Riveredge Dentistry Partnership v. City of Cleveland, et al
| Riveredge Dentistry Partnership |
| City of Cleveland, Cook Paving & Construction Company and Northeast Ohio Regional Sewer District |
| 1:2022cv01007 |
| June 10, 2022 |
| US District Court for the Northern District of Ohio |
| Thomas M Parker |
| David A Ruiz |
| Torts to Land |
| Both |
Docket Report
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| Filing 13 Stipulation of Parties: Defendants City of Cleveland and Northeast Ohio Regional Sewer District stipulate that the Plaintiffs' time to respond to any Rule 12 motion filed by Defendants shall be extended to November 14, 2022. filed by plaintiffs. (Dolan, Michael) Modified on 8/5/2022 (S,HR). |
| Filing 12 Case Management Conference Plan/Order. Case is assigned to the standard track. The deadline for completing non-expert discovery is January 27, 2023. The deadline for completing expert discovery is April 28, 2023, with expert reports for the party with the burden due on January 27, 2023 and responsive expert reports due on March 27, 2023. The deadline for amending the pleadings and adding parties is August 22, 2022. The deadline for filing dispositive motions is April 28, 2023. See Order for additional deadlines and requirements. Magistrate Judge Thomas M. Parker on 7/20/2022. (D,JJ) |
| Minutes of Proceedings/Order [non-document] of Telephone Case Management Conference held July 20, 2022 before Magistrate Judge Thomas M. Parker. Attorney Michael A. Dolan and client representative William Waters, DDS, participated on behalf of plaintiff Riveredge Dentistry Partnership ("Riveredge"). Attorneys Craig J. Morice and Paul W. Smith participated on behalf of defendant City of Cleveland. Attorneys Michael J. Matasich and Tamar Gontovnik participated on behalf of defendant Northeast Ohio Regional Sewer District ("the District"). The court discussed with the parties the procedural history of the case, the pleadings, and the course discovery prior to the case being removed to federal court. In the course of those discussions, the District indicated that it intended to file a motion to dismiss. To clarify the issues in the case, including necessary plaintiffs, Riveredge proposed filing a fourth amended complaint, to which neither defendant objected. The court then reviewed the parties' July 14, 2022 report of planning meeting and established a case management schedule, which is reflected in the court's case management order filed separately. Before the close of the conference, plaintiff's counsel indicated that he would be out of the country during the period of time within which to respond to a motion to dismiss. The court advised that the parties could stipulate to an extension of the time within which to file a response to a motion to dismiss before plaintiff's counsel would become unavailable. In light of the anticipated fourth amended complaint, the court VACATES the period of time within which the District must file an answer to the third amended complaint. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 7/20/2022. (Court Reporter: N/A. Time: 60 minutes). (D,JJ) |
| Filing 11 Corporate Disclosure Statement filed by All Plaintiffs. (Dolan, Michael) |
| Filing 10 Position Statement re: Case Management Conference Agenda filed by Northeast Ohio Regional Sewer District. Related document(s) #8 . (Matasich, Michael) |
Order [non-document]: Attorney Patrick Corrigan's motion to withdraw as counsel for defendant City of Cleveland (ECF Doc. #9 ) is GRANTED. Magistrate Judge Thomas M. Parker on 7/11/2022. (D,JJ)
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| Filing 9 Motion for leave to Withdraw as Counsel filed by Defendant City of Cleveland. (Corrigan, Patrick) |
| Filing 8 Case Management Conference Scheduling Order with case management conference to be held telephonically on 7/20/2022 at 11:30 AM before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to counsel of record. Magistrate Judge Thomas M. Parker on 7/5/2022. (Attachments: #1 Attachment A - Position Statement, #2 Attachment B - Preliminary Estimate/Budget). (D,JJ) |
| Filing 7 Notice of Substitution of Counsel removing attorney Eric Luckage and Amanda L. Holzhauer and adding attorney Tamar P. Gontovnik filed by on behalf of Northeast Ohio Regional Sewer District. (Gontovnik, Tamar) |
| Filing 6 Stipulated Motion for extension of time until July 26, 2022 to answer Plaintiff's Third Amended Complaint filed by Defendant Northeast Ohio Regional Sewer District. Related document(s) #1 . (Matasich, Michael) |
| Filing 5 Attorney Appearance as Additional Counsel by Michael J. Matasich filed by on behalf of Northeast Ohio Regional Sewer District. (Matasich, Michael) |
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Order [non-document]: Defendant Northeast Ohio Regional Sewer District's motion to extend the time to file a responsive pleading to the third amended complaint until July 26, 2022 (ECF Doc. #6 ) is GRANTED. Magistrate Judge Thomas M. Parker on 7/1/2022. (D,JJ)
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| Filing 4 Consent of the parties to this case being transferred to the docket of Magistrate Judge Thomas M. Parker for further proceedings. Judge David A. Ruiz on 6/28/2022. (G,CA) |
| Magistrate Judge Thomas M. Parker assigned to case pursuant to consent. Judge David A. Ruiz terminated. Related document(s) #4 . (H,Ch) |
| Notice to Attorney Eric Luckage. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 3 Consent to Exercise of Jurisdiction by a United States Magistrate Judge filed by Riveredge Dentisty Partnership (Dolan, Michael) |
| Filing 2 Magistrate Consent Form issued. (H,Ch) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV 20 932884 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11465188. Filed by City of Cleveland. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Complaint and Orders, #3 Exhibit B Amended Complaint and Orders, #4 Exhibit C 2nd Amended Complaint and Orders, #5 Exhibit D 3rd Amended Complaint and Orders, #6 Exhibit E Court Docket). (Smith, Paul) |
| Judge David A. Ruiz assigned to case (H,Ch) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (H,Ch) |
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