Lozada v. Case Western Reserve University
| Daniel Lozada |
| Case Western Reserve University |
| 1:2020cv02336 |
| October 13, 2020 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| David A Ruiz |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 63 Joint Motion for extension of Deadline to File Reply Briefs for Summary Judgment and Class Certification until December 7, 2023 filed by Defendant Case Western Reserve University. (Attachments: #1 Proposed Order Proposed Order)(Nash, Elliot) |
Order [non-document] granting Defendant Case Western Reserve University's unopposed Motion to exceed page limitation by up to 20 pages in brief in opposition to motion for class certification. (Related Doc #59 ) Judge David A. Ruiz on 11/13/2023. (K,SJ)
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| Filing 62 Opposition to #49 Motion for class certification filed by Case Western Reserve University. (Attachments: #1 Exhibit 1 - Deposition of Gareth Macartney, #2 Exhibit 2 - Declaration of Krystina Schmidt, Dated November 6, 2023, #3 Exhibit 3 - Deposition of Colleen Barker-Williamson, #4 Exhibit 4 - CWRU Responses to Plaintiffs Discovery Requests, #5 Exhibit 5 - Expert Report of Benjamin S. Wilner, #6 Exhibit 6 - CWRU Enrollment Trends)(Fanter, G.) |
| Filing 61 Opposition to #48 Motion for summary judgment filed by Daniel Lozada. (Attachments: #1 Exhibit 1: Tompkins Declaration In Support of Memorandum, #2 Exhibit A to Declaration: Depo Transcript of Colleen Barker-Williamson, #3 Exhibit B to Declaration: Defendant's Interrogatory Responses, #4 Exhibit C to Declaration: May 20, 2022 Email, #5 Exhibit D to Declaration: CWRU "Card Deck", #6 Exhibit E to Declaration: Case Western Promotional Brochure)(Goldenberg, Jeffrey) |
| Filing 60 Unopposed Motion for leave To File Memorandum of Law Under Seal filed by Plaintiff Daniel Lozada. (Attachments: #1 Proposed Order)(Goldenberg, Jeffrey) |
| Filing 59 Unopposed Motion for leave to exceed page limitations for Brief in Opposition to Motion for Class Certification filed by Defendant Case Western Reserve University. (Attachments: #1 Proposed Order)(Fanter, G.) |
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Order [non-document] granting Plaintiff's #58 Joint Motion for a 14 day extension of the deadline for Opposition and Reply Briefs for #48 Motion for Summary Judgment and #49 Motion for Class Certification. Opposition Briefs due 11/10/2023; Reply Briefs due 11/27/2023. Judge David A. Ruiz on 10/26/2023. (G,CA)
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| FILING ERROR - Wrong event. Granting Joint Motion #58 for extension of time to file responses/replies to Defendant Case Western Reserve University's Motion for Summary Judgment #48 and Plaintiff Daniel Lozada's Motion for Class Certification #49 . Opposition briefs due by November 10, 2023; replies due by November 27, 2023. Related document(s) #58 (K,SJ) Modified text and termed motion on 10/26/2023 (G,CA). |
| Filing 58 Joint Motion for extension of Oct. 27, 2023 until Nov. 10, 2023 filed by Plaintiff Daniel Lozada. Related document(s) #48 , #49 ,. (Attachments: #1 Proposed Order Proposed Order Granting Extension of Deadlines)(Tompkins, Michael) |
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Order [non-document] granting #57 Joint Motion for extension of time until 10/27/2023 to file responses to #48 Motion for summary judgment and #49 Motion for class certification and until 11/10/2023 to file replies. Judge David A. Ruiz on 10/03/2023.(K,SJ)
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| Filing 57 Joint Motion for extension of time to file response/reply to #48 Motion for summary judgment and #49 Motion for class certification until 10/27/2023 filed by Defendant Case Western Reserve University. Related document(s) #48 , #49 . (Attachments: #1 Proposed Order)(Nash, Elliot) |
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Filing 56
Order granting #55 Joint Motion for extension of the deadline for Opposition and Reply briefs for Motion for Summary Judgment and Class Certification. Opposition Briefs due 10/6/2023. Reply Briefs due 10/20/2023. Judge David A. Ruiz on 9/21/2023. (G,CA)
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| Filing 55 Joint Motion for extension of time until 10/06/2023 to file response/reply to #49 Motion for class certification , #48 Motion for summary judgment filed by Plaintiff Daniel Lozada. Related document(s) #49 , #48 . (Attachments: #1 Proposed Order)(Tompkins, Michael) |
| Filing 54 Exhibit C to the Affidavit of Michael A. Tompkins in Support of Plaintiff's Motion for Class Certification filed by Daniel Lozada. One disk and paper filing (1,066 pages) on file in the Clerk's Office. Related document(s) #49 . (L,Br) |
| Filing 53 SEALED Motion for Summary Judgment filed by Defendant Case Western Reserve University. (Related document(s) #37 , #51 , #48 ). (Attachments: #1 Memorandum in Support, #2 Exhibit 1 (Lozada Deposition), #3 Exhibit 2 (FRA), #4 Exhibit 3 (Tuition Refund Schedule), #5 Exhibit 4 (Barker-Williamson Deposition), #6 Exhibit 5 (March 11, 2020 Email), #7 Exhibit 6 (March 15, 2020 Email), #8 Exhibit 7 (Oct. 20, 2020 Email), #9 Exhibit 8 (Aug. 20, 2020 Email), #10 Exhibit 9 (Schmidt Declaration), #11 Exhibit 10 (Rupert Declaration), #12 Exhibit 11 (Oct. 19, 2020 Email), #13 Exhibit 12 (Macartney Deposition)) (Fanter, G.) |
| Filing 52 SEALED Document: Exhibit K to Tompkins Declaration in Support of Motion for Class Certification (unredacted expert report) filed by Daniel Lozada. (Related document(s) #51 , #49 ). (Attachments: #1 Exhibit L to Tompkins Declaration in Support of Motion for Class Certification (Ex. A from Def's Int. Resp. #6)) (Goldenberg, Jeffrey). Modified on 9/1/2023, filer notified of lack of cover page with case number, case caption and signature block (H,SP). |
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Filing 51
Order granting Plaintiff's Unopposed Motion for leave to file under seal (Related Doc #46 ) and Defendant's Unopposed Motion for leave to file under seal (Related Doc #47 ). Judge David A. Ruiz on 08/25/2023. (K,SJ)
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| Filing 50 Notice of Manual Filing filed by Daniel Lozada. (Goldenberg, Jeffrey) |
| Filing 49 Motion for class certification filed by Plaintiff Daniel Lozada. (Attachments: #1 Memorandum in Support, #2 Tompkins Declaration, #3 Exhibit A - Lozada Deposition Transcript, #4 Exhibit B - Lozada Financial Responsibility Agreement, #5 Exhibit C - CWRU General Bulletin 2019-2020 (to be manually filed), #6 Exhibit D - CWRU Undergraduate Bulletin 2019-20, #7 Exhibit E - Cost of Attendance Website, #8 Exhibit F - Tuition & Fee Bill, #9 Exhibit G - Financial Responsibility Agreement, #10 Exhibit H - CWRU002125-2128, #11 Exhibit I - CWRU002565-2567, #12 Exhibit J - Cost of Attendance Website 8-13-19, #13 Exhibit K - Expert Report (redacted), #14 Exhibit L - Spreadsheet (to be filed under seal), #15 Exhibit M - Tuition & Fees Website, #16 Exhibit N -University Registrar website, #17 Exhibit O - CWRU002013-2018, #18 Exhibit P - Lozada's Interrogatory Responses, #19 Exhibit Q to Declaration: Tuition & Aid website, #20 Exhibit R - Leeds Brown Bio, #21 Exhibit S - Sultzer Law Group Bio, #22 Exhibit T -Goldenberg Schneider Bio). (Goldenberg, Jeffrey) |
| Filing 48 Motion for summary judgment filed by Defendant Case Western Reserve University. Related document(s) #37 , #47 . (Attachments: #1 Brief in Support of Motion for Summary Judgment, #2 Exhibit 1 - Lozada Deposition, #3 Exhibit 2 - FRA, #4 Exhibit 3 - Tuition Refund Schedule, #5 Exhibit 4 - Barker-Williamson Deposition, #6 Exhibit 5 - March 11, 2020 Email, #7 Exhibit 6 - March 15, 2020 Email, #8 Exhibit 7 - Oct. 20, 2020 Email, #9 Exhibit 8 - Aug. 20, 2020 Email, #10 Exhibit 9 -Schmidt Declaration, #11 Exhibit 10 - Rupert Declaration, #12 Exhibit 11 - Oct. 19, 2020 Email, #13 Exhibit 12 - Macartney Deposition). (Fanter, G.) |
| Filing 47 Unopposed Motion for leave to file under seal exhibits and portions of its motion for summary judgment filed by Defendant Case Western Reserve University. Related document(s) #37 . (Attachments: #1 Proposed Order Granting Motion for Leave)(Fanter, G.) |
| Filing 46 Unopposed Motion for leave to File Certain Exhibits Under Seal filed by Plaintiff Daniel Lozada. (Attachments: #1 Exhibit 1: Proposed Order, #2 Exhibit 2: Martinez v. Univ. of San Diego Order)(Goldenberg, Jeffrey) |
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Filing 45
Order granting #44 Joint Motion for extension of Summary Judgment and Class Certification Briefing Deadline until August 23, 2023. Judge David A. Ruiz on 07/20/2023.(K,SJ)
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| Filing 44 Joint Motion for extension of Summary Judgment and Class Certification Briefing Deadline until August 23, 2023 filed by Defendant Case Western Reserve University. (Attachments: #1 Proposed Order Granting Extension)(Nash, Elliot) |
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Order [non-document] granting Plaintiff's #43 Motion for appearance pro hac vice by attorney Anthony M. Alesandro for Daniel Lozada. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 03/20/2023. (K,SJ)
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| Filing 43 Motion for attorney Anthony M. Alesandro to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11866593, filed by Plaintiff Daniel Lozada. (Attachments: #1 Declaration of Anthony M. Alesandro)(Goldenberg, Jeffrey) |
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Order [non-document]: The Court having previously granted multiple extensions and amendments to the Case Management Order, Plaintiff now moves (R. #40 ) to amend and revise the dates set in the most recent Order. That motion is granted in part and denied in part. The parties agree to an additional 45-day extension of fact discovery, but disagree on Plaintiff's requests to substantially enlarge the case management schedule further by bifurcating expert reports on class certification and class merits, and to further enlarge the time for expert discovery, dispositive motions, and other deadlines. (R. #42 ). Plaintiff has not shown good cause to bifurcate expert reports nor to enlarge case management deadlines in full as proposed. Therefore, Plaintiff's requests in that regard is denied. However, the Court grants a final amendment of the Case Management Order and sets the following revised deadlines: Fact discovery March 24, 2023; Plaintiff expert reports March 24, 2023; Defendant expert reports April 25, 2023; Depositions of experts June 26, 2023; All fact and expert discovery June 26, 2023; Motions for Class Certification and Summary Judgment July 24, 2023. Judge David A. Ruiz on 2/1/2023. (G,CA)
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Order [non-document] granting Plaintiff's #39 Motion for appearance pro hac vice by attorney Mindy Dolgoff for Daniel Lozada. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 1/6/2023. (G,CA)
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| Filing 42 Response to #40 Motion to Amend October 18, 2022 Scheduling Order filed by Case Western Reserve University. (Attachments: #1 Proposed Order) (Fanter, G.) |
| Filing 41 Attorney Appearance by Elliot Nash filed by on behalf of Case Western Reserve University. (Nash, Elliot) |
| Filing 40 Motion to Amend October 18, 2022 Scheduling Order filed by Plaintiff Daniel Lozada. Related document(s) #38 . (Attachments: #1 Exhibit 1: Proposed Order) (Goldenberg, Jeffrey) |
| Filing 39 Motion for attorney Mindy Dolgoff to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11765633, filed by Plaintiff Daniel Lozada. (Attachments: #1 Declaration of Mindy Dolgoff)(Goldenberg, Jeffrey) |
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Filing 38
Order granting #35 Second Joint Motion for extension of 7/25/2022 Scheduling Order. Fact discovery deadline 2/7/2023; Plaintiff's expert reports due 2/7/2023; Defendant's expert reports due 3/11/2023; Depositions of experts completed by 5/10/2023; All fact and expert discovery completed by 5/10/2023; Motion for class certification and summary judgment due by 6/9/2023. Judge David A. Ruiz on 10/18/2022. (G,CA)
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| Filing 37 Stipulated Protective Order regarding confidential documents. Judge David A. Ruiz on 10/18/2022. (K,SJ) |
| Filing 36 Notice of Withdrawal of Clair Pena as Counsel for Defendant Case Western Reserve University filed by Case Western Reserve University. (Rendon, Carole) |
| Filing 35 Second Joint Motion for 90-day extension of July 25, 2022 Scheduling Order filed by Defendant Case Western Reserve University. (Attachments: #1 Proposed Order)(Fanter, G.) Modified on 10/18/2022 (W,Jo). |
| Filing 34 Joint Motion for protective order filed by Defendant Case Western Reserve University. (Attachments: #1 Proposed Stipulated Protective Order) (Fanter, G.) |
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Filing 33
Order granting: Parties' Joint #32 Motion requesting Extension of Dates in March 18, 2022 Scheduling Order #31 . Fact discovery deadline 11/9/2022; Plaintiff's expert reports due 11/9/2022; Defendant's expert reports due 12/11/2022; Depositions of experts completed by 2/9/2023; All fact and expert discovery completed by 2/9/2023; Motion for class certification and summary judgment due by 3/11/2023. Judge David A. Ruiz on 7/25/2022. (F,JM)
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| Filing 32 Joint Motion for extension of 90 days, all deadlines set in the March 18, 2022 Scheduling Order filed by Defendant Case Western Reserve University. (Attachments: #1 Proposed Order) (Fanter, G. s/by Carole S. Rendon). Modified on 7/26/2022, filer notified that s/signature should be same as filer (H,SP). |
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Filing 31
Order granting Plaintiff's Unopposed #29 Motion for extension of Certain Deadlines In Scheduling Order [Minute Entry Aug. 11, 2021]. Fact discovery deadline 8/11/2022; Plaintiff's expert reports due 8/11/2022; Defendant's expert reports due 9/12/2022; Depositions of experts completed by 11/11/2022; All fact and expert discovery completed by 11/11/2022; Motion for class certification and summary judgment due by 12/11/2022. Judge David A. Ruiz on 3/18/2022. (G,CA)
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| Filing 30 Joint Status Report filed by Daniel Lozada. (Goldenberg, Jeffrey) |
| Filing 29 Unopposed Motion for extension of Certain Deadlines In Scheduling Order [Minute Entry Aug. 11, 2021] filed by Plaintiff Daniel Lozada. (Attachments: #1 Exhibit 1: Proposed Order)(Goldenberg, Jeffrey) |
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Filing 28
Order: All prior orders issued in this action, including (but not limited to) Initial Orders and Case Management Orders, shall remain in effect unless such order(s) were superseded by subsequent court order(s). Parties are ordered to confer and file a brief Joint Status Report within 14 days of this Order. IMPORTANT: Parties are advised to carefully read this Order for additional information and requirements. Judge David A. Ruiz on 2/28/2022. (H,SN)
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| Case reassigned to District Judge David A. Ruiz pursuant to General Order 2022-03. (K,AR) |
| Filing 27 Answer to #13 Amended complaint filed by Case Western Reserve University. (Rendon, Carole) |
| Minutes of proceedings [non-document] On August 11, 2021, the Court held a telephonic conference attended by Plaintiff Daniel Lozada; Plaintiff's counsel Jeffery Goldberg and Michael Tompkins; Defendant's representative Gabrielle Lincoff; and Defendant's counsel Carole Rendon, Douglas Shively, and Karl Fanter. The Court discussed the unsuccessful mediation and how the case should proceed moving forward. The Court expressed its dismay with the parties' resolution discussions and informed the parties that there will be no more judicial efforts exhausted on settling this case. At the parties' request, the Court issued the proposed litigation schedule, ECF Doc. #23 . Accordingly, per ECF Doc. #23 , the discovery schedule is as follows: initial disclosures are due no later than August 25, 2021; the fact discovery deadline is April 11, 2022; Plaintiff's expert disclosure is due no later than April 11, 2022; Defendant's expert disclosure is due May 11, 2022; Depositions of experts shall be completed no later than July 11, 2022; All fact and expert discovery shall be completed no later than July 11, 2022; Class certification and summary judgment briefs (if any) shall be filed no later than August 11, 2022. Nothing further was scheduled. (Court Reporter: n/a.) Time: 25 minutes. (K,K) |
| IMPORTANT: Notice [non-document] of Telephone Conference with counsel and clients set for 8/11/2021 at 10:30 AM before Judge Dan Aaron Polster. (K,K) |
| Filing 26 Minutes of proceedings before Magistrate Judge William H. Baughman, Jr. Mediation conference held via Zoom videoconferencing on 8/6/21 at 11:00 a.m. After lengthy discussions and consideration of various proposals to settle all or some of the claims at issue, the parties were unable to resolve the case. The parties and counsel were urged to continue their efforts to try to resolve the case. Referral for mediation is terminated. (Time: 4 1/2 hours) (D,Ky) |
| Filing 25 Minutes of proceedings before Magistrate Judge William H. Baughman, Jr.Pre-mediation conference held via Zoom videoconferencing on 8/3/21 at 11:00 a.m. Counsel provided a status report on the litigation and their efforts to date to settle all claims in the case. Counsel indicated that their respective clients are prepared to engage in good-faith efforts to mediate the case to resolution at the mediation session scheduled for August 6, 2021 at 11:00 a.m. Time: 1 hour. (D,Ky) |
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Filing 24
Order scheduling zoom mediation conference for 8/6/2021 at 11:00 AM before Magistrate Judge William H. Baughman Jr. Zoom Status conference (Counsel only) is scheduled for 8/3/2021 at 11:00 AM. Confidential mediation statements are due to chambers by 7/30/21. Counsel will receive zoom links in separate email. Signed by Magistrate Judge William H. Baughman, Jr., on 7/20/21. (D,Ky)
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Order (non-document) referring case to Magistrate Judge William H. Baughman, Jr for mediation. The mediation shall be conducted with 30 days of this order. Judge Dan Aaron Polster on 7/15/21. (P,R)
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Order [non-document] granting the parties' request for an additional 10 days to advise whether mediation should take place before the discovery schedule is entered. The parties are to file a report with the Court no later than July 15, 2021, at noon EST. (Related document #23 ). Approved by Judge Dan Aaron Polster on 7/2/21. (W,CM)
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| Filing 23 Joint Letter Regarding Proposed Discovery Schedule and Potential Settlement Conference filed by All Plaintiffs. (Tompkins, Michael) |
| Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On June 23, 2021, the Court held a telephonic conference attended by Plaintiff Daniel Lozada; Plaintiff's counsel Jeffery Goldberg and Michael Tompkins; Defendant's representative Gabrielle Lincoff; and Defendant's counsel Carole Rendon. The Court discussed the procedure of the case moving forward. Plaintiff informed the Court that he is willing to engage in settlement of the fees so long as he has the opportunity to appeal the Court's decision in regards to his tuition claim(s). Defendant informed the Court that it is willing to engage in settlement of fees, but not if Plaintiff will continue to litigate the case by appealing this Court's decision on his tuition claim(s). The Court offered to certify the case to the Sixth Circuit and stay the case, but the parties did not consent to this course of action. The Court suggested that Defendant consider engaging in mediation for both the fees and some reduced portion of tuition in order to aid settlement. The Court instructed the parties to submit a proposed joint litigation schedule no later than July 1, 2021, at noon EST. If the parties are interested in mediation, they are to state such in their joint litigation schedule. Time: 25 minutes. (W,CM) |
| IMPORTANT: Notice [non-document] of Telephone Conference set for 6/23/2021 at 02:30 PM to be held telephonically before Judge Dan Aaron Polster. (W,CM) |
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Filing 22
Order. For the reasons stated in the Order, Case Western's Motion to Dismiss for failure to state a claim, ECF Doc. #15 , is GRANTED IN PART and DENIED IN PART. The Court hereby GRANTS Case Western's Motion as to Lozada's breach of contract and unjust enrichment claim for a partial refund of his tuition, and conversion and taking of property claim. The Court DENIES Case Western's Motion as to Lozada's breach of contract and unjust enrichment claim as to a refund of at least some of his mandatory fees. Signed by Judge Dan Aaron Polster on 6/14/2021. (W,CM)
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| Filing 21 Reply in support of #15 Motion to dismiss for failure to state a claim filed by Case Western Reserve University. (Rendon, Carole) |
| Filing 20 Response to #15 Motion to dismiss for failure to state a claim (Supplemental) filed by Daniel Lozada. (Attachments: #1 Exhibit A: Lozada Acceptance Letter, #2 Exhibit B: Lozada Enrollment Acknowledgment, #3 Exhibit C: Cost of Attendance, #4 Exhibit D: Smith v. Ohio State MTD Decision, #5 Exhibit E: Supplemental Authority)(Goldenberg, Jeffrey) |
| Minutes of proceedings [non-document] On April 13, 2021, the Court held a telephonic conference attended by Plaintiff Daniel Lozada; Plaintiff's counsel Jeffery Goldberg and Michael Tompkins; Defendant's representative Gabrielle Lincoff; and Defendant's counsel Carole Rendon. The Court discussed the parties' mediation position papers and expressed concern as to whether the mediation will be meaningful. Plaintiff explained their position, and ultimately, agreed that the mediation should be canceled. The Court canceled the April 14, 2021 mediation and asked the parties whether they consent to the case being transferred to the Magistrate Judge. Plaintiff consented to the case being transferred to the Magistrate Judge, and Defendant informed the Court that they will let the Court know by no later than Friday, April 16, 2021. The Court resumed the parties' briefing schedule. At Plaintiff's request, Plaintiff's supplemental brief is due no later than April 27, 2021, at 4pm. Defendant's reply is due no later than May 27, 2021, at 4pm. As stated above, the mediation scheduled for April 14, 2021 is hereby canceled. (Court Reporter: n/a.) Time: 20 minutes. (K,K) |
| Filing 19 Opposition to #15 Motion to dismiss for failure to state a claim filed by Daniel Lozada. (Attachments: #1 Exhibit A: Spiegel v. Trustees of Indiana Univ., #2 Exhibit B: Rojas v. Florida Board of Governors)(Goldenberg, Jeffrey) |
| Minutes of proceedings [non-document] On February 8, 2021, the Court held a Zoom Case Management Conference attended by Plaintiff Daniel Lozada; Plaintiff's counsel Jeffrey Goldenberg and Michael Tompkins; Defendant's representatives Gabrielle Lincoff and Sharon Fry; and Defendants counsel Carole Rendon, Douglas Shively, and G. Karl Fanter. The Court gathered facts relating to Plaintiff's Complaint and discussed the nature of the case. The parties tentatively consented to a Zoom mediation scheduled for April 14, 2021, at 9am ET. The parties shall submit to the Court and exchange position statements no later than Monday, April 12, 2021, at 12pm ET. Clients and counsel are required to attend the mediation, and Zoom instructions will be provided. The parties shall conduct limited discovery relating to fees until March 1, 2021. The parties are to inform the Court if the mediation will not be moving forward by February 25, 2021, at 4pm ET. Due to the scheduled mediation, the Court will extend the deadline(s) for responsive briefs at the request of counsel. Time: 1 hour. (K,K) |
| Filing 18 Initial Disclosures filed by Case Western Reserve University. (Rendon, Carole) |
| Filing 17 Initial Disclosures Pursuant to FRCP 26(a)(1) filed by Daniel Lozada. (Goldenberg, Jeffrey) |
| Filing 16 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Daniel Lozada. (Goldenberg, Jeffrey) |
| Filing 15 Motion to dismiss for failure to state a claim filed by Defendant Case Western Reserve University. Related document(s) #13 . (Attachments: #1 Brief in Support Memorandum In Support, #2 Exhibit Declaration of Krystina Schmidt, #3 Exhibit Regard v. University of Kentucky)(Rendon, Carole) |
| Notice [non-document] - 2/8/2021 case management conference reset for 01:30 PM (change of time only). (P,R) |
| Filing 14 Case Management Conference Scheduling Order. Case management conference to be held on 2/8/2021 at 01:00 PM to be held telephonically before Judge Dan Aaron Polster. Judge Dan Aaron Polster on 1/6/21(P,R) |
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Order [non-document] - Defendant's Motion to dismiss, Doc. #: #11 , is denied as moot. Defendant may file an answer or motion to dismiss to Plaintiff's Amended Complaint, Doc. #: #13 , no later than January 20, 2021. Judge Dan Aaron Polster on 1/6/21.(P,R)
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| Filing 13 Amended class action complaint against Case Western Reserve University. Filed by Daniel Lozada. (Goldenberg, Jeffrey) |
| Filing 12 Notice of Withdrawal of Marvin C. Brown IV as Counsel for Defendant Case Western Reserve University filed by Case Western Reserve University. (Brown, Marvin) |
| Filing 11 Motion to dismiss for failure to state a claim filed by Defendant Case Western Reserve University. Related document(s) #1 . (Attachments: #1 Memorandum In Support, #2 Declaration of Krystina Schmidt)(Rendon, Carole) |
| Filing 10 Corporate Disclosure Statement filed by Case Western Reserve University. (Rendon, Carole) |
| Filing 9 Attorney Appearance of Carole S. Rendon, Douglas Shively, Karl Fanter, and Marvin C. Brown IV by Carole S. Rendon Baker & Hostetler LLP filed by on behalf of All Defendants. (Rendon, Carole) |
| Filing 8 Waiver of Service Returned Executed by Daniel Lozada. Case Western Reserve University waiver sent on 10/14/2020, answer due 12/14/2020 filed on behalf of Daniel Lozada (Goldenberg, Jeffrey) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jeffrey K. Brown for Daniel Lozada. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #7 ). Approved by Judge Dan Aaron Polster on 11/6/2020.(K,K)
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| Filing 7 Motion for attorney Jeffrey K. Brown to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10395447, filed by Plaintiff Daniel Lozada. (Attachments: #1 Declaration of Jeffrey K. Brown)(Goldenberg, Jeffrey) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Brett R. Cohen for Daniel Lozada. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #6 ). Approved by Judge Dan Aaron Polster on 11/4/2020.(K,K)
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| Filing 6 Motion for attorney Brett R. Cohen to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10392942, filed by Plaintiff Daniel Lozada. (Attachments: #1 Affidavit of Brett R. Cohen)(Goldenberg, Jeffrey) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Michael A. Tompkins for Daniel Lozada. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #5 ). Approved by Judge Dan Aaron Polster on 11/2/2020.(K,K)
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| Filing 5 Motion for attorney Michael A. Tompkins to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10385396, filed by Plaintiff Daniel Lozada. (Attachments: #1 Declaration of Michael A. Tompkins in Support of Motion for Admission Pro Hac Vice)(Goldenberg, Jeffrey) |
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Order [non-document] granting Motions for appearance pro hac vice by attorneys Jason P. Sultzer and Jeremy B. Francis for Daniel Lozada. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # #3 , #4 ). Approved by Judge Dan Aaron Polster on 10/21/2020.(K,K)
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| Filing 4 Motion for attorney Jeremy B. Francis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10356389, filed by Plaintiff Daniel Lozada. (Attachments: #1 Affidavit of Jeremy B. Francis)(Goldenberg, Jeffrey) |
| Filing 3 Motion for attorney Jason P. Sultzer to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10356358, filed by Plaintiff Daniel Lozada. (Attachments: #1 Affidavit of Jason P. Sultzer)(Goldenberg, Jeffrey) |
| Filing 2 Magistrate Consent Form issued. Summons not provided, and were not issued. (L,MI) |
| Judge Dan Aaron Polster assigned to case. (L,MI) |
| 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, Jr. (L,MI) |
| Filing 1 Class Action Complaint with jury demand against Case Western Reserve University. Filing fee paid $ 400, Receipt number AOHNDC-10339184. Filed by Daniel Lozada. (Attachments: #1 Civil Cover Sheet) (Goldenberg, Jeffrey) |
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