Grater v. Damascus Township Trustees
Plaintiff: Charles Grater
Defendant: Damascus Township Trustees and Bates Recycling, Inc.
Interested Party: Dave Yost Ohio Attorney General
Case Number: 3:2022cv00318
Filed: February 25, 2022
Court: US District Court for the Northern District of Ohio
Presiding Judge: Jack Zouhary
Nature of Suit: Constitutional - State Statute
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2022 Opinion or Order Filing 14 Brief in Support of Constitutional Challenge filed by All Plaintiffs. (Attachments: #1 Exhibit Summons on Complaint, State v. Grater, #2 Exhibit Ohio House Bill 444) (Murry, Zachary)
April 25, 2022 Opinion or Order Filing 13 Brief In Support of the Conclusion that Section 505.87 of the Ohio Revised Code is Constitutional filed by Bates Recycling, Inc.. (Filkins, John)
April 21, 2022 Opinion or Order Filing 12 Brief that Section 505.87 of the Ohio Revised Code is Constitutional filed by Damascus Township Trustees. (Attachments: #1 Exhibit 1 - Notice of Nuisance Abatement Posted September 10, 2018, #2 Exhibit 2 - Notice to Lienholders dated September 10, 2018, #3 Exhibit 3 - Letter from Attorney Alan Lehenbauer dated September 14, 2018, #4 Exhibit 4 - Letter from Attorney Marvin Robon dated September 12, 2018, #5 Exhibit 5 - Letter from Attorney Alan Lehenbauer dated September 27, 2018, #6 Exhibit 6 - Letter from APA Katie Nelson dated October 2, 2018, #7 Exhibit 7 - Letter from Attorney Marvin Robon dated October 4, 2018, #8 Exhibit 8 - Letter from APA Katie Nelson dated October 5, 2018, #9 Exhibit 9 - Trustees' Resolution No. 3/18 adopted October 29, 2018) (Nelson, Katie)
March 25, 2022 Opinion or Order Filing 11 ORDER Initial Telephone Conference held on 3/24/2022. Counsel shall file simultaneous briefs on the Constitutional issues raised in the Complaint by Monday, April 25, 2022 -- twenty (20) page limit. Simultaneous reply briefs are due Wednesday, May 25, 2022 -- ten (10) page limit. An in-person hearing will take place on Wednesday, June 29, 2022 at 2 PM in Courtroom 209. Questions will be circulated to counsel prior to the hearing. Judge Jack Zouhary on 3/25/2022. (20 mins) (V,S)
March 22, 2022 Opinion or Order Filing 10 Attorney Appearance by Katie L. Nelson filed by on behalf of Damascus Township Trustees. (Nelson, Katie)
March 22, 2022 Opinion or Order NOTICE [non-document] of Initial Telephone Conference set for Thursday, March 24, 2022 at 10:00 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. No dispositive motions shall be filed prior to the Initial Telephone Conference. (V,S)
March 21, 2022 Opinion or Order Filing 9 Attorney Appearance by John C. Filkins, III filed by on behalf of Bates Recycling, Inc.. (Filkins, John)
March 11, 2022 Opinion or Order Filing 8 Notice Of Reservation Of Rights And Appearance By The Office Of The Ohio Attorney General filed by Dave Yost Ohio Attorney General. (Lee, Bryan)
March 11, 2022 Opinion or Order Filing 7 Notice of Constitutional Question filed by Charles Grater. (Attachments: #1 Exhibit 1 - Service)Related document(s) #1 .(Murry, Zachary)
March 11, 2022 Opinion or Order Filing 6 Return of Service by certified mail executed upon Bates Recycling, Inc. on 3/1/2022, filed on behalf of Charles Grater Related document(s) #1 . (Murry, Zachary)
March 11, 2022 Opinion or Order Filing 5 Return of Service by certified mail executed upon Damascus Township Trustees on 3/4/2022, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Charles Grater Related document(s) #1 . (Murry, Zachary)
March 1, 2022 Opinion or Order Filing 4 Civil Case Management Procedures Order. Judge Jack Zouhary on 3/1/2022. (S,DM)
March 1, 2022 Opinion or Order 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. (S,DM)
February 25, 2022 Opinion or Order Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Bates Recycling, Inc., Damascus Township Trustees. (Attachments: #1 Magistrate Consent Form) (S,DM)
February 25, 2022 Opinion or Order Filing 2 Corporate Disclosure Statement filed by Charles Grater. (Murry, Zachary)
February 25, 2022 Opinion or Order Filing 1 Complaint with jury demand for Declaratory, Injunctive, and Other Relief against Bates Recycling, Inc., Damascus Township Trustees. Filing fee paid $ 402, Receipt number AOHNDC-11289715.. Filed by Charles Grater. (Attachments: #1 Exhibit 1 - Notice of Abatement, #2 Exhibit 2 - Transcript of Hearing (10-8-20), #3 Exhibit 3 - June 7, 2021 Opinion and Judgment, #4 Exhibit 4 - Letter to Katie Nelson (1-18-21), #5 Exhibit 5 - Vehicle Titles, #6 Exhibit 6 - Ford Ranger Registration & Picture, #7 Exhibit 7 - Northwest Signal Article (2-1-22), #8 Civil Cover Sheet, #9 Summons) (Murry, Zachary)
February 25, 2022 Opinion or Order Judge Jack Zouhary assigned to case. (S,DM)
February 25, 2022 Opinion or Order Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (S,DM)

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Plaintiff: Charles Grater
Represented By: Marvin A. Robon
Represented By: Zachary J. Murry
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Defendant: Damascus Township Trustees
Represented By: Katie L. Nelson
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Defendant: Bates Recycling, Inc.
Represented By: John C. Filkins, III
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Interested party: Dave Yost Ohio Attorney General
Represented By: Bryan B. Lee
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