Foor, et al. v. City of Cleveland et al
| Scott Foor and John Does 1 through 60,000 |
| City of Cleveland, City of Cleveland Division of Police, City of Cleveland Parking Violations Bureau and Photo Safety Division, Affiliated Computer Services, LLC and Vendors 1 through 10 |
| 1:2012cv01754 |
| July 9, 2012 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A Gaughan |
| Constitutional - State Statute |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 11, 2013. A more recent docket listing may be available from PACER.
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Filing 52
Order: Plaintiff's Motion to Reconsider, Alter, or Amend Judgment to Consider Plaintiff's Equitable Claim of Unjust Enrichment is denied. Judge Patricia A. Gaughan on 9/11/13. Related Doc #49 (LC,S)
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| Filing 51 Reply to Defendant City of Cleveland's Memorandum in Opposition to #49 Plaintiff's Motion for Reconsideration filed by Scott Foor. (Wright, Benjamin) Modified text on 9/5/2013 (P, S). |
| Filing 50 Opposition to #49 Motion for reconsideration, Alter, or Amend Judgment to Consider Plaintiff's Equitable Claim of Unjust Enrichment filed by City of Cleveland. (Cortes, Alejandro) |
| Filing 49 Motion for reconsideration, Alter, or Amend Judgment to Consider Plaintiff's Equitable Claim of Unjust Enrichment filed by Plaintiff Scott Foor. Related document(s) #38 , #36 . (Gallagher, James) wrong s/ signature. Filer advised on 8/23/2013 (S,HR). |
| Filing 48 Judgment Entry denying plaintiff's motion for partial summary judgment and granting defendant's motion for summary judgment and entering judgment for defendant. Signed by Judge Patricia A. Gaughan on 8/14/2013. (Related doc #36 , #38 , #47 )(B,B) |
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Filing 47
Memorandum of Opinion and Order denying Plaintiff's Motion for partial summary judgment and granting Defendant's motion for summary judgment. Signed by Judge Patricia A. Gaughan on 8/14/2013. (Related doc #36 , #38 )(B,B) Modified text on 8/15/2013 (B,B).
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Order [non-document] Plaintiff's Motion for Oral Argument is Denied.(Related Doc #44 ) Judge Patricia A. Gaughan on 8/14/13.(D,Ma)
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| Filing 46 Opposition to #44 Motion for oral argument filed by City of Cleveland. (Cortes, Alejandro) |
| Filing 45 Reply in support of #38 Motion for summary judgment filed by City of Cleveland. (Cortes, Alejandro) Modified text on 7/1/2013 (S,HR). |
| Filing 44 Motion for oral argument filed by Plaintiff Scott Foor. (Wright, Benjamin) |
| Filing 43 Reply memorandum in opposition to #36 Motion for partial summary judgment, filed by Scott Foor. (Wright, Benjamin) Modified text on 7/1/2013 (S,HR). |
| Filing 42 Opposition to #36 Motion for partial summary judgment filed by City of Cleveland. (Attachments: #1 Exhibit M (Relevant Portions of Andrew R. Cross' Deposition), #2 Exhibit Q (Relevant Portions of Robert N. Brown's Deposition, #3 Exhibit T (Hopkins Maps E. 55 to E. 79))(Cortes, Alejandro) |
| Filing 41 Opposition to #38 Motion for summary judgment filed by Scott Foor. (Attachments: #1 Exhibit 44 Journal Entry-Foor v. City of Cleveland, #2 Exhibit 45 Decision-Pruiett v. Village of Elmwood, #3 Exhibit 46 Brief of Appellee-Foor v. City of Cleveland)(Wright, Benjamin) |
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Order [non-document] Plaintiff Scott Foor's unopposed motion for extension of time to respond to Defendant City of Cleveland's motion for summary judgment is granted to 6/18/13. Plaintiff's unopposed motion for leave to exceed page limits is granted to 30 pages. #40 Judge Patricia A. Gaughan on 6/17/13.(D,Ma)
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| Filing 40 Motion for extension of time until 06/18/13 to file response/reply to #38 Motion for summary judgment, Motion for leave to Exceed Page Limits filed by Plaintiff Scott Foor. Related document(s) #38 . (Wright, Benjamin) |
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Order [non-document]: Defendant City of Cleveland's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment is Granted to 6/18/13. Judge Patricia A. Gaughan on 6/11/13. (LC,S) re #39
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| Filing 39 Unopposed Motion for extension of time until June 18, 2013 to file a brief in opposition to plaintiff's #36 motion for partial summary judgment filed by Defendant City of Cleveland. (Cortes, Alejandro) Modified to add link on 6/12/2013 (S,HR). |
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Order [non-document]: Defendant's Motion for leave to exceed page limitation, instanter is Granted. Judge Patricia A. Gaughan on 5/16/13. (Related Doc #37 ) (LC,S)
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| Filing 38 Motion for summary judgment filed by Defendant City of Cleveland. (Attachments: #1 Brief in Support, #2 Exhibit A (Cleveland Ordinance No. 1183-05), #3 Exhibit B (Cleveland Codified Ordinance 413.031), #4 Exhibit C (Cleveland Ordinance No. 840-12), #5 Exhibit D (Notice of Liability), #6 Exhibit E (Excerpts from the Deposition of Scott Foor), #7 Exhibit F (June 21, 2011 Parking Violations Bureau Hearing Transcript), #8 Exhibit G (Cuyahoga County Court of Common Pleas Court Docket), #9 Exhibit H (July 20, 2011 Administrative Appeal and Memorandum in Support), #10 Exhibit J (February 8, 2012 Journal Entry), #11 Exhibit K (Declaration of Andrew R. Cross), #12 Exhibit L (Expert Report of Robert N. Brown), #13 Exhibit M (Excerpts for Deposition of Andrew R. Cross), #14 Exhibit N (Excerpt from the Ohio Manual of Traffic Control Devices), #15 Exhibit O (Excerpts from Deposition of Alan J. Kundtz), #16 Exhibit P (ODOT Map of Cuyahoga County Routes), #17 Exhibit Q (Excerpts from Deposition of Robert N. Brown), #18 Exhibit R (Population Density Map), #19 Exhibit S (Map of Structures Spacing on Chester Avenue between E. 55th and E.105th Streets)(Cortes, Alejandro) |
| Filing 37 Motion for leave to exceed page limitation, instanter filed by Defendant City of Cleveland. (Cortes, Alejandro) |
| Filing 36 Motion for partial summary judgment filed by Plaintiff Scott Foor. (Attachments: #1 Exhibit 1-Def Resp-Pltf First RFP, Interrogs,RFA, #2 Exhibit 2-Def Rsp-Pltf 2nd RFP, Interrogs, #3 Exhibit 8-Codified Ordinance 433.03, #4 Exhibit 11-Codified Ordinance 413.031, #5 Exhibit 13-Excerpt Listing of Ohio Route Numbers, #6 Exhibit 14-Photos S.R. 322 sign, #7 Exhibit 15-Ohio State Map 1926, #8 Exhibit 16-Ohio State Map 1927, #9 Exhibit 17-Excerpt AASHTO Transportation Policy Book, #10 Exhibit 31-Satellite Imagery, #11 Exhibit 34-Pltf's Expert Report, #12 Exhibit 38-DepoTranscript-Andrew Cross, #13 Exhibit 39-DepoTranscript-Alan Kundtz, #14 Exhibit 40-ClevelandPlainDealer 8-30-04, #15 Exhibit 41-DepoTranscript-Robert Brown, #16 Exhibit 42-Excerpt ODOT Route Number Cross References, #17 Exhibit 43-Affidavit-B.W. Wright)(Wright, Benjamin) Modified to remove response date on 6/12/2013 (S,HR). |
| Filing 35 Privilege Log of all email correspondence between Counsel for the City of Cleveland and Robert N. Brown, its testifying expert filed by City of Cleveland. (Cortes, Alejandro) Modified text on 5/7/2013 (S,HR). |
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Filing 34
Order: This matter is before the Court upon Plaintiff's Motion to Compel Certain Correspondence Between Counsel for the City of Cleveland and the Testifying Expert, Robert N. Brown (Doc. [28)]. Also pending is plaintiff's Motion for In Camera Review of Correspondence Between Counsel for the City of Cleveland and the Testifying Expert, Robert N. Brown (Doc. #31 ). The Court has throughly reviewed the parties' arguments and hereby DENIES the motions. However, defendant must produce a privilege log on or before Monday, May 6, 2013. Plaintiff's request to extend the dispositive motion deadline is DENIED. Judge Patricia A. Gaughan on 5/2/13. (LC,S)
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| Filing 33 Reply to response to #31 Motion for in camera review of correspondence between counsel for City of Cleveland and testifying expert filed by Scott Foor. (Wright, Benjamin) |
| Filing 32 Opposition to #31 Motion for in camera review of correspondence between counsel for City of Cleveland and testifying expert filed by City of Cleveland. (Attachments: #1 Exhibit A (Relevant Portions of Robert N. Brown's Deposition Testimony))(Cortes, Alejandro) |
| Filing 31 Reply in support of #28 Motion to compel certain correspondence between counsel for the City of Cleveland and the testifying expert, Robert N. Brown; and Motion for in camera review of correspondence between counsel for City of Cleveland and testifying expert. Filed by Plaintiff Scott Foor. (Wright, Benjamin) Modified text on 4/29/2013 (S,HR). |
| Filing 30 FILING ERROR. Duplicate of #31 . Reply to response to #28 Motion to compel certain correspondence between counsel for the City of Cleveland and the testifying expert, Robert N. Brown filed by Scott Foor. (Wright, Benjamin) Modified to note filing error on 4/29/2013 (S,HR). |
| Filing 29 Opposition to #28 Motion to compel certain correspondence between counsel for the City of Cleveland and the testifying expert, Robert N. Brown filed by City of Cleveland. (Attachments: #1 Exhibit A (Relevant Portions of Robert N. Brown's Deposition))(Cortes, Alejandro) |
| Minutes/Order [non-document]: Status Conference was held. Brief in Opposition to the pending Motion to Compel is due 4/25/13. Reply brief is due 4/30/13. Settlement Conference is set 8/26/13 at 9:30 a.m. Judge Patricia A. Gaughan on 4/18/13. (LC,S) Time: 30 mins. |
| Filing 28 Motion to compel certain correspondence between counsel for the City of Cleveland and the testifying expert, Robert N. Brown. Filed by Plaintiff Scott Foor. (Attachments: #1 Exhibit A-Affidavit of Benjamin W. Wright, #2 Exhibit B-Notice of Deposition Duces Tecum, #3 Exhibit C-Excerpt of Deposition-Robert N. Brown)(Wright, Benjamin) Modified text on 4/18/2013 (S,HR). |
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Order [non-document]: At Defendant's request and without objection, Settlement Conference of 4/18/13 at 9:30 a.m. is converted to a Telephonic Status Conference. Judge Patricia A. Gaughan on 4/15/13. (LC,S)
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| Filing 27 Amended Notice to take Deposition of Robert N. Brown on April 10, 2013 filed by Scott Foor. (Wright, Benjamin) |
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Order [non-document]: Joint Motion of the Parties for an Extension of the Expert Discovery and Dispositive Motion Deadlines and for a Continuance of the Settlement Conference is GRANTED. Expert discovery deadline is now 4/15/13. Dispositive motion deadline is 5/15/13. Settlement Conference of 3/19/13 is changed to 4/18/13 at 9:30 a.m. Judge Patricia A. Gaughan on 3/8/13. (LC,S) re #26
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| Filing 26 Joint Motion for extension of expert discovery and dispositive motion deadlines; and Motion for a continuance of the settlement conference, filed by Defendant City of Cleveland. (Cortes, Alejandro) Modified text on 3/11/2013 (S,HR). |
| Filing 25 Notice to take Deposition of Robert N. Brown on March 7, 2013 filed by Scott Foor. (Wright, Benjamin) |
| Filing 24 Marginal Order and Stipulation for Dismissal pursuant to 41(a)(1)(A)(ii) of the FRCP as to Defendant Xerox State and Local Solutions, Inc., identified in the Amended Complaint as Affiliated Computer Services, LLC, without prejudice and without costs to either party as against the other. Judge Patricia A. Gaughan on 1/31/13. (LC,S) re #23 . Modified to note marginal order on 1/31/2013 (S,HR). |
| Filing 23 Joint Proposed Stipulation for Dismissal of Defendant Xerox State and Local Solutions, Inc. filed by Scott Foor. (Wright, Benjamin) |
| Filing 22 Notice to take Deposition of Representative of the City of Cleveland on January 15, 2013 filed by Scott Foor. (Wright, Benjamin) |
| Minutes/Order [non-document]: Status conference was held. Settlement conference is set 3/19/13 at 9:30 a.m. Judge Patricia A. Gaughan on 11/5/12. (LC,S) Time: 30 mins. |
| Filing 21 Joint Status Report filed by Scott Foor. (Wright, Benjamin) |
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Order [non-document]: Defendants City of Cleveland Division of Police and City of Cleveland Parking Violations Bureau and Photo Safety Division's Motion to Dismiss Amended Complaint is MOOT. Judge Patricia A. Gaughan on 10/23/12. (Related Doc #18 ) (LC,S)
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Filing 20
Order and Stipulated Notice of Dismissal Under FRCP 41(a)(1) of Defendants City of Cleveland Parking Violations Bureau and Photo Safety Division and City of Cleveland Division of Police only. Judge Patricia A. Gaughan on 9/26/12. (LC,S) re #19
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| Filing 19 Stipulated Notice of Dismissal Under FRCP 41(a)(1) of Defendants City of Cleveland Parking Violations Bureau and Photo Safety Division and City of Cleveland Division of Police only filed by Affiliated Computer Services, LLC, City of Cleveland, Scott Foor, John Does 1 through 60,000. (Cortes, Alejandro) |
| Filing 18 Motion to dismiss for failure to state a claim filed by City of Cleveland Division of Police, City of Cleveland Parking Violations Bureau and Photo Safety Division. (Attachments: #1 Exhibit A: Unreported Case, Hicks v. City of Baberton, #2 Exhibit B: Unreported Case, Richardson v. Grady, #3 Exhibit C: Unreported Case, Lathan v. City of Cleveland, #4 Exhibit D: Unreported Case, DiGorgio v. City of Cleveland)(Cortes, Alejandro) |
| Filing 17 Case Management Order: Case Management Conference was held on 9/7/12. Case is assigned to the standard track. Case is not suitable for ADR at any time. Non-expert discovery shall be completed on or before 12/15/12. Expert reports shall be exchanged on or before 1/15/13 for party with burden of proof & 2/15/13 for Rebuttal and Expert Discovery shall be completed on or before 3/15/13. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 10/1/12. Dispositive Motions shall be filed on or before 4/15/13. Classs Discovery stayed until after a ruling on the Dispositive Motions. A Telephonic Status Conference is set for 11/5/12 at 9:00 AM. Counsel shall confer in person or by phone within seventy-two (72) hours of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court no later than forty-eight (48) hours of the conference, a brief written Status Report describing the status of discovery, settlement positions, and issues to be addressed. Judge Patricia A. Gaughan on 9/7/12. (LC,S) Time: 30 mins |
| Filing 16 Amended Answer to #9 Amended complaint filed by City of Cleveland. (Cortes, Alejandro) |
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Order [non-document]: Joint Motion for Temporary Stay of Class Certification Proceedings is GRANTED. Judge Patricia A. Gaughan on 9/7/12. (LC,S) (Related Doc #12 )
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| Filing 15 Notice of Service of Initial Disclosures filed by Affiliated Computer Services, LLC. (Bator, Chris) |
| Filing 14 Defendant Xerox State and Local Solutions, Inc. Answer to #9 Amended complaint filed by Affiliated Computer Services, LLC. (Bator, Chris) |
| Filing 13 Corporate Disclosure Statement identifying Corporate Parent Xerox, Inc. for Affiliated Computer Services, LLC filed by Affiliated Computer Services, LLC. (Bator, Chris) |
| Filing 12 Joint Motion for a temporary stay of Class Certification Proceedings filed by Affiliated Computer Services, LLC, City of Cleveland, City of Cleveland Division of Police, City of Cleveland Parking Violations Bureau and Photo Safety Division, Vendors 1 through 10, Scott Foor, John Does 1 through 60,000. (Wright, Benjamin) Modified text on 8/31/2012 (E,P). |
| Filing 11 Initial Disclosures filed by City of Cleveland. (Cortes, Alejandro) |
| Filing 10 Notice of Service of Plaintiff Rule 26(a) Disclosure on 8/29/12 filed by All Plaintiffs. (Wright, Benjamin) Modified text on 8/31/2012 (E,P). |
| Filing 9 First Amended complaint against All Defendants and adding new party defendant(s) Affiliated Computer Services, LLC. Filed by Scott Foor, John Does 1 through 60,000. (Wright, Benjamin) |
| Filing 8 Motion to amend complaint filed by Scott Foor, John Does 1 through 60,000. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Consent to Amend)(Wright, Benjamin) |
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Order [non-document]: Plaintiffs' Motion for Leave to Amend the Complaint is Granted. Judge Patricia A. Gaughan on 8/22/12. (Related Doc #8 ) (LC,S)
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| Filing 7 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by City of Cleveland. (Singletary, Gary) |
| Filing 6 Answer to Complaint with Jury Demand filed by City of Cleveland. (Cortes, Alejandro) |
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Filing 5
Case Management Conference Scheduling Order with case management conference set on 9/7/2012 at 9:30 a.m. to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 8/02/12. (D,MB)
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Order [non-document]: Defendant City of Cleveland's Motion for leave to plead or otherwise respond to the Complaint is Granted to 8/16/12. Judge Patricia A. Gaughan on 7/20/12. (LC,S) re #4
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| Filing 4 Motion for extension of time until 8/16/2012 to answer Complaint filed by Defendant City of Cleveland. (Cortes, Alejandro) |
| Filing 3 Magistrate Consent Form issued. (C,B) |
| Filing 2 Supplement Civil Cover Sheet to #1 Notice of Removal, filed by City of Cleveland. Related document(s) #1 . (Cortes, Alejandro) |
| Judge Patricia A. Gaughan assigned to case. (C,B) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge White. (C,B) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-12-783878 with jury demand, Filing fee $ 350, receipt number 0647-5451752. Filed by City of Cleveland. (Attachments: #1 State Court Class Action Complaint, #2 State Court Summons, #3 Notice of Partial Dismissal of RedFlex Traffic Systems, #4 State Court Docket) (Cortes, Alejandro) |
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