Filing 294 Exhibit 9 to the Motions for Summary Judgment as to the United States and the State of Ohio filed by J.T.O., Inc.. Related document(s) #293 , #291 .(DeGulis, Gregory) Modified text on 6/29/2016 (Document has no case caption or signature)(P,G).
June 27, 2016 Opinion or Order Filing 293 Motion for summary judgment with memorandum in support as to the State of Ohio filed by Defendant J.T.O., Inc.. (Attachments: #1 Exhibit 1-Affidavit of Timothy R. Posar, #2 Exhibit 2-Army Corps Letter to Richard Osborne dated December 14, 1999, #3 Exhibit 3-EPA Investigative Activity Report, Case No. 1500-0200, #4 Exhibit 4-Ohio EPA letter to Jim Sayles, City of Willoughby dated September 3, 2002, #5 Exhibit 5-Ohio EPA Notice of Violation to Jim Sayles, City of Willoughby dated December 31, 2002, #6 Exhibit 6-Ohio EPA Letter to Jim Sayles, City of Willoughby dated July 29, 2003, #7 Exhibit 7-General Isolated Wetland Permit Application dated October 18, 2002, #8 Exhibit 8-Ohio EPA letter to Midway Industrial Campus, Ltd. dated November 14, 2002, #9 Exhibit 10-Army Corps Letter to RP Consultants dated June 10, 2003, #10 Exhibit 11-Cease and Desist Order dated December 15, 2004, #11 Exhibit Agreement between the City of Willoughby and William R. Gray Associates, #12 Exhibit 13-Jim Sayles Deposition, #13 Exhibit 14-Seng Leong Tan Deposition, #14 Exhibit 15-Notice of Award, #15 Exhibit 16-Willoughby/JTO Contract, #16 Exhibit 17-Notice to Proceed, #17 Exhibit 18-Change Order dated March 30, 2004, #18 Exhibit 19-Ohio EPA Letter to Jim Sayles, City of Willoughby and Madison Rte 20 LLC dated November 19, 2002)(DeGulis, Gregory) Modified text on 6/29/2016 (P,G).
June 27, 2016 Opinion or Order Filing 292 FILING ERROR, MOTION TERMINATED Motion to seal document #291 Motion for summary judgment as to the United States Exhibit 9 filed by Defendant J.T.O., Inc.. Related document(s) #291 . (DeGulis, Gregory) Modified text, NEF regenerated on 6/29/2016 (S,SR).
June 27, 2016 Opinion or Order Filing 291 Motion for summary judgment with memorandum in support as to the United States filed by Defendant J.T.O., Inc.. (Attachments: #1 Exhibit 1-Affidavit of Timothy R. Posar, #2 Exhibit 2-Army Corps Letter to Richard Osborne dated December 14, 1999, #3 Exhibit 3-EPA Investigative Activity Report, Case No. 1500-0200, #4 Exhibit 4-Ohio EPA letter to Jim Sayles, City of Willoughby dated September 3, 2002, #5 Exhibit 5-Ohio EPA Notice of Violation to Jim Sayles, City of Willoughby dated December 31, 2002, #6 Exhibit 6-Ohio EPA Letter to Jim Sayles, City of Willoughby dated July 29, 2003, #7 Exhibit 7-General Isolated Wetland Permit Application dated October 18, 2002, #8 Exhibit 8-Ohio EPA letter to Midway Industrial Campus, Ltd. dated November 14, 2002, #9 Exhibit 10-Army Corps Letter to RP Consultants dated June 10, 2003, #10 Exhibit 11-Cease and Desist Order dated December 15, 2004, #11 Exhibit 12-Agreement between the City of Willoughby and William R. Gray Associates, #12 Exhibit 13-Jim Sayles Deposition, #13 Exhibit 14-Seng Leong Tan Deposition, #14 Exhibit 15-Notice of Award, #15 Exhibit 16-Willoughby/JTO Contract, #16 Exhibit 17-Notice to Proceed, #17 Exhibit 18-Change Order dated March 30, 2004, #18 Exhibit 19-Ohio EPA Letter to Jim Sayles, City of Willoughby and Madison Rte 20 LLC dated November 19, 2002)(DeGulis, Gregory) Modified text on 6/29/2016 (P,G).
June 27, 2016 Opinion or Order Filing 290 SEALED Document: Supplemental Appendix to Memorandum in Support of United States' Motion for Partial Summary Judgment Against the City of Willoughby, Ohio and JTO, Inc., Supplemental Exhibits 114-119 filed by United States of America. Related document(s) #289 . (Dona, Amy) Modified text on 6/28/2016 (P,G).
June 27, 2016 Opinion or Order Filing 289 Motion for partial summary judgment against the City of Willoughby, Ohio and J.T.O., Inc. filed by Plaintiff United States of America. (Attachments: #1 Brief in Support, #2 Appendix Exhibits 1, 14, 100-113, 200)(Dona, Amy) Modified text on 6/28/2016 (P,G).
June 27, 2016 Opinion or Order Filing 288 SEALED Document: Supplemental Appendix to Memorandum in Support of United States' Motion for Partial Summary Judgment Against Midway Industrial Campus Co., Ltd, Madison/Route 20, LLC, and Richard M. Osborne Sr., Supplemental Exhibits 15-18 filed by United States of America. Related document(s) #287 . (Dertke, Daniel) Modified text on 6/28/2016 (P,G).
June 27, 2016 Opinion or Order Filing 287 Motion for partial summary judgment against Midway Industrial Campus Co., Ltd, Madison/Route 20, LLC, and Richard M. Osborne Sr. filed by Plaintiff United States of America. (Attachments: #1 Brief in Support, #2 Appendix Exhibits 1-14, 200)(Dertke, Daniel)
June 27, 2016 Opinion or Order Filing 286 Motion for summary judgment filed by Defendant City of Willoughby, Ohio. (Attachments: #1 Exhibit A - Deposition of David E. Anderson, Aug. 1, 2013, #2 Exhibit B - Deposition of Seng Leong Tan, July 30, 2013, #3 Exhibit C - Deposition of David R. VanCuren, July 17, 2013, #4 Exhibit D - Deposition of Richard M. Osborne, Sr., Aug. 16, 2013, #5 Exhibit E - Deposition of Richard M. Osborne, Sr., Sept. 6, 2013)(Mitchell, Wade)
June 27, 2016 Opinion or Order Filing 285 SEALED Document: Notice of Filing Deposition Exhibits filed by State of Ohio. (Related documents #283 , #284 ) (Attachments: #1 Deposition Exhibit 83, #2 Deposition Exhibit 101, #3 Deposition Exhibit 225, #4 Deposition Exhibit 261, #5 Deposition Exhibit 264, #6 Deposition Exhibit 275, #7 Deposition Exhibit 329, #8 Deposition Exhibit 337)(Helkowski, Lawrence) Modified text and added links on 6/28/2016 (P,G).
June 27, 2016 Opinion or Order Filing 284 Notice of filing Depositions and Requests for Admissions filed by State of Ohio. (Related document #283 ) (Attachments: #1 Exhibit Midway Discovery Responses, #2 Exhibit Madison Discovery Responses, #3 Exhibit Naylor Discovery Responses, #4 Exhibit Anderson Deposition Transcript, #5 Exhibit Gallion Deposition Transcript, #6 Exhibit Bentley Deposition Transcript, #7 Exhibit Schulenberg Deposition Transcript)(Helkowski, Lawrence) Modified text and added link on 6/28/2016 (P,G).
June 27, 2016 Opinion or Order Filing 283 Motion for partial summary judgment filed by Plaintiff State of Ohio. (Attachments: #1 Exhibit Map, #2 Affidavit)(Helkowski, Lawrence) Modified text on 6/28/2016 (P,G).
June 27, 2016 Opinion or Order Filing 282 Motion for summary judgment on Third-Party Complaint filed by 3rd Pty Defendant William R. Gray Associates, Inc.. (Attachments: #1 Exhibit 1 - Sayles Depo, #2 Exhibit 2 - Gerson Volume 2 Depo, #3 Exhibit 3 - Gerson Volume 1 Depo, #4 Exhibit 4 - 5-21-01 Contract, #5 Exhibit 5 - 6-27-01 Contract, #6 Exhibit 6 - Osborne Depo, #7 Exhibit 7 - 3-27-02 Contract, #8 Exhibit 8 - Terrence Gerson Depo, #9 Exhibit 9 - Tan Depo, #10 Exhibit 10 - Plans)(Daloia, Andrea)
June 27, 2016 Opinion or Order Filing 281 Motion for summary judgment on Cross-Claims of JTO, Inc., Midway Industrial Campus, Ltd., Richard M. Osborne, Sr., and Madison/Route 20, LLC filed by 3rd Pty Defendant William R. Gray Associates, Inc.. (Attachments: #1 Exhibit 1 - MSJ, #2 Exhibit 2 - Osborne, Jr. Deposition, #3 Exhibit 3 - Tan Deposition)(Daloia, Andrea)
June 24, 2016 Opinion or Order Filing 280 Notice of Filing Deposition Transcripts filed by Naylor Family Partnership. (Related document #279 ) (Attachments: #1 Deposition of Ronald Fodo taken August 13, 2013, #2 Deposition of Lisa Matovic taken July 29, 2013, #3 Deposition of Mick Micacchion taken August 27, 2013, #4 Deposition of Robert Naylor, Sr taken July 2, 2013, #5 Deposition of Robert Osborne, Sr taken August 16, 2013, #6 Deposition of Robert Osborne, Sr taken September 6, 2013, #7 Deposition of Deborah Venci taken July 1, 2013)(Koesel, Margaret) Modified text and added link on 6/27/2016 (P,G).
June 24, 2016 Opinion or Order Filing 279 Motion for summary judgment filed by Defendant Naylor Family Partnership. (Attachments: #1 Exhibit A: Declaration Robert Naylor, #2 Exhibit B: Deposition of Robert Naylor, #3 Exhibit C: Deposition of Deborah Venci, #4 Exhibit D: Deposition of Robert Osborne 8-16-16, #5 Exhibit E: Deposition of Robert Osborne 9-6-13, #6 Exhibit F: Deposition of Lisa Matovic, #7 Exhibit G: Deposition of Ronald Fodo, #8 Exhibit H: Deposition of Mick Micacchion, #9 Exhibit I: Response of Naylor Family Partnership To USEPA Information Request 9-29-05)(Koesel, Margaret) Modified attachments on 6/27/2016 (P,G).
June 24, 2016 Opinion or Order Order (non-document). Pursuant to the sealed filing of 6/23/2016 (Related doc #278 ), the Court approves the proposal of the United States and State of Ohio for filing protected materials in support of or in response to motions for summary judgment. Judge Christopher A. Boyko on 6/24/2016. (H,CM)
June 23, 2016 Opinion or Order Filing 278 SEALED Document: Summary of documents relating to grand-jury proceedings pursuant to June 16 Order regarding protected materials filed by All Plaintiffs. Related document(s) #277 . (Attachments: #1 Exhibit A: index of protected materials, #2 Exhibit B: November 2011 order, #3 Exhibit C: February 2012 emails)(Dertke, Daniel) Modified text on 6/27/2016 (P,G).
June 16, 2016 Opinion or Order Filing 277 Order denying Motion for leave to file under seal.(Related Doc #276 ). The parties are ordered to file, under seal, a summary of the purportedly protected material they anticipate utilizing in the summary judgment briefing. The Court will entertain a joint filing and the parties shall comply within seven days. Judge Christopher A. Boyko on 6/16/2016.(R,D)
June 16, 2016 Opinion or Order Filing 276 Motion for leave to file under seal their briefs and memoranda in support of or in response to motions for summary judgment filed by Stephen H. Bales, Susan Hedman, Lisa P. Jackson, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, Stephen H. Bales, Stephen H. Bales, Susan Hedman, Susan Hedman, Lisa P. Jackson, Lisa P. Jackson, Meredith W.B. Temple, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States Environmental Protection Agency, United States of America, Plaintiff United States of America. (Dona, Amy) Modified text on 6/17/2016 (P,G).
June 1, 2016 Opinion or Order Filing 275 Address Change Notice by Amy A. Wuliger filed by on behalf of Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Wuliger, Amy)
June 1, 2016 Opinion or Order Filing 274 Motion by Robert D. Dumbrys to withdraw as attorney of record filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Madison/Route 20, LLC, Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr., Madison/Route 20, LLC, Richard M. Osborne, Sr.. Related document(s) #251 . (Dumbrys, Robert)
June 1, 2016 Opinion or Order Order [non-document] granting attorney Robert Dumbrys' Motion to withdraw as counsel for Defendants Richard M. Osborne and Madison/Route 20 (Related Doc #274 ). Judge Christopher A. Boyko on 6/1/2016.(H,CM)
May 2, 2016 Opinion or Order Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Status Conference held on 4/29/2016. Motion of counsel for Defendant Midwest Industrial Campus to withdraw (Related doc #273 ) is granted. Dispositive Motions due by 6/27/2016; Opposition Briefs due by 7/27/2016; and any Reply Briefs by 8/10/2016. The Court will not permit Plaintiffs to amend pleadings at this point in the litigation. The Court will not address any discovery disputes without compliance and certification pursuant to Local Rule 37.1. Further scheduling will be entered following ruling on dispositive motions. (Court Reporter: None; Time: 40 min.) (H,CM)
April 28, 2016 Opinion or Order Filing 273 Motion by Ralph E. Cascarilla, Darrell A. Clay, Leslie G. Wolfe to withdraw as attorney filed by Midway Industrial Campus Co., Ltd., Midway Industrial Campus Co., Ltd., Counter-Claimant Midway Industrial Campus Co., Ltd., Cross-Claimant Midway Industrial Campus Co., Ltd., Defendant Midway Industrial Campus Co., Ltd.. (Cascarilla, Ralph)
April 28, 2016 Opinion or Order Order (non-document). The Court will grant attorneys' Motion to withdraw as counsel for Defendant Midway Industrial Campus (Related doc #273 ) after counsel's participation in the Telephone Status Conference on 4/29/2016. Judge Christopher A. Boyko on 4/28/2016. (H,CM)
April 25, 2016 Opinion or Order Order [non-document] granting Defendant City of Willoughby's Motion for attorney Martin T. Booher to appear pro hac vice (Related Doc #271 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 4/25/2016.(H,CM)
April 22, 2016 Opinion or Order Filing 272 Letter Regarding Proposed Litigation Schedule filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Wuliger, Amy) Wrong attorney s/_____, attorney notified via email(P,G).
April 22, 2016 Opinion or Order Filing 271 Motion for attorney Martin T. Booher to Appear Pro Hac Vice. Filing fee $120, paid on 4/21/16, #647-7586322 filed by Defendant City of Willoughby, Ohio. (Mitchell, Wade) Modified filing fee text on 4/25/2016 (G,CA). Modified receipt number & added payment date on 4/25/2016 (G,CA).
April 22, 2016 Opinion or Order Filing 270 Letter regarding Proposed Litigation Schedule filed by All Plaintiffs. (Attachments: #1 Schedule Plaintiffs' Proposed Litigation Schedule)(Dertke, Daniel)
April 22, 2016 Opinion or Order Filing 269 Letter regarding proposed litigation schedule filed by City of Willoughby, Ohio. (Mitchell, Wade) Modified text on 4/26/2016 (P,G).
March 15, 2016 Opinion or Order Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Status Conference held on 3/15/2016. Parties agree that settlement efforts have reached an impasse and that it makes sense to proceed with expert and dispositive motion dates. Telephone Status Conference set for 4/29/2016 at 02:00 PM. Plaintiff United States will provide conference call number. Parties shall file written proposals re: litigation dates by 4/22/2016 at 12:00 noon. (Court Reporter: None; Time: 30 min.) (H,CM)
February 10, 2016 Opinion or Order Order [non-document] granting United States' Motion for status conference (Related Doc #268 ). Status Conference set for 3/15/2016 at 10:00 AM in Chambers 15B. Judge Christopher A. Boyko on 2/10/2016.(H,CM)
October 19, 2015 Opinion or Order Filing 268 Motion for a Status Conference filed by Stephen H. Bales, Susan Hedman, Lisa P. Jackson, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, Stephen H. Bales, Stephen H. Bales, Susan Hedman, Susan Hedman, Lisa P. Jackson, Lisa P. Jackson, Meredith W.B. Temple, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States Environmental Protection Agency, United States of America, Plaintiff United States of America. (Dona, Amy) Modified text on 10/21/2015 (P,G).
October 9, 2015 Opinion or Order Filing 267 Notice of Withdrawal of Erik J. Wineland as Counsel for Defendant City of Willoughby, Ohio filed by City of Willoughby, Ohio. (Eddy, Robert)
June 18, 2015 Opinion or Order Minutes of proceedings[non-document] before Judge Christopher A. Boyko.Settlement Conference held. All counsel present. No resolution reached. Settlement discussions continuing. Time: 3 hours 30 minutes. (R,D)
June 16, 2015 Opinion or Order Filing 266 Motion to excuse party attendance at Settlement Conference set for 6/17/15 filed by Madison/Route 20, LLC, Richard M. Osborne, Sr. (Wuliger, Amy) Modified text/filers on 6/16/2015 (G,CA). Modified text on 6/16/2015 (H,KR).
June 16, 2015 Opinion or Order Order [non-document]. Defendants Richard Osborne and Madison/Route 20's Motion to Dismiss (Related Doc #264 ) is denied. Judge Christopher A. Boyko on 6/16/2015.(H,CM)
June 16, 2015 Opinion or Order Order [non-document] granting Defendants Richard Osborne and Madison/Route 20's Motion to excuse personal appearance of party at settlement conference (Related Doc #266 ). Judge Christopher A. Boyko on 6/16/2015.(H,CM)
June 15, 2015 Opinion or Order Filing 265 Order re #261 Order. The Court modifies its prior Order in that only lead counsel and all parties with full settlement authority are required to attend in person. The parties are still required to comply with the Courts Standing Settlement Conference Order. Furthermore, appearance by telephone is not an acceptable alternative for any party or counsel. Judge Christopher A. Boyko on 6/15/2015. (R,D)
June 11, 2015 Opinion or Order Filing 264 Motion to dismiss for Non-Compliance with Court's Standing Order for Settlement Conferences filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Madison/Route 20, LLC, Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr., Madison/Route 20, LLC, Richard M. Osborne, Sr. (Wuliger, Amy) Modified text/filers on 6/11/2015 (M, S).
June 11, 2015 Opinion or Order Filing 263 Attorney Appearance by Gary E. Steinbauer as of counsel filed by on behalf of United States of America. (Steinbauer, Gary)
May 14, 2015 Opinion or Order Filing 262 Settlement Conference Order. Judge Christopher A. Boyko on 5/14/2015. (H,CM)
May 14, 2015 Opinion or Order Filing 261 Order. Settlement Conference set for 6/17/2015 at 02:00 PM in Chambers 15B. Lead counsel and all parties with full settlement authority shall attend in person and comply with the Court's Standing Settlement Conference Order. Appearance by telephone is not an acceptable alternative for any party or counsel. The Court requests the presence of a representative from Congressman David Joyce's office. Judge Christopher A. Boyko on 5/14/2015. (H,CM)
March 31, 2015 Opinion or Order Filing 260 Notice of Withdrawal of Assistant Attorney General Alana R. Shockey filed by State of Ohio. (Shockey, Alana) Modified text on 4/1/2015 (P,G).
August 13, 2014 Opinion or Order Order [non-document]. Defendants' Motion to Vacate Settlement Conference and for Telephonic Status Conference (Related Doc #259 ) is granted in part. Settlement Conference is postponed. Parties shall submit in writing by 8/20/2014 proposed available dates for Settlement Conference. Judge Christopher A. Boyko on 8/13/2014.(H,CM)
August 12, 2014 Opinion or Order Filing 259 Motion to Vacate Settlement Conference and for Telephonic Status Conference for Purposes of Rescheduling filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Madison/Route 20, LLC, Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr., Madison/Route 20, LLC, Richard M. Osborne, Sr.. Related document(s) #257 . (Wuliger, Amy)
August 12, 2014 Opinion or Order Filing 258 Attorney Appearance by Amy A. Wuliger filed by on behalf of Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Wuliger, Amy)
August 11, 2014 Opinion or Order Order [non-document] granting Plaintiff State of Ohio's Motion for continuance (Related Doc #257 ); Settlement Conference reset for 9/8/2014 at 02:00 PM in Chambers 15B. Judge Christopher A. Boyko on 8/11/2014.(H,CM)
August 6, 2014 Opinion or Order Filing 257 Motion to Reschedule Settlement Conference filed by Cross-Claimant State of Ohio. Related document(s) #256 . (Shockey, Alana)
August 6, 2014 Opinion or Order Filing 256 Order. The Court orders the Director of the Ohio Environmental Protection Agency to appear in person at the Settlement Conference on 8/19/2014 at 10:00 a.m. Appearance by telephone is not an acceptable alternative for the Director nor for any party. Judge Christopher A. Boyko on 8/6/2014. (H,CM)
July 2, 2014 Opinion or Order Filing 255 Notice of Withdrawal of Counsel for Third-Party Defendant William R. Gray Associates, Inc. filed by William R. Gray Associates, Inc.. (Baker, Kyle)
May 28, 2014 Opinion or Order Filing 254 Address Change Notice by Margaret M. Koesel filed by on behalf of Naylor Family Partnership. (Koesel, Margaret)
April 22, 2014 Opinion or Order Filing 253 Settlement Conference Order. Settlement Conference set for 8/19/2014 at 10:00 AM in Chambers 15B. Judge Christopher A. Boyko on 4/22/2014. (H,CM)
April 10, 2014 Opinion or Order Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Status Conference held on 4/10/2014. The Court agrees that parties are not yet in position for a productive settlement conference; 4/17/2014 settlement conference is cancelled. By 2:00 PM on 4/17/2014, the parties shall submit to the Court (may be by fax) three agreed proposed dates for a meaningful settlement conference with all parties with authority available to participate in person. (Court Reporter: None; Time: 40 min.) (H,CM)
March 6, 2014 Opinion or Order Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Status Conference held on 3/6/2014. Settlement Conference set for 4/17/2014 at 02:00 PM in Chambers 15B. Parties with full authority are required to attend and comply with the Standing Settlement Conference Order. Telephone Status Conference set for 4/10/2014 at 02:00 PM (same conference call protocol); parties shall inform the Court of progress and whether settlement conference will be worthwhile. (Court Reporter: None; Time: 30 min.) (H,CM)
February 4, 2014 Opinion or Order Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Status Conference held on 2/4/2014. Telephone Status Conference set for 3/6/2014 at 01:30 PM* with same conference call protocol (*note time change). Court holds current litigation schedule in abeyance. New deadlines will be set following 3/6/2014 conference. Defendants shall forward copies of all responses to Plaintiff United States and Ohio's revised demands to the private neutral, Mark Dottore, for his evaluation and recommendations. (Court Reporter: None; Time: 15 min.) (H,CM) Modified on 2/7/2014 (N, P).
December 23, 2013 Opinion or Order Order [non-document] granting Joint #252 Motion to Extend Deadlines. Expert reports due by 2/11/2014; 4/7/2014 and 5/12/2014. Expert Discovery due by 6/23/2014. Dispositive Motions due by 7/23/2014. Judge Christopher A. Boyko on 12/23/2013.(H,CM)
December 20, 2013 Opinion or Order Filing 252 Joint Motion for extension of litigation deadlines filed by Stephen H. Bales, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, Stephen H. Bales, Stephen H. Bales, Meredith W.B. Temple, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States Environmental Protection Agency, United States of America, Plaintiff United States of America. (Dona, Amy) Modified text on 12/23/2013 (P,G).
December 20, 2013 Opinion or Order Filing 251 Attorney Appearance as Co-Counsel by William T. Wuliger filed by on behalf of Madison/Route 20, LLC, Richard M. Osborne, Sr.. (Wuliger, William)
December 19, 2013 Opinion or Order Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Status Conference held on 12/19/2013. Telephone Status Conference set for 2/4/2014 at 01:30 PM (same conference call protocol). Parties shall confer prior to telephone conference date. (Court Reporter: None; Time: 15 min.) (H,CM)
December 13, 2013 Opinion or Order Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Status Conference held on 12/13/2013. Telephone Status Conference set for 12/19/2013 at 03:00 PM. Plaintiff United States shall provide call-in number and code for conference call. (Court Reporter: None; Time: 30 min.) (H,CM)
December 3, 2013 Opinion or Order Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Settlement Conference held 12/2/2013. Matter did not settle. Telephone Status Conference set for 12/13/2013 at 03:00 PM. Plaintiff United States shall initiate conference call and provide the Court with call-in number and code. (Court Reporter: None; Time: 3 hrs.) (H,CM)
November 27, 2013 Opinion or Order Order [non-document] granting Plaintiffs' Motion to excuse appearance of party representatives at settlement conference (Related Doc #249 ). Judge Christopher A. Boyko on 11/27/2013.(H,CM)
November 26, 2013 Opinion or Order Filing 250 Order. The Court grants Defendant Midway's Motion (Related doc #248 ), allowing Mr. LaTourette to appear and to participate. The parameters of his role and the degree of his participation will be determined by the Court following discussion with the parties on 12/2/2013. Judge Christopher A. Boyko on 11/26/2013.(H,CM)
November 26, 2013 Opinion or Order Filing 249 Motion to excuse appearance filed by Cross-Claimant State of Ohio, Plaintiff United States of America. Related document(s) #247 . (Dertke, Daniel)
November 22, 2013 Opinion or Order Filing 248 Motion for Private Mediator to Appear and Participate at Settlement Conference filed by Defendant Midway Industrial Campus Co., Ltd.. (Cascarilla, Ralph)
September 20, 2013 Opinion or Order Filing 247 Settlement Conference Order. Judge Christopher A. Boyko on 9/20/2013. (H,CM)
September 20, 2013 Opinion or Order Order [non-document] granting Joint #246 Motion for Extension of Deadlines. Settlement Conference set for 12/2/2013 at 02:00 PM in Chambers 15B; lead counsel and parties with authority shall attend and comply with the Court's Settlement Conference Order. Plaintiffs' Expert reports due by 1/10/2014; Defendants' reports due by 3/7/2014; rebuttal reports and third party defendant reports due by 4/11/2014. Expert Discovery due by 5/23/2014. Dispositive Motions due by 6/23/2014. Judge Christopher A. Boyko on 9/20/2013.(H,CM)
September 18, 2013 Opinion or Order Filing 246 Joint Motion for sixty-day extension of deadlines pending settlement negotiations filed by City of Willoughby, Ohio, Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Richard M. Osborne, Sr.. (Wolfe, Leslie) Modified text on 9/19/2013 (P,G).
August 23, 2013 Opinion or Order Filing 245 Status Report filed by United States of America. (Dertke, Daniel) Modified text on 8/26/2013 (P,G).
August 16, 2013 Opinion or Order Filing 244 Notice of Service of City of Willoughby's First Set of Interrogatories and Request for Production of Documents Directed to William R. Gray Associates, Inc. filed by City of Willoughby, Ohio. (Wineland, Erik)
August 13, 2013 Opinion or Order Filing 243 Subpoena Returned Executed; served upon OsAir, Inc. by Personal Service on 8/8/13 filed on behalf of United States of America (Paffilas, Steven)
August 12, 2013 Opinion or Order Filing 242 Subpoena Returned Executed; served upon Huntington National Bank by Personal Service on 07/26/2013 filed on behalf of Stephen H. Bales, Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Susan Hedman(in her official capacity as Administrator, Region 5, United States Environmental Protection Agency), Lisa P. Jackson, Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America (Dona, Amy)
August 9, 2013 Opinion or Order Filing 241 Order. Plaintiffs' Motions to Show Cause (Related doc #'s #227 , #228 ) are granted in part. Defendants, Richard M. Osborne, Sr. and Madison/Route 20 LLC, shall provide clear and complete responses to all written discovery by 8/23/2013. The Court defers any award of sanctions at this time. Joint Motion to Adjust Deadlines (Related doc #238 ) is granted. Plaintiffs and Defendants shall confer and provide the Court with a proposed schedule, as outlined herein, by 8/23/2013. Judge Christopher A. Boyko on 8/9/2013. (H,CM)
August 8, 2013 Opinion or Order Filing 240 Subpoena Returned executed on 7/29/2013 by personal service on Richard Osborne Jr. to change deposition date filed by State of Ohio. (Emerman, David) Modified text on 8/9/2013 (P,G).
August 7, 2013 Opinion or Order Filing 239 Subpoena Returned Executed; served upon DDR Corporation by Personal Service on 8/6/13 filed on behalf of United States of America (Paffilas, Steven)
August 6, 2013 Opinion or Order Filing 238 Joint Motion to adjust deadlines filed by All Parties. (Emerman, David) Modified text on 8/7/2013 (P,G).
July 31, 2013 Opinion or Order Filing 237 Subpoena Returned Executed; served upon Richard Osborne, Jr. by Personal Service on July 29, 2013 filed on behalf of State of Ohio (Shockey, Alana)
July 29, 2013 Opinion or Order Order (non-document). The Court sets In Chambers Conference for 8/8/2013 at 02:00 PM in Chambers 15B with only counsel for the parties (Plaintiff United States; Plaintiff State of Ohio; and Defendants Richard Osborne and Madison/Route 20) involved in pending discovery dispute (Related doc #'s #227 , #228 ). The Court notes that this Conference is necessary because Defendants' response briefs are unintelligible. Judge Christopher A. Boyko on 7/29/2013. (H,CM)
July 25, 2013 Opinion or Order Filing 236 Response to #228 Motion to show cause (Correct Version) of Plaintiff State of Ohio filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Attachments: #1 Exhibit Dumbrys Email July 16, #2 Exhibit Dumbrys Email re July 12 second, #3 Exhibit Email of Dumbrys July 16 Cont Post Script, #4 Exhibit Dumbrys Email Regarding Staph, #5 Exhibit Dumbrys July 18 Email, #6 Exhibit Dumbrys Email regarding Plan, #7 Exhibit Dumbrys July 17 Email, #8 Exhibit Dumbrys July 1 Docs, #9 Exhibit Dumbrys July 1 Docs, #10 Exhibit Dumbrys Email to Dertke thanking for facsimile, #11 Exhibit Madison Supplement to Ohio)(Dumbrys, Robert)
July 25, 2013 Opinion or Order Filing 235 Response to #227 Motion to show cause of Plaintiff the United States filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Attachments: #1 Exhibit Dumbrys Email July 16, #2 Exhibit Dumbrys Email re July 12 to Dertke Pt 1, #3 Exhibit Dumbrys Email to Dertke Pt 2, #4 Exhibit Dumbrys Email July 18, #5 Exhibit Dumbrys Email for finalizing, #6 Exhibit Email of Dumbrys July 18, 2013, #7 Exhibit Docs Sent July 1, #8 Exhibit Docs Sent July 1 Pt 2, #9 Exhibit Email re Facsimile representation to Ct, #10 Exhibit Madison Supplemental Responses, #11 Exhibit Osborne Supplemental Responses, #12 Exhibit Email July 18)(Dumbrys, Robert)
July 25, 2013 Opinion or Order Filing 234 Response to #228 Motion to show cause by State of Ohio Plaintiff filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Attachments: #1 Exhibit Dumbrys Email July 16, #2 Exhibit Dumbrys Email re July 12, #3 Exhibit Dumbrys Email, #4 Exhibit Dumbrys Email to Ohio Illness, #5 Exhibit Dumbrys Email regarding June 28, #6 Exhibit Dumbrys Email July 17, #7 Exhibit Documents sent July 1, #8 Exhibit Documents Sent July 1 pt 3, #9 Exhibit Email Thanking Dertke For Observing Nature of Cooperation, #10 Exhibit Madison's Supplement to State of Ohio's Discovery)(Dumbrys, Robert)
July 19, 2013 Opinion or Order Filing 233 Order. Defendants shall respond to the Motions to Show Cause by 7/25/2013 at 4:00 p.m. If Defendants fail to respond by the deadline, the Court will not consider any untimely filing, and will decide the show cause issue based upon Plaintiffs' motions and supporting briefs alone. (Related Doc #231 ). Judge Christopher A. Boyko on 7/19/2013.(H,CM)
July 19, 2013 Opinion or Order Filing 232 Supplemental Affidavit/Declaration of Alana R. Shockey filed by State of Ohio. Related document(s) #228 . (Attachments: #1 Exhibit A-1 (July 3, 2013 transmittal email) forwarded to Alana Shockey on July 18, 2013, #2 Exhibit A-2 (Madison/Route 20, LLC's Supplemental Objections and Responses))(Shockey, Alana) Modified text on 7/22/2013 (P,G).
July 18, 2013 Opinion or Order Filing 231 First Motion for leave to Respond to Plaintiff the United States and Plaintiff the State of Ohio's Motions to Show Cause Filed July 12, 2013 filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Related document(s) #227 , #228 . (Attachments: #1 Exhibit See Email of Daniel Dertke and Prior Correspondence dated July 12, #2 Exhibit See Emails Exchanged between Dumbrys Today, July 18, 2013 Pt 1, #3 Exhibit See Emails Exchanged between Dumbrys Today, July 18, 2013 Pt 2, #4 Exhibit P.S. Email of Dumbrys July 16, 2013 mislabeled date due to Computer error, #5 Exhibit P.S. Email of Dumbrys July 16, 2013 mislabeled date due to Computer error, #6 Exhibit Email of Dumbrys July 18, 2013, #7 Exhibit Dertke Read Receipt to Initial Reconciliation Email)(Dumbrys, Robert) Modified text on 7/22/2013 (P,G).
July 18, 2013 Opinion or Order Filing 230 Subpoena Returned Executed; served upon Owens Flooring Co. by Personal Service on 7/18/13 filed on behalf of United States of America (Paffilas, Steven)
July 18, 2013 Opinion or Order Filing 229 Subpoena Returned Executed; served upon DDR Corporation by Personal Service on 7/17/13 filed on behalf of United States of America (Paffilas, Steven)
July 12, 2013 Opinion or Order Filing 228 Motion to show cause filed by State of Ohio. (Attachments: #1 Exhibit A (Affidavit of Alana R. Shockey), #2 Exhibit A-1 (Transmittal email containing State's First Combined Discovery Requests), #3 Exhibit A-2 (State's First Combined Discovery Requests), #4 Exhibit A-3 (Email exchange regarding extensions of time to respond to the State's First Combined Discovery Requests), #5 Exhibit A-4 (Madison/Route 20, LLC's Objections and Responses to the State's First Combined Discovery Requests), #6 Exhibit A-5 (May 29, 2013 correspondence from the State to Madison/Route 20, LLC regarding deficiencies in discovery responses), #7 Proposed Order)(Shockey, Alana)
July 12, 2013 Opinion or Order Filing 227 Motion to show cause filed by Stephen H. Bales, Susan Hedman, Lisa P. Jackson, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, Stephen H. Bales, Stephen H. Bales, Susan Hedman, Susan Hedman, Lisa P. Jackson, Lisa P. Jackson, Meredith W.B. Temple, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States Environmental Protection Agency, United States of America, Plaintiff United States of America. (Attachments: #1 Memorandum in support of show cause motion, #2 Affidavit Dertke Declaration in support of motion, #3 Exhibit Attachment 1 (US 1st set of discovery to Madison), #4 Exhibit Attachment 2 (Madison response to US 1st set of discovery), #5 Exhibit Attachment 3 (US letter to Madison reL discovery deficiencies), #6 Exhibit Attachment 4 (Madison acknowledgement of US letter and US reminder), #7 Exhibit Attachment 5 (US 2nd set of discovery to Madison and to Osborne), #8 Exhibit Attachment 6 (US 1st set of discovery to Osborne Sr), #9 Exhibit Attachment 7 (2012 correspondence reL Osborne Sr disc. response), #10 Exhibit Attachment 8 (Osborne Sr Response to US 1st set of discovery), #11 Exhibit Attachment 9 (US letter to Osborne Sr. re: discovery deficiencies), #12 Exhibit Attachment 10 (May 2013 emails re: Osborne Sr responses), #13 Exhibit Attachment 11 (June 7 email from Osborne Sr counsel), #14 Exhibit Attachment 12 (June 12 email from Osborne Sr counsel), #15 Exhibit Attachment 13 (emails re: Osborne Sr illness), #16 Exhibit Attachment 14 (June 24-28 emails from counsel), #17 Exhibit Attachment 15 (Osborne Sr and Madison response to US 2nd set of discovery), #18 Exhibit Attachment 16 (July 2 responses to discovery), #19 Exhibit Attachment 17 (July 2013 emails re: Osborne Sr illness))(Dona, Amy) Modified attachments on 7/15/2013 (P,G).
July 11, 2013 Opinion or Order Filing 226 Notice of Substitution of Counsel, adding attorneys Andrea B. Daloia and Kyle G. Baker and removing attorney Robert S. Lewis filed by William R. Gray Associates, Inc.. (Haymond, Daniel) Modified text on 7/12/2013 (P,G).
July 8, 2013 Opinion or Order Filing 225 Motion for extension of time until July 12, 2013 to file show cause motion filed by Cross-Claimant State of Ohio. (Shockey, Alana)
July 8, 2013 Opinion or Order Order [non-document] granting Plaintiff United States' #224 Motion to Extend time until 7/12/2013 to file show cause motion; granting Plaintiff State of Ohio's #225 Motion for Extension of Time until 7/12/2013 to file show cause motion. Judge Christopher A. Boyko on 7/8/2013.(H,CM)
July 5, 2013 Opinion or Order Filing 224 Motion for extension of date to file show cause motion until July 12, 2013 filed by Stephen H. Bales, Susan Hedman, Lisa P. Jackson, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, Stephen H. Bales, Stephen H. Bales, Susan Hedman, Susan Hedman, Lisa P. Jackson, Lisa P. Jackson, Meredith W.B. Temple, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States Environmental Protection Agency, United States of America, Plaintiff United States of America. (Dona, Amy)
July 3, 2013 Opinion or Order Filing 223 Attorney Appearance by Cameron F. Simmons filed by on behalf of State of Ohio. (Simmons, Cameron)
July 2, 2013 Opinion or Order Filing 222 Order. The Court has reviewed the letter from the United States of America and the State of Ohio dated 6/28/2013 outlining Defendants' failure to timely respond to the discovery requests. The Court will entertain show cause motions by the United States and/or State of Ohio for sanctions against the non-compliant Defendants. Show cause motion(s) shall be filed by 7/9/2013. Defendants shall respond by 7/16/2013. Failure by Defendants to respond or show good cause will result in sanctions. Judge Christopher A. Boyko on 7/2/2013. (H,CM)
June 28, 2013 Opinion or Order Filing 221 Subpoena returned executed. Served upon Kenneth Gallion on 6/26/2013 by personal service filed by State of Ohio. (Emerman, David) Wrong event used resulting in incorrect docket text. Modified text and regenerated NEF on 7/1/2013. (P, S)
June 28, 2013 Opinion or Order Filing 220 Subpoena returned executed. Served upon David VanCuren on 6/26/13 by personal service. filed by State of Ohio. (Emerman, David) Wrong event used resulting in incorrect docket text. Modified text and regenerated NEF on 7/1/2013 (P, S).
June 28, 2013 Opinion or Order Filing 219 Subpoena returned executed. Served upon DB Bentley Excavating, Inc. on 6/26/13 by personal service. filed by State of Ohio. (Emerman, David) Wrong event used resulting in incorrect docket text. Modified text and regenerated NEF on 7/1/2013 (P, S).
June 25, 2013 Opinion or Order Filing 218 Subpoena Returned Executed; served upon PNC Bank by Hand Delivery on 6/25/2013 filed on behalf of Stephen H. Bales, Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Susan Hedman(in her official capacity as Administrator, Region 5, United States Environmental Protection Agency), Lisa P. Jackson, Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America (Dona, Amy) Modified date on 6/26/2013 (P,G).
June 25, 2013 Opinion or Order Filing 217 Subpoena Returned Executed; served upon FirstMerit Corporation by Hand Delivery on 6/18/2013 filed on behalf of Stephen H. Bales, Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Susan Hedman(in her official capacity as Administrator, Region 5, United States Environmental Protection Agency), Lisa P. Jackson, Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America (Dona, Amy)
June 25, 2013 Opinion or Order Filing 216 Subpoena Returned Executed; served upon Robert Rolan by Certified Mail on June 19, 2013 filed on behalf of State of Ohio (Shockey, Alana)
June 25, 2013 Opinion or Order Filing 215 Subpoena Returned Executed; served upon Westwork Architectual Studio, Inc. by Certified Mail on June 20, 2013 filed on behalf of State of Ohio (Shockey, Alana)
June 25, 2013 Opinion or Order Filing 214 Subpoena Returned Executed; served upon Westwork Architectural Studio, Inc. by Certified Mail on June 20, 2013 filed on behalf of State of Ohio (Shockey, Alana)
June 24, 2013 Opinion or Order Order [non-document] granting Defendants Richard Osborne and Madison/Route 20's Motion for extension to respond to discovery (Related Doc #213 ); no further extensions. Response is due by noon on 6/28/2013; Plaintiffs to fax the Court by 4:00 p.m. if Defendants have not complied. Judge Christopher A. Boyko on 6/24/2013.(H,CM)
June 21, 2013 Opinion or Order Filing 213 Renewed Motion to respond to plaintiffs second set of interrogatories until June 28, 2013 filed by Madison/Route 20, LLC, Richard M. Osborne, Sr. Related document(s) #212 . (Dumbrys, Robert) Modified text on 6/24/2013 (P,G).
June 19, 2013 Opinion or Order Order [non-document] granting Defendant Madison/Route 20 and Richard M. Osborne's #212 Motion for Leave to file Answer to First Amended Claims, instanter. Judge Christopher A. Boyko on 6/19/2013.(H,CM)
June 18, 2013 Opinion or Order Filing 212 Motion for leave until 6/18/2013 to answer State of Ohio's First Amended Claims, Instanter filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Madison/Route 20, LLC, Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr., Madison/Route 20, LLC, Richard M. Osborne, Sr.. Related document(s) #205 , #192 , #207 . (Attachments: #1 Exhibit Answer and Affirmative Defenses of Madison Route 20, LLC and Richard M. Osborne Individually and as Trustee to the State of Ohio's First Amended Claims, Instanter)(Dumbrys, Robert) Modified text on 6/20/2013 (P,G).
June 18, 2013 Opinion or Order Filing 211 Subpoena Returned Executed; served upon Home Savings & Loan Co. of Youngstown, OH by Personal Service on 6/17/2013 filed on behalf of United States of America (Paffilas, Steven)
June 18, 2013 Opinion or Order Filing 210 Subpoena Returned Executed; served upon Huntington Bancshares, Inc. by Personal Service on 6/17/2013 filed on behalf of United States of America (Paffilas, Steven)
June 17, 2013 Opinion or Order Filing 209 Attorney Appearance by David E. Emerman filed by on behalf of State of Ohio. (Emerman, David)
June 17, 2013 Opinion or Order Filing 208 Attorney Appearance by Molly J. Patterson filed by on behalf of State of Ohio. (Patterson, Molly)
June 17, 2013 Opinion or Order Filing 207 Order re #205 Answer filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., and #206 Motion for leave to extend time to Respond to Second Sets of Interrogatories Issued by the United States to Defendant Madison/Route 20, LLC and Interrogatories and Requests for Production to Defendant Richard M. Osborne filed by Madison/Route 20, LLC, Richard M. Osborne, Sr. The Answer and Affirmative Defenses of Defendants, Richard M. Osborne, Sr. and Madison/Route 20, LLC, to the First Amended Claims of the State of Ohio (ECF DKT # 205) was filed out-of-rule and without leave of Court; and is, therefore, STRICKEN. The Motion (ECF DKT #206) of Defendants, Richard M. Osborne, Individually and as Trustee of the Richard M. Osborne Trust, and Madison/Route 20, LLC, for Extension of Time to Respond to United States Second Set of Interrogatories and Requests for Production is GRANTED IN PART only. On or before 12:00 noon on June 24, 2013, Defendants Osborne and Madison shall supplement the United States First Requests; shall respond to the State of Ohio's discovery requests; and shall respond to the United States' Second Set of Interrogatories and Requests for Production. Plaintiffs, United States and State of Ohio, shall fax the Court, by 4:00 p.m. on June 24, 2013, if these Defendants have not complied.. Judge Christopher A. Boyko on 6/17/2013. (R,D)
June 17, 2013 Opinion or Order Minutes of proceedings[non-document] before Judge Christopher A. Boyko.Telephone Status Conference held on 6/17/2013. Paries advised the Court of progress of discovery. Fact Discovery cut-off remains 8/16/2013. Settlement Conference remains scheduled for 8/19/2013 at 2:00 PM. Time: 30 minutes. (R,D)
June 14, 2013 Opinion or Order Filing 206 Motion for leave to extend time to Respond to Second Sets of Interrogatories Issued by the United States to Defendant Madison/Route 20, LLC and Interrogatories and Requests for Production to Defendant Richard M. Osborne filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Madison/Route 20, LLC, Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr., Madison/Route 20, LLC, Richard M. Osborne, Sr.. (Dumbrys, Robert)
June 14, 2013 Opinion or Order Filing 205 STRICKEN Answer and affirmative defenses to Amended complaint with jury demand filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. Related document(s) #192 . (Dumbrys, Robert) Modified on 6/17/2013 (R,D).
June 13, 2013 Opinion or Order Filing 204 Subpoena Returned Executed; served upon Patrick Duncan by Personal Service on June 12, 2013 filed on behalf of State of Ohio (Shockey, Alana)
June 12, 2013 Opinion or Order Filing 203 Address Change Notice by Daniel R. Dertke filed by on behalf of Stephen H. Bales, Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Susan Hedman(in her official capacity as Administrator, Region 5, United States Environmental Protection Agency), Lisa P. Jackson, Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America. (Dertke, Daniel)
June 5, 2013 Opinion or Order Filing 202 Notice of Intent to Issue Subpoena filed by Stephen H. Bales, Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Susan Hedman(in her official capacity as Administrator, Region 5, United States Environmental Protection Agency), Lisa P. Jackson, Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America. (Attachments: #1 RFPA Notice of Intent to Issue Subpoenas, #2 Subpoenas, #3 RFPA Template Motion to Quash)(Dona, Amy)
May 14, 2013 Opinion or Order Filing 201 Answer and Affirmative Defenses filed by J.T.O., Inc.. Related document(s) #192 . (DeGulis, Gregory)
May 8, 2013 Opinion or Order Filing 200 Answer and affirmative defenses to #192 Amended complaint with jury demand filed by Midway Industrial Campus Co., Ltd.. (Wolfe, Leslie) Modified text on 5/10/2013 (P,G).
May 7, 2013 Opinion or Order Filing 199 Answer to #192 Amended complaint filed by Naylor Family Partnership. (Koesel, Margaret)
May 1, 2013 Opinion or Order Filing 198 Attorney Appearance by Erik J. Wineland filed by on behalf of City of Willoughby, Ohio. (Wineland, Erik)
May 1, 2013 Opinion or Order Filing 197 Attorney Appearance by Robert H. Eddy, III filed by on behalf of City of Willoughby, Ohio. (Eddy, Robert)
May 1, 2013 Opinion or Order Order [non-document] granting Defendant Madison Route 20's Motion for final extension of time until 5/6/2013 to respond to discovery requests (Related Doc #195 ). Judge Christopher A. Boyko on 5/1/2013.(H,CM)
April 30, 2013 Opinion or Order Filing 196 Answer and defenses to #192 Amended complaint of the State of Ohio filed by City of Willoughby, Ohio. (Johnson, Andrew) Modified text on 5/2/2013 (P,G).
April 30, 2013 Opinion or Order Filing 195 Unopposed Motion for leave (Final) to respond to State of Ohio's First Set of Combined Discovery filed by Madison/Route 20, LLC. (Dumbrys, Robert) Modified text on 5/2/2013 (P,G).
April 24, 2013 Opinion or Order Filing 194 Answer to Counterclaim of Defendants Richard M. Osborne, Sr. and Madison/Route 20 LLC filed by Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Susan Hedman(in her official capacity as Administrator, Region 5, United States Environmental Protection Agency), Lisa P. Jackson(in her official capacity as Administrator, United States Environmental Protection Agency), Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America. Related document(s) #109 . (Dertke, Daniel)
April 24, 2013 Opinion or Order Filing 193 Answer to Counterclaim of Defendant Midway Industrial Campus, Ltd. filed by Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Susan Hedman(in her official capacity as Administrator, Region 5, United States Environmental Protection Agency), Lisa P. Jackson(in her official capacity as Administrator, United States Environmental Protection Agency), Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America. Related document(s) #106 . (Dertke, Daniel)
April 23, 2013 Opinion or Order Filing 192 First Amended complaint against City of Willoughby, Ohio, J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Naylor Family Partnership, Richard M. Osborne, Sr.. Filed by State of Ohio. (Shockey, Alana)
April 23, 2013 Opinion or Order Filing 191 Notice of Substitution of Counsel of Daniel M. Haymond in substitution for Laura A. Hauser filed by William R. Gray Associates, Inc.. (Lewis, Robert) Modified text on 4/24/2013 (P,G).
April 18, 2013 Opinion or Order Order [non-document] granting Plaintiff State of Ohio's Motion for leave to file amended claims (Related Doc #181 ). First Amended Complaint shall be filed by 4/25/2013. Judge Christopher A. Boyko on 4/18/2013.(H,CM)
April 18, 2013 Opinion or Order Order [non-document] granting Defendant Madison Route 20's Motion for extension of time until 4/30/2013 to respond to State of Ohio's discovery requests (Related Doc #190 ). Judge Christopher A. Boyko on 4/18/2013.(H,CM)
April 16, 2013 Opinion or Order Filing 190 Unopposed Motion for extension of time until April 30, 2013 to respond to State of Ohio's First Set of Combined Discovery, filed by Madison/Route 20, LLC, Madison/Route 20, LLC, Defendant Madison/Route 20, LLC. (Dumbrys, Robert) Modified text on 4/17/2013 (S,HR).
April 15, 2013 Opinion or Order Filing 189 Settlement Conference Order. Judge Christopher A. Boyko on 4/15/2013. (H,CM)
April 15, 2013 Opinion or Order Order [non-document] granting Joint #188 Motion to Extend Deadlines. Fact Discovery due by 8/16/2013; Expert reports due by 8/30/2013 and 11/1/2013 with any rebuttal reports due by 12/18/2013; Expert Discovery due by 1/31/2014; Dispositive Motions due by 2/28/2014. Case is re-designated to Complex Track. Judge Christopher A. Boyko on 4/15/2013.(H,CM)
April 15, 2013 Opinion or Order Notice [non-document] of Telephone Status Conference set for 6/17/2013 at 10:30 AM before Judge Christopher A. Boyko. Plaintiff's counsel shall initiate conference with all counsel and contact the Court at 216-357-7151. (H,CM)
April 15, 2013 Opinion or Order Notice [non-document] of Settlement Conference set for 8/19/2013 at 02:00 PM in Chambers 15B before Judge Christopher A. Boyko. Lead counsel and parties with full authority shall attend and comply with the Court's Settlement Conference Order. (H,CM)
April 12, 2013 Opinion or Order Filing 188 Joint Motion for extension of Joint Motion of All Parties to Reset Deadlines filed by City of Willoughby, Ohio, J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Naylor Family Partnership, Richard M. Osborne, Sr., State of Ohio, 3rd Pty Defendant William R. Gray Associates, Inc.. (Wolfe, Leslie)
April 11, 2013 Opinion or Order Order [non-document] granting United States' #187 Motion for Extension of Time until 4/24/2013 to file response to Counterclaims. Judge Christopher A. Boyko on 4/11/2013.(H,CM)
April 10, 2013 Opinion or Order Filing 187 Unopposed Motion for extension of time until April 24, 2013 to answer counterclaims, filed by Stephen H. Bales, Stephen H. Bales, Susan Hedman, Susan Hedman, Lisa P. Jackson, Lisa P. Jackson, Meredith W.B. Temple, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States Environmental Protection Agency, United States of America. (Dertke, Daniel)
April 8, 2013 Opinion or Order Filing 186 Answer to Cross-Claims of Defendants Richard M. Osborne, Sr. and Madison/Route 20 LLC filed by William R. Gray Associates, Inc.. Related document(s) #111 . (Lewis, Robert)
April 8, 2013 Opinion or Order Filing 185 Answer to Cross-Claims of Defendant Midway Industrial Campus, Ltd. filed by William R. Gray Associates, Inc.. Related document(s) #108 . (Lewis, Robert)
April 8, 2013 Opinion or Order Filing 184 Answer to Cross-Claim of Defendant J.T.O., Inc. filed by William R. Gray Associates, Inc.. Related document(s) #117 . (Lewis, Robert)
April 8, 2013 Opinion or Order Filing 183 Answer to Cross-Claim of Defendant J.T.O., Inc. filed by William R. Gray Associates, Inc.. Related document(s) #118 . (Lewis, Robert)
April 2, 2013 Opinion or Order Order [non-document] granting Defendant Madison Route 20's unopposed Motion for extension of time until 4/15/2013 to respond to discovery (Related Doc #182 ). Judge Christopher A. Boyko on 4/2/2013.(H,CM)
April 1, 2013 Opinion or Order Filing 182 Unopposed Motion for leave to respond to State of Ohio's First Set of Combined Discovery filed by Counter-Claimant Madison/Route 20, LLC, Madison/Route 20, LLC, Madison/Route 20, LLC, Defendant Madison/Route 20, LLC. (Dumbrys, Robert)
March 27, 2013 Opinion or Order Filing 181 Motion Leave to File First Amended Claims filed by Defendant State of Ohio, Cross-Claimant State of Ohio. Related document(s) #2 . (Attachments: #1 Exhibit A - First Amended Claims, #2 Exhibit B - Proposed Order)(Shockey, Alana)
March 27, 2013 Opinion or Order Filing 180 Opinion and Order. Plaintiff United States of America's Motion to Dismiss Defendants' Counterclaims (Related doc #147 ) is granted in part and denied in part. The First, Third, and Fourth Claims for Relief are dismissed, pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief may be granted. The Second Claim for Relief remains pending for further adjudication. Judge Christopher A. Boyko on 3/27/2013. (H,CM)
March 26, 2013 Opinion or Order Filing 179 Opinion and Order. Third Party Defendant William R Gray Associates' Motion to Dismiss Cross-Claim of Defendant JTO, Inc. based upon implied contract of indemnity (Related doc #135 ) is denied. Judge Christopher A. Boyko on 3/26/2013. (H,CM)
March 25, 2013 Opinion or Order Filing 178 Opinion and Order. Third-Party Defendant William R. Gray Associates' Motion to Dismiss Cross-Claims of Defendant Midway Industrial Campus (Related doc #129 ) is granted as to Count One and Count Three only. Count Two, sounding in Contribution, remains pending for further proceedings. Judge Christopher A. Boyko on 3/25/2013. (H,CM)
March 25, 2013 Opinion or Order Filing 177 Opinion and Order. Third-Party Defendant William R. Gray Associates' Motion to Dismiss Cross-Claims of Defendants Richard M. Osborne, Sr. and Madison/Route 20 (Related doc #128 ) is granted as to Count One and Count Three only. Count Two, sounding in Contribution, remains pending for further proceedings. Judge Christopher A. Boyko on 3/25/2013. (H,CM)
March 20, 2013 Opinion or Order Filing 176 Subpoena Returned Executed; served upon CT Consultants, Inc. by hand delivery on 3/18/13 filed on behalf of Midway Industrial Campus Co., Ltd. (Wolfe, Leslie)
March 18, 2013 Opinion or Order Filing 175 Notice of Issuance of Subpoena for Production of Documents to CT Consultants, Inc. filed by Midway Industrial Campus Co., Ltd.. (Attachments: #1 Exhibit A - Subpoena)(Wolfe, Leslie)
January 30, 2013 Opinion or Order Order [non-document] granting Defendant Osborne's unopposed #174 Motion to extend time until 1/29/2013 to respond to discovery requests; no further extensions. Judge Christopher A. Boyko on 1/30/2013.(H,CM)
January 29, 2013 Opinion or Order Filing 174 Unopposed Motion for extension of time to answer First Set of Combined Discovery Propounded by the United States until January 29, 2012 filed by Richard M. Osborne, Sr., Richard M. Osborne, Sr., Defendant Richard M. Osborne, Sr., Counter-Claimant Richard M. Osborne, Sr.. (Dumbrys, Robert) Modified text on 1/30/2013 (P,G).
January 2, 2013 Opinion or Order Order [non-document] granting Defendant Osborne's unopposed #173 Motion to Extend time until 12/31/2012 to respond to discovery requests. Judge Christopher A. Boyko on 1/2/2013.(H,CM)
December 27, 2012 Opinion or Order Filing 173 Unopposed Motion for extension of time to answer First Set of Combined Discovery Propounded by the United States until December 27, 2012 as to RFA's and December 31, 2012 as to Remaining Discovery filed by Richard M. Osborne, Sr., Richard M. Osborne, Sr., Defendant Richard M. Osborne, Sr., Counter-Claimant Richard M. Osborne, Sr.. (Attachments: #1 Exhibit "A" Osborne's Responses to the United States First Requests for Admission)(Dumbrys, Robert) Modified text on 12/28/2012 (P,G).
November 29, 2012 Opinion or Order Filing 172 Notice of parties' Stipulation for Extension of Time for Defendant Midway Industrial Campus Co., Ltd. to respond to combined discovery requests propounded by Plaintiff State of Ohio filed by Midway Industrial Campus Co., Ltd., State of Ohio. (Wolfe, Leslie) Modified text on 11/29/2012 (H,CM).
November 9, 2012 Opinion or Order Order [non-document] denying Midway Industrial's Motion for leave to file surreply (Related Doc #170 ); the Court has all the information it needs to rule. Judge Christopher A. Boyko on 11/9/2012.(H,CM)
November 8, 2012 Opinion or Order Filing 171 Opposition to #170 Motion for leave to file Surreply Brief in Opposition to United States' Motion to Dismiss Counterclaims filed by United States of America. (Dertke, Daniel)
November 8, 2012 Opinion or Order Filing 170 Motion for leave to file Surreply Brief in Opposition to United States' #147 Motion to Dismiss Counterclaims filed by Counter-Claimant Midway Industrial Campus Co., Ltd.. (Clay, Darrell) Modified on 11/9/2012 to create link (P,G).
October 16, 2012 Opinion or Order Filing 169 Reply memorandum in support of #147 Motion to dismiss for lack of jurisdiction and Motion to dismiss for failure to state a claim filed by United States of America. (Dertke, Daniel) Modified text on 10/17/2012 (P,G).
October 5, 2012 Opinion or Order Order [non-document] granting Plaintiff's unopposed #168 Motion for Extension of Time until 10/16/2012 to file reply in support of motion to dismiss. Judge Christopher A. Boyko on 10/5/2012.(H,CM)
October 4, 2012 Opinion or Order Filing 168 Unopposed Motion for extension of time until 10/16/2012 to file response/reply to #147 Motion to dismiss for lack of jurisdiction Motion to dismiss for failure to state a claim filed by Plaintiff United States of America. Related document(s) #147 . (Dertke, Daniel)
September 28, 2012 Opinion or Order Order [non-document] granting Plaintiff's unopposed #167 Motion for Extension of Time until 10/16/2012 to file reply in support of motion to dismiss. Judge Christopher A. Boyko on 9/28/2012.(H,CM)
September 27, 2012 Opinion or Order Filing 167 Unopposed Motion for extension of time until 10/16/2012 to file response/reply to #147 Motion to dismiss for lack of jurisdiction Motion to dismiss for failure to state a claim filed by Plaintiff United States of America. (Dertke, Daniel)
September 18, 2012 Opinion or Order Filing 166 Response to #147 Motion to dismiss counterclaims for lack of jurisdiction and Motion to dismiss for failure to state a claim (CORRECTED) filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Attachments: #1 Exhibit "A" to Osborne and Madison's Response to United States Motion to Dismiss (Letter), #2 Exhibit "B" to Osborne and Madison Response to United States Motion to Dismiss (Example of Continued interpretation of 1987 Manual))(Dumbrys, Robert) Modified text on 9/19/2012 (P,G).
September 17, 2012 Opinion or Order Filing 165 FILING ERROR, wrong cover page uploaded. Response to #147 Motion to dismiss for lack of jurisdiction Motion to dismiss for failure to state a claim , #161 Unopposed Motion for extension of time until 9/15/2012 to respond to United States' motion to dismiss counterclaims filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Attachments: #1 Exhibit Exhibit B to Osborne and Madison Response to United States Motion to Dismiss, #2 Exhibit Exhibit "A" Letter Osborne and Madison Response to United States Motion to Dismiss)(Dumbrys, Robert) Modified on 9/18/2012 to note filing error (P,G).
September 13, 2012 Opinion or Order Order [non-document] granting in part Defendant Midway's Motion to exceed page limitations (Related Doc #163 ); brief limited to 25 pages only. Judge Christopher A. Boyko on 9/13/2012.(H,CM)
September 12, 2012 Opinion or Order Filing 164 Brief in Opposition to #147 Motion to dismiss for lack of jurisdiction and Motion to dismiss for failure to state a claim filed by Midway Industrial Campus Co., Ltd.. (Attachments: #1 Exhibit EPA Memo)(Cascarilla, Ralph) Modified text on 9/13/2012 (P,G).
September 11, 2012 Opinion or Order Filing 163 Motion for leave to exceed page limitations for Brief in Opposition to Motion to Dismiss Counterclaims with Incorporated Memorandum in Support filed by Defendant Midway Industrial Campus Co., Ltd.. Related document(s) #147 . (Cascarilla, Ralph)
August 30, 2012 Opinion or Order Order [non-document] granting Plaintiff United States' #159 Motion to Extend Deadlines; Fact Discovery due by 5/1/2013; Expert Discovery due by 10/15/2013; Dispositive Motions due by 11/15/2013. Judge Christopher A. Boyko on 8/30/2012.(H,CM)
August 30, 2012 Opinion or Order Order [non-document] granting Defendant Richard Osborne's unopposed Motion for extension of time until 9/15/2012 to respond to motion to dismiss counterclaims (Related Doc #161 ); granting Defendant Madison Route 20's unopposed Motion for extension of time until 9/15/2012 to respond to motion to dismiss counterclaims (Related Doc #162 ). Judge Christopher A. Boyko on 8/30/2012.(H,CM)
August 29, 2012 Opinion or Order Filing 162 Unopposed Motion for extension of time until September 15, 2012 to respond to United States' Motion to Dismiss Counterclaims filed by Madison/Route 20, LLC. Related document(s) #147 , #160 , #155 . (Dumbrys, Robert) Modified text on 8/31/2012 (P,G).
August 29, 2012 Opinion or Order Filing 161 Unopposed Motion for extension of time until 9/15/2012 to respond to United States' motion to dismiss counterclaims filed by Richard M. Osborne, Sr., Richard M. Osborne, Sr., Defendant Richard M. Osborne, Sr., Counter-Claimant Richard M. Osborne, Sr.. Related document(s) #147 , #155 . (Dumbrys, Robert) Modified text on 8/31/2012 (P,G).
August 29, 2012 Opinion or Order Filing 160 FILED IN ERROR -- see document #162 . Unopposed Motion for leave filed by Counter-Claimant Madison/Route 20, LLC, Madison/Route 20, LLC, Madison/Route 20, LLC, Defendant Madison/Route 20, LLC. Related document(s) #147 , #154 . (Dumbrys, Robert) Modified on 8/30/2012 (H,CM).
August 28, 2012 Opinion or Order Filing 159 Motion for extension of Fact and Expert Discovery and Dispositive Motions until May 1, 2013; October 15, 2013; November 15, 2013 filed by Plaintiff United States of America. (Dertke, Daniel)
August 27, 2012 Opinion or Order Order [non-document] granting Defendant Midway Industrial's unopposed #158 Motion to Extend time until 9/12/2012 to respond to motion to dismiss counterclaims. Judge Christopher A. Boyko on 8/27/2012.(H,CM)
August 24, 2012 Opinion or Order Filing 158 Unopposed Motion for extension of time to file Brief in Opposition to United States' #147 Motion to Dismiss Counterclaims until 9/12/2012 filed by Defendant Midway Industrial Campus Co., Ltd.. (Clay, Darrell) Modified text on 8/27/2012 and created link to motion (P,G).
August 16, 2012 Opinion or Order Filing 157 Subpoena Returned Executed; served upon Great Lakes Parkway, LLC by personal service through assistant to Richard M. Osborne on 8/9/2012 filed on behalf of State of Ohio (B,B)
August 16, 2012 Opinion or Order Filing 156 Subpoena Returned Executed; served upon Cleveland Electric Illuminating Company by personal service through Annette Lusty on 8/9/2012 filed on behalf of State of Ohio. (B,B)
July 30, 2012 Opinion or Order Order [non-document] granting Defendant Madison Route 20's Motion for extension of time until 8/30/2012 to respond to motion to dismiss counterclaims (Related Doc #154 ); granting Defendant Richard Osborne's Motion for extension of time until 8/30/2012 to respond to motion to dismiss counterclaims (Related Doc #155 ). Judge Christopher A. Boyko on 7/30/2012.(H,CM)
July 27, 2012 Opinion or Order Filing 155 Unopposed Motion for extension of time until 8/30/12 to respond to #147 United States' motion to dismiss counterclaims filed by Richard M. Osborne, Sr., Individually and as Trustee of the Richard M. Osborne Trust. (Dumbrys, Robert) Modified text and linked to motion on 7/30/2012 (P, S).
July 27, 2012 Opinion or Order Filing 154 Unopposed Motion for extension of time until 8/30/12 to respond to #147 United States' motion to dismiss counterclaims filed by Counter-Claimant Madison/Route 20, LLC, Madison/Route 20, LLC, Madison/Route 20, LLC, Defendant Madison/Route 20, LLC. (Dumbrys, Robert) Modified text and linked to motion on 7/30/2012 (P, S).
July 27, 2012 Opinion or Order Order [non-document]granting #153 Unopposed Motion of Midway Industrial Campus, Co. LTD. for extension of time until 8/29/12 to Respond to United States' Motion to Dismiss Counterclaims. Judge Christopher A. Boyko on 7/27/2012.(R,D)
July 26, 2012 Opinion or Order Filing 153 Unopposed Motion for extension of time until 8/29/12 to Respond to United States' Motion to Dismiss Counterclaims filed by Defendant Midway Industrial Campus Co., Ltd.. (Related document #147 ) (Cascarilla, Ralph) Modified on 7/27/2012 to create link (P,G).
July 26, 2012 Opinion or Order Filing 152 Notice of Service of Rule 26 Initial Disclosures on July 26, 2012 filed by City of Willoughby, Ohio. (Mitchell, Wade) Modified text on 7/27/2012 (P,G).
July 25, 2012 Opinion or Order Filing 151 Notice of Service of First Set of Combined Interrogotories, Requests for Admission, and Requests for Documents Propounded Upon Plaintiff The State of Ohio filed by Madison/Route 20, LLC. (Dumbrys, Robert) Modified text on 7/26/2012 (P,G).
July 13, 2012 Opinion or Order Filing 150 Madison Route 20 LLC's First Set of Combined Interrogatories, Requests for Admission, and Requests for Production of Documents Propounded upon Plaintiff the United States filed by Madison/Route 20, LLC. (Attachments: #1 Exhibit A to Madison's Discovery Requests to the United States)(Dumbrys, Robert) Modified on 7/16/2012 to remove double wording (P,G).
July 9, 2012 Opinion or Order Filing 149 First Madison Route 20's First Set of Combined Interrogatories, Requests for Admission, and Requests for Production of Documents Propounded upon Defendant the City of Willoughby filed by Madison/Route 20, LLC. (Attachments: #1 Exhibit "A" Cease and Desist, #2 Exhibit "B" Cease and Desist)(Dumbrys, Robert) Modified on 7/10/2012 to remove double wording (P,G).
July 3, 2012 Opinion or Order Filing 148 Reply brief in support of #135 Motion to dismiss for failure to state a claim filed by William R. Gray Associates, Inc.. (Lewis, Robert) Modified text on 7/5/2012 (P,G).
June 27, 2012 Opinion or Order Filing 147 Motion to dismiss for lack of jurisdiction, Motion to dismiss for failure to state a claim filed by Stephen H. Bales, Susan Hedman, Lisa P. Jackson, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, United States of America. Related document(s) #109 , #106 . (Attachments: #1 Brief in Support, #2 Exhibit A (1987 Wetlands Manual))(Dertke, Daniel) Modified text on 6/28/2012 (P,G).
June 25, 2012 Opinion or Order Filing 146 Return of Service by Clerk by certified mail executed upon Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers), on 6/14/2012 filed on behalf of Midway Industrial Campus Co., Ltd. (P,G)
June 25, 2012 Opinion or Order Filing 145 Reply brief in support of #135 Motion to dismiss for failure to state a claim filed by William R. Gray Associates, Inc.. (Lewis, Robert) Modified text on 6/26/2012 (P,G).
June 21, 2012 Opinion or Order Filing 144 Return of Service by Clerk by certified mail executed upon United States Department of the Army United States Army Corps of Engineers on 6/4/2012, filed on behalf of Midway Industrial Campus Co., LTD (E,P) Modified filers on 6/25/2012 (P,G).
June 21, 2012 Opinion or Order Filing 143 Return of Service by Clerk by certified mail executed upon Major General Meredith W.B. Temple(in his official capacity as Acting Chief of Engineers, United States Army Corps of Engineers on 6/4/12 filed on behalf of Richard M. Osborne, Sr., Madison/Route 20, LLC (E,P) (Main Document 143 replaced on 6/25/12 filing correct summons) (M,V). Modified filers on 6/25/2012 (P,G).
June 21, 2012 Opinion or Order Filing 142 Memorandum in Opposition to #129 Motion to dismiss Midway Industrial Campus, Ltd.'s Cross-Claims (Wm. R. Gray Associates, Inc.) filed by Midway Industrial Campus Co., Ltd.. (Cascarilla, Ralph) Modified text on 6/25/2012 (P,G).
June 21, 2012 Opinion or Order Filing 141 Return of Service by Clerk by certified mail executed upon United States Department of the Army United States Army Corps of Engineers on 6/4/2012 filed on behalf of Richard M. Osborne, Sr., Madison/Route 20, LLC (E,P) (Main Document 141 replaced on 6/25/12 filing correct summons) (M,V). Modified filers on 6/25/2012 (P,G).
June 19, 2012 Opinion or Order Order [non-document] granting Defendant Midway Industrial's unopposed #140 Motion to Extend time until 6/22/2012 to respond to motion to dismiss cross-claims. Judge Christopher A. Boyko on 6/19/2012.(H,CM)
June 18, 2012 Opinion or Order Filing 140 Unopposed Motion for extension of Time until June 22, 2012 to Respond to William R. Gray Associates, Inc.'s Motion to Dismiss Cross-Claims until 6/22/12 filed by Defendant Midway Industrial Campus Co., Ltd.. Related document(s) #129 . (Cascarilla, Ralph) Modified text on 6/19/2012 (P,G).
June 15, 2012 Opinion or Order Filing 139 Reply in support of #128 Motion to dismiss Richard M. Osborne, Sr. and Madison/Route 20, LLC's Cross-Claims filed by William R. Gray Associates, Inc.. (Lewis, Robert) Modified text on 6/19/2012 (P,G).
June 13, 2012 Opinion or Order Filing 138 Brief in Opposition to #135 Motion to Dismiss Cross-Claims for failure to state a claim filed by J.T.O., Inc.. (Doyle, William) Modified text on 6/14/2012 (P,G).
June 8, 2012 Opinion or Order Filing 137 Certified mail receipt returned, addressed to Eric Holder, Jr., Attorney General of the United States and delivered on behalf of Richard Osborne, Madison/Route 20 on 5/15/2012. (no summons provided) (M,V)
June 1, 2012 Opinion or Order Filing 136 Memorandum in Opposition to #128 Motion to dismiss Richard M. Osborne, Sr. and Madison/Route 20, LLC's Cross-Claims filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Dumbrys, Robert)
May 23, 2012 Opinion or Order Filing 135 Motion to dismiss the Cross-Claims for failure to state a claim filed by 3rd Pty Defendant William R. Gray Associates, Inc.. (Lewis, Robert) Modified text on 5/24/2012 (P,G).
May 22, 2012 Opinion or Order Filing 134 Certified mail receipt returned addressed to the Attorney General of the United States executed on 5/9/12 filed on behalf of Midway Industrial Campus Co., Ltd. (E,P) (Main Document 134 replaced with green card as no summons provided on 6/8/12) (M,V).
May 22, 2012 Opinion or Order Filing 133 Return of Service by Clerk by certified mail executed on the United States Environmental Protection Agency on 5/15/2012 on behalf of Madison/Route 20, LLC and Richard M. Osborne,Sr. Return of Service by Clerk by certified mail executed upon Lisa P. Jackson on 5/15/2012 on behalf of Midway Industrial Campus Co., Ltd. (E,P) Modified filers on 5/23/12 (P,G). (Main Document 133 replaced on 6/8/12 filing correct summons) (M,V).
May 22, 2012 Opinion or Order Filing 132 Return of Service by Clerk executed upon Susan Hedman by certified mail on 5/9/2012 filed on behalf of Madison/Route 20, LLC, Richard M. Osborne, Sr. (B,B)
May 22, 2012 Opinion or Order Filing 131 FILED IN ERROR Certified mail receipt returned addressed to Attorney Matthew R. Oakes, delivered on 5/14/12.(E,P) (Main Document 131 replaced on 5/22/2012) (C,KA).(E,P). Modified marking as filing error on 6/7/12 (M,V).
May 22, 2012 Opinion or Order Filing 130 Return of Service by Clerk by certified mail executed upon Lisa P. Jackson on 5/14/2012, filed on behalf of Madison/Route 20, LLC and Richard M. Osborne, Sr. (E,P) Modified filers on 5/23/2012 (P,G).
May 21, 2012 Opinion or Order Order [non-document] granting attorneys Richard Blake, Frank Merrill and Robert James' renewed Motion to withdraw as counsel for Defendants Richard Osborne, Sr. and Madison/Route 20 (Related Doc #126 ). Judge Christopher A. Boyko on 5/21/2012.(H,CM)
May 18, 2012 Opinion or Order Filing 129 Motion to dismiss Midway Industrial Campus, Ltd.'s #108 Cross-Claims filed by 3rd Pty Defendant William R. Gray Associates, Inc.. (Lewis, Robert) Modified on 5/22/2012 to create link (P,G).
May 18, 2012 Opinion or Order Filing 128 Motion to dismiss Richard M. Osborne, Sr. and Madison/Route 20, LLC's #111 Cross-Claims filed by 3rd Pty Defendant William R. Gray Associates, Inc.. (Lewis, Robert) Modified on 5/22/2012 to create link (P,G).
May 17, 2012 Opinion or Order Filing 127 Return of Service by Clerk by Certified Mail executed upon Lieutenant Colonel Stephen H. Bales on 5/14/2012 filed on behalf Midway Industrial Campus Co., Ltd (B,R) (Summons replaced on 6/8/2012) (M,V).
May 16, 2012 Opinion or Order Filing 126 Renewed Motion by Richard H. Blake, Frank L. Merrill, and Robert K. James to withdraw as attorney filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Madison/Route 20, LLC, Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr., Madison/Route 20, LLC, Richard M. Osborne, Sr.. (James, Robert)
May 16, 2012 Opinion or Order Filing 125 Attorney Appearance by Robert D. Dumbrys filed by on behalf of Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (Dumbrys, Robert)
May 16, 2012 Opinion or Order Order [non-document] denying Motion to withdraw as attorney (Related Doc #124 ). Counsel has not provided any reason for withdrawal and no other counsel appears on docket. Judge Christopher A. Boyko on 5/16/2012.(H,CM)
May 15, 2012 Opinion or Order Filing 124 Motion by Richard H. Blake, Frank L. Merrill, and Robert K. James to withdraw as attorney filed by Madison/Route 20, LLC, Richard M. Osborne, Sr., Madison/Route 20, LLC, Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr., Madison/Route 20, LLC, Richard M. Osborne, Sr.. (James, Robert)
May 15, 2012 Opinion or Order Filing 123 Return of Service by Clerk by certified mail executed upon Stephen H. Bales, no date of service indicated on green card, filed on behalf of Madison/Route 20, LLC, Richard M. Osborne, Sr. (K,K) Modified filer on 6/7/12 (M,V).
May 15, 2012 Opinion or Order Filing 122 Subpoena Returned Executed; served upon Officer, managing or general agent, or other agent authorized by appointment or by law to receive sercvice of process of Greak Lakes Parkway by personal service on 5/7/12 filed on behalf of State of Ohio. (K,K) Modified service date on 5/17/2012 (P,G).
May 10, 2012 Opinion or Order Filing 121 Return of Service by Clerk by certified mail executed upon the Office of the United States Attorney on 5/9/2012 filed on behalf of Midway Industrial Campus Co., Ltd. No summons provided (E,P) (M,V). (Main Document 121 replaced on 6/8/12)
May 7, 2012 Opinion or Order Service by Clerk. Third Party Summons and Complaint on behalf of Midway Industrial Campus Co., Ltd addressed to Lieutenant Colonel Stephen H. Bales(in his official capacity as Commander, Buffalo District, United States Army Corps of Engineers), Susan Hedman(in her official capacity as Administrator, Region 5, United States Environmental Protection Agency), United States Department of the Army United States Army Corps of Engineers,Lisa P. Jackson, Matthew R. Oakes, Attorney, Major General Meredith W.B. Temple, United States Environmental Protection Agency, United States Environmental, U.S. Attorney, Attorney General, Protection Agency, United States of America placed in U.S. Mail. Type of service: certified mail. Receipt # 70032260000561154891, 70032260000561154884, 70032260000561154846, 70032260000561154853, 70032260000561154822, 70032260000561154792, 70032260000561154808, 70032260000561154860, 70032260000561154877. (E,P) Modified on 5/7/2012 (E,P).
May 4, 2012 Opinion or Order Service by Clerk. Third Party Summons and Complaint on behalf of Madison/Route 20, LLC, Richard M. Osborne, Sr. addressed to Stephen H. Bales, Susan Hedman, Lisa P. Jackson, Meredith W.B. Templeas, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency, Hon. Eric Holder Attorney General of the United States (summons to US Environmental Protection Agency) placed in U.S. Mail, Type of service: certified mail. Receipt # 7001670000285639550/9574/9581/9598/9604/9611. (C,B)
May 4, 2012 Opinion or Order Filing 120 Third Party Summons issued on behalf of Madison/Route 20, LLC, Richard M. Osborne, Sr. for service upon Stephen H. Bales, Susan Hedman, Lisa P. Jackson, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency. (Related document #109 , #119 ) P,G) Modified text adding filer on 6/8/12 (M,V).
May 3, 2012 Opinion or Order Filing 119 Praecipe for issuance of Third Party Summons (Related document #109 ) . filed by Madison/Route 20, LLC, Richard M. Osborne, Sr.. (Attachments: #1 Summons U.S. EPA, #2 Summons Lisa Jackson, #3 Summons Susan Hedman, #4 Summons U.S. Army Corps of Engineers, #5 Summons Meredith Temple, #6 Summons Stephen Bales)(James, Robert) Modified on 5/4/2012 to create link (P,G).
May 3, 2012 Opinion or Order Filing 118 Answer to #1 Complaint of the United States of America and Cross-Claims against Defendant William R. Gray Associates, Inc. filed by J.T.O., Inc.. (Doyle, William) Modified text on 5/4/2012 (P,G).
May 3, 2012 Opinion or Order Filing 117 Answer to the #2 Crossclaims of the State of Ohio, and Cross-Claims against Defendant William R. Gray Associates, Inc. filed by J.T.O., Inc.. (Doyle, William) Modified text on 5/4/2012 (P,G).
May 3, 2012 Opinion or Order Filing 116 Third Party Summons issued on behalf of Midway Industrial Campus Co., Ltd. for service upon Stephen H. Bales, Susan Hedman, Lisa P. Jackson, Meredith W.B. Temple, United States Environmental Protection Agency,and the United States Department of the Army (Related documents #106 , #112 ) Modified on 5/4/12 to create links (P,G).
May 2, 2012 Opinion or Order Filing 115 Answer and Defenses of Defendant City of Willoughby, Ohio to the Cross-claims of Defendant Richard M. Osborne, Sr. and Madison/Route 20, LLC, filed by City of Willoughby, Ohio. Related document(s) #111 . (Johnson, Andrew)
May 2, 2012 Opinion or Order Filing 114 Answer and Defenses of Defendant City of Willoughby, Ohio to the Cross-Claims of Defendant Midway Industrial Campus, Ltd., filed by City of Willoughby, Ohio. Related document(s) #108 . (Johnson, Andrew)
May 2, 2012 Opinion or Order Filing 113 Attorney Appearance by Andrew T. Johnson filed by on behalf of City of Willoughby, Ohio. (Johnson, Andrew)
May 1, 2012 Opinion or Order Filing 112 Praecipe for issuance of Third Party Summons (Related document #106 . filed by Midway Industrial Campus Co., Ltd.. (Attachments: #1 Summons U S EPA, #2 Summons Lisa Jackson, #3 Summons Susan Hedman, #4 Summons U S Army Corps, #5 Summons Meredith Temple, #6 Summons Stephen Bales)(Cascarilla, Ralph) Modified on 5/4/2012 to create link (P,G).
April 27, 2012 Opinion or Order Filing 111 Answer and affirmative defenses to #32 Crossclaims of the City of Willoughby and, Crossclaim against City of Willoughby, Ohio, William R. Gray Associates, Inc. filed by Richard M. Osborne, Sr., Madison/Route 20, LLC. (James, Robert) Modified text on 5/2/2012 (P,G).
April 27, 2012 Opinion or Order Filing 110 Answer and affirmative defenses to #2 Crossclaims of the State of Ohio with Jury Demand filed by Madison/Route 20, LLC, Richard M. Osborne, Sr.. (James, Robert) Modified text on 5/2/2012 (P,G).
April 27, 2012 Opinion or Order Filing 109 Answer to #1 Complaint, affirmative defenses, and Counterclaims against Stephen H. Bales, Susan Hedman, Lisa P. Jackson, Meredith W.B. Temple, United States Department of the Army United States Army Corps of Engineers, United States Environmental Protection Agency with jury demand filed by Richard M. Osborne, Sr., Madison/Route 20, LLC. (Attachments: #1 Exhibit Cease and Desist Order, #2 Exhibit Findings of Violations and Compliance Order)(James, Robert) Modified text on 5/2/2012 (P,G).
April 27, 2012 Opinion or Order Filing 108 Answer and affirmative defenses to #32 crossclaims of City of Willoughby and Crossclaim against City of Willoughby, Ohio, and Third-Party Defendant William R. Gray Associates, Inc. with jury demand filed by Midway Industrial Campus Co., Ltd.. (Cascarilla, Ralph) Modified text on 5/2/2012 (P,G).
April 27, 2012 Opinion or Order Filing 107 Answer and affirmative defenses to #2 Crossclaims of State of Ohio, with jury demand filed by Midway Industrial Campus Co., Ltd.. (Cascarilla, Ralph) Modified text on 5/2/2012 (P,G).
April 27, 2012 Opinion or Order Filing 106 Answer to #1 Complaint, Affirmative Defenses and, Counterclaim against United States Environmental Protection Agency, Lisa P. Jackson, Susan Hedman, United States Department of the Army United States Army Corps of Engineers, Meredith W.B. Temple, Stephen H. Bales filed by Midway Industrial Campus Co., Ltd.. (Attachments: #1 Exhibit Cease and Desist Order, #2 Exhibit Findings of Violations and Compliance Order)(Cascarilla, Ralph) Modified text on 5/2/2012 (P,G).
April 27, 2012 Opinion or Order Filing 105 Motion for extension of time until May 4, 2012 to answer filed by Defendant J.T.O., Inc.. (Doyle, William)
April 27, 2012 Opinion or Order Order [non-document]granting #105 Defendant JTO, Inc.'s Motion for Extension of Time to Answer. J.T.O., Inc. answer due 5/4/2012. Judge Christopher A. Boyko on 4/27/2012.(R,D)
April 11, 2012 Opinion or Order Order [non-document] granting #103 Defendants Richard M. Osborne, Sr. and Madison/Route 20, LLC's unopposed Motion for Extension of Time to File a responsive pleading. Madison/Route 20, LLC and Richard M. Osborne, Sr. answer due 4/27/2012. Judge Christopher A. Boyko on 4/11/2012.(R,D)
April 11, 2012 Opinion or Order Order [non-document] granting Defendant JTO, Inc.'s Motion to File a Responsive Pleading. Defendant shall have until April 27, 2012 to answer, move or plead to Complaint (Related Doc #104 ). Judge Christopher A. Boyko on 4/11/2012.(M,M)
April 10, 2012 Opinion or Order Filing 104 Unopposed Motion for leave until 4/27/12 to file responsive pleading to complaint of the United States, the cross-claims of Realigned Plaintiff State of Ohio, and the cross-claims of Defendant, Cross-claimant and Third-Party Plaintiff, City of Willoughby, Ohio. Filed by Defendant J.T.O., Inc. Related document(s) #1 . (Doyle, William) Modified text on 4/11/2012 (S,HR).
April 6, 2012 Opinion or Order Filing 103 Unopposed Motion for extension of time until April 27, 2012 to answer move or otherwise plead to the Complaint of the United States, the Cross-Claims of Realigned Plaintiff State of Ohio and the Cross-Claims of Defendant, Cross-Claimant and Third-Party Plaintiff City of Willoughby, Ohio filed by Madison/Route 20, LLC, Richard M. Osborne, Sr.. (Blake, Richard)
April 5, 2012 Opinion or Order Order [non-document] granting #102 Unopposed Motion of Defendant Midway Industrial Campus Co. LTD. for extension of time until 4/27/12 to file responsive pleading. Judge Christopher A. Boyko on 4/5/2012.(R,D)
April 4, 2012 Opinion or Order Filing 102 Unopposed Motion for extension of time until 4/27/12 to file responsive pleading filed by Defendant Midway Industrial Campus Co., Ltd. Related document(s) #1 , #32 , #2 . (Cascarilla, Ralph)
March 30, 2012 Opinion or Order Filing 101 Opinion and Order Adopting Report and Recommendation of Magistrate Judge denying NFP's Motion for summary judgment . The Court denies as moot both NFP's objections (ECF Dkt #67)to an affidavit attached to the State of Ohio's Opposition Brief, and the State of Ohio's related Motion for Leave (ECF Dkt #77). Judge Christopher A. Boyko on 3/30/2012, re #31 #86 (M,M)
March 30, 2012 Opinion or Order Filing 100 Opinion and Order Adopting Report and Recommendation of Magistrate Judge and denying Defendants' Motion to dismiss for failure to state a claim the Complaint of the United States of America, and Defendants Midway Industrial Campus, LTD, et al.'s Motion to dismiss for failure to state a claim the Crossclaims of the State of Ohio. Judge Christopher A. Boyko on 3/30/2012, re #35 #36 #84 (M,M)
March 30, 2012 Opinion or Order Filing 99 Order Adopting in part and Modifying in part Magistrate Judge Report and Recommendation which recommends granting in part and denying in part Defendant's Motion to dismiss for failure to state a claim the Complaint of the United States of America and the Crossclaims of the State of Ohio, re #38 , #85 Report and Recommendation. Judge Christopher A. Boyko on 3/29/2012. (M,M)
February 8, 2012 Opinion or Order Order [non-document] granting Unopposed Motion to Reset Deadlines Concerning Reports, Recommendations and Orders (Related Doc #89 ). Judge Christopher A. Boyko on 2/7/2012.(M,M)
February 3, 2012 Opinion or Order Filing 98 Response to Objection of Plaintiff State of Ohio filed by Richard M. Osborne, Sr., Richard M. Osborne, Sr.. Related document(s) #92 . (James, Robert)
February 3, 2012 Opinion or Order Filing 97 Response to Objections of Defendant Richard M. Osborne Sr. filed by United States of America. Related document(s) #90 . (Dona, Amy)
February 3, 2012 Opinion or Order Filing 96 Response to Objections of Defendants filed by United States of America. Related document(s) #93 . (Dertke, Daniel)
February 3, 2012 Opinion or Order Filing 95 Response to Objections of Defendant Richard M. Osborne, Sr. filed by State of Ohio. Related document(s) #90 . (Helkowski, Lawrence)
February 3, 2012 Opinion or Order Filing 94 Response to Objections of Defendants filed by State of Ohio. Related document(s) #93 . (Helkowski, Lawrence)
February 1, 2012 Opinion or Order Order(non-document). Status Conference set for 2/15/2012 is cancelled. Judge Christopher A. Boyko on 2/1/2012. (R,D)
January 23, 2012 Opinion or Order Filing 93 Objection to Report and Recommendation Of The Magistrate Judge Denying The Motion To Dismiss filed by J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Richard M. Osborne, Sr.. Related document(s) #84 . (James, Robert)
January 23, 2012 Opinion or Order Filing 92 Objection to Report and Recommendation filed by State of Ohio. Related document(s) #85 . (Attachments: #1 Appendix Young v. Featherstone Motors, #2 Appendix State of Ohio v. Tri-State Group, Inc., #3 Appendix State of Ohio v. Spring Industries, Inc.,, #4 Appendix State of Ohio v. Elsea, Inc.) (Helkowski, Lawrence)
January 23, 2012 Opinion or Order Filing 91 Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Christopher Boyko as a related case for all further proceedings. Judge Donald C. Nugent (R,JM)
January 23, 2012 Opinion or Order Filing 90 Objection to Report and Recommendation Of The Magistrate Judge Denying The Motion To Dismiss filed by Richard M. Osborne, Sr.. Related document(s) #85 . (James, Robert)
January 23, 2012 Opinion or Order Judge Christopher A. Boyko assigned to case. Judge Donald C. Nugent terminated. (C,BA)
January 19, 2012 Opinion or Order Filing 89 Unopposed Motion Reset Deadlines Concerning Reports, Recommendations and Orders filed by City of Willoughby, Ohio, J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Naylor Family Partnership, Richard M. Osborne, Sr., State of Ohio. Related document(s) #85 , #86 , #84 . (Cascarilla, Ralph)
December 19, 2011 Opinion or Order Filing 88 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 12/19/11. Next Status Conference set for 2/15/2012 at 02:00 PM in Chambers 15A before Judge Donald C. Nugent. Time: 45 min. (R,JM)
December 19, 2011 Opinion or Order Order [non-document]granting United States' Motion for An Order Establishing Deadlines (Related Doc #87 ) Judge Donald C. Nugent (R,JM)
December 16, 2011 Opinion or Order Filing 87 Unopposed Motion for Order Establishing Deadlines filed by Plaintiff United States of America. (Dona, Amy)
December 15, 2011 Opinion or Order Filing 86 Report and Recommendation that the adjudication of the motions be deferred until some time after completion of discovery, or, alternatively, denying the motions without prejudice to their being reasserted following completion of discovery (Related Doc #31 , #77 ). Objections to R&R due by 12/29/2011. Referral Terminated (Related Doc #76 ). Signed by Magistrate Judge William H. Baughman, Jr. on 12/15/2011. (S,G)
December 15, 2011 Opinion or Order Filing 85 Report and Recommendation that Osborne's motion be granted in part without prejudice, and denied in part (Related Doc #38 ). Objections to R&R due by 12/29/2011. Signed by Magistrate Judge William H. Baughman, Jr. on 12/15/2011. (S,G)
December 15, 2011 Opinion or Order Filing 84 Report and Recommendation that the motions to dismiss the federal and state law claims under Rule 12(b)(6) be denied (Related Doc #35 , #36 ). Objections to R&R due by 12/29/2011. Signed by Magistrate Judge William H. Baughman, Jr. on 12/15/2011. (S,G)
November 29, 2011 Opinion or Order Filing 83 Order and Stipulation Regarding Discovery Procedure. (Related doc #79 .) Judge Donald C. Nugent on 11/28/2011. (H,CM)
November 29, 2011 Opinion or Order Filing 82 Corporate Disclosure Statement filed by William R. Gray Associates, Inc.. (Lewis, Robert)
November 29, 2011 Opinion or Order Filing 81 Attorney Appearance by Robert S. Lewis filed by on behalf of William R. Gray Associates, Inc.. (Lewis, Robert)
November 29, 2011 Opinion or Order Order [non-document]granting Motion for order regarding Discovery Procedure (Related Doc #79 ). Judge Donald C. Nugent on 11/28/11.(R,JM)
November 28, 2011 Opinion or Order Order [non-document]granting Defendant State of Ohio's Motion for Realignment. (Related Doc #68 ). Judge Donald C. Nugent on 11/28/11.(R,JM)
November 7, 2011 Opinion or Order Filing 80 Reply Brief in Support of Its Objection to the Affidavit of Mick Micacchoin filed by Naylor Family Partnership. Related document(s) #61 , #67 . (Koesel, Margaret)
November 2, 2011 Opinion or Order Filing 79 Unopposed Motion for Discovery Order filed by Plaintiff United States of America. (Attachments: #1 Proposed Order and Stipulation Regarding Discovery Procedure)(Dertke, Daniel)
November 1, 2011 Opinion or Order Filing 78 Unopposed Motion for extension of Discovery Plan until 11/2/2011 filed by Plaintiff United States of America. Related document(s) #73 . (Dertke, Daniel)
October 28, 2011 Opinion or Order Filing 77 Motion Leave to File a Response to Objection to the Affidavit of Mick Micacchion filed by Cross-Claimant State of Ohio. Related document(s) #67 . (Attachments: #1 Exhibit Proposed Objection)(Helkowski, Lawrence)
October 19, 2011 Opinion or Order Filing 76 Order referring case to Magistrate Judge William H. Baughman, Jr., for report and recommendation on pending motions #31 , #35 , #36 and #38 . Judge Donald C. Nugent(C,KA)
October 18, 2011 Opinion or Order Filing 75 Marginal Entry Order denying Naylor Family Trust's Motion for summary judgment on the crossclaims of the City of Willoughby as moot. Signed by Judge Donald C. Nugent on 10/18/2011.(Related Doc #58 )(B,B)
October 18, 2011 Opinion or Order Filing 74 Stipulation and Order Dismissal with prejudice as to the City of Willoughby's cross-claim against Naylor Family Partnership pursuant to Fed. R. Civ. P. 41 (a) (1) (A) (ii). Signed by Judge Donald C. Nugent on 10/18/2011. (B,B)
October 18, 2011 Opinion or Order Filing 73 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 10/18/2011 and another Status Conference is set for 8:30 a.m. on 12/19/2011 in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None)Time: 20. (B,B)
October 14, 2011 Opinion or Order Filing 72 Reply to response to #38 Motion to dismiss for failure to state a claim the Complaint of the United States of America and the Crossclaims of the State of Ohio filed by Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (James, Robert)
October 14, 2011 Opinion or Order Filing 71 Reply to response to #36 Motion to dismiss for failure to state a claim the Crossclaims of the State of Ohio filed by J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Richard M. Osborne, Sr.. (James, Robert)
October 14, 2011 Opinion or Order Filing 70 Reply to response to #35 Motion to dismiss for failure to state a claim the Complaint of the United States of America filed by J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Richard M. Osborne, Sr.. (James, Robert)
October 13, 2011 Opinion or Order Filing 69 Proposed Stipulation of Dismissal, with Prejudice, of the City of Willoughby, Ohio's Action Against Defendant Naylor Family Partnership filed by City of Willoughby, Ohio, Naylor Family Partnership. (Koesel, Margaret)
October 11, 2011 Opinion or Order Filing 68 Motion Realignment filed by Defendant State of Ohio. (Attachments: #1 Appendix United States v. City of York, #2 Appendix United States v. Akron, #3 Appendix United States v. Toledo)(Helkowski, Lawrence)
October 10, 2011 Opinion or Order Filing 67 Objection to the Affidavit of Mick Micacchoin Appended to the State's Opposition to Summary Judgment filed by Naylor Family Partnership. Related document(s) #61 . (Koesel, Margaret)
October 10, 2011 Opinion or Order Filing 66 Reply to response to #31 Motion for summary judgment against the State of Ohio filed by Naylor Family Partnership. (Koesel, Margaret)
October 10, 2011 Opinion or Order Filing 65 Reply to response to #31 Motion for summary judgment against the United States filed by Naylor Family Partnership. (Attachments: #1 Exhibit B - Partnership's response to the USEPA's information request)(Koesel, Margaret)
September 30, 2011 Opinion or Order Filing 64 Opposition to #31 Motion for summary judgment filed by United States of America. (Attachments: #1 Declaration in Support of the United States' Opposition)(Dona, Amy)
September 30, 2011 Opinion or Order Filing 63 Opposition to #38 Motion to dismiss for failure to state a claim the Complaint of the United States of America and the Crossclaims of the State of Ohio filed by United States of America. (Dona, Amy)
September 30, 2011 Opinion or Order Filing 62 Opposition to #35 Motion to dismiss for failure to state a claim the Complaint of the United States of America filed by United States of America. (Dona, Amy)
September 30, 2011 Opinion or Order Filing 61 Opposition to #31 Motion for summary judgment of Naylor Family Partnership filed by State of Ohio. (Attachments: #1 Affidavit Mick Micacchion)(Helkowski, Lawrence)
September 30, 2011 Opinion or Order Filing 60 Opposition to #36 Motion to dismiss for failure to state a claim the Crossclaims of the State of Ohio filed by State of Ohio. (Helkowski, Lawrence)
September 30, 2011 Opinion or Order Filing 59 Opposition to #38 Motion to dismiss for failure to state a claim the Complaint of the United States of America and the Crossclaims of the State of Ohio filed by State of Ohio. (Helkowski, Lawrence)
September 23, 2011 Opinion or Order Filing 58 Motion for summary judgment on the Crossclaims of the City of Willoughby filed by Defendant Naylor Family Partnership. Related document(s) #32 . (Attachments: #1 Exhibit A - Declaration of Robert Naylor, #2 Exhibit Ex. A-1 to Ex. A - Operating Agreement of Midway Industrial Campus Co. Ltd., #3 Exhibit Ex. A-2 to Ex. A - Land Purchase Option Agreement, #4 Exhibit Ex. A-3 to Ex. A - December 15, 2004 Cease and Desist Order)(Koesel, Margaret)
September 23, 2011 Opinion or Order Filing 57 Answer to the Crossclaim of Defendant The City of Willoughby, Ohio filed by Naylor Family Partnership. Related document(s) #32 . (Koesel, Margaret)
September 9, 2011 Opinion or Order Filing 56 Answer to #34 Third party complaint filed by William R. Gray Associates, Inc.. (Hauser, Laura)
September 7, 2011 Opinion or Order Order [non-document]granting #55 Defendant State of Ohio's Unopposed Motion for Extension of Time To File Memoranda in Opposition to Motions to Dismiss and Motion for Summary Judgment until September 30, 2011. Judge Donald C. Nugent (R,JM)
September 2, 2011 Opinion or Order Filing 55 Unopposed Motion for extension of Time to File Memoranda in Opposition to Motions to Dismiss and Motion for Summary Judgment until September 30, 2011 filed by Cross-Claimant State of Ohio. Related document(s) #38 , #31 , #36 . (Helkowski, Lawrence)
August 31, 2011 Opinion or Order Filing 54 Marginal Entry Order granting #51 Motion for Extension of Time to answer cross-claims of City of Willougby filed by defendant Midway Industrial Campus Co., Ltd. Judge Donald C. Nugent on 8/31/11.(E,P)
August 31, 2011 Opinion or Order Filing 53 Marginal Entry Order granting #50 United States' unopposed Motion for extension of time until 9/30/11 to file oppositions to defendants' motions to dismiss and motion for summary judgment. Judge Donald C. Nugent on 8/31/11.(E,P)
August 31, 2011 Opinion or Order Filing 52 Marginal Entry Order granting #49 Defendants Richard M. Osborne, Sr and Madison/Route20, LLC Motion for Extension of Time to Answer the crossclaims of the City of Willoughby, Ohio. Judge Donald C. Nugent on 8/31/11.(E,P)
August 29, 2011 Opinion or Order Filing 51 Unopposed Motion for extension of time filed by Defendant Midway Industrial Campus Co., Ltd., Midway Industrial Campus Co., Ltd., Midway Industrial Campus Co., Ltd.. Related document(s) #32 . (Cascarilla, Ralph)
August 29, 2011 Opinion or Order Filing 50 Unopposed Motion for extension of time to file Memoranda in Opposition to Motions to Dismiss and Motion for Summary Judgment until September 30, 2011 filed by Plaintiff United States of America. Related document(s) #38 , #35 , #31 . (Dona, Amy)
August 26, 2011 Opinion or Order Filing 49 Unopposed Motion for extension of time until fourteen days after the disposition of the motions to dismiss the Complaint to answer the crossclaims of the City of Willoughby, Ohio filed by Madison/Route 20, LLC, Madison/Route 20, LLC, Richard M. Osborne, Sr., Richard M. Osborne, Sr., Madison/Route 20, LLC, Richard M. Osborne, Sr.. Related document(s) #32 . (James, Robert)
August 26, 2011 Opinion or Order Order [non-document]granting #48 Defendant Naylor Family Partnerships Motion for Enlargement of Time until September 23, 2011 to Respond to the Crossclaims of The City of Willoughby. Judge Donald C. Nugent on 8/26/11.(R,JM)
August 24, 2011 Opinion or Order Filing 48 Unopposed Motion for extension of time until September 23, 2011 to Respond to the Crossclaims of The City of Willoughby filed by Defendant Naylor Family Partnership. (Koesel, Margaret)
August 24, 2011 Opinion or Order Order [non-document]granting Motion of attorney Richard H. Blake, Frank L. Merril, and Robert K. James as attorney for Midway Industrial Campus Co., LTD (Related Doc #47 ). Judge Donald C. Nugent on 8/23/11.(R,JM)
August 19, 2011 Opinion or Order Filing 47 Motion by Richard H. Blake, Frank L. Merrill, and Robert K. James to withdraw as attorney for Midway Industrial Campus Co., Ltd. filed by Defendant Midway Industrial Campus Co., Ltd., Midway Industrial Campus Co., Ltd., Midway Industrial Campus Co., Ltd.. (James, Robert)
August 18, 2011 Opinion or Order Filing 46 Return of Service by Clerk by certified mail executed upon third-party defendant William R. Gray Associates, Inc. on 8/17/2011, filed on behalf of United States of America (E,P) Modified text on 8/18/2011 (E,P).
August 18, 2011 Opinion or Order Filing 45 Minutes of proceedings before Judge Donald C. Nugent.Case Management Conference held on 8/18/11. Case is assigned to the standard track. Status hearing set for 10/18/2011 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Discovery due by 12/31/2011. (Court Reporter: None.)Time: 30 minutes. (C,KA)
August 18, 2011 Opinion or Order Filing 44 Attorney Appearance by Brendan R. Doyle filed by on behalf of J.T.O., Inc.. (Doyle, Brendan)
August 17, 2011 Opinion or Order Filing 43 Attorney Appearance by Ralph E. Cascarilla, Darrell A. Clay, Leslie G. Wolfe filed by on behalf of Midway Industrial Campus Co., Ltd.. (Cascarilla, Ralph) Modified text on 8/19/2011 (B,R).
August 17, 2011 Opinion or Order Filing 42 FILING ERROR, document will not open, attorney to re-file. Attorney Appearance by Ralph E. Cascarilla filed by on behalf of Midway Industrial Campus Co., Ltd.. (Cascarilla, Ralph) Modified on 8/17/2011 to note filing error (P,G).
August 15, 2011 Opinion or Order Filing 41 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by United States of America. (Dertke, Daniel)
August 15, 2011 Opinion or Order Order [non-document]granting Motion to excuse the presence of paties at the August 18, 2011 Case Management Confernece (Related Doc #40 . Judge Donald C. Nugent on 8/15/11.(R,JM)
August 11, 2011 Opinion or Order Filing 40 Joint Motion to excuse the Presence of Parties at the August 18, 2011 Case Management Conference filed by Plaintiff United States of America, Richard M. Osborne, Sr., Madison Route 20, LLC, Midway Industrial Campus Co., Ltd., Naylor Family Partnership, J.T.O., Inc., City of Willoughby, Ohio, State of Ohio. Related document(s) #27 . (James, Robert) Modified text on 8/11/2011 (B,B).
August 10, 2011 Opinion or Order Filing 39 Third Party Summons issued for service upon William R. Gray Associates, Inc. (B,R)
August 10, 2011 Opinion or Order Service by Clerk. Summons and Complaint addressed to William R. Gray Associates, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 7008 1300 0001 2121 5166. (S,R)
August 9, 2011 Opinion or Order Filing 38 Motion to dismiss for failure to state a claim the Complaint of the United States of America and the Crossclaims of the State of Ohio filed by Cross Defendant Richard M. Osborne, Sr., Defendant Richard M. Osborne, Sr.. Related document(s) #1 , #2 . (James, Robert)
August 9, 2011 Opinion or Order Filing 37 Praecipe for issuance of Third Party Summons . filed by City of Willoughby, Ohio. Related document(s) #34 . (Attachments: #1 Summons)(Lange, Gretchen)
August 9, 2011 Opinion or Order Filing 36 Motion to dismiss for failure to state a claim the Crossclaims of the State of Ohio filed by J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Richard M. Osborne, Sr.. Related document(s) #2 . (James, Robert)
August 9, 2011 Opinion or Order Filing 35 Motion to dismiss for failure to state a claim the Complaint of the United States of America filed by J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Richard M. Osborne, Sr.. Related document(s) #1 . (James, Robert)
August 9, 2011 Opinion or Order Filing 34 Third party complaint against William R. Gray Associates, Inc.. Filed by City of Willoughby, Ohio. (Attachments: #1 Exhibit A: Willoughby/William R. Gray Associates Agreement) (Lange, Gretchen)
August 9, 2011 Opinion or Order Filing 33 Answer to Defendant State of Ohio's Cross-claims filed by City of Willoughby, Ohio. Related document(s) #2 . (Lange, Gretchen)
August 9, 2011 Opinion or Order Filing 32 Answer to #1 Complaint,, , Crossclaim against Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Naylor Family Partnership, Richard M. Osborne, Sr. filed by City of Willoughby, Ohio. (Lange, Gretchen)
August 9, 2011 Opinion or Order Filing 31 Motion for summary judgment filed by Defendant Naylor Family Partnership. (Attachments: #1 Exhibit A - Declaration of Robert Naylor, #2 Exhibit Ex. 1 to Ex. A - Operating Agreement of Midway Industrial Campus Co. Ltd., #3 Exhibit Ex. 2 to Ex. A - Land Purchase Option Agreement, #4 Exhibit Ex. 3 to Ex. A - December 15, 2004 Cease and Desist Order)(Koesel, Margaret)
August 9, 2011 Opinion or Order Filing 30 Answer to the Crossclaim of Defendant State of Ohio filed by Naylor Family Partnership. Related document(s) #2 . (Koesel, Margaret)
August 9, 2011 Opinion or Order Filing 29 Answer to #1 Complaint,, filed by Naylor Family Partnership. (Koesel, Margaret)
August 1, 2011 Opinion or Order Filing 28 Attorney Appearance for Andrea M. Salimbene and Gregory J. DeGulis by Andrea M. Salimbene filed by on behalf of J.T.O., Inc.. (Salimbene, Andrea)
July 14, 2011 Opinion or Order Filing 27 Case Management Conference Scheduling Order with case management conference to be held on 8/18/2011 at 08:30 AM at Courtroom 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 7/14/11. (E,P)
June 29, 2011 Opinion or Order Filing 26 Attorney Appearance by Alana R. Shockey filed by on behalf of State of Ohio. (Shockey, Alana)
June 23, 2011 Opinion or Order Order [non-document]granting #25 Defendant's Naylor Family Partnership's Unopposed Motion for Extension of Time until August 9, 2011 to answer. Judge Donald C. Nugent on 6/21/11.(R,JM)
June 15, 2011 Opinion or Order Filing 25 Unopposed Motion for extension of time until August 9, 2011 to crossclaims of the State of Ohio filed by Defendant Naylor Family Partnership. Related document(s) #1 . (Koesel, Margaret) Modified text per attorney on 6/15/2011 (E,P).
June 15, 2011 Opinion or Order Filing 24 Return of Service by Clerk unexecuted upon Naylor Family Partnership, c/o Saul L. Nadler, Statutory Agent. Service attempted by certified mail, uanble to forward, return to sender on 6/10/11 filed on behalf of United States of America (E,P)
June 15, 2011 Opinion or Order Order [non-document]granting #18 Unopposed Motion for Extension of Time to Answer until 08/09/2011 as to Defendant State of Ohio crossclaims (R,JM)
June 15, 2011 Opinion or Order Order [non-document]granting #19 Unopposed Motion for Extension of Time until August 9, 2011 to Respond to the crossclaims of the State of Ohio. Judge Donald C. Nugent (R,JM)
June 15, 2011 Opinion or Order Order [non-document]granting #17 Unopposed Motion for Extension of Time to Answer until August 9, 2011 as to Defendants Madison/Route 20, LLC and Midway Industrial Campus Co., Ltd. Judge Donald C. Nugent (R,JM)
June 15, 2011 Opinion or Order Order [non-document]granting #22 Unopposed Motion for Extension of Time to Answer until August 9, 2011 as to defendant J.T.O., Inc. Judge Donald C. Nugent (R,JM)
June 15, 2011 Opinion or Order Order [non-document]granting #15 Unopposed Motion for Extension of Time to Answer until 08/09/2011 as to the City of Willoughby, Ohio. Judge Donald C. Nugent(R,JM)
June 14, 2011 Opinion or Order Filing 23 Corporate Disclosure Statement filed by J.T.O., Inc.. (Doyle, William)
June 14, 2011 Opinion or Order Filing 22 Unopposed Motion for extension of time until August 9, 2011 to answer filed by Defendant J.T.O., Inc.. (Doyle, William)
June 14, 2011 Opinion or Order Filing 21 Attorney Appearance for JTO, Inc by William T. Doyle filed by on behalf of J.T.O., Inc.. (Doyle, William) Modified on 9/7/2012 (R,JM).
June 13, 2011 Opinion or Order Filing 20 Attorney Appearance of John W. Wiles filed by Gretchen L. Lange filed by on behalf of City of Willoughby, Ohio. (Lange, Gretchen)
June 10, 2011 Opinion or Order Filing 19 Unopposed Motion for extension of time until August 9, 2011 to Respond to the crossclaims of the State of Ohio filed by Cross Defendant Richard M. Osborne, Sr., Defendant Richard M. Osborne, Sr.. (James, Robert)
June 10, 2011 Opinion or Order Filing 18 Unopposed Motion for extension of time until 08/12/2011 to answer State of Ohio's cross-claims filed by Cross Defendant City of Willoughby, Ohio. Related document(s) #2 . (Lange, Gretchen)
June 10, 2011 Opinion or Order Filing 17 Unopposed Motion for extension of time until August 9, 2011 to answer complaint of the United States, Unopposed Motion for extension of time until August 9, 2011 to Respond to Crossclaims of State of Ohio filed by Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd.. (James, Robert)
June 10, 2011 Opinion or Order Filing 16 Corporate Disclosure Statement filed by Midway Industrial Campus Co., Ltd.. (James, Robert)
June 10, 2011 Opinion or Order Filing 15 Unopposed Motion for extension of time until 08/09/2011 to answer complaint filed by Defendant City of Willoughby, Ohio. Related document(s) #1 . (Lange, Gretchen)
June 10, 2011 Opinion or Order Filing 14 Corporate Disclosure Statement filed by Madison/Route 20, LLC. (James, Robert)
June 10, 2011 Opinion or Order Filing 13 Attorney Appearance of Richard H. Blake, Frank L. Merrill, and Robert K. James by Robert K. James filed by on behalf of Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Richard M. Osborne, Sr., Richard M. Osborne, Sr.. (James, Robert)
June 10, 2011 Opinion or Order Filing 12 Attorney Appearance by Gretchen L. Lange , Wade A. Mitchell and Jason P. Perdion filed by on behalf of City of Willoughby, Ohio. (Lange, Gretchen)
June 7, 2011 Opinion or Order Filing 11 Return of Service by Clerk unexecuted upon Richard M. Osborne Sr. Service attempted; unable to forward, return to sender by certified mail on 6/2/11 filed on behalf of United States of America (E,P)
May 31, 2011 Opinion or Order Filing 10 Return of Service by Clerk executed upon State of Ohio by certified mail on 5/26/2011, filed on behalf of Plaintiff. Related document(s) #1 . (B,B)
May 25, 2011 Opinion or Order Filing 9 Return of Service by Clerk by certified mail executed upon Midway Industrial Campus Co., Ltd. on 5/24/2011, filed on behalf of United States of America. (K,K)
May 25, 2011 Opinion or Order Filing 8 Return of Service by Clerk by certified mail executed upon City of Willoughby, Ohio on 5/24/2011, filed on behalf of United States of America. (K,K)
May 25, 2011 Opinion or Order Filing 7 Return of Service by Clerk by certified mail executed upon J.T.O., Inc. on 5/24/2011, filed on behalf of United States of America. (K,K)
May 25, 2011 Opinion or Order Filing 6 Return of Service by Clerk by certified mail executed upon Madison/Route 20, LLC on 5/24/2011, filed on behalf of United States of America. (K,K)
May 24, 2011 Opinion or Order Filing 5 Order of Recusal. This case is returned to the Clerk for reassignment. Judge Lesley Wells (C,KA)
May 24, 2011 Opinion or Order Judge Donald C. Nugent assigned to case. Judge Lesley Wells terminated. (C,BA)
May 23, 2011 Opinion or Order Filing 4 Magistrate Consent Form issued. (C,B)
May 23, 2011 Opinion or Order Filing 3 Original Summons issued electronically to counsel for service upon City of Willoughby, Ohio, J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Naylor Family Partnership, Richard M. Osborne, Sr., State of Ohio. (Attachments: #1 Summons to J.T.O., Inc., #2 Summons to Madison/Route 20, #3 Summons to Midway Industrial Campus, #4 Summons to Naylor Family Partnership, #5 Summons to Richard M. Osborne, Sr., #6 Summons to State of Ohio) (B,B)
May 23, 2011 Opinion or Order Service by Clerk. Summons and Complaint addressed to City of Willoughby, Ohio, J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Naylor Family Partnership, Richard M. Osborne, Sr., State of Ohio placed in U.S. Mail. Type of service: certified mail. Receipt # 70102780000044317040/7057/7064/7071/7088/7095/7101. (C,B)
May 20, 2011 Opinion or Order Filing 2 Answerof Defendant State of Ohio, Crossclaim against City of Willoughby, Ohio, J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Naylor Family Partnership, Richard M. Osborne, Sr. filed by State of Ohio. Related document(s) #1 . (Helkowski, Lawrence)
May 20, 2011 Opinion or Order Filing 1 Complaint against Richard M. Osborne, Sr., City of Willoughby, Ohio, J.T.O., Inc., Madison/Route 20, LLC, Midway Industrial Campus Co., Ltd., Naylor Family Partnership, State of Ohio. Filed by United States of America. (Attachments: #1 Summons Richard M. Osborne Sr., #2 Summons Madison/Route 20, LLC, #3 Summons Midway Industrial Campus Co., Ltd, #4 Summons Naylor Family Partnership, #5 Summons J.T.O., Inc., #6 Summons City of Willoughby, Ohio, #7 Summons State of Ohio, #8 Civil Cover Sheet) (Paffilas, Steven) Modified text 5/20/2011 (K,K).
May 20, 2011 Opinion or Order Judge Lesley Wells assigned to case. (C,B)
May 20, 2011 Opinion or Order Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Baughman. (C,B)

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Search for this case: United States of America v. Osborne, Sr. et al
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Cross defendant: Susan Hedman
Represented By: Daniel R. Dertke
Represented By: Amy J. Dona
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Cross defendant: United States Environmental Protection Agency
Represented By: Daniel R. Dertke
Represented By: Amy J. Dona
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Cross defendant: Major General Meredith W.B. Temple
Represented By: Daniel R. Dertke
Represented By: Amy J. Dona
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Cross defendant: United States Department of the Army United States Army Corps of Engineers
Represented By: Daniel R. Dertke
Represented By: Amy J. Dona
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Cross defendant: Midway Industrial Campus Co., Ltd.
Represented By: Leslie G. Wolfe
Represented By: Ralph E. Cascarilla
Represented By: Darrell A. Clay
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Defendant: Richard M. Osborne, Sr.
Represented By: Robert D. Dumbrys
Represented By: Richard H. Blake
Represented By: William T. Wuliger
Represented By: Frank L. Merrill
Represented By: Robert K. James
Represented By: Amy A. Wuliger
Represented By: Megan Spagnolo Lai
Represented By: Brenden Patrick Kelley
Represented By: Glenn E. Forbes
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Defendant: Madison/Route 20, LLC
Represented By: Robert D. Dumbrys
Represented By: Richard H. Blake
Represented By: William T. Wuliger
Represented By: Frank L. Merrill
Represented By: Robert K. James
Represented By: Amy A. Wuliger
Represented By: Megan Spagnolo Lai
Represented By: Brenden Patrick Kelley
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Defendant: J.T.O., Inc.
Represented By: William T. Doyle
Represented By: Brendan R. Doyle
Represented By: Gregory J. DeGulis
Represented By: Andrea M. Salimbene
Represented By: Wendlene M. Lavey
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Defendant: City of Willoughby, Ohio
Represented By: Erik J. Wineland
Represented By: Robert H. Eddy, III
Represented By: Andrew T. Johnson
Represented By: Wade A. Mitchell
Represented By: Jason P. Perdion
Represented By: Gretchen L. Lange
Represented By: Martin T. Booher
Represented By: John W. Wiles
Represented By: Michael C. Lucas
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Defendant: Naylor Family Partnership
Represented By: Tracey L. Turnbull
Represented By: Margaret M. Koesel
Represented By: Christopher R. Schraff
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Plaintiff: State of Ohio
Represented By: Alana R. Shockey
Represented By: Lawrence S. Helkowski
Represented By: Lee A. Slone
Represented By: David E. Emerman
Represented By: Molly J. Patterson
Represented By: Cameron F. Simmons
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Plaintiff: United States of America
Represented By: Daniel R. Dertke
Represented By: Amy J. Dona
Represented By: Gary E. Steinbauer
Represented By: Steven J. Paffilas
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3rd party defendant: William R. Gray Associates, Inc.
Represented By: Daniel M. Haymond
Represented By: Laura A. Hauser
Represented By: Kyle G. Baker
Represented By: Robert S. Lewis
Represented By: Andrea B. Daloia
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Not classified by court: Mr. Mark E. Dottore
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Not classified by court: Mark E. Dottore
Represented By: Mary K. Whitmer
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Counter defendant: Lisa P. Jackson
Represented By: Daniel R. Dertke
Represented By: Amy J. Dona
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Counter defendant: Lieutenant Colonel Stephen H. Bales
Represented By: Daniel R. Dertke
Represented By: Amy J. Dona
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Respondent: Steven A. Calabrese
Represented By: Ethan T. Clark
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