Jones, et al v. Natural Essentials, Inc.
| Jones, Teresa Jones, Kevin Jones and Rob Lovejoy |
| Natural Essentials, Inc. |
| 5:2016cv00093 |
| January 14, 2016 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Portage |
| Sara Lioi |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 21 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's decision re #19 Notice of Appeal (USCA# 18-3011). Date issued as mandate 8/14/18, Costs: None (H,SP) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #19 Notice of Appeal (USCA# 18-3011). Date filed in USCA 1/4/18. (H,SP) |
| Filing 19 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #18 Memorandum Opinion and Order of 12/4/17, filed by Kevin Jones, Teresa Jones, Rob Lovejoy. (Filing fee $505 paid, receipt number 0647-8484690). (Attachments: #1 Exhibit A- Memorandum Opinion and Order) (Owens, Mark) |
| Filing 18 Memorandum Opinion and Order: The Court concludes that plaintiffs' request for leave to amend is not well-taken, and is denied. The Court also denies plaintiffs' request to amend the dismissal of counts I and II to dismissal without prejudice. Plaintiffs' motion for reconsideration is granted. For all of the foregoing reasons, having reconsidered in light of plaintiffs' motion, the Court adheres to its original decision. (Related Doc. No. #15 ). Judge Sara Lioi on 12/4/2017. (P,J) |
| Filing 17 Reply in support of #15 Motion to Alter or Amend Judgment/Motion for Reconsideration and Motion for leave to File Amended Complaint filed by All Plaintiffs. (Owens, Mark) Modified text on 5/9/2017 (D,JJ). |
| Filing 16 Opposition to #15 Motion to Alter or Amend Judgment/Motion for Reconsideration and Motion for Leave to Amend filed by Natural Essentials, Inc. (Attachments: #1 Exhibit Unreported Case: Simpson v. US)(Lebowitz, Todd) Modified text on 5/1/2017 (D,JJ). |
| Filing 15 Motion to Alter or Amend Judgment/Motion for Reconsideration and Motion for Leave to File Amended Complaint filed by Kevin Jones, Teresa Jones, Rob Lovejoy. Related document(s) #13 , #14 . (Owens, Mark - s/Natalie F. Grubb). Added Motion for leave and modified text on 4/25/2017 (D,JJ). |
| Filing 14 Judgment Entry: Counts I and II of plaintiffs' complaint are dismissed with prejudice. Counts III, IV and V of plaintiffs' complaint are dismissed without prejudice. This case is closed. (Related Doc. Nos. #6 , #13 ). Judge Sara Lioi on 3/27/2017. (P,J) |
| Filing 13 Memorandum Opinion and Order: Defendant's motion to dismiss (Doc. No. #6 ) counts I and II of plaintiffs' complaint pursuant to Fed. R. Civ. P. 12(b)(6) is granted, and those claims are dismissed with prejudice. Counts III, IV and V are dismissed without prejudice. Plaintiffs' motion to strike (Doc. No. [7)] exhibit 1, and to strike the factual background of defendant's motion to dismiss, is denied as moot because, in ruling on defendant's motion, the Court did not rely on exhibit 1 or any portion of defendant's statement of the facts that was not drawn from the complaint. Judge Sara Lioi on 3/27/2017. (P,J) |
| Filing 12 Reply in support of #6 Motion to dismiss for failure to state a claim filed by Natural Essentials, Inc.. (Attachments: #1 Exhibit 1 - OCRC Charge)(Lebowitz, Todd) |
| Filing 11 Brief in Opposition to Defendant's Motion to Dismiss filed by All Plaintiffs. Related document(s) #6 . (Attachments: #1 Exhibit 2016.04.01 OCRC Letter, #2 Exhibit EEOC Dual Filing Notice) (Owens, Mark) |
| Filing 10 Reply in Support of Plaintiff's #7 Motion to Strike "Exhibit 1" and "Factual Background" Section of Defendants' #6 Motion to Dismiss filed by all Plaintiffs. Related documents #9 , #8 . (Attachments: #1 Exhibit Carrizo (Utica LLC v. City of Girard, 2014 U.S. Dist. LEXIS 172967, #2 Exhibit TolTest, Inc. v. Purcell P&C, LLC, 2014 U.S. Dist. LEXIS 7664) (Owens, Mark) Modified text on 4/4/2016 (M,TL). |
| Filing 9 FILING ERROR - DOCUMENT NOT TEXT SEARCHABLE - ATTORNEY WILL REFILE - Reply in support of #7 Motion to strike Exhibit 1 and Factual Background Section from Defendant's Motion to Dismiss filed by All Plaintiffs. (Owens, Mark) Modified to note filing error, attorney notified and NEF regenerated on 4/1/2016 (M,TL). |
| Filing 8 Response to #7 Motion to strike Exhibit 1 and Factual Background Section from Defendant's Motion to Dismiss filed by Natural Essentials, Inc.. (Lebowitz, Todd) |
| Filing 7 Motion to strike Exhibit 1 and Factual Background Section from Defendant's Motion to Dismiss filed by Kevin Jones, Teresa Jones, Rob Lovejoy. Related document(s) #6 . (Owens, Mark) |
| Filing 6 Motion to dismiss for failure to state a claim filed by Defendant Natural Essentials, Inc.. (Attachments: #1 Brief in Support Defendant's Memorandum in Support of It's Motion to Dismiss, #2 Exhibit 1 - Alice Worman Statement 09-17-13, #3 Exhibit 2 - Baker v City of Toledo Ohio, #4 Exhibit 3 - Bennett v Board of Educ of Washington County Joint Vocational School Dist, #5 Exhibit 4 - Greer v. Cleveland Clinic Health System-East Region, #6 Exhibit 5 - Hoover v Timken Co, #7 Exhibit 6 - Kepreos v Alcon Laboratories Inc, #8 Exhibit 7 - Sarvak v DDR Corp, #9 Exhibit 8 - Sharp v Cleveland Metropolitan School Dist)(Lebowitz, Todd) |
| Filing 5 Attorney Appearance by Todd H. Lebowitz filed by on behalf of Natural Essentials, Inc.. (Lebowitz, Todd) |
| Filing 4 Waiver of Service Returned Executed by All Plaintiffs. Natural Essentials, Inc. waiver sent on 1/21/2016, answer due 3/21/2016. filed on behalf of All Plaintiffs (Owens, Mark) |
| Filing 3 Initial Standing Order. Judge Sara Lioi on 1/15/2016. (P,J) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon Natural Essentials, Inc. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| Filing 1 Complaint with jury demand against All Plaintiffs. Filing fee paid $ 400, Receipt number 0647-7437496. Filed by Rob Lovejoy, Kevin Jones, Teresa Jones. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Owens, Mark) |
| Judge Sara Lioi assigned to case. (M,TL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL) |
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