Frenchko v. Monroe et al
| Niki Frenchko |
| Paul Monroe, Trumbull County, Trumbull County Board of Commissioners, Trumbull County Sheriff's Department, Sergeant Harold Wix, Sergeant Robert Ross, Mauro Cantalamessa and Frank Fuda |
| Ohio Attorney General Dave Yost |
| 4:2023cv00781 |
| April 17, 2023 |
| US District Court for the Northern District of Ohio |
| J Philip Calabrese |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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Filing 23
Answer to #1 Complaint, with Jury Demand filed by Robert Ross, Harold Wix. (Yosowitz, Andrew)
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Filing 22
Order: The Court STRIKES Defendants' objection (ECF No. #21 ) to Plaintiff's subpoena. Judge J. Philip Calabrese on 5/15/2023. (Y,A)
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Filing 21
STRICKEN per Order dated 5/15/2023. Objection to Plaintiff's Subpoena (Doc. 15) filed by Robert Ross, Harold Wix. Related document(s) #15 . (Attachments: #1 Exhibit Plaintiff's Subpoena) (Yosowitz, Andrew) Modified on 5/15/2023 (Y,A).
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Filing 20
Joint Motion for extension of time until 5/15/23 to make any objections to plaintiff's subpoena on behalf of defendants, filed by Mauro Cantalamessa, Frank Fuda, Paul Monroe, Trumbull County, Trumbull County Board of Commissioners and Trumbull County Sheriff's Department. (Downey, Daniel)
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Order [non-document]: Defendants' motion for an extension to May 15, 2023 to make any objections to Plaintiff's subpoenas is unopposed and granted. Judge J. Philip Calabrese on 5/12/2023.(Y,A)
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Filing 19
Attorney Appearance by Jennifer M. Meyer filed by on behalf of Mauro Cantalamessa, Frank Fuda, Paul Monroe, Trumbull County, Trumbull County Board of Commissioners, Trumbull County Sheriff's Department. (Meyer, Jennifer)
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Filing 18
Joint Motion for extension of Objections to Plaintiff's Subpoena on Behalf of Defendants until 5/15/23 filed by Mauro Cantalamessa, Frank Fuda, Paul Monroe, Trumbull County, Trumbull County Board of Commissioners, Trumbull County Sheriff's Department. (Downey, Daniel)
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Order [non-document]: The Court DENIES WITHOUT PREJUDICE Defendants' motion because it does not indicate Plaintiff's position on the requested extension or even whether Defendants conferred with Plaintiff's counsel to determine whether a motion is necessary. Judge J. Philip Calabrese on 5/11/2023.(Y,A)
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Filing 17
Answer to #1 Complaint, with Jury Demand filed by Mauro Cantalamessa, Frank Fuda, Paul Monroe, Trumbull County, Trumbull County Board of Commissioners, Trumbull County Sheriff's Department. (Downey, Daniel)
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Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Mediation Conference held on 5/10/2023. Plaintiff Niki Frenchko participated with counsel, Matthew E. Miller-Novak and David J. Betras; Defendants Paul Monroe, Mauro Cantalamessa, Frank Fuda and defendant representative Jeff Knapp participated with counsel, Daniel T. Downey and Helen K. Sudhoff; Defendants Sergeant Harold Wix and Sergeant Robert Ross participated with counsel, Matthew S. Teetor. The parties met to discuss the potential resolution of the case by settlement but were not able to reach an agreement. The magistrate judge will leave the mediation referral open for seven days, until May 17, 2023. The court urges the parties to keep their discussions open. Magistrate Judge Thomas M. Parker on 5/10/2023. (Court Reporter: N/A. Time: 4 hours, 50 minutes). (D,JJ)
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Filing 16
Attorney Appearance by Matthew S. Teetor filed by on behalf of Robert Ross, Harold Wix. (Teetor, Matthew)
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Filing 15
Notice of Service of Subpoenas filed by Niki Frenchko. (Miller-Novak, Matthew)
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Minute Order [non-document] of Mediation Conference held on 5/3/2023. Attorneys David Betras and Matthew Miller-Novak present as counsel Plaintiff Niki Frenchko; Attorneys Daniel Downey and Helen Sudhoff present as counsel for Defendants Paul Monroe, Trumbull County, Trumbull County Board of Commissioners, Trumbull County Sheriffs Office, Mauro Cantalamessa and Frank Fuda; and Attorney Andrew Yoswitz present as counsel for Defendants Harold Wix and Robert Ross. Counsel for the parties met in chambers with the magistrate judge to discuss issues presented in the case and potential resolution of the case. Pursuant to such discussions, the court hereby schedules the case for an in-person settlement conference/mediation in Chambers 11B at 10:00 a.m. on May 10, 2023. All parties are required to be present. Defendants shall have persons in attendance who have authority to up to the value of plaintiff's settlement demand. And plaintiff shall submit a written demand for settlement to defense counsel not later than 12:00 noon on May 5, 2023. Should either side wish to submit an confidential mediation statement, said document must be no more than 10 pages long and be submitted to the chambers email box for the magistrate judge (parker_chambers@ohnd.uscourts.gov) not later than 5:00 p.m. on May 8, 2023. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 5/3/2023. (Time: 50 minutes). (D,JJ)
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Filing 14
Minutes and Order: The Court conducted a hearing on the record at which it ORDERED Plaintiff to provide notice of her intent to serve subpoenas to Defendants' cell phone providers no later than May 8, 2023 and set May 12, 2023 as the deadline for Defendants to raise any objections. The Court set May 17, 2023 as the deadline for Defendants to answer, move, or otherwise plead and directed the parties to file a Rule 26(f) Report by June 16, 2023 and to make initial disclosures in advance of the Rule 26(f) conference. Judge J. Philip Calabrese on 5/3/2023. (Y,A)
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Order [non-document]: Under N.D. Ohio Local Rule 16.4(e), this matter is referred to United States Magistrate Judge Thomas M. Parker for mediation. Counsel will receive further instructions from Judge Parker's Chambers. On the recommendation of the Magistrate Judge, the Court will stay or extend any deadline in the case. Judge J. Philip Calabrese on 5/3/2023. (Y,A)
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Filing 13
Notice of Unavailability of Commissioner Denny Malloy filed by Mauro Cantalamessa, Frank Fuda, Paul Monroe, Trumbull County, Trumbull County Board of Commissioners, Trumbull County Sheriff's Department. (Downey, Daniel)
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Filing 12
Attorney Appearance by Helen K. Sudhoff filed by on behalf of Mauro Cantalamessa, Frank Fuda, Paul Monroe, Trumbull County, Trumbull County Board of Commissioners, Trumbull County Sheriff's Department. (Sudhoff, Helen)
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Filing 11
Attorney Appearance by Daniel T. Downey filed by on behalf of Mauro Cantalamessa, Frank Fuda, Paul Monroe, Trumbull County, Trumbull County Board of Commissioners, Trumbull County Sheriff's Department. (Downey, Daniel)
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Filing 10
Attorney Appearance by Andrew N. Yosowitz filed by on behalf of Robert Ross, Harold Wix. (Yosowitz, Andrew)
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Filing 9
Notice of Reservation of Rights and Appearance filed by Ohio Attorney General Dave Yost. (Kelly, Phillip)
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Filing 8
Order: The Court schedules a hearing on the record in Courtroom 16, Carl B. Stokes U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio on May 3, 2023 at 9:30.m.(Y,A)
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Filing 7
Return of Service by personal service executed upon Frank Fuda on 4/26/2023; Paul Monroe on 4/26/2023; Robert Ross on 4/26/2023; Trumbull County via Commissioner Mauro Cantalamessa on 4/26/2023; Trumbull County Sheriff's Department on 4/26/2023; Harold Wix on 4/26/2023, filed on behalf of Niki Frenchko Related document(s) #1 . (Miller-Novak, Matthew)
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Filing 6
Minutes and Order: The Court heard oral arguments on Plaintiff's motion for a temporary restraining order. For the reasons stated on the record, the Court DENIED the motion. The Court outlined the next steps for management of this case. Judge J. Philip Calabrese on 4/18/2023. Time: 45 minutes. (Y,A)
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Filing 5
Notice of Service of Notice of Hearing filed by Niki Frenchko. Related document(s) #4 .(Miller-Novak, Matthew)
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Filing 4
Order: The Court schedules a hearing on Plaintiff's motion for a temporary restraining order in Courtroom 16B, Carl B. Stokes U.S. Courthouse, 801 West Superior Ave., Cleveland, Ohio on April 18, 2023 at 2:00.pm. Judge J. Philip Calabrese on 4/17/2023. (Y,A)
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Filing 3
Original Summons and Magistrate Consent Form issued to counsel for service upon Paul Monroe, Trumbull County, Trumbull County Sheriff's Office, Sergeant Harold Wix, Sergeant Robert Ross, and Frank Fuda. (Attachments: #1 Magistrate Consent Form) (G,M) Modified on 5/5/2023 to remove two defendants who summons were not issued to (G,M).
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Filing 2
Motion for temporary restraining order and preliminary injunction filed by Plaintiff Niki Frenchko. (Miller-Novak, Matthew)
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Filing 1
Verified Complaint for Declaratory, Injunctive, and Monetary Relief with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11948022. Filed by Niki Frenchko. (Attachments: #1 Civil Cover Sheet, #2 Summons for All Defendants, #3 Notice of Appearance of Counsel, #4 Notice of Appearance of Counsel) (Miller-Novak, Matthew)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (G,M)
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Judge J. Philip Calabrese assigned to case. (G,M)
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