Hilton v. Ohio Bell Telephone Company et al
Plaintiff: Andre L. Hilton
Defendant: Ohio Bell Telephone Company doing business as AT & T, Inc. doing business as AT & T doing business as SBC Communications Inc., Chris Freyhof and Richard Varlotta
Case Number: 5:2007cv01704
Filed: June 8, 2007
Court: US District Court for the Northern District of Ohio
Office: Akron Office
County: Summit
Presiding Judge: Sara Lioi
Nature of Suit: Civil Rights: Jobs
Cause of Action: 05 U.S.C. § 7703
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 16, 2008. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 16, 2008 Filing 33 Judgment Entry: Judgment is granted in favor of Ohio Bell Telephone Company against Andre L. Hilton. Case dismissed, with each party to bear its own costs. (Related Doc #32 ). Signed by Judge Sara Lioi on 5/16/2008. (P,J)
May 16, 2008 Filing 32 Memorandum Opinion granting defendants' motion for summary judgment (Related Doc #23 ). Defendant is entitled to summary judgment on the sole claim before this Court -- racial discrimination in employment. The Court will, by separate judgment entry, dismiss this case with prejudice. Signed by Judge Sara Lioi on 5/16/2008.(P,J)
May 8, 2008 Filing 31 Fourth Status Report filed by Ohio Bell Telephone Company. (Rendon, Carole)
April 7, 2008 Filing 30 Reply to response #29 to #23 Joint Motion for summary judgment of Defendants filed by Ohio Bell Telephone Company. (Attachments: #1 Exhibit 3, #2 Exhibit 4)(Rendon, Carole) Modified on 4/8/2008 to create link (Page, Gina).
March 28, 2008 Filing 29 Opposition to #23 Joint Motion for summary judgment of Defendants filed by Andre L. Hilton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Malynn, Steven)
March 19, 2008 Opinion or Order Order [non-document] granting #28 plaintiff's Motion to Extend Deadline for response to #23 Joint Motion for summary judgment of Defendants; response now due 3/28/08 and reply, if any, due 4/7/08. Approved by Judge Sara Lioi on 3/19/2008.(D,S)
March 18, 2008 Filing 28 Motion for extension of time until March 28, 2008 to Respond to Summary Judgment filed by Plaintiff Andre L. Hilton. Related document(s) #23 . (Malynn, Steven) Modified text on 3/19/2008 (P,G).
March 6, 2008 Opinion or Order Filing 27 Order granting motion for attorney fees filed by defendant Ohio Bell Telephone. Plaintiff is directed to pay in full the amount of $658.50 by no later than 4/7/2008. Payment shall be made to counsel for AT&T in a manner agreed to between counsel (Related Doc #21 ). Signed by Judge Sara Lioi on 3/6/2008.(P,J)
February 27, 2008 Opinion or Order Filing 26 Order approving stipulation of dismissal of defendants Chris Freyhof and Richard Varlotta, with prejudice. All claims alleged in the complaint remain against the corporate defendants (Related Doc #25 ). Signed by Judge Sara Lioi on 2/27/2008. (P,J)
February 20, 2008 Filing 25 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Andre L. Hilton. (Malynn, Steven)
February 19, 2008 Filing 24 Notice of Filing of Deposition Transcript filed by Ohio Bell Telephone Company, Chris Freyhof, Richard Varlotta. (Attachments: #1 Hilton Deposition, VOL. 1, #2 Hilton Deposition, VOL. 2)Related document(s) #23 .(Rendon, Carole)
February 19, 2008 Filing 23 Joint Motion for summary judgment of Defendants filed by Ohio Bell Telephone Company, Chris Freyhof, Richard Varlotta. (Attachments: #1 Brief in Support of Defendant's Joint Motion for Summary Judgment, #2 Exhibit Table of Contents, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit 1, #18 Exhibit 2)(Rendon, Carole)
December 21, 2007 Filing 22 Third Status Report filed by Ohio Bell Telephone Company, Chris Freyhof, Richard Varlotta. (Rendon, Carole)
December 10, 2007 Filing 21 Motion for attorney fees by Carole S. Rendon filed by Ohio Bell Telephone Company, Chris Freyhof, Richard Varlotta. (Rendon, Carole)
December 6, 2007 Minutes of proceedings [non-document]. A status conference was conducted on 12/6/2007 before Judge Sara Lioi. Attorney Steven R. Malynn appeared on behalf of plaintiff. Attorney Carole Rendon appeared on behalf of defendants. Plaintiff Andre Hilton, and defendants Richard Varlotta and Chris Freyhof were also in attendance. The parties discussed the possibility of settlement, but it does not appear that further discussions would be fruitful at this time. In light of the fact that the parties have represented to the Court that they do not intend to rely on expert testimony in this case, the Court has revised the briefing schedule for dispositive motions. Dispositive motions are now due on 2/19/2008; responses are due on 3/11/2008; and any replies must be filed by 3/21/2008. (Time: 33 minutes). (Court Reporter None.) (P,J)
November 30, 2007 Opinion or Order Order [non-document]: In light of the unique circumstances surrounding this case, the motion by defendants to permit representative to attend status conference by telephone is granted (Related Doc #20 ). A representative from AT&T with full settlement authority must be available by telephone at all times. Counsel and parties must be prepared to discuss all aspects of the case, including settlement. Signed by Judge Sara Lioi on 11/30/2007.(P,J)
November 29, 2007 Filing 20 Motion to attend Status Conference set for 12/6/07 by telephone filed by Ohio Bell Telephone Company, Chris Freyhof, Richard Varlotta. (Rendon, Carole) Modified text on 12/3/2007 (P,G).
November 29, 2007 Opinion or Order Filing 19 Order granting in part defendants' motion to compel and denying in part the motion as moot. Specifically, the Court GRANTS the portion of defendants' motion that requests attorney's fees and costs associated with the preparation of their motion to compel, and, inasmuch as the discovery dispute appears to have resolved itself, the Court DENIES as moot the portion of the motion requesting the Court to compel plaintiff to respond to the outstanding discovery request. Defendants are given leave until 12/10/2007 to submit their petition for reasonable fees and costs. (Related Doc #10 ). Signed by Judge Sara Lioi on 11/29/2007.(P,J)
November 26, 2007 Opinion or Order Filing 18 Stipulated Protective Order (Related Doc #15 ). Signed by Judge Sara Lioi on 11/26/2007. (P,J) Modified text on 11/27/2007 (P, S).
November 26, 2007 Opinion or Order Order [non-document] denying as moot Motion for protective order (Related Doc #13 ). Approved by Judge Sara Lioi on 11/26/2007.(P,J)
November 21, 2007 Filing 17 Reponse to the Court's show cause order filed by Plaintiff Andre L. Hilton. Related document(s) #16 . (Attachments: #1 Affidavit Affidavit of Plaintiff)(Malynn, Steven) Modified event on 11/26/2007 (P,G).
November 15, 2007 Opinion or Order Filing 16 Order: Plaintiff is to show cause why this Court should not impose sanctions, up to and including dismissal of this action, pursuant to Rule 11 of the Federal Rules of Civil Procedure, 28 U.S.C. Section 1927, and the Court's inherent power to control the cases on its docket for failure to cooperate with discovery. Plaintiff shall be granted leave until 11/21/2007 to provide this Court with a written explanation as to why he and his counsel should not be subject to sanctions. (Related Doc #14 , #10 ). Signed by Judge Sara Lioi on 11/15/2007. (P,J)
November 13, 2007 Filing 15 Proposed Protective Order filed by Ohio Bell Telephone Company, Chris Freyhof, Richard Varlotta. (Rendon, Carole) Modified event on 11/14/2007 (P,G).
November 9, 2007 Filing 14 Opposition to #11 First Motion to compel discovery Exhibits, #10 First Motion to compel discovery filed by Andre L. Hilton. (Malynn, Steven)
November 9, 2007 Filing 13 Joint Motion for protective order filed by all defendants. (Rendon, Carole)
November 8, 2007 Filing 12 Second Status Report (45-Day) filed by all defendants. (Rendon, Carole)
November 2, 2007 Filing 11 Exhibits to Motion to compel discovery filed by all defendants. Related document(s) #10 . (Rendon, Carole) Modified event and termed motion on 11/6/2007 (P, G).
November 2, 2007 Filing 10 First Motion to compel discovery filed by all defendants. (Rendon, Carole)
September 24, 2007 Filing 9 Joint Status Report 45 day filed by all parties. (Giffen, Karen)
August 9, 2007 Opinion or Order Filing 8 Case Management Conference Plan and Trial Order: Case assigned to Standard Track; Deadline to add parties or amend pleadings 9/14/2007; Deadline for completing non-expert discovery 11/28/2007; Deadline for plaintiff to ID experts and reports 12/10/2007; Deadline for defendant to ID expert and reports 1/21/2008; Deadline for completing expert discovery 2/29/2008; Deadline for filing dispositive motions 3/24/2008; Deadline for filing oppositions to motions 4/28/2008; Deadline for filing replies to responses 5/9/2008; Status Conference set for 12/6/2007 at 12:00 PM in Chambers 526 before Hon. Sara Lioi; Final Pretrial Conference set for 7/1/2008 at 4:30 PM before Hon. Sara Lioi; Jury Trial set on two-week standby period beginning 7/21/2008 at 8:00 AM in Courtroom 530 before Hon. Sara Lioi. Signed by Judge Sara Lioi on 8/9/2007.(M,V)
August 9, 2007 Minutes of proceedings [non-document]. A case management conference was held on 8/8/07 before Judge Sara Lioi. Attorney Steven R. Malynn appeared on behalf of plaintiff. Attorney Carole Rendon appeared on behalf of defendants. Plaintiff Andre Hilton, and defendants Richard Varlotta and Chris Freyhof, defendant AT&Ts representative Cynthia C. Schafer were in attendance. Counsel discussed scheduling dates. Counsel discussed the possibility of a resolution, and indicated that ADR is not appropriate at this time. Time: 4 minutes. (Court Reporter none.) (M,V)
August 1, 2007 Filing 7 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by all parties. (Malynn, Steven) Modified filers on 8/3/2007 (P, G).
June 26, 2007 Filing 6 Notice of Magistrate Consent form issued on 6/26/2007. (S,S)
June 26, 2007 Opinion or Order Filing 5 Case Management Conference Scheduling Order. Case management conference set for 8/8/2007 at 4:30 p.m., in Chambers 526, before Judge Sara Lioi. Signed by Judge Sara Lioi on 6/26/2007. (S,S)
June 8, 2007 Filing 4 Magistrate Consent Form issued. (S,He)
June 8, 2007 Filing 3 Corporate Disclosure Statement filed by Ohio Bell Telephone Company. (Rendon, Carole) Modified filer on 6/12/2007 (S, He).
June 8, 2007 Filing 2 Answer to Complaint (Related Doc #1 ) filed by Ohio Bell Telephone Company, Chris Freyhof, Richard Varlotta. (Rendon, Carole) Modified filers on 6/12/2007 (S, He).
June 8, 2007 Filing 1 Notice of Removal from Summit County Court of Common Pleas, case number 2007-05-3513 with jury demand (Filing fee $350 receipt number 2500715). Filed by Ohio Bell Telephone Company, Chris Freyhof, Richard Varlotta. (Attachments: #1 Exhibit A#2 Exhibit B#3 Civil Cover Sheet)(Rendon, Carole) Modified filers on 6/12/2007 (S, He).
June 8, 2007 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James S. Gallas. (L,T)
June 8, 2007 Judge Sara Lioi assigned to case. (L,T)

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Plaintiff: Andre L. Hilton
Represented By: Steven R. Malynn
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Defendant: Ohio Bell Telephone Company doing business as AT & T, Inc. doing business as AT & T doing business as SBC Communications Inc.
Represented By: Carole S. Rendon_AUSA
Represented By: Paul D. Castillo
Represented By: Karen L. Giffen
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Defendant: Chris Freyhof
Represented By: Carole S. Rendon_AUSA
Represented By: Paul D. Castillo
Represented By: Karen L. Giffen
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Defendant: Richard Varlotta
Represented By: Carole S. Rendon_AUSA
Represented By: Paul D. Castillo
Represented By: Karen L. Giffen
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