Endres v. Northeast Ohio Medical University et al
| J Endres |
| Sandra Emerick, Northeast Ohio Medical University Board of Trustees, Northeast Ohio Medical University, Jay A Gershen and Jay A. Gershen |
| 5:2017cv02408 |
| November 16, 2017 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Portage |
| Sara Lioi |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 2, 2019. A more recent docket listing may be available from PACER.
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| Filing 37 Notice of Substitution of Counsel removing attorney Anthony J. Farris and adding attorney Rory P. Callahan filed by on behalf of All Defendants. (Callahan, Rory) |
| Filing 36 Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 10/15/2019; Deadline for completing non-expert discovery 4/30/2020; 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 5/29/2020; Deadline to identify rebuttal experts and provide reports 6/30/2020; Deadline for completing expert discovery 7/31/2020; Deadline for filing dispositive motions 8/31/2020; Deadline for filing oppositions to motions 9/24/2020; Deadline for filing replies to responses 10/15/2020; Status Conference set for 5/5/2020 at 11:30 a.m.; Final Pretrial Conference set for 1/14/2021 at 1:30 p.m.; Jury Trial set on two week standby period beginning 2/1/2021 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 9/26/2019. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (D,S) |
| Filing 35 True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Court's dismissal of Endres's complaint, and Affirm the District Court's alternative holding that Emerick is immune from monetary damages on Endress 1983 claim re #32 Notice of Appeal (USCA# 18-3825). Date issued as mandate 9/25/19, Costs: None (H,SP) |
| Filing 34 Proposed Case Management Plan filed by J Endres (Document unsigned/ No signature block). (Marshall, John) Modified to note document unsigned on 10/2/2019 (T,Je). |
| Filing 33 Information Copy of opinion from USCA for the Sixth Circuit: Reversing the District Court's dismissal of Endres's complaint, and Affirm the District Court's alternative holding that Emerick is immune from monetary damages on Endress 1983 claim re #32 Notice of Appeal (USCA# 18-3825). This is not a mandate order. Circuit Judges: Merritt, Kethledge, and Nalbandian. Date issued by USCA 8/30/19. (Attachments: #1 Judgment) (H,SP) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #32 Notice of Appeal (USCA# 18-3825). Date filed in USCA 8/31/18. (H,SP) |
| Filing 32 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #30 Memorandum Opinion and #31 Judgment Entry of 8/22/18, filed by J Endres. (Filing fee $505 paid, receipt number 0647-8879507) (Marshall, John) |
| Filing 31 Judgment Entry: For the reasons set forth in the contemporaneously filed Memorandum Opinion, this case is dismissed because the claims are time-barred. Case closed, with each party to bear its own costs. (Related Doc. Nos. #24 , #30 ). Judge Sara Lioi on 8/22/2018. (P,J) |
| Filing 30 Memorandum Opinion: Defendants' motion to dismiss (Doc. No. #24 ) is granted. Judge Sara Lioi on 8/22/2018. (P,J) |
| Filing 29 Notice of Filing Amended Exhibits to #27 Opposition to #24 Motion to Dismiss filed by J Endres. (Attachments: #1 Appendix A- Field Test, #2 Appendix B- Proctors Report & CAAP Hearing Result, #3 Appendix C- Exclusion of Evidence, #4 Appendix D- Undisclosed Evidence Thewissen Analysis, #5 Appendix E- Undisclosed Evidence Memo dated November 2, 2015, #6 Appendix F- Trauben Declaration , #7 Appendix G- Ramos Declaration, #8 Appendix H- Excluded Statistical Data) .(Marshall, John) Modified to describe exhibits on 4/10/2018 (S,HR). |
| Filing 28 Reply in support of #24 Motion to dismiss for failure to state a claim filed by All Defendants. (Marti, Todd) |
| Filing 27 Opposition to #24 Motion to dismiss for failure to state a claim filed by J Endres. (Attachments: #1 Exhibit Field Test, #2 Exhibit Proctor's Report, #3 Exhibit Exclusion of Evidence, #4 Exhibit Thewissen Analysis, #5 Exhibit Concealed Report, #6 Exhibit Trauben Declaration, #7 Exhibit Ramos Declaration, #8 Exhibit Excluded Statistical Analysis)(Marshall, John) |
| Filing 26 FILING ERROR.Opposition to #24 Motion to dismiss for failure to state a claim filed by J Endres. (Attachments: #1 Appendix)(Marshall, John) Filer advised to refile with exhibits broken up and described. (S,HR). |
| Filing 25 Appendix to Motion to Dismiss filed by All Defendants. Related document(s) #24 . (Marti, Todd) |
| Filing 24 Motion to dismiss for failure to state a claim (and memorandum in support filed by Sandra Emerick, Jay A. Gershen, Northeast Ohio Medical University, Northeast Ohio Medical University Board of Trustees. Related document(s) #23 . (Marti, Todd) Modified on 2/23/2018 (S,HR). |
| Filing 23 First Amended complaint against all defendants filed by J Endres. (Marshall, John) |
| Filing 22 Consent to Amended Complaint and Acceptance of Service filed by all defendants.(Related #21 .) (Marti, Todd) Modified text on 2/21/2018 (S,HR). |
Order [non-document] granting plaintiff's unopposed Motion to amend the complaint (Related Doc #21 ); plaintiff shall forthwith separately file the complaint that was attached to the motion. Judge Sara Lioi on 2/20/2018. (D,S)
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| Filing 21 Motion for leave to file first amended complaint (with memorandum in support) filed by Plaintiff J Endres. (Attachments: #1 Proposed First Amended Complaint)(Marshall, John) Modified on 2/20/2018 (S,HR). |
| Filing 20 Notice of Attorney Appearance by John S. Marshall and Edward R. Forman on behalf of J Endres. (Marshall, John) Modified on 2/20/2018 (S,HR). |
| Filing 19 Certificate of Service of the Court's February 15, 2018 Order filed by J Endres. (Murray, J.) |
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Filing 18
Order granting motion of plaintiff's current counsel for leave to withdraw as counsel for plaintiff and to substitute the law firm of Marshall and Forman of Columbus, Ohio and attorneys John S. Marshall and Edward R. Forman, provided new counsel make their formal appearance by no later than seven business days from the date of this order and further provided that new counsel agree to comply with all current deadlines set in this case. Withdrawing counsel shall serve a copy of this order on substituted counsel and shall file a certificate of such service. (Related Doc. No. #17 .) Judge Sara Lioi on 2/15/2018.(P,J)
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| Filing 17 Motion for Leave to Withdraw Attorneys Andrew T. Miltenberg, Diana R. Warshow, and Michael Murray and Substitute Attorneys John S. Marshall, Edward R. Forman, and John S. Marshall on behalf of Plaintiff J Endres. (Murray, J.) Modified text on 2/14/2018 (S,HR). |
| Minutes of proceedings[non-document]. The Case Management Conference was conducted by telephone on 1/31/18 by Judge Sara Lioi. Attorneys Diana Warshow and J. Michael Murray participated on behalf of plaintiff; Attorneys Todd Marti and Anthony Farris participated on behalf of defendants. No parties were required to participate. Defendants advised the Court that they plan to promptly file a motion for judgment on the pleadings. Such motion shall be due by 2/23/18, with any opposition due by 3/16/18, and any reply due by 4/6/18. After the motion is resolved, the Court will reschedule the Case Management Conference, if necessary, to set further deadlines. (Court reporter: None) (Time: 15 minutes) (P,J) |
| Filing 16 Preliminary Estimate of Amount of Anticipated Attorneys Fees and Expenses filed by J Endres. (Miltenberg, Andrew) Modified text on 1/31/2018 (S,HR). |
| Filing 15 Report of Parties' Planning Meeting (signed version) - parties do not consent to this case being assigned to the magistrate judge, filed by J Endres. (Miltenberg, Andrew) Modified on 1/30/2018 (S,HR). |
| Filing 14 Report of Parties' Planning Meeting (unsigned) - parties do not consent to this case being assigned to the magistrate judge, filed by J Endres. (Miltenberg, Andrew) Modified on 1/29/2018 (S,HR). |
| Filing 13 Attorney Appearance by Anthony J. Farris on behalf of all defendants. (Farris, Anthony) |
| Filing 12 Magistrate Consent Package issued. (P,J) |
| Filing 11 Case Management Conference Scheduling Order. Telephone case management conference, with counsel only, to be held on 1/31/2018 at 10:00 a.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 1/10/2018. All other parties must serve on opposing parties the initial disclosures by 1/17/2018. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 12/28/2017. (Attachments: #1 Report of Parties' Planning Meeting)(P,J) |
| Filing 10 Answer to #1 Complaint filed by all defendants. (Marti, Todd) Modified filers on 12/28/2017 (S,HR). |
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Order [non-document] granting motion for appearance pro hac vice by attorney Diana R. Warshow for J Endres. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #8 ). Judge Sara Lioi on 12/11/2017.(P,J)
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| Filing 9 Response to Clerk's Notice regarding Corporate Disclosure Statement filed by all Defendants. (Marti, Todd) Modified on 12/11/2017 (S,HR). |
| Filing 8 Motion for attorney Diana R. Warshow to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8441548, filed by Plaintiff J Endres. (Attachments: #1 Affidavit of Diana R. Warshow)(Murray, J.) |
| Notice by Clerk that Northeast Ohio Medical University failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,HR) |
| Filing 7 Unopposed Motion for extension of time until 01/02/2018 to answer filed by Sandra Emerick, Jay A. Gershen, Northeast Ohio Medical University, Northeast Ohio Medical University Board of Trustees. Related document(s) #1 . (Marti, Todd) |
| Filing 6 Notice of Attorney Appearance by Todd R. Marti on behalf of all defendants. (Marti, Todd) |
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Order [non-document] granting #7 defendants' Motion for Extension of Time until 1/2/2018 to move or otherwise plead re #1 Complaint. Judge Sara Lioi on 1/29/2017. (D,S)
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| Filing 5 Return of Service by Clerk by certified mail executed upon Sandra Emerick on 11/22/2017; Jay A. Gershen on 11/22/2017; Northeast Ohio Medical University on 11/21/2017; Northeast Ohio Medical University Board of Trustees on 11/21/2017, filed on behalf of J Endres Related document(s) #2 . (P,G) |
| Filing 4 Initial Standing Order. Judge Sara Lioi on 11/20/2017. (P,J) |
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Order [non-document] granting motion for appearance pro hac vice by attorney Andrew T. Miltenberg for plaintiff J Endres. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #3 ). Judge Sara Lioi on 11/20/2017.(P,J)
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| Filing 3 Motion for attorney Andrew T. Miltenberg to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8420533, filed by Plaintiff J Endres. (Attachments: #1 Affidavit of Andrew T. Miltenberg)(Murray, J.) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon Sandra Emerick, Jay A. Gershen, Northeast Ohio Medical University, Northeast Ohio Medical University Board of Trustees. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| 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 George J. Limbert. (M,TL) |
| Service by Clerk. Summons and Complaint addressed to Sandra Emerick Receipt # 70062760000357576656, Jay A. Gershen Receipt # 70062760000357576663, Northeast Ohio Medical University Receipt # 70121640000201651103, Northeast Ohio Medical University Board of Trustees Receipt # 70121640000201651141 placed in U.S. Mail. Type of service: certified mail. (S,SR) |
| Filing 1 Complaint with jury demand against Sandra Emerick, Jay A. Gershen, Northeast Ohio Medical University, Northeast Ohio Medical University Board of Trustees. Filing fee paid $ 400, receipt number 0647-8419142, filed by J Endres. (Attachments: #1 Civil Cover Sheet, #2 Summons of Sandra Emerick, #3 Summons of Jay A. Gershen, #4 Summons of Northeast Ohio Medical University Board of Trustees, #5 Summons Northeast Ohio Medical University, #6 Exhibit A - Student Handbook, #7 Exhibit B - Proctor's Report, #8 Exhibit C - Room Configuration, #9 Exhibit D - Investigation Report, #10 Exhibit E - Hearing Result) (Murray, J.) |
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