Cleavenger et al v. City of Barberton et al
| Todd Cleavenger doing business as TNS Promotions doing business as Fast Lanes doing business as Ohio Specialized Inv, Thaiden Cleavenger, Ohio Specialized Investments, Ltd., Shawn Williams, Todd Cleavenger doing business as Prime Suites doing business as TNS Promotions doing business as Fast Lanes doing business as Ohio Specialized Inv and Thaiden Cleavenger, and/or Todd Cleavenger, Gaurdian, For, on Behalf of |
| Brian Davis, Michael Green, Summit County Sheriff's Office, John and Jane Does, William Judge, Summit County Ohio, Vince Morber, Lisa Miller, Robert Russell, Sheriff Steve Barry, City of Barberton, Robert Mingle, Ty Graham, Herbert Shields, B. Creswell, Amanda Shields and Joseph Mittica |
| 5:2021cv00557 |
| March 10, 2021 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on April 30, 2021. A more recent docket listing may be available from PACER.
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Filing 16
Judgment Entry: For the reasons stated in the contemporaneously filed order, this action is dismissed pursuant to Fed. R. Civ. P. 41(a)(2). Plaintiffs are reminded that if they attempt to initiate new proceedings against Defendants, they may be required to pay costs associated with this action, and that any new case may be stayed pending payment of those costs.Signed by Judge Benita Y. Pearson on 4/30/2021. (S,SR)
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Filing 15
Order of Case Dismissal. As the Court is dismissing this case, the Barberton City Defendants' Motion for extension of time until May 26, 2021 to answer Amended/Supplemental Complaint (ECF No. #14 ) is denied asmoot. Related document #13 . Signed by Judge Benita Y. Pearson on 4/30/2021. (S,SR)
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| Copy of #15 Order Dismissing Case and #16 Judgment Entry, mailed to Todd Cleavenger #A763634 at Richland Correctional Institution P.O. Box 8107 Mansfield, OH 44901 on 4/30/2021. (S,SR) |
| Filing 14 Motion for extension of 30 days until May 26, 2021 to answer Amended/Supplemental Complaint filed by City of Barberton, Brian Davis, Michael Green, William Judge, Lisa Miller, Robert Mingle, Vince Morber, Robert Russell, Herbert Shields. (Williams, Terence) |
| Filing 13 Notice of Filing of Civ. R. 41(A) Dismissal in State Court Matter filed by City of Barberton, Brian Davis, Michael Green, William Judge, Lisa Miller, Robert Mingle, Vince Morber, Robert Russell, Herbert Shields. (Attachments: #1 State Court Notice of Dismissal)(Williams, Terence) |
| Filing 12 Answer filed by Ty Graham, Joseph Mittica. Related document(s) #1 , #9 . (Attachments: #1 Exhibit Sentencing Entry dated 8-6-19) (Sims, Colleen) |
| Filing 11 Answer filed by Amanda Shields. (Mazgaj, Frank) |
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Filing 10
Order granting Plaintiffs' Motion to supplement or amend their complaint (ECF No. #9 ), and denying Defendants Grahm and Mittica's Response in Opposition (ECF No. #6 ) and Defendants' Barberton, Davis, Green, Judge, Miller, Mingle, Morber, and Russell's Motions for Judgment on the Pleadings (ECF No. [5)] and to Strike or For a More Definite Statement (ECF No. #8 ). The Court will conduct the required review of Plaintiffs' (collective) operative Complaint under 28 U.S.C. 1915A. Should the operative Complaint survive 1915A screening, the Court will schedule a Case Management Conference. The Clerk's Office is ordered to consider ECF Nos. #9 -1 and #9 -2 as supplements to the Complaint, ECF No. #1 -2. Collectively, those documents are the operative Complaint. Judge Benita Y. Pearson on 4/12/2021. (JLG)
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| Copy of #10 Order mailed to Plaintiff Todd Cleavenger #A763634, Richland Correctional Institution, P.O. Box 8107, Mansfield, OH 44901 on 4/12/2021. Related document(s) #10 . (JLG) |
| Filing 9 Notice of Filing of Plaintiffs Motion to Supplement and/or Amend Complaint and Exhibits filed by City of Barberton, Brian Davis, Michael Green, William Judge, Lisa Miller, Robert Mingle, Vince Morber, Robert Russell. (Attachments: #1 Exhibit Ps MTAmnd Complaint, #2 Exhibit Ps Exhibit to MTAmd Complaint)(Williams, Terence) |
| Filing 8 Motion to strike Amended/Supplemental Complaint or for More Definite Statement filed by City of Barberton, Brian Davis, Michael Green, William Judge, Lisa Miller, Robert Mingle, Vince Morber, Robert Russell. (Williams, Terence) |
| Filing 7 Answer to Supplemental Complaint, (Related Doc #1 ) filed by Steve Barry, Summit County Sheriff's Office. (Sims, Colleen) |
| Filing 6 Opposition to Motion to Supplement or Amend Complaint; or in the Alternative Motion to Dismiss per FRCP 12(b)(6) filed by Ty Graham, Joseph Mittica. (Sims, Colleen) |
| Filing 5 Motion for judgment on the pleadings filed by City of Barberton, Brian Davis, Michael Green, William Judge, Lisa Miller, Robert Mingle, Vince Morber, Robert Russell. (Attachments: #1 Brief in Support, #2 Exhibit A - Indictment, #3 Exhibit B - 8-6-19 Journal Entry)(Williams, Terence) |
| Filing 4 Answer to Complaint filed by Steve Barry, Summit County Sheriff's Office. (Attachments: #1 Exhibit Certified Copy of Plaintiff's Conviction)(Sims, Colleen) |
| Filing 3 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by City of Barberton, Brian Davis, Michael Green, William Judge, Lisa Miller, Robert Mingle, Vince Morber, Robert Russell. (Williams, Terence) |
| Filing 2 Magistrate Consent Form issued. (O,K) |
| Filing 1 Notice of Removal from Summit County Court of Common Pleas, case number CV-2021-01-0326 with jury demand, Filing fee paid $ 402, receipt number BOHNDC-10710103. Filed by City of Barberton, William Judge, Vince Morber, Robert Russell, Brian Davis, Robert Mingle, Michael Green and Lisa Miller. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Summons, #4 Pleading) (Williams, Terence). |
| Judge Benita Y. Pearson assigned to case. (O,K) |
| 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. (O,K) |
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