Stewart et al v. Buckeye Community Thirty Five LP et al
| Fair Housing Advocates Assoc. and Catherine Stewart |
| Buckeye Community Thirty Five LP, Linda Collins, RLJ Management Co. Inc. and Buckeye Community Thirty Five LP doing business as Kenmore Place Apartments |
| 5:2017cv01065 |
| May 22, 2017 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Sara Lioi |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| Both |
Docket Report
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Filing 33
Order: Upon the representation of the parties that a global settlement of all claims and issues has been reached, the principals for all parties have duly signed the appropriate paperwork with advice of counsel, plaintiff's complaint is dismissed with prejudice and this case is deemed as closed except for this Court retaining jurisdiction solely for enforcement purposes. (Related Doc. No. #32 ). Judge Sara Lioi on 7/17/2018. (P,J)
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| Filing 32 Proposed Order of Dismissal filed by All Plaintiffs. (Williams, Brian) |
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Filing 31
Order: Counsel having advised the Court that the case has settled, this case hereby is dismissed with prejudice. Any and all releases, agreements or judgment entries necessary to comply with this settlement shall be executed by the interested parties. A final Agreed Entry, approved by counsel for all parties, shall be filed with the Court on or before July 20, 2018. This case hereby is closed. Judge Sara Lioi on 6/20/2018. (P,J)
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| Filing 30 Notice to Take Deposition of Linda Collins filed by All Plaintiffs. (Williams, Brian) |
| Filing 29 Joint Motion for extension of time until June 15th to Discovery Period filed by Fair Housing Advocates Assoc., Catherine Stewart. (Williams, Brian) |
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Order [non-document] granting #29 joint motion by the parties to extend dates. The status conference scheduled for 5/15/2018 is continued to 6/20/2018 at 11:30 a.m., by telephone, with counsel only. Plaintiffs' counsel shall initiate the call and then call the Court at 330-252-6060. Discovery cutoff is extended to 6/15/2018. Dispositive motion deadline is extended to 6/29/2018, with oppositions by 7/27/2018 and replies by 8/8/2018. All other dates remain unchanged. Counsel are reminded to file 45-day status reports. Judge Sara Lioi on 5/7/2018.(P,J)
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| Filing 28 Joint Status Report filed by All Plaintiffs. (Williams, Brian) |
| Filing 27 Notice of Service of Discovery Requests filed by All Plaintiffs. (Williams, Brian) |
| Filing 26 Notice of Service of Supplemental Discovery Responses filed by Catherine Stewart. (Williams, Brian) |
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Order [non-document] granting, for good cause shown, plaintiffs' unopposed motion for an extension of time until May 11, 2018 to complete non-expert discovery. (Doc. No. #25 .) The status conference currently set for March 2, 2018 is rescheduled for May 15, 2018 at 10:30 a.m. All other dates and deadlines in the case management plan and trial order remain in effect and unchanged. (Doc. No. #17 .) Judge Sara Lioi on 2/15/2018.(P,J)
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| Filing 25 Motion for extension of Discovery until May 11, 2018 filed by Fair Housing Advocates Assoc., Catherine Stewart. (Williams, Brian) |
| Filing 24 Notice of Service of supplemental discovery responses filed by All Plaintiffs. (Williams, Brian) |
| Filing 23 Notice of Service of Supplemental Written Discovery filed by All Plaintiffs. (Williams, Brian) |
| Filing 22 Supplemental Notice of Service of Supplemental Document Request filed by Fair Housing Advocates Assoc.. (Williams, Brian) |
| Filing 21 Notice of Service of Discovery Responses filed by All Plaintiffs. (Williams, Brian) |
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Order [non-document] regarding plaintiffs' motion to extend the time under the FRCP to respond to defendant's written discovery request. (Doc. No. #20 .) It is not generally necessary to seek the Court's approval regarding discovery response deadlines in the civil rules unless the parties cannot reach agreement and a dispute develops, or the extension impacts deadlines established by the Court's case management plan. (Doc. No. #17 .) It does not appear from plaintiffs' motion that either scenario is applicable at this time. That said, the Court grants plaintiffs motion and, absent good cause shown, the Court will not further extend the time for response. Judge Sara Lioi on 10/19/2017.(P,J)
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| Filing 20 Motion for extension of Discovery Responses until November 10, 2017 filed by Fair Housing Advocates Assoc., Catherine Stewart. (Williams, Brian) |
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Filing 19
Order granting Plaintiff's Motion to dismiss Defendant Linda Collins. If defendants do not satisfy the underlying predicate for plaintiffs' motion, and assume responsibility for all of Collins' actions/statements in this matter as performed and made in the course and scope of her employment on behalf of defendant Buckeye Community Thirty Five LP, plaintiffs may move the Court to reconsider its dismissal of Collins from this action. (Related Doc #18 ). Judge Sara Lioi on 10/13/2017.(D,JJ)
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| Filing 18 Motion to voluntarily dismiss party Linda Collins only filed by Fair Housing Advocates Assoc., Catherine Stewart. (Williams, Brian) |
| Filing 17 Case Management Plan and Trial Order. Case is assigned to the standard track. Deadline to add parties or amend pleadings 10/11/2017; Deadline for completing non-expert discovery 2/28/2018; The parties have agreed to follow the default standard for discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 3/16/2018; Deadline to identify rebuttal experts and provide reports 4/13/2018; Deadline for completing expert discovery 5/11/2018; Deadline for filing dispositive motions 6/8/2018; Deadline for filing oppositions to motions 7/9/2018; Deadline for filing replies to responses 7/23/2018; Status Conference set for 3/2/2018 at 10:00 a.m.; Final Pretrial Conference set for 10/10/2018 at 1:30 p.m.; Jury Trial set on two week standby period beginning 11/19/2018 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 9/26/2017. (P,J) |
| Filing 16 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Buckeye Community Thirty Five LP, RLJ Management Co. Inc.. Related document(s) #8 .(Crisci, George) |
| Minutes of proceedings [non-document] before Judge Sara Lioi. The Court conducted a case management conference on September 26, 2017. The conference was scheduled to be conducted telephonically, however, Attorney Brian Williams appeared in chambers on behalf of plaintiffs. Attorney George Crisci participated telephonically on behalf of defendants Buckeye Community Thirty Five LP and RLJ Management Co. Inc. Attorney Roland DeMonte participated telephonically on behalf of defendant Linda Collins. The Court discussed dates and deadlines that will be separately published in the Courts Case Management Plan and Trial Order. Counsel for defendant Collins informed the Court that his client is no longer employed by either of the corporate defendants, and counsel for Buckeye Community and RLJ Management represented that at all times relevant to the allegations in the complaint, Collins was acting within the course and scope of her employment. Based upon this information, Attorney Williams will inform the Court, no later than 12:00 noon on October 6, 2017, whether defendant Collins will be dismissed from this lawsuit. In addition, counsel for defendants alleged that Catherine Stewart may not have a drivers license or vehicle, which, if true, may call into question the viability of her claim that defendants failed to accommodate her disability by providing her with a handicapped parking space. Attorney Williams will investigate these issues and notify the Court of the results no later than 12:00 noon on October 6, 2017. (Court Reporter: None) (Time: 20 minutes) (P,J) |
| Filing 15 Report of Parties' Planning Meeting Under Fed.R.Civ.P. 26(f) and L.R. 16.3(b), parties do not consent to this case being assigned to the magistrate judge, filed by Linda Collins. (DeMonte, Roland) |
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Order [non-document] regarding plaintiffs' motions to reschedule the case management conference and to extend the deadline for filing initial disclosures. (Doc. Nos. #10 and #11 .) Plaintiffs' motions triggered a flurry of briefing that contained unnecessary and distracting attacks on opposing counsel. The Court will not further address the parties' briefing, except to caution counsel for both sides that the Court expects counsel to conduct themselves in a professional and collegial manner. Plaintiffs' motion regarding initial disclosures is moot. (See Doc. No. #14 .) The case management conference, presently scheduled for September 13, 2017, is rescheduled to 10:00 a.m. on September 26, 2017, with counsel only. The telephone conference will be initiated by plaintiffs' counsel. After all counsel are on line, plaintiffs' counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. Judge Sara Lioi on 9/8/2017.(P,J)
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| Filing 14 Initial Disclosures filed by All Plaintiffs. (Williams, Brian) |
| Filing 13 Reply to response to #11 Motion for extension of Initial Disclosure until September 13, 2017, #10 Motion to continue Initial Case Management Conference filed by All Plaintiffs. (Attachments: #1 Exhibit)(Williams, Brian) |
| Filing 12 Response to #11 Motion for extension of Initial Disclosure until September 13, 2017, #10 Motion to continue Initial Case Management Conference filed by Buckeye Community Thirty Five LP, RLJ Management Co. Inc.. (Crisci, George) |
| Filing 11 Motion for extension of Initial Disclosure until September 13, 2017 filed by Fair Housing Advocates Assoc., Catherine Stewart. (Williams, Brian) |
| Filing 10 Motion to continue Initial Case Management Conference filed by Fair Housing Advocates Assoc., Catherine Stewart. (Williams, Brian) |
| Filing 9 Magistrate Consent Package issued. (P,J) |
| Filing 8 Case Management Conference Scheduling Order. Telephone case management conference, with counsel only, to be held on 9/13/2017 at 1:00 p.m. before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 8/23/2017. All other parties must serve on opposing parties the initial disclosures by 8/30/2017. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 8/9/2017. (Attachments: #1 Report of Parties' Planning Meeting)(P,J) |
| Filing 7 Answer to #1 Complaint, filed by Linda Collins. (DeMonte, Roland) Modified text on 8/9/2017 (T,Je). |
| Filing 6 Answer to #1 Complaint, with Jury Demand filed by Buckeye Community Thirty Five LP, RLJ Management Co. Inc.. (Crisci, George) |
| Filing 5 Return of Service by Clerk by certified mail executed upon RLJ Management Co. Inc. on 5/25/2017, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Plaintiffs. Related document(s) #2 . (D,JJ) |
| Filing 4 Return of Service by Clerk by certified mail executed upon Buckeye Community Thirty Five LP on 5/24/2017; Linda Collins on 5/24/2017, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of All Plaintiffs Related document(s) #2 . (D,JJ) |
| Filing 3 Initial Standing Order. Judge Sara Lioi on 5/23/2017. (P,J) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel at counter for service upon Buckeye Community Thirty Five LP, Linda Collins, RLJ Management Co. Inc. (T,Je) |
| Filing 1 Complaint with jury demand against Buckeye Community Thirty Five LP, Linda Collins, RLJ Management Co. Inc. Filing fee paid, $400.00, receipt # 54660006246 filed by Catherine Stewart, Fair Housing Advocates Assoc. (Attachments: #1 Civil Cover Sheet) (T,Je) |
| Judge Sara Lioi assigned to case. (T,Je) |
| Service by Clerk. Summons and Complaint addressed to Buckeye Community Thirty Five LP (Receipt # 7016 3010 0000 3441 7032), Linda Collins (Receipt # 7016 3010 0000 3441 7018), RLJ Management Co. Inc. (Receipt # 7016 3010 0000 3441 7001) placed in U.S. Mail. Type of service: certified mail. (T,Je) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (T,Je) |
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