Dad's Place of Bryan, Ohio v. City of Bryan et al.
| Dad's Place of Bryan, Ohio |
| City of Bryan, Mayor Carrie Schlade, Jamie Mendez, Andrew J. Waterson and Doug Pool |
| 3:2024cv00122 |
| January 22, 2024 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 Expedited Non-Appeal Transcript Order Form for proceedings held on February 1, 2024 before Judge Darrell A. Clay, Requested completion date: March 27, 2024 filed by All Defendants. ECRO, to be transcribed by Court Reporter Heather Newman. (Climer, James) Modified on 3/20/2024 to add transcriber information. (N,SE). |
ORDER [non-document]. Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction #2 is denied without prejudice, with the option to renew at a later date. At counsel's request the Motion Hearing set for 3/4/2024 is vacated. Joint Status Report due by March 25, 2024 indicating case status. Judge Jack Zouhary on 2/26/2024. (V,S)
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| Filing 19 Brief in Opposition to Plaintiff's Motion for A Temporary Restraining Order and Preliminary Injunction filed by Andrew J. Waterson, Carrie Schlade, City of Bryan, Doug Pool, Jamie Mendez. (Attachments: #1 Exhibit A Waterston Affidavit) (Climer, James) |
| Filing 18 Answer to #1 Complaint filed by Andrew J. Waterson, Carrie Schlade, City of Bryan, Doug Pool, Jamie Mendez. (Fishel, Marc) |
| Filing 17 Marginal Entry Order granting #13 Motion for Clarification of Response Date to Motion for Temporary Restraining Order. Response is due 2/16/2024; Reply is due 2/23/2024. Counsel should also confer whether a TRO hearing is necessary. Judge Jack Zouhary on 2/5/2024. (V,S) |
| Filing 16 Marginal Entry Order granting #12 Motion for appearance pro hac vice by attorney David J. Hacker for Dad's Place of Bryan, Ohio. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 2/2/2024. (Attachments: #1 ACTL Code of Conduct) (V,S) |
| Filing 15 Marginal Entry Order granting #11 Motion for appearance pro hac vice by attorney Ryan N. Gardner for Dad's Place of Bryan, Ohio. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 2/2/2024. (Attachments: #1 ACTL Code of Conduct) (V,S) |
| Filing 14 Marginal Entry Order granting #10 Motion for appearance pro hac vice by attorney Jeremiah Dys for Dad's Place of Bryan, Ohio. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 2/2/2024. (Attachments: #1 ACTL Code of Conduct) (V,S) |
| Filing 13 Motion to clarify Response Date to Motion for Temporary Restraining Order filed by Andrew J. Waterson, Carrie Schlade, City of Bryan, Doug Pool, Jamie Mendez. (Attachments: #1 Exhibit A - Email Exchange with Court, #2 Exhibit B - NonDoc Order)(Climer, James) |
| Minutes of proceedings [non-document] Settlement Conference held in person on February 1, 2024 before Magistrate Judge Darrell A. Clay. Plaintiff Dad's Place of Bryan, Ohio appeared through its authorized representative Chris Avell and was represented by its attorneys Philip Williamson, Stephen Hartman, and Ryan Gardner. Defendants Carrie Schlade, Jamie Mendez, Andrew Waterson, and Doug Pool appeared; defendant City of Bryan appeared through its authorized representative Mayor Schlade; and all defendants were represented by their attorneys Marc Fishel and James Climer. Extensive discussions were had with the parties and all counsel. The parties agreed on a series of measures that will be implemented during the next week to address disputed issues regarding the premises of Dad's Place. Counsel are to contact Judge Zouhary's chambers no later than Friday, February 9, 2024 with regard to any requested changes in case management deadlines, including the injunction hearing scheduled for March 4, 2024. The referral from Judge Zouhary is not terminated. Should the parties wish to engage in further settlement discussions with me, they are to contact the Courtroom Deputy to set a date and time. Time: 7 hours 50 minutes. (R,Ke) |
| Filing 12 Motion for attorney David J. Hacker to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14182, filed by Plaintiff Dad's Place of Bryan, Ohio. (Attachments: #1 Certificate of Good Standing)(K,AR) |
| Filing 11 Motion for attorney Ryan N. Gardner to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14181, filed by Plaintiff Dad's Place of Bryan, Ohio. (Attachments: #1 Certificate of Good Standing)(K,AR) |
| Filing 10 Motion for attorney Jeremiah Dys to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14180, filed by Plaintiff Dad's Place of Bryan, Ohio. (Attachments: #1 Certificate of Good Standing)(K,AR) |
| Filing 9 Attorney Appearance of Co-Counsel by James A. Climer filed by on behalf of All Defendants. (Climer, James) |
| Filing 8 Attorney Appearance by Marc A. Fishel filed by on behalf of All Defendants. (Fishel, Marc) |
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Filing 7
Order. Settlement Conference set for 2/1/2024 at 10:00 AM in Chambers 403. Ex parte settlement statements shall be submitted by email to Clay_Chambers@ohnd.uscourts.gov by 1/31/2024 no later than 10:00 AM. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. Magistrate Judge Darrell A. Clay on 1/26/2024. (R,Ke)
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| Filing 6 Civil Case Management Procedures Order. Judge Jack Zouhary on 1/25/24. (R,EM) |
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ORDER [non-document] referring case to Magistrate Judge Darrell A. Clay for mediation/settlement on February 1, 2024. Defendants' Answer is now due February 16, 2024. Judge Jack Zouhary on 1/25/2024. (V,S)
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| 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. (R,EM) |
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Filing 5
ORDER. Zoom Conference held on 1/23/2024 re #2 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. Counsel agree to maintain the "status quo" pending further briefing and a hearing on the Motion. See Order for details. Defendant shall file an Answer to the Complaint and a Response to Motion for TRO, each by February 2, 2024. Plaintiff may file a Reply to the Motion by February 9, 2024. A Hearing on the TRO is set for Monday, March 4, 2024 at 9:30 AM in Courtroom 209. Counsel shall promptly advise this Court if a settlement conference with the Magistrate Judge is desired in the interim. Judge Jack Zouhary on 1/24/2024. (30 mins) (D,L)
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| NOTICE [non-document] of Initial Zoom Conference set for TODAY, January 23, 2024 at 10 AM (EST) before Judge Jack Zouhary. A Zoom invitation was sent to counsel by email. No dispositive motions shall be filed prior to the Initial Zoom Conference. (V,S) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Andrew J. Waterson, Carrie Schlade, City of Bryan, Doug Pool, and Jamie Mendez. (Attachments: #1 Magistrate Consent Form) (R,EM) |
| Filing 3 Corporate Disclosure Statement filed by Dad's Place of Bryan, Ohio. (Dornette, W.) |
| Filing 2 Motion for temporary restraining order , Motion for preliminary injunction filed by Plaintiff Dad's Place of Bryan, Ohio. Related document(s) #1 . (Attachments: #1 Memorandum of Law in Support, #2 Proposed Order). (Dornette, W.) |
| Filing 1 Verified Complaint with jury demand against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-12367256. Filed by Dad's Place of Bryan, Ohio. (Attachments: #1 Exhibit 1 - 10/19/2020 City attorney letter to The Sanctuary, #2 Exhibit 2 - Minutes of 11/17 meeting of Board of Sanctuary of Williams County, #3 Exhibit 3 - 11/3/2023 City letter to Dad's Place, #4 Exhibit 4 - 11/17/2023 letter to Chief Ruskey, #5 Exhibit 5 - 12/8/2023 criminal complaint against Christopher Avell, #6 Exhibit 6 - Bryan Times story re: zoning violations, #7 Exhibit 7 - Fire Department citations, #8 Exhibit 8 - Press release, #9 Civil Cover Sheet, #10 Summons City of Bryan, #11 Summons Carrie Schlade, #12 Summons Jamie Mendez, #13 Summons Andrew J. Waterson, #14 Summons Doug Pool) (Dornette, W.) |
| 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. (R,EM) |
| Judge Jack Zouhary assigned to case. (R,EM) |
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