Wesley v. City of Youngstown et al
| Lynette Wesley |
| City of Youngstown, Chad Zubal, Malik Mostella, American Medical Response and John and/or Jane Doe(s) |
| 4:2022cv00201 |
| February 4, 2022 |
| US District Court for the Northern District of Ohio |
| Sara Lioi |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Both |
Docket Report
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| Filing 22 Judgment Entry. For the reasons set forth in the contemporaneously filed Memorandum Opinion, this case is dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b). The Clerk is directed to close the case. Judge Sara Lioi on 1/30/2023. (V,A) |
| Filing 21 Memorandum Opinion. For the reasons set forth herein, defendants' unopposed motions to dismiss under Fed. R. Civ. P. 41(b) for failure to prosecute are granted and this case is dismissed without prejudice. (Related Doc #19 and #20 ). Judge Sara Lioi on 1/30/2023. (V,A) |
| Copy of #21 Memorandum Opinion and #22 Judgment Entry mailed to Lynette Wesley at 2606 Hunter Avenue Youngstown, OH 44502 on 1/30/2023. (V,A) |
| Filing 20 Motion to dismiss for lack of prosecution filed by City of Youngstown, Malik Mostella, Chad Zubal. Related document(s) #19 . (Jaber, Edmond) |
| Filing 19 Motion to dismiss due to Plaintiff's failure to prosecute filed by Defendant American Medical Response. (Attachments: #1 Exhibit 1 Copy of Docket for Estate, #2 Exhibit 2 Surviving Spouse, Children, Next of Kin, Legatees and Devisees Form, #3 Exhibit 3 Waiver of Right to Administer, #4 Exhibit 4 Notice of Hearing on Inventory, #5 Exhibit 5 Certificate of Service of Account to Heirs or Beneficiaries, #6 Exhibit 6 Motion to Withdraw as Counsel for Fiduciary, #7 Exhibit 7 Order Granting Motion to Withdraw, #8 Jordan v City of Toledo, #9 E/O Bessette v Wilmington Trust)(Switzer, Donald) |
| Minutes of proceedings [non-document]: On 10/28/2022, a telephone conference was conducted by Judge Sara Lioi. Lynette Wesley, the named administrator of the Estate of Brandon DeShawn Wesley, participated on behalf of the plaintiff-estate, which is not currently represented by counsel; Attorneys James Climer and Edmond Jaber participated on behalf of defendants City of Youngstown, Chad Zubal, and Malik Mostella; Attorneys David Switzer and David Comstock, Jr. participated on behalf of defendant American Medical Response. Ms. Wesley advised the Court that she is intending to obtain new counsel to make an appearance before the 12/13/2022 deadline; the Court requested that new counsel, if any, make a prompt appearance (even before 12/13/2022) so as to avoid further delay in the case. The Court also emphasized to Ms. Wesley that, under the law, it is highly unlikely that she can represent the Estate pro se. Therefore, should new counsel not make a timely appearance, the Court will very likely issue an order for plaintiff to show cause why the case should not be dismissed. Ms. Wesley indicated her understanding of these matters. The clerk is directed to add Ms. Wesley's contact information to the docket and to mail her a copy of this minute entry. (Court Reporter: none.) Time: 20 minutes. (E,CK) |
| Copy of 10/28/2022 Minute NEF mailed to Lynette Wesley at 2606 Hunter Avenue, Youngstown, OH 44502 on 11/1/2022. (E,CK) |
| Filing 18 Report of Parties' Planning Meeting - filed by American Medical Response. (Switzer, Donald) Modified filers on 11/1/2022 (O,K). |
| Filing 17 Notice of Compliance with Court Order dated October 17, 2022 filed by Lynette Wesley. (Attachments: #1 Exhibit Correspondence to Plaintiff)Related document(s) #16 .(Sansone, Joel) |
Filing 16
Order granting plaintiff's Motion to withdraw as attorney. It is hereby ORDERED that the Law Offices of Joel Sansone, Joel S. Sansone and Massimo A. Terzigni are hereby permitted to withdraw as counsel for Plaintiff. It is further ORDERED that Plaintiff shall have until the 13th day of December, 2022, to obtain substitute counsel. The Court will proceed as planned with the scheduled Case Management Conference by telephone on 10/28/2022 at 12:00 noon. Plaintiff shall participate pro se if she has not yet obtained new counsel by that date; if she has new counsel, such counsel will be expected to participate. Failure to so participate may result in sanctions, up to and including dismissal of the action. Plaintiff's now former counsel shall forthwith supply the Court with all of Plaintiff's contact information, provide Plaintiff with a copy of this Order, and certify that fact in writing. Judge Sara Lioi on 10/17/2022. (O,K)
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| Filing 15 Motion by Joel Sansone, Massimo Terzigni, Law Offices of Joel Sansone to withdraw as attorney filed by Plaintiff Lynette Wesley. (Attachments: #1 Proposed Order)(Sansone, Joel) |
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Minute Order [non-document]: The telephonic Case Management Conference was convened on 9/27/2022 by Judge Sara Lioi. Attorney Joel Sansone participated on behalf of plaintiff (along with Attorney Elizabeth Tuttle standing in for Attorney Massimo Terzigni, who had a medical emergency). Attorney James Climer participated on behalf of the City of Youngstown defendants; Attorneys Donald Switzer and David Comstock participated on behalf of the American Medical Response defendants. Plaintiff's counsel advised the Court that a representation problem has arisen that needs to be addressed forthwith. Accordingly, by 10/18/2022, plaintiff's counsel shall file either a motion to dismiss, a motion to withdraw (if necessary, complying with Local Rule 83.9), or another appropriate motion and shall seek whatever form of specific relief counsel believes may be appropriate under the circumstances; if appropriate at that time, counsel shall supply the Court with the mailing address, telephone number, and email address of plaintiff. The Court hereby continues the telephonic Case Management Conference until 10/28/2022 at 12:00 noon; Attorney Climer, who may be in trial at that time/date, may designate another attorney to substitute for him at the continued CMC, if necessary. The dial-in instructions will be the same as originally sent by email for the 9/27/2022 CMC. Plaintiff's counsel shall communicate to his client (and certify such communication in writing to the Court), the time and date of the telephonic CMC, along with the full dial-in instructions, making certain that, should plaintiff be unrepresented on 10/28/2022, she understands that she will be expected to personally participate in the conference and that a failure to do so may result in sanctions, up to and including dismissal of the case. If the case remains pending, the parties shall submit an updated Report of Parties' Planning Meeting by 10/25/2022. Additionally, there was a brief discussion of the need to research whether the plaintiff may proceed pro se if her attorneys are permitted to withdraw. (Court reporter: None) (Time: 35 minutes) (D,S)
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| Filing 14 Report of Parties' Planning Meeting Under Fed R Civ P 26(f) and LR 16.3(b)(3) - parties do not consent to this case being assigned to the magistrate judge, filed by American Medical Response. (Switzer, Donald) Modified filers on 11/1/2022 (O,K). |
| Filing 13 Notice of Service of First Set of Interrogatories and Requests for Production of Documents filed by City of Youngstown, Malik Mostella, Chad Zubal. (Jaber, Edmond) |
| Filing 12 Case Management Conference Scheduling Order: Telephone case management conference, with counsel only, to be held on 9/27/2022 at 11:30 a.m. before Judge Sara Lioi. Directions for joining the call will be emailed to counsel of record no later than the day before the CMC. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 9/6/2022. All other parties must serve on opposing parties the initial disclosures by 9/13/2022. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 7/29/2022. (Attachments: #1 Report of Parties' Planning Meeting) (E,CK) |
| Filing 11 Answer to #1 Complaint, with Jury Demand filed by American Medical Response. (Switzer, Donald) |
| Filing 10 Answer to #1 Complaint, with Jury Demand filed by City of Youngstown, Malik Mostella, Chad Zubal. (Climer, James) |
| Filing 9 Waiver of Service by American Medical Response. American Medical Response waiver - no date on form, filed on behalf of American Medical Response (Switzer, Donald) Modified text no date contained on form and unsigned on 6/23/2022 (O,K). |
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Order [non-document]: For good cause shown, the unopposed motion of defendants City of Youngstown, Chad Zubal, and Malik Mostella to establish answer date is granted (Doc. No. #8 ); these defendants shall move or otherwise plead by 7/15/2022. Judge Sara Lioi on 5/26/2022. (O,K)
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| Filing 8 Motion to Establish Answer Date filed by City of Youngstown, Malik Mostella, Chad Zubal. (Climer, James) |
| Filing 7 Attorney Appearance by Donald H. Switzer, Christopher F. Mars and David C. Comstock filed on behalf of American Medical Response. Related document(s) #1 .(Switzer, Donald) |
| Filing 6 Attorney Appearance of James A. Climer and Edmond Z. Jaber by James A. Climer filed on behalf of City of Youngstown. (Climer, James) |
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Filing 5
Order granting #4 Motion for Extension of Time to Serve #1 Complaint; plaintiff shall serve the summons and complaint on each defendant by 7/5/2022. Judge Sara Lioi on 5/5/2022. (D,S)
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| Filing 4 Motion for extension of time of sixty (60) days to serve complaint filed by Plaintiff Lynette Wesley. (Attachments: #1 Proposed Order)(Terzigni, Massimo) |
| Filing 3 Magistrate Consent Form issued. No summons provided or issued. (G,M) |
| Filing 2 Initial Standing Order. Judge Sara Lioi on 2/7/2022. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (G,M) |
| Judge Sara Lioi assigned to case. (G,M) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (G,M) |
| Filing 1 Complaint with jury demand against American Medical Response, City of Youngstown, John and/or Jane Doe(s), Malik Mostella, Chad Zubal. Filing fee paid $ 402, Receipt number AOHNDC-11256771.. Filed by Lynette Wesley. (Attachments: #1 Civil Cover Sheet) (Terzigni, Massimo) |
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