Two Bridges, LLC v. City of Youngstown
| Two Bridges, LLC |
| City of Youngstown |
| 4:2020cv02759 |
| December 14, 2020 |
| US District Court for the Northern District of Ohio |
| Kathleen B Burke |
| Benita Y Pearson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
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| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Final Pretrial Conference held on 5/11/2022. Present were Attorney Charles E. Dunlap as counsel for Plaintiff and Attorney Jared Wagner as counsel for Defendant. Also present were R.S. Eiselstein and Chris Prater as representatives for Plaintiff; and James Vivo as representative for Defendant. The Court and parties discussed the status of the case, the possibility of settlement, and Defendant's anticipated interlocutory appeal and motion to stay. Upon receipt of Defendant's anticipated unopposed filings, the Court will vacate the trial date. The Court would appreciate the parties periodically updating the Court regarding the status of the case. (Court Reporter: None); Time: 30 Minutes. (JLG) |
Filing 35
Order For the reasons set forth herein, the Court denies both of Plaintiff's motions to strike, denies the motion to stay as moot, grants partial summary judgment in favor of Defendant as to Count I, and partial summary judgment in favor of Plaintiff as to Defendant's Statutory Immunity Defense. Plaintiff's federal constitutional claim, Count II, remains and will proceed to trial. Judge Benita Y. Pearson on 5/10/2022. Related document(s) #25 , #26 , #29 , #31 , #32 . (JLG)
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Order [non-document] The Final Pretrial Conference set for 5/11/2022 at 10:00 a.m. shall go forward as scheduled before Judge Benita Y. Pearson in Chambers 313, Thomas D. Lambros United States Court House, 125 Market Street, Youngstown, Ohio. Case remains set for Trial on 6/6/2022 at 9:00 a.m., on a stand-by basis, for a period of 2 weeks. Judge Benita Y. Pearson on 5/10/2022. Related document(s) #23 . (JLG)
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| Filing 34 Opposition to Plaintiff's #25 Motion for Summary Judgment filed by City of Youngstown. (Wagner, Jared) |
| Filing 33 Opposition to Defendant's #26 Motion for Summary Judgment filed by All Plaintiffs. (Dunlap, Charles) |
| Filing 32 Motion to strike (affidavit of Finley) filed by Plaintiff Two Bridges, LLC. Related document(s) #27 . (Dunlap, Charles) |
| Filing 31 Motion to strike (photographs) filed by Plaintiff Two Bridges, LLC. Related document(s) #28 . (Dunlap, Charles) |
| Filing 30 Reply to Defendant's #29 Motion to Stay Pending a Determination of its Motion for Summary Judgment filed by All Plaintiffs. (Dunlap, Charles) . |
| Filing 29 Motion to Stay Pending the Determination of its Motion for Summary Judgment filed by Defendant City of Youngstown. (Wagner, Jared) |
| Filing 28 Affidavit of City of Youngstown Blight Remediation and Code Enforcement Superintendent Michael Durkin filed by City of Youngstown. (Attachments: #1 Exhibit Photographs of Building, #2 Exhibit Demolition Invoice of Steel Valley Contractors)(Wagner, Jared) |
| Filing 27 Affidavit of City of Youngstown Fire Chief Barry Finley filed by City of Youngstown. (Attachments: #1 Exhibit Emergency Demo Order)(Wagner, Jared) |
| Filing 26 Motion for summary judgment filed by Defendant City of Youngstown. (Wagner, Jared) |
| Filing 25 Motion for summary judgment filed by Plaintiff Two Bridges, LLC. (Attachments: #1 Exhibit 1 - Deposition of Barry F. Finley, #2 Exhibit 2 - Deposition of Ronald Eiselstein)(Dunlap, Charles) |
| Filing 24 Notice of compliance filed by All Plaintiffs. (Dunlap, Charles) |
| Filing 23 Civil Trial Order A Final Pretrial Conference is set for 5/11/2022 at 10:00 a.m. and Trial of this matter shall begin on 6/6/2022 at 9:00 a.m., on a stand-by basis, for a period of 2 weeks. Counsel should appear at least 30 minutes before trial time. Failure of counsel to comply in good faith with the procedures set forth herein may result in the imposition of sanctions. Judge Benita Y. Pearson on 9/29/2021. (JLG) |
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Filing 22
Order granting in part and denying in part #21 Motion to Extend Deadlines. There will be no extension of the mediation deadline as the parties have informed the Chambers of Magistrate Judge Carmen E. Henderson that mediation would not be fruitful at this time. The Order of Reference dated 9/3/2021 (ECF No. #18 ) is hereby vacated and set aside. Any further mediation attempts must be done with a private mediator. The cut-off date for fact discovery has long expired and will not be extended. The schedule will be extended only with respect to expert discovery and dispositive motion practice. The party with the burden of proof to identify experts has until 10/15/2021. The cut-off date for rebuttal experts and reports is 11/5/2021. The cut-off date for expert discovery is 12/6/2021. The cut-off date for dispositive motions is 12/20/2021. Judge Benita Y. Pearson on 09/27/2021.(D,Ju)
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| IMPORTANT: Notice [non-document] The parties informed chambers that at this time they do no believe the mediation would be fruitful. Therefore, the mediation conference set for 9/27/2021 at 10:00 AM is canceled. (W,K) |
| Filing 21 Joint Motion for extension of deadlines filed by Defendant City of Youngstown. (Wagner, Jared) |
| Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. Pre-Mediation Telephone Conferences held on 09/22/2021. Parties to update the Court by noon on 09/24/2021 about whether they intend to proceed with Mondays mediation. Time: 29 minutes. (W,K) |
| Filing 20 Motion to continue Telephone conference filed by Plaintiff Two Bridges, LLC. Related document(s) #19 . (Dunlap, Charles) |
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Order [non-document] granting plaintiff's #20 Motion to continue telephone conference. Telephone Conference with Plaintiffs' Counsel reset for 9/22/2021 at 11:00 AM before Magistrate Judge Carmen E. Henderson. Telephone Conference with Defense Counsel is reset for 9/22/2021 at 11:30 AM before Magistrate Judge Carmen E. Henderson. The court will host the conference calls and inform counsel by way of separate email of the telephone number for the call. Magistrate Judge Carmen E. Henderson on 9/9/2021. (W,K)
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Filing 19
Order setting mediation conference for 9/27/2021 at 10:00 AM before Magistrate Judge Carmen E. Henderson. Consistent with General Order No. 2020-08, the mediation conference will take place via video conference. Counsel for all parties will receive instructions from the Chambers of Magistrate Judge Henderson via email for connecting to the video conference. Counsel shall provide these instructions to their parties/party representatives so that all required participants are connected to the conference. 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. Additionally, a Telephone Conference with Plaintiffs' Counsel set for 9/22/2021 at 10:00 AM before Magistrate Judge Carmen E. Henderson. A Telephone Conference with Defense Counsel is set for 9/22/2021 at 11:00 AM before Magistrate Judge Carmen E. Henderson. The court will host the conference calls and inform counsel by way of separate email of the telephone number for the call. Approved by Magistrate Judge Carmen E. Henderson on 9/7/2021. (W,K)
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| Filing 18 VACATED - See 9/27/2021 Order, ECF No. #22 . Order referring case to Magistrate Judge Carmen E. Henderson for Mediation. The Mediation shall be completed on the earliest reasonable date, and ideally by September 27, 2021, if possible. Judge Benita Y. Pearson on 9/3/2021. (H,SP) Modified to denote as vacated on 9/29/2021 (JLG). |
| Pursuant to General Order 2021-13, the consent to Magistrate Judge Kathleen B. Burke has been withdrawn. This case has been returned to previously assigned District Judge Benita Y. Pearson and has been randomly reassigned to Magistrate Judge Carmen E. Henderson. If the parties wish to consent to the jurisdiction of the magistrate judge, pursuant to 28 U.S.C. Section 636(c), they should complete and electronically file with the Clerk of Court a Consent to Exercise Jurisdiction by a United States Magistrate Judge form. (S,He) |
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Order [non-document]: Defendant's Unopposed Motion for a 60-day extension of time to Identify Rebuttal Experts and Reports (Doc. #16 ) is granted in part; the Court grants Defendant a 30-day extension, until August 25, 2021, to identify rebuttal experts and reports. The telephone call currently set for August 13, 2021, is canceled. Magistrate Judge Kathleen B. Burke on 7/27/2021. (P,G)
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| Filing 17 Proposed Order Granting Extension of Time to Identify Rebuttal Experts and Reports filed by Defendant City of Youngstown. Related document(s) #16 . (Wagner, Jared) Modified text on 7/27/2021 (P,G). |
| Filing 16 Unopposed Motion for extension of 60 days to Identify Rebuttal Experts and Report until September 24, 2021 filed by Defendant City of Youngstown. (Wagner, Jared) |
| Filing 15 Minute Order of Telephone Conference held on 7/1/2021. The Court set a telephone conference for August 13, 2021, at 10:00 a.m., to discuss the status of the case and what progress the parties have made towards resolution after exchanging expert reports. The Court's bridge line instructions previously provided to counsel will be used for the call. Time: 13 minutes. Magistrate Judge Kathleen B. Burke on 7/1/2021. (P,G) |
| IMPORTANT: Notice [non-document] the telephone conference currently set for 6/30/2021 is hereby RESET and will be held on 7/1/2021 at 10:00 AM. (W,Su) |
| Filing 14 Notice to take Deposition of Ron Eiselstein on June 21, 2021 filed by City of Youngstown. (Wagner, Jared) |
| Filing 13 Minute Order of Telephone Conference held on 6/1/2021. After discussion, the Court set a telephone conference for June 30, 2021, at 10:00 a.m., to discuss the status of the case and whether the parties are interested in mediation. The Court's bridge line instructions previously provided to counsel will be used for the call. Time: 10 minutes. Magistrate Judge Kathleen B. Burke on 6/2/2021. (P,G) |
| IMPORTANT: Notice [non-document] that Telephone Conference with counsel only is reset for 6/1/2021 at 3:00 PM before Magistrate Judge Kathleen B. Burke. Related document(s) #12 . (P,G) |
| Filing 12 Case Management Conference Plan/Order. Case is assigned to the standard track. Deadline to Add Parties or Amend Pleadings: 2/25/2021; Fact Discovery due by 5/25/2021. Deadline for party with burden of proof to identify experts and reports: 6/24/2021; Deadline to identify rebuttal experts & reports: 7/26/2021; Deadline for expert discovery: 8/26/2021; Deadline to file Dispositive Motions 9/27/2021; Deadline to file oppositions to motions: 30 days later; Deadline to file replies to motions: 14 days later. Telephone Conference set for 5/28/2021 at 3:00 pm. Final Pretrial Conference and Jury Trial to be determined. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Magistrate Judge Kathleen B. Burke on 1/26/2021. (P,G) |
| Filing 11 Minute Order of Telephone Conference held on 1/26/2021. The Court set case management dates. A Case Management Scheduling Plan Order will issue separately. Time: 17 minutes. Magistrate Judge Kathleen B. Burke on 1/26/2021. (P,G) |
| Filing 10 Report of Parties' Planning Meeting - parties consent to this case being assigned to the magistrate judge, filed by City of Youngstown. (Wagner, Jared) |
| Filing 9 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Two Bridges, LLC. (Dunlap, Charles) |
| Filing 8 Case Management Conference Scheduling Order with case management conference to be held on 1/26/2021 at 10:00 AM to be held telephonically before Magistrate Judge Kathleen B. Burke. The Court's bridge line will be used for the CMC. The Court will send the bridge line instructions to counsel of record via email. Magistrate Judge Kathleen B. Burke on 12/31/20. (Attachments: #1 Report of Attachment 1 -Parties Planning Meeting, #2 Attachment 2 - Appendix K)(S,HR) |
| Filing 7 Notice of filing request for production of documents and interrogatories upon the defendant filed by Two Bridges, LLC. (Dunlap, Charles) |
| Filing 6 Reply to counterclaim filed by Two Bridges, LLC. (Dunlap, Charles) |
| Filing 5 Consent of the parties to this case being transferred to the docket of Magistrate Judge Kathleen B. Burke for further proceedings. Related Document #4 . Judge Benita Y. Pearson on 12/29/2020. (S,Ke) |
| Magistrate Judge Kathleen B. Burke assigned to case, pursuant to consent. Judge Benita Y. Pearson terminated. Related document(s) #5 . (S,Ke) |
| Filing 4 Consent to Exercise of Jurisdiction by a United States Magistrate Judge filed by All Defendants. Related document(s) #2 .(Wagner, Jared) |
| Filing 3 Answer to Complaint with Jury Demand and Counterclaim (Related Doc #1 ) filed by City of Youngstown. (Attachments: #1 Exhibit Emergency Demo Order, #2 Exhibit Invoice for Demolition)(Wagner, Jared) |
| Filing 2 Magistrate Consent Form issued. (S,He) |
| Filing 1 Notice of Removal from Mahoning County Common Pleas Court, case number 2020 CV 1867. Filing fee paid $ 402, receipt number AOHNDC-10494615. Filed by City of Youngstown. (Attachments: #1 Exhibit A - Civil Cover Sheet, #2 Exhibit B - Complaint) (Wagner, Jared) Modified docket text on 12/14/2020 (R,Li); 12/14/2020 (S,He). |
| Judge Benita Y. Pearson assigned to case. (S,He) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (S,He) |
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| Plaintiff: Two Bridges, LLC | |
| Represented By: | Charles E. Dunlap |
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| Defendant: City of Youngstown | |
| Represented By: | James S. Vivo, Jr. |
| Represented By: | Jared A. Wagner |
| Represented By: | Jane M. Lynch |
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