Simon v. Severns Valley Baptist Church, Inc. et al
| Malinda Simon |
| Severns Valley Baptist Church, Inc., Paul Simon, Paul J. Simon, Michael Poole and Dr. Raymond Hicks |
| 5:2021cv00929 |
| May 4, 2021 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Bridget Meehan Brennan |
| Carmen E Henderson |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.
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Filing 31
Judgment Entry: For the reasons set forth in the Memorandum Opinion and Order filed contemporaneously with this Judgement Entry, the Court GRANTS Defendants' motions to dismiss. The case is, therefore, terminated in its entirety. Magistrate Judge Carmen E. Henderson on 8/3/2022. (S,KL)
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Filing 30
Memorandum Opinion and Order: The Court GRANTS Defendants' motions (ECF No. #5 , #6 , #23 , #25 ) and DISMISSES the case in its entirety. Magistrate Judge Carmen E. Henderson on 8/3/2022. (S,KL)
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Filing 29
Opposition to #25 Second Motion to Dismiss Case filed by Malinda Simon. (Attachments: #1 Amended Affidavit of Malinda Simon)(Perry, Jeffrey)
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Filing 28
Opposition to #23 Motion to Dismiss filed by Malinda Simon. (Attachments: #1 Amended Affidavit of Malinda Simon)(Perry, Jeffrey)
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Order: [non-document] Plaintiff shall respond to Defendants' (Michael Pool & Raymond Hicks) #23 Motion to Dismiss and Defendant Simon's #25 Second Motion to Dismiss Case by Monday, May 23, 2022. Magistrate Judge Carmen E. Henderson on 5/13/2022. (S,KL)
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Filing 27
Waiver of Service Returned Executed by Malinda Simon. Raymond Hicks waiver sent on 5/6/2022, answer due 7/5/2022 filed on behalf of Malinda Simon (Perry, Jeffrey)
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Filing 26
Waiver of Service Returned Executed by Malinda Simon. Michael Poole waiver sent on 5/6/2022, answer due 7/5/2022 filed on behalf of Malinda Simon (Perry, Jeffrey)
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Filing 25
Second Motion to Dismiss Case and Reply to Plaintiff's #22 Brief in Opposition (with Memorandum in Support) filed by Defendant Paul J. Simon. (Connick, Michael) Modified docket text on 5/13/2022 (G,M).
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Filing 24
Reply in support of #5 Motion to dismiss for lack of jurisdiction, #23 Motion to dismiss filed by Raymond Hicks, Michael Poole, Severns Valley Baptist Church, Inc.. (Morway, Paul)
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Filing 23
Motion to Dismiss filed by Defendants Michael Poole and Raymond Hicks. (Morway, Paul)
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Filing 22
Opposition to #5 Motion to dismiss for lack of jurisdiction, #6 Motion to dismiss for lack of jurisdiction filed by Malinda Simon. (Attachments: #1 Affidavit of Malinda Simon-Dazey, #2 Exhibit- Severns Valley Baptist Church Job Posting)(Perry, Jeffrey)
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Filing 21
Order: This matter is before the Court on Defendant Severns Valley Baptist Church's and Defendant Paul Simon's motions to dismiss. (ECF No. #5 , #6 ). Within 21 days after Defendants filed their motions, Plaintiff amended her Complaint pursuant to Fed. R. Civ. P. 15(a)(1)(B). (ECF No. #7 ). This amendment deems the original Complaint inoperative and Defendants' motions moot. However, because the Amended Complaint does not appear to affect Defendants' arguments, the Court will renew the motions and construe them as motions to dismiss the Amended Complaint. The Court notes that Plaintiff has already indicated that she does not wish to respond and would like to stand on her pleadings. However, because Plaintiff has not had an opportunity to respond to the motions to dismiss the amended complaint, in an abundance of caution, the Court will give Plaintiff 7 days to respond should she choose to do so. Defendants have 7 days to reply thereafter. Magistrate Judge Carmen E. Henderson on 4/26/2022. (W,K)
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Order [non-document] denying at moot Plaintiff's #7 Motion to Amend Complaint Instanter with Proposed Order and Amended Complaint. Under Fed. R. Civ. P. 15(a)(1)(B), a party may amend its pleading as a matter of course within 21 days after service of a motion under Rule 12(b). Plaintiff moved to amend her complaint instanter 18 days after Defendants moved to dismiss the complaint. Accordingly, Plaintiff's Amended Complaint at ECF No. #7 is deemed filed pursuant to Fed. R. Civ. P. 15(a)(1)(B). Magistrate Judge Carmen E. Henderson on 4/26/2022. (W,K)
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Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. Anticipated Case Management Conference converted to Status Conference held on 4/26/2022. Attorney Jeffrey Perry appeared on behalf of Plaintiff. Attorney Paul Morway appeared on behalf of Defendant Severns Valley Baptist Church, Inc. Attorney Michael Connick appeared on behalf of Defendant Paul Simon. Order to follow. Time: 10 minutes (W,K)
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Order: [non-document] Defendant Severns Valley Baptist Church, Inc.'s Motion to Strike Plaintiff's Motion to Amend the Complaint (at ECF No. #8 ) is denied. Under Fed. R. Civ. P. 15(a)(1)(B), Plaintiff may amend her pleading as a matter of course. In the event Defendant wishes to file a separate motion to strike a particular exhibit within the Amended Complaint, Defendant should so move. Magistrate Judge Carmen E. Henderson on 4/26/2022. (W,K)
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Order [non-document] denying defendant's #20 Unopposed Motion to continue Case Management Conference. Magistrate Judge Carmen E. Henderson on 4/25/2022.(W,K)
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Filing 20
Unopposed Motion to continue Case Management Conference filed by Defendant Severns Valley Baptist Church, Inc.. (Morway, Paul)
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Filing 19
Case Management Conference Scheduling Order with case management conference to be held telephonically on 4/26/2022 at 02:30 PM before Magistrate Judge Carmen E. Henderson. Lead counsel shall participate in the CMC. Dial-in information shall be provided to counsel of record via email. Magistrate Judge Carmen E. Henderson on 4/19/2022. (Attachments: #1 Report of Parties' Planning Meeting)(W,K)
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Filing 18
Consent of the parties to this case being transferred to the docket of Magistrate Judge Carmen E. Henderson for further proceedings. Related Document #17 . Judge Bridget Meehan Brennan on 4/19/2022. (R,AP)
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Magistrate Judge Carmen E. Henderson assigned to case, pursuant to consent. Judge Bridget Meehan Brennan terminated. Related document(s) #18 . (H,Ch)
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Filing 17
Consent To Exercise Of Jurisdiction By A United States Magistrate Judge filed by Malinda Simon. (Perry, Jeffrey)
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Filing 16
Minutes of proceedings before Judge Bridget Meehan Brennan. Telephonic Status Conference held on 4/15/22. All counsel restated that their clients consent to this case being referred to a magistrate, as reflected in ECF No. #13 . The Court informed counsel that once the parties execute the consent form, which the Court will provide to the parties as an attachment to this entry, the Court will issue the necessary order. (Court Reporter: None.) Time: 5 minutes. (Attachments: #1 Magistrate Consent Form) (R,AP)
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IMPORTANT: Notice [non-document] of Status Conference set for 4/15/2022 at 10:00 AM to be held telephonically before Judge Bridget Meehan Brennan. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on the line, plaintiff's counsel is to place the call to the Chambers of the Honorable Bridget Meehan Brennan at (216) 357-7200. (R,AP)
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Filing 15
Motion to continue Status Conference filed by Defendant Severns Valley Baptist Church, Inc.. (Morway, Paul)
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Order [non-document] granting Motion to continue 03/03/2022 Telephonic Status Conference. (Related Doc #15 ). Judge Bridget Meehan Brennan on 03/02/2022. (R,AP)
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IMPORTANT: Notice [non-document] of Status Conference set for 3/3/2022 at 01:00 PM to be held telephonically before Judge Bridget Meehan Brennan. 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 Bridget Meehan Brennan at (216) 357-7200. (S,KM)
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Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. (R,EM)
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Minutes of proceedings[non-document] before Judge John R. Adams. Telephonic Case Management Conference held on 12/15/21. Case has not been assigned to a track at this time. (Court Reporter: Caroline Mahnke.)Time: 38 Mins. (K,C)
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Filing 14
Initial Disclosures filed by Severns Valley Baptist Church, Inc.. (Morway, Paul)
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Filing 13
Report of Parties' Planning Meeting - parties consent to this case being assigned to the magistrate judge, filed by Malinda Simon. (Perry, Jeffrey)
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Filing 12
Marginal Entry Order granting Defendant's Motion to continue (Related Doc #11 ) with telephonic case management conference rescheduled to 12/15/2021 at 10:30 AM before Judge John R. Adams. Judge John R. Adams on 11/23/2021.(L,J)
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Filing 11
Motion to continue Case Management Conference filed by Defendant Paul Simon. (Connick, Michael)
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Filing 10
Case Management Conference Scheduling Order with telephonic case management conference to be held on 12/6/2021 at 02:30 PM before Judge John R. Adams. Judge John R. Adams on 11/10/2021. (Attachments: #1 Report of Parties' Planning Meeting, #2 Local Rule 30.1, #3 Magistrate Consent Form, #4 Budget, #5 ECF Policies and Procedures)(L,J)
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Filing 9
Reply in support of #7 Motion to amend complaint filed by Malinda Simon. (Perry, Jeffrey)
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Filing 8
Memorandum in Opposition to #7 Motion to amend complaint with Corresponding Motion to Strike Plaintiff's #7 Motion to amend complaint filed by Severns Valley Baptist Church, Inc. (Morway, Paul) Modified to add motion on 8/20/2021 (M,TL).
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Filing 7
Motion to Amend Complaint Instanter with Proposed Order and Amended Complaint filed by Plaintiff Malinda Simon. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit)(Perry, Jeffrey)
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Filing 6
Motion to dismiss for lack of jurisdiction filed by Defendant Paul Simon. (Connick, Michael) Modified motion type on 7/22/2021 (M,TL).
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Filing 5
Motion to dismiss for lack of jurisdiction filed by Defendant Severns Valley Baptist Church, Inc. (Morway, Paul) Modified motion event on 7/22/2021 (M,TL).
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Filing 4
Waiver of Service Returned Executed by Severns Valley Baptist Church, Inc.. Severns Valley Baptist Church, Inc. waiver sent on 5/4/2021, answer due 7/5/2021 filed on behalf of Severns Valley Baptist Church, Inc. (Stadler, David)
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Filing 3
Waiver of Service Returned Executed by Paul Simon. Paul Simon waiver sent on 5/4/2021, answer due 7/5/2021 filed on behalf of Paul Simon (Connick, Michael)
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Filing 2
Magistrate Consent Form issued. No summons provided or issued. (M,TL)
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Judge John R. Adams assigned to case. (M,TL)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (M,TL)
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Filing 1
Complaint with jury demand against Severns Valley Baptist Church, Inc., Paul Simon. Filing fee paid $ 402, Receipt number AOHNDC-10815688.. Filed by Malinda Simon. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit) (Perry, Jeffrey)
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