Johnson v. City of Cleveland et al
| Gregory Lee Johnson |
| InfoWars, LLC, John Doe, Joseph Biggs, Calvin Williams, City of Cleveland, Jordan Salkin, William Stanton, James Bellomy, Alex Jones, Michael McGrath, Timothy Gaertner and Donald Taylor |
| 1:2018cv00076 |
| January 10, 2018 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Solomon Oliver |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on July 8, 2019. A more recent docket listing may be available from PACER.
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Filing 60
Stipulation and Order of Case Dismissal, with prejudice, with each party to bear their own attorney's fees and costs. Related document #59 . Signed by Judge Solomon Oliver, Jr. on 7/8/2019. (R,Sh)
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| Filing 59 Joint Proposed Stipulation of Dismissal with Prejudice filed by Gregory Lee Johnson. (Chandra, Subodh) |
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Order [non-document] granting Plaintiff's Motion to withdraw as attorney. Attorney Patrick S. Kabat removed from case. (Related Doc #57 ). Approved by Judge Solomon Oliver, Jr. on 6/12/2019.(R,Sh)
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| IMPORTANT: Notice [non-document] of Case Management Conference with CMC RESET for 7/29/2019 at 03:00 PM in Chambers 17A before Judge Solomon Oliver Jr. Related document(s) #56 . (R,Sh) |
| IMPORTANT: Notice [non-document] of cancellation of the reset CMC as Plaintiff called to indicate this matter has resolved on 6/12/2019. (R,Sh) |
| Filing 58 Attorney Appearance by Brian D. Bardwell filed by on behalf of Gregory Lee Johnson. (Bardwell, Brian) |
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Order [non-document]granting Plaintiff's Unopposed Motion to continue the Case Management Conference set for 6/11/2019 at 3:30PM. The court will reset the CMC after 30 days from the date of this Order in the near future (Related Doc #56 ). Approved by Judge Solomon Oliver, Jr. on 6/10/2019.(R,Sh)
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| Filing 57 Motion by Patrick Kabat to withdraw as attorney filed by Plaintiff Gregory Lee Johnson. (Chandra, Subodh) |
| Filing 56 Motion to continue Rule 26(F)-report deadline and case-management conference filed by Plaintiff Gregory Lee Johnson. Related document(s) #54 . (Chandra, Subodh) |
| Filing 55 Magistrate Consent Package issued. (R,Sh) |
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Filing 54
Case Management Conference Scheduling Order with case management conference to be held on 6/11/2019 at 03:30 PM at Chambers 17A before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr. on 4/17/2019. (R,Sh)
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Filing 53
Order. Because Plaintiff brings his claim for intimidation pursuant to O.R.C. 2921.03(C), which creates a civil cause of action, and because Defendants' statements to Cleveland police officers "bear some reasonable relation" to the protest that the officers were investigating, the court finds that Defendants' statements complained of are privileged. Therefore, the court grants Defendants' Motion to Dismiss this claim. Lastly, because Plaintiff has failed to state a claim for relief on all counts against Biggs and Salkin, the court finds that their employers, Defendants InfoWars and Jones, cannot be held vicariously liable for their employees' alleged conduct in this case. Accordingly, the court hereby grants the Motion to Dismiss of Biggs, Salkin, InfoWars and Jones on all claims against them. Related document #26 , #27 . Signed by Judge Solomon Oliver, Jr. on 3/29/2019. (R,Sh)
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Order [non-document] denying as moot Defendant Salkin's Motion to dismiss for lack of jurisdiction. (Related Doc #44 ). Judge Solomon Oliver, Jr. on 3/29/2019.(R,Sh)
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Order [non-document] granting Defendant Salkin's #42 Motion for Joinder in Defendant Biggs' Motion to Dismiss, re #26 . Approved by Judge Solomon Oliver, Jr. on 3/8/2019.(R,Sh)
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| Filing 52 Reply in support of #48 Motion for sanctions as to Plaintiff's Counsel pursuant to Fed.R.Civ.P. 11(c)(2) and the Court's Inherent Authority filed by Jordan Salkin. (Attachments: #1 Exhibit 3 Affidavit of Jordan Salkin, #2 Exhibit 4 Wyndham Vacation Ownership, Inc. v. Totten Franqui Davis & Burk, LLC., Case No. 9:18-cv-81055-DMM, S.D. FL, #3 Exhibit 5 Buddenberg v. Weisdack, Supreme Court of Ohio, Entry 10/24/2018)(Corrigan, Christopher) |
| Filing 51 Response to #50 Motion for extension of of time until December 20, 2018 to file Reply in Support of Motion for sanctions as to Plaintiff's Counsel pursuant to Fed.R.Civ.P. 11(c)(2) and the Court's Inherent Authority filed by Gregory Lee Johnson. (Kabat, Patrick) |
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Order [non-document] granting Defendant Salkin's #50 Motion for extension of of time until December 20, 2018 to file Reply Brief regarding Motion for sanctions. Approved by Judge Solomon Oliver, Jr. on 12/18/2018.(R,Sh)
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| Filing 50 Motion for extension of time until December 20, 2018 to file Reply in Support of Motion for sanctions as to Plaintiff's Counsel pursuant to Fed.R.Civ.P. 11(c)(2) and the Court's Inherent Authority filed by Defendant Jordan Salkin. Related document(s) #48 . (Corrigan, Christopher) Modified text on 12/18/2018 (M,S). |
| Filing 49 Opposition to #48 Motion for sanctions as to Plaintiff's Counsel pursuant to Fed.R.Civ.P. 11(c)(2) and the Court's Inherent Authority filed by Gregory Lee Johnson. (Kabat, Patrick) |
| Filing 48 Motion for sanctions as to Plaintiff's Counsel pursuant to Fed.R.Civ.P. 11(c)(2) and the Court's Inherent Authority with Memorandum in support and Exhibit 1 - Emails, Exhibit 2- Letter, filed by Defendant Jordan Salkin. (Corrigan, Christopher) Modified text on 11/27/2018 (M,S). |
| Filing 47 Reply in support of #44 Motion to dismiss for lack of jurisdiction pursuant to Civil Rule 12(b)(1) filed by Jordan Salkin. (Corrigan, Christopher) |
| Filing 46 Opposition to #44 Motion to dismiss for lack of jurisdiction pursuant to Civil Rule 12(b)(1) by Defendant Jordan Salkin filed by Gregory Lee Johnson. (Kabat, Patrick) |
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Order [non-document] granting Defendant Salkin's #41 Motion for Extension of Time to Answer. Jordan Salkin answer due 9/24/2018. Approved by Judge Solomon Oliver, Jr. on 9/10/2018.(R,Sh)
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Order [non-document] granting Defendant Salkin's Motion to substitute attorney, attorney Christopher M. Corrigan added to case, attorney Michael J. O'Shea removed from case, (Related Docs #43 , #45 ). Approved by Judge Solomon Oliver, Jr. on 9/10/2018.(R,Sh)
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| Filing 45 Motion by Michael O'Shea to withdraw as attorney filed by Defendant Jordan Salkin. Related document(s) #43 . (O'Shea, Michael) |
| Filing 44 Motion to dismiss for lack of jurisdiction pursuant to Civil Rule 12(b)(1) with memorandum in support filed by Defendant Jordan Salkin. (Corrigan, Christopher) Modified text on 9/4/2018 (M,S). |
| Filing 43 Request for leave of Christopher M. Corrigan to substitute as counsel filed by on behalf of Jordan Salkin. (Corrigan, Christopher) Modified event type/text on 8/31/2018 (M,S). |
| Filing 42 Motion for joinder in Motion of Defendant Joseph Biggs to Dismiss filed by Defendant Jordan Salkin. Related document(s) #39 , #26 , #2 . (O'Shea, Michael) |
| Filing 41 Motion for extension of time until 09/10/2018 to answer filed by Defendant Jordan Salkin. (O'Shea, Michael) |
| Filing 40 Attorney Appearance by Michael J. O'Shea filed by on behalf of Jordan Salkin. (O'Shea, Michael) |
| Filing 39 Reply in support of #26 Motion to dismiss for failure to state a claim filed by Joseph Biggs. (Lewis, Patrick) |
| Filing 38 Reply in support of #27 Motion to dismiss for failure to state a claim filed by InfoWars, LLC, Alex Jones. (Lewis, Patrick) |
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Order [non-document] granting Defendant's #37 Motion for Extension of Time to File Response/Reply. Approved by Judge Solomon Oliver, Jr. on 6/28/2018. (R,Sh)
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| Filing 37 Motion for extension of time until 7/16/2018 to file response/reply to #26 Motion to dismiss for failure to state a claim , #27 Motion to dismiss for failure to state a claim filed by Joseph Biggs, InfoWars, LLC, Alex Jones. Related document(s) #26 , #27 , #35 , #36 . (Lewis, Patrick) Modified text on 6/28/2018 (M, S). |
| Filing 36 Opposition to #26 Motion to dismiss for failure to state a claim filed by Gregory Lee Johnson. (Kabat, Patrick) |
| Filing 35 Opposition to #27 Motion to dismiss for failure to state a claim filed by Gregory Lee Johnson. (Kabat, Patrick) |
| Filing 34 Return of Service by Clerk by certified mail executed upon Jordan Salkin (1503 South Coast Dr. #315, Costa Mesa, CA) on 6/4/2018. No delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Gregory Lee Johnson. Related document(s) #2 , #31 . (L,Ja) Modified text on 6/18/2018 (M, S). |
| Filing 33 Certified mail receipt returned, for service package addressed to Jordan Salkin. No signature or date of delivery. Related document(s) #4 , #31 . (C,KA) Modified text on 6/13/2018 (M, S). |
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Order [non-document] granting Plaintiff's #32 Motion for extension of time until June 20, 2018 to file response/reply to #26 Motion to dismiss for failure to state a claim, #27 Motion to dismiss for failure to state a claim. Approved by Judge Solomon Oliver, Jr on 6/12/2018.(W,CM)
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| Filing 32 Motion for extension of time until June 20, 2018 to file response/reply to #26 Motion to dismiss for failure to state a claim , #27 Motion to dismiss for failure to state a claim filed by Plaintiff Gregory Lee Johnson. Related document(s) #26 , #27 . (Kabat, Patrick) Modified date requested for extension on 6/12/2018 (W,CM). |
| Service by Clerk. Alias Summons and Complaint addressed to Jordan Salkin (70161970000050503206/ 3227 Meade Ave #2B, Las Vegas, NV)(70161970000050503176/ 2241 West 190th St, Torrance, CA)(70161970000050503152/ 838 Turtle Crest Dr. Irvine, CA)(70161970000050503145/ 3255 Watermarke Pl, Irvine, CA)(70161970000050503138/ 10 Via Santa Elena, Rancho Mirage,CA)(70161970000050503213/ 100 W Broadway, Glendale, CA)(70161970000050503220/ 21061 Pasec Verdura, El Toro, CA)(70161970000050503183/ 600 Anton Blvd Pl, Coasta Mesa, CA)(70161970000050503114/ 1503 South Coast Dr #315, Costa Mesa, CA)(70161970000050503169/ 33111 Leon Rd, Winchester, CA)(70161970000050503121/ 2239 W.190th St, Torrance, CA)(70161970000050503190/ 1100 Grier Dr, Las Vegas, NV) placed in U.S. Mail. Type of service: certified mail. (W,Jo) |
| Filing 31 Alias Summons issued to counsel for service upon Jordan Salkin (12 addresses). (M, S) |
| Filing 30 Praecipe for issuance of Alias Summons to Jordan Salkin filed by Gregory Lee Johnson. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons)(Kabat, Patrick) |
| Filing 29 FILING ERROR: Summons not flattened. Counsel to re-file. Praecipe for issuance of Alias Summons to Jordan Salkin filed by Gregory Lee Johnson. (Attachments: #1 Summons #1, #2 Summons #2, #3 Summons #3, #4 Summons #4, #5 Summons #5, #6 Summons #6, #7 Summons #7, #8 Summons #8, #9 Summons #9, #10 Summons #10, #11 Summons #11, #12 Summons #12)(Kabat, Patrick) Modified text on 5/30/2018 (M, S). |
| Filing 28 Corporate Disclosure Statement filed by InfoWars, LLC. (Lewis, Patrick) |
| Filing 27 Motion to dismiss for failure to state a claim filed by InfoWars, LLC, Alex Jones. (Attachments: #1 Brief in Support)(Lewis, Patrick) |
| Filing 26 Motion to dismiss for failure to state a claim filed by Defendant Joseph Biggs. (Attachments: #1 Brief in Support)(Lewis, Patrick) |
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Order [non-document] granting Plaintiff's #25 Motion for extension of time to effect Service of Process until June 11, 2018. Approved by Judge Solomon Oliver, Jr. on 4/19/2018.(R,Sh)
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| Filing 25 Motion for extension of time to effect Service of Process until June 11, 2018 with memorandum in support filed by Plaintiff Gregory Lee Johnson. (Kabat, Patrick) Modified text on 4/13/2018 (M, S). |
| Filing 24 Answer to #2 Amended complaint, filed by Donald Taylor. (Funk, Stephen) |
| Filing 23 Answer to #2 Amended complaint, filed by James Bellomy. (Funk, Stephen) |
| Filing 22 Answer to #2 Amended complaint, filed by William Stanton. (Funk, Stephen) |
| Filing 21 Answer to #2 Amended complaint, filed by Timothy Gaertner. (Funk, Stephen) |
| Filing 20 Answer to #2 Amended complaint, filed by Calvin Williams. (Funk, Stephen) |
| Filing 19 Answer to #2 Amended complaint filed by Michael McGrath. (Funk, Stephen) |
| Filing 18 Answer to #2 Amended complaint, filed by City of Cleveland. (Funk, Stephen) |
| Filing 17 Waiver of Service Returned Executed by Gregory Lee Johnson. Joseph Biggs waiver sent on 3/14/2018, answer due 5/14/2018 filed on behalf of Gregory Lee Johnson (Kabat, Patrick) |
| Filing 16 Waiver of Service Returned Executed by Gregory Lee Johnson. Alex Jones waiver sent on 3/14/2018, answer due 5/14/2018 filed on behalf of Gregory Lee Johnson (Kabat, Patrick) |
| Filing 15 Waiver of Service Returned Executed by Gregory Lee Johnson. InfoWars, LLC waiver sent on 3/14/2018, answer due 5/14/2018 filed on behalf of Gregory Lee Johnson (Kabat, Patrick) |
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Order [non-document] granting Defendants' #14 Unopposed Motion for extension of time until April 9, 2018 to answer , move or otherwise respond to amended complaint James Bellomy; City of Cleveland; Timothy Gaertner; Michael McGrath; William Stanton; Donald Taylor; Calvin Williams answers due 4/9/2018. Approved by Judge Solomon Oliver, Jr. on 3/20/2018.(R,Sh)
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| Filing 14 Unopposed Motion for extension of time until April 9, 2018 to answer , move or otherwise respond to amended complaint filed by James Bellomy, City of Cleveland, Timothy Gaertner, Michael McGrath, William Stanton, Donald Taylor, Calvin Williams. Related document(s) #9 . (Funk, Stephen) |
| Filing 13 Return of Service by Clerk unexecuted upon Jordan Salkin Receipt # 70161970000050502988, filed on behalf of Gregory Lee Johnson. Related document(s) #4 . (C,KA) |
| Filing 12 Return of Service by Clerk by certified mail executed upon Joseph Biggs on 1/25/2018, filed on behalf of Gregory Lee Johnson Related document(s) #4 , #2 . (C,KA) |
| Filing 11 Certified mail receipt returned, for service package addressed to Jordan Salkin. No signature or date of delivery. Related document(s) #4 . (C,KA) Modified text on 2/14/2018 (M, S). |
| Filing 9 Waiver of Service Returned Executed by William Stanton, Michael McGrath, James Bellomy, City of Cleveland, Calvin Williams, Donald Taylor, Timothy Gaertner. William Stanton waiver sent on 1/25/2018, answer due 3/26/2018; Michael McGrath waiver sent on 1/25/2018, answer due 3/26/2018; James Bellomy waiver sent on 1/25/2018, answer due 3/26/2018; City of Cleveland waiver sent on 1/25/2018, answer due 3/26/2018; Calvin Williams waiver sent on 1/25/2018, answer due 3/26/2018; Donald Taylor waiver sent on 1/25/2018, answer due 3/26/2018; Timothy Gaertner waiver sent on 1/25/2018, answer due 3/26/2018. filed on behalf of William Stanton; Michael McGrath; James Bellomy; City of Cleveland; Calvin Williams; Donald Taylor; Timothy Gaertner (Funk, Stephen) |
| Filing 8 Attorney Appearance by Stephen W. Funk filed by on behalf of James Bellomy, City of Cleveland, Timothy Gaertner, Michael McGrath, William Stanton, Donald Taylor, Calvin Williams. (Funk, Stephen) |
| Filing 10 Return of Service by Clerk unexecuted upon Infowars. Service attempted by certified mail on 1/30/18 filed on behalf of Gregory Lee Johnson. Related document(s) #2 , #6 . (Attachments: #1 Post Office Notice)(C,KA) Modified date filed on 2/7/2018 (M, S). |
| Filing 7 Return of Service (along with notice from postal service re condition of returned mail) by Clerk unexecuted upon Alex Jones Receipt # 70161970000050502957. (return to sender, unable to forward) Service attempted by certified mail on 1/26/18 filed on behalf of Gregory Lee Johnson Related document(s) #2 , #4 . (C,KA) |
| Service by Clerk. Summons and Amended Complaint addressed to Joseph Biggs Receipt # 70161970000050502964, InfoWars Receipt # 70161970000050502971, LLC, Alex Jones Receipt # 70161970000050502957, Jordan Salkin Receipt # 70161970000050502988 placed in U.S. Mail. Type of service: certified mail. (S,SR) |
| Filing 6 Original Summons issued to counsel for service upon InfoWars, LLC. (W,Jo) |
| Filing 5 Supplement to Amended complaint,- Corrected Summons for InfoWars, LLC, filed by Gregory Lee Johnson. Related document(s) #2 . (Chandra, Subodh) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon James Bellomy, Joseph Biggs, City of Cleveland, Timothy Gaertner, Alex Jones, Michael McGrath, Jordan Salkin, William Stanton, Donald Taylor, Calvin Williams. (Attachments: #1 Magistrate Consent Form) (W,Jo) |
| Filing 3 Supplement to Amended complaint, - Summons for Donald Taylor, filed by Gregory Lee Johnson. Related document(s) #2 . (Chandra, Subodh) |
| Filing 2 First Amended complaint against James Bellomy, Joseph Biggs, City of Cleveland, John #6 Doe, John #5 Doe, John #2 Doe, John #1 Doe, John #3 Doe, John #4 Doe, Timothy Gaertner, InfoWars, LLC, Alex Jones, Michael P McGrath, Joseph Salkin, William Stanton, Calvin Williams. Filed by Gregory Lee Johnson. (Attachments: #1 Exhibit City of Cleveland safety-preparedness update, #2 Exhibit Motion-to-dismiss-hearing transcript, #3 Exhibit Gaertner field report, #4 Exhibit Gaertner LERMS data card, #5 Exhibit Bellomy probable-cause affidavit, #6 Exhibit Bellomy field report, #7 Exhibit Taylor probable-cause affidavit, #8 Exhibit Taylor complaint, #9 Civil Cover Sheet, #10 Summons for City of Cleveland, #11 Summons for Michael McGrath, #12 Summons for Calvin Williams, #13 Summons for Timothy Gaertner, #14 Summons for William Stanton, #15 Summons for James Bellomy, #16 Summons for Infowars, LLC, #17 Summons for Alex Jones, #18 Summons for Joseph Biggs, #19 Summons for Jordan Salkin) (Chandra, Subodh) |
| Judge Solomon Oliver, Jr assigned to case. (W,Jo) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (W,Jo) |
| Filing 1 Complaint with jury demand against James Bellomy, Joseph Biggs, City of Cleveland, John #6 Doe, John #5 Doe, John #2 Doe, John #1 Doe, John #3 Doe, John #4 Doe, Timothy Gaertner, InfoWars, LLC, Alex Jones, Michael P McGrath, Joseph Salkin, William Stanton, Calvin Williams. Filing fee paid $ 400, Receipt number 0647-8499945.. Filed by Gregory Lee Johnson. (Attachments: #1 Exhibit City of Cleveland Safety Preparedness Update, #2 Exhibit MTD Transcript, #3 Exhibit Gaertner field report, #4 Exhibit Gaertner LERMS Data Card, #5 Exhibit Bellomy Probable-Cause Affidavit, #6 Exhibit Bellomy Field Report, #7 Exhibit Taylor Probable-Cause Affidavit, #8 Exhibit Taylor Complaint) (Chandra, Subodh) |
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