Kammeyer, et al v. City of Sharonville, et al
| Patricia Kammeyer, James - Wright, Jan Lorraine Miller and Sue Ranielle Baker |
| City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz, Audrey Stevens and Bruce NMI Wright |
| Ham Cty Prosecutor Michael K Allen, John Jay, Terry Gaines, Dale Dorning, North East Insurance Company, Folksamerica Reinsurance Company, United National Insurance Company, Scottsdale Insurnance Company and Ohio Government Risk Management Plan |
| 1:2001cv00649 |
| September 25, 2001 |
| U.S. District Court for the Southern District of Ohio |
| S Arthur Spiegel |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
This docket was last retrieved on March 25, 2008. A more recent docket listing may be available from PACER.
| Document Text |
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| Sealed depositions re Notice #345 retrieved by counsel on 3/20/2008. (km1, ) |
| Filing 345 NOTICE from Court re disposal of sealed depositions pursuant to Local Rule 79.2(a). Counsel instructed to contact chambers within 20 days to make arrangements to retrieve these items. (km1, ) |
| Remark - pursuant to Court Order #344 , the In Camera documents previously submitted to the Court 51 #173 have been returned to the custody of the Sharonville Police Department this date. (km1, ) |
Filing 344
AGREED ORDER - by agreement of the parties and for good cause shown, the Court hereby authorizes the City of Sharonville, Ohio to remove from the Court all confidential law enforcement files previously submitted pursuant to this Court's Order of 9/6/2002 40 . Signed by Judge S Arthur Spiegel on 11/28/2006. (km1, )
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Filing 343
ORDER OF DISMISSAL - For the reasons contained in the Settlement Agreement and General Release between the parties, which is incorporated herein, thePlaintiffs dismiss, with prejudice, their claims asserted in this action against the defendant City of Sharonville and James Cramer, William Nuss and Michael Schappa, including those claims previously dismissed without prejudice as to each of these parties. The Court will retain jurisdiction over the Liability Settlement Agreement for purposes of enforcing the defendant's obligations agreed to therein. As otherwise set forth by this Court in the Order establishing Qualified Settlement Fund, the Fund Administrator shall settle all claims of Plaintiffs, the Plaintiffs having not yet received final allocation among themselves as to their respective shares of compensation referred to in the Liability Settlement Agreement and as to the form of distribution of each Plaintiff's share of said amount. The Court further finds that the defendant and its insurers have held the agreed upon settlement funds in such fashion that no Plaintiff has any right, title or interest in said fund,no such person being in actual or constructive receipt of the settlement proceeds in whole or in part. The Court further finds that the proceeds have been held by defendant or its insurers for the purpose of funding an account, which shall be the Fund's account, to enable the Fund to meet the payment obligation to be created under the Qualified Settlement Fund Agreement between the Fund and the Plaintiffs. Neither defendant nor any of its insurers have the right to demand any refund of the settlement proceeds deposited with the Fund.The defendant and each of its insurers who contributed to the Fund shall providethe Fund Administrator's statement required under Treas. Reg. Section 1.468(B-3)(e)(2), stating the amount transferred to the Fund, including the identifying information of the transferor and the Fund (name, address and taxpayer identification number), the date of transfer, and the amount transferred. Said statement shall be provided by February 15 of the year following the date ofthis Order. Signed by Judge S Arthur Spiegel on 11/8/2006. (Attachments: #1 Settlement Agreement and General Release)(km, )
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Filing 342
ORDER of USCA as to #313 Notice of Appeal, #314 Notice of Appeal, #315 Notice of Appeal, #316 Notice of Appeal, #317 Notice of Appeal, granting motion to voluntarily dismiss the appeal. (scot, )
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Filing 341
ORDER granting #340 Motion for Order to Establish Qualified Settlement Fund and Appoint Fund Administrator. The Court hereby Orders as follows:(1) The Kammeyer Qualified Settlement Fund shall be established as a QualifiedSettlement Fund within the meaning of Treasury Regulation Section 1.468B-1 and pursuant to this Court's subject matter jurisdiction under Treas. Reg. Section 1.468B-1 (c)(l); (2) Matthew L. Garretson of The Garretson Law Firm is appointed as Fund Administrator pursuant to the terms, conditions and restrictions of the Motion to Establish Qualified Settlement Fund and Appoint Fund Administrator, and said Fund Administrator is given the authority to conduct any and all activities necessary to administer this Fund asdescribed in said Motion; (3) Any alleged civil liability or actual civil liability of any at-fault party participating in the Fund (according to its terms) with respect to any injury and with respect to those claimantswho have alleged damages, injuries and other related claims as a result of the Incident (as defined in the motion), is extinguished, except for any wrongful death claims plaintiffs may wish to bring against Albert Schuholz for the murder of their mothers which are not extinguished; (4) The Fund is authorized to enter into Fund Agreements with persons claiming damages or injury as a result of the Incident, including the use of settlements with periodicpayments in a manner prescribed and approved by this Court; (5) The Fund is authorized to effect qualified assignments of any resulting structuredsettlement liability within the meaning of Section 130(c) of the Internal Revenue Code to the qualified assignee; (6) The Fund Administrator is authorized, upon completion of all Fund Agreements and final distribution of all monies paid into the Fund, to take appropriate steps to wind-downthe fund, and thereafter the Fund Administrator is discharged from any further responsibility with respect to the Fund. Signed by Judge S Arthur Spiegel on 10/3/2006. (km, )
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| Filing 340 MOTION for Order to Establish Qualified Settlement Fund and Appoint Fund Administrator by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Filing 339 RESPONSE in Opposition re #333 MOTION in Limine to Admit Testimony of Simon Leis on Routine Business Practice per Fed. R. Evid. 406 filed by Defendant City of Sharonville. (Barbiere, Lawrence) |
| Filing 338 MOTION to Quash Subpoenas Directed to Non-Parties Simon L. Leis, jr., John Jay, Terry Gaines and Richard Gibson by Movants John Jay, Terry Gaines. (Attachments: #1 Exhibit A-Order#2 Exhibit B-Subpoena issued to Simon Leis, Jr.#3 Exhibit C-Subpoena issued to Terry Gaines#4 Exhibit D-Subpoena issued to Richard Gibson#5 Exhibit E-Subpoena issued to John Jay#6 Affidavit F-Affidavit of Richard Gibson)(Vollman, Mark) |
| Filing 337 NOTICE of Hearing: Voir Dire set for 12/1/2006 10:00 AM in Courtroom 708 before Magistrate Judge Timothy S. Black. (km, ) |
| Filing 336 NOTICE of Hearing:Two-Week Jury Trial RESET for 12/5/2006 09:30 AM in Courtroom 842 before S Arthur Spiegel. (km, ) |
| Filing 335 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller of Filing Return of Subpoena served upon Coroner O'Dell Owens (Laufman, Paul) |
| Minute Entry for proceedings held before Judge S Arthur Spiegel: Status Conference held on 9/8/2006. (km, ) |
| Filing 334 NOTICE by Plaintiff James - Wright of filing return of service on subpoena to James Cramer, Dale Dorning, John Jay, Terry Gaines, Richard Gibson, and Simon Leis, Jr. (Laufman, Paul) |
| Filing 333 MOTION in Limine to Admit Testimony of Simon Leis on Routine Business Practice per Fed. R. Evid. 406 by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Laufman, Paul) |
Filing 332
ORDER of USCA as to #314 Notice of Appeal filed by Folksamerica Reinsurance Company,, #316 Notice of Appeal, filed by Scottsdale Insurnance Company,, #313 Notice of Appeal, filed by Ohio Government Risk Management Plan,, #315 Notice of Appeal, filed by United National Insurance Company,, #317 Notice of Appeal, filed by North East Insurance Company denying motion to stay the trial pending appeal. (scot1, )
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Filing 331
OPINION AND ORDER denying #318 Motion to Stay. Signed by Judge S Arthur Spiegel on 7/20/2006. (km, )
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| Filing 330 TRANSCRIPT REQUEST by Movant Folksamerica Reinsurance Company re USCA Case Number (Georgiton, Peter) |
Filing 329
NOTATION ORDER granting #327 Stipulation of Dismissal of official capacity claim against defendant Schappa. Signed by Judge S Arthur Spiegel on 6/12/2006. (km, )
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| USCA Case Number 06-3812 for #314 Notice of Appeal filed by Folksamerica Reinsurance Company. (scot, ) |
| USCA Case Number 06-3810 for #313 Notice of Appeal, filed by Ohio Government Risk Management Plan. (scot, ) |
| USCA Case Number 06-3814 for #316 Notice of Appeal, filed by Scottsdale Insurnance Company. (scot, ) |
| USCA Case Number 06-3813 for #315 Notice of Appeal, filed by United National Insurance Company. (scot, ) |
| USCA Case Number 06-3815 for #317 Notice of Appeal, filed by North East Insurance Company. (scot, ) |
| Filing 328 REPLY to Response to Motion re #318 MOTION to Stay filed by Movants North East Insurance Company, Folksamerica Reinsurance Company, United National Insurance Company, Scottsdale Insurnance Company, Ohio Government Risk Management Plan. (Zamary, Kimberly) |
| Filing 327 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Defendant City of Sharonville of stipulation of dismissal of official capacity claim against defendant Schappa (Gerhardstein, Alphonse) Modified pdf document. Attorney notified Clerk of missing electronic signatures. Clerk replaced pdf to reflect electronic signatures on 6/9/2006 (mvl, ). |
| Notice of Correction in re: #327 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Defendant City of Sharonville of stipulation of dismissal of official capacity claim against defendant Schappa Modified pdf document. Attorney notified Clerk of missing electronic signatures. Clerk replaced pdf to reflect electronic signatures. (mvl, ) |
| Filing 326 RESPONSE to Motion re #318 MOTION to Stay filed by Defendant City of Sharonville. (Keating, Thomas) |
| Filing 325 RESPONSE in Opposition re #318 MOTION to Stay filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Laufman, Paul) |
Filing 324
FINAL PRETRIAL ORDER (APPROVED). Signed by Judge S Arthur Spiegel on 5/31/2006. (km, )
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| Filing 323 TRANSCRIPT REQUEST Order Form by Movant United National Insurance Company. (Wilson, Holly) |
| Filing 322 TRANSCRIPT REQUEST by Movant North East Insurance Company. (Zamary, Kimberly) |
| Filing 321 TRANSCRIPT REQUEST by Movant Folksamerica Reinsurance Company re #314 Notice of Appeal (Georgiton, Peter) |
| Filing 320 TRANSCRIPT REQUEST by Movant Ohio Government Risk Management Plan (Sanderson, Michael) |
| Filing 319 TRANSCRIPT REQUEST Transcript Order Form by Movant Scottsdale Insurnance Company. (Wildermuth, Brian) |
| Filing 318 MOTION to Stay by Movants North East Insurance Company, Folksamerica Reinsurance Company, United National Insurance Company, Scottsdale Insurnance Company, Ohio Government Risk Management Plan. (Zamary, Kimberly) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #316 Notice of Appeal. (scot, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #315 Notice of Appeal. (scot, ) |
| Notice of Correction - Pursuant to the current CM/ECF polices and procedures, the Proposed Pretrial Order (formerly doc. 318) should have been submitted by e-mail to judge's chambers. The document has been saved to file and printed for the Court's use. The document has been deleted from the Court's docket. (km, ) |
| USCA Appeal Fees received $ 455 receipt number 430650 re #316 Notice of Appeal, filed by Scottsdale Insurnance Company, (scot, ) |
| USCA Appeal Fees received $ 455 receipt number 430651 re #315 Notice of Appeal, filed by United National Insurance Company, (scot, ) |
| Filing 317 NOTICE OF APPEAL as to #307 Order on Motion to Quash, Order on Motion to Vacate, Order on Motion for Summary Judgment,,, Order on Motion to Intervene, Order on Motion for Order to, Order on Motion to Dismiss,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by Movant North East Insurance Company. Filing fee $ 455. (Schoeni, Kenneth) Additional attachment(s) added on 5/26/2006 (scot, ). |
| (FORMERLY DOC. 318) Proposed Pretrial Order by all parties by Plaintiff Patricia Kammeyer. (Gerhardstein, Alphonse) Docket Text Modified on 5/26/2006 (km, ). |
| USCA Appeal Fees received $ 455 receipt number 430642 re #317 Notice of Appeal, filed by North East Insurance Company. (scot, ) |
| Filing 316 NOTICE OF APPEAL as to #307 Order on Motion to Quash, Order on Motion to Vacate, Order on Motion for Summary Judgment,,, Order on Motion to Intervene, Order on Motion for Order to, Order on Motion to Dismiss,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by Movant Scottsdale Insurnance Company. Filing fee $ 455. (Wildermuth, Brian) Additional attachment(s) added on 5/26/2006 (scot, ). |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #313 Notice of Appeal, (scot, ) |
| USCA Appeal Fees received $ 455 receipt number 430640 re #313 Notice of Appeal, filed by Ohio Government Risk Management Plan, (scot, ) |
| Filing 315 NOTICE OF APPEAL as to #307 Order on Motion to Quash, Order on Motion to Vacate, Order on Motion for Summary Judgment,,, Order on Motion to Intervene, Order on Motion for Order to, Order on Motion to Dismiss,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by Movant United National Insurance Company. Filing fee $ 455. Appeal Record due by 6/22/2006. (Wilson, Holly) Additional attachment(s) added on 5/26/2006 (scot, ). |
| Filing 314 NOTICE OF APPEAL by Movant Folksamerica Reinsurance Company. Filing fee $ 455. (Georgiton, Peter) Additional attachment(s) added on 5/23/2006 (scot, ). |
| Filing 313 NOTICE OF APPEAL as to #307 Order on Motion to Quash, Order on Motion to Vacate, Order on Motion for Summary Judgment,,, Order on Motion to Intervene, Order on Motion for Order to, Order on Motion to Dismiss,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by Movant Ohio Government Risk Management Plan. Filing fee $ 455. (Sanderson, Michael) Additional attachment(s) added on 5/24/2006 (scot, ). |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #314 Notice of Appeal (scot, ) |
| USCA Appeal Fees received $ 455 receipt number 430628 re #314 Notice of Appeal filed by Folksamerica Reinsurance Company. (scot, ) |
Filing 312
ORDER Pursuant to the Status Conference held 5/15/2006, the Court herebyVACATES the 6/21/2006 Trial and RESCHEDULES the Trial to commence 9/12/2006. The 5/31/2006 Final Pre-Trial Conference REMAINS AS SCHEDULED. Signed by Judge S Arthur Spiegel on 5/15/2006. (km, )
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| Minute Entry for proceedings held before Judge S Arthur Spiegel: Settlement Conference held on 5/15/2006. Written Order to follow. (km, ) |
| Filing 311 NOTICE of Hearing: Voir Dire set for 6/20/2006 10:00 AM in Courtroom 708 before Magistrate Judge Timothy S. Black. (km, ) |
| Filing 310 NOTICE of Hearing: Settlement Conference set for 5/15/2006 10:00 AM before S Arthur Spiegel. Five-day Jury Trial set for 6/21/2006 09:30 AM before S Arthur Spiegel. (km, ) |
Filing 309
ORDER As the Court, having been designated to sit with the Sixth Circuit Court of Appeals on 6/20/2006, the Jury Trial will now commence on 6/21/2006. The Final Pretrial Conference remains as scheduled. The Magistrate Judge will empanel the jury for the trial at his convenience. Furthermore, the Court schedules a Settlement Conference for 5/15/2006 10:00 AM. Signed by Judge S Arthur Spiegel on 5/4/2006. (km, )
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| Filing 308 NOTICE of Hearing: Final Pretrial Conference set for 5/31/2006 09:00 AM in chambers before S Arthur Spiegel. One-week Jury Trial set for 6/20/2006 09:30 AM in Courtroom 842 before S Arthur Spiegel on an on-deck basis.(km1, ) |
Filing 307
ORDER granting #197 Motion to Quash, denying as moot #205 Defendants' Motion to Vacate 11/11/2004 Order, denying as moot #293 Defendants' Joint Motion to Certify State Law to Supreme Court of Ohio, dismissing without prejudice all state law claims asserted against all Defendants; denying #301 Emergency Motion of Plaintiffs to Dismiss State Law Claims Against Defendants Only to Extent Such Claims Accrued on or After 4/9/2003, denying #242 Motion to Intervene filed by the Insurers. Finally, as no state law claims remain, the Court has reviewed the Defendants' Motions for Summary Judgment only as they pertain to Plaintiffs' Section 1983 claims. After review, the Court does not find these motions well-taken. Accordingly, Defendants' Motion for Summary Judgment are DENIED 237 238 240 . Plaintiffs Section 1983 claims remain against Defendants City of Sharonville, Cramer, Nuss, and Schappa. This matter is hereby set for a Final Pretrial Conference on 5/31/2006 09:00 AM and a one-week Jury Trial to commence 6/20/2006. Signed by Judge S Arthur Spiegel on 4/26/2006. (km1, )
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| Filing 306 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller of Withdrawal of Donald R. Caster as Counsel for Plaintiffs (Caster, Donald) |
| Filing 305 REPLY to Response to Motion re #301 Emergency MOTION to Dismiss State Law Claims Against Defendants Only to Extent Such Claims Accrued on or After April 9, 2003 filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Laufman, Paul) |
| Filing 304 RESPONSE in Opposition re #301 Emergency MOTION to Dismiss State Law Claims Against Defendants Only to Extent Such Claims Accrued on or After April 9, 2003 filed by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa. (Barbiere, Lawrence) |
| Filing 303 NOTICE by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa re #301 Emergency MOTION to Dismiss State Law Claims Against Defendants Only to Extent Such Claims Accrued on or After April 9, 2003 (Hurley, Brian) |
| Judge Timothy S. Black no longer assigned to case. (jl, ) |
| Filing 301 Emergency MOTION to Dismiss State Law Claims Against Defendants Only to Extent Such Claims Accrued on or After April 9, 2003 by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. Responses due by 12/22/2005 (Gerhardstein, Alphonse) |
| Filing 300 NOTICE by Defendants City of Sharonville, Mike Schappa OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (DOC. 233) (Barbiere, Lawrence) |
| Filing 299 NOTICE by Defendants City of Sharonville, Mike Schappa of Supplemental Authority in support of Motion for Summary Judgment (Doc. 233) (Barbiere, Lawrence) |
| Filing 298 Reply Memorandum Regarding Defendants' Citation of Supplemental Authority (Doc. 294) by Defendants City of Sharonville, Mike Schappa. (Barbiere, Lawrence) |
| Filing 297 REPLY TO RESPONSE TO MOTION re #293 Joint MOTION for Order to Certify Question Of State Law To Ohio Supreme Court filed by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa. (Attachments: #1 Nagel v. Horner, et al.)(Hurley, Brian) Modified on 7/20/2005 (wam, ). |
| Filing 296 RESPONSE in Opposition re #293 Joint MOTION for Order to Certify Question Of State Law To Ohio Supreme Court filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Filing 295 Supplemental Memorandum Opposing re #294 Notice (Other), #233 Notice (Other) Response to Defendants' Citation of Supplemental Authority filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Filing 294 NOTICE by Defendants City of Sharonville, Mike Schappa OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (DOC. 233) (Barbiere, Lawrence) |
| Filing 293 Joint MOTION for Order to Certify Question Of State Law To Ohio Supreme Court by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa. (Hurley, Brian) |
| Filing 292 Supplemental Memorandum Opposing re #291 Notice of supplemental authority filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Filing 291 NOTICE by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa re #235 Notice (Other), #236 Notice (Other), #233 Notice (Other) Citation of Supplemental Authority (Barbiere, Lawrence) |
| Filing 290 NOTICE of Substitution of counsel by Kelly Mulloy Myers Defendant James - Cramer (Myers, Kelly) Modified on 6/3/2005 (wam, ). |
| Filing 289 Supplemental Memorandum Opposing re #283 Supplemental - Supporting (non motion) Response to Defendants' Supplemental Citation Regarding Motion for Summary Judgment filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
Filing 288
Upon reconsideration, the ORDER re #247 Second MOTION to Compel filed by William Nuss is DENIED. Each party will bear its own expenses. Signed by Judge Timothy S. Black on 5/25/05. (jl, )
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Filing 287
ORDER of USCA GRANTING petition for writ of Mandamus and VACATING the 12/20/04 order of the District Court. (wam, )
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| Filing 286 REPLY to Response to Motion re #247 Second MOTION to Compel, #272 MOTION for Reconsideration re #268 Order on Motion to Compel, Order on Motion for Miscellaneous Relief, Order on Motion for Sanctions filed by Defendant William Nuss. (Hurley, Brian) |
Filing 285
ORDER granting #272 Motion for Reconsideration re #268 Order on Motion to Compel, Order on Motion for Miscellaneous Relief, Order on Motion for Sanctions: that part of the order (Doc. 268) granting defendant Nuss' second motion to compel is VACATED; and that part of the order denying Nuss' motion to enforce and for sanctions SHALL REMAIN IN EFFECT. Defendant Nuss shall reply to memo in opposition to second motion to compel on or before 5/23/05. Signed by Judge Timothy S. Black on 5/11/05. (jl, )
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| Minute Entry for proceedings held before Judge S Arthur Spiegel : Settlement Conference held on 5/10/2005. (km, ) |
| Notice of Correction re: #284 Response in Opposition to Motion. Pleading was originally filed using the incorrect docketing event. The pleading was deleted and then refiled using the correct docketing event, "response in opposition." (wam, ) |
| Filing 284 RESPONSE in Opposition re #263 MOTION for Protective Order to Exclude Public From Certain Portions of the Trial of This Case filed by Defendant William Nuss. (wam, ) |
| Filing 283 Supplemental Memorandum Supporting Citation Of Defendants In Support Of Defendants' Motions For Summary Judgment And Motion To Strike by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa. (Hurley, Brian) |
Filing 282
ORDER denying #180 Motion for Summary Judgment. Signed by Judge S Arthur Spiegel on 4/27/2005. (km1, )
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Filing 281
ORDER re #263 MOTION for Protective Order to Exclude Public From Certain Portions of the Trial of This Case. The Court invites the Hamilton County Prosecutor, as a friend of the Court, to assist in the endeavor of determining what testimony and documentary evidence would jeopardize the prosecution of Albert Schuholz. The Court requests that counsel for both Parties consult with the Prosecutor to a develop a workable procedure to accomplish the identification of testimony and documentary evidence that should not be publiclydisclosed. Such solution could involve the Prosecutor assisting the Court at trial in handling issues on evidentiary matters (i.e., evidence that could jeopardize the prosecution of Schuholz). The Parties should notify the Court as quickly as possible of any proposed solution. Signed by Judge S Arthur Spiegel on 4/27/2005. (km, )
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Filing 280
ORDER denying #257 Motion to Strike Declaration Of Alphonse A. Gerhardstein. Signed by Judge S Arthur Spiegel on 4/27/2005. (km, )
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| Filing 279 RESPONSE TO ORDER TO SHOW CAUSE by Defendant James - Cramer. (Freking, Randolph) |
Filing 278
ORDER re #241 MOTION to Quash Subpoena Directed to Sheriff Simon L. Leis, Jr. The Court is likely to rule on this motion using the same analysis as used in its earlier Order #195 , however, as this exact issue is currently pending before the COFA Sixth Circuit, the Court will POSTPONE ruling on this matter and wait for the Sixth Circuit's forthcoming opinion regarding the Court's earlier Order. Signed by Judge S Arthur Spiegel on 4/20/2005. (km, )
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| Filing 277 REPLY to Response to Motion re #257 Joint MOTION to Strike Declaration Of Alphonse A. Gerhardstein filed by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa. (Hurley, Brian) |
Filing 276
ORDER granting #266 Motion to Seal Exhibits 2 and 11 to Document #248 . Signed by Judge Timothy S. Black on 4/19/05. (jl, )
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| Filing 275 RESPONSE to Motion re #272 MOTION for Reconsideration re #268 Order on Motion to Compel, Order on Motion for Miscellaneous Relief, Order on Motion for Sanctions filed by Defendant William Nuss. (Hurley, Brian) |
Filing 274
ORDER Pursuant to the 4/12/2005 Final Pretrial Conference, the Court hereby VACATES the 5/10/2005 trial date and schedules a Settlement Conference for 5/10/2005 at 10:00 AM. The Court will rule on the Motion to Intervene #242 subsequent to the 5/10/2005 settlement conference. However, the parties at the 4/12/2005 conference indicated a willingness and eagerness to have counsel for these Insurance Companies attend the 5/10/2005 settlement conference. Accordingly, representatives of the Insurance Companies seeking intervention are INVITED to attend the 5/10/2005 settlement conference. The Court also notes that its rulings on the pending Motions for Summary Judgment will be issued in due course. Signed by Judge S Arthur Spiegel on 4/15/2005. (km, )
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Filing 273
ORDER re #266 MOTION to Seal Exhibits 2 and 11 re #248 MOTION To Enforce Order filed by Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker: any party opposing plaintiffs' motion to seal exhibits 2 and 11 shall file a notice of objection by 4/15/05 at 4 pm . Signed by Judge Timothy S. Black on 4/14/05. (jl, )
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| MOTIONS #272 MOTION for Reconsideration re #268 Order on Motion to Compel, Order on Motion for Miscellaneous Relief, Order on Motion for Sanctions REFERRED to Magistrate Judge Timothy S. Black. (km, ) |
| Filing 272 MOTION for Reconsideration re #268 Order on Motion to Compel, Order on Motion for Miscellaneous Relief, Order on Motion for Sanctions by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Attachments: #1 Exhibit A)(Gerhardstein, Alphonse) |
| Filing 269 RESPONSE in Opposition re #257 Joint MOTION to Strike Declaration Of Alphonse A. Gerhardstein filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Minute Entry for proceedings held before Judge S Arthur Spiegel : Final Pretrial/Status Conference held on 4/12/2005. (Court Reporter Edna Hawkins (Draper & Oestreicher).) (km, ) |
| MOTIONS #266 MOTION to Seal Exhibits 2 and 11 re #248 MOTION To Enforce Order REFERRED to Judge Magistrate Judge Timothy S. Black. (km, ) |
Filing 268
ORDER granting #247 Motion to Compel, denying #248 Motion, denying #248 Motion for Sanctions . Signed by Judge Timothy S. Black on 4/11/05. (jl, )
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Filing 267
ORDER granting in part and denying in part #223 Motion for Protective Order: defendants may depose Mr. Dorning but deposition shall not exceed 2 hrs; plaintiffs may depose Mr. Dorning for 90 minutes; Mr. Dorning not required to submit to further deposition by any other party in this case. Signed by Judge Timothy S. Black on 4/11/05. (jl, )
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| Filing 266 MOTION to Seal Exhibits 2 and 11 re #248 MOTION To Enforce Order by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) Modified on 4/12/2005 (km, ). |
| Filing 265 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller of Manual Filing of Plaintiffs' Response to Defendant's Motion to Enforce and for Sanctions (Doc. 248) (Gerhardstein, Alphonse) |
| Filing 264 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller of Manual Filing of Plaintiffs' Response to Defendant's Motion to Compel (Doc. 247) (Gerhardstein, Alphonse) |
| Notice of Correction - The Proposed Pretrial Order #264 is actually a Joint Final Pretrial Order, which should have been submitted to judge's chambers via e-mail. The document has been saved and printed off for the Court's use, however the docket entry has been deleted. All subsequent proposed orders should be submitted to judge's chambers at [email protected] (km, ) |
| Filing 263 MOTION for Protective Order to Exclude Public From Certain Portions of the Trial of This Case by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Laufman, Paul) |
| Filing 262 RESPONSE in Support re #242 MOTION to Intervene filed by Movants North East Insurance Company, Folksamerica Reinsurance Company, United National Insurance Company, Scottsdale Insurnance Company, Ohio Government Risk Management Plan. (Zamary, Kimberly) |
| Filing 259 NOTICE by Defendants City of Sharonville, Mike Schappa of Filing Under Seal of Reply Memorandum in Support of Motion for Summary Judgment (Barbiere, Lawrence) |
| Filing 258 NOTICE by Defendant James - Cramer of Filing Under Seal Reply Memorandum in Support of its Motion for Summary Judgment (Freking, Randolph) |
| Filing 257 Joint MOTION to Strike Declaration Of Alphonse A. Gerhardstein by Defendants Audrey Stevens, Bruce NMI Wright, City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz. (Attachments: #1 Exhibit Def. City of Sharonville's Responses To Request For Admissions)(Hurley, Brian) |
| Filing 256 Reply Memorandum Of Def. Nuss To Plaintiffs' Memorandum In Opposition To Motions For Summary Judgment (Doc. 238) by Defendant William Nuss. (Hurley, Brian) |
| Filing 255 RESPONSE in Opposition re #242 MOTION to Intervene filed by Defendants City of Sharonville, Mike Schappa. (Keating, Thomas) |
| Filing 254 RESPONSE to Motion re #242 MOTION to Intervene filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Minute Entry for proceedings held before Judge S Arthur Spiegel : Motion Hearing held on 3/24/2005. PROCEEDINGS SEALED UPON ORDER OF THE COURT. Arguments heard. Matters taken under advisement. Written Order to follow. (Court Reporter Betty Schwab (Official).) (km, ) |
Filing 253
ORDER of USCA as to #198 Notice of Interlocutory Appeal filed by Terry Gaines,, Michael K Allen,, John Jay, (wam, )
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| Filing 252 NOTICE OF WITHDRAWL OF DOCUMENT by Defendant William Nuss Of Subpoena Served On Plaintiffs' Counsel (Hurley, Brian) |
| Filing 251 NOTICE by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa re #233 Notice (Other) of Supplemental Authority (Barbiere, Lawrence) |
| MOTIONS #248 MOTION To Enforce Orders #158 Of 5/18/2004 and #169 of 8/5/2004 And MOTION For Sanctions REFERRED to Magistrate Judge Timothy S. Black. (km, ) |
| Filing 249 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller of MANUAL Filing Sealed exhibits in support of Memorandum in Opposition to Defendants' Motions for Summary Judgment (Docs. 233, 235, 236). The memorandum has been scanned and docketed as a SEALED DOCUMENT (Laufman, Paul) Modified on 3/23/2005 (wam, ). |
| Filing 248 MOTION To Enforce Orders #158 Of 5/18/2004 and #169 of 8/5/2004 And MOTION For Sanctions by Defendant William Nuss. (Attachments: # 1 Exhibit 1, 3, 4 and 5# 2 Exhibits 6-10); Exhibits 2 and 11 sealed pursuant to Order #276 (Hurley, Brian) Modified on 3/21/2005 (km, ). Additional attachment(s) added on 4/19/2005 (km, ). Modified on 4/19/2005 (km, ). |
| MOTIONS #247 Second MOTION to Compel REFERRED to Magistrate Judge Timothy S. Black. (km, ) |
| Filing 247 Second MOTION to Compel by Defendant William Nuss. (Attachments: #1 Exhibit Hurley Affidavit and Exhibits A-H)(Hurley, Brian) |
| Filing 246 RESPONSE to Motion re #223 MOTION for Protective Order filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Filing 245 RESPONSE in Opposition re #241 MOTION to Quash Subpoena Directed to Sheriff Simon L. Leis, Jr. filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Filing 244 RESPONSE to Motion re #242 MOTION to Intervene filed by Defendant William Nuss. (Hurley, Brian) |
Filing 243
ORDER of USCA temporarily staying the deposition set for 3/8/05 as to #198 Notice of Interlocutory Appeal filed by Terry Gaines,, Michael K Allen,, John Jay, (wam, )
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| Filing 242 MOTION to Intervene by Movants North East Insurance Company, Folksamerica Reinsurance Company, United National Insurance Company, Scottsdale Insurnance Company, Ohio Government Risk Management Plan. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(wam, ) |
| Filing 241 MOTION to Quash Subpoena Directed to Sheriff Simon L. Leis, Jr. by Movants Michael K Allen, John Jay, Terry Gaines. (Attachments: #1 Exhibit Order 9/5/02#2 Exhibit Leis Subpoena Ex B#3 Exhibit Gibson Affidavit Ex C)(Vollman, Mark) |
Filing 239
ORDER re #196 Motion to Amend/Correct #195 Order on Motion to Quash. In light of the decision in NLRB v. Cincinnati Bronze, Inc., the Court will not alter or enlarge the scope of its previous Order as requested by the Plaintiffs. However, it will note that a careful reading of the Court's Order clearly specifies that Simon Leis, as a former Hamilton County prosecutor, may be deposed (doc. 195 stating "Hamilton County prosecutors, past and present, as well as investigators may be deposed"). Signed by Judge S Arthur Spiegel on 3/1/2005. (km, )
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| Filing 236 NOTICE by Defendant James - Cramer Filing MSJ Underseal (Ghiz, Leslie) |
| Filing 235 NOTICE by Defendant William Nuss Of Filing Under Seal Motion For Summary Judgment (Hurley, Brian) |
| Filing 234 NOTICE by Defendants City of Sharonville, Mike Schappa re #233 Notice (Other) of Manual Filing of Deposition of Defendant, Dale Dorning, (Vol. III) Under Seal (Barbiere, Lawrence) |
| Filing 233 NOTICE by Defendants City of Sharonville, Mike Schappa of Manual Filing Under Seal of Motion for Summary Judgment and Exhibits in Support of Motion (Barbiere, Lawrence) |
| Filing 232 NOTICE of Hearing: Final Pretrial Conference reset for 4/12/2005 10:00 AM in chambers before S Arthur Spiegel. (km, ) |
| Filing 231 NOTICE of Hearing: Final Pretrial Conference reset for 4/14/2005 09:00 AM in chambers before S Arthur Spiegel. Two-week Jury Trial set for 5/10/2005 09:30 AM in Courtroom 842 before S Arthur Spiegel. (km, ) |
| Filing 230 NOTICE of Hearing on Motion #180 Motion for Summary Judgment, #197 MOTION to Quash Subpoenas to Plaintiffs' Attorneys, #205 Joint MOTION to Vacate Order Of November 11, 2004 And Request For Oral Argument On Motion For Summary Judgment: Motion Hearing reset for 3/24/2005 02:00 PM in Courtroom 842 before S Arthur Spiegel. (km, ) |
Filing 229
ORDER granting #222 Motion to Continue Motions Hearing. The Court VACATES the hearing set for 2/24/2005. It CONVERTS the Final Pretrial Conference set for 3/24/2005 at 2:00 PM into a hearing on the following documents: #180 #187 #194 #197 #202 #205 . The Court schedules a Final Pretrial Conference fo 4/14/2005 at 9:00 AM. The trial will take place on 5/10/2005 as originally scheduled. Signed by Judge S Arthur Spiegel on 2/17/2005. (km, )
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| Filing 228 REPLY to Response to Motion re #222 MOTION to Continue Motions Hearing and Memorandum in Support filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Filing 227 RESPONSE to Motion re #223 MOTION for Protective Order of Non-Party Witness Dorning filed by Defendant William Nuss. (Hurley, Brian) |
Filing 226
ORDER re #223 MOTION for Protective Order filed by Dale Dorning: that any continued deposition of Mr. Dorning is STAYED until the Court's resolution of the pending motion. Signed by Judge Timothy S. Black on 2/17/05. (jl, )
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Filing 225
ORDER denying #199 Motion to Stay Order #195 Pending Appeal. The Court's prior Order #195 remains in full force and effect. Signed by Judge S Arthur Spiegel on 2/15/2005. (km, )
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| Filing 224 RESPONSE in Opposition re #222 MOTION to Continue Motions Hearing and Memorandum in Support filed by Defendants Audrey Stevens, Bruce NMI Wright, City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz. (Hurley, Brian) |
| Filing 223 MOTION for Protective Order. (Clark, Ravert) |
| Filing 222 MOTION to Continue Motions Hearing and Memorandum in Support by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Attachments: #1 Exhibit)(Caster, Donald) |
| Filing 221 REPLY TO RESPONSE to Motion re #199 MOTION to Stay re #195 Order on Motion to Quash, Pending Appeal filed by Non-Parties Michael K. Allen Hamilton County Prosecutor, John Jay, Investigator and Terry Gaines (Former Asst. Prosecutor) Immediate Ruling Requested filed by Movants Michael K Allen, John Jay, Terry Gaines. (Attachments: #1)(Vollman, Mark) Modified on 2/14/2005 (wam, ). |
| Filing 220 REPLY to Response to Motion re #197 MOTION to Quash Subpoenas to Plaintiffs' Attorneys Plaintiffs' Prehearing Submission On Plaintiffs' Motion to Quash Subpoena filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Caster, Donald) |
| Filing 219 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller of Service of Subpoena upon John Jay (Laufman, Paul) |
| Filing 218 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller of Service of Subpoena upon Terry Gaines (Laufman, Paul) |
| Filing 217 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller of Service of Subpoena upon Sheriff Simon L. Leis, Jr. (Laufman, Paul) |
| Filing 216 NOTICE of Hearing on Motion re #197 MOTION to Quash Subpoenas to Plaintiffs' Attorneys and #180 Motion for Summary Judgment: Motion Hearing set for 2/24/2005 03:00 PM in Courtroom 842 before S Arthur Spiegel. (km, ) |
| Filing 215 REPLY to Response to Motion re #180 Plaintiffs' Response On Summary Judgment filed by Defendants Audrey Stevens, Bruce NMI Wright, City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz. (Hurley, Brian) |
Filing 214
NOTATION ORDER granting #212 Joint Motion for Extension of Time to Complete Discovery. Signed by Judge S Arthur Spiegel on 2/7/2005. (km, )
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| Set/Reset Cincinnati PPTO Deadlines: Discovery due by 2/17/2005. Dispositive Motions not directed to pleadings due by 2/28/2005. (km, ) |
| Filing 213 RESPONSE to Motion re #180 Defendants' Summary Judgment filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Laufman, Paul) |
| Filing 212 Joint MOTION for Extension of Time to Complete Discovery New date requested 2/28/2005. by Defendants and by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Defendants Audrey Stevens, Bruce NMI Wright, City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz, Movants Michael K Allen, John Jay, Terry Gaines. (Barbiere, Lawrence) |
| Filing 211 RESPONSE in Opposition re #199 MOTION to Stay re #195 Order on Motion to Quash, filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Attachments: #1 Exhibit Exhibit A)(Caster, Donald) |
| Filing 210 NOTICE of Appearance by Donald R Caster Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller (Caster, Donald) |
Filing 209
NOTATION ORDER granting #207 Motion for Extension of Time Until 2/7/2005 to supplement response to defendants motion for summary judgment. Signed by Judge S Arthur Spiegel on 1/25/2005. (km, )
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| Filing 208 TRANSCRIPT of Proceedings (Hearing on Motion to Quash Subpoenas) held on 12/7/2004 before Judge S. Arthur Spiegel. Court Reporter: Mary Ann Ranz (Official). (km, ) |
| Filing 207 MOTION for Extension of Time New date requested 2/7/2005. to supplement response to defendants motion for summary judgment (Doc 195,186,190) by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
| Filing 206 Supplemental Memorandum Supporting re #180 Joint Motion Of Defendants For Summary Judgment On The Basis That Plaintiffs' Claims Are Barred By Statute Of Limitation filed by Defendants Audrey Stevens, Bruce NMI Wright, City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz, Audrey Stevens, Bruce NMI Wright, City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz. (Attachments: #1 Exhibit Clark letter to Wright dated March 8, 2001)(Hurley, Brian) |
| Filing 205 Joint MOTION to Vacate Order Of November 11, 2004 And Request For Oral Argument On Motion For Summary Judgment by Defendants Audrey Stevens, Bruce NMI Wright, City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz. (Hurley, Brian) |
| Filing 204 Supplemental Memorandum Supporting Non-Parties Notice of Supplemental Authority by Movants Michael K Allen, John Jay, Terry Gaines. (Attachments: #1)(Vollman, Mark) |
| Filing 203 Sealed memorandum in opposition to motion to quash subpoenas to pltf's counsel. (Attachments: #1 Exhibit)(wam, ) |
| Filing 202 NOTICE by Defendant William Nuss Of Filing Under Seal Joint Memorandum Of Defendants In Opposition To Motion To Quash Subpoenas To Plaintiffs' Counsel (Hurley, Brian) |
| Filing 201 NOTICE by Defendant William Nuss Of Filing Under Seal Deposition Of Ravert J. Clark And Supporting Exhibits (Hurley, Brian) |
| DEPOSITION of Ravert J. Clark filed UNDER SEAL by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa.(wam, ) |
| USCA Case Number 05-3057 for #198 Notice of Interlocutory Appeal filed by Terry Gaines,, Michael K Allen,, John Jay,. (kej, ) |
| Filing 200 RESPONSE in Opposition re #196 MOTION to Amend/Correct #195 Order on Motion to Quash, filed Memorandum in Opposition to Plaintiff's Motion to Amend Order Doc. 195 filed by Movants Michael K Allen, John Jay, Terry Gaines. (Vollman, Mark) |
| Filing 199 MOTION to Stay re #195 Order on Motion to Quash, by Movants Michael K Allen, John Jay, Terry Gaines. (Vollman, Mark) |
| Filing 198 NOTICE OF INTERLOCUTORY APPEAL filed by Movants Michael K Allen, John Jay, Terry Gaines as to #195 Order on Motion to Quash. Filing fee $ 255, receipt number 425152. (Attachments: #1 Filing Fee Receipt)(kej, ) |
| USCA Appeal Fees received $ 255 receipt number 425152 re #198 Notice of Interlocutory Appeal filed by Terry Gaines,, Michael K Allen,, John Jay, (kej, ) |
| Filing 197 MOTION to Quash Subpoenas to Plaintiffs' Attorneys by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Attachments: #1 Exhibit A - C)(Laufman, Paul) |
| Filing 196 MOTION to Amend/Correct #195 Order on Motion to Quash, filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller. (Gerhardstein, Alphonse) |
Filing 195
ORDER denying #174 Motion to Quash Subpoena Directed to Non-Parties Michael K Allen, John Jay, and Terry Gaines and ORDERS that the requested discovery of Plaintiffs be permitted, limited to the restrictions set forth in this Order including all said discovery be under seal. Furthermore, the Court hereby GRANTS Plaintiffs? Motion Pursuant to Rule 56(f) to Permit Discovery Before a Ruling on Summary Judgment #186 . Signed by Judge S Arthur Spiegel on 12/20/2004. (km, )
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| Notice of Correction re: #193 This event was deleted and re-docketed to reflect the correct docket event. The reply memo is being manually filed with the Clerk under seal. (km, ) |
| Filing 194 Sealed Reply to Response to Motion Doc. #180. (wam1, ) Modified on 12/17/2004 (wam, ). |
| Filing 193 NOTICE of Manual Filing Reply to Response to Motion re #180 Sealed Motion by Defendant William Nuss. (km, ) |
| Minute Entry for proceedings held before Judge S Arthur Spiegel : Motion Hearing held on 12/7/2004 re #174 MOTION to Quash filed by Terry Gaines, Michael K Allen, John Jay. Arguments of counsel heard. The Court Orders in open Court that the Motion to Quash #174 is denied. Plaintiffs shall be entitled to take depositions of the Former Hamilton Cty Prosecutor (Simon Leis) and Former Assistant Hamilton Cty Prosecutor (Terry Gaines) to determine what evidence (or lack thereof) was available in the year 1981 to cause the County not to pursue the indictment of Albert Schuholz. Additionally, any evidentiary documents relating to this shall be disclosed to plaintiffs. Written Order to follow. (Court Reporter Mary Ann Ranz (Official).) (km, ) |
Filing 192
NOTATION ORDER granting #191 Motion for Extension of Time to file reply to pltf's memo in opposition to dfts motion for summary judgment. New date requested 12/15/2004 & MOTION for extension of time for discovery & dispositive motions. Signed by Judge S Arthur Spiegel on 11/24/2004. (km, )
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| Set/Reset Cincinnati PPTO Deadlines: Discovery due by 1/31/2005. Dispositive Motions not directed to pleadings due by 2/15/2005. (km, ) |
| Filing 191 MOTION for Extension of Time to file reply to pltf's memo in opposition to dfts motion for summary judgment. New date requested 12/15/2004 & MOTION for extension of time for discovery & dispositive motions. by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz, Audrey Stevens, Bruce NMI Wright. (Ghiz, Leslie) Modified on 11/24/2004 (wam, ). |
| Filing 190 RESPONSE in Opposition re #186 MOTION to permit discovery before a ruling on summary judgment filed by Defendant William Nuss. (Hurley, Brian) |
| Filing 189 NOTICE of Hearing on Motion re #174 MOTION to Quash Subpoena: Motion Hearing reset for 12/2/2004 10:00 AM in Courtroom 842 before S Arthur Spiegel. (km, ) |
| Judge David S Perelman no longer assigned to case. (jl, ) |
| Filing 188 NOTICE OF MANUAL FILING DEPOSITION of James Cramer, Sue Ranielle Baker, Greg Homer, Clarence Hodge, & Alan Hayes by Plaintiffs Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker by Plaintiffs.(wam, ) |
| Filing 187 SEALED RESPONSE in Opposition re #180 SEALED MOTION filed by Plaintiffs. (Attachments: #1 declaration of Alphonse Gerhardstein#2 Exhibit)(wam, ) Modified on 11/16/2004 (wam, ). |
| Filing 186 MOTION to permit discovery before a ruling on summary judgment by Plaintiffs.(wam, ) |
| Filing 185 NOTICE by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, Jan Lorraine Miller, James - Wright of Filing Under Seal Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment and Plaintiffs' Motion Pursuant to Rule 56(f) to Permit Discovery Before a Ruling on Summary Judgment (Laufman, Paul) |
| Filing 184 NOTICE of Hearing on Motion re #174 MOTION to Quash Subpoena: Motion Hearing reset for 12/28/2004 02:00 PM in Courtroom 842 before S Arthur Spiegel. (km, ) |
| Filing 183 NOTICE OF FILING DEPOSITION of Schappa, Miller, Kammeyer, Wright, Dorning & Deardorff (all under seal) by Defendants City of Sharonville, Mike Schappa by Defendants City of Sharonville, Mike Schappa.(Barbiere, Lawrence) |
| Filing 182 NOTICE of Hearing on Motion #174 MOTION to Quash Subpoena: Motion Hearing set for 12/9/2004 11:00 AM in Courtroom 842 before S Arthur Spiegel. (km, ) |
| Filing 181 REPLY to RESPONSE to MOTION re #174 MOTION to Quash filed by Movants Michael K Allen, Terry Gaines, John Jay. (Attachments: #1)(Vollman, Mark) |
| Filing 180 SEALED MOTION by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa. (Attachments: #1 Exhibit 1-8#2 Exhibit 9-17)(wam1, ) |
| Filing 179 NOTICE by Defendant William Nuss Of Filing Under Seal Joint Motion Of Defendants For Summary Judgment And The Exhibits In Support Of The Motion (Hurley, Brian) |
Filing 178
ORDER granting Movants Michael K Allen, John Jay and Terry Gaines an extension until 10/29/2004 to file reply memorandum in support re #174 MOTION to Quash Subpoena. Signed by Judge S Arthur Spiegel on 10/21/2004. (km, )
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Filing 176
NOTATION ORDER granting #175 Motion to Seal Memorandum in Opposition to Motion to Quash Subpoena filed by Non-Parties Mike Allen, John Jay, and Terry Gaines. Signed by Judge S Arthur Spiegel on 10/19/2004. (km, )
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| Filing 175 MOTION to Seal Memorandum in Opposition to Motion to Quash Subpoena filed by Non-Parties Mike Allen, John Jay, and Terry Gaines by Plaintiffs Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker. (Laufman, Paul) |
| Filing 174 MOTION to Quash Subpoena by Movants Michael K Allen, Terry Gaines, John Jay. (Attachments: #1 Exhibit A-E)(kej, ) |
| Filing 173 NOTICE by Defendants City of Sharonville, Mike Schappa re 79 Order,,,,, of Manual Filing of Documents Under Seal (Barbiere, Lawrence) |
Filing 172
ORDER that a motion to quash subpoenas may be filed on or before 10/11/04; opposition filed by 10/18; reply filed by 10/21/04.. Signed by Judge Timothy S. Black on 9/29/04. (jl, )
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| Minute Entry for proceedings held before Judge Timothy S. Black : Telephone Conference held on 9/29/2004. Order to follow. (jl, ) |
Filing 171
ORDER that as result of informal discovery telephone conference held 9/16/04: motion to quash and/or motion for protective order may be filed by 9/30/04; opposition by 10/5/04; reply by 10/8/04. Signed by Judge Timothy S. Black on 9/16/04. (jl, )
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| Minute Entry for proceedings held before Judge Timothy S. Black : Telephone Conference held on 9/16/2004. Order to follow (jl, ) |
| Filing 170 NOTICE of Hearing: Settlement Conference set for 11/18/2004 02:00 PM in chambers before S Arthur Spiegel. (km, ) |
Filing 169
ORDER granting in part #161 Objections to Magistrate Judge's Order Granting Motions to Compel Discovery filed by defendants Nuss and Cramer. The Court REVERSES IN PART the Magistrate Judge's Order that Plaintiffs respond to Defendants' contention interrogatories at this time. The Court AFFIRMS the balance of the Magistrate's Order; denying #164 Objections to Magistrate Judge's Order denying Plaintiffs' Motion for Protective Order and Motion to Quash Subpoenas Served on Plaintiffs' Former Attorney, and AFFIRMING the Magistrate Judge's 6/14/2004 Order #163 ; denying as moot #165 Motion to File Privileged Documents Under Seal. Signed by Judge S Arthur Spiegel on 8/5/2004. (km, )
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| Filing 168 Response Joint Memorandum of Defendants In Response To Plaintiffs' Objections #164 To Magistrate Judge's Order Of June 14, 2004 by Defendant William Nuss. (Attachments: #1 Affidavit Affidavit of Ravert J. Clark#2 Exhibit Document Requests - Privilege Log)(Hurley, Brian) |
Filing 167
NOTATION ORDER granting #166 Motion for Extension of Time Until 7/23/04 In Which To File Response To Plaintiffs' Objections To Magistrate's Order of June 14, 2004 . Signed by Judge S Arthur Spiegel on 7/13/2004. (km, )
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| Filing 166 MOTION for Extension of Time New date requested 7/23/2004. To File Response To Plaintiffs' Objections To Magistrate's Order of June 14, 2004 by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz, Audrey Stevens, Bruce NMI Wright. (Attachments: #1 Exhibit Hurley letter of 7/8/04 to Gerhardstein)(Hurley, Brian) |
| Filing 165 MOTION to Seal Privileged Documents by Plaintiffs Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker. (Laufman, Paul) |
| Filing 164 Objection to Magistrate Judge Orderre #163 Order on Motion for Protective Order, Order on Motion to Quash, Order on Motion for Sanctions, Order on Motion to Compel by Plaintiffs Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Laufman, Paul) |
Filing 163
ORDER denying #145 Motion for Protective Order, denying #145 Motion to Quash, denying #145 Motion for Sanctions, finding as moot #157 Motion to Compel . Signed by Judge Timothy S. Black on 6/14/04. (jl, )
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| Filing 162 Response To Plaintiffs' Objections To Magistrate's Order Granting Motions To Compel by Defendant William Nuss. (Hurley, Brian) |
| Filing 161 Objection to Magistrate Judge Orderre #158 Order on Motion to Compel,,, by Plaintiffs Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker. (Laufman, Paul) |
Filing 160
ORDER Pursuant to the Status Conference held 5/18/2004, the Court resets this matter according to the following schedule: Discovery due by 1/1/2005. Dispositive Motions due by 1/1/2005. Final Pretrial Conference tentatively set for 3/24/2005 02:00 PM. Two-week Jury Trial tentatively set for 5/10/2005 09:30 AM on an on-deck basis. Settlement Conference set for 11/18/2004 02:00 PM. Signed by Judge S Arthur Spiegel on 5/19/2004. (km, )
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Filing 159
SEALED EXHIBIT#'s 2 & 3 to defendant's Motion to Compel #136 filed by Clerk pursuant to Order entered by Magistrate Judge Black #158 . (art, )
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Filing 158
ORDER granting in part and denying in part #136 Motion to Compel, granting in part and denying in part #137 Motion to Compel. Parties to comply within (15) days of the date of this Order. It is further Ordered that Exhibits 2 and 3 of document #136 be SEALED . Signed by Judge Timothy S. Black on 5/11/2004. (art, )
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| Filing 157 Amended MOTION to Compel Discivery and Request for Sanctions by Defendant James - Cramer. (Ghiz, Leslie) |
| Filing 156 REPLY to Response to Motion re #145 MOTION for Protective Order MOTION to Quash MOTION for Sanctions filed by Plaintiffs Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker. (Laufman, Paul) |
| Filing 155 RESPONSE in Opposition re #145 MOTION for Protective Order MOTION to Quash MOTION for Sanctions filed by Defendant James - Cramer. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Ghiz, Leslie) |
Filing 154
ORDER granting #151 Motion for Extension of Time to respond to plaintiffs' motion for sanctions. Signed by Judge Timothy S. Black on 5/10/04. (jl, )
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Filing 153
ORDER granting #152 Motion for Extension of Time to reply to defendants' joint memorandum in opposition to plaintiffs' motion to quash. Signed by Judge Timothy S. Black on 5/11/04. (jl, )
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| Filing 152 MOTION for Extension of Time by Plaintiffs Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker. (Laufman, Paul) |
| Filing 151 MOTION for Extension of Time until 5/17/04 to responsd to pltf's motion for sanctions #145 by Defendant James - Cramer. (Ghiz, Leslie) |
| Filing 150 RESPONSE in Opposition re #145 MOTION for Protective Order MOTION to Quash MOTION for Sanctions Joint Memorandum filed by Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa, John Doe(s), Albert J Schuholz, Audrey Stevens, Bruce NMI Wright. (Attachments: #1 Exhibit Kammeyer Narrative)(Hurley, Brian) |
| Filing 149 Response re #148 Supplemental - Supporting, by Defendant William Nuss. (Hurley, Brian) |
| Filing 148 Supplemental Memorandum Supporting re #145 MOTION for Protective Order MOTION to Quash MOTION for Sanctions filed by Plaintiffs Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker. (Attachments: #1 Exhibit A)(Laufman, Paul) |
| Filing 147 NOTICE of Hearing: Settlement Conference set for 5/18/2004 03:00 PM in chambers before S Arthur Spiegel. (km, ) |
| Filing 146 Supplemental Memorandum Opposing re #136 MOTION to Compel filed by Plaintiffs Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker, Patricia Kammeyer, James - Wright, Jan Lorraine Miller, Sue Ranielle Baker. (Laufman, Paul) |
| Filing 145 MOTION for Protective Order, MOTION to Quash subpoenas to pltf's former attorney & MOTION for Sanctions by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, Jan Lorraine Miller, James - Wright. (Attachments: #1 Exhibit A-E)(wam, ) |
| Filing 144 REPLY to Response to Motion re #136 MOTION to Compel filed by Defendant William Nuss. (Hurley, Brian) |
Filing 142
NOTATION ORDER granting #139 MOTION to Seal deposition transcripts & memorandum in opposition to dft Nuss motion to compel #136 . Signed by Judge S Arthur Spiegel on 4/7/2004. (km, )
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| Filing 138 NOTICE of Hearing: Status Conference set for 4/20/2004 10:00 AM in chambers before S Arthur Spiegel. (km, ) |
| Filing 137 First MOTION to Compel Discovery& request for sanctions by Defendant James - Cramer. (Attachments: #1 Affidavit of Leslie Ghiz)(Ghiz, Leslie) |
| Filing 141 NOTICE OF MANUALLY FILING SEALED DEPOSITIONS by Plaintiffs (wam, ) Modified on 4/7/2004 (km, ). |
| Filing 140 DECLARATION of Alphonse A. Gerhardstein. (wam, ) |
| Filing 139 MOTION to Seal deposition transcripts & memorandum in opposition to dft Nuss motion to compel (doc.#136). by Plaintiffs Sue Ranielle Baker, Jan Lorraine Miller, James - Wright. (wam, ) |
| SEALED DEPOSITIONS by Plaintiffs.(wam, ) |
Filing 136
MOTION to Compel by Defendant William Nuss. (Attachments: # 1 Affidavit Brian E. Hurley# 2 Exhibit nussexhibits2)(Hurley, Brian) Additional attachment(s) added on 3/15/2004 (wam, ). Additional attachment(s) added on 3/15/2004 (wam, ). Exhibit#'s 2 & 3 removed from this docket entry pursuant to #158 Order entered by Magistrate Judge Black sealing them. Modified on 5/18/2004 (art, ). Additional attachment(s) Exhibit#'s 1 & 4 thru 10 in support of motion added on 5/18/2004 (art, ). Modified on 5/18/2004 (art, ). Modified on 5/18/2004 (art, ).
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Filing 135
ORDER granting #133 Motion to Substitute Attorney. Added attorney Randolph Harry Freking for James Cramer, Robert Joseph Gehring and Brian E Hurley for William Nuss. Attorney Thomas Tracey Keating terminated for these defendants. Further, because defts Cramer and Nuss are sued in part in their official capacities, they and their counsel have access to documents of Defendant City of Sharonville, OH in the possession of the Court and the copies of thoses documents in the possession of the City and its trial counsel. Pltfs and their counsel shall also have access to the documents of the City of Sharonville at the offices of Schroeder, Maundrell, Barbiere & Powers on the same basis as counsel for Defendants Cramer and Nuss. Signed by Judge S Arthur Spiegel on 1/28/2004. (km, )
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Filing 134
ORDER vacating this Court's prior pretrial scheduling order #125 and resets this matter according the the following schedule. The Court further orders that the depositions of defendants Cramer, Nuss, and Schappa take place at the courthouse on or before 2/25/2004, 2/26/2004 and 2/27/2004. In conformity with this Court's 1/16/2003 order 79 counsel for the respective defendants may review the sealed documents in the court's chambers. Discovery due by 7/1/2004. Dispositive Motions due by 8/1/2004. Final Pretrial Conference tentatively set for 10/6/2004 09:00 AM. One-week Jury Trial tentatively set for 11/16/2004 09:30 AM on an on-deck basis. Signed by Judge S Arthur Spiegel on 1/27/2004. (km, )
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| Filing 133 MOTION to Substitute Attorney by Defendants James - Cramer, William Nuss. (Attachments: #1 Text of Proposed Order Order for Substitution of Counsel for Defendants James I. Cramer and William Nuss)(Keating, Thomas) |
| Filing 132 ANSWER OF DEFENDANTS CITY OF SHARONVILLE, OHIO AND MIKE SCHAPPA, TO PLAINTIFFS' THIRD AMENDED COMPLAINT ANSWER to Amended Complaint by Defendant City of Sharonville.(Barbiere, Lawrence) |
| Filing 131 ANSWER to Amended Complaint by Defendants James - Cramer, William Nuss.(Keating, Thomas) |
Filing 130
ORDER denying #121 Motion to Dismiss Third Amended Complaint by defendants Mike Schappa and City of Sharonville, denying #124 Motion to Dismiss Third Amended Complaint by defendants James Cramer and William Nuss. Signed by Judge S Arthur Spiegel on 12/16/2003. (km, )
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| Filing 129 RESPONSE in Support re #124 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Defendants James - Cramer, William Nuss. (Attachments: #1 Bower v. Village of Mt. Sterling#2 Callihan v. Sudimack#3 Coon v. Heron)(Keating, Thomas) |
| Filing 128 RESPONSE in Support re #121 MOTION to Dismiss Third Amended Complaint filed by Defendants City of Sharonville, Mike Schappa. (Attachments: #1 Attachment 1)(Barbiere, Lawrence) |
| Filing 127 RESPONSE in Opposition re #124 MOTION to Dismiss, #121 MOTION to Dismiss Third Amended Complaint filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, Jan Lorraine Miller, James - Wright. (Laufman, Paul) |
| Filing 126 MANDATE of USCA (wam, ) |
Filing 125
ORDER granting #123 Joint Motion to Continue/Modify Case Schedule; the Court vacates the Preliminary Pretrial Order 38 and resets this matter as follows: Dispositive Motions due by 4/1/2004. Discovery deadline set for 3/1/2004; Final Pretrial Conference set for 5/13/2004 at 2:00 PM. One-week jury trial set for 6/15/2004 on an on-deck basis. Signed by Judge S Arthur Spiegel on 9/24/2003. (km, )
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| Set/Reset Hearings: Final Pretrial Conference set for 5/13/2004 02:00 PM. One-week Jury Trial set for 6/15/2004 on an on-deck basis.(km, ) |
| Set/Reset Deadlines: Discovery due by 3/1/2004. Motions due by 4/1/2004. (km, ) |
| Filing 124 MOTION to Dismiss Third Amended Complaint by Defendants James Cramer and William Nuss. Responses due by 10/16/2003 (km, ) |
| Filing 123 Joint MOTION to Continue Case Schedule by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, Jan Lorraine Miller, James - Wright, Defendants City of Sharonville, James - Cramer, William Nuss, Mike Schappa. (Laufman, Paul) |
Filing 122
ORDER of USCA DENYING Albert Schuholz's petition for rehearing (wam, )
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| Filing 121 MOTION to Dismiss Third Amended Complaint by Defendants City of Sharonville, and Mike Schappa. Responses due by 10/9/2003 (Attachments: #1 Exhibit Unreported Cases)(km, ) |
| Filing 120 NOTICE of Hearing:Final Pretrial Conference set for 10/1/2003 09:00 AM in chambers before S. Arthur Spiegel. (km, ) |
| Filing 119 AMENDED COMPLAINT (THIRD) against City of Sharonville, James - Cramer, John Doe(s), William Nuss, Mike Schappa, filed by Plaintiffs Sue Ranielle Baker, Patricia Kammeyer, Jan Lorraine Miller, James - Wright(Laufman, Paul) Modified on 9/9/2003 (wam, ). |
Filing 118
ORDER denying 112 Motion for Reconsideration by defendants City of Sharonville and Mike Schappa; granting plaintiff's renewed motion to file third amended complaint 114 ; plaintiffs shall file such complaint forthwith. Signed by Judge Arthur S. Spiegel on 09/02/2003.km, )
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| Filing 117 MANDATE/ORDER OF USCA 6th: ( no pgs: 2) (wam) |
| APPEAL Record Returned from USCA 6th Circuit (km) |
Filing 116
ORDER OF USCA 6th: dismissing the appeal [104-1] ( no pgs: 2) (wam)
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Filing 115
ORDER OF USCA 6th: remanding the matter back to District Court [Appeal [99-1], remanding the matter back to District Court [Appeal [94-1] ( no pgs: 2) (wam)
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| Filing 114 MEMORANDUM by plaintiffs in opposition to motion for reconsideration of order certifying its intention to grant pltfs motion to file 3rd amended complaint [109-1] [112-1] ( no pgs: 11) (km) |
| Filing 113 RECORD CERTIFIED to USCA 6th: consisting of three volumes (sv) |
| Filing 112 MOTION by defendants Mike Schappa & City of Sharonville for reconsideration of order certifying its intention to grant pltfs motion to file 3rd amended complaint [109-1] ( no pgs: 4) (wam) |
| Filing 111 MEMORANDUM by defendants City of Sharonville and Mike Schappa in opposition to motion to certify to COFA Sixth Circuit the district court's intention to grant pltfs motion to file a third amended complaint and thereby dismissing the individual federal civil rights claims subject to the defense of qualified immunity and permitting this matter to be heard on its merits [106-1] ( no pgs: 11+) (km) |
Filing 110
ORDER by Judge S. A. Spiegel denying motion for judgment against plaintiffs and other relief [103-1]; deft Albert Schuholz is no longer a party to this suit and the Court will not entertain his motion (cc: all counsel) ( no pgs: 1) (km)
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Filing 109
ORDER by Judge S. A. Spiegel denying motion to certify to COFA Sixth Circuit the district court's intention to grant pltfs motion to file a third amended complaint and thereby dismissing the individual federal civil rights claims subject to the defense of qualified immunity and permitting this matter to be heard on its merits [106-1] for lack of jurisdiction, but CERTIFIES its intention to grant pltfs motion to file third amended complaint [83-1] if jurisdiction were vested before it (cc: all counsel/COFA) ( no pgs: 3) (km)
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| Filing 108 NOTICE by plaintiffs of order by COFA Sixth Circuit regarding dismissal of individual federal civil rights claims by the district court pursuant to motion to certify intent to grant motion to file third amended complaint [106-1] ( no pgs: 3+exh A) (km) |
| Filing 106 MOTION by plaintiff to certify to COFA Sixth Circuit the district court's intention to grant pltfs motion to file a third amended complaint and thereby dismissing the individual federal civil rights claims subject to the defense of qualified immunity and permitting this matter to be heard on its merits ( no pgs: 5+) (km) Modified on 05/06/2003 |
| Filing 107 LETTER from COA temporarily holding appeal in abeyance due to no filing fee or motion for leave to appeal ifp to court ( no pgs: 2) (wam) Modified on 05/06/2003 |
| Filing 105 RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 03-3632 (sv) Modified on 05/06/2003 |
| Filing 104 NOTICE OF APPEAL by defendant Albert J Schuholz from Dist. Court decision [102-1] of 03/31/03 ( no pgs: 1) (sv) |
| APPEAL NOTIFICATION issued CA. (sv) |
| Filing 103 MOTION by defendant Albert J Schuholz for judgment against plaintiffs and other relief ( no pgs: 1+) (km) Modified on 04/21/2003 |
Filing 102
ORDER by Judge S. A. Spiegel denying motion to file third amended complaint [83-1], denying motion for reconsideration of order [75-1] [87-1] (cc: all counsel) ( no pgs: 3) (wam)
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| Filing 101 RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 03-3415 (this appeal related to 03-3291.) (art) |
| APPEAL NOTIFICATION issued CA. (kfj) |
| Filing 100 RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 03-3291 (sv) |
| Filing 99 NOTICE OF APPEAL by defendant William Nuss, defendant James - Cramer from Dist. Court decision [93-1] of 02/13/03 ( no pgs: 2+) (sv) |
| APPEAL FEE pd in amount of $ 105.00 ( Receipt # 417973) (sv) |
| Filing 98 REQUEST by defendant Albert J Schuholz for ex parte communication with the court ( no pgs: 1) (km) |
| Filing 97 REQUEST by defendant Albert J Schuholz for the court to forward orders due to non-receipt ( no pgs: 1) (km) |
| APPEAL NOTIFICATION issued CA. (sv) |
| Filing 96 NOTICE/AMENDED certificate of service for notice of appeal by Mike Schappa & City of Sharonville ( no pgs: 2) (wam) |
| Filing 95 REPLY by plaintiffs to response to motion to file third amended complaint [83-1] ( no pgs: 3+) (km) |
| Filing 94 NOTICE OF APPEAL by defendant Mike Schappa from Dist. Court decision [93-1] of 02/13/03 ( no pgs: 2+) (sv) |
| APPEAL FEE pd in amount of $ 105.00 ( Receipt # 417909) (sv) |
Filing 93
ORDER by Judge S. A. Spiegel denying motion to dismiss second amended complaint [49-1], denying motion to dismiss second amended complaint based on qualified immunity [54-1] (cc: all counsel) ( no pgs: 16) (km)
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Filing 92
ORDER OF USCA 6th Circuit: dismissing the appeal [81-1] for lack of appellate jurisdiction ( no pgs: 3) (km)
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Filing 91
ORDER OF USCA 6th Circuit: dismissing the appeal [76-1] for lack of appellate jurisdiction ( no pgs: 3) (km)
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| Filing 90 MEMORANDUM by defendants Mike Schappa and City of Sharonville in opposition to motion to file third amended complaint [83-1] ( no pgs: 3+) (km) |
| TRANSCRIPT ORDER FORM unnecessary for appeal purposes (km) |
| Filing 89 MEMORANDUM by defendants Mike Schappa and City of Sharonville in opposition to motion to certify appeal filed by defendants Schappa and City of Sharonville as frivolous [82-1] ( no pgs: 7+) (km) |
| Filing 88 MOTION by defendant Albert J Schuholz to compel discovery & records ( no pgs: 1+) (wam) |
| Filing 87 MOTION by defendant Albert J Schuholz for reconsideration of order [75-1] ( no pgs: 1+) (wam) |
| Filing 86 NOTICE by COFA in re filing fee unpaid for appeal #03-3133 ( no pgs: 2) (wam) |
| Filing 85 RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 03-3141 (sv) |
| Filing 84 RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 03-3133 (sv) |
| Filing 83 MOTION by plaintiff to file third amended complaint ( no pgs: 17) (wam) |
| Filing 82 MOTION by plaintiffs to certify appeal filed by defendants Schappa and City of Sharonville as frivolous ( no pgs: 4) (km) |
| APPEAL NOTIFICATION issued CA. (sv) |
| Filing 81 NOTICE OF APPEAL by defendant Mike Schappa, defendant City of Sharonville from Dist. Court decisions [75-1] of 12/26/02 and [79-1] of 01/16/03 ( no pgs: 2+) (sv) |
| APPEAL FEE pd in amount of $ 105.00 ( Receipt # 417674) (sv) |
| Filing 80 JUDICIAL NOTICE AND DEFAULT JUDGMENT by defendant Albert J Schuholz ( no pgs: 6+) (km) |
Filing 79
ORDER by Judge S. A. Spiegel granting in part motion for protective order [78-1] and to immediately produce the sealed investigative documents [51-1] to pltfs counsel pursuant to order [75-1] [78-2] and denying in part pltfs motion to the extent that it requests review of such documents outside of courts chambers; the documents submitted to the court for in-camera inspection [51-1] shall be avail for review and note-taking in the courts chambers by counsel for the parties only for use in this litigation only; the docs shall be held confidential, and their contents shall not be used for any purpose other than the pursuit of this pending civil litigation except pursuant to further order of the court; the court will address access to these docs by counsel for any John Doe defts or counsel for any other defts to be named later when and if such defts are added to this lawsuit; this order does not affect any position taken by the City of Sharonville regarding access to these records under the Ohio Public Records Act or other provisions or precedent under Ohio law; this order is based on federal law rather than state law; this order does not apply to law enforcement personnel who otherwise have access to the records due to their involvement in the criminal prosecution of Albert Schuholz including but not limited to the City of Sharonville police officials and members of the Hamilton Co Prosecutors Office (cc: all counsel) (no pgs: 3) (km)
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| Filing 78 MOTION by plaintiff for protective order , and to immediately produce the sealed investigative documents [51-1] to pltfs counsel pursuant to order [75-1] ( no pgs: 3+exh A-C) (km) |
| Filing 77 MOTION by defendant Albert J Schuholz for leave to appeal in forma pauperis ( no pgs: 2+) (scot) |
| Filing 76 NOTICE OF APPEAL by defendant Albert J Schuholz from Dist. Court decision [75-1] of 12/26/02 ( no pgs: 2) (scot) |
| APPEAL NOTIFICATION issued CA. (sv) |
Filing 75
ORDER by Judge S. A. Spiegel denying motion to dismiss [14-1], granting in part motion for reconsideration to alter or amend order [64-1] [66-1] to the extent that it orders the Clerk to strike the phrase "it is highly questionable whether defendant Schuholz will ever be tried in Hamilton County" from its 11/29/02 order [64-1], denying motion to stay the releasing of any of the documents which have been submitted for in-camera inspection [51-1] [52-1], denying motion to alter/amend order re disclosure of in-camera documents [64-1] [68-1], granting motion to dismiss defendants Schuholz Audrey Stevens and Bruce Wright without prejudice [65-1] dismissing parties Albert J Schuholz, Audrey Stevens and Bruce NMI Wright without prejudice; the court further denies as moot the following motions filed by defendant Schuholz: denying as moot motion to dismiss first amended complaint [15-1], denying as moot motion to compel answers to discovery interrogatories [31-1], denying as moot motion to compel discovery [32-1], denying as moot motion to file third party complaint [42-1], denying as moot motion to dismiss [73-1] (cc: counsel) ( no pgs: 14) (km) Modified on 9/9/2003 (km, ).
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| Filing 74 REPLY by defendants Mike Schappa and City of Sharonville to response to motion to alter/amend order re disclosure of in-camera documents [64-1] [68-1] ( no pgs: 3) (km) |
| Filing 73 MOTION by defendant Albert J Schuholz to dismiss ( no pgs: 6) (km) |
| Filing 72 REPLY by defendant William Nuss, James - Cramer to response to motion for reconsideration to alter or amend order [64-1] [66-1] ( no pgs: 8+) (wam) |
| Filing 71 MEMORANDUM by defendants Mike Schappa and City of Sharonville in opposition to motion to dismiss defendants Albert Schuholz Audrey Stevens and Bruce Wright without prejudice [65-1] ( no pgs: 3) (km) |
Filing 70
ORDER OF USCA 6th Circuit: dismissing the appeal [50-1] without prejudice to defts right to perfect a future timely appeal in the event that he is denied qualified immunity ( no pgs: 3) (km)
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| Filing 69 BRIEF addressing issues raised by Court at status conference held 12/3/02 filed by plaintiffs ( no pgs: 9+exh A-B) (km) |
| Filing 68 MOTION by defendants City of Sharonville and Mike Schappa to alter/amend order re disclosure of in-camera documents [64-1] ( no pgs: 4) (km) |
| Filing 67 OBJECTIONS by defendant Albert J Schuholz to court order re release of in-camera documents pertaining to criminal investigation [64-1] ( no pgs: 5) (km) |
| Filing 66 MOTION by defendant James - Cramer, William Nuss for reconsideration to alter or amend order [64-1] ( no pgs: 3) (wam) |
| Filing 65 MOTION by plaintiffs to dismiss defendants Albert Schuholz Audrey Stevens and Bruce Wright without prejudice ( no pgs: 3) (km) |
Filing 64
ORDER by Judge S. A. Spiegel; the Court finds the sealed docs for In-Camera Inspection filed by dfts City of Sharonville & Mike Shappa contain relevant information to the allegations of cover up in this case; The Court finds appropriate a limited release of such docs to pltfs counsel but STAYS such release pending filing of an agreed protective order by the parties establishing a protocol for the reviewing of such docs which will protect the interest of all parties (cc: all counsel) ( no pgs: 3) (km)
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| Filing 63 NOTICE of hearing ; Status conference set for 11:00 12/3/02 Rm 838 before J Spiegel (cc: all counsel) (km) |
| Filing 62 REPLY by defendants James Cramer and William Nuss to response to motion to dismiss second amended complaint based on qualified immunity [54-1] ( no pgs: 14) (km) |
| Filing 61 REPLY by defendants City of Sharonville and Mike Schappa to response to motion to dismiss second amended complaint [49-1] ( no pgs: 11) (km) |
| Filing 60 REPLY by defendants City of Sharonville and Mike Schappa to response to motion to stay the releasing of any of the documents which have been submitted for in-camera inspection [51-1] [52-1] (no pgs: 2) (km) |
| Filing 59 OBJECTIONS AND EXCEPTIONS by defendant Albert J Schuholz to court order re motion for reconsideration of referral to MJ Sherman [22-2] ( no pgs: 3) (km) Modified on 10/28/2002 |
| Filing 58 MEMORANDUM by plaintiffs in opposition to motions to dismiss second amended complaint [49-1] [54-1] ( no pgs: 25) (km) Modified on 10/25/2002 |
| Filing 57 MEMORANDUM by plaintiffs in opposition to motion by defendants City of Sharonville and Mike Schappa to stay the releasing of any of the documents which have been submitted for in-camera inspection [51-1] [52-1] ( no pgs: 6+) (km) |
| Filing 56 REPLY by defendant Albert J Schuholz to response to motion to file third party amended complaint [42-1] ( no pgs: 5) (km) |
| Filing 55 RESPONSE by defendant Albert J Schuholz to false investigation file of James Cramer [51-1] filed pursuant to order [40-1] ( no pgs: 6) (km) |
| Filing 54 MOTION by defendants James Cramer and William Nuss to dismiss second amended complaint based on qualified immunity ( no pgs: 25) (km) |
| Filing 53 RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 02-4127 (scot) |
| Filing 52 MOTION by defendants City of Sharonville and Mike Schappa to stay the releasing of any of the documents which have been submitted for in-camera inspection [51-1] ( no pgs: 4) (km) |
| Filing 51 SEALED DOCUMENTS FOR IN-CAMERA INSPECTION filed by defendants City of Sharonville and Mike Schappa pursuant to court order of 9/6/02 [40-1] (km) |
| APPEAL NOTIFICATION issued CA. (scot) |
| Filing 50 NOTICE OF APPEAL by defendant Mike Schappa from Dist. Court decision [44-1] of 9/25/02 ( no pgs: 2+) (scot) |
| APPEAL FEE pd in amount of $ 105.00 ( Receipt # 416486) (scot) |
| Filing 49 MOTION by defendants Mike Schappa and City of Sharonville to dismiss second amended complaint ( no pgs: 33+) (km) |
Filing 48
ORDER by Judge S. A. Spiegel granting motion to alter/amend order denying motions to dismiss for qualified immunity [44-1] [47-1]; the court amends its holding in order [44-1] as to the issue of qualified immunity and orders all parties raising a challenge on the basis of qualified immunity to direct such challenge to pltfs second amended complaint (cc: all counsel) ( no pgs: 1) (km)
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| Filing 47 MOTION by plaintiffs to alter/amend order denying motions to dismiss for qualified immunity [44-1] ( no pgs: 3) (km) |
| Filing 46 MEMORANDUM by plaintiffs in opposition to motion by defendant Albert J Schuholz to file third party complaint [42-1] ( no pgs: 5) (km) |
| Filing 45 SECOND AMENDED COMPLAINT by plaintiffs; jury demand, adding Bruce Wright ( no pgs: 19) (km) |
Filing 44
ORDER by Judge S. A. Spiegel granting motion for leave to file second amended complaint [16-1], denying motion to dismiss amended complaint based on issue of qualified immunity [5-1], denying motion to dismiss first amended complaint based on issue of qualified immunity [9-1]; defts are to amend the remaining arguments within their motions to dismiss [5-1] [9-1] so that address the amended complaint; defts are granted 15 days to amend their motions to dismiss after which pltfs shall file response (cc: all counsel) ( no pgs: 16) (km)
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| Filing 43 REQUEST TO TAKE JUDICIAL NOTICE by defendant Albert J Schuholz re proposed third party complaint ( no pgs: 1) (km) |
| Filing 42 MOTION by defendant Albert J Schuholz to file third party amended complaint ; third party complaint attached ( no pgs: 4) (km) |
Filing 41
ORDER by Judge S. A. Spiegel vacating order re plaintiffs motion to compel production of criminal investigation records [39-1] in it's entirety due to administrative error in generating two orders on the same motion (cc: all counsel) ( no pgs: 1) (km)
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Filing 40
ORDER by Judge S. A. Spiegel granting motion to compel production of criminal investigation records [17-1] as to the Cramer Cover-up investigation documents; the court further ORDERS that the balance of the documents in the Schuholz/Burns murder investigation be filed by the defts under seal for in camera investigation by the court (cc: all counsel) ( no pgs: 6) (km)
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Filing 39
ORDER by Judge S. A. Spiegel granting motion to compel production of criminal investigation records [17-1] as to the Cramer Investigation documents and denying the motion to compel [17-1] as to the Schuholz/Burns murder investitation with leave to renew in the future depending upon developments in the state court litigation (cc: all counsel) ( no pgs: 5) (km)
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Filing 38
ORDER by Judge S. A. Spiegel ; Prelim pretrial conf held 10:00 8/21/02; Dispositive Mtn filing ddl set for 7/1/03 ; Discovery ddl set for 6/1/03; Final pretrial conf tentatively set 10:00 10/1/03; Two-week Jury trial tentatively set for 12/8/03 on an on-deck basis (cc: all counsel) ( no pgs: 3) (km)
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| Filing 37 SUPPLEMENT/MEMORANDUM by defendant Albert J Schuholz in opposition to motion for reconsideration of order referring case to MJ Sherman [8-2] [11-1] ( no pgs: 1+) (km) |
| Filing 36 Supplemental memorandum by defendant Albert J Schuholz in opposition to to motion for leave to file second amended complaint [16-1] [26-1] ( no pgs: 1) (km) |
| Filing 35 NOTICE resetting this action for Preliminary PTC 10:00 8/21/02 Rm 838 before J Spiegel (no pgs: 2) (cc: all counsel) (km) |
| Filing 34 MEMORANDUM by defendant Albert J Schuholz in support of motion to compel answers to discovery interrogatories [31-1] and motion to compel discovery [32-1] ( no pgs: 1) (km) |
| Filing 33 NOTICE resetting this action for Preliminary PTC from 5/22/02 to 3:00 6/20/02 before J Spiegel no pgs: 1 (cc: all counsel) (vp) |
| Filing 32 MOTION by defendant Albert J Schuholz to compel discovery ( no pgs: 1) (km) |
| Filing 31 MOTION by defendant Albert J Schuholz to compel answers to discovery interrogatories ( no pgs: 1) (km) |
| Filing 30 REPLY by plaintiffs to response to motion for leave to file second amended complaint [16-1] ( no pgs: 8) (km) |
| Filing 29 REPLY by plaintiffs to response to motion to compel production of criminal investigation records [17-1] ( no pgs: 10) (km) |
| Filing 28 NOTICE setting this action for Preliminary PTC 10:00 5/22/02 Rm 838 before J Spiegel (no pgs: 2) (cc: all counsel) (km) |
NOTATION ORDER by Mag. Judge Jack Sherman granting unopposed motion to extend time until 5/3/02 in which to file reply to responses to motions for leave to file second amended complaint [16-1] and to compel production of criminal investigation records [17-1] [27-1] (cc: all counsel) (km)
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| Filing 27 UNOPPOSED MOTION by plaintiffs to extend time until 5/3/02 in which to file reply to responses to motions for leave to file second amended complaint [16-1] and to compel production of criminal investigation records [17-1] ( no pgs: 3) (km) |
| Filing 26 MEMORANDUM by defendant Albert J Schuholz in opposition to motion for leave to file second amended complaint [16-1] ( no pgs: 1) (km) |
| Filing 25 MEMORANDUM by defendants William Nuss and James Cramer in opposition to motion for leave to file second amended complaint [16-1] ( no pgs: 4) (km) |
| Filing 24 MEMORANDUM by defendants Mike Schappa and City of Sharonville in opposition to motion for leave to file second amended complaint [16-1] ( no pgs: 9+) (km) |
| Filing 23 MEMORANDUM by defendants Mike Schappa and City of Sharonville in opposition to motion to compel production of criminal investigation records; [17-1]; declarations of pltf counsel attached ( no pgs: 4+) (km) |
Filing 22
ORDER by Judge S. A. Spiegel granting motion for reconsideration of order referring case to MJ Sherman [8-2] [11-1] terminating case referral to Mag. Judge Jack Sherman (cc: all counsel) ( no pgs: 2) (vp)
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| Filing 21 REPLY by defendants James Cramer and William Nuss to response to motion to dismiss first amended complaint based on qualified immunity [9-1] ( no pgs: 7) (km) |
| Filing 20 REPLY by defendants Mike Schappa and City of Sharonville to response to motion to dismiss amended complaint based on qualified immunity [5-1] ( no pgs: 15) (km) |
| Filing 19 NOTICE by plaintiffs of withdrawal of motion for default judgment against Albert J Schuholz [10-1] ( no pgs: 2) (km) |
| Filing 18 MEMORANDUM by plaintiffs in opposition to pending motions to dismiss by defendants Schappa and City of Sharonville [5-1], defendants Cramer and Nuss [9-1], defendant Stevens [14-1], and defendant Schuholz [15-1] ( no pgs: 19+exh A1-A6) (km) |
| Filing 17 MOTION by plaintiffs to compel production of criminal investigation records ; declarations of pltf counsel and James Wright attached ( no pgs: 5+exh A-C) (km) |
| Filing 16 MOTION by plaintiffs for leave to file second amended complaint ; second amended complaint attached ( no pgs: 2) (km) |
| Filing 15 MOTION by defendant Albert J Schuholz to dismiss first amended complaint ( no pgs: 2+) (km) |
| Filing 14 MOTION by defendant Audrey Stevens to dismiss ( no pgs: 20) (km) |
Filing 13
Stipulation and ORDER by Mag. Judge Jack Sherman: granting joint motion to extend time until 3/8/02 in which to file response to motions to dismiss [12-1] (cc: all counsel) ( no pgs: 2) (km)
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| Filing 12 JOINT MOTION to extend time until 3/8/02 in which to file response to motions to dismiss ( no pgs: 2) (km) |
| Filing 11 MOTION by plaintiffs for reconsideration of order referring case to MJ Sherman [8-2] ( no pgs: 3) (km) |
| Filing 10 MOTION by plaintiffs for default judgment against Albert J Schuholz ; STATUS CONFERENCE REQUESTED ( no pgs: 3) (km) |
| Filing 9 MOTION by defendants William Nuss and James Cramer to dismiss first amended complaint based on qualified immunity ( no pgs: 19) (km) |
Filing 8
ORDER by Judge S. A. Spiegel Case referred to Mag. Judge Jack Sherman (cc: all counsel) ( no pgs: 1) (km)
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| Filing 7 ANSWER by defendant Albert J Schuholz ( no pgs: 1) (km) |
Filing 6
Stipulation and ORDER by Judge S. A. Spiegel: by agreement of parties defts Cramer and Nuss are granted an ext of time until 1/16/02 in which to file responsive pleading to pltfs complaint; pltfs are also granted an ext of time equal to the time for defts Cramer and Nuss to file answer in which to file response to motion to dismiss of defts Schappa and City of Sharonville (cc: all counsel) ( no pgs: 2) (km)
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| Filing 5 MOTION by defendants Mike Schappa and City of Sharonville to dismiss amended complaint based on qualified immunity ( no pgs: 20+) (km) |
| Filing 4 RETURN OF SERVICE executed upon defendant Albert J Schuholz on 11/28/01 by personal service via USMS ( no pgs: 1) (km) |
| Filing 3 NOTICE by plaintiffs of filing first amended complaint ( no pgs: 2) (km) |
| Filing 2 FIRST AMENDED COMPLAINT by plaintiffs; jury demand adding plaintiffs Jan Lorraine Miller and Sue Ranielle Baker, and defendant Audrey Stevens ( no pgs: 16) (km) |
| Filing 1 COMPLAINT & JURY DEMAND ( no. pgs: 14) (km) |
| Filing Fee Paid: on 9/25/01 in the amount of $ 150.00, receipt # 100412369. (km) |
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