Bojicic et al v. DeWine et al
| Kenneth Edward Ican doing business as Rock City Dance, Inc., Jeffrey Goltiao doing business as Dance Edge, Erica Bojicic doing business as Evolve Dance Company, LLC, Michael Scoggins doing business as Ohio Ballroom, Lisa Ferrara doing business as Your Next Move, LLC, Amanda Shane doing business as Count Me In, LLC, Randy Clinger doing business as UA Fitness LLC, Joshua L. Tilford, Darcy Sines doing business as Miss Darcys Academy of Dance and Art, LLC, Jerry Satava doing business as Hudson Ballroom Company doing business as In-Flight Ballroom Company doing business as Mambo Kings Inc., Emily Mertens doing business as Ballroom Dance Experience doing business as Movement Enterprises, LLC, Sergi Bakalov doing business as Columbus Dance Sport, LLC and David A. Ross, II DA Ross Holdings, LLC doing business as Crystal Ballroom |
| Kate Siefert, Mysheika Roberts, Mary Kate Francis, David Covell, Ron Graham, Bruce Vanderhoff, Melba R. Moore, Sovereign State of Ohio, Michael DeWine, Donna Skoda, Kirkland Norris, Wendy Gotschall, Gregory Kesterman, Stephanie McCloud, Joseph Mazzola, Wesley J. Vins, Jeffrey A Cooper, Terry Allan, Peter Schade, Melissa Howell, Amy Acton, Lance Himes and Eric Zgodzinski |
| 3:2021cv00630 |
| March 19, 2021 |
| US District Court for the Northern District of Ohio |
| James G Carr |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 Motion to dismiss filed by Defendant Melba Moore. (Martin, Jacklyn) |
| Filing 31 Attorney Appearance by Jacklyn Gonzales Martin filed by on behalf of Melba Moore. (Martin, Jacklyn) |
| Filing 30 Attorney Appearance by Melissa Z. Kelly filed by on behalf of Amy Acton, Michael DeWine, Lance Himes, Stephanie McCloud. (Kelly, Melissa) |
| Filing 29 Attorney Appearance by Seth J. Linnick filed by on behalf of Amy Acton, Michael DeWine, Lance Himes, Stephanie McCloud. (Linnick, Seth) |
| Filing 28 Attorney Appearance by David M. Smith filed by on behalf of David Covell, Melissa Howell, Joseph Mazzola, Kirkland Norris, Peter Schade, Kate Siefert, Donna Skoda. (Smith, David) |
| Filing 27 Motion to dismiss for failure to state a claim with memorandum filed by Defendant Terry Allan. Related document(s) #1 . (Attachments: #1 Exhibit Director's Stay at Home Order, #2 Exhibit Director's Order that Reopens Gyms, Dance Instruction Studios, and Other Personal Fitness Venues)(Elliott, Jake) |
| Filing 26 Motion to dismiss for failure to state a claim filed by Amy Acton, Michael DeWine, Lance Himes, Stephanie McCloud. (Hanna, Robert) |
| Filing 25 Motion to dismiss for failure to state a claim filed by Defendant Mysheika Roberts. (Coglianese, Richard) Modified event and text on 5/3/2021 (M,L). |
| Filing 24 Motion to dismiss for failure to state a claim against Defendants Joseph Mazzola, Peter Schade, David Covell, Kirkland Norris, Kate Siefert, Melissa Howell, and Donna Skoda with memorandum in support filed by David Covell, Melissa Howell, Joseph Mazzola, Kirkland Norris, Peter Schade, Kate Siefert, Donna Skoda. (Imbrogno, Amily) |
| Filing 23 Attorney Appearance by Robert J. Hanna , Seth J. Linnick and Melissa Z. Kelly filed by on behalf of Amy Acton, Michael DeWine, Lance Himes, Stephanie McCloud. (Hanna, Robert) |
Order: [non-document] On review of the docket, it appearing that there are several pending motions to dismiss, it is hereby ordered that leave granted to plaintiff to file its response/opposition on or before 5/31/2021; and leave granted to defendant to file its reply on or before 6/14/2021. Related Document(s) #24 , #25 , #26 , and #27 . Judge James G. Carr on 4/26/2021. (D,TM)
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| Filing 22 Return of Service by Clerk by certified mail executed upon Kirkland Norris on 4/5/2021, filed on behalf of All Plaintiffs Related document(s) #7 . (H,JL) |
| Filing 21 Motion for judgment on the pleadings filed by Defendant Eric Zgodzinski. (Pituch, Kevin) |
| Filing 20 Answer to Plaintiffs Complaint filed by Eric Zgodzinski. Related document(s) #1 . (Attachments: #1 Exhibit 1: ODH March 21, 2020 Order, #2 Exhibit 2: ODH March 22, 2020 Order, #3 Exhibit 3: ODH May 22, 2020 Order) (Pituch, Kevin) |
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Filing 19
Order and Notice of Party Dismissal of Gregory Kesterman individually and in his official capacity Health Commissioner, Director of Hamilton County Health. Judge James G. Carr on 4/15/2021. (D,TM)
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| Filing 18 Return of Service by Clerk by certified mail executed upon Terry Allan on 4/5/2021, filed on behalf of All Plaintiffs. Related documents #1 , #7 . (K,AR) |
| Filing 17 Notice of Dismissal of Gregory Kesterman individually and in his official capacity Health Commissioner, Director of Hamilton County Health filed by All Plaintiffs. (Gargasz, Robert) |
| Filing 16 Attorney Appearance by Jake A. Elliott filed by on behalf of Terry Allan. (Elliott, Jake) |
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Filing 15
Order and Notice of Party Dismissal without prejudice of Defendant Wendy Gotschall individually and in her official capacity as the Health Commissioner, Director of Carroll County General Health District. Judge James G. Carr on 4/13/2021. (D,TM)
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| Filing 14 Return of Service by Clerk by certified mail executed upon Amy Acton on 4/5/2021; Michael DeWine on 4/5/2021-no signature, marked covid; Wendy Gotschall on 4/9/2021, no delivery date on green card, date obtained from U.S. Postal Service website; Lance Himes on 4/5/2021; Joseph Mazzola on 4/6/2021; Stephanie McCloud on 4/5/2021; Melba R. Moore on 4/8/2021; Mysheika Roberts on 4/5/2021; Sovereign State of Ohio on 4/5/2021-so signature, marked covid-19; David Covell initialled and marked C19 on April 5, 2021, no delivery date on green card, date obtained from U.S. Postal Service website; filed on behalf of All Plaintiffs Related document(s) #7 . (H,JL) Modified text on 4/27/2021 (M,L). |
| Filing 13 Notice of Party Dismissal under FRCP 41(a)(1) without prejudice of Defendant Wendy Gotschall individually and in her official capacity as the Health Commissioner, Director of Carroll County General Health District filed by All Plaintiffs. (Gargasz, Robert) Modified text on 4/13/2021 (D,TM). |
| Filing 12 Return of Service by Clerk by certified mail executed upon Peter Schade on 4/5/2021, filed on behalf of All Plaintiffs Related document(s) #7 . (H,JL) |
| Filing 11 Return of Service by Clerk by certified mail signed Covid 19 executed upon Melissa Howell on 4/5/2021, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of All Plaintiffs Related document(s) #7 . (H,JL) Modified on 4/8/2021 (H,JL). |
| Filing 10 Return of Service by Clerk by certified mail executed upon Kate Siefert on 4/5/2021-signed and marked C19 R3, filed on behalf of All Plaintiffs Related document(s) #7 . (H,JL) Modified text on 4/26/2021 (M,L). |
| Filing 9 Return of Service by Clerk by certified mail executed upon Eric Zgodzinski on 4/1/2021, filed on behalf of All Plaintiffs Related document(s) #7 . (H,JL) |
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Filing 8
Marginal Order and Notice of Party Dismissal of Defendant Wesley J. Vins pursuant to FRCP 41(a)(1) filed by Plaintiffs. Judge James G. Carr on 3/25/2021. (D,TM)
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| Filing 7 Original Summons issued to counsel for service upon Amy Acton, Terry Allan, Jeffrey A Cooper, David Covell, Michael DeWine, Mary Kate Francis, Wendy Gotschall, Lance Himes, Melissa Howell, Gregory Kesterman, Joseph Mazzola, Stephanie McCloud, Melba R. Moore, Kirkland Norris, Mysheika Roberts, Peter Schade, Kate Siefert, Donna Skoda, Sovereign State of Ohio, Bruce Vanderhoff, Eric Zgodzinski. (M,L) |
| Filing 6 Notice of Dismissal Under FRCP 41(a)(1) of Defendant Wesley J. Vins filed by All Plaintiffs. (Gargasz, Robert) |
| Filing 5 Attorney Appearance Notice of Appearance by Richard N. Coglianese filed on behalf of Mysheika Roberts. (Coglianese, Richard) |
| Filing 4 Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: #1 Summons)(Gargasz, Robert) |
| Service by Clerk. Type of service: Certified mail. Summons and Complaint addressed to Amy Acton Receipt # 7020 0640 0001 1752 9444, Terry Allan Receipt # 7020 0640 0001 1752 9529, Jeffrey A Cooper Receipt # 7020 0640 0001 1752 9598, David Covell Receipt # 7020 0640 0001 1752 9505, Michael DeWine Receipt # 7020 0640 0001 1752 9413, Wendy Gotschall Receipt # 7020 0640 0001 1752 9536, Lance Himes Receipt # 7020 0640 0001 1752 9437, Melissa Howell Receipt # 7020 0640 0001 1752 9550, Gregory Kesterman Receipt # 7020 0640 0001 1752 9499, Joseph Mazzola Receipt # 7020 0640 0001 1752 9468, Stephanie McCloud Receipt # 7020 0640 0001 1752 9420, Melba R. Moore Receipt # 7020 0640 0001 1752 9567, Kirkland Norris Receipt # 7020 0640 0001 1752 9604, Mysheika Roberts Receipt # 7020 0640 0001 1752 9574, Peter Schade Receipt # 7020 0640 0001 1752 9475, Kate Siefert Receipt # 7020 0640 0001 1752 9512, Donna Skoda Receipt # 7020 0640 0001 1752 9611, Sovereign State of Ohio Receipt # 7020 0640 0001 1752 9451, and Eric Zgodzinski Receipt # 7020 0640 0001 1752 9581 placed in U.S. Mail. (K,AR) |
| Filing 3 Magistrate Consent Form issued. Summons were not provided and were not issued. (M,L) |
| Filing 2 Supplement to Complaint, - Civil Cover Sheet, filed by All Plaintiffs. Related document(s) #1 . (Gargasz, Robert) |
| Filing 1 Complaint with jury demand 1,000,000 against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-10729608.. Filed by Sergi Bakalov, Erica Bojicic, Randy Clinger, Sines Darcy, Lisa Ferrara, Jeffrey Goltiao, Kenneth Ican, Emily Mertens, David Ross II, Jerry Satava, Michael Scoggins, Amanda Shane, Joshua Tilford. (Attachments: #1 Civil Cover Sheet) (Gargasz, Robert) |
| 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). (M,L) |
| Judge James G. Carr assigned to case. (M,L) |
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