Ogletree v. Cleveland State University
| Aaron M. Ogletree |
| Cleveland State University, Thomas W. Adler, Leonard A. Komoroski, Vanessa L. Whiting, David H. Gunning, II, Harlan M. Sands, Patricia M. Depompei, Stephen F. Kirk, Lisa K. Kunkle, Kelly M King, Timothy J. Cosgrove and David M. Reynolds |
| 1:2021cv00500 |
| March 2, 2021 |
| US District Court for the Northern District of Ohio |
| J Philip Calabrese |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
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Filing 15
Joint Notice Regarding Status Conference filed by All Defendants. (Marti, Todd)
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IMPORTANT: Notice [non-document]: At the request of the parties, the Telephone Conference previously scheduled for April 14, 2021 at 4:00 PM is RESET for 4/28/2021 at 2:00 PM before Judge J. Philip Calabrese. (Y,A)
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Filing 14
Motion to continue opposition date to motion to dismiss filed by Plaintiff Aaron M. Ogletree. (Besser, Matthew)
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Order [non-document]: Plaintiff previously requested the Court appoint counsel in this matter. Therefore, upon Plaintiff's request, the Court hereby appoints Attorney Matthew Besser as counsel for Plaintiff. Link to #Pro Bono Protocol General Order 2007-02. Link to #Reimbursement Voucher and Instructions. Judge J. Philip Calabrese on 4/8/2021. (Y,A)
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Order [non-document]: Plaintiff's Motion to Continue Opposition Date on Motion to Dismiss (ECF No. #14 ) is granted for good cause shown. Therefore, Plaintiff shall have until and including May 10, 2021 to file a brief in opposition. If the parties agree after conferring with one another that rescheduling the status conference currently scheduled for April 14, 2021 makes sense, they are to propose three dates and times when they are available for a status conference and advise the Court. SO ORDERED. Judge J. Philip Calabrese on 4/8/2021. (Y,A)
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Filing 13
Motion for judgment on the pleadings and Motion to dismiss with memorandum in support filed by Thomas W. Adler, Timothy J. Cosgrove, Patricia M. Depompei, David H. Gunning, II, Kelly M King, Stephen F. Kirk, Leonard A. Komoroski, Lisa K. Kunkle, David M. Reynolds, Harlan M. Sands, Vanessa L. Whiting. (Attachments: #1 Exhibit 1 - Links to Materials on Surroundings Checks in Connection with Rmote Examinations)(Marti, Todd). Modified text on 4/1/2021 (S,SR).
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Filing 12
Answer to #9 Amended complaint, filed by Thomas W. Adler, Timothy J. Cosgrove, Patricia M. Depompei, David H. Gunning, II, Kelly M King, Stephen F. Kirk, Leonard A. Komoroski, Lisa K. Kunkle, David M. Reynolds, Harlan M. Sands, Vanessa L. Whiting. (Attachments: #1 Exhibit 1 - Email from Ogletree to King dated 2.17.21)(Marti, Todd)
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Filing 11
Motion to proceed in forma pauperis filed by Aaron M. Ogletree. (L,Br)
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Filing 10
Order: The Court has been made aware that Defendant Cleveland State University is in possession of a video of an examination conducted on February 17, 2021 that is potentially relevant to this case. Both Plaintiff and CSU have indicated they need the video to prepare their respective cases. Pursuant to 20 U.S.C. 1232g(b)(2)(B) and 34 C.F.R. 99.31(a)(9) the Court ORDERS the reasons set forth in this order. Entered by Judge J. Philip Calabrese on 3/22/2021. (L,Ja)
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Filing 9
Amended complaint against Cleveland State University and adding new party defendant(s) Kelly M. King, Harlan M. Sands, David H. Gunning II, Timothy J. Cosgrove, Stephen F. Kirk, Thomas W. Adler, Patricia M. Depompei, Leonard A. Komoroski, Lisa K. Kunkle. David M. Reynolds, Vanessa L. Whiting. Filed by Aaron M. Ogletree. (L,Br)
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Copy of #10 Order was mailed to Aaron M. Ogletree at 4822 Russell Avenue Parma, OH 44134 on 3/22/2021. Related document(s) #10 . (L,Ja)
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Order [non-document] Plaintiff's Motion to Proceed in Forma Pauperis (ECF No. #11 ) is granted for good cause shown. SO ORDERED. Entered by Judge J. Philip Calabrese on 3/22/2021.(L,Ja)
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Copy of 3/22/2021 Order [non-document] Plaintiff's Motion to Proceed was mailed to Aaron M. Ogletree at 4822 Russell Avenue Parma, OH 44134 on 3/22/2021. (L,Ja)
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Filing 8
Proposed Order Regarding Education Records filed by Cleveland State University. (Marti, Todd)
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Filing 7
Protective Order. Judge J. Philip Calabrese on 3/19/2021. (Attachments: #1 Acknowledgement and Agreement to be Bound) (Y,A)
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Minute Order [non-document]: The Court held a Telephone Status Conference on March 19, 2021. Plaintiff Aaron Ogletree appeared Pro Se. Todd Marti and Ashley Barbone appeared for Defendant. The Court addressed various threshold issues and matters with the parties to move the case through service and initial pleadings to reach the merits of Plaintiff's motion for preliminary injunction. At Plaintiff's request, the Court will seek to appoint counsel for Plaintiff on a pro bono basis. The Court notified Plaintiff that his Motion to Proceed In Forma Pauperis is unsigned. Defendant agreed to waive service notwithstanding Local Rule 4.1(b). Defendant assured that it would provide an accommodation to Plaintiff for his exam on March 29, 2021, thereby mooting his concerns regarding the time-sensitive nature of his emergency motion. Defendant also agreed to draft an order regarding FERPA and other issues relating to the video Plaintiff has requested. Plaintiff shall file an amended complaint no later than March 22, 2021. Defendant shall have until and including March 31, 2021 to file a motion under Rule 12 raising threshold issues of immunity. Plaintiff shall have until and including April 9, 2021 to file his response to Defendant's motion. The parties agree to follow the form protective order found in Appendix L to the Local Rules, which the Court will enter by separate order. The Court scheduled a Telephone Status Conference on April 14, 2021 at 4:00 PM. The Court will provide dial-in instructions to the parties in advance of the telephone conference. SO ORDERED. Judge J. Philip Calabrese on 3/19/2021. (Y,A)
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Filing 6
Emergency Opposition to #5 Motion for conference/hearing Preliminary Pretrial Conference and Enlargement of Time filed by Aaron M. Ogletree. (Attachments: #1 Affidavit of Facts)(L,Br)
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Copy of Order on Motion for conference mailed to Aaron M. Ogletree at 4822 Russell Avenue, Parma, OH 44134 on 3/17/2021. (Y,A)
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Filing 5
Motion for Preliminary Pretrial Conference and Enlargement of Time with Memorandum in Support filed by Defendant Cleveland State University. (Marti, Todd)
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Filing 4
Attorney Appearance by Todd R. Marti and Ashley A. Barbone filed by on behalf of Cleveland State University. (Marti, Todd)
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Order [non-document]: granting Defendant's Motion for conference (ECF No. #5 .) Telephone Conference set for 3/19/2021 at 9:00 AM before Judge J. Philip Calabrese. SO ORDERED. Judge J. Philip Calabrese on 3/17/2021.(Y,A)
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Filing 3
Emergency Motion for Preliminary Injunction with Memorandum in Support filed by Plaintiff Aaron M. Ogletree. (M,MT)
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Filing 2
Motion to proceed in forma pauperis filed by Plaintiff Aaron M. Ogletree. (M,MT)
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Filing 1
Complaint against Cleveland State University. Filing not paid, IFP. Filed by Aaron M. Ogletree. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 USM-285) (M,MT)
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Judge J. Philip Calabrese assigned to case. (M,MT)
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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 David A. Ruiz. (M,MT)
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