Estate of Alfonso C. Askew v. Trumbull County et al
Plaintiff: Estate of Alfonso C. Askew
Defendant: Trumbull County, Dr. Phillip Malvasi D.O. LLC, D.O. Phillip Malvasi, Taylor Simmons, Bree Bright, Jess Johnson, Carla Ahart, Nurse and/or Medical Assistant JB, Doug Machingo and Jennifer Bass
Case Number: 4:2021cv02133
Filed: November 9, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: Benita Y Pearson
Referring Judge: David A Ruiz
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2023 Opinion or Order Order [non-document] granting Plaintiff and Defendant J.B.'s unopposed Motion to Amend Complaint and Answer by Interlineation Instanter. (Related Doc #32 ). All references to "J.B." and "Jennifer Bass" in the Complaint #1 and Answer #14 are amended to state "Jennifer Bach." Judge David A. Ruiz on 2/9/2023. (H,Z)
February 8, 2023 Filing 33 Minutes of proceedings before Judge David A. Ruiz. Status Conference held on 2/8/2023 (Court Reporter: n/a.) Time: 25 minutes. (H,Z)
February 8, 2023 Opinion or Order Order [non-document] granting the parties' #31 Joint Motion to Extend Deadlines. Fact discovery due by 5/15/2023; expert disclosures/reports due by 6/16/2023; rebuttal expert disclosures/reports due by 7/30/2023; close of expert discovery is 9/1/2023; dispositive motions due by 9/22/2023. Judge David A. Ruiz on 2/8/2023. (H,Z)
February 7, 2023 Filing 32 Joint Motion to amend complaint and answer by interlineation instanter with name of Defendant J.B. with memorandum filed by Plaintiff Estate of Alfonso C. Askew. (Greene, Jacqueline)
February 6, 2023 Filing 31 Joint Motion for extension of discovery deadlines filed by Plaintiff Estate of Alfonso C. Askew. Related document(s) #24 . (Greene, Jacqueline)
January 30, 2023 IMPORTANT: Notice [non-document] of Telephone Status Conference set for 2/1/2023 at 10:00 AM is reset for 2/8/2023 at 11:00 AM before Judge David A. Ruiz. Conferencing instructions emailed to counsel. (G,CA)
October 20, 2022 Filing 30 Notice of Service of Answers and Responses to Plaintiffs First Set of Interrogatories and Request for Production of Documents filed by Doug Machingo, Trumbull County. (Jaber, Edmond)
September 7, 2022 Filing 29 Amended Notice of Service of to Include Request for Admissions to Plaintiff filed by Doug Machingo, Trumbull County. (Jaber, Edmond)
September 7, 2022 Filing 28 Notice of Service of First Set of Interrogatories and Requests for Production of Documents to Plaintiff filed by Doug Machingo, Trumbull County. (Jaber, Edmond)
August 25, 2022 Filing 27 Address Change Notice by Jacqueline Greene filed by on behalf of Estate of Alfonso C. Askew. (Greene, Jacqueline)
July 19, 2022 Filing 26 Notice of Service of Initial Disclosures filed by All Defendants. (Longbrake, W.)
June 22, 2022 Filing 25 Attorney Appearance by Elizabeth M. Bonham filed by on behalf of Estate of Alfonso C. Askew. (Bonham, Elizabeth)
June 17, 2022 Opinion or Order Order [non-document] granting Plaintiff's #21 Unopposed Motion to substitute Estate of Alfonso C. Askew, by Nicholas D. Laudato, Special Administrator, with Estate of Alfonso C. Askew, by Stacey Askew, Administrator. Judge David A. Ruiz on 6/17/2022. (G,CA)
June 16, 2022 Opinion or Order Filing 24 Case Management Conference Plan/Order. Case is assigned to the standard track. Telephone Status Conference set for 2/1/2023 at 10:00 AM. Fact Discovery due by 3/15/2023. Expert Reports due by 4/17/2023. Rebuttal Expert Reports due by 6/2/2023. All Discovery due by 7/17/2023. Parties to be Joined and Pleading Amendments due by 8/19/2022. Dispositive Motions due by 8/1/2023. Judge David A. Ruiz on 6/16/2022. (H,Z)
June 16, 2022 Filing 23 Minutes of proceedings before Judge David A. Ruiz. Case Management Conference held on 6/15/2022. (Court Reporter: n/a.) Time: 50 minutes. (H,Z)
June 3, 2022 Filing 22 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Estate of Alfonso C. Askew. (Greene, Jacqueline)
June 3, 2022 Filing 21 Unopposed Motion to substitute Estate of Alfonso C. Askew, by Nicholas D. Laudato, Special Administrator, with Estate of Alfonso C. Askew, by Stacey Askew, Administrator filed by Plaintiff Estate of Alfonso C. Askew. (Attachments: #1 Exhibit 1 - Entry Appointing Fiduciary)(Greene, Jacqueline)
June 1, 2022 Filing 20 Notice of Service of Initial Disclosures filed by Doug Machingo, Trumbull County. (Jaber, Edmond)
June 1, 2022 Filing 19 Attorney Appearance of Additional Counsel by Edmond Z. Jaber filed by on behalf of Doug Machingo, Trumbull County. (Jaber, Edmond)
May 23, 2022 Filing 18 Case Management Conference Scheduling Order with case management conference to be held on 6/15/2022 at 01:30 PM by telephone before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Lead counsel and parties must participate unless excused by the Court upon written motion. IMPORTANT: The parties are advised to carefully read this Order. Judge David A. Ruiz on 5/23/2022. (Attachments: #1 Report of the Parties Planning Meeting) (G,CA)
March 21, 2022 Filing 17 Answer to #1 Complaint, with Jury Demand filed by Doug Machingo, Trumbull County. (McLandrich, John)
March 14, 2022 Filing 16 Joint Status Report filed by Estate of Alfonso C. Askew. Related document(s) #15 .(Greene, Jacqueline)
February 28, 2022 Opinion or Order Filing 15 Order: All prior orders issued in this action, including (but not limited to) Initial Orders and Case Management Orders, shall remain in effect unless such order(s) were superseded by subsequent court order(s). Parties are ordered to confer and file a brief Joint Status Report within 14 days of this Order. IMPORTANT: Parties are advised to carefully read this Order for additional information and requirements. Judge David A. Ruiz on 2/28/2022. (H,SN)
February 22, 2022 Case reassigned to District Judge David A. Ruiz pursuant to General Order 2022-03. (K,AR)
January 26, 2022 Filing 14 Answer to #1 Complaint, with Jury Demand filed by Carla Ahart, Bree Bright, Dr. Phillip Malvasi D.O. LLC, Jess Johnson, Phillip Malvasi, Jennifer Bass, Taylor Simmons. (Latchney, John) Modified on 1/27/2022 (D,Th).
January 20, 2022 Filing 13 Return of Service by Clerk by certified mail executed upon Carla Ahart on 1/5/2022, filed on behalf of Carla Ahart Related document(s) #5 . (I,RA)
January 18, 2022 Filing 12 Waiver of Service Returned Executed by Estate of Alfonso C. Askew. Doug Machingo waiver sent on 1/18/2022, answer due 3/21/2022; Trumbull County waiver sent on 1/18/2022, answer due 3/21/2022 filed on behalf of Estate of Alfonso C. Askew (Greene, Jacqueline)
January 14, 2022 Filing 11 Return of Service by Clerk by certified mail executed upon Phillip Malvasi on 1/5/2022 (Marked C-19), filed on behalf of Estate of Alfonso C. Askew. Related document(s) #5 . (M,KS)
January 14, 2022 Filing 10 Return of Service by Clerk by certified mail executed upon Taylor Simmons on 1/5/2022 (Marked C-19), filed on behalf of Estate of Alfonso C. Askew. Confirmed date of delivery on the USPS Website. Related document(s) #5 . (M,KS)
January 14, 2022 Filing 9 Return of Service by Clerk by certified mail executed upon Jess Johnson on 1/5/2022 (Marked C-19), filed on behalf of Estate of Alfonso C. Askew. Related document(s) #5 . (M,KS)
January 14, 2022 Filing 8 Return of Service by Clerk by certified mail executed upon Nurse and/or Medical Assistant JB on 1/5/2022 (Marked C-19), filed on behalf of Estate of Alfonso C. Askew. Related document(s) #5 . (M,KS)
January 14, 2022 Filing 7 Return of Service by Clerk by certified mail executed upon Bree Bright on 1/5/2022 (Marked C-19), filed on behalf of Estate of Alfonso C. Askew. Related document(s) #5 . (M,KS)
January 11, 2022 Filing 6 Return of Service by Clerk by certified mail executed upon Dr. Phillip Malvasi D.O. LLC on 1/5/2022, marked COVID-19 filed on behalf of All Plaintiffs Related document(s) #5 . (I,RA)
December 21, 2021 Service by Clerk. Summons and Complaint addressed to Taylor Simmons placed in U.S. Mail. Type of service: certified mail. Receipt #7000 1530 0003 8869 3520. (M,KS)
December 21, 2021 Service by Clerk. Summons and Complaint addressed to Phillip Malvasi placed in U.S. Mail. Type of service: certified mail. Receipt #7000 1530 0003 8869 3513. (R,AP)
December 21, 2021 Service by Clerk. Summons and Complaint addressed to Dr. Phillip Malvasi D.O. LLC placed in U.S. Mail. Type of service: certified mail. Receipt #7000 1530 0003 8869 3506. (R,AP)
December 21, 2021 Service by Clerk. Summons and Complaint addressed to Bree Bright placed in U.S. Mail. Type of service: certified mail. Receipt #7000 1530 0003 8869 3537. (M,KS)
December 21, 2021 Service by Clerk. Summons and Complaint addressed to Carla Ahart placed in U.S. Mail. Type of service: certified mail. Receipt #7000 1530 0003 8869 3483. (M,KS)
December 21, 2021 Service by Clerk. Summons and Complaint addressed to Nurse and/or Medical Assistant JB placed in U.S. Mail. Type of service: certified mail. Receipt #7000 1530 0003 8869 3490. (M,KS)
December 21, 2021 Service by Clerk. Summons and Complaint addressed to Jess Johnson placed in U.S. Mail. Type of service: certified mail. Receipt #7000 1530 0003 8869 3476. (M,KS)
December 20, 2021 Filing 5 Original Summons issued to counsel for service upon All Defendants. (D,Ju)
December 17, 2021 Filing 4 Praecipe for issuance of Original Summons filed by Estate of Alfonso C. Askew. (Attachments: #1 Summons )(Greene, Jacqueline)
December 14, 2021 Opinion or Order Filing 3 Order The Complaint (ECF No. #1 ) in this action was filed on 11/9/2021. The file in this case shows no summons has been provided or issued. If Plaintiff's counsel does not receive a returned Waiver of the Service of Summons from Defendants by 12/17/2021, they shall immediately file a Praecipe for Issuance of the original summons. The summons to be issued to Defendants should be uploaded as an attachment to the Praecipe. See LR 4.2, if service of the summons will be made by certified mail. Judge Benita Y. Pearson on 12/14/2021. (JLG)
November 9, 2021 Filing 2 Magistrate Consent Form issued. Summons not provided or issued. (D,Ju)
November 9, 2021 Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11125654.. Filed by Estate of Alfonso C. Askew. (Attachments: #1 Affidavit Affidavit of Merit of Jeffrey E. Keller, #2 Civil Cover Sheet) (Greene, Jacqueline)
November 9, 2021 Judge Benita Y. Pearson assigned to case. (D,Ju)
November 9, 2021 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (D,Ju)

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Search for this case: Estate of Alfonso C. Askew v. Trumbull County et al
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Plaintiff: Estate of Alfonso C. Askew
Represented By: Sarah J. Gelsomino
Represented By: Jacqueline C. Greene
Represented By: Elizabeth M. Bonham
Represented By: Jacqueline Greene
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Defendant: Trumbull County
Represented By: David J. Sipusic
Represented By: Edmond Z. Jaber
Represented By: John T. McLandrich
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Defendant: Dr. Phillip Malvasi D.O. LLC
Represented By: John D. Latchney
Represented By: W. Bradford Longbrake
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Defendant: D.O. Phillip Malvasi
Represented By: John D. Latchney
Represented By: W. Bradford Longbrake
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Defendant: Taylor Simmons
Represented By: John D. Latchney
Represented By: W. Bradford Longbrake
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Defendant: Bree Bright
Represented By: John D. Latchney
Represented By: W. Bradford Longbrake
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Defendant: Jess Johnson
Represented By: John D. Latchney
Represented By: W. Bradford Longbrake
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Defendant: Carla Ahart
Represented By: John D. Latchney
Represented By: W. Bradford Longbrake
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Defendant: Nurse and/or Medical Assistant JB
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Defendant: Doug Machingo
Represented By: David J. Sipusic
Represented By: Edmond Z. Jaber
Represented By: John T. McLandrich
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Defendant: Jennifer Bass
Represented By: John D. Latchney
Represented By: W. Bradford Longbrake
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