McCoy et al v. Campo et al
| Laura Thompson, Maiya McCoy, Jennifer Ginley and Martin Robinson |
| Sheffield Lake Police Department, Lorain County Sheriff's Department, Elyria Police Department, Robert Whiting, Tony Campo, Holly Brinda, Deborah Hurlburt, John Hunter, Paul Adams, Duane Whitely, Heath Tester, Judge Chris Cook, John Doe 1-3, Ohio State Patrol, State of Ohio, FNU Fuller, Oberlin Police Department, James Simone, Attorney John Toth, John Doe, Department of Rehabilitation and Correction, Officer Bashshar Wiley, Laura Dezort, Assistant Deputy FNU Hudson, Tony Cillo, Correction and Inspection Committee, Lorain County SWAT and Annette Chambers |
| 1:2020cv02489 |
| November 3, 2020 |
| U.S. District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 Acknowledgment of receipt of original state court record received on 12/16/2020 from Lorain Count Court of Common Pleas. Related document(s) #16 . (S,AN) |
Filing 23
Judgment Entry For the reasons stated in the contemporaneously-filed #22 Memorandum Opinion and Order, and pursuant to Federal Rule of Civil Procedure 58, it is hereby ordered, adjudged, and decreed that the above-captioned case is hereby terminated and dismissed. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. Signed by Judge Dan Aaron Polster on 12/18/2020. (K,K)
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Filing 22
Memorandum of Opinion and Order For the reasons stated in the Order, (1) Robinson's claims are dismissed without prejudice, and McCoy's, Thompson's, and Ginley's claims are dismissed pursuant to Apple v. Glenn; (2) Plaintiffs' Motion For a Temporary Restraining Order and Preliminary Injunction (Doc. No. #19 ) is denied; (3) the Motions to Dismiss filed by the following defendants are denied as moot: Tester, Hurlburt, Adams, and Lorain County Sheriff's Department (Doc. Nos. #3 , #12 ); Whitely, Whiting, and Brinda (Doc. Nos. #4 , #10 ); Hunter (Doc. Nos. #5 , #13 ); and Sheffield Lake Police Department and Campo (Doc. Nos. #6 , #14 ); (4) the Joint Motion to Strike Plaintiffs' Second Amended Complaint (Doc. No. #15 ) is denied as moot; and (5) Plaintiffs' Motion to file documents under seal (Doc. No. #17 ) is denied as moot. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. Signed by Judge Dan Aaron Polster on 12/18/2020. (K,K)
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| Copy of #22 Memorandum Opinion and Order and #23 Judgment Entry mailed to Jennifer Ginley at 750 Oliver Street, Sheffield Lake, OH 44054; Laura Thompson T 770 Oliver Street, Sheffield Lake, OH 44054 and Maiya McCoy at 1816 Clover Avenue, Cleveland, OH 44109 on 12/18/2020. (K,K) |
| Filing 21 Original Summons mailed to plaintiff for service upon Paul Adams, Holly Brinda, Tony Campo, Annette Chambers, Tony Cillo, Chris Cook, Laura Dezort, FNU Fuller, John Hunter, Deborah Hurlburt, Lorain County SWAT, Lorain County Sheriff's Department, Ohio State Patrol, James Simone, Heath Tester, John Toth, Duane Whitely, Robert Whiting, Bashshar Wiley. (S,AN) |
| Filing 20 Third Amended complaint against All Defendants and adding new party defendant(s) Annette Chambers, Assistant Deputy Hudson, Oberlin Police Department, Officer Bashshar Whiley, John Doe Negotiator, John Doe 1-3. Filed by Laura Thompson, Maiya McCoy, Martin Robinson, Jennifer Ginley. (Attachments: #1 Envelope) (S,AN) |
| Filing 19 Motion for Temporary Restraining Order and Motion for Preliminary Injunction against Ohio Prison System and Abuse from Inmates filed by Plaintiff Martin Robinson. (Attachments: #1 Envelope)(S,AN) |
| Filing 18 Opposition to #17 Motion to file documents under seal filed by Sheffield Lake Police Department. (Hunt, R.) |
| Filing 17 Motion to file documents under seal filed by Plaintiff Maiya McCoy. (Attachments: #1 Envelope)(L,MI) |
| Filing 16 Certified Copy of State Court documents received from Lorain County Court of Common Pleas. (Attachments: #1 Acknowledgement Letter to Lorain County Court) (R,AP) |
| Filing 15 Joint Motion to strike Plaintiffs' Second Amended Complaint #9 filed by Tony Campo, Sheffield Lake Police Department. (Hunt, R.) |
| Filing 14 Motion to dismiss for failure to state a claim Second Amended Complaint with memorandum in support filed by Tony Campo, Sheffield Lake Police Department. (Hunt, R.) |
| Filing 13 Motion to dismiss for failure to state a claim filed by Defendant John Hunter. (Boyer, Kallen) |
| Filing 12 Motion to dismiss for failure to state a claim Second Amended Complaint with memorandum in support filed by Paul Adams, Deborah Hurlburt, Lorain County Sheriff's Department, Heath Tester. Related document(s) #9 . (Williams, Terence) |
| Filing 11 Reply in support of #3 Motion to dismiss for failure to state a claim filed by Paul Adams, Deborah Hurlburt, Lorain County Sheriff's Department, Heath Tester. (Williams, Terence) |
| Filing 10 Motion to dismiss for failure to state a claim Second Amended Complaint with memorandum in support filed by Holly Brinda, Duane Whitely, Robert Whiting. (Smith, David) |
| Filing 9 Second Amended complaint against All Defendants and adding new party plaintiff(s) Martin Robinson and new party defendant(s) State of Ohio, Ohio State Patrol, Department of Rehabilitation and Correction, Correction Inspection Committee (CICC), Lorain County SWAT, James Simone, FNU Fuller Lorain County Sheriff Deputy, Judge Chris Cook, Attorney John Toth, Laura Dezort, and Tony Cillo, filed by Jennifer Ginley, Laura Thompson, Maiya McCoy, Martin Robinson. (Attachments: #1 Envelope) (S,AN) (document does not contain an original signature) |
| Filing 8 Response to #3 Motion to dismiss for failure to state a claim filed by All Plaintiffs. (Attachments: #1 Envelope)(S,AN) |
| Filing 7 Attorney Appearance by Cara M. Wright filed by on behalf of Holly Brinda, Duane Whitely, Robert Whiting. (Wright, Cara) |
| Filing 6 Motion to dismiss for failure to state a claim with memorandum in support filed by Tony Campo, Sheffield Lake Police Department. (Hunt, R.) |
| Filing 5 Motion to dismiss Plaintiffs' Amended Complaint filed by Defendant John Hunter. (Boyer, Kallen) |
| Filing 4 Motion to dismiss for failure to state a claim filed by Holly Brinda, Duane Whitely, Robert Whiting. (Smith, David) |
| Filing 3 Motion to dismiss for failure to state a claim filed by Paul Adams, Deborah Hurlburt, Lorain County Sheriff's Department, Heath Tester. Related document(s) #1 . (Williams, Terence) |
| Filing 2 Magistrate Consent Form issued. (L,MI) |
| Filing 1 Notice of Removal from Lorain Common Pleas, case number 20CV201124 with jury demand, Filing fee paid $ 400, receipt number AOHNDC-10394174. Filed by Heath Tester, Lorain County Sheriff's Department, Deborah Hurlburt, Paul Adams. (Attachments: #1 Civil Cover Sheet, #2 Amended Complaint, #3 Complaint, #4 Summons - File Copy, #5 Summons - Whitely, #6 Summons - Campo, #7 Pleading 2020-05-12 Court Je - Recusal of Judge Cook & Transfered to Judge Ewers, #8 Pleading 2020-05-15 Affidavit for Disqualification of Judge Cook, #9 Pleading 2020-05-22 Letter to Clerk, #10 Pleading 2020-06-09 Elyria Motion to Dismiss, #11 Pleading 2020-06-10 Campo Answer Complaint, #12 Pleading 2020-06-15 County Ds Motion to Dismiss, #13 Pleading 2020-06-15 County Ds Motion to Dismiss, #14 Pleading 2020-07-17 NOApp of Atty Rhys Brendan Cartwright-Jones as Counsel for McCoy, #15 Pleading 2020-07-21 JE granting Campo & Sheffield MFL Motion to Dismiss, #16 Pleading 2020-07-24 Motion to Withdraw Rhys Brendan Cartwright Jones as Counsel, #17 Pleading 2020-07-29 Ps MFE to Respond to Campo's Motion to Dismiss, #18 Pleading 2020-08-04 JE Granting Ps MTRespond to Ds Motion to Dismiss & Pretrial Set for 9.8.20, #19 Pleading 2020-08-24 Ps BIO to Motion to Dismiss & Request for additional Relief, #20 Pleading 2020-08-26 Reply of Defts Campo & Sheffield Lake PD to Pltf's BIO to Deft's Motion to Dismiss, #21 Pleading 2020-09-01 Ps Motion to Appear by Phone, #22 Pleading 2020-09-03 Fax Filing Conf of Ds RIS of Motion to Dismiss, #23 Pleading 2020-09-03 Fld County Ds Reply to MTD, #24 Pleading 2020-09-03 Fld NOAppearance TLW, #25 Pleading 2020-09-03 Hunter RIS of MTD, #26 Pleading 2020-09-08 JE Granting Pltf's Leave to File Amended Complaint & Status Conference Set 9-23, #27 Pleading 2020-09-21 Cartwright-Jones Motion to Withdraw) (Williams, Terence) |
| 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) |
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