Rogers et al v. Horwitz et al
Jacalyn Rogers and Blake Rogers |
Nathalie Supler, City of Beachwood, Gary Haba, Diane Calta, Martin Horwitz and James Pasch |
1:2020cv02568 |
November 16, 2020 |
US District Court for the Northern District of Ohio |
J Philip Calabrese |
Dan Aaron Polster |
Civil Rights: Other |
42 U.S.C. § 1983 |
Both |
Docket Report
This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 20 Stipulated Protective Order. Judge J. Philip Calabrese on 1/13/2021. (Y,A) |
Filing 19 Minute Entry with Case Management Plan and Scheduling Order This case was before the court for a Case Management Conference by telephone on January 13, 2021. The Court hereby enters the Case Management Plan and Scheduling Order. This case is assigned to the Standard track, is not presently referable to ADR, and the parties do not consent to the jurisdiction of a magistrate judge. Defendants are to file their forthcoming Rule 12(c) motion no later than January 31, 2021. Defendants are to turn over responsive non-privileged emails, as was discussed, no later than February 12, 2021. A Telephone Status Conference is set in this matter for Thursday, February 18, 2021 at 3:00 p.m. Counsel are required to attend; parties may attend if they so choose. Important: counsel and parties are cautioned to review the attached order in its entirety, as all relevant dates and directives may not be included in the text of this docket entry. SO ORDERED. Judge J. Philip Calabrese on 1/13/2021. (Time: 44 minutes.) (Y,A) |
Order [non-document] As noted in the Court's entry and Order (ECF No. #19 ), during the case management conference, the Court and parties discussed the current posture of the action, specifically Defendants' pending motion for judgment on the pleadings (ECF No. #9 .) After discussion and in light of Plaintiffs' amended complaint (ECF No. #12 ), the parties agreed it made sense for the Court to deny the pending motion without prejudice so Defendants could file a forthcoming Rule 12(c) motion that addressed the amended complaint. Accordingly, the Court DENIES the motion WITHOUT PREJUDICE with the understanding that Defendants new Rule 12(c) motion is forthcoming. SO ORDERED. Judge J. Philip Calabrese on 1/13/2021. (Y,A) |
Order [non-document] Pursuant to the parties agreement in the Rule 26(f) Report (ECF No. #12 , PageID #236), the Court ORDERS that pursuant to Evidence Rule 502(d), any inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege or protection in this or any other federal or state proceeding. SO ORDERED. Judge J. Philip Calabrese on 1/13/2021. (Y,A) |
Filing 18 Opposition to #9 Motion for partial judgment on the pleadings - partial filed by All Plaintiffs. (Gross, Kevin) |
Filing 17 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Diane Calta, City of Beachwood, Gary Haba, Martin Horwitz, James Pasch, Nathalie Supler. (McLandrich, John) |
Filing 16 Answer to #12 Amended complaint filed by Diane Calta, City of Beachwood, Gary Haba, Martin Horwitz, James Pasch, Nathalie Supler. (McLandrich, John) |
Filing 15 Initial Disclosures filed by Diane Calta, City of Beachwood, Gary Haba, Martin Horwitz, James Pasch, Nathalie Supler. (Williams, Terence) |
Filing 14 Initial Disclosures filed by All Plaintiffs. (Gross, Kevin) |
Filing 13 Initial Disclosures Notice of Service filed by Diane Calta, City of Beachwood, Gary Haba, Martin Horwitz, James Pasch, Nathalie Supler. (Williams, Terence) |
Filing 12 First Amended complaint against All Defendants. Filed by Jacalyn Rogers, Blake Rogers. (Gross, Kevin) |
Filing 11 Waiver of Service Returned Executed by All Plaintiffs. Martin Horwitz waiver sent on 11/20/2020, answer due 1/19/2021 filed on behalf of All Plaintiffs (Gross, Kevin) |
Filing 10 Proposed Stipulation For 14-Day Extension To Respond To Defendants Motion For Judgment On The Pleadings filed by All Plaintiffs. Related document(s) #9 .(Gross, Kevin) |
Order [non-document] Before the Court is Plaintiffs Blake and Jacalyn Rogers' Proposed Stipulation for a fourteen day extension to their deadline to respond to Defendants' motion for judgment on the pleadings. (ECF No. #9 .) While Plaintiffs did not style their filing as a stipulated motion for an extension (although they did indicate the extension was stipulated), the Court construes the filing as a motion for extension. The Court GRANTS the request (ECF No. #10 ) and extends Plaintiffs' deadline to respond to the pending motion until January 12, 2021. This Order does not affect any other dates, including the previously-scheduled Case Management Conference. During that conference, the parties should be prepared to discuss the complaint and pending motion, as well as the posture of the other recently-served defendants. The Court directs the parties to the form Rule 26(f) Report of the Parties available on its website in preparation for the Case Management Conference. SO ORDERED. (Y,A) |
Filing 9 Motion for partial judgment on the pleadings filed by Diane Calta, City of Beachwood, Gary Haba, Martin Horwitz, James Pasch, Nathalie Supler. (Attachments: #1 Brief in Support)(McLandrich, John) |
Order (non-document) of case reassignment to Judge J. Philip Calabrese pursuant to General Order 2020-27. Chief Judge Patricia A. Gaughan on December 7, 2020. (S,SR) |
Filing 8 Case Management Conference Scheduling Order with case management conference to be held on 1/13/2021 at 10:00 AM to be held telephonically before Judge Dan Aaron Polster. Report of Parties' Planning Meeting due no later than 12:00 p.m. on 1/11/2021. Signed by Judge Dan Aaron Polster on 12/8/2020. (K,K) Notice regenerated on 12/9/2020 (K,K). |
Filing 7 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Diane Calta, City of Beachwood, Gary Haba, Martin Horwitz, James Pasch, Nathalie Supler. (McLandrich, John) |
Filing 6 Original Summons issued to counsel for service upon Martin Horwitz. (Y,A) |
Filing 5 Praecipe for issuance of Original Summons for Defendant Horwitz filed by Blake Rogers, Jacalyn Rogers. (Attachments: #1 Summons for Defendant Horwitz)(Gross, Kevin) |
Filing 4 Praecipe for issuance of Original Summons for Defendant Horwitz filed by Blake Rogers, Jacalyn Rogers. (Attachments: #1 Summons for Defendant Horwitz)(Gross, Kevin) |
Filing 3 Motion for extension of time until December 8, 2020 to answer , move or plead to complaint filed by Diane Calta, City of Beachwood, Gary Haba, Martin Horwitz, James Pasch, Nathalie Supler. Related document(s) #1 . (McLandrich, John) |
Filing 2 Magistrate Consent Form issued. (L,MI) |
Filing 1 Notice of Removal from Cuyahoga County, case number CV-20-938763 with jury demand, Filing fee paid $ 400, receipt number AOHNDC-10422271.. Filed by Nathalie Supler, City of Beachwood, Gary Haba, Martin Horwitz, James Pasch, Diane Calta. (Attachments: #1 Complaint, #2 Summons, #3 Civil Cover Sheet) (McLandrich, John) |
Judge Dan Aaron Polster assigned to case. (L,MI) |
Order [non-document] granting Defendants' #3 Motion for extension of time until December 8, 2020 to answer , move or plead to complaint. Diane Calta answer due 12/8/2020; City of Beachwood answer due 12/8/2020; Gary Haba answer due 12/8/2020; Martin Horwitz answer due 12/8/2020; James Pasch answer due 12/8/2020; Nathalie Supler answer due 12/8/2020. Approved by Judge Dan Aaron Polster on 11/16/2020.(K,K) |
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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