Kropp v. City of Newton Falls et al
| Brian Albert Kropp |
| City of Newton Falls and David Yost |
| 4:2022cv01901 |
| October 21, 2022 |
| US District Court for the Northern District of Ohio |
| Sara Lioi |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 Case Management Conference Scheduling Order with case management conference to be held on 1/26/2023 at 02:30 PM to be held telephonically before Judge Sara Lioi. Judge Sara Lioi on 12/9/22. (Attachments: #1 - Parties' Planning Report)(P,R) |
| Filing 23 Answer to #1 Complaint with Jury Demand filed by City of Newton Falls. (Smearman, R.) |
Order [non-document] that defendant City of Newton Falls shall move or otherwise plead in response to the complaint by 12/9/2022. Judge Sara Lioi on 12/1/2022. (D,S)
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| Notice: The Telephonic Status Conference set for 12/7/2022 before Magistrate Judge Amanda M. Knapp is canceled. (S,S) |
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Order [non-document]. In light of the agreed resolution of Plaintiff's Motion for Temporary Restraining Order (ECF Docs. #2 , #15 ) and Plaintiff's Notice of Withdrawal of the Motion for Preliminary Injunction (ECF Docs. 2, #22 ), the referral of the two motions to the undersigned for a report and recommendation (ECF Docs. #6 , #16 ) is terminated. Magistrate Judge Amanda M. Knapp on 12/1/2022. (S,S)
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| Filing 22 Notice of Withdrawal of Motion for Preliminary Injunction filed by Brian Albert Kropp. Related document(s) #2 .(Miller-Novak, Matthew) |
| Filing 21 Joint Status Report filed by Brian Albert Kropp. Related document(s) #20 .(Miller-Novak, Matthew) |
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Filing 20
Minute Order of Telephone Conference held on 11/16/2022. Pending #2 Motion for Preliminary Injunction discussed. Parties to meet and confer further regarding the Motion for Preliminary Injunction and file a joint status report no later than Wednesday, November 30, 2022, setting forth the status of those discussions. The report shall be no longer than two pages and shall be signed by counsel for both parties. A telephonic status conference is set for 10:00 a.m. on Wednesday, December 7, 2022. Counsel are directed to use the same call-in information previously emailed on October 26, 2022. Signed by Magistrate Judge Amanda M. Knapp on 11/16/2022. (Time: 10 min.) (S,S)
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| Filing 19 Joint Status Report filed by City of Newton Falls. (Smearman, R.) |
| Filing 18 Waiver of Service Returned Executed by Brian Albert Kropp. City of Newton Falls waiver sent on 11/7/2022, answer due 1/6/2023 filed on behalf of Brian Albert Kropp (Miller-Novak, Matthew) |
| Filing 17 Minutes of Proceeding and Order of Telephone Conference held on 10/28/2022. The parties have reached an agreed resolution as to the TRO, as set forth in their joint status report. (ECF Doc. #15 .) With respect to the Preliminary Injunction, the parties have agreed to a brief delay of further case activity while Defendant makes further inquiries regarding the matters in dispute. The undersigned directs the parties to meet and confer regarding the progress of Defendant's inquiry, any potential for agreed resolution, any need for limited discovery, and any briefing schedule for the Motion for Preliminary Injunction, and to file a joint status report on or before Thursday, November 10, 2022 addressing these matters. A telephonic status conference is set for 1:30 p.m. on Wednesday, November 16, 2022. Counsel are directed to use the same call-in information previously emailed on October 26, 2022. Time: 10 minutes. Magistrate Judge Amanda M. Knapp on 10/312022. (P,G) |
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Filing 16
Order expanding previous referral of #2 plaintiff's motion for temporary restraining order (which the parties have now resolved) to include plaintiff's motion for preliminary injunction; in light of recent developments, the original referral to Magistrate Judge Amanda M. Knapp is expanded to include a report and recommendation with respect to plaintiff's request for a preliminary injunction. The Magistrate Judge is authorized to set the necessary briefing schedule and is further authorized to permit (and schedule) whatever limited discovery, if any, may be necessary with respect to the motion for preliminary injunction, to supervise any such limited discovery, and to resolve any discovery disputes that may arise in that respect. Judge Sara Lioi on 10/28/2022. (D,S)
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| Filing 15 Joint Status Report filed by City of Newton Falls. (Smearman, R.) |
| Filing 14 Minutes of Proceeding and Order of Telephone Conference held on 10/26/2022. The Court directs the parties to meet and confer regarding a potential agreed resolution as to the emergency injunctive relief sought in the Temporary Restraining Order without further court intervention. The parties shall file a joint status report no later than 12:00 p.m. on Friday, October 28, 2022, which shall set forth the status of discussions and indicate whether the parties have reached an agreed resolution as to the Temporary Restraining Order. A telephonic status conference is set for 12:15 p.m. on Friday, October 28, 2022. If the parties advise the court in the joint status report that they have reached an agreed resolution as to the Temporary Restraining Order, the conference will be cancelled by Court. Counsel are directed to use the same call-in information previously emailed on October 26, 2022. Pending further agreement of the parties or action by this Court, Counsel for Defendant City of Newton Falls (hereinafter the City) has represented and agreed that the City will not initiate criminal charges or proceedings against Plaintiff. (Related document #2 ). Magistrate Judge Amanda M. Knapp on 10/26/2022. (P,G) |
| Filing 13 Opposition to #2 Motion for temporary restraining order filed by City of Newton Falls. (Smearman, R.) |
| Filing 12 Attorney Appearance by R. Eric Smearman and Caitlin M. Thompson filed by on behalf of City of Newton Falls. (Smearman, R.) |
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Order [non-document]: Telephone Status Conference set for 12:15 p.m. on Friday, October 28, 2022 before Magistrate Judge Amanda M. Knapp. Magistrate Judge Amanda M. Knapp on 10/26/2022. (P,G)
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| Filing 11 Notice of Reservation of Rights by the Office of the Ohio Attorney General filed by David Yost. (Jin, Iris) |
| Filing 10 Notice of Dismissal Under FRCP 41(a)(1) filed by Brian Albert Kropp. (Miller-Novak, Matthew) |
| Filing 9 Attorney Appearance of Lead and Trial Co-Counsel on Behalf of Defendant Ohio Attorney General Dave Yost by Iris Jin Lead Trial Counsel filed by on behalf of David Yost. (Jin, Iris) |
| Filing 8 Notice of Proof of Service of Notice of Status Conference Served Upon Defendants filed on behalf of Brian Albert Kropp (Attachments: #1 Affidavit, #2 Exhibit 1 Email, #3 Exhibit 2 Email)(Miller-Novak, Matthew) Modified text on 10/25/2022 (O,K) |
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Filing 7
Order. Plaintiffs Motion for Temporary Restraining Order (Doc. 2) is set for a Telephonic Status Conference before the undersigned at 1:00 p.m. on Wednesday, October 26, 2022. Defendant shall serve and file a memorandum in opposition to the motion on or before 9:00 a.m. on Wednesday, October 26, 2022. Counsel for Plaintiff shall immediately serve a copy of the within Order upon Defendant or its Counsel and file proof of service no later than 3:00 p.m. on Tuesday, October 25, 2022. Instructions for accessing the telephonic status conference will be emailed to counsel in advance of the hearing. Magistrate Judge Amanda M. Knapp. (DE,A)
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Filing 6
Order: This action is hereby referred to Magistrate Judge Amanda M. Knapp, pursuant to 28 U.S.C. Section 636(b)(1)(A), Fed. R. Civ. P. 72(a), and L.R. 72.1, for a report and recommendation on plaintiff's motion for a temporary restraining order. (Doc. No. #2 .) Judge Sara Lioi on 10/24/2022. (O,K)
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| Filing 5 Magistrate Consent Form issued. No summons provided, no summons issued. (D,Ju) |
| Filing 4 Initial Standing Order. Judge Sara Lioi on 10/21/2022. (Attachments: #1 Appendix A-Witness List, #2 Appendix B-Exhibit List) (D,Ju) |
| Filing 3 Supplement to Complaint - Complete Civil Cover Sheet, filed by Brian Albert Kropp. Related document(s) #1 . (Miller-Novak, Matthew) |
| Filing 2 Motion for temporary restraining order and Preliminary Injunction filed by Plaintiff Brian Albert Kropp. (Miller-Novak, Matthew) |
| Filing 1 Verified Complaint for Declaratory Judgment and Injunctive Relief against City of Newton Falls, David Yost. Filing fee paid $ 402, Receipt number AOHNDC-11675506. Filed by Brian Albert Kropp. (Attachments: #1 Civil Cover Sheet) (Miller-Novak, Matthew) |
| Judge Sara Lioi assigned to case. (D,Ju) |
| 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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