Duke's K9 Dash N' Splash, LLC et al. v. Zizka et al.
Plaintiff: Duke's K9 Dash N' Splash, LLC and Michelle Filler
Defendant: John Zizka, Roy Martin, Laura Chartier, Ben Fashing, Dave Bultinck, Mary Helen Smith and Freedom Township Board of Zoning Appeals
Case Number: 5:2024cv00218
Filed: February 5, 2024
Court: US District Court for the Northern District of Ohio
Presiding Judge: Sara Lioi
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2024 Filing 17 Answer to #1 Complaint, with Jury Demand filed by Laura Chartier. (Attachments: #1 Exhibit A - Portage County Court Decision, #2 Exhibit B - Letter to State of Ohio)(McLandrich, John)
March 26, 2024 Filing 16 Service by Clerk. Summons and Complaint addressed to Ben Fashing placed in U.S. Mail. Type of service: Ordinary mail. (B,DL)
March 26, 2024 Filing 15 Second Amended Answer to Plaintiffs' Complaint filed by Dave Bultinck. Related document(s) #11 . (McLandrich, John)
March 25, 2024 Filing 14 Request to Clerk for service upon Ben Fashing by ordinary mail. filed by All Plaintiffs. (Attachments: #1 Certificate of Mailing)(Ward, Barry)
March 25, 2024 Opinion or Order Order [non-document]. The motion of attorney John T. McLanrich (Doc. No. #12 ) for defendant David Bultinck to withdraw as counsel as to any official capacity claim against David Bultinck is granted. Additionally, the motion on behalf of David Bultinck to substitute attorney John T. McLandrich in place of attorneys Alfred E. Schrader and Daniel H. Hovatter as counsel on all other claims (Doc. No. #13 ) is granted. Judge Sara Lioi on 3/25/2024. (V,A)
March 22, 2024 Filing 13 Unopposed Motion to substitute attorneyJohn T. McLandrich in place of attorney Alfred E. Schrader and Daniel H. Hovatter filed by Defendant Dave Bultinck. (McLandrich, John)
March 21, 2024 Filing 12 Motion to Withdraw as Counsel on Any Official Capacity Claim filed by Defendant Dave Bultinck. (McLandrich, John)
March 18, 2024 Filing 11 Amended Answer to Plaintiffs' Complaint filed by Dave Bultinck. Related document(s) #1 . (McLandrich, John)
March 18, 2024 Filing 10 Attorney Appearance by John T. McLandrich filed by on behalf of Dave Bultinck. (McLandrich, John)
March 7, 2024 Filing 9 Answer to #1 Complaint, filed by Freedom Township Board of Zoning Appeals, Roy Martin, John Zizka. (Rogers, Tonya)
March 4, 2024 Filing 8 Answer to #1 Complaint, with Jury Demand filed by Mary Helen Smith. (Kasson, D.)
March 4, 2024 Filing 7 Motion for extension of time until March 29, 2024 to answer Plaintiffs' Complaint filed by Defendant Laura Chartier. (McLandrich, John)
March 4, 2024 Opinion or Order Order [non-document] granting defendant Laura Chartier's #7 motion for extension of time to answer. Defendant Laura Chartier shall have until March 29, 2024 to answer or otherwise respond to the complaint. Judge Sara Lioi on 3/4/2024. (V,A)
February 26, 2024 Filing 6 Answer to #1 Complaint, in his individual and official capacity as a former member of Freedom Township Board of Zoning Appeals Member filed by Dave Bultinck. (Schrader, Alfred)
February 21, 2024 Filing 5 Return of Service by Clerk by certified mail executed upon Dave Bultinck on 2/15/2024; Mary Helen Smith on 2/15/2024; John Zizka on 2/15/2024, filed on behalf of Michelle Filler; Duke's K9 Dash N' Splash, LLC Related document(s) #3 . (P,G)
February 21, 2024 Filing 4 Return of Service by Clerk by certified mail executed upon Laura Chartier on 2/16/2024, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Michelle Filler; Duke's K9 Dash N' Splash, LLC Related document(s) #3 . (P,G)
February 13, 2024 Service by Clerk. Summons and Complaint addressed to Mary Helen Smith placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 0160 0000 7605 8910. (P,G)
February 13, 2024 Service by Clerk. Summons and Complaint addressed to Freedom Township Board of Zoning Appeals placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 0160 0000 7605 8903. (P,G)
February 13, 2024 Service by Clerk. Summons and Complaint addressed to Ben Fashing placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 0160 0000 7605 8866. (P,G)
February 13, 2024 Service by Clerk. Summons and Complaint addressed to Dave Bultinck placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 0160 0000 7605 8873. (P,G)
February 13, 2024 Service by Clerk. Summons and Complaint addressed to Laura Chartier placed in U.S. Mail. Type of service: Certified mail. Receipt # 7019 0160 0000 7605 8859. (P,G)
February 13, 2024 Service by Clerk. Summons and Complaint addressed to John Zizka placed in U.S. Mail. Type of service: Certified mail. Receipt # 7019 0160 0000 7605 8828. (P,G)
February 13, 2024 Service by Clerk. Summons and Complaint addressed to Roy Martin placed in U.S. Mail. Type of service: Certified mail. Receipt # 7019 0160 0000 7605 8835. (P,G)
February 6, 2024 Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Dave Bultinck, Laura Chartier, Ben Fashing, Freedom Township Board of Zoning Appeals, Roy Martin, Mary Helen Smith, John Zizka. (Attachments: #1 Magistrate Consent Form) (E,CK)
February 5, 2024 Filing 2 Corporate Disclosure Statement filed by All Plaintiffs. (Ward, Barry)
February 5, 2024 Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-12392221. Filed by Michelle Filler, Duke's K9 Dash N' Splash, LLC. (Attachments: #1 Exhibit 1 - Letter dated 3/15/2022, #2 Civil Cover Sheet, #3 Summons - Zizka, #4 Summons - Martin, #5 Summons - Chartier, #6 Summons - Fashing, #7 Summons - Bultinck, #8 Summons - Smith, #9 Summons - Freedom Township Board of Zoning Appeal). (Ward, Barry)
February 5, 2024 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (E,CK)
February 5, 2024 Judge Sara Lioi assigned to case. (E,CK)

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Plaintiff: Duke's K9 Dash N' Splash, LLC
Represented By: Robert L. Tucker
Represented By: Barry M. Ward
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Plaintiff: Michelle Filler
Represented By: Robert L. Tucker
Represented By: Barry M. Ward
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Defendant: John Zizka
Represented By: Gregory A. Beck
Represented By: Tonya J. Rogers
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Defendant: Roy Martin
Represented By: Gregory A. Beck
Represented By: Tonya J. Rogers
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Defendant: Laura Chartier
Represented By: John T. McLandrich
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Defendant: Ben Fashing
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Defendant: Dave Bultinck
Represented By: Alfred E. Schrader
Represented By: Daniel H. Hovatter
Represented By: John T. McLandrich
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Defendant: Mary Helen Smith
Represented By: D. Patrick Kasson
Represented By: Evan M. Schantz
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Defendant: Freedom Township Board of Zoning Appeals
Represented By: Tonya J. Rogers
Represented By: Gregory A. Beck
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