McGee v. Armstrong, et al
Plaintiff: Kevin V. McGee
Defendant: Thomas Armstrong, Lisa Kamlowsky, County of Summit Developmental Disabilities Board and John Does 1-3
Case Number: 5:2011cv02751
Filed: December 20, 2011
Court: US District Court for the Northern District of Ohio
Office: Akron Office
County: Summit
Presiding Judge: Kathleen B. Burke
Presiding Judge: Sara Lioi
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 16, 2018 Opinion or Order Filing 177 Memorandum Opinion: Plaintiff Kevin McGee has failed to establish any breach of contract with respect to his military leave pay and, therefore, the motion for summary judgment filed by defendants Thomas Armstrong, Lisa Kamlowsky, and the Summit County Board of Developmental Disabilities (Doc. No. 163 ) is granted. This ruling resolves what remained in the case following arbitration and, therefore, the case will be dismissed by separate order. Judge Sara Lioi on 8/16/2018. (P,J)
August 15, 2017 Opinion or Order Filing 161 Memorandum Opinion and Order: Plaintiff's motion to reopen and to appeal the arbitrator's decision (Doc. No. 156 ) is granted in part and denied in part. Plaintiff's request for reconsideration of, and/or to alter or amend, the July 3, 2014 Memorandum Opinion and Order is denied. Further, plaintiff's appeal from the arbitrator's decisions is also denied and those decisions are confirmed. This case is reopened for the sole purpose of addressing the portions of the second amended complaint that were not referred to arbitration, as set forth above. (Related Doc. No. 151 ). Judge Sara Lioi on 8/15/2017. (P,J)
July 3, 2014 Opinion or Order Filing 151 Memorandum Opinion and Order accepting the Report and Recommendation (Related Doc # 140 ). The Court concludes that plaintiff's statutory and constitutional challenges to his termination are arguably subject to arbitration because they must be resolved with reference to the employment relationship set forth in the employment contract. In so concluding, the Court, as did the R&R, emphasizes that this ruling is not intended as a suggestion to the arbitrator as to what the scope or o utcome of the arbitration should be. Defendants' motion to compel arbitration and to stay all proceedings in this Court until that arbitration is concluded is granted. The Clerk is directed to mark the docket as "stayed." Counsel for the parties are directed to keep the Court apprised of the status of the arbitration. Judge Sara Lioi on 7/3/2014. (P,J)
June 1, 2012 Opinion or Order Filing 70 Memorandum Opinion and Order granting in part Defendants' Expedited Motion for Protective Order (Doc. 58 ) and requiring Plaintiff to take corrective action as provided within. Deadline for filing certification with the Court as outlined within: 6/11/2012. See order for details and specific requirements. Magistrate Judge Kathleen B. Burke on 6/1/2012. (D,I)
May 18, 2012 Opinion or Order Filing 60 Memorandum Opinion and Order denying in part 58 Defendants' Motion for protective order. Defendants' Motion for protective order is DENIED without prejudice. Defendants' Motion to order plaintiff to file responses and any motions under seal is DENIED. The Court has set a briefing schedule for Defendants' Motion relating to Local Rule 32.1. See order for details. Magistrate Judge Kathleen B. Burke on 5/18/2012. (D,I)
May 11, 2012 Opinion or Order Filing 56 Memorandum Opinion and Order denying Defendants' Expedited Motion for protective order (Related Doc # 50 ). Magistrate Judge Kathleen B. Burke on 5/11/2012.(D,I)
May 10, 2012 Opinion or Order Filing 54 Memorandum Opinion and Order granting Plaintiff's Motion for leave to file First Supplemental Complaint (Related Doc # 45 ). Plaintiff's revised complaint shall be filed on or before 5/17/2012, and shall be captioned/styled Plaintiff's Second Amended Complaint. Defendant shall have 30 days from Plaintiff's filing to plead or otherwise respond to the Second Amended Complaint. See order for details. Magistrate Judge Kathleen B. Burke on 5/10/2012.(D,I)
December 23, 2011 Opinion or Order Filing 10 Memorandum Opinion and Order: To the extent plaintiff's motion for TRO and preliminary injunction seeks a TRO, it is denied. (Doc. No. 7 ). The Court refers this action to Magistrate Judge Kathleen B. Burke to conduct the Case Management Conference in this case. Due to the fact that plaintiff will be actively deployed on January 9, 2012, the Court requests that, if at all possible, the CMC be conducted by no later than January 6, 2012, even if defendants have not yet filed a respons ive pleading by then. In addition, defendants are requested to file forthwith, at the very least, a notice of appearance so that the Court will be able to make contact with defendants' counsel electronically. The Court hereby refers this action to Magistrate Judge Burke for general pretrial supervision. This referral includes the preparation of reports and recommendations on dispositive motions. Judge Sara Lioi on 12/23/2011. (P,J)
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Defendant: Thomas Armstrong
Represented By: David S. Kessler
Represented By: Stephen P. Postalakis
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Defendant: Lisa Kamlowsky
Represented By: David S. Kessler
Represented By: Stephen P. Postalakis
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Defendant: County of Summit Developmental Disabilities Board
Represented By: David S. Kessler
Represented By: Stephen P. Postalakis
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Defendant: John Does 1-3
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Plaintiff: Kevin V. McGee
Represented By: Michael J. McGee
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