Simms v. Thompson et al
Plaintiff: Debbie Simms
Defendant: Brent Thompson and Consolidated Freightways, Inc.
Case Number: 3:2000cv07697
Filed: November 7, 2000
Court: US District Court for the Northern District of Ohio
Presiding Judge: David A Katz
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 25, 2003. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2003 Opinion or Order Filing 94 ORDER case dismissed without prejudice. Signed by Judge David A. Katz on 7/25/03. (G, C)
June 10, 2003 Opinion or Order Filing 93 ORDER phone status held 6/9/03. Plaintiff unavailable. Plaintiff granted 30 days to obtain counsel or advise Court in writing of intent to proceed pro se. Failure to respond will result in dismissal without prejudice. Judge David A. Katz (G, C)
October 24, 2002 Opinion or Order Filing 92 ORDER phone status held. Phone status set for 6/9/03 at 10:30 AM. Judge David A. Katz(G, C)
October 7, 2002 Opinion or Order Filing 91 ORDER case stayed against Defendant Consolidated Freightways, Phone status set for 10/23/02 at 11:00 am with pro se Plaintiff & counsel for Defendant Thompson. Judge David A. Katz(G, C)
September 25, 2002 Filing 90 Notice of Service of notification of filing under bankruptcy code and suggestion of stay filed by Consolidated Freightways, Inc.. (Related document(s) #89 ) (Asensio, Manuel) Modified text on 9/26/2002 (N, D).
September 25, 2002 Filing 89 Notification of filing under bankruptcy code and suggestion of stay filed by Consolidated Freightways, Inc.. (Attachments: #1 Exhibit A)(Asensio, Manuel) Modified text on 9/26/2002 (N, D).
September 6, 2002 Opinion or Order Filing 88 ORDER Plaintiff granted to 9/30/02 to respond to motion for summary judgment; reply due 10 days thereafter. Judge David A.Katz (G, C)
August 29, 2002 Filing 87 MARGINAL ORDER granting Plaintiff to 9/4/02 to obtain counsel. Judge David A. Katz (G, C)
August 23, 2002 Filing 86 Letter to Court re: retaining attorney filed by pro se Debbie Simms. (B, C)
June 5, 2002 Filing 85 MARGINAL ENTRY ORDER granting pltf ext of time of 60 days to obtain counsel (legal defense funds). No further extensions will be granted. Judge David A. Katz. (Related Doc #84 ) (B, C)
May 28, 2002 Filing 84 Motion for extension of time for an additional (60) days for response from Legal Defense Funds, Advocates, and National Organization for Review, filed by pro se Debbie Simms. (B, T)
May 3, 2002 Filing 83 MARGINAL ENTRY ORDER granting pltf's motion for extension of time of 30 days to file oppos to defts supple memo and to obtain counsel. Judge David A. Katz (Related Doc #82 ) (B, C)
May 1, 2002 Filing 82 Motion for extension of time of an additional 30 days to obtain new counsel and file an opposition to defendants' supplemental memorandum filed by Debbie Simms. (N, D)
April 9, 2002 Filing 81 Marginal Order granting Motion for extension of time to obtain counsel to 5/2/02. (Judge David A. Katz) (Related Doc #80 ) (R, Ci)
April 4, 2002 Filing 80 Motion for extension of time to obtain new counsel filed by Debbie Simms. (N, D)
April 2, 2002 Opinion or Order Filing 79 ORDER granting motion to withdraw as attorney, attorney Judith A. Myers removed from case. (Related Doc #78 ) Plaintiff granted to 5/2/02 to obtain new counsel. Plaintiff's counsel to serve order on Plaintiff and file proof of service. Judge David A. Katz (G, C)
March 29, 2002 Filing 78 Motion to withdraw as attorney /Judith A. Myers filed by Debbie Simms. (Attachments: #1 Proposed Order)(N, D)
March 11, 2002 Opinion or Order Filing 77 Order granting motion for extension of time to 4/5/02 to file memorandum in opposition to defendant's supplemental memorandum. (Judge David A. Katz) (Related Doc #76 ) (R, Ci)
March 11, 2002 Filing 76 Motion for extension of time to 4/5/02 to file memorandum in opposition to defendant's supplemental memorandum filed by Debbie Simms. (R, Ci) Modified on 3/13/2002 (N, D). FIRST PAGE OF DOCUMENT FILED IN ERROR
February 15, 2002 Filing 75 Supplemental memorandum in support of motion for summary judgment filed by Consolidated Freightways, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Gordon, Jeffrey) Modified on 2/19/2002 (N, D).
January 30, 2002 Filing 74 JUDGMENT ENTRY. Defendant Thompson's motion for summary judgment granted in part & denied in part (Doc. #44); Defendant Consolidated Freightways' motion for summary judgment granted in part & denied in part (Doc. #51); Plaintiff's motion for summary judgment on Thompson's counterclaim granted (Doc. # 56); Defendant Consolidated Freightways granted to 2/15/02 to file motion for summary judgment on preempted claims, 3 weeks for response, 1 week for reply. Final pretrial 2/11/02 and trial date of 3/5/02 vacated. (Katz, David)
January 30, 2002 Filing 73 MEMORANDUM OPINION. Granting in part, Denying in part Defendant Thompson's motion for summary judgment (Related Doc #44 ), Granting in part, Denying in part Defendant Consolidated Freightways' motion for summary judgment (Related Doc #51 ), Granting Plaintiff's motion for summary judgment on Thompson's counterclaim. (Related Doc #56 ) (Katz, David)
January 23, 2002 Filing 72 Reply (Related Motion(s) #51 ) Memorandum of Defendant Consolidated Freightways, Inc. in Support of its Motion for Summary Judgment filed by Consolidated Freightways, Inc.. (Attachments: #1 Affidavit of Jeffrey R. Gordon)(Asensio, Manuel)
January 18, 2002 Opinion or Order Filing 71 Order granting Motion for extension of time to 1/23/02 to file reply memoranda. NO FURTHER EXTENSIONS (Judge David A. Katz) (Related Doc #70 ) (R, Ci)
January 17, 2002 Filing 70 Joint Motion for extension of time filed by Consolidated Freightways, Inc.. (Attachments: #1 Brief in Support of Joint Motion for Extension of Time#2 Proposed Order)(Gordon, Jeffrey)
January 4, 2002 Filing 69 Deposition of Patricia R. Laster-Rodriguez taken 8/3/01 (Complete document on file in clerk's office) (79 pgs) filed by Debbie Simms. (N, D)
January 4, 2002 Filing 68 Notice of filing deposition of Patricia R. Laster-Rodriguez filed by Debbie Simms. (N, D)
January 4, 2002 Filing 67 Opposition (Related Motion(s) #56 , #51 , #44 ) to defendants' motion for summary judgment filed by Debbie Simms. (N, D)
January 4, 2002 Opinion or Order Filing 66 ORDER granting pltf's motion for extension of time to file oppos to deft's motion for s.j. by 1/4/02. Reply due 1/17/02. Judge David A. Katz (Related Doc #64 ) (B, C)
January 4, 2002 Opinion or Order Filing 65 ORDER granting pltf's motion for extension of time to 1/2/02 to file oppos to deft's motion for s.j. Reply due 1/11/02. Judge David A. Katz (Related Doc #63 ) (B, C)
January 2, 2002 Filing 64 Agreed motion for extension of time until 1/4/02 to file memorandum in opposition to motions for summary judgment filed by Debbie Simms. (Attachments: #1 Proposed Order)(N, D) Modified on 1/3/2002 (N, D).
December 28, 2001 Filing 63 Motion for extension of time until 1/2/02 to file memorandum contra to motion for summary judgment; reply memoranda filed by Debbie Simms. (Attachments: #1 Proposed Order)(N, D)
December 5, 2001 Filing 62 Deposition of Larry Baker taken on 8/3/01 (Complete document on file in clerk's office) (46 pgs) filed by Debbie Simms. (N, D)
December 5, 2001 Filing 61 Deposition of Terry Taulee taken 10/5/01 (Complete document on file in clerk's office) (74 pgs) filed by Debbie Simms. (N, D)
December 5, 2001 Filing 60 Notice of filing depositions of Terry Taulbee and Larry Baker filed by Debbie Simms. (N, D)
December 3, 2001 Opinion or Order Filing 59 ORDER granting joint motion for extension of time for pltf to file response to s.j. motions by 12/28/01; replies due 1/8/02. Judge David A. Katz (Related Doc #57 ) (B, C)
November 30, 2001 Filing 58 Memorandum In Support (Related Motion(s) #57 ) of Joint Motion for Extension of Time filed by Consolidated Freightways, Inc.. (Attachments: #1 Proposed Order Entry)(Gordon, Jeffrey)
November 30, 2001 Filing 57 Joint Motion for extension of time filed by Consolidated Freightways, Inc.. (Gordon, Jeffrey)
November 28, 2001 Filing 56 Motion for summary judgment as to defendant Brent Thompson's counterclaim and memorandum in support filed by Debbie Simms. (Related document(s) #13 ) (N, D)
November 26, 2001 Opinion or Order Filing 55 ORDER granting pltf's motion for extension of time to file s.j. motion by 11/28/01; deft's response due 12/23/01. Judge David A. Katz (Related Doc #52 ) (B, C)
November 21, 2001 Filing 54 Deposition of Andrew P. Taulbee, Jr. taken 8/2/01 (Complete document on file in Clerk's Office) (74 pgs) filed by Debbie Simms. (N, D)
November 21, 2001 Filing 53 Memorandum In Support (Related Motion(s) #52 ) of motion for extension of time filed by all parties. (N, D)
November 21, 2001 Filing 52 Agreed motion for extension of time until 11/28/01 for plaintiff to file motion for summary judgment on defendant's counterclaim filed by all parties. (N, D) Modified on 11/26/2001 Additional attachment(s)/Proposed Order added on 11/26/2001
November 21, 2001 Filing 51 Motion for summary judgment filed by Consolidated Freightways, Inc.. (Attachments: #1 Brief in Support of Motion for Summary Judgment#2 Affidavit of Jeffrey R. Gordon#3 Exhibit A#4 Exhibit B#5 Exhibit C#6 Exhibit D#7 Exhibit E#8 Exhibit F#9 Exhibit G#10 Exhibit H#11 Exhibit I)(Gordon, Jeffrey)
November 21, 2001 Filing 50 Deposition of Robert Spratt taken on 8/2/01 (Complete document on file in clerk's office) (113 w/10 exhs) filed by Debbie Simms. (N, D)
November 21, 2001 Filing 49 Deposition of Deborah Simms taken 7/31/01 (Complete document on file in clerk's office)(384 w/201 exhs) filed by Debbie Simms. (N, D)
November 21, 2001 Filing 48 Deposition of Brent Thompson taken 8/1/01 (Complete document on file in clerk's office) (124 w/15 exhs) filed by Debbie Simms. (N, D)
November 21, 2001 Opinion or Order Filing 47 ORDER granting joint motion for extension of time for deft to file motion for s.j. by 11/21/01; oppos due 12/16/01; reply due 12/26/01. Judge David A. Katz. (Related Doc #43 ) (B, C)
November 21, 2001 Filing 46 Notice of Filing Deposition Transcripts of Robert E. Spratt, Andrew P. Taulbee, Jr., Brent Thompson, and Deborah Simms filed by Consolidated Freightways, Inc.. (Attachments: #1 Cover Page of Each Deposition Transcript)(Gordon, Jeffrey)
November 20, 2001 Filing 45 Notice of Manual Filing filed by Consolidated Freightways, Inc.. (Gordon, Jeffrey)
November 16, 2001 Filing 44 Motion for summary judgment and memorandum in support filed by Brent Thompson. (N, D)
November 16, 2001 Filing 43 Motion for order for Extension of Time filed by Consolidated Freightways, Inc.. (Attachments: #1 Brief in Support of Motion for Extension of Time#2 Proposed Order for Extension of Time)(Gordon, Jeffrey)
November 16, 2001 Opinion or Order Filing 42 ORDER granting joint motion to ext motion deadline. (Related Doc #38 ) Deft to file s.j. mtn by 11/19/01; response due 12/14/01; reply due 12/24/01. Judge David A. Katz. (B, C)
November 15, 2001 Opinion or Order Filing 41 ORDER granting deft Consol Freightway's motion to file brief in support of motion for s.j. in excess of page limit. Judge David A. Katz. (Related Doc #40 ) (B, C)
November 13, 2001 Filing 40 Motion for order for Extension of Page Limits filed by Consolidated Freightways, Inc.. (Attachments: #1 Brief in Support of Motion for Extension of Page Limits #2 Proposed Order)(Gordon, Jeffrey) A Modified on 11/13/2001 (S, R).
November 7, 2001 Filing 39 Memorandum In Support (Related Motion(s) #38 ) Joint Motion for Extension of Time filed by Consolidated Freightways, Inc.. (Attachments: #1 Exhibit Proposed Entry)(Gordon, Jeffrey)
November 7, 2001 Filing 38 Joint Motion for extension of time for Dispositive Motions filed by Consolidated Freightways, Inc.. (Gordon, Jeffrey)
August 23, 2001 Opinion or Order Filing 37 ORDER phone status held 8/23/01. Motion for extension granted. (Related Doc #36 ) Discovery deadline extended to 10/22/01, Dispositive motion deadline extended to 11/12/01, Final pretrial set 10/15/01 vacated & reset for 2/11/02 at 11:30 a.m. at Chambers 210, Jury Trial set 11/13/01 & backup date of 11/20/01 vacated & reset for 3/5/02 at 9:00 AM in Courtroom 204. Agreed stipulation of facts, trial briefs & motions in limine due by 2/22/02. (Katz, David)
August 9, 2001 Filing 36 Joint Motion for extension of time to conduct discovery, file motions and for continuance of trial date filed by Debbie Simms. (N, D)
July 20, 2001 Filing 35 Notice to take Deposition of Plaintiff on July 31, 2001 at 9:00 a.m. filed by Jeffrey R. Gordon on behalf of Consolidated Freightways, Inc.. (Gordon, Jeffrey)
July 13, 2001 Filing 34 Notice of taking deposition of Bob Furgeson on 8/3/01 at 11:00 am filed by Judith A. Myers on behalf of Debbie Simms. (N, D)
July 13, 2001 Filing 33 Notice of Service of response to Consolidated Freightways' first request for production of documents filed by Judith A. Myers on behalf of Debbie Simms. (N, D)
July 13, 2001 Filing 32 Notice of taking deposition of Patty Laster on 8/3/01 at 9:00 am filed by Judith A. Myers on behalf of Debbie Simms. (N, D)
July 13, 2001 Filing 31 Notice of taking depositions of Andy and Terri Taulbee on 8/2/01 at 1:30 pm filed by Judith A. Myers on behalf of Debbie Simms. (N, D)
July 13, 2001 Filing 30 Notice of taking deposition of Robert Spratt on 8/2/01 at 9:00 am filed by Judith A. Myers on behalf of Debbie Simms. (N, D)
July 13, 2001 Filing 29 Notice of taking deposition of Brent Thompson on 8/1/01 at 9:00 am filed by Judith A. Myers on behalf of Debbie Simms. (N, D)
July 13, 2001 Filing 28 Notice of taking deposition of Larry Baker on 8/3/01 at 2:00 pm filed by Judith A. Myers on behalf of Debbie Simms. (N, D)
July 9, 2001 Filing 27 Notice to take Deposition of Debbie Simms on July 13, 2001 filed by Jeffrey R. Gordon on behalf of Consolidated Freightways, Inc.. (Gordon, Jeffrey)
May 21, 2001 Opinion or Order Filing 26 Order phone conference held 5/21/01. Discovery deadline extended to 8/10/01, Dispositive motions deadline extended to 8/31/01, Backup Jury Trial set for 11/20/01. (Katz, David)
March 28, 2001 Filing 25 Notice of Service of first set of interrogatories and request for production of documents propounded to defendant Consolidated Freight Ways, Inc. filed by Judith A. Myers on behalf of Debbie Simms.(S, D)
February 8, 2001 Filing 24 Marginal Order granting Motion to withdraw attorneys Devine and Garling on behalf of deft Consolidated Freightways, Inc. Judge David A. Katz (Related Doc #23 ) (B, C)
February 5, 2001 Filing 23 Motion to withdraw as attorney ; re: attorneys Joseph C. Devine and Ellen J. Garling filed by Manuel J. Asensio, Jeffrey R. Gordon of Baker & Hostetler on behalf of Consolidated Freightways, Inc..(N, D)
January 31, 2001 Filing 22 TRIAL ORDER. Jury Trial set for 11/13/01 at 9:00 AM in Courtroom 204. Stipulations of fact, trial briefs & motions in limine due by 10/23/01.(Katz, David)
January 31, 2001 Filing 21 Case Management Conference Order. Case designated to standard track. Discovery due by 7/16/01, Parties to be joined and pleading amendments due by 7/20/01, Dispositive motions due by 8/6/01, telephone status set for 5/21/01 at 9:30 a.m., Final pretrial set for 10/15/01 at 11:30 a.m., Jury Trial set for 11/13/01. (Katz, David)
January 25, 2001 Filing 20 JUDGMENT ENTRY. Plaintiff's motion to remand denied.(Katz, David)
January 25, 2001 Filing 19 MEMORANDUM OPINION motion to remand case denied. (Related Doc #12 ) (Katz, David)
January 24, 2001 Filing 18 Discovery Plan FRCP 26 filed by Judith A. Myers on behalf of all parties.(N, D)
December 29, 2000 Filing 17 Opposition to plaintiff's motion for remand filed by M. J. Asensio, Jeffrey R. Gordon of Baker & Hostetler, LLP on behalf of Consolidated Freightways, Inc.. (Related motion(s) #12 ) (N, D)
December 22, 2000 Filing 16 MARGINAL ENTRY ORDER granting deft's mtn for ext of time to 12/29/00 to file oppos to pltf's mtn to remand. Judge David A. Katz(related document(s) #15 ). (B, C)
December 15, 2000 Filing 15 Agreed entry / extending deft Consolidated Freightways Corp's time until 12/29/00 to file a memorandum in opposition to plaintiff's motion for remand filed by M. J. Asensio of Baker & Hostetler, LLP on behalf of Consolidated Freightways, Inc..(N, D)
December 12, 2000 Filing 14 Answer to counterclaim of Brent Thompson (related document(s) #13 ) Filed by Judith A. Myers on behalf of Debbie Simms.(A, P)
December 6, 2000 Filing 13 Answer to Notice of Removal, Counterclaim against Consolidated Freightways, Inc. filed by Arnold N. Gottlieb on behalf of Brent Thompson.(N, D)
November 29, 2000 Filing 12 Motion to remand case and memorandum in support filed by Judith A. Myers on behalf of Debbie Simms.(S, D)
November 28, 2000 Opinion or Order Filing 11 Order granting pltf's motion for attorney Judith Myers to appear pro hac vice.Judge David A Katz (Related Doc #9 ) (B, C)
November 28, 2000 Filing 10 Marginal Order granting pltf's motion for extension of time to 11/29/00 tofile motion to remand. Judge David A. Katz (Related Doc #8 ) (B, C)
November 20, 2000 Filing 9 Motion for appearance pro hac vice of filed by Judith A. Myers on behalf of Debbie Simms. (Attachments: #1 Proposed Order)(N, D)
November 20, 2000 Filing 8 Motion (agreed entry) extending plaintiff's time to filemotion for remand until 11/29/00 filed by Judith A. Myers on behalf of Debbie Simms, Jeffrey Gordon on behalf of Consolidated Freightways and Arnold Gottlieb on behalf of Brent Thompson (N, D)
November 17, 2000 Filing 7 Notice re: removal order statement filed by Jeffrey R. Gordon, M. J. Asensio of Baker & Hostetler on behalf of Consolidated Freightways, Inc..(N, D)
November 14, 2000 Filing 6 Answer and affirmative defenses Filed by Joseph C. Devine, M. J. Asensio of Baker & Hostetler on behalf of Consolidated Freightways, Inc..(N, D)
November 14, 2000 Filing 5 Case Management Conference Scheduling Notice. CMC to be held on 1/29/2001 at 11:00 AM at Chambers 210. Recommended Track: Standard. (B, C)
November 13, 2000 Filing 4 REMOVAL ORDER. USDC assumes jurisdiction (Lucas County Common Pleas CIO-2000-4329) Judge David A. Katz (B, C)
November 7, 2000 Filing 3 Notice of Placement of case in the CM/ECF Docketing System .(N, D)
November 7, 2000 Filing 2 Notice of certificate of filing of notice of removal filed by Ellen J. Garling of Baker & Hostetler, LLP on behalf of Consolidated Freightways, Inc..(N, D)
November 7, 2000 Filing 1 Notice of Removal with jury demand. filed by M. J. Asensio, Ellen J. Garling of Baker & Hostetler, LLP on behalf of Consolidated Freightways, Inc.. Filing fee collected, receipt #310329. (Attachments: #1 Civil Cover Sheet)(N, D)

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Plaintiff: Debbie Simms
Represented By: Judith A. Myers
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Defendant: Brent Thompson
Represented By: Arnold N. Gottlieb
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Defendant: Consolidated Freightways, Inc.
Represented By: Jeffrey R. Gordon
Represented By: Manuel J. Asensio
Represented By: Ellen J. Garling
Represented By: Joseph C. Devine
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