Cyrus v. Gaber et al
| James Cyrus |
| Opportunities for Ohioans with Disabilities, Bureau of Services for the Visually Impaired, Kevin Miller, Sharon Gaber, University of Toledo, Gregory Dormer and Local 2415, American Federation of State, County and Municipal Employees, AFL-CIO, Ohio Council 8 |
| 3:2019cv01754 |
| August 2, 2019 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on September 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 31 Dismissal Order. A Settlement Conference held on September 23, 2019 resulted in a settlement which was read and approved on the record (Court Reporter: Stacey Kiprotich). Settled and dismissed without prejudice. Each party is to bear its own costs. Any subsequent Dismissal with prejudice filed within 30 days shall supersede this Order. This Court also retains jurisdiction to enforce the terms of the settlement. Judge Jack Zouhary on 9/26/2019. (D,L) |
| Filing 30 MARGINAL ENTRY ORDER granting #29 Motion for Extension of Time to Answer for Defendant Ohio Council 8 and Local 2415. Judge Jack Zouhary on 9/10/19.(S,Na) |
| Filing 29 Motion for extension of time to move or plead and Motion for extension to file its Memorandum in Opposition to Plaintiff's #22 Motion for Temporary Restraining Order and Preliminary Injunction filed by Defendant Local 2415, American Federation of State, County and Municipal Employees, AFL-CIO, Ohio Council 8. Related Documents #17 . (Evans, Michelle) Modified text on 9/10/2019 (D,TM). |
| NOTICE [non-document]. Settlement Conference held on 9/9/19. Status quo until further talks set for 9/23/19 at 10:30 AM. (S,Na) |
Filing 28
ORDER. Phone Status held on 8/30/19. Counsel agreed to participate in a Settlement Conference set for 9/9/19 at 10:30 AM. The combined Temporary Restraining Order/Preliminary Injunction Hearing previously set for that date at 1:30 PM #14 is vacated. Counsel shall report to Chambers after the Settlement Conference concludes to update this Court. The earlier Order #14 remains in effect. (30 min) Judge Jack Zouhary on 8/30/19. (S,Na)
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| Filing 27 Attorney Appearance by R. Sean Grayson filed by on behalf of Local 2415, American Federation of State, County and Municipal Employees, AFL-CIO, Ohio Council 8. (Grayson, R.) |
| Filing 26 Attorney Appearance by Kimberly A. Massengill-Bernardin filed by on behalf of Local 2415, American Federation of State, County and Municipal Employees, AFL-CIO, Ohio Council 8. (Massengill-Bernardin, Kimberly) |
| NOTICE [non-document] of Phone Status re Motion for Temporary Restraining Order and Preliminary Injunction #22 set for 8/30/19 at 2:00 PM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| Filing 25 Attorney Appearance by Michelle R. Evans filed by on behalf of Local 2415, American Federation of State, County and Municipal Employees, AFL-CIO, Ohio Council 8. (Evans, Michelle) |
| Filing 24 Notice of Substitution of Counsel removing attorney Julie Brigner and adding attorney Tracy M. Nave filed by on behalf of Opportunities for Ohioans with Disabilities, Bureau of Services for the Visually Impaired. (Nave, Tracy) |
| Filing 23 Supplement to #22 Motion for preliminary injunction and Motion for Temporary Restraining Order - Certification of Rule 65 Compliance, filed by All Plaintiffs. (Belazis, Paul) |
| Filing 22 Motion for preliminary injunction and Motion for temporary restraining order with Memorandum in Support of Motion filed by Plaintiff James Cyrus. Related document(s) #14 , #17 . (Attachments: #1 Exhibit Attachment 1, Grievance, #2 Exhibit Attachment 2, Collective Bargaining Agreemenet)(Belazis, Paul). |
| Filing 21 Waiver of Service Returned Executed by Opportunities for Ohioans with Disabilities, Bureau of Services for the Visually Impaired. Opportunities for Ohioans with Disabilities, Bureau of Services for the Visually Impaired waiver sent on 8/23/2019, answer due 10/22/2019 filed on behalf of Opportunities for Ohioans with Disabilities, Bureau of Services for the Visually Impaired (Brigner, Julie) |
| Filing 20 Attorney Appearance by Stephanie M. Swiger filed by on behalf of University of Toledo. (Swiger, Stephanie) |
| Filing 19 Return of Service by personal service executed upon Local 2415, American Federation of State, County and Municipal Employees, Council 8 on 8/21/19 filed on behalf of All Plaintiffs Related document(s) #17 , #18 . (Belazis, Paul) |
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Order [non-document] approving #16 Stipulated Extension of Time for Defendant University of Toledo to Move or Plead. University of Toledo answer now due 9/9/2019. Judge Jack Zouhary on 8/22/2019.(D,L)
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| Filing 18 Original Summons and Magistrate Consent Form issued to counsel for service upon Local 2415, American Federation of State, County and Municipal Employees, AFL-CIO, Ohio Council 8. (Attachments: #1 Magistrate Consent Form) (M,L) |
| Filing 17 Amended complaint against American Federation of State, County and Municipal Employees, AFL-CIO, Ohio Council 8, Local 2415 and adding new party defendant(s) American Federation of State, County and Municipal Employees, AFL-CIO, Ohio Council 8, Local 2415. Filed by James Cyrus. (Attachments: #1 Exhibit Attachment 1, #2 Supplement Summons) (Belazis, Paul) |
| Filing 16 Proposed Stipulation for Extension of Time to Move or Plead filed by University of Toledo. (Knight, Jeffrey) |
| Filing 15 Proposed Stipulation dismissing Defendants Sharon Gaber, Kevin Miller, and Gregory Dormer without prejudice filed by James Cyrus. Related document(s) #1 .(Belazis, Paul) Modified text on 8/21/2019 (M,L). |
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Order [non-document] and Notice of Party Dismissal approving #15 Proposed Stipulation Dismissing Defendants Sharon Gaber, Kevin Miller, and Gregory Dormer, without prejudice. Judge Jack Zouhary on 8/20/2019. (D,L)
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Filing 14
ORDER. Court was scheduled to hear a Motion for Temporary Restraining Order on 8/7/19. Counsel reached an agreement (sealed record) allowing the parties time to discuss a settlement. The Motion to Quash #10 is therefore denied as moot. A combined Temporary Restraining Order/Preliminary Injunction Hearing is now set for 9/9/19 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. Counsel shall confer re protocol for the Hearing, and file witness and exhibit lists in advance of the Hearing. (3 hrs) Judge Jack Zouhary on 8/8/19. (S,Na)
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| Filing 13 Opposition to #10 Motion to quash Subpoena of Lynette Hustwick, Instanter filed by All Plaintiffs. (Belazis, Paul) |
| Filing 12 Opposition to #2 Motion for temporary restraining order filed by Sharon Gaber, University of Toledo. (Attachments: #1 Exhibit A - Catering Policy at UT, #2 Exhibit B - Grievance)(Golian, Amy) |
| Filing 11 Opposition to #2 Motion for temporary restraining order filed by OOD Defendants filed by Gregory Dormer, Sharon Gaber, Kevin Miller, Opportunities for Ohioans with Disabilities, Bureau of Services for the Visually Impaired. (Brigner, Julie) |
| Filing 10 Motion to quash Subpoena of Lynette Hustwick, Instanter with memorandum in support filed by Gregory Dormer, Sharon Gaber, Kevin Miller, Opportunities for Ohioans with Disabilities, Bureau of Services for the Visually Impaired. (Brigner, Julie) M |
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Filing 9
ORDER. Initial Phone Status held on 8/5/19. Court allowed counsel time to speak privately about case schedule. With agreement of counsel, a Hearing on the Motion for Temporary Restraining Order #2 is set for 8/7/19 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. Attendance in person is encouraged; counsel should advise in advance if attending by phone. (45 min) Judge Jack Zouhary on 8/6/19. (S,Na)
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| Filing 8 Supplement to Motion for temporary restraining order - Supplemental Verified Statement of James Cyrus, filed by All Plaintiffs. Related document(s) #2 . (Belazis, Paul) |
| Filing 7 Civil Case Management Procedures Order. Judge Jack Zouhary on 8/2/2019. (M,L) |
| Filing 6 Magistrate Consent Form issued. Summons were not provided and were not issued. (M,L) |
| Filing 5 Supplement to Complaint - Civil Cover Sheet, filed by James Cyrus. Related document(s) #1 . (Belazis, Paul) |
| Filing 4 Rule 65 Certification of Compliance filed by James Cyrus. Related document(s) #2 .(Belazis, Paul) |
| Filing 3 Proposed Temporary Restraining Order filed by James Cyrus. Related document(s) #2 . (Belazis, Paul) |
| Filing 2 Motion for temporary restraining order filed by Plaintiff James Cyrus. (Attachments: #1 Affidavit of James Cyrus)(Belazis, Paul) |
| Filing 1 Complaint For Injunctive Relief against All Defendants. Filing fee paid $ 400, Receipt number 0647-9450396. Filed by James Cyrus. (Belazis, Paul) |
| Judge Jack Zouhary assigned to case. (M,L) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (M,L) |
| 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 R. Knepp, II. (M,L) |
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