McClelland v. Ruffing Montessori School et al
| Rebekah McClelland |
| Ruffing Montessori School, John McNamara and Lori Coticchia |
| United States of America |
| 1:2015cv01997 |
| September 25, 2015 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Dan Aaron Polster |
| Civil Rights: Education |
| 42 U.S.C. § 12131 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2016. A more recent docket listing may be available from PACER.
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Filing 29
Order of Dismissal. The Court hereby dismisses the Intervenor's claim against the School without prejudice, and subject to reopening if necessary. The Court hereby dismisses with prejudice Plaintiff's claims against the School. This dismissal also terminates the claims against the individual defendants with prejudice, to the extent they were still considered part of the case. The Court retains jurisdiction to ensure that Plaintiff receives her award. Based on the foregoing, the case is hereby terminated and dismissed as final. Related documents #25 , #27 , #28 . Signed byJudge Dan Aaron Polster on 10/11/2016. (K,K)
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Order [non-document] On Sept. 20, 2016, the parties filed #27 Joint Request for Entry of Settlement Agreement, which the Court approved on Sept. 21. Accordingly, #14 Joint Motion to Dismiss is DENIED as moot. Entered on behalf of Judge Dan Aaron Polster on 9/28/2016.(K,K)
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| Filing 28 Settlement Agreement Related document #27 . Signed by Judge Dan Aaron Polster on 9/21/2016.(K,K) |
| Filing 27 Joint Motion for Entry of Settlement Agreement filed by Intervenor United States of America. (Attachments: #1 Settlement Agreement)(Heyer, Michelle) |
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Order [non-document] granting #26 USA's Joint Motion for extension of Time to File Settlement Agreement until September 19, 2016. Judge Dan Aaron Polster on 9/16/16.(P,R)
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| Filing 26 Joint Motion for extension of Time to File Settlement Agreement until September 19, 2016 filed by Intervenor United States of America. (Heyer, Michelle) |
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Filing 25
Minutes of proceedings and Scheduling Order The Court held a Settlement Conference on August 24, 2016. As a result of discussions, the Intervenor Department of Justice and Defendant Ruffing Montessori School agreed to file a Settlement Agreement no later than September 15, 2016, and Ruffing Montessori School agreed to send a release to Plaintiff Rebekah McClelland for her consideration. If Ms. McClelland does not sign the release, Defendants Ruffing Montessori, Lori Coticchia and John McNamara shall file, no later than September 26, 2016, a Motion to Dismiss the claims against them. Plaintiff shall file a response brief no later than October 31, 2016, and Defendants shall file a reply brief no later than November 14, 2016. Signed by Judge Dan Aaron Polster on 8/25/2016. (Court Reporter: n/a.)Time: 3 hours. (K,K)
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| Notice [non-document] of Settlement Conference set for 8/24/2016 at 01:00 PM in Chambers 18B before Judge Dan Aaron Polster. The parties are directed to submit to chambers a brief, joint status report no later than Aug. 22, 2016 at 4:00 p.m. (K,K) |
| Minutes of proceedings [non-document] Scheduled teleconference held on 7/13/16 with Attorneys Orille (Plaintiff), Mersol and Peer (Defendants) and Heyer (Intervenor). Counsel reported that they are close to agreement on the terms of a settlement, and they expect to file something for the Court's review and signature no later than Wednesday, August 3, 2016. As a result, nothing further was scheduled. (Court Reporter: n/a.) Time: 15 minutes. (K,K) |
| Minutes of proceedings [non-document] In response to counsel's request for relief due to the CMC scheduled for the morning of the City's Parade and Rally for the Cleveland Cavaliers NBA Championship (i.e., June 22, 2016), the Court held a teleconference with Attorneys Orille (Plaintiff), Mersol (Defendants), and Heyer (Intervenor) to discuss status of the parties' discussions. As a result, the Court hereby CANCELS the CMC and schedules in its place a teleconference beginning at 10:00 a.m. on Wednesday, July 13, 2016. Counsel shall use the same call-in instructions used for today's teleconference. (Court Reporter: n/a.) Time: 15 minutes. (K,K) |
| Filing 24 Joint Initial Disclosures filed by All Defendants. (Clay, Darrell) Modified on 6/21/2016. s/ by Gregory V. Mersol. (G,CA). |
| Filing 23 Initial Disclosures filed by United States of America. (Heyer, Michelle) |
| Filing 22 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by United States of America. (Heyer, Michelle) |
| Filing 21 Attorney Appearance Entered by Kathryn I. Perrico filed by on behalf of All Defendants. (Perrico, Kathryn) |
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Filing 20
Case Management Conference Scheduling Order with case management conference to be held on 6/22/2016 at 09:00 AM at Chambers 18B before Judge Dan Aaron Polster. Report of Parties' Planning Meeting due no later than 12:00 p.m. on 6/20/2016. Signed by Judge Dan Aaron Polster on 6/14/2016. (K,K)
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| Minutes of proceedings [non-document] Scheduled teleconference held on 6/14/2016 with Attorneys Asseff and Orille for Plaintiff, Attorneys Beredo, Peer and Mersol for Defendants, and Attorney Heyer and Investigator Evanovich for the Intervenor. The purpose of the teleconference was to update the Court on the status of settlement discussions. As a result, the Court has scheduled a Case Management Conference (CMC) on Wednesday, June 22, 2016 at 9:00 a.m. EDT. Counsel and clients with full settlement authority must attend the CMC in person. The Court will issue a Case Management Conference Scheduling Order detailing the parties obligations. Should the parties settle the case before that date, counsel shall so advise the Court forthwith.(Court Reporter: n/a.)Time: 15 minutes. (K,K) |
| Minutes of proceedings [non-document] Scheduled teleconference held on 5/9/2016, attended by Attorneys Asseff and Orille for Plaintiff, Attorneys Peer, Beredo and Mersol for Defendants, and Attorney Heyer for the Intervenor. Counsel provided status report and the Court scheduled a followup teleconference beginning at 3:00 p.m. on Tuesday, June 14, 2016. The Court will email call-in instructions to counsel. (Court Reporter: n/a.) Time: 15 minutes. (K,K) |
| Filing 19 Attorney Appearance as Co-Counsel for Defendants by Gregory V. Mersol filed by on behalf of Lori Coticchia, John McNamara, Ruffing Montessori School. (Mersol, Gregory) |
| IMPORTANT: Notice [non-document] Follow-up Telephone Conference reset for 5/9/2016 at 10:00 AM before Judge Dan Aaron Polster. Call-in instructions remain the same. (K,K) |
| Minutes of proceedings [non-document] Scheduled teleconference held on 4/11/2016 with Attorneys Asseff and Orille (Plaintiff), Clay, Mcweeney and Gina Beredo (Ruffing Montessori), and Heyer (Intervenor). Counsel updated the Court on the status of their discussions. As a result, the Court has scheduled a followup call-in teleconference beginning at 3:00 p.m. on Thursday, May 5, 2016. Counsel shall use the same call-in instructions used for today's teleconference. Briefing on the Joint Motion to Dismiss is suspended until further notice. (Court Reporter: n/a.) Time: 15 minutes. (K,K) |
| Minutes of proceedings [non-document] After reviewing the Plaintiff-Intervenor United States' Motion to Intervene (Doc #: #18 ), the Court held a teleconference with Attorneys Michael Asseff and Scott Orille for Plaintiff Rebekah McClelland, Attorneys Darrell Clay and James McWeeney for Defendants, and Attorney Michelle Heyer for proposed intervenor United States to determine how best to proceed with this case. As a result of discussions, the Court granted the Motion to Intervene, and scheduled a followup call-in teleconference beginning at 11:30 A.M. Eastern Time on Monday, April 11, 2016. Counsel shall use the same call-in instructions for the April 11 teleconference that were used today. The Joint Motion to Dismiss the Second Amended Complaint remains pending. (Court Reporter: n/a.) Time: 15 minutes. (K,K) |
| Notice [non-document]: The previously scheduled telephone conference is now RESET for 4/11/2016 at 03:30 PM* before Judge Dan Aaron Polster. (*Please note change in TIME only.) (K,K) |
| IMPORTANT: Notice [non-document] of Telephone Conference reset for 3/9/2016 at 11:00 AM* before Judge Dan Aaron Polster. (*Please note change in TIME only.) (K,K) |
| IMPORTANT: Notice [non-document] of Telephone Conference set for 3/9/2016 at 10:00 AM before Judge Dan Aaron Polster. Call-in instructions will be provided in a separate email. (K,K) |
| Filing 18 Motion to intervene as a party filed by Interested Party United States of America. (Attachments: #1 Complaint in Intervention, #2 Proposed Order)(Heyer, Michelle) |
| Filing 17 Notice Regarding Intervention filed by United States of America. (Heyer, Michelle) |
| Filing 16 Reply in support of #14 Joint Motion to dismiss for lack of jurisdiction Plaintiff's Second Amended Complaint filed by All Defendants. (Clay, Darrell) |
| Filing 15 Opposition to #14 Joint Motion to dismiss Second Amended Complaint filed by All Plaintiffs. (Orille, Scott) Modified text on 2/8/2016 (G,CA). |
| Filing 14 Joint Motion to dismiss for lack of jurisdiction Plaintiff's Second Amended Complaint filed by Lori Coticchia, John McNamara, Ruffing Montessori School. Related document(s) #10 , #13 . (Clay, Darrell) |
| Filing 13 Memorandum in Support of Defendants' Joint Motion to Dismiss Plaintiff's Second Amended Complaint filed by Lori Coticchia, John McNamara, Ruffing Montessori School. (Related document(s) #10 , #14 ). (Clay, Darrell) Modified text, termed motion per call from attorney D. Clay's office on 1/7/2016 (S,SR). Modified on 1/8/2016 to add link (H,SP). |
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Filing 12
Order denying as moot Defendants' Joint Motion to dismiss first amended complaint for failure to state a claim (Related Doc #9 ) and denying Defendants' Joint Motion to strike (Related Doc #11 ). Defendants' answer due 1/13/16. Judge Dan Aaron Polster on 12/15/15.(P,R)
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| Filing 11 Joint Motion to strike Plaintiffs' Second Amended Complaint filed by Lori Coticchia, John McNamara, Ruffing Montessori School. (Related document(s) #10 ). (Attachments: #1 Memorandum in Support) (Clay, Darrell). Modified text on 12/15/2015 (H,SP). |
| Filing 10 Second Amended complaint against All Defendants. Filed by Rebekah McClelland. (Orille, Scott) |
| Filing 9 Joint Motion to dismiss for failure to state a claim upon which relief can be granted filed by Lori Coticchia, John McNamara, Ruffing Montessori School. (Related document(s) #4 ). (Attachments: #1 Brief in Support) (Clay, Darrell). Modified text on 11/23/2015 (H,SP). |
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Order [non-document] granting #8 Defendants' Motion for Extension of Time until 11/27/15 to Answer Amended Complaint. Judge Dan Aaron Polster on 10/16/15.(P,R)
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| Filing 8 Unopposed Motion for extension of time until November 27, 2015 to answer Plaintiff's First Amended Complaint filed by Lori Coticchia, John McNamara, Ruffing Montessori School. Related document(s) #4 . (Clay, Darrell) |
| Filing 7 Attorney Appearance by Darrell A. Clay , Christina Henegan Peer, James M. McWeeney II filed by on behalf of All Defendants. (Clay, Darrell) |
| Filing 6 Return of Service by Clerk by certified mail executed upon Lori Coticchia c/o Ruffing Montessori School on 10/7/2015; John McNamara on 10/7/2015; John McNamara c/o Ruffing Montessori School on 10/7/2015; Ruffing Montessori School c/o John McNamara, Statutory Agent on 10/7/2015; Ruffing Montessori School on 10/7/2015, filed on behalf of Rebekah McClelland. Related document(s) #5 . (M, S) |
| Service by Clerk. Summons and Complaint addressed to Lori Coticchia (Receipt # 7010 1670 0000 3875 3622), Lori Coticchia c/o Ruffing Montessori School (3608), John McNamara (3646), John McNamara c/o Ruffing Montessori School (3592), Ruffing Montessori School c/o John McNamara, Statutory Agent (3639), Ruffing Montessori School (3615), placed in U.S. Mail. Type of service: certified mail. (M, S) |
| Filing 5 Original Summons issued to counsel for service upon Lori Coticchia, John McNamara, Ruffing Montessori School. (H,SP) |
| Filing 4 First Amended complaint with Jury Demand against All Defendants. Filed by Rebekah McClelland. (Attachments: #1 Exhibit A - 2015-2016 Reservation Agreement and Enrollment Contract, #2 Exhibit B - Email of 9/8/15, #3 Summons John McNamara, #4 Summons Ruffing Montessori School c/o John McNamara, #5 Summons Ruffing Montessori School, #6 Summons Lori Coticchia, #7 Summons Mr. McNamara, #8 Summons Ms. Coticchia) (Orille, Scott). Modified on 10/1/2015 to remove double wording and add text (H,SP). |
| Filing 3 Magistrate Consent Form issued. No summons provided, no summons issued. (C,B) |
| Filing 2 Supplement Civil Cover Sheet to #1 Complaint filed by All Plaintiffs. Related document(s) #1 . (Orille, Scott) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-7287138. Filed by Rebekah McClelland. (Orille, Scott) Modified text on 9/25/2015 (C,BA). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman. (C,B) |
| Judge Dan Aaron Polster assigned to case. (C,B) |
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