Moderwell v. Cuyahoga County, Ohio et al
| Marie Moderwell |
| Grace Lagreca, Robert Mosher, Raymond Jontony, Cuyahoga County, Ohio, John abd/or Jane Doe Prison Guards 1-5, Armond Budish, Kenneth Mills, Clifford Pinkney, Eric J. Ivey, John and/or Jane Doe prison staff 1-5, Diane Lessman, The MetroHealth System, M.D. Thomas /a. Tallman, Kristina Cashin, George Taylor, Educare Medical Staffing, LLP, Brandy Carney, Beth miller, Lori True, MetroHealth System, Thomas A. Tallman, Cuyahoga County, John and/or Jane Doe, MetroHealth System doing business as MetroHealth Medical Center, Joseph Johnston, Ronald Channell, Anter Miller and Kurt Emerson |
| 1:2019cv00613 |
| March 19, 2019 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.
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Filing 111
Joint Status Report filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 110
Joint Status Report filed by Cuyahoga County. (Healy, Brendan)
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Order [non-document] The Court has been advised that the parties have reached a resolution in this matter, subject to probate approval. The parties shall submit a joint report on the status of the probate proceedings on August 31,2022, and every 45 days thereafter, until a dismissal entry can be filed. Judge Christopher A. Boyko on 7/15/2022. (L,Ja)
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Filing 109
Joint Status Report filed by Kristina Cashin, Raymond Jontony, Grace Lagreca, Diane Lessman, MetroHealth System, Beth Miller, Robert Mosher, Lori True. (Bernstein, David)
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Order [non-document] denying as moot Defendant's #107 motion to stay deposition because parties have agreed to stay all proceedings to conduct private mediation. Judge Christopher A. Boyko on 4/11/2022.(L,Ja)
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Order [non-document] Parties' #108 Joint Motion to stay Proceedings until after private mediation is granted. Parties are required to file a status report by July 1, 2022. Judge Christopher A. Boyko on 3/31/2022.(L,Ja)
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Filing 108
Joint Motion to stay Proceedings until after private mediation filed by Plaintiff Marie Moderwell. (Colan, John)
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Filing 107
(Renewed) Motion to stay 3/25/22 deposition pending disposition of his appeal of his criminal conviction filed by Defendant Kenneth Mills. (Attachments: #1 Brief in Support, #2 Exhibit A, Indictment filed 1/18/19 #3 Exhibit B, Indictment filed 10/23/19 #4 Exhibit C, Journal Entry dated 9/10/21 #5 Exhibit D, Journal Entry dated 10/8/21 #6 Exhibit D1, Journal Entry dated 11/30/21 #7 Exhibit E, Notice of Appeal filed 10/8/21 with Journal Entry)(Chojnacki, Benjamin) Modified text and named exhibits on 3/24/2022 (S,DM).
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Filing 106
Motion for leave to Take Deposition of Defendant currently confined in prison filed by Plaintiff Marie Moderwell. (Colan, John)
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Order [non-document] granting Plaintiff's #106 Motion for leave to Take Deposition of Defendant currently confined in prison. Judge Christopher A. Boyko on 3/21/2022.(L,Ja)
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Filing 105
Attorney Appearance by Jillian Eckart filed by on behalf of Armond Budish, Brandy Carney, Ronald Channell, Cuyahoga County, Kurt Emerson, Joseph Johnston, Anter Miller, Clifford Pinkney, George Taylor. (Eckart, Jillian)
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Order [non-document] granting Joint #104 Motion for extension of Dispositive Motion Deadline until May 12, 2022. Discovery cut-off and settlement conference dates remain. Judge Christopher A. Boyko on 2/10/22.(S,HR)
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Filing 104
Joint Motion for extension of Dispositive Motion Deadline until May 12, 2022, filed by Defendants Cuyahoga County, Armond Budish, Clifford Pinkney, George Taylor, Brandy Carney, Joseph Johnston, Ronald Channell, Anter Miller, Kurt Emerson. (Healy, Brendan)
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Filing 103
Notice of Discovery Dispute filed by All Plaintiffs. (Colan, John)
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Filing 102
Joint Motion for extension of Discovery until 04/11/2022 filed by Plaintiff Marie Moderwell. (Colan, John)
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Order [non-document] granting the parties' joint #102 Motion for extension of discovery. Discovery now due by 4/11/2021. Settlement Conference is continued from January 13 to April 12, 2022 at 2:00 p.m. and that the parties shall adhere to the previously-docketed Standing Settlement Conference Order. Conference will take place at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114. Judge Christopher A. Boyko on 1/4/22. (S,HR)
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Order [non-document] granting Joint Motion to Set a Discovery Deadline and Dispositive Motion Deadlines (Related Doc #101 ). Discovery due by 1/11/2022, Dispositive Motions due by 2/11/2022, Settlement Conference set for 1/13/2022 at 02:00 PM in Chambers 328 before Judge Christopher A. Boyko. Judge Christopher A. Boyko on 8/9/2021.(L,Ja)
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Filing 101
Joint Motion to Set a Discovery Deadline and Dispositive Motion Deadlines filed by Cuyahoga County. (Healy, Brendan)
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Filing 100
True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's decision re #98 Notice of Appeal (USCA# 20-3879). Date issued as mandate 6/3/21; Costs: None (H,SP)
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Filing 99
Information Copy of opinion from USCA for the Sixth Circuit: Affirming the District Court's decision re #98 Notice of Appeal (USCA# 20-3879). This is not a mandate order. Circuit Judges: Cole, Clay, and Griffin. Date issued by USCA 5/12/21. (Attachments: #1 Judgment) (H,SP)
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Order [non-document] cancelling Settlement Conference set for 1/12/2021. The parties shall file a notice when the appeal is concluded and at the same time, an agreed proposed schedule going forward for the Court's consideration. Judge Christopher A. Boyko on 1/5/2021. (D, I)
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Acknowledgment from the USCA for Sixth Circuit of receipt of #98 Notice of Appeal (USCA# 20-3879). Date filed in USCA 8/20/20. (H,SP)
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Filing 98
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #97 Opinion and Order, #96 Opinion and Order, filed by Armond Budish, Brandy Carney, Ronald Channell, Kurt Emerson, Joseph Johnston, Anter Miller, Clifford Pinkney, George Taylor. (Filing fee $505, receipt number AOHNDC-10189537) (Healy, Brendan)
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Filing 97
Opinion & Order granting in part and denying in part #76 Motion of Defendants Joseph Johnston, Ronald Channell, Anter Miller and Kurt Emerson for Partial Judgment on the Pleadings. Judge Christopher A. Boyko on 8/14/2020.(D, I)
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Filing 96
Opinion & Order granting in part and denying in part #75 Motion for Judgment on the Pleadings as to Individual Capacity Claims against Defendants Armond Budish, Clifford Pinkney, GeorgeTaylor and Brandy Carney. Judge Christopher A. Boyko on 8/14/2020.(D, I)
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Order [non-document] granting #95 Joint Motion for extension of Deadlines for Completion of Fact Discovery by 90 days. No further extensions. Fact Discovery deadline is extended until 12/28/2020. Settlement Conference is reset to 1/12/2021 at 2:00 PM in Chambers 328. Conference will take place at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114. Judge Christopher A. Boyko on 8/14/2020. (D, I)
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Filing 95
Joint Motion for extension of Deadlines for Completion of Fact Discovery filed by Defendant Cuyahoga County. (Healy, Brendan)
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Filing 94
Opinion and Order denying Motion of Defendant Kenneth Mills to Stay Civil Proceedings Pending Disposition of Two Criminal Cases (Related Doc #73 ). Judge Christopher A. Boyko on 7/17/2020.(D, I) Modified text on 7/17/2020 (D, I).
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Filing 93
Order and Notice of Party Dismissal. Defendant Eric J. Ivey's Motion to dismiss for failure to state a claim (Doc. #66 ) is moot. Judge Christopher A. Boyko on 7/4/2020. (D, I)
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Filing 92
Proposed Stipulation for Dismissal of Defendant Eric J. Ivey filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 91
Notice to take Deposition of Anter Miller on June 24, 2020 filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 90
Notice to take Deposition of Kurt Emerson on June 24, 2020 filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 89
Notice to take Deposition of Robert Channell on June 24, 2020 filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 88
Notice to take Deposition of Robert Mosher on June 23, 2020 filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 87
Notice to take Deposition of Grace LeGrecca on June 23, 2020 filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 86
Notice to take Deposition of Raymond Jontony on June 23, 2020 filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 85
Reply in support of #76 Motion for partial judgment on the pleadings filed by Ronald Channell, Kurt Emerson, Joseph Johnston, Anter Miller. (Healy, Brendan)
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Filing 84
Reply in support of #75 Motion for judgment on the pleadings filed by Armond Budish, Brandy Carney, Clifford Pinkney, George Taylor. (Healy, Brendan)
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Filing 83
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.
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Order: [non-document] Joint Motion (ECF DKT #82 ) for Second Extension of Deadlines for Completion of Fact Discovery is GRANTED. Fact Discovery Cut-off is extended to September 28, 2020. Settlement Conference is re-set to October 14, 2020 at 2:00 p.m. Lead counsel and parties with authority are required to attend and comply with the Court's Standing Settlement Conference Order. Judge Christopher A. Boyko on 3/24/2020.(D, I)
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Filing 82
Joint Motion for extension of for Completion of Fact Discovery for 90 days until 09/28/2020 filed by Armond Budish, Brandy Carney, Kristina Cashin, Ronald Channell, Cuyahoga County, Kurt Emerson, Eric J. Ivey, Joseph Johnston, Raymond Jontony, Grace Lagreca, Diane Lessman, MetroHealth System, Anter Miller, Beth Miller, Kenneth Mills, Robert Mosher, Clifford Pinkney, Thomas A. Tallman, George Taylor, Lori True. (Bernstein, David)
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Order [non-document] granting #81 Unopposed Motion for extension of time until 3/27/2020 to file reply memorandum in support of motion for judgment on the pleadings. Judge Christopher A. Boyko on 3/19/2020.(D, I)
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Filing 81
Unopposed Motion for extension of time until 03/27/2020 to file reply memorandum in support of #75 Motion for judgment on the pleadings, #76 Motion for partial judgment on the pleadings filed by Armond Budish, Brandy Carney, Ronald Channell, Cuyahoga County, Kurt Emerson, Joseph Johnston, Anter Miller, Clifford Pinkney, George Taylor. Related document(s) #75 , #76 . (Healy, Brendan)
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Filing 80
Opposition to #76 Motion for partial judgment on the pleadings filed by All Plaintiffs. (Colan, John)
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Filing 79
Opposition to #75 Motion for judgment on the pleadings filed by All Plaintiffs. (Colan, John)
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Order [non-document]granting #78 Joint Motion to Extend Deadlines for completion of fact discovery. Fact discovery due 6/29/2020. Settlement Conference set for 7/14/2020 at 2:00 PM in Chambers 328 before Judge Christopher A. Boyko. Conference will take place at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114. Judge Christopher A. Boyko on 2/13/2020.(D, I)
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Filing 78
Joint Motion for extension of Completion of Fact Discovery filed by Armond Budish, Brandy Carney, Ronald Channell, Cuyahoga County, Kurt Emerson, Joseph Johnston, Anter Miller, Clifford Pinkney, George Taylor. (Healy, Brendan)
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Order [non-document] granting Plaintiff's Motion for partial dismissal of all claims against defendant Educare Medical Staffing, LLP., without prejudice (Related Doc #71 ); and granting #77 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion for judgment on the pleadings file 1/14/2020. Defendant's Motion for leave to file Answer to Amended Complaint (Related Doc #69 ) is moot per dismissal at Doc. #71 . Judge Christopher A. Boyko on 2/7/2020.(D, I)
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Filing 77
Motion for extension of time until 03/06/2020 to file response/reply to #75 Motion for judgment on the pleadings , #76 Motion for judgment on the pleadings filed by Plaintiff Marie Moderwell. Related document(s) #75 , #76 . (Colan, John)
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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)
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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)
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Filing 76
Motion for partial judgment on the pleadings filed by Ronald Channell, Kurt Emerson, Joseph Johnston, Anter Miller. (Attachments: #1 Brief in Support)(Healy, Brendan)
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Filing 75
Motion for judgment on the pleadings filed by Armond Budish, Brandy Carney, Clifford Pinkney, George Taylor. (Attachments: #1 Brief in Support as to Motion for Judgment on the Pleadings)(Healy, Brendan)
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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)
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Filing 74
Opposition to #73 Motion to stay Civil Proceedings Pending Disposition of Two Criminal Cases filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Journal Entry, #2 Exhibit 2 - Indictment)(Robenalt, Thomas - s/ by John P. Colan)
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Filing 73
Motion to stay Civil Proceedings Pending Disposition of Two Criminal Cases filed by Defendant Kenneth Mills. (Attachments: #1 Brief in Support Memorandum of Points and Authorities in Support of His Motion to Stay Civil Proceedings Pending Disposition of Two Criminal Cases, #2 Exhibit A - First Indictment of Kenneth Mills, #3 Exhibit B - Appointment of Ohio Attorney General Dave Yost, #4 Exhibit C - Second Indictment against Kenneth Mills)(Hunt, R.)
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Filing 72
Reply in support of #66 Motion to dismiss for failure to state a claim filed by Eric J. Ivey. (Wilson, Robin s/by Sara S. Dorland)
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Filing 71
Motion to dismiss party Educare Medical Staffing, LLP only without prejudice filed by Plaintiff Marie Moderwell. (Robenalt, Thomas s/by John P. Colan)
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Filing 70
Opposition to #66 Motion to dismiss amended complaint for failure to state a claim filed by All Plaintiffs. (Robenalt, Thomas - s/ by John P. Colan)
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Filing 69
Motion for leave Instanter To File Answer To Amended Complaint with answer attached filed by Defendant Educare Medical Staffing, LLP. Related document(s) #55 . (Smith, Robert) Modified text on 12/18/2019 (S,SR).
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Order [non-document] denying as moot #59 Defendants' Unopposed Motion for Extension of Time to answer, move or otherwise respond to Plaintiff's Amended Complaint. Defendants filed answers on 10/22/2019. Judge Christopher A. Boyko on 11/1/2019.(D, I)
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Filing 68
Answer to #55 Amended complaint filed by Armond Budish, Brandy Carney, Ronald Channell, Cuyahoga County, Kurt Emerson, Joseph Johnston, Anter Miller, Clifford Pinkney, George Taylor. (Healy, Brendan)
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Filing 67
Answer to #55 Amended complaint filed by Kristina Cashin, Raymond Jontony, Grace Lagreca, Diane Lessman, MetroHealth System, Beth Miller, Robert Mosher, Thomas A. Tallman, Lori True. (Vance, Victoria)
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Filing 66
Motion to dismiss amended complaint for failure to state a claim filed by Defendant Eric J. Ivey. Related document #55 . (Attachments: #1 Brief in Support)(Smoter, Sara)
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Filing 65
Answer to #55 Amended complaint filed by Kenneth Mills. (Hunt, R.)
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Order [non-document] granting #60 Unopposed Motion for Extension of Time until 10/28/2019 to respond to Plaintiff's Amended Complaint. Defendants Armond Budish, Brandy Carney, Ronald Channell, Cuyahoga County, Kurt Emerson, Joseph Johnston, Anter Miller, Clifford Pinkney, George Taylor answers due 10/28/2019. Judge Christopher A. Boyko on 10/17/2019.(D, I)
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Filing 64
Initial Disclosures filed by All Plaintiffs. (Robenalt, Thomas)
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Order [non-document] denying as moot defendants' Motion to dismiss for failure to state a claim (Related Doc #52 ). Judge Christopher A. Boyko on 10/10/19.(S,HR)
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Order [non-document] granting Defendant Kenneth Mills' #61 Motion for Extension of Time to Answer Amended Complaint. Answer due on or before 10/22/2019. Judge Christopher A. Boyko on 10/10/19.(S,HR)
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Filing 63
Attorney Appearance of Robert Smith filed by on behalf of Educare Medical Staffing, LLP. (Smith, Robert) Modified text on 10/15/2019 (S,SR).
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Filing 62
Response to #52 Motion to dismiss for failure to state a claim as to Official Capacity Claims and Plaintiff's Motion For Partial Dismissal of All Official Capacity Section 1983 Claims Only Asserted Against Defendants True, Mosher, Lessman, Cashin, Jontony, Miller, and LaGreca, Without Prejudice filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 61
Motion for extension of time until October 22, 2019 to answer Plaintiff's Amended Complaint filed by Defendant Kenneth Mills. (Chojnacki, Benjamin)
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Filing 60
Unopposed Motion for extension of time until 10/28/2019 to answer Plaintiff's Amended Complaint filed by Armond Budish, Brandy Carney, Ronald Channell, Cuyahoga County, Kurt Emerson, Joseph Johnston, Anter Miller, Clifford Pinkney, George Taylor. Related document(s) #55 . (Healy, Brendan)
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Order [non-document] granting #58 Defendant's Unopposed Motion for extension of time until October 22, 2019 to answer Amended Complaint. Eric J. Ivey answer due 10/22/2019. Judge Christopher A. Boyko on 10/4/2019.(D, I)
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Filing 59
Unopposed Motion for extension of time until October 28, 2019 to File Answer to Amended Complaint filed by Kristina Cashin, Raymond Jontony, Grace Lagreca, Diane Lessman, MetroHealth System, Beth Miller, Robert Mosher, Thomas A. Tallman, Lori True. Related document(s) #55 . (Vance, Victoria)
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Filing 58
Unopposed Motion for extension of time until October 22, 2019 to answer Amended Complaint filed by Defendant Eric J. Ivey. Related document(s) #55 . (Attachments: #1 Proposed Order)(Smoter, Sara)
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Filing 57
Original Summons issued to counsel for service upon Ronald Channell, Kurt Emerson, Joseph Johnston, Anter Miller. (W,CM)
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Filing 56
Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: #1 Summons Anter Miller, #2 Summons Joseph Johnston, #3 Summons Kurt Emerson, #4 Summons Ronald Channell)(Robenalt, Thomas)
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Filing 55
Amended complaint against All Defendants and adding new party defendant(s) Joseph Johnston, Ronald Channell, Anter Miller and Kurt Emerson. Filed by Marie Moderwell. (Robenalt, Thomas)
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Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephonic Case Management Conference held on September 17, 2019. The case is designated for the Complex Track. The deadline for amendments or adding parties is December 20, 2019. The Fact Discovery Cut-Off is March 31, 2020. The parties shall confer and on or before October 2, 2019, shall submit agreed proposed dates for a Settlement Conference to be conducted in the month of April, 2020 at 10:00 a.m. or 2:00 p.m. Note that lead counsel and parties with full settlement authority are required to attend in person and comply with the Court's Standing Settlement Conference Order. With regard to the pending Motion to Dismiss (ECF DKT #52 ) filed on September 5, 2019, per the Local Rules, Plaintiff shall have 30 days, until October 7, 2019, to file her Opposition Brief. Defendants' Reply Brief shall be due by October 21, 2019. (Court Reporter: None.)Time: 15 minutes. (D, I)
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Filing 54
Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(b) - parties do not consent to this case being assigned to the magistrate judge, filed by Armond Budish, Brandy Carney, Cuyahoga County, Clifford Pinkney, George Taylor. (Healy, Brendan)
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Filing 53
Order: Plaintiff's alternative request to amend her Complaint (Doc. #47 ) is granted and the Motion (Doc. #45 ) of Defendant Eric Ivey (in his individual capacity) to Dismiss for Failure to State a Claim is denied. Plaintiff shall file her First Amended Complaint, by September 25, 2019, curing any pleading deficiencies and clarifying the allegations of actions taken directly and individually by Defendant Eric Ivey which support her claims pursuant to 42 U.S.C. 1983. Judge Christopher A. Boyko on 9/11/2019.(D, I)
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Filing 52
Motion to dismiss for failure to state a claim as to Official Capacity Claims filed by Kristina Cashin, Raymond Jontony, Grace Lagreca, Diane Lessman, Beth Miller, Robert Mosher, Lori True. (Vance, Victoria)
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Filing 51
Order granting Plaintiff's Motion for Partial Dismissal of Official Capacity Claims (Related Doc #44 ). Defendants' Motion for judgment on the pleadings is denied (Related Doc #32 ). Judge Christopher A. Boyko on 8/19/2019.(D, I)
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Filing 50
Joint Motion to Extend Case Management Conference filed by Plaintiff Marie Moderwell. (Robenalt, Thomas)
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Order [non-document] granting #50 Joint Motion for Extension of Time. Case management conference RESET for 9/17/2019 at 2:30 PM before Judge Christopher A. Boyko. Counsel for plaintiff is to set up the call by calling Chambers with all counsel on the line at 216-357-7151 or providing call-in information to all counsel and the Court. Parties shall be available by phone, if needed. Judge Christopher A. Boyko on 8/19/2019.(D, I)
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Filing 49
Reply in support of #45 Motion to dismiss for failure to state a claim and Opposition to Plaintiff's Motion to Amend Her Complaint Pursuant to Fed.R.Civ.P. 15(a) filed by Eric J. Ivey. (Smoter, Sara)
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Filing 48
Notice of Case Management Conference with telephonic conference to be held on 9/19/2019 at 10:30 AM before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. Counsel for plaintiff is to set up the call by calling Chambers with all counsel on the line at 216-357-7151 or providing call-in information to all counsel and the Court. Parties shall be available by phone, if needed. Judge Christopher A. Boyko on 8/13/2019. (Attachments: #1 Report of Parties' Planning Meeting, #2 Consent Package)(S,HR)
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Filing 47
Opposition to #45 Motion to dismiss for failure to state a claim filed by All Plaintiffs. (Robenalt, Thomas) s/ by John Colan. Modified text on 8/12/2019 (S,SR).
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Filing 46
Answer to #1 Complaint with Jury Demand Endorsed filed by Kenneth Mills. (Chojnacki, Benjamin)
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Filing 45
Motion to dismiss for failure to state a claim filed by Defendant Eric J. Ivey. (Attachments: #1 Brief in Support)(Smoter, Sara)
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Filing 44
Response to #32 Motion for judgment on the pleadings as to all official capacity claims and Plaintiff's Motion for Partial Dismissal filed by All Plaintiffs. (Robenalt, Thomas)
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Filing 43
Waiver of Service Returned Executed upon Grace LaGreca filed on behalf of All Plaintiffs (Robenalt, Thomas) Modified text on 7/26/2019 (S,SR).
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Filing 42
Waiver of Service Returned Executed upon Beth Miller filed on behalf of All Plaintiffs (Robenalt, Thomas) Modified text on 7/26/2019 (S,SR).
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Filing 41
Waiver of Service Returned Executed upon Raymond Jontony filed on behalf of All Plaintiffs (Robenalt, Thomas) Modified text on 7/26/2019 (S,SR).
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Filing 40
Waiver of Service Returned Executed upon Kristina Cashin filed on behalf of All Plaintiffs (Robenalt, Thomas) Modified text on 7/26/2019 (S,SR).
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Filing 39
Waiver of Service Returned Executed upon Diane Lessman filed on behalf of All Plaintiffs (Robenalt, Thomas) Modified texton 7/26/2019 (S,SR).
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Filing 38
Waiver of Service Returned Executed upon Robert Mosher filed on behalf of All Plaintiffs (Robenalt, Thomas) Modified text on 7/26/2019 (S,SR).
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Filing 37
Waiver of Service Returned Executed upon MetroHealth System filed on behalf of All Plaintiffs (Robenalt, Thomas) Modified text on 7/26/2019 (S,SR).
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Filing 36
Waiver of Service Returned Executed upon Thomas Tallman filed on behalf of All Plaintiffs (Robenalt, Thomas) Modified text on 7/26/2019 (S,SR).
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Filing 35
Attorney Appearance by Robin M. Wilson and Sara A. Smoter filed by on behalf of Eric J. Ivey. (Wilson, Robin)
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Filing 34
Notice of Filing Affidavit of Merit filed by All Plaintiffs. (Attachments: #1 Affidavit of Merit)Related document(s) #33 .(Robenalt, Thomas)
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Filing 33
Affidavit of Daphne Glindmeyer filed by All Plaintiffs. (Robenalt, Thomas) Modified text on 6/27/2019 (S,SR).
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Order [non-document] granting Defendant Kenneth Mills' #31 Motion for extension of time until 7/21/2019 to Answer. Judge Christopher A. Boyko on 6/24/2019.(H,CM)
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Filing 32
Motion for judgment on the pleadings as to all official capacity claims with memorandum in support filed by Armond Budish, Brandy Carney, Cuyahoga County, Clifford Pinkney, George Taylor. Related document(s) #1 . (Healy, Brendan)
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Filing 31
Unopposed Motion for extension of time of 30 days until July 21, 2019 to answer filed by Defendant Kenneth Mills. Related document(s) #1 . (Chojnacki, Benjamin)
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Order [non-document] granting #30 Defendant's Motion for Extension of Time to Answer. Defendant Eric J. Ivey answer due 7/22/2019. Judge Christopher A. Boyko on 6/18/2019.(D, I)
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Filing 30
Second Unopposed Motion for extension of time of 30 days until 07/22/2019 to answer Plaintiff's Complaint filed by Armond Budish, Brandy Carney, Cuyahoga County, Clifford Pinkney, George Taylor. Related document(s) #1 . (Healy, Brendan)
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Filing 29
Order. Medical Defendants' Motion for leave to file opposition instanter to Plaintiff's Motion to Declare Ohio Rule of Civil Procedure 10(D)(2) Inapplicable or, in the alternative, Motion for Extension of Time to File an Affidavit of Merit (Related Doc #25 ) is granted. Plaintiff's Motion to Declare Ohio Rule of Civil Procedure 10(D)(2) Inapplicable or, in the alternative, Motion for Extension of Time to File an Affidavit of Merit (Related Doc #2 ) is granted in part..Plaintiff shall supplement Complaint with a Rule 10(D)(2) Affidavit by 8/30/2019. Medical Defendants' Motion to Extend Deadline to Answer, Move or Otherwise Respond to Plaintiff's Complaint (Related doc #26 ) is granted; deadline is extended to 9/30/2019. Judge Christopher A. Boyko on 5/30/2019.(H,CM)
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Filing 28
Waiver of Service Returned Executed by Marie Moderwell. Kenneth Mills waiver sent on 4/22/2019, answer due 6/21/2019 filed on behalf of Marie Moderwell (Robenalt, Thomas)
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Filing 27
Attorney Appearance by R. Todd Hunt and Benjamin G. Chojnacki filed by on behalf of Kenneth Mills. (Hunt, R.)
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Filing 26
Unopposed Motion for extension of time of 30 days to answer filed by Kristina Cashin, Raymond Jontony, Grace Lagreca, Diane Lessman, MetroHealth System, Beth Miller, Robert Mosher, Thomas A. Tallman, Lori True. Related document(s) #1 , #2 . (Vance, Victoria)
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Filing 25
Motion for leave to file memorandum opposition instanter to #2 Motion to Declare Ohio Rule of Civil Procedure 10(D)(2) Inapplicable or in the alternative, Motion for extension of time until June 17, 2019 filed by Kristina Cashin, Raymond Jontony, Grace Lagreca, Diane Lessman, MetroHealth System, Beth Miller, Robert Mosher, Thomas A. Tallman, Lori True. (Attachments: #1 Opposition)(Vance, Victoria)
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Filing 24
Attorney Appearance by Victoria L. Vance filed by on behalf of Kristina Cashin, Raymond Jontony, Grace Lagreca, Diane Lessman, MetroHealth System, Beth Miller, Robert Mosher, Thomas A. Tallman, Lori True. (Vance, Victoria)
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Filing 23
Attorney Appearance by David A. Bernstein filed by on behalf of Kristina Cashin, Raymond Jontony, Grace Lagreca, Diane Lessman, MetroHealth System, Beth Miller, Robert Mosher, Thomas A. Tallman, Lori True. (Bernstein, David)
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Filing 22
Answer to #1 Complaint with Jury Demand filed by Armond Budish, Brandy Carney, Cuyahoga County, Ohio, Clifford Pinkney, George Taylor. (Healy, Brendan)
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Order [non-document] granting Defendant Eric J. Ivey's #21 Motion for extension of time until 6/20/2019 to Answer. Judge Christopher A. Boyko on 5/20/2019.(H,CM)
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Filing 21
Unopposed Motion for extension of time of 30 days until June 20, 2019 to answer for Defendant Eric J. Ivey filed by Armond Budish, Brandy Carney, Eric J. Ivey, Cuyahoga County, Ohio, Clifford Pinkney, George Taylor. Related document(s) #1 . (Healy, Brendan)
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Filing 20
Waiver of Service Returned Executed by All Plaintiffs. MetroHealth System waiver sent on 3/26/2019, answer due 5/28/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 19
Waiver of Service Returned Executed by All Plaintiffs. Thomas A. Tallman waiver sent on 3/26/2019, answer due 5/28/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 18
Waiver of Service Returned Executed by All Plaintiffs. Clifford Pinkney waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 17
Waiver of Service Returned Executed by All Plaintiffs. Grace Lagreca waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 16
Waiver of Service Returned Executed by All Plaintiffs. Diane Lessman waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 15
Waiver of Service Returned Executed by All Plaintiffs. Beth Miller waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 14
Waiver of Service Returned Executed by All Plaintiffs. Raymond Jontony waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 13
Waiver of Service Returned Executed by All Plaintiffs. Kristina Cashin waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 12
Waiver of Service Returned Executed by All Plaintiffs. Robert Mosher waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 11
Waiver of Service Returned Executed by All Plaintiffs. Lori True waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 10
Waiver of Service Returned Executed by All Plaintiffs. Brandy Carney waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 9
Waiver of Service Returned Executed by All Plaintiffs. George Taylor waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 8
Waiver of Service Returned Executed by All Plaintiffs. Eric J. Ivey waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 7
Waiver of Service Returned Executed by All Plaintiffs. Cuyahoga County, Ohio waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 6
Waiver of Service Returned Executed by All Plaintiffs. Armond Budish waiver sent on 3/22/2019, answer due 5/21/2019 filed on behalf of All Plaintiffs (Robenalt, Thomas)
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Filing 5
Original Summons issued to counsel for service upon All Defendants. (S,SR)
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Filing 4
Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: #1 Budish Summons, #2 Carney Summons, #3 Cashin Summons, #4 Cuyahoga Summons, #5 Educare Summons, #6 Ivey Summons, #7 Jontony Summons, #8 LaGreca Summons, #9 Lessman Summons, #10 Metro Summons, #11 Miller Summons, #12 Mills Summons, #13 Mosher Summons, #14 Pinkney Summons, #15 Tallman Summons, #16 Taylor Summons, #17 True Summons)(Robenalt, Thomas)
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Filing 3
Magistrate Consent Form issued. No summons provided, no summons issued. (S,SR)
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Judge Christopher A. Boyko assigned to case, (S,SR)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,SR)
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| Filing 2 Motion for extension of time until June 17, 2019 to File an Affidavit of Merit filed by Plaintiff Marie Moderwell. (Robenalt, Thomas) |
| Filing 1 Complaint with jury demand Marie Moderwell, Administrator of the Estate of Larry Johnson, Deceased against All Defendants. Filing fee paid $ 400, Receipt number 0647-9208836.. Filed by Marie Moderwell. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Robenalt, Thomas) |
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