Colston v. Cleveland Public Library et al Featured Case
Plaintiff: Mary Jane Colston
Defendant: Cleveland Public Library, Felton Thomas, Melvin Abrams, Michael Janero, Sharon Tufts and John Doe(s) 1-20
Case Number: 1:2012cv00204
Filed: January 27, 2012
Court: U.S. District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: James S. Gwin
Nature of Suit: Employment
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 17, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2012 Filing 57 Acknowledgment from the USCA for Sixth Circuit of receipt of 56 Notice of Appeal (USCA# 12-4103). Date filed in USCA 9/14/12. (H,SP)
September 12, 2012 Filing 56 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the 54 Opinion and Order and 55 Judgment of 8/13/12, filed by Mary Jane Colston. (Filing fee of $455 paid, receipt number 0647-5579836) (Moody, Steven). Modified text on 9/13/2012 (H,SP).
August 13, 2012 Filing 55 Judgment signed by Judge James S. Gwin on 8/13/12. The Court, for the reasons stated in its Opinion and Order, grants all defendants motions for summary judgment. Accordingly, this action is terminated under Federal Rule of Civil Procedure 58. (Related Doc. 54 ) (M,G)
August 13, 2012 Filing 54 Opinion and Order signed by Judge James S. Gwin on 8/13/12 granting defendants' motions for summary judgment. (Related Docs. 39 , 40 ) (M,G)
August 2, 2012 IMPORTANT: Order [non-document] entered by Judge James S. Gwin on 8/2/12 granting the unopposed motion for a later start time of the final pretrial filed by Defendant Melvin Abrams; final pretrial rescheduled to 2:00 p.m., on 9/6/12. (Related Doc. 53 ) (M,G)
July 30, 2012 Filing 53 Unopposed Motion Delay Start of Final Pretrial filed by Defendant Melvin Abrams. (Attachments: # 1 Exhibit Notice of Oral Argument, Maldonado v. ODJFS & YSU, No. 10-MA-190, 7th Dist. App.)(Crisci, George)
July 12, 2012 Order [non-document] entered by Judge James S. Gwin on 7/12/12 granting motions of Defendants Cleveland Public Library and Defendant Abrams for telephone attendance at the final pretrial conference by their respective insurance claim representatives. Counsel will be provided with the Court's contact information via e-mail. (Related Docs. 42 , 43 ) (M,G)
July 9, 2012 Filing 52 Reply Brief in support of 40 Motion for summary judgment of Melvin Abrams filed by Melvin Abrams. (Attachments: # 1 Appendix Unreported Cases)(Crisci, George) Modified text on 7/10/2012 (H,LA).
July 9, 2012 Filing 51 Reply in support of 39 Motion for summary judgment filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Attachments: # 1 Exhibit A - Unreported Cases, # 2 Exhibit B - Affidavit of Timothy J. Goergen)(Barnard, Thomas) Modified text on 7/10/2012 (H,LA).
July 3, 2012 Filing 50 Notice of failure to file electronically, pursuant to Local Rule 5.1(c). Non-compliant document: Opposition, filed by Mary Jane Colston Related document(s) 49 . (B,B)
July 3, 2012 Filing 49 Opposition to Cleveland Public Library's, Michael Janero's, Felton Thomas', and Sharon Tufts' Motion for summary judgment filed by Mary Jane Colston. (Attachments: # 1 Affidavit of Mary Colston, # 2 Letter, # 3 Memo, # 4 Memo, # 5 Letter, # 6 E-Mail, # 7 Memo, # 8 Security Irregularity Report, # 9 Memo, # 10 Memo, # 11 Memo, # 12 Memo, # 13 Memo, # 14 Memo, # 15 Memo)(Related doc 39 )(B,B)(Document re-filed manually with handwritten signature)
July 3, 2012 Filing 48 Notice of failure to file electronically, pursuant to Local Rule 5.1(c). Non-compliant document: Opposition, filed by Mary Jane Colston Related document(s) 47 . (B,B)
July 3, 2012 Filing 47 Opposition to Melvin Abrams' Motion for summary judgment filed by Mary Jane Colston. (Attachments: # 1 Affidavit of Mary Colston, # 2 Letter, # 3 Memo, # 4 Memo, # 5 Letter, # 6 E-Mail, # 7 Memo, # 8 Security Irregularity Report, # 9 Memo, # 10 Memo, # 11 Memo, # 12 Memo, # 13 Memo, # 14 Memo, # 15 Memo)(Related doc 40 )(B,B)(Document manually re-filed with handwritten signature)
July 3, 2012 Filing 46 Notice of Technical Difficulties filed by All Plaintiffs. (Moody, Steven)
July 3, 2012 Filing 45 Response (unsigned) Brief in Opposition to 40 Motion for summary judgment filed by All Plaintiffs. (Attachments: # 1 Affidavit Colston )(Moody, Steven) Modified to remove duplicate text, contacted counsel regarding electronic signatures on 7/3/2012 (H,LA).
July 3, 2012 Filing 44 Reply (unsigned) Brief in Opposition to 39 Motion for summary judgment filed by All Plaintiffs. (Attachments: # 1 Affidavit Colston )(Moody, Steven) Modified to remove duplicate text on 7/3/2012, emailed counsel regarding electronic signature (H,LA).
June 25, 2012 Filing 43 Motion to Permit Insurance Claims Representative to Participate in Final Pretrial Conference via Telephone filed by Defendant Melvin Abrams. (Attachments: # 1 Proposed Order Granting Motion to Permit Insurance Claims Representative to Participate Telephonically in Final Pretrial)(Crisci, George) Modified text on 6/26/2012 (H,LA).
June 25, 2012 Filing 42 Motion to excuse appearance of Defendants' Insurance Claims Representative from Participating in the September 6, 2012 Final Pretrial Conference filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Attachments: # 1 Proposed Order)(Toth, K.)
June 19, 2012 Filing 41 Notice of Filing Deposition Transcript of Mary Jane Colston filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Attachments: # 1 Transcript, # 2 Exhibits to Transcript)(Toth, K.)
June 18, 2012 Filing 40 Motion for summary judgment filed by Defendant Melvin Abrams. (Attachments: # 1 Brief in Support of Melvin Abrams' Motion for Summary Judgment, # 2 Exhibit 1 -- Affidavit of Melvin Abrams, # 3 Exhibit 2 -- Plaintiff's Deposition Transcript Excerpts, # 4 Appendix Unreported Cases)(Crisci, George) Modified exhibit text on 6/19/2012 (H,LA).
June 18, 2012 Filing 39 Motion for summary judgment filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Attachments: # 1 Brief in Support Memorandum in Support of Motion for Summary Judgment, # 2 Exhibit A - Affidavit of Sharon Tufts, # 3 Exhibit B - Plaintiff's Depo cited pages and exhibits, # 4 Exhibit C - Affidavit of Melvin Abrams, # 5 Exhibit D - Affidavit of Cindy Lombardo, # 6 Exhibit E - Unreported Cases)(Barnard, Thomas)
June 12, 2012 Filing 38 Minutes of status conference before Judge James S. Gwin on 6/12/12. (Court Reporter: none; Time: 20 min.) (M,G)
June 8, 2012 Filing 37 Subpoena Returned Executed; served upon Cleveland Clinic, Health Data Services, Ab7 by certified mail on 06/06/2012 filed on behalf of Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts Related document(s) 35 . (Elva, LerVal)
June 7, 2012 Order [non-document] entered by Judge James S. Gwin on 6/7/12. The Court grants the motion for the insurance representative of Melvin Abrams to attend the status conference via telephone. The Court also grants the motion for the insurance representative of Defendants Cleveland Public Library, Janero, Thomas and Tufts to attend the status conference via telephone and excuses Defendants Janero and Tufts from attendance at the conference. The granting of these motions is conditioned upon those attending in person having full settlement authority and the insurance representatives appearing via telephone. The Court will provide counsel with the Court's contact information via e-mail. (Related Docs. 34 , 36 ) (M,G) Modified text and regenerated NEF on 6/7/2012. (M,G)
June 6, 2012 Filing 36 Motion to excuse appearance of Defendants' Insurance Claims Representative (to attend by Phone) and to Excuse Individual Defendants Michael Janero and Sharon Tufts from the June 12, 2012 Status Conference filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Attachments: # 1 Proposed Order)(Toth, K.)
June 5, 2012 Filing 35 Notice of Service of Subpoena on Cleveland Clinic Foundation filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Attachments: # 1 Exhibit A - Subpoena to Cleveland Clinic Foundation)(Elva, LerVal)
June 4, 2012 Filing 34 Motion to excuse appearance of Melvin Abrams' Insurance Representative at Status Conference and to Permit Participation Via Telephone filed by Defendant Melvin Abrams. (Crisci, George)
June 4, 2012 Filing 33 FILING ERROR. SEE DOCUMENT 34. Motion to excuse appearance of Insurance Representative to Participate in Person for Status Conference () filed by Defendant Melvin Abrams. (Crisci, George) Modified on 6/5/2012 as filing error, confirmed with attorney, motion termed, NEF regenerated. (H,LA).
June 1, 2012 Filing 32 Subpoena Returned Executed; served upon Avtar Saran, MD by Certified Mail on 05/29/2012 filed on behalf of Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts Related document(s) 25 . (Elva, LerVal)
June 1, 2012 Filing 31 Subpoena Returned Executed; served upon The Plain Dealer by Certified Mail on 05/29/2012 filed on behalf of Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts Related document(s) 25 . (Elva, LerVal)
June 1, 2012 Filing 30 Subpoena Returned Executed; served upon Deco Security Services, Inc. (Deco Inc.) by Certified Mail on 05/29/2012 filed on behalf of Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts Related document(s) 25 . (Elva, LerVal)
May 25, 2012 Filing 29 Subpoena Returned Executed; served upon Eliot W. Gutow, LISW by Certified Mail on 05/22/2012 filed on behalf of Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts Related document(s) 25 . (Elva, LerVal)
May 25, 2012 Filing 28 Subpoena Returned Executed; served upon Kaiser Permanente by Certified Mail on 05/22/2012 filed on behalf of Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts Related document(s) 25 . (Elva, LerVal)
May 23, 2012 Filing 27 Subpoena Returned Executed; served upon Brinks Incorporated by Certified Mail on 05/18/2012 filed on behalf of Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts Related document(s) 25 . (Elva, LerVal)
May 22, 2012 Filing 26 FILING ERROR. Incomplete filing. Attorney to refile. Proof of Service of Records Subpoena for Brinks Incorporated filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Elva, LerVal) Modified as error, regenerated NEF, emailed attorney to refile using correct event and instructed to upload complete subpoena on 5/23/2012 (H,LA).
May 18, 2012 Filing 25 Notice of Service of Subpoena filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Attachments: # 1 Exhibit 1-Subpoena to Brinks Incorporated, # 2 Exhibit 2-Subpoena to Deco Security Systems, Inc, # 3 Exhibit 3--Subpoena to National Enterprise Systems, # 4 Exhibit 4--Subpoena to The Plain Dealer, # 5 Exhibit 5--Subpoena to Kaiser Permanente, # 6 Exhibit 6--Subpoena to Avtar Saran, MD, # 7 Exhibit 7--Subpoena to Eliot W. Gutow, LISW)(Elva, LerVal)
May 4, 2012 Filing 24 Stipulation & Order as to resolution of discovery dispute (Related Doc # 23 , 21 , 20 , 19 ). Referral Terminated. Signed by Magistrate Judge William H. Baughman, Jr. on 5/4/2012. (S,G)
May 4, 2012 Filing 23 Proposed Stipulation for Resolution of Discovery Dispute filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. Related document(s) 19 .(Toth, K.)
May 4, 2012 Filing 22 FILING ERROR. ATTORNEY FILED WRONG STIPULATION, TO REFILE. Proposed Stipulation of Resolution of Discovery Dispute filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. Related document(s) 19 (Toth, K.) Modified for error message on 5/4/2012 (H,SP).
May 2, 2012 Filing 21 Order that counsel are ordered to meet and confer regarding the discovery dispute on 5/4/2012 beginning at 12:00 Noon in Courtroom 10A. If counsel are unable to resolve the dispute through such consultation, a Status Conference will be conducted on 5/4/2012 at 03:00 PM in Courtroom 10A before Magistrate Judge William H. Baughman, Jr. Counsel are urged to talk and reach an agreement before 5/4/2012. If advised of an agreement, the proceedings for 5/4/2012 will be canceled. Related Doc # 20 . Signed by Magistrate Judge William H. Baughman, Jr. on 5/2/2012. (S,G)
May 2, 2012 Filing 20 Order signed by Judge James S. Gwin on 5/2/12 referring case to Magistrate Judge William H. Baughman, Jr., for resolution of discovery dispute. (Related Doc. 19 ) (M,G)
May 1, 2012 Filing 19 Notice of Discovery Dispute -- Letter to Honorable Judge Gwin filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Attachments: # 1 Exhibit A - Communications between Counsel, # 2 Exhibit B - 4-29-12 Email from Pltf. Counsel with Discovery Resp., # 3 Exhibit C - 5-1-12 Correspondence from Defense counsel to Pltf. Counsel)(Toth, K.)
April 9, 2012 Filing 18 Order signed by Judge James S. Gwin on 4/9/12 that plaintiff identify experts by 4/30/12 and defendants shall make identification by 5/21/12. (M,G)
April 9, 2012 Filing 17 Case Management Conference Plan/Order signed by Judge James S. Gwin on 4/9/12. Case assigned to the Standard Track. Parties to be joined and pleadings amended by 4/6/12. Preliminary discovery due by 6/11/12. Dispositive motions to be filed by 6/18/12 with responses due 7/2/12 and relies due by 7/9/12. All discovery to be completed by 8/20/12. Status conference set for 6/12/12 at 8:15 a.m., and final pretrial conference set for 9/6/12 at noon, both in Chambers 18A (Cleveland). Jury trial is assigned on a two-week standby basis beginning 9/10/12 at 8:00 a.m., Courtroom 18A (Cleveland). Deposition time limit for plaintiff is 240 minutes and the deposition time limit for defendants is 180 minutes (60 minutes for each individual defendant). (M,G)
April 6, 2012 Filing 16 Minutes of case management conference before Judge James S. Gwin on 4/6/12. (Court Reporter: none; Time: 35 min.) (M,G)
March 28, 2012 Filing 15 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Toth, K.)
March 27, 2012 Filing 14 Order [marginal entry] entered by Judge James S. Gwin on 3/27/12 granting motion of Defendant Thomas to be excused from attending the case management conference provided he is available via telephone. Counsel for defendants shall attend the conference with the telephone number at which defendant can be reached if necessary. (Related Doc. 13 ) (M,G) Modified to marginal entry on 3/29/2012 (H,LA).
March 26, 2012 Filing 13 Motion to excuse appearance of Defendant Felton Thomas from the Case Management Conference filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Attachments: # 1 Proposed Order)(Toth, K.)
March 19, 2012 IMPORTANT: Notice [non-document] that the case management conference set for 4/2/12 has been rescheduled to 4/6/12 at 10:30 a.m., Chambers 18A (Cleveland) before Judge James S. Gwin. (Related Doc. 6 ) (M,G)
March 6, 2012 Filing 12 Marginal Entry Order signed by Judge James S. Gwin on 3/6/12 granting motion of Defendant Abrams for telephone participation at the case management conference by defendant's insurance claim representative. Counsel shall attend the conference with a number at which the representative can be reached for telephone participation. (Related Doc. 11 ) (M,G)
February 28, 2012 Filing 11 Motion to attend to permit insurance claims representative to participate in Case Management Conference by telephone with proposed order attached filed by Defendant Melvin Abrams. Related document(s) 8 . (Crisci, George) Modified text on 2/29/2012 (H,LA).
February 28, 2012 Filing 10 Separate Answer to Complaint with Jury Demand (Related Doc # 1 ) filed by Melvin Abrams. (Crisci, George)
February 27, 2012 Filing 9 Marginal Entry Order signed by Judge James S. Gwin on 2/27/12 granting defendants' motion for insurance representative to attend the case management conference via telephone. Counsel shall attend the conference with a number at which the representative can be reached for telephone participation. (Related Doc. 8 ) (M,G)
February 27, 2012 Filing 8 Motion to permit Defendants' Insurance Claims Representative to Participate in the Case Management Conference by telephone filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. Related document(s) 6 . (Attachments: # 1 Proposed Order )(Toth, K.) Modified duplicate text on 2/27/2012 (H,LA).
February 23, 2012 Filing 7 Returned Mail addressed to attorney Steven J. Moody, marked "not deliverable as addressed." Address on docket is 1375 Ontario, but address on state court complaint is 1370 Ontario Street. Documents 5 and 6 remailed on 2/24/2012 to 1370 Ontario Street. (S,He)
February 13, 2012 Filing 6 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 2/13/12 setting a conference for 4/2/12 at 4:00 p.m., Chambers 18A (Cleveland). (M,G)
February 13, 2012 Filing 5 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 2/13/12. (M,G)
February 7, 2012 Filing 4 Answer to Complaint filed by Cleveland Public Library, Michael Janero, Felton Thomas, Sharon Tufts. (Toth, K.)
January 27, 2012 Filing 3 Magistrate Consent Form issued. (C,B)
January 27, 2012 Filing 2 Corporate Disclosure Statement filed by Cleveland Public Library. (Toth, K.)
January 27, 2012 Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number Cv 11 772326 with jury demand, Filing fee $ 350, receipt number 0647-5149057.. Filed by Michael Janero, Felton Thomas, Cleveland Public Library, Sharon Tufts. (Attachments: # 1 Exhibit A - State Court Complaint, Docket and Service Information, # 2 Exhibit B - Declaration of Consent to Removal of Melvin H. Abrams, # 3 Exhibit C - Notice of Filing Notice of Removal, # 4 Civil Cover Sheet) (Toth, K.)
January 27, 2012 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)
January 27, 2012 Judge James S. Gwin assigned to case. (C,B)

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Search for this case: Colston v. Cleveland Public Library et al
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Plaintiff: Mary Jane Colston
Represented By: Steven J. Moody
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Defendant: Cleveland Public Library
Represented By: Thomas H. Barnard, Jr.
Represented By: LerVal M. Elva
Represented By: K. Ellen Toth
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Defendant: Felton Thomas
Represented By: Thomas H. Barnard, Jr.
Represented By: LerVal M. Elva
Represented By: K. Ellen Toth
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Defendant: Melvin Abrams
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Defendant: Michael Janero
Represented By: Thomas H. Barnard, Jr.
Represented By: LerVal M. Elva
Represented By: K. Ellen Toth
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Defendant: Sharon Tufts
Represented By: Thomas H. Barnard, Jr.
Represented By: LerVal M. Elva
Represented By: K. Ellen Toth
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Defendant: John Doe(s) 1-20
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