Graves et al v. Mahoning County et al
| Shannon Graves, Michelle Benner, Amber Sexton, Nikki Montecalvo, April Ellis, Amanda Wallace, Erica Jackson, Mary Pratt and Trisha Narkum |
| Boardman Township, Ohio, Smith Township, Ohio, Goshen Township, Ohio, Green Township, Ohio, Beaver Township, Ohio, Springfield Township, Ohio, Mahoning County, Ohio, Milton Township, Ohio, Austintown Township, Ohio and Jackson Township, Ohio |
| 4:2010cv02821 |
| December 14, 2010 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Mahoning |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
155
Memorandum Opinion and Order: Defendants' motions to dismiss (Doc. Nos. 140 and 142 ) are granted and this action is dismissed with prejudice. Judge Sara Lioi on 1/28/2015. (P,J)
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Filing
136
Memorandum Opinion and Order: At this late date, the Court will not permit the addition of parties (neither plaintiffs nor defendants). The motion to strike (Doc. No. 121 ) is granted. Plaintiffs are granted leave to file an amended complain t, by no later than March 14, 2014, to narrow both the issues and the parties consistent with the representations made to the Court during the CMC and in light of the claims that survived the appeal. Thereafter, defendants shall have until April 4, 2 014 to file responsive pleadings. Should the responsive pleadings be in the form of dispositive motions, any opposition shall be filed by May 2, 2014 and replies, if any, by May 14, 2014. Briefing on plaintiffs' intended renewed motion for clas s certification shall be held in abeyance until any preliminary dispositive motions are resolved. At an appropriate time, if necessary, the Court will reconvene the CMC to configure the final Case Management Plan. (Related Doc # 129 ). Judge Sara Lioi on 2/28/2014. (P,J)
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Filing
103
Memorandum Opinion and Order: Defendants' motions to dismiss (Doc. Nos. 87 and 89 ) are granted in part and denied in part as follows: the claims of plaintiffs Shannon Graves and Amber Sexton are dismissed with prejudice on the ground of res judicata and because they are non-cognizable under Section 1983; the abuse of process claim in Count 4 is dismissed for failure to state a claim; and all remaining claims are stayed until all pending state court actions are resolved. Plaint iffs will have the responsibility of informing the Court once the state court actions are completed. In light of the instant ruling staying the parts of the Complaint which have survived the motions to dismiss, the Court concludes that all proceedin gs must be stayed including the motions for preliminary injunction and for class certification. (Doc. Nos. 52 and 53 ). Rather than have these motions remain pending, they are denied without prejudice to renewal. At such time as the Court lifts the stay, plaintiffs may renew either or both motions and request a briefing schedule. Judge Sara Lioi on 11/28/2011. (P,J)
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Filing
97
Memorandum Opinion and Order: Defendants' Joint Motion to Strike the Amended Complaint is GRANTED. Amended Complaint (Doc. No. 94 , correcting Doc. No. 90 ) is stricken. Although the deadline for responding to the motions to dismiss ha s passed and the Court would be well within its discretion to consider the motions unopposed, the Court will allow time for a response. Plaintiffs shall have until October 21, 2011 to respond to the pending Motions to Dismiss and Defendants shall the n have until November 4, 2011 to file replies. Should plaintiffs decide to file anything other than a response to the Motions to Dismiss, such filing shall be stricken and the Court will decide the Motions to Dismiss as if they were unopposed. All filings by any party except those relating to the briefing on the Motions to Dismiss shall be suspended absent prior leave of Court. Judge Sara Lioi on 10/7/2011. (P,G)
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Filing
84
Memorandum Opinion and Order: Defendants' motion to strike (Doc. No. 51 ) is granted, and Plaintiffs' First Amended Complaint and all exhibits attached thereto (Doc. No. 45 , 46 , 47 , 48 ) are hereby stricken. If Plaintiffs sti ll wish to amend their complaint in the manner originally requested and represented, they may file forthwith an amended complaint that comports with the representations made to Judge Dowd in the motion to amend and in the attached draft complaint; th at is, Plaintiffs may file the amended complaint that was attached to their motion. See Doc. [29-1]. If that amended complaint is not filed within seven (7) days of the date of this Order, the case shall proceed on the basis of the complaint originally filed in this matter. Judge Sara Lioi on 8/23/2011. (P,J)
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