Haley v. City of Akron et al
| Stephen T Haley |
| City of Akron, Craig Gilbride, James R. Alexander, John Doe, I, John Doe, II, City of Rowlett, Matt Walling, Jeff Freeman, County of Rockwall, Texas, Kenda Culpepper, Jon Thatcher, J. B. Wascom and Sheri Chipman |
| 5:2013cv00232 |
| January 31, 2013 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Sara Lioi |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
79
Memorandum Opinion: Defendants' motion for summary judgment on plaintiff's first amended complaint is GRANTED (Doc. No. 71 ). Plaintiff's motion for summary judgment is DENIED (Doc. No. 72 ). In so ruling, the Court makes no finding or ruling regarding what interest in the Corvette, if any, plaintiff may have. But that issue is one that must be resolved in state court, and not in this action. (Related documents 73 , 74 , 77 , and 78 .) Judge Sara Lioi on 8/19/2015. (S,He)
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Filing
58
Memorandum Opinion and Order: Plaintiff's motion to amend his complaint (Doc. No. 48 ) is granted in part and denied in part, as follows: (1) The motion to amend is granted as to plaintiff's claim against Alexander in Count I; (2) T he motion to amend is granted with respect to Count II as to Wascom and Chipman, but denied as to Freeman, Thatcher, and Starvaggi; (3) The motion to amend is denied as to Count III; (4) The motion to amend is granted as to plaintiff's claims ag ainst Wascom and Chipman in Count IV; (5) The motion to amend, to the extent it purports to assert a claim against Alexander, Freeman, Thatcher, and Starvaggi in their official capacities, is denied. The Court's ruling granting certain portions of plaintiff's motion to amend his complaint should not be construed by either party as an indication of how the Court will rule on on the merits of the claims. Plaintiff shall file his amended complaint, in accordance with the Court's ruli ngs in this Opinion and Order, by January 28, 2015. The dates and deadlines in the Court's Case Management Plan and Trial Order remain in effect. (Doc. No. 45 .) Judge Sara Lioi on 1/21/2015. (Related Doc Nos. 49 , 50 , 52 , and 54 .) (S,He)
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Filing
40
Opinion and Order: Haley's motion to dismiss defendant Gilbride is granted. Defendants' motion for judgment on the pleadings (Doc. No. 34 ) is moot as to defendants City of Akron and Gilbride. As to defendant Alexander, the motion is granted in part and denied in part. All claims against Alexander in his individual and official capacities are dismissed, with the exception of the unreasonable seizure/false arrest claim in Count II. Judge Sara Lioi on 7/31/2014. (P,J)
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Filing
36
Memorandum Opinion and Order: The Court grants plaintiff's motion (Doc. No. 27 ) to dismiss defendants City of Akron, City of Rowlett, County of Rockwall, and Culpepper; The Court grants the Rowlett defendants' motion (Doc. No. 17 ) to dismiss for lack of personal jurisdiction as to defendant Walling, but denies the motion as to defendant Freeman and denies as moot the Rowlett defendants' alternative motion (Doc. No. 17 ) to transfer venue; The Court grants the Rockwall defendants' Rule 12(b)(2) motion (Doc. No. 22 ) to dismiss for lack of personal jurisdiction as to Thatcher (and finds the motion moot as to the County of Rockwall and Culpepper) and further finds the Rule 12(b)(6) motion (Doc. No. 22 ) to dis miss for failure to state a claim moot; The Court grants the Rowlett defendants' motion (Doc. No. 18 ) to dismiss for failure to state a claim against Freeman in his individual capacity (and finds the motion moot as to Walling); The Court gran ts the Rowlett defendants' motion (Doc. No. 19 ) to dismiss for failure to state a claim against Freeman his official capacity (and finds the motion moot as to Walling and City of Rowlett); The Court denies as moot the Rowlett and Rockwall defe ndants' motions (Doc. Nos. 20 and 24 ) to excuse personal appearance at the CMC; and denies plaintiff's motion (Doc. No. 33 ) for leave to file a sur-reply. In light of the forgoing, the City of Akron, City of Rowlett, County of Rockwa ll, Matt Walling, Jeff Freeman, Kenda Culpepper, and Jon Thatcher are dismissed as parties. This case shall proceed as filed against the remaining Akron defendants (Craig Gilbride, the Police Chief of the City of Akron and James R. Alexander, a police officer for the City of Akron) and the Wascom defendants (J.B. Wascom and Sheri Chipman). Judge Sara Lioi on 2/27/2014. (P,J)
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