Grantonz, et al v. Earley, et al
| Ebony Grantonz and Sylvester White |
| Michelle D. Earley, Russell R. Brown III, Tanya Jones, Marinelli Rivera, John Doe and John Does |
| 1:2021cv02137 |
| November 10, 2021 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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Filing 16
Order. The Court adopts the parties' joint proposed schedule. Defendants' Answer shall be filed by January 10, 2022. Initial disclosures shall be due December 29, 2021 and discovery requests shall be propounded no later than December 30, 2021 with fourteen days to respond. Depositions shall be concluded January 21, 2022 and the parties shall have five days thereafter to review and sign off on the deposition transcripts. The Preliminary Injunction hearing will be held on February 10, 2022 at 2:00 pm EST. Hearing will take place at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114. The parties shall submit cross briefs no later than January 27, 2022 for the Preliminary Injunction hearing. The parties shall also file with the Court a list of witnesses they intend to call at the Preliminary Injunction hearing, the subject matter on which they will testify and the estimated length of time for the presentation of their respective cases. The Temporary Restraining Order shall remain in effect until the Preliminary Injunction hearing. Judge Christopher A. Boyko on 12/20/21. (S,HR)
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Filing 15
Parties' Joint Proposal filed by Russell R. Brown III, Michelle D. Earley, Tanya Jones, Marinelli Rivera. (Fischbach, Tiffany)
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Filing 14
Opinion and Order granting Plaintiffs' Motion for Temporary Restraining Order (Related Doc #2 ). Defendants are enjoined from enforcing the COVID-19 vaccine requirement in AO 2021-05 against Plaintiffs Grantonz and White. Defendants may not terminate Plaintiffs' employment for the reason that Plaintiffs have not received a COVID-19 vaccine. The Temporary Restraining Order is effective as of the date of the entry of this Order and will expire in accordance with Fed.R.Civ.P. 65. The Court dispenses with the requirement of posting appropriate bond or security. On or before December 17, 2021, the parties shall submit a joint proposal for the schedule of this case going forward. The parties shall inform the Court whether expedited discovery is necessary and shall propose agreed available dates for a preliminary injunction hearing. Judge Christopher A. Boyko on 12/10/21.(S,HR)
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Filing 13
Waiver of Service Returned Executed by All Plaintiffs. Russell R. Brown III waiver sent on 11/10/2021, answer due 1/10/2022 filed on behalf of All Plaintiffs (Abens, Matthew)
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Filing 12
Waiver of Service Returned Executed by Sylvester White, Ebony Grantonz. Michelle D. Earley waiver sent on 11/10/2021, answer due 1/10/2022; Tanya Jones waiver sent on 11/10/2021, answer due 1/10/2022; Marinelli Rivera waiver sent on 11/10/2021, answer due 1/10/2022 filed on behalf of Sylvester White; Ebony Grantonz (Abens, Matthew)
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Filing 11
Reply to response to #2 Emergency Motion for temporary restraining order filed by All Plaintiffs. (Attachments: #1 Supplement Copy of BST Holdings v. OSHA 5th Circuit opinion, #2 Affidavit Affidavit of Marilyn Cassidy, #3 Supplement Copy of Ohio Attorney General Opinion 2003-020, #4 Exhibit 1 - Email regarding Cuyahoga County Clerk of Courts vaccination policy, #5 Exhibit 2- Email regarding Cuyahoga County Sheriff Department's vaccination policy, #6 Exhibit 3 - Cuyahoga County Common Pleas Court vaccination order)(Abens, Matthew)
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Filing 10
Supplement to the Memorandum in #9 Opposition to #2 Motion for Temporary Restraining Order, filed by Russell R. Brown III, Michelle D. Earley, Tanya Jones, Marinelli Rivera. Related document(s) #9 . (Attachments: #1 Exhibit Unsworn Declaration of Russell Brown)(Webber, Mark)
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Filing 9
Opposition to #2 Emergency Motion for temporary restraining order filed by Russell R. Brown III, Michelle D. Earley, Tanya Jones, Marinelli Rivera. (Attachments: #1 Exhibit Unsworn Declaration of Russell Brown, #2 Exhibit St. John AME Communication, #3 Exhibit Unsworn Declaration of Michael Negray, #4 Exhibit LA County Department of Health COVID-19 Vaccine and Fetal Cell Lines, #5 Exhibit Unsworn Declaration of Michelle Earley)(Webber, Mark)
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Filing 8
Order: For the reasons set forth in this order, The Court adopts the parties' agreed briefing schedule: Defendants' Brief in Opposition to Plaintiffs' Motion for Temporary Restraining Order (ECF DKT #2 ) shall be filed by November 19, 2021. Plaintiffs' Reply Brief shall be filed by November 24, 2021. Judge Christopher A. Boyko on 11/12/2021. (L,Ja)
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Minutes of proceedings[non-document] before Judge Christopher A. Boyko. Telephone Conference held on 11/12/2021. Order to follow. Time: 10 minutes. (L,Ja)
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Filing 7
Attorney Appearance by Tiffany C. Fischbach filed by on behalf of Russell R. Brown III, Michelle D. Earley, Tanya Jones, Marinelli Rivera. (Fischbach, Tiffany)
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Filing 6
Attorney Appearance by Mark V. Webber filed by on behalf of Russell R. Brown III, Michelle D. Earley, Tanya Jones, Marinelli Rivera. (Webber, Mark)
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Filing 5
Plaintiffs' Notice of Compliance with the Court's Order of November 10, 2021 (Doc. #4) filed by All Plaintiffs. Related document(s) #4 .(Abens, Matthew)
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Filing 4
Order re #2 Emergency Motion for temporary restraining order. Upon review of Plaintiffs' Verified Complaint and Emergency Motion for Temporary Restraining Order, the Court sets an Attorney Telephone Conference for Friday, November 12, 2021 at 2:30 p.m. The Court will provide conference call information that morning. Furthermore, Plaintiffs' counsel shall contact the City of Cleveland Law Department in order to identify Defendants' representation and shall provide opposing counsel with notice of this Order. Prior to the conference, if the parties stipulate to an expedited briefing schedule, to an extension of the employment termination date commensurate with the briefing dates, and file that stipulation with the Court, there will be no need to go forward with the scheduled conference. Based on the City's denial letters, the Court finds that there is no immediate harm warranting granting ex parte relief. Judge Christopher A. Boyko on 11/10/21. (S,HR)
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Filing 3
Magistrate Consent Form issued. Summons not provided and were not issued. (L,MI)
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Filing 2
Emergency Motion for temporary restraining order filed by Ebony Grantonz, Sylvester White. (Attachments: #1 Brief in Support of Plaintiff's Motion for Temporary Restraining Order, #2 Exhibit A - Administrative Order 2021-05, #3 Exhibit B - Blank exemption request form, #4 Exhibit C - Grantonz exemption request, #5 Exhibit D - White exemption request, #6 Exhibit E - Defendant Brown 10.28.21 letter to Grantonz, #7 Exhibit F - Defendant Brown 10.28.21 letter to White, #8 Exhibit G - Verified Complaint)(Abens, Matthew)
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Filing 1
Verified Complaint for temporary restraining order, preliminary & permanent injunctive relief, and declaratory relief against all Defendants. Filing fee paid $402.00, Receipt number AOHNDC-11126830. Filed by Ebony Grantonz. (Attachments: #1 Verification of Plaintiff Ebony Grantonz, #2 Verification of Plaintiff Sylvester White, #3 Exhibit 1 - Administrative Order 2021-05, #4 Exhibit 2 - Defendant Brown 10.28.21 letter to Grantonz, #5 Exhibit 3 - Defendant Brown 10.28.21 letter to White, #6 Exhibit 4 - City of Cleveland Vaccine Confirmation Status form, #7 Exhibit 5 - Blank Employee Exemption Request Form, #8 Exhibit 6 - Grantzonz exemption request, #9 Exhibit 7 - White exemption request, #10 Civil Cover Sheet). (Abens, Matthew)
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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 William H. Baughman, Jr. (L,MI)
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Judge Christopher A. Boyko assigned to case. (L,MI)
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