Kalmar et al. v. Cleveland Institute of Music et al.
| Carlos Kalmar and Raffaella Kalmar |
| Cleveland Institute of Music, Vivian Scott, Scott Harrison, Dean Southern and Paul Hogle |
| 1:2024cv00193 |
| January 31, 2024 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 SEALED Document: Unredacted pages 12 and 13 of Defendant's Motion to Dismiss filed by Vivian Scott. (Related document(s) #23 ) (Nitschke, Kathleen). Modified text on 3/25/2024 (K,K). Modified on 3/28/2024, filer notified of lack of cover page with case number, case caption and signature block (H,SP). |
Filing 23
Marginal Entry Order granting Defendant Vivian Scott's Motion to seal Redacted Portions of Motion to Dismiss (Related Doc #21 ). Signed by Judge Dan Aaron Polster on 3/21/2024.(K,K)
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| Filing 22 Motion to dismiss for failure to state a claim with brief in support Redacted Version filed by Defendant Vivian Scott. (Nitschke, Kathleen) |
| Filing 21 Motion to filed under seal Redacted Portions of Motion to Dismiss filed by Defendant Vivian Scott. (Nitschke, Kathleen) |
| Minutes of proceedings [non-document] The Court conducted a status conference by Zoom on March 13, 2024. Plaintiffs Carlos and Raffaella Kalmar participated and were represented by counsel, Jim Wooley, Nick DiCello and Dennis Landsdowne. Defendants Paul Hogle and Scott Harrison participated and were represented by counsel for Defendant CIM, Rebecca Bennett, Monica Lacks and Jantzen Mace. Defendant Vivian Scott participated and was represented by counsel, Kerin Kaminski and Kathleen Nitschke. Patricia Ley, a representative for Defendants' insurance carrier also participated in the status conference. The Court discussed the facts of the case and encouraged mediation. On or before 12:00 p.m. on March 20, 2024, counsel should notify the Court if the parties want to mediate the case and who they would like to use as their mediator. Counsel should send this notification via e-mail to carrie_roush@ohnd.uscourts.gov. (Court Reporter: n/a.) Time: 35 minutes. (K,K) |
| Filing 20 SEALED Document:Exhibit 1 to Motion To Dismiss The Amended Complaint and Incorporated Memorandum in Support filed by Cleveland Institute of Music, Scott Harrison, Paul Hogle, Dean Southern. Related document(s) #17 , #19 . (Lacks, Monica) |
| Filing 19 Motion to dismiss the amended complaint for failure to state a claim and Memorandum In Support filed by Cleveland Institute of Music, Scott Harrison, Paul Hogle, Dean Southern. (Attachments: #1 Exhibit 1 Investigative Report 2023-8-3 (redacted), #2 Exhibit 2 Scott Harrison Update Email 2023-5-5, #3 Exhibit 3 Dean Southern Update Email 2023-8-7) (Lacks, Monica) Modified text on 3/14/2024 (E,CK). |
| Filing 18 Motion to excuse Dean Southern From Status Conference filed by Defendant Dean Southern. (Lacks, Monica) |
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Order [non-document] granting Motion to excuse Dean Southern From Status Conference (Related Doc #18 ). Approved by Judge Dan Aaron Polster on 3/8/2024.(K,K)
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Filing 17
Order granting Defendants' Motion for Order to File an Exhibit to Partial Motion to Dismiss under Seal (Related Doc #14 ). Signed by Judge Dan Aaron Polster on 3/7/2024.(K,K)
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Filing 16
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Bridget Meehan Brennan on 3/7/2024. (H,AR)
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| IMPORTANT: Notice [non-document]: A telephonic Status Conference is set for March 7, 2024, at 1:00 p.m. (H,AR) |
| Judge Dan Aaron Polster assigned to case. Judge Bridget Meehan Brennan terminated. Related document #16 . (R,AP) |
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Order [non-document] granting Defendants' Motion for Order to Exceed Page Limitation on Memorandum in Support of Partial Motion to Dismiss (Related Doc #15 ). Approved by Judge Dan Aaron Polster on 3/7/2024.(K,K)
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| IMPORTANT: Notice [non-document] Zoom Status Conference set for 3/13/2024 at 11:45 AM before Judge Dan Aaron Polster. Counsel, clients, and insurance representatives are required to attend. Zoom information to be provided separately. (K,K) |
| Filing 15 Motion for Order to Exceed Page Limitation on Memorandum in Support of Partial Motion to Dismiss filed by Cleveland Institute of Music, Scott Harrison, Paul Hogle, Dean Southern. (Attachments: #1 Proposed Order)(Lacks, Monica) |
| Filing 14 Motion for Order to File an Exhibit to Partial Motion to Dismiss under Seal filed by Cleveland Institute of Music, Scott Harrison, Paul Hogle, Dean Southern. (Attachments: #1 Proposed Order)(Lacks, Monica) |
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Order [non-document] granting Defendant Vivian Scott's stipulated motion for an extension of time until March 21, 2024, to answer, move, or otherwise respond to Plaintiff's Amended Complaint. (Doc. No. #13 .) Judge Bridget Meehan Brennan on 2/28/2024. (H,AR)
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| Filing 13 Stipulated Motion for extension of time until 03/21/2024 to Respond to Amended Complaint filed by Defendant Vivian Scott. (Nitschke, Kathleen) |
| Filing 12 Notice of Appearance of Kerin Kaminski and Kathleen Nitschke for Defendant, filed by Vivian Scott. (Nitschke, Kathleen) Modified text on 2/28/2024 (L,MI). |
| Filing 11 Marginal Entry Order granting Defendants The Cleveland Institute of Music, Scott Harrison, Dean Southern, and Paul Hogle's stipulated motion for an extension of time until March 15, 2024, to answer, move, or otherwise respond to Plaintiffs' Amended Complaint. (Doc. No. #9 .) Judge Bridget Meehan Brennan on 2/21/2024. (H,AR) |
| Filing 10 Corporate Disclosure Statement filed by Cleveland Institute of Music, Scott Harrison, Paul Hogle, Dean Southern. (Lacks, Monica) |
| Filing 9 Stipulated Motion for extension of time until 3/15/2024 to answer Amended Complaint filed by Cleveland Institute of Music, Scott Harrison, Paul Hogle, Dean Southern. Related document(s) #4 . (Lacks, Monica) |
| Filing 8 Attorney Appearance by Monica Levine Lacks filed by on behalf of Cleveland Institute of Music, Scott Harrison, Paul Hogle, Dean Southern. (Lacks, Monica) |
| Filing 7 Attorney Appearance by Rebecca J. Bennett filed by on behalf of Cleveland Institute of Music, Scott Harrison, Paul Hogle, Dean Southern. (Bennett, Rebecca) |
| Filing 6 Attorney Appearance by Jantzen D. Mace filed by on behalf of Cleveland Institute of Music, Scott Harrison, Paul Hogle, Dean Southern. (Mace, Jantzen) |
| Filing 5 Return of Service by certified mail executed upon All Defendants, filed on behalf of All Plaintiffs Related document(s) #4 . (DiCello, Nicholas) |
| Filing 4 First Amended complaint against All Defendants. Filed by Carlos Kalmar, Raffaella Kalmar. (Attachments: #1 Exhibit 1 - Employment Contract) (DiCello, Nicholas) |
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Filing 3
Initial Standing Order signed by Judge Bridget Meehan Brennan on 2/1/2024. (H,AR)
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| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Cleveland Institute of Music, Scott Harrison, Paul Hogle, Vivian Scott, Dean Southern. (Attachments: #1 Magistrate Consent Form) (F,AW) |
| Judge Bridget Meehan Brennan assigned to case. (F,AW) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes Jr. (F,AW) |
| Filing 1 Complaint with jury demand against Scott Harrison, Paul Hogle, Vivian Scott, Dean Southern, The Cleveland Institute of Music. Filing fee paid $ 405, Receipt number AOHNDC-12384532.. Filed by Carlos Kalmar, Raffaella Kalmar. (Attachments: #1 Exhibit 1 - Employment Contract, #2 Civil Cover Sheet, #3 Summons to Defendant The Cleveland Institute of Music, #4 Summons to Defendant Vivian Scott, #5 Summons to Defendant Scott Harrison, #6 Summons to Defendant Dean Southern, #7 Summons to Defendant Paul Hogle) (DiCello, Nicholas) |
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