Estate of Roger D Owensby v. Cincinnati City of, et al
| Estate of Roger D Owensby Jr |
| Chris Campbell, Cincinnati City of, John Shirey, Kent A Ryan, S Gregory Baker, Thomas Streicher, Jr, Robert B Jorg, Officer Patrick Caton, David Hunter, Darren Sellers, Jason Hodge, Victor Spellen, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Golf Manor City of, Stephen Tilley, Roby Heiland, John Doe, Huntington Meadows LTD, Donald Whitiker, Nat Watson, Brian Manefee, John Doe #8, Caton, Jorg, Hodge, Sellers, Spellen and City of Cincinnati and Chief Thomas Streicher |
| Hamilton County Prosecutors Office |
| Karen D Meyers |
| State of Ohio |
| lawson/Abraham |
| 1:2001cv00769 |
| November 6, 2001 |
| US District Court for the Southern District of Ohio |
| S Arthur Spiegel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 16, 2010. A more recent docket listing may be available from PACER.
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Filing 260
ORDER granting #259 Joint Amended Motion to Close Qualified Settlement Fund. The Court ORDERS that the Owensby Qualified Settlement Fund is closed. Administrator Karen D. Meyers is hereby directed to perform all duties necessary to close the fund. Furthermore, this Court ORDERS that the remaining balance in the Fund be distributed in accordance with the proposal shown on Exhibit "A" of Applicant's motion. Signed by Judge S Arthur Spiegel on 3/16/2010. (km1)
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| Filing 259 Amended MOTION Closure of Qualified Settlement Fund (Joint Amended Motion to Close Qualified Settlement Fund) by Special Master Karen D Meyers. (Attachments: #1 Text of Proposed Order Draft Order Granting 'Joint Amended Motion to Close Qualified Settlement Fund') (Meyers, Karen) (Additional attachment(s) added on 3/16/2010: #2 Exhibit A) (km1). |
| Filing 258 NOTICE of Hearing: Status Conference re MOTION TO CLOSE QUALIFIED SETTLEMENT FUND #253 reset for 11/18/2009 04:00 PM (TIME CHANGE ONLY) in Chambers before Judge S Arthur Spiegel. (km1) |
| Filing 257 NOTICE of Hearing: Status Conference re #253 Motion to Close Qualified Settlement Fund set for 11/18/2009 03:00 PM in Chambers before Judge S Arthur Spiegel. (km1) |
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Filing 256
ORDER re #253 MOTION to Close Qualified Settlement Fund filed by Settlement Master Karen D Meyers. Pursuant to the status conference held 8/6/2009 with the Special Master and Plaintiff, Plaintiff withdraws his opposition to Settlement Master's motion #254 . The Court CONTINUES this matter for a status conference on 10/8/2009 at 11:00 AM with the Settlement Master and counsel for Plaintiff. Signed by Judge S Arthur Spiegel on 8/6/2009. (km1, )
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| Filing 255 NOTICE of Hearing: Status Conference re #253 Motion to Close Qualified Settlement Fund set for 8/6/2009 11:00 AM in Chambers before Judge S Arthur Spiegel. (km1, ) |
| Filing 254 RESPONSE in Opposition re #253 MOTION for Hearing to Close Qualified Settlement Fund filed by Plaintiff Estate of Roger D Owensby Jr. (km1, ) |
| Filing 253 MOTION for Hearing re #237 Order on Motion for Settlement, to Close Qualified Settlement Fund by Special Master Karen D Meyers. (Meyers, Karen) Modified to clarify docket text on 6/26/2009 (jweb1, ). |
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Filing 252
NOTATION ORDER granting #251 Motion by Attorney John Helbling to Withdraw as Co-Counsel for Plaintiff. Signed by Judge S Arthur Spiegel on 6/9/2009. (km1, )
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| Filing 251 AMENDED MOTION by Attorney John Helbling to Withdraw as Co-Counsel for Plaintiff by Plaintiff Estate of Roger D Owensby Jr. (km1, ) |
| Filing 250 MOTION to Withdraw as Attorney by Plaintiff Estate of Roger D Owensby Jr. (Helbling, John) |
| Filing 248 Transcript of Proceedings (Hearing on Motion to Clarify and Review QSF Disbursement) held on 10/30/2008, before Judge S. Arthur Spiegel. Court Reporter/Transcriber Jodie Perkins (Official), Telephone number (513) 564-7676 (no. pgs: 37). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/6/2009. Redacted Transcript Deadline set for 4/16/2009. Release of Transcript Restriction set for 6/15/2009. (km1, ) |
| Minute Entry for proceedings held before Judge S Arthur Spiegel: Motion Hearing held on 10/30/2008 re #246 MOTION to Clarify and Review QSF Disbursement filed by Estate of Roger D Owensby Jr. Counsel for Plaintiff and Defendant City of Cincinnati present. Status of Qualified Settlement Fund (QSF) addressed by counsel. The Court hereby directs Plaintiff's counsel to advise QSF Administrator Karen Meyers to file a full accounting of the QSF with the Court. The Court intends on unsealing the transcript of the terms of the settlement, and instructs Plaintiff's counsel to review the transcript to determine what information should be redacted (i.e., information regarding settlement as to minor child). The Court also directs Plaintiff's counsel to provide the Court with a copy of the probate court's decision of the magistrate judge with regards to attorneys' fees. (Court Reporter Jodie Perkins (Official).) (km1, ) |
| Filing 247 NOTICE of Hearing on Motion re #246 MOTION to Clarify and Review QSF Disbursement: Motion Hearing set for 10/30/2008 11:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) |
| Filing 246 MOTION to Clarify and Review QSF Disbursement by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit Hamilton County Entry 08042008) (Helbling, John) |
| Filing 245 NOTICE from Court re disposal of depositions pursuant to Local Rule 79.2(a). Any items not retrieved within 20 days of the date of this notice shall be disposed of as waste pursuant to Local Rule 79.2(b) (no later than 4/16/2008). (km1, ) |
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Filing 244
ORDER granting #243 Second Motion to Unseal Transcript. It is hereby ORDERED that that the transcript of the settlement reached by the parties during the afternoon session with the Court on 3/15/2006 is UNSEALED for the limited use of counsel representing the Estate in presenting their case to the fee panel at the fee dispute hearing scheduled for 11/30/2007. Signed by Judge S Arthur Spiegel on 11/6/2007. (km1, )
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| Filing 243 Second MOTION to Unseal Document TRANSCRIPT OF MARCH 15, 2006 AFTERNOON SESSION by Plaintiff Estate of Roger D Owensby Jr. (Helbling, John) |
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Filing 241
ORDER granting #239 Motion to Unseal Transcript of 3/15/2006 Afternoon Session. It is hereby ordered that the transcript of the settlement reached by the parties during the afternoon session with the Court on 3/15/2006 is unsealed for the purposes of filing the transcript for use by the Hamilton County Probate Court, in Case No. 2001 000316. Signed by Judge S Arthur Spiegel on 9/28/2006. (km, )
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| Filing 240 RESPONSE to Motion re #239 MOTION to Unseal Document Transcript of March 15, 2006 Afternoon Session filed by Defendant Caton, Jorg, Hodge, Sellers, Spellen. (Hardin, Donald) |
| Filing 239 MOTION to Unseal Document Transcript of March 15, 2006 Afternoon Session by Plaintiff Estate of Roger D Owensby Jr. (Helbling, John) |
| Filing 238 NOTICE by Plaintiff Estate of Roger D Owensby Jr Terminating Counsel James B. Helmer, Paul B. Martins and Helmer, Martins, Rice & Popham Co., LPA (Helbling, John) |
| Letter from US Supreme Court re denial of petition for writ of certiorari. (scot, ) |
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Filing 237
ORDER granting #236 Motion to Establish Qualified Settlement Fund and to Appoint Fund Administrator. It is ordered that: 1. The Owensby Qualified Settlement Fund is established as a qualified settlement fund within the meaning of Treasury Regulation 1.468B-1; 2. Karen Diane Meyers, MBA/JD, MEd, CPCU, CLU, FLMI, CSSC of KD Meyers & Associates, PSC, is appointed as Administrator of said Fund; 3. All civil liability of Defendants related to the injury and death of Roger D. Owensby, Jr. arising out of decedent's stop, arrest, and death on 11/7/2000, including claims for 42 U.S.C. Section 1988 attorneys fees, expenses and costs, are extinguished and completely discharged and released once: (a) The Owensby Qualified Settlement Fund is established; (b) The Hamilton County Probate Court authorizes Roger Owensby, Administrator of the Estate of Roger D. Owensby, Jr., to execute a settlement and release of all claims against the Cincinnati Defendants; (c) The agreed upon amount of $4,000,000.00 is paid into the Fund; and, (d) The Cincinnati Defendants also have paid the agreed amount of $2,500,000.00 into the trust account of Helmer, Martins, Rice & Popham, Co., LPA, in satisfaction of all claims for 42 U.S.C. Section 1988 attorneys fees and costs. 4. Said payment of $4,000,000.00 from Defendants shall be made into the Owensby Qualified Settlement Fund on or before 5/1/2006. 5. The Fund shall acknowledge the receipt of the $4,000,000.00 in a writing addressed to all signatories of this Motion within five days of receiving said amount. The Fund shall be invested in government money market funds unless otherwise ordered by this Court. 6. The Fund is authorized to enter into agreements with appropriate persons, including the use of settlements with periodic payments upon obtaining an order of the Hamilton County Probate Court, or its successors and assigns in interest regarding distribution. 7. The Fund is authorized to make distribution of the proceeds in compliance with the orders of the Hamilton County Probate Court. 8. The Fund is authorized to effect qualified assignments of any resulting periodic payment liability within the meaning of Section 130(c) of the Internal Revenue Code to the qualified assignee. 9. The Fund is ordered to: pay any taxes as they become due from the earnings on the Fund; file any required tax returns as they become due, and, file a final distribution report with the Court terminating the Fund once all matters are resolved with the Hamilton County Probate Court. 10. Said payment of $2,500,000.00 shall be paid into the trust account of Helmer, Martins, Rice & Popham, Co., LPA on or before 5/1/2006. 11. This Court retain jurisdiction over this case for the purpose of enforcing this settlement. Signed by Judge S Arthur Spiegel on 4/4/2006. (km, )
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| Filing 236 MOTION for Settlement Motion to Establish Qualified Settlement Fund and to Appoint Fund Administrator by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A, Letters of Authority#2 Exhibit B, Karen D. Meyers Resume)(Martins, Paul) |
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Filing 235
ORDER DISMISSING CASE with prejudice pursuant to settlement by the parties. Any of the parties may, upon good cause shown, within 60 days, reopen the action if settlement is not consummated. The Court retains jurisdiction over the settlement contract for purposes of its enforcement. Signed by Judge S Arthur Spiegel on 3/23/2006. (km, )
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| Filing 234 Letter from Supreme Court of the United States re: petition for a writ of certiorari. (mvl, ) |
| Filing 233 NOTICE of manually filing deposition of Dr. Cyril Wecht by Defendants Darren Sellers, Jason Hodge, Victor Spellen, Robert B Jorg, Patrick Caton (Rutowski, Kimberly) Modified docket text on 3/15/2006 (scot, ). |
| DEPOSITION of Dr. Cyril Wecht taken on 11/15/04 Manually Filed by Defendants Darren Sellers, Jason Hodge, Victor Spellen, Robert B Jorg, Patrick Caton.(scot, ) |
| Filing 232 REPLY to Response to Motion re #225 Joint MOTION Of Defendants To Re-Open The Trial Deposition Of Cyril Wecht, M.D. filed by Defendants Darren Sellers, Jason Hodge, Victor Spellen, City of Cincinnati and Chief Thomas Streicher, Cincinnati City of, Robert B Jorg, Patrick Caton. (Attachments: #1 Affidavit Benjamin S. Albrecht)(Hurley, Brian) |
| Filing 231 NOTICE of Hearing: Pretrial Conference set for 3/15/2006 09:00 AM in chambers before S Arthur Spiegel. (km, ) |
| Filing 230 RESPONSE in Opposition re #225 Joint MOTION Of Defendants To Re-Open The Trial Deposition Of Cyril Wecht, M.D. filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A, Korte, Forensic Expert Hired to Review Owensby Case#2 Exhibit B, Korte, Coroner's Review Verifies Owensby's Cause of Death#3 Exhibit C, Garretson, Report Blames Ex-Officer for Death#4 Exhibit D, Foreman, Outside Expert--Police Officer Killed Roger Owensby#5 Exhibit E, Garretson, Internal Reports Fault Officers#6 Exhibit F, Ward, Wecht Indicted By Grand Jury#7 Exhibit G, O'Toole, Wecht No Stranger To Controversy#8 Exhibit H, Smydo, Feud Pits 2 Powerful Dems Against Each Other#9 Exhibit I, McKinnon, Judge Blocks Wecht on 2 Open Inquests#10 Exhibit J, Roddy, Wecht Legal Team Tries To Head Off Indictment#11 Exhibit K, Judge Rules for Zappala, Against Wecht#12 Exhibit L, Andrews, Owens Endorsed By FOP In County Coroner's Race#13 Exhibit M, Batz, Cyril H. Wecht--Up-Close and Personal With Candidates for Allegheny County Executive#14 Exhibit N, Massie, Wecht--Charge Police in Mount Oliver Death#15 Exhibit O, Schackner, Over 100 Marchers Criticize Police in Deaths of Black Men#16 Exhibit P, Two Good Choices#17 Exhibit 27, Part II#18 Exhibit 103#19 Exhibit 108#20 Exhibit 122#21 Wecht 2-25-04 Depo Excerpts#22 American Environmental Enterprises v. Health Environmental Loss Prevention#23 City of Cincinnati v. Queen City Lodge No. 69, FOP#24 United States v. Edgecombe#25 Callihan v. Sudimack#26 Emph v. Sudimack)(Martins, Paul) |
| Filing 229 MOTION to Quash Plaintiff's Motion to Enforce Scheduling Order (Doc. 34) and, in the Alternative, Motion to Quash Subpoenas Issued More Than Two Years After the Discovery Cutoff by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A, Cover Ltr and Subpoenas#2 Exhibit B, Plaintiff's Response to First Request for Production of Documents#3 Exhibit C, 11-21-03 Deposition of Donna Marie Todd)(Martins, Paul) |
| Filing 228 NOTICE of Hearing: Pretrial Conference set for 3/9/2006 11:00 AM in chambers before S Arthur Spiegel. (km1, ) |
| Filing 227 REPLY to Response to Motion re #224 MOTION to Reschedule Trial Date and Memorandum in Support filed by Defendant Cincinnati City of. (Ganulin, Richard) |
| Filing 226 RESPONSE in Opposition re #224 MOTION to Reschedule Trial Date and Memorandum in Support filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A, Petition for Rehearing En Banc of City of Cincinnati and Police Officers#2 Exhibit B, Order Denying Petition for Rehearing En Banc#3 Exhibit C, Motion to Stay the Mandate Pending Filing of Petition of Writ of Certiorari#4 Exhibit D, Order Denying Motion to Stay Mandate#5 Exhibit E, Application to U.S. Supreme Court by Cincinnati Police Officers for Stay of Trial#6 2005 Year-End Report on the Federal Judiciary#7 Remarks of the Chief Justice to the Federal Judicial Center National Symposium for United States Court of Appeals Judges)(Martins, Paul) |
| Filing 225 Joint MOTION Of Defendants To Re-Open The Trial Deposition Of Cyril Wecht, M.D. by Defendants Caton, Jorg, Hodge, Sellers, Spellen, City of Cincinnati and Chief Thomas Streicher, Cincinnati City of. (Attachments: #1 Exhibit Indictment of Cyril H. Wecht, M.D.)(Hurley, Brian) |
| Filing 224 MOTION to Reschedule Trial Date and Memorandum in Support by Defendant Cincinnati City of. (Attachments: #1 Exhibit Pages 2 - 13)(Ganulin, Richard) |
| Filing 223 MANDATE of USCA as to #171 Notice of Interlocutory Appeal, filed by Cincinnati City of,, David Hunter,, Thomas Streicher, Jr, Patrick Caton,, Robert B Jorg,, Darren Sellers,, Victor Spellen, and #169 Notice of Interlocutory Appeal, filed by Stephen Tilley,, Roby Heiland,, Chris Campbell. (scot, ) |
| Filing 222 NOTICE of Hearing:Status Conference RESET for 1/18/2006 10:00 AM in chambers before S Arthur Spiegel. (km, ) |
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Filing 221
ORDER of USCA as to #171 Notice of Interlocutory Appeal and #169 Notice of Interlocutory Appeal.scot, )
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| Filing 220 MANDATE of USCA as to #171 Notice of Interlocutory Appeal, and #169 Notice of Interlocutory Appeal.(scot, ) |
| Filing 219 NOTICE of Hearing:Status Conference RESET for 12/8/2005 11:00 AM in chambers before S Arthur Spiegel. (km1, ) |
| Filing 218 NOTICE by Defendants Caton, Jorg, Hodge, Sellers, Spellen, Cincinnati City of re #214 Notice (Other) Corrected Notice Of Substitution Of Trial Attorneys (Hurley, Brian) |
| Filing 217 STIPULATION of Dismissal (Partial) by Defendants Golf Manor City of, Stephen Tilley, Roby Heiland, Chris Campbell. (Weisenfelder, Wilson) |
| Filing 216 NOTICE by Defendant Cincinnati City of Withdrawal (Bissinger, Julie) |
| Filing 215 NOTICE of Hearing: Status Conference RESET for 10/20/2005 11:00 AM in chambers before S Arthur Spiegel. (km, ) |
| Filing 214 NOTICE by Defendants Darren Sellers, Jason Hodge, City of Cincinnati and Chief Thomas Streicher, Cincinnati City of, Thomas Streicher, Jr, David Hunter OF WITHDRAWAL AND SUBSTITUTION OF TRIAL ATTORNEY (Freund, Neil) |
| Filing 213 NOTICE of Hearing: Status Conference set for 9/22/2005 02:00 PM in chambers before S Arthur Spiegel. (km, ) |
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Filing 212
ORDER denying #197 Motion for Summary Judgment, granting in part and denying in part #192 Motion for Summary Judgment by Defendant Hodge such that Defendant Hodge's motion for summary judgment as to Plaintiff's denial of medical care claims and the issue of qualified immunity is DENIED, and his motion for summary judgment as to Plaintiff's excessive force claim is GRANTED, denying #166 Motion to Stay Proceedings, denying #201 Motion to Certify Issues to the Court of Appeals. This matter is set for a Status Conference on 9/22/2005 at 2:00 PM. Signed by Judge S Arthur Spiegel on 9/1/2005. (km, )
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| Filing 211 NOTICE by Defendant Cincinnati City of WITHDRAWAL OF COUNSEL (Geiler, Geri) |
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Filing 210
NOTATION ORDER granting #209 Motion to Withdraw as Attorney. Attorney Frederick Mason Morgan, Jr terminated as co-counsel for Plaintiffs. Signed by Judge S Arthur Spiegel on 8/2/2005. (km, )
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| Filing 209 MOTION to Withdraw as Attorney by Plaintiff Estate of Roger D Owensby Jr. (Morgan, Frederick) |
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Filing 208
ORDER vacating the Status Conference set for 8/4/2005 3:00 PM. Signed by Judge S Arthur Spiegel on 7/26/2005. (km, )
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| Filing 207 NOTICE of Hearing: Status Conference set for 8/4/2005 03:00 PM in chambers before S Arthur Spiegel. (km, ) |
| Filing 206 USCA JUDGMENT as to #171 Notice of Interlocutory Appeal, filed by Cincinnati City of,, David Hunter,, Thomas Streicher, Jr, Patrick Caton,, Robert B Jorg,, Darren Sellers,, Victor Spellen,, #169 Notice of Interlocutory Appeal, filed by Stephen Tilley,, Roby Heiland,, Chris Campbell, (wam, ) |
| Filing 205 USCA INFORMATION COPY re #171 Notice of Interlocutory Appeal,, #169 Notice of Interlocutory Appeal, : (wam, ) |
| Filing 204 NOTICE to file potential Amicus Brief regarding the constitutionality of O.R.C. 2744 (Strigari, Frank) |
| Filing 203 REPLY to Response to Motion re #201 MOTION Certify Issues to Sixth Circuit Court of Appeals filed by Defendant Cincinnati City of. (Geiler, Geri) |
| Filing 202 RESPONSE in Opposition re #201 MOTION Certify Issues to Sixth Circuit Court of Appeals filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A)(Martins, Paul) |
| Filing 201 MOTION Certify Issues to Sixth Circuit Court of Appeals by Defendant Cincinnati City of. (Geiler, Geri) |
| Judge Timothy S. Black no longer assigned to case. (jl, ) |
| Filing 200 NOTICE to Take Deposition of Cyril H. Wecht, M.D., J.D. by Defendant Caton, Jorg, Hodge, Sellers, Spellen.(Hardin, Donald) |
| Filing 199 REPLY to RESPONSE to MOTION re #197 MOTION for Summary Judgment Against Defendant Officer Jason Hodge filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit 156)(Martins, Paul) |
| Filing 198 RESPONSE in Opposition re #197 MOTION for Summary Judgment filed by Defendant Caton, Jorg, Hodge, Sellers, Spellen. (Attachments: #1 Affidavit Affidavit and Attachments)(Hardin, Donald) |
| Filing 197 CROSS MOTION for Summary Judgment against dft Hodge by Plaintiff Estate of Roger D Owensby Jr. Responses due by 10/18/2004. Exhibits are contained in doc.#196 reponse in opposition. (wam, ) |
| Filing 196 RESPONSE in Opposition re #192 MOTION for Summary Judgment of Defendant Hodge filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit 47#2 Exhibit 103#3 Exhibit 154#4 Exhibit 155#5 Exhibit 156#6 Exhibit 163#7 Brazile, 11-6-03#8 Caton, 10-17-03#9 Hasse, 11-19-03#10 Hodge, 4-8-04#11 Wecht, 2-25-04)(Martins, Paul) Modified on 9/24/2004 (wam, ). |
| Filing 195 NOTICE to Take Supplemental Deposition of Cyril H. Wecht, M.D., J.D. by Defendant Caton, Jorg, Hodge, Sellers, Spellen.(Hardin, Donald) |
| Filing 194 NOTICE by Defendant Caton, Jorg, Hodge, Sellers, Spellen re #193 Notice to Take Deposition (CANCELLATION) (Hardin, Donald) |
| Filing 193 NOTICE to Take SUPPLEMENTAL Deposition of Cyril H. Wecht, M.D., J.D. by Defendant Caton, Jorg, Hodge, Sellers, Spellen.(Hardin, Donald) |
| Filing 192 MOTION for Summary Judgment by Defendant Jason Hodge. Responses due by 9/23/2004 (Attachments: #1 Exhibit "A"#2 Exhibit "B"#3 Exhibit "C"#4 Exhibit "D"#5 Depo Excerpts Part I#6 Depo Excerpts Part II)(Rutowski, Kimberly) |
| Filing 191 NOTICE of Appearance by Donald Edson Hardin Defendant Caton, Jorg, Hodge, Sellers, Spellen (Hardin, Donald) |
| Filing 190 TRANSCRIPT of Proceedings (Final Pretrial Conference) held on 5/21/2004 before Judge S. Arthur Spiegel. Court Reporter: Mary Ann Ranz (Official). (km, ) |
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Filing 189
ORDER sustaining #188 Objections to Magistrate Judge Order, overruling #183 Magistrate Judge's Order denying Motion to Take Supplemental Deposition of Dr. Wecht, granting #152 Motion to Take Supplemental Deposition of Dr. Cyril Wecht. Signed by Judge S Arthur Spiegel on 6/16/2004. (km, )
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| Filing 188 Objection to Magistrate Judge Orderre #183 Order on Motion to Take Deposition by Defendant Caton, Jorg, Hodge, Sellers, Spellen. (Hardin, Donald) |
| Filing 187 TRANSCRIPT REQUEST by Defendant Cincinnati City of. (No hearings) (ss, ) |
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Filing 184
ORDER Pursuant to the Charging Conference held 6/3/2004, and upon consideration of all the facts and issues presented, the Court finds that a stay of the trial is proper. Accordingly, #172 the Motion of Golf Manor Defendants, Stephen Tilley, Robert Heiland and Chris Campbell for an Order Staying Trial Proceedings Against Them is GRANTED; #176 Cincinnati Defendants' Amended Motion to Vacate Schedule and Stay Proceeding and Requested for Expedited ruling is GRANTED IN PART and DENIED IN PART, to wit: the trial schedule entered in the instant case is hereby VACATED, and the motion to stay all proceedings in the instant case is DENIED. The parties are hereby ORDERED to report to the Court their progress in reaching consensus for a summary jury trial no later than 6/11/2004. Signed by Judge S Arthur Spiegel on 6/8/2004. (km, )
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Filing 183
ORDER denying #152 Motion to Take Deposition from Dr. Wecht . Signed by Judge Timothy S. Black on 6/7/04. (jl, )
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| Filing 186 USCA Case Number 04-3725 for #171 Notice of Interlocutory Appeal, filed by Cincinnati City of, David Hunter, Thomas Streicher, Patrick Caton, Robert B Jorg, Darren Sellers, Victor Spellen. (kej, ) |
| Filing 185 USCA Case Number 04-3724 for #169 Notice of Interlocutory Appeal, filed by Stephen Tilley, Roby Heiland, Chris Campbell. (kej, ) |
| Filing 182 TRANSCRIPT REQUEST by Defendants Chris Campbell, Golf Manor City of, Roby Heiland, Stephen Tilley re #169 Notice of Interlocutory Appeal, (Weisenfelder, Wilson) |
| Filing 181 Proposed Jury Instructions by Defendants Chris Campbell, Golf Manor City of, Roby Heiland, Stephen Tilley. (Weisenfelder, Wilson) |
| Filing 180 Proposed Jury Instructions by Plaintiff Estate of Roger D Owensby Jr. (Martins, Paul) |
| Filing 179 Proposed Jury Instructions by Defendants Caton, Jorg, Hodge, Sellers, Spellen, Cincinnati City of, City of Cincinnati and Chief Thomas Streicher. (Hardin, Donald) |
| Filing 178 RESPONSE in Support re #170 MOTION in Limine to Exclude Evidence of Roger Owensby, Jr.'s Prior Misdemeanor Convictions and Arrests filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Caton Deposition#2 Hunter Deposition#3 Spellen Deposition)(Martins, Paul) |
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Filing 177
ORDER granting #133 Motion for Attorney Fees . Signed by Judge Timothy S. Black on 6/1/04. Plaintiff's are awarded fees of $4,797. Said sum shall be paid within (15) days of the date of this Order subject to any applicable stay or appeal. (art, )
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| Filing 176 Amended MOTION to Stay re #166 MOTION to Stay Proceedings MOTION to Vacate Schedule and Request for Expedited Ruling by Defendant City of Cincinnati and Chief Thomas Streicher. (Ganulin, Richard) |
| Filing 175 RESPONSE in Opposition re #170 MOTION in Limine to Exclude Evidence of Roger Owensby, Jr.'s Prior Misdemeanor Convictions and Arrests filed by Defendant City of Cincinnati and Chief Thomas Streicher. (Freund, Neil) |
| Filing 174 MOTION in Limine to exclude all arguments, references, representations and evidence of racial profiling or racial motivations of defendants cincinnati and chief thomas streicher, jr. by Defendant City of Cincinnati and Chief Thomas Streicher. (Freund, Neil) |
| Filing 173 MOTION in limine to Exclude trial testimony of Mayor Charlie Luken by Defendant City of Cincinnati and Chief Thomas Streicher. (Geiler, Geri) Modified on 6/1/2004 (wam, ). |
| Filing 172 MOTION to Stay Trial Proceedings by Defendants Chris Campbell, Golf Manor City of, Roby Heiland, Stephen Tilley. (Weisenfelder, Wilson) |
| Filing 170 MOTION in Limine to Exclude Evidence of Roger Owensby, Jr.'s Prior Misdemeanor Convictions and Arrests by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A#2 Exhibit B1, 1-10#3 Exhibit B1, 11-20#4 Exhibit B1, 21-31)(Martins, Paul) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #169 Notice of Interlocutory Appeal, (kej, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #171 Notice of Interlocutory Appeal, (kej, ) |
| Filing 171 NOTICE OF INTERLOCUTORY APPEAL filed by by Defendants Patrick Caton, Cincinnati City of, David Hunter, Robert B Jorg, Darren Sellers, Victor Spellen, Thomas Streicher Jr. as to #156 Order on Motion to Bifurcate, Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion for Reconsideration, Order on Motion to Strike. Filing fee $ 255, receipt number 422995. (Attachments: #1 Filing Fee Receipt)(kej, ). |
| Filing 169 NOTICE OF INTERLOCUTORY APPEAL filed by Defendants Chris Campbell, Roby Heiland, Stephen Tilley as to #156 Order denying Qualified Immunity, Order on Motion for Summary Judgment, and Order denying Immunity as to Plaintiff's state law claims. Filing fee $ 255, receipt number 422987. (Attachments: #1 Filing Fee Receipt)(kej, ) |
| Filing fee: $ 255, receipt number 422987 (kej, ) |
| Filing fee: $ 255, receipt number 422995 (kej, ) |
| Filing 168 REPLY to Response to Motion re #146 MOTION to Exclude Evidence Of Illegal Drugs Allegedly Found On Or Near Roger Owensby, Jr. On November 7, 2000 filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A#2 Exhibit B)(Martins, Paul) |
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Filing 167
ORDER Charging Conference set for 6/3/2004 02:30 PM in chambers before S Arthur Spiegel. The parties are ordered to file proposed jury instruction by close of business on 6/2/2004. The Court will discuss and resolve the pending evidentiary motions with the parties prior to or during the conference. The parties are also hereby ordered to have a representative with full settlement authority present at the conference or available by telephone should settlement discussions commence during the conference. Signed by Judge S Arthur Spiegel on 5/27/2004. (km, )
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| Filing 166 MOTION to Stay Proceedings, MOTION to Vacate Schedule and Request for Expedited Ruling by Defendants Caton, Jorg, Hodge, Sellers, Spellen, City of Cincinnati and Chief Thomas Streicher, David Hunter. (Ganulin, Richard) |
| Filing 165 NOTICE of Hearing:Charging Conference set for 6/3/2004 02:30 PM in chambers before S Arthur Spiegel. (km, ) |
| Filing 164 NOTICE of Appearance by Richard Ganulin Defendant Cincinnati City of (Ganulin, Richard) |
| Filing 163 REPLY toRESPONSE to motion re #133 MOTION for Attorney Fees Associated with Motion to Compel Responses to Second Request for Production of Documents filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 United States ex rel. Pogue v. Diabetes Treatment Centers of America, et al.)(Martins, Paul) |
| Filing 162 NOTICE by Plaintiff Estate of Roger D Owensby Jr re #161 Order,,, of Filing Joint Supplemental Juror Questionnaire (Attachments: #1 Juror Questionnaire)(Martins, Paul) |
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Filing 161
ORDER Pursuant to the Final Pretrial Conference held 5/20/2004, the parties are hereby OREDERED to provide jointly their desired supplemental jury questionnaire questions to the Court by the close of business on 5/26/2004. If the parties cannot reach agreement on all of the potential questions, any disputed questions should be identified to the Court as such in the submission. The Court will consider the supplemental questionnaire and, upon review, may strike questions it deems inappropriate or repetitive of questions already presented. The Court will then instruct the Clerk to ensure that all prospective jury members are provided with and complete the supplemental questionnaire. The parties are also hereby ORDERED to submit an amended final pretrial order by close of business on 5/27/2004. Any changes that may be required after the Court renders decisions on the pending motions in limine may be presented at that time. Signed by Judge S Arthur Spiegel on 5/24/2004. (km, )
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| Filing 160 NOTICE by Defendant Cincinnati City of Manual Filing (Geiler, Geri) |
| Filing 159 RESPONSE in Opposition re #152 MOTION to Take Deposition from Dr. Cyril Wecht (Supplemental Deposition) filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Affidavit Declaration of Paul B. Martins#10 Exhibit Wecht Dep. Part I#11 Exhibit Wecht Depo, Part II#12 Exhibit Wecht Depo, Part III)(Helmer, James) |
| Filing 158 RESPONSE in Opposition re #136 MOTION in Limine to Exclude Plaintiff's Police Expert Michael D. Lyman, Ph.D. filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit Jorg, 10-14-03#4 Exhibit Lyman, 3-31-04)(Helmer, James) |
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Filing 156
ORDER denying #118 Defendants City Of Cincinnati and Police Chief Thomas Streicher, Jr.'s Motion For Reconsideration Of March 25, 2004 Order Overruling Summary Judgment On Sovereign Immunity; Request To Certify Question To Ohio Supreme Court Regarding Revised Code 2744's Constitutionality; Alternative Motion to Certify Conflict to Sixth Circuit Court of Appeals; granting in part and denying in part #85 Motion For Summary Judgment On Behalf Of Defendants, The Village Of Golf Manor, Chief Stephen Tilley, Robert Heiland, and John Doe #7 N/K/A Chris Campbell, to wit: the motion for summary judgment as to Plaintiff's excessive force claim is GRANTED, and the remainder of the motion seeking dismissal of all other claims is DENIED; granting #87 Plaintiff's Motion For Partial Summary Judgment Against Defendants Village Of Golf Manor, Its Police Chief and Its Individual Police Officers For Their Failure To Provide Critical Medical Care; granting in part and denying in part #88 Plaintiff's Motion For Partial Summary Judgment Against Defendants City Of Cincinnati, Its Chief Of Police and Its Individual Police Officers For Their Failure To Provide Critical Medical Care, to wit: Plaintiff's motion as to the City of Cincinnati, Chief Streicher, and Officers Hunter, Spellen, and Sellers is GRANTED, and Plaintiff's motion as to Officers Jorg and Caton is DENIED; denying #57 Defendants City Of Cincinnati and Police Chief Thomas Streicher, Jr.'s Motion To Bifurcate Claims From the Claims Against the Individual Police Officer Defendants; denying as moot #137 City of Cincinnati and Police Chief Thomas Streicher, Jr.?s Motion to Strike Plaintiffs April 16, 2004 Surreply In Support of Summary Judgment; Motion To Strike Affidavit of Frederick Morgan, Jr. Signed by Judge S Arthur Spiegel on 5/19/2004. (km, )
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| Filing 157 NOTICE by Plaintiff Estate of Roger D Owensby Jr of manual filing of depositions of: Robert Jorg (10/14/03), Victor Spellen (10/15/03), Patrick Caton (10/17/03), Darren Sellers (10/21/03), Brian Brazile (11/06/03), David Hunter (11/06/03 and 12/04/03), Chief Streicher (12/22/03), Christopher Campbell (12/03/03), Craig Coburn (12/15/03), Suzanne Flottemesch (12/19/03), Alan Goldschmidt (12/19/03), Alexander Hasse (11/19/03), Robert Heiland, Jr. (12/03/03) and Abraham Lawson (3/10/04). (ss, ) |
| Filing 155 NOTICE OF FILING DEPOSITION of SUZANNE A. FLOTTEMESCH by Defendant City of Cincinnati and Chief Thomas Streicher by Defendant City of Cincinnati and Chief Thomas Streicher. (Attachments: #1)(Hadi, Vaseem) |
| Filing 154 NOTICE by Plaintiff Estate of Roger D Owensby Jr of Filing Deposition Transcripts In Anticipation of Trial (Martins, Paul) |
| Filing 153 RESPONSE in Opposition re #146 MOTION to Exclude Evidence Of Illegal Drugs Allegedly Found On Or Near Roger Owensby, Jr. On November 7, 2000 filed by Defendant City of Cincinnati and Chief Thomas Streicher. (Attachments: #1 #2)(Hadi, Vaseem) |
| Filing 152 MOTION to Take Deposition from Dr. Cyril Wecht (Supplemental Deposition) by Defendant Caton, Jorg, Hodge, Sellers, Spellen. (Attachments: #1 Appendix "A"#2 Appendix B#3 Appendix "C"#4 Appendix "D"#5 Appendix "E"#6 Appendix "F"#7 Appendix "G"#8 Appendix "H")(Hardin, Donald) |
| Filing 151 TRANSCRIPT of Proceedings re conference in chambers held on 5/13/04 before Judge S. Arthur Spiegel. Court Reporter: Shandy Ehde. (wam, ) |
| Filing 150 NOTICE of Hearing: Final Pretrial Conference reset for 5/21/2004 09:00 AM in chambers before S Arthur Spiegel. (km, ) |
| Filing 149 NOTICE of manual filing by Plaintiff Estate of Roger D Owensby Jr of the videotaped depositions of Robert B. Jorg (10/14/03), Victor N. Spellen (10/15/03), Patrick Caton (10/17/03), Darren Sellers (10/21/03), Brian Brazile (11/06/03), David Hunter (11/06/03), David Hunter (12/04/03), and Chief Thomas Streicher (12/22/03). (ss, ) Modified on 5/17/2004 (wam, ). |
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Filing 148
ORDER Pursuant to the Status Conference held 4/29/2004, the City of Cincinnati's Oral Motion to take the deposition of one Jason Thorne at the Wasco State Prison in Wasco, CA is hereby DENIED. Signed by Judge S Arthur Spiegel on 5/13/2004. (km, )
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| Filing 147 RESPONSE in Opposition re #133 MOTION for Attorney Fees Associated with Motion to Compel Responses to Second Request for Production of Documents filed by Defendant City of Cincinnati and Chief Thomas Streicher. (Hadi, Vaseem) |
| Filing 146 MOTION to Exclude Evidence Of Illegal Drugs Allegedly Found On Or Near Roger Owensby, Jr. On November 7, 2000 by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O#16 Exhibit P#17 Exhibit Q)(Martins, Paul) |
| Filing 145 NOTICE OF JURY VOIR DIRE: Jury Selection set for 6/11/2004 at 9:30 AM Courtroom 842 before Magistrate Judge Timothy S. Black. (km, ) |
| Set/Reset Hearings: Jury Selection set for 6/11/2004 09:30 AM in Courtroom 842 before Timothy S. Black. (km, ) |
| Judge Timothy S. Black added. Judge David S Perelman no longer assigned to case. (jl, ) |
| Filing 144 RESPONSE in Opposition re #128 MOTION in Limine to Exclude Evidence and Any References Relating to the Criminal Trials of Defendant Officers Caton and Jorg filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Preferred Mut. Ins. Co. v. Dumas)(Helmer, James) |
| Filing 143 REPLY to Response to Motion re #117 MOTION in Limine to Exclude the testimony of John F. Burke,Jr., Ph.D. filed by Defendant Cincinnati City of. (Attachments: #1 #2)(Geiler, Geri) |
| Filing 142 NOTICE of Hearing: Final Pretrial Conference set for 5/13/2004 09:00 AM in chambers before S Arthur Spiegel. Five-day Jury Trial set for 6/14/2004 09:30 AM in Courtroom 842 before S Arthur Spiegel. (km, ) |
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Filing 141
ORDER Final Pretrial Conference set for 5/13/2004 09:00 AM in chambers before S Arthur Spiegel. Five-day Jury Trial set for 6/14/2004 09:30 AM in Courtroom 842 before S Arthur Spiegel. All other provisions of the preliminary pretrial order not otherwise modified by subsequent scheduling orders remain in full force and effect. Signed by Judge S Arthur Spiegel on 4/30/2004. (km, )
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| Filing 139 RESPONSE in Opposition re #121 MOTION in Limine to Exclude the Disciplinary Action and Investigative History of Defendant Police Officers filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Trahan v Oakland#2 Kelly v Ward#3 Carpenter v Cincinnati#4 Greene v Distelhorst)(Helmer, James) |
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Filing 140
ORDER of USCA Denying petition for permission to appeal case #04-0303. Case # 04-3441 is dismissed. The defendants motion for a stay is DENIED as moot.(wam, )
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| DEPOSITION of Michael D. Lyman taken on 3/31/04 by Defendants (wam, ) |
| Filing 138 RESPONSE in Opposition re #117 MOTION in Limine to Exclude the testimony of John F. Burke,Jr., Ph.D. filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A1#2 Exhibit A2#3 Exhibit A3#4 Exhibit A4#5 Exhibit B#6 Exhibit C#7 Exhibit D)(Martins, Paul) |
| Filing 137 MOTION to Strike #131 Supplemental - Supporting,, plaintiffs' april 16, 2004 surreply in support of summary judgment; motion to strike affidavit of frederick morgan, jr. by Defendant City of Cincinnati and Chief Thomas Streicher. (Attachments: #1)(Hadi, Vaseem) |
| Filing 136 MOTION in Limine to Exclude Plaintiff's Police Expert Michael D. Lyman, Ph.D. by Defendant City of Cincinnati and Chief Thomas Streicher. (Hadi, Vaseem) |
| Filing 135 NOTICE of Hearing: Status Conference set for 4/29/2004 10:00 AM in chambers before S Arthur Spiegel (Peremptory setting). (km, ) |
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Filing 134
ORDER vacating jury trial currently set to begin on 5/5/2004. A Status Conference is set for 4/29/2004 10:00 AM in chambers before S Arthur Spiegel. This is a PEREMPTORY setting. Signed by Judge S Arthur Spiegel on 4/22/2004. (km, )
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| Filing 133 MOTION for Attorney Fees Associated with Motion to Compel Responses to Second Request for Production of Documents #66 by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Declaration of Paul B. Martins#2 1-16-04 Ltr#3 2-10-04 Ltr)(Martins, Paul) |
| Filing 132 TRANSCRIPT REQUEST by Defendant City of Cincinnati and Chief Thomas Streicher re #122 Notice of Interlocutory Appeal, (wam, ) |
| Filing 131 Supplemental Memorandum Supporting Motion for Partial Summary Judgment filed by Plaintiffs Estate of Roger D Owensby Jr, Estate of Roger D Owensby Jr. (Attachments: #1 Declaration of Frederick M. Morgan, Jr.#2 Exhibit G#3 Exhibit H#4 Exhibit I#5 Exhibit J, Part I#6 Exhibit J, Part II#7 Exhibit K#8 Exhibit L, Part I#9 Exhibit L, Part II#10 Exhibit L, Part III#11 Exhibit L, Part IV#12 Exhibit L, Part V#13 Exhibit A#14 Exhibit B#15 Exhibit C#16 Callihan v. Sudimack#17 Carpenter v. City of Cincinnati#18 Emph v. Sudimack#19 Fuerst v. Ford#20 Sannes v. Wyler#21 Schultz, 12-17-03)(Martins, Paul) |
| Filing 130 Surreply to pltf's reply memorandum in support of partial summary judgment re #88 MOTION for Summary Judgment Against Defendants City of Cincinnati, Its Chief of Police, and Its Individual Police Officers for Their Failure to Provide Critical Medical Care filed by Defendant Caton, Jorg, Hodge, Sellers, Spellen. (Attachments: #1 Exhibit "A"#2 Exhibit "B"#3 Exhibit "C"#4 Exhibit "D"#5 Exhibit "E"#6 Exhibit "F"#7 Exhibit "G"#8 Depo Excerpts)(Hardin, Donald) Modified on 4/19/2004 (wam, ). |
| Filing 129 Supplemental Memorandum Opposing re #124 Order on Motion for Leave to File, Order on Motion for Order to, Order on Motion to Strike,,,,,,,,,,,,,,,,, filed by Defendants City of Cincinnati and Chief Thomas Streicher, City of Cincinnati and Chief Thomas Streicher. (Attachments: #1 Exhibit a-1#2 Exhibit A-2#3 Exhibit B#4 Exhibit C#5 Exhibit D)(Hadi, Vaseem) |
| Filing 128 MOTION in Limine to Exclude Evidence and Any References Relating to the Criminal Trials of Defendant Officers Caton and Jorg by Defendants Patrick Caton, Robert B Jorg. (Attachments: #1 Appendix Appendix "A")(Hardin, Donald) |
| Filing 127 REPLY to Response to Motion re #118 MOTION for Order to MOTION for Reconsideration re #113 Order on Motion for Summary Judgment,, MOTION for Order to MOTION for Reconsideration re #113 Order on Motion for Summary Judgment,, Motion to certify question and Alternative motion to certify conflict filed by Defendant City of Cincinnati and Chief Thomas Streicher. (Hadi, Vaseem) |
| Filing 126 RESPONSE in Opposition re #109 MOTION in Limine to Exclude Disciplinary Action and History of Defendants City of Cinti and Police Chief Thomas Streicher, Jr. filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A-1#2 Exhibit A-2#3 Exhibit B-1#4 Exhibit B-2#5 Exhibit C-1#6 Exhibit C-2)(Helmer, James) |
| Filing 125 USCA Case Number 04-3441 for #122 Notice of Interlocutory Appeal, filed by Cincinnati City of, and Cincinnati Police Chief Thomas Streicher. (art, ) |
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Filing 124
ORDER granting in part and denying in part #115 Motion to Strike Plaintiff's 3/11/2004 Reply in Support of Summary Judgment; Alternative Motion for leave to File Supplemental Response Opposing Summary Judgment; Motion to Strike Plaintiffs' Materials That May Not Be Considered on Summary Judgment Analysis, to wit: Defendants' motion to strike is DENIED and Defendants' motion to file surreply is GRANTED. Granting in part and denying in part #120 Defendants Caton, Hodge, Jorg, Sellers and Spellen's Motion to Strike Plaintiff's 3/11/2004 Reply In Support of Summary Judgment; Motion to Strike Materials That May Not be Considered on Summary Judgment Analysis; Alternative Motion for Leave to File Supplemental Response Opposing Summary Judgment, to wit: Defendants' motion to strike is DENIED and Defendants' motion to file surreply is GRANTED. All surreplies must be filed on or before 4/16/2004. Signed by Judge S Arthur Spiegel on 4/6/2004. (km, )
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| Filing 123 RESPONSE in Opposition re #118 MOTION for Order to MOTION for Reconsideration re #113 Order on Motion for Summary Judgment,, MOTION for Reconsideration re #113 Order on Motion for Summary Judgment,, filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Defendants' Petition for Section 1292(b) Interlocutory Appeal)(Martins, Paul) |
| Filing 122 NOTICE OF INTERLOCUTORY APPEAL filed by Defendants City of Cincinnati, and Police Chief Thomas Streicher, Jr. as to #113 Order on Motion for Summary Judgment. Filing fee $ 255, receipt number 100422447. (Attachments: #1 Appeal filing fee receipt)(art, ) |
| Filing 121 MOTION in Limine to exclude disciplinary action & investigative history of dfts Caton, Hodge, Jorg, Sellers & Spellen by Defendant Caton, Jorg, Hodge, Sellers, Spellen. (Attachments: #1Exhibits)(Hardin, Donald) Modified on 4/6/2004 (wam, ). |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #122 Notice of Interlocutory Appeal filed by defendants City of Cincinnati, and Police Chief Thomas Streicher, Jr. (art, ) |
| Filing 120 MOTION for Leave to File supplemental response opposing summary judgment & MOTION to Strike #108 Response in Support of Motion & to strike materials that may not be considered on summary judgment analysis by Defendant Caton, Jorg, Hodge, Sellers, Spellen. (wam, ) |
| Filing 119 AFFIDAVIT by Defendant Caton, Jorg, Hodge, Sellers, Spellen. (Attachments: #1 Attachments to Affidavit)(Hardin, Donald) |
| Filing 118 MOTION for Order to certify conflict to Sixth Circuit Court of Appeals, MOTION for Reconsideration re #113 Order on Motion for Summary Judgment, & Request to certify question by Defendants Cincinnati City of, Thomas Streicher Jr. (Attachments: #1 Exhibit A-C)(wam, ) |
| Filing 117 MOTION in Limine to Exclude the testimony of John F. Burke,Jr., Ph.D. by Defendant City of Cincinnati and Chief Thomas Streicher. (Attachments: #1)(Hadi, Vaseem) |
| Filing 116 REPLY to Response to Motion re #96 MOTION in Limine filed by Defendants Cincinnati City of, Thomas Streicher Jr. (wam, ) |
| Filing 115 MOTION for Leave to File supplemental response opposing summary judgment, MOTION for Order to STRIKE pltf's materials that may not be considered on summary judgment anaylsis & MOTION to Strike #108 Response in Support of Motion by Defendants Cincinnati City of, Thomas Streicher Jr. (Attachments: #1 Affidavit of Neil Freund#2 Exhibit A-1#3 Exhibit A-2#4 Exhibit A-3#5 Exhibit A-4#6 Exhibit A-5#7 Exhibit A-6#8 Exhibit B#9 Exhibit C#10 Exhibit D)(wam, ) |
| Filing 114 NOTICE by Plaintiff Estate of Roger D Owensby Jr of Filing Original Deposition Transcript and Video Tapes of Cyril Wecht, M.D. (Martins, Paul) |
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Filing 113
ORDER granting in part and denying in part 49 Motion for Summary Judgment on Pendant and Ancillary State Tort Claims, to wit: Cincinnati's motion for summary judgment as to state law tort claims against it and the individual police officer defendants based on statutory immunity is DENIED, and Cincinnati's motion for summary judgment as to all punitive damages arising from the Plaintiff's state law wrongful death claim is GRANTED. Signed by Judge S Arthur Spiegel on 3/25/2004. (km, )
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| Filing 112 Response /Report to Court re: Court's Order to Counsel to Investigate Fingerprint Exam Results by Defendant Cincinnati City of. (Geiler, Geri) |
| Filing 111 RESPONSE in Opposition re #96 MOTION in Limine filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 School District of Kansas City v. ACandS, Inc.#2 Exhibit 108#3 Exhibit 121#4 Exhibit A#5 Exhibit B#6 Exhibit C#7 Exhibit D#8 Exhibit E)(Morgan, Frederick) |
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Filing 110
ORDER granting #92 Motion for Extension of Time to File Response/Reply re #88 MOTION for Summary Judgment Against Defendants City of Cincinnati, Its Chief of Police, and Its Individual Police Officers for Their Failure to Provide Critical Medical Care. Responses due by 3/4/2004. Signed by Judge S Arthur Spiegel on 3/16/2004. (km, )
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| Filing 109 MOTION in Limine to Exclude Disciplinary Action and History of Defendants City of Cinti and Police Chief Thomas Streicher, Jr. by Defendant City of Cincinnati and Chief Thomas Streicher. (Freund, Neil) |
| Filing 108 RESPONSE in Support re #88 MOTION for Summary Judgment Against Defendants City of Cincinnati, Its Chief of Police, and Its Individual Police Officers for Their Failure to Provide Critical Medical Care filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Tri-County Paving v. Ashe#2 Exhibit A#3 Exhibit G#4 Exhibit H#5 Exhibit I#6 Exhibit J, Part I#7 Exhibit J, Part II#8 Exhibit K#9 Exhibit L, Part I#10 Exhibit L, Part II#11 Exhibit L, Part III#12 Exhibit L, Part IV#13 Exhibit L, Part V#14 Exhibit 27, Part I#15 Exhibit 27, Part II#16 Exhibit 27, Part III#17 Exhibit 27, Part IV#18 Exhibit 27, Part V#19 Exhibit 27, Part VI#20 Exhibit 28#21 Exhibit 35#22 Exhibit 45#23 Exhibit 47#24 Exhibit 60#25 Exhibit 78#26 Exhibit 103#27 Exhibit 108#28 Exhibit 122#29 Exhibit 134#30 Brazile, 11-6-03#31 Caton, 10-17-03#32 Hunter, 11-5-03, 12-4-03#33 Jorg, 10-14-03#34 Schultz, 12-17-03, 2-6-04#35 Sellers, 10-21-03#36 Spellen, 10-15-03#37 Streicher, 12-22-03)(Martins, Paul) |
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Filing 107
AGREED ORDER OF DISMISSAL with prejudice pursuant to settlement between Plaintiff and Defendant Huntington Meadows Ltd and Security Officer Brian Menefee. Signed by Judge S Arthur Spiegel on 3/7/2004. (km, )
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Filing 106
NOTATION ORDER granting #95 Unopposed Motion for Extension of Time to File Response re #88 MOTION for Summary Judgment Against Defendants City of Cincinnati, Its Chief of Police, and Its Individual Police Officers for Their Failure to Provide Critical Medical Care. Response due by 3/3/2004. Signed by Judge S Arthur Spiegel on 3/7/2004. (km, )
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| Filing 105 RESPONSE in Support re #87 MOTION for Partial Summary Judgment Against Defendants Village of Golf Manor, Its Police Chief and Its Individual Police Officers For Their Failure to Provide Critical Medical Care filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit 21#2 Exhibit 47#3 Exhibit 78#4 Brazile, 11-6-03#5 Campbell, 12-3-03#6 Heiland, 12-3-03#7 Grooms v. Dockter)(Martins, Paul) |
| Filing 104 NOTICE by Defendant Caton, Jorg, Hodge, Sellers, Spellen of manual filing exhibits in support of #103 Response in Opposition to Motion, (Hardin, Donald) |
| Filing 103 RESPONSE in Opposition re #88 MOTION for Summary Judgment Against Defendants City of Cincinnati, Its Chief of Police, and Its Individual Police Officers for Their Failure to Provide Critical Medical Care filed by Defendant Caton, Jorg, Hodge, Sellers, Spellen. (Attachments: # 1 # 2 # 3 # 4)(Hardin, Donald) |
| Filing 102 RESPONSE in Opposition re #88 MOTION for Summary Judgment Against Defendants City of Cincinnati, Its Chief of Police, and Its Individual Police Officers for Their Failure to Provide Critical Medical Care filed by Defendant David Hunter. (Clark, Ravert) |
| Filing 101 RESPONSE in Support re #85 MOTION for Summary Judgment (Reply Memorandum) filed by Defendants Chris Campbell, Golf Manor City of, Roby Heiland, Stephen Tilley. (Attachments: #1 C. Campbell Deposition Excerpts#2 R. Heiland Deposition Excerpts#3 P. Caton Deposition Excerpts#4 R. Jorg Deposition Excerpts#5 B. Brazile Deposition Excerpts)(Weisenfelder, Wilson) |
| Filing 100 AFFIDAVIT of Tom S. Neuman MD re #99 Response in Opposition to Motion, by Defendants Cincinnati City of, Thomas Streicher Jr. (Attachments: #1 Exhibit)(wam, ) |
| Filing 99 RESPONSE in Opposition re #88 MOTION for Summary Judgment Against Defendants City of Cincinnati, Its Chief of Police, and Its Individual Police Officers for Their Failure to Provide Critical Medical Care filed by Defendants Cincinnati City of, Thomas Streicher Jr. (wam, ) |
| Filing 98 AFFIDAVIT of Thomas H Streicher in re #99 , Chief of Police, Cincinnati Police Department by Defendant Cincinnati City of. (km, ) Additional attachment(s) added on 2/27/2004 (wam, ). Modified on 2/27/2004 (wam, ). |
| Filing 97 RESPONSE in Opposition re #87 MOTION for Partial Summary Judgment Against Defendants Village of Golf Manor, Its Police Chief and Its Individual Police Officers For Their Failure to Provide Critical Medical Care filed by Defendants Chris Campbell, Golf Manor City of, Roby Heiland, Stephen Tilley. (Attachments: #1 Exhibit A - Heiland Affidavit#2 Exhibit B - Campbell Affidavit#3 Campbell Deposition Excerpts#4 Heiland Deposition Excerpts#5 Caton Deposition Excerpts#6 Jorg Deposition Excerpts#7 Brazile Deposition Excerpts#8 Mutual Aid Agreement)(Weisenfelder, Wilson) |
| Filing 96 MOTION in Limine prohibiting pltf's from calling Cyril Wecht, MD as a witness and/or from presenting any evidence or testimony that Wecht was ever hired or retained by the City Cinti by Defendant Cincinnati City of. (Attachments: #1 #2)(Geiler, Geri) |
| Filing 95 MOTION for Extension of Time to File Response in opposotion re #87 (Attachments: #1)(Hardin, Donald) |
| Filing 94 RESPONSE in Opposition re #92 MOTION for Extension of Time to File Response/Reply Memorandum in Opposition to Motion for Summary Judgment filed by Plaintiff Estate of Roger D Owensby Jr. (Martins, Paul) |
| Filing 93 RESPONSE in Opposition re #85 MOTION for Summary Judgment filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Kammeyer v. City of Sharonville#2 U.S. v. Belle#3 Exhibit A#4 Exhibit 6#5 Exhibit 21#6 Exhibit 47#7 Exhibit 77#8 Exhibit 78#9 Brazile 11-6-03#10 Campbell 12-3-03#11 Caton 10-17-03#12 Heiland 12-3-03#13 Hunter 11-6-03, 12-4-03#14 Jorg 10-14-03#15 Sellers 10-21-03#16 Streicher 12-22-03)(Martins, Paul) |
| Filing 92 MOTION for Extension of Time to File Response/Reply Memorandum in Opposition to Motion for Summary Judgment by Defendant Cincinnati City of. (Geiler, Geri) |
| Filing 91 NOTICE of manual filing deposition of Daniel L. Schultz, M.D. (vol.1&2) (wam, ) |
| Filing 90 NOTICE by Plaintiff Estate of Roger D Owensby Jr of Filing Corrected Version of Deposition Exhibit 6 in Support of Plaintiff's Motion for Partial Summary Judgment #88 Against Defendants City of Cincinnati, Its Chief Of Police and Its Individual Police Officers For Their Failure to Provide Critical Medical Care (Doc. 88) (Attachments: #1 Exhibit 6)(Martins, Paul) |
| Filing 89 NOTICE by Plaintiff Estate of Roger D Owensby Jr of Filing Deposition Excerpts in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendants City of Cincinnati, Its Chief of Police and Its Individual Police Officers for Their Failure to Provide Critical Medical Care (Attachments: #1 Brazile Deposition#2 Caton Deposition#3 Coburn Deposition#4 Goldschmidt Deposition#5 Hasse Deposition#6 Heiland Deposition#7 Hinton Deposition#8 Hunter 11-6-03 Deposition#9 Hunter 12-4-03 Deposition#10 Jorg I Deposition#11 Jorg II Deposition#12 Schultz Deposition#13 Sellers Deposition#14 Spellen Deposition#15 Streicher Deposition)(Martins, Paul) |
| Filing 88 MOTION for Summary Judgment Against Defendants City of Cincinnati, Its Chief of Police, and Its Individual Police Officers for Their Failure to Provide Critical Medical Care by Plaintiff Estate of Roger D Owensby Jr. Responses due by 2/26/2004 (Attachments: #1 Exhibit 6#2 Exhibit 12#3 Exhibit 21#4 Exhibit 35#5 Exhibit 38#6 Exhibit 47#7 Exhibit 60#8 Exhibit 78#9 Exhibit 99#10 Exhibit 103#11 Exhibit 108#12 Exhibit 109#13 Exhibit 112#14 Exhibit 117#15 Exhibit A#16 Exhibit C#17 Exhibit D#18 Exhibit E#19 Exhibit F)(Martins, Paul) |
| Filing 87 MOTION for Partial Summary Judgment Against Defendants Village of Golf Manor, Its Police Chief and Its Individual Police Officers For Their Failure to Provide Critical Medical Care by Plaintiff Estate of Roger D Owensby Jr. Responses due by 2/26/2004 (Attachments: #1 Exhibit 47#2 Exhibit 77#3 Exhibit 78#4 Exhibit 99#5 Exhibit 103#6 Exhibit 108#7 Exhibit E#8 Brazile Deposition#9 Campbell Deposition#10 Caton Deposition#11 Coburn Deposition#12 Heiland Deposition#13 Hunter 12-4-03 Deposition#14 Schultz Deposition#15 Sellers Deposition#16 Streicher Deposition)(Martins, Paul) |
| Filing 86 NOTICE by Plaintiff Estate of Roger D Owensby Jr of Filing Videotape Exhibits in Support of Plaintiff's Motions for Summary Judgment (Martins, Paul) |
| Filing 85 MOTION for Summary Judgment by Defendants Chris Campbell, Golf Manor City of, Roby Heiland, Stephen Tilley. Responses due by 2/23/2004 (Attachments: #1 Affidavit of Chief Stephen Tilley#2 Affidavit of Robert Heiland#3 Affidavit of Chris Campbell#4 Heiland Deposition Excerpts - Part 1#5 Heiland Deposition Excerpts - Part 2#6 Exhibit 78 to Heiland Deposition - Mutual Aid Agreement#7 Campbell Deposition Excerpts#8 Jorg Deposition Excerpts - Part 1#9 Jorg Deposition Excerpts - Part 2#10 Jorg Deposition Excerpts - Part 3#11 Caton Deposition Excerpts - Part 1#12 Caton Deposition Excerpts - Part 2#13 Exhibit A - Weeks v. Portage Cty. Exec. Offices)(Weisenfelder, Wilson) |
| Filing 84 NOTICE of Hearing: Final Pretrial Conference set for 3/9/2004 11:00 AM in chambers before S Arthur Spiegel. (km, ) |
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Filing 83
ORDER VACATING #81 Order on Motion to Compel and DENYING AS MOOT #66 MOTION to Compel Responses to Plaintiff's Second Request for Production of Documents to Defendants City of Cincinnati and Thomas Streicher, Jr. filed by Estate of Roger D Owensby Jr. The Court shall further consider Plaintiff's request for an award of fees per paragraph 3 of order. Signed by Judge David S Perelman on 1/21/04. (jl, )
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Filing 82
ORDER granting in part #63 The City's Motion for Protective Order. Signed by Judge Susan M. Novotny on 1/9/04. (jl, )
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Filing 81
ORDER denying #66 Motion to Compel . Signed by Judge Susan M. Novotny on 1/7/2004. (art, )
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Filing 80
ORDER denying #68 Motion for Protective Order by defendants City of Cincinnati and Thomas Streicher, denying #72 Motion for Protective Order by Officer Abraham Lawson, denying #65 Motion to Continue Trial Date and Extend Discovery Date, finding as moot #77 Motion for Leave to File Surreply. Plaintiff is hereby ordered to make full disclosure of all of its expert witnesses to the defendants within two days of the date of this Order, if it has not already done so. The Defendants are ordered to make similar disclosure of all of their expert witnesses to the Plaintiff immediately thereafter, no later than fourteen days of the date of this Order or the Plaintiff's disclosure, whichever, whichever occurs first. The Magistrate Judge is hereby instructed to decide the City's Motion for Protective Order preventing or limiting the discovery sought by the Plaintiff's Third Request for Production of Documents #63 and the Plaintiff's Motion to Compel #66 at the earliest possible opportunity. Signed by Judge S Arthur Spiegel on 12/31/2003. (km, )
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| Filing 79 RESPONSE in Opposition re #68 MOTION for Protective Order Concerning the Deposition of Cyril Wecht, M.D., J.D. filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F)(Martins, Paul) |
| Filing 78 RESPONSE in Support re #66 MOTION to Compel Responses to Plaintiff's Second Request for Production of Documents to Defendants City of Cincinnati and Thomas Streicher, Jr. filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Martins, Paul) |
| Filing 77 MOTION for Leave to File Surreply Memorandum in Opposition to Defendants' Motion for Continuance and Extension of Discovery Deadline or, in the Alternative, Motion to Strike New Argument Presented in Defendants' Reply in Support of Motion for Continuance and Extension of Discovery Deadline by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A)(Helmer, James) |
| Filing 76 NOTICE of Hearing: Status Conference set for 12/23/2003 03:00 PM in chambers before S Arthur Spiegel. (km, ) |
| Filing 75 RESPONSE to Motion re #66 MOTION to Compel Responses to Plaintiff's Second Request for Production of Documents to Defendants City of Cincinnati and Thomas Streicher, Jr. filed by Defendants Cincinnati City of, Thomas Streicher Jr. (Attachments: #1 Exhibit A)(Freund, Neil) |
| Filing 74 NOTICE by Defendant Cincinnati City of of Submission of Responses to Plaintiff's Second Request for Production of Documents (Freund, Neil) |
| Filing 73 RESPONSE in Support re #65 MOTION to Continue Trial date and extended discovery deadline filed by Defendant Cincinnati City of. (Hadi, Vaseen) |
| MOTIONS #72 MOTION for Protective Order REFERRED to Magistrate Judge Susan M. Novotny. (km, ) |
| Filing 72 MOTION for Protective Order. (Attachments: #1 Exhibit)(Lawson, Kenneth) |
| Filing 71 RESPONSE in Opposition re #65 MOTION to Continue Trial date and extended discovery deadline filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 #2 #3 #4 #5)(Martins, Paul) |
| Filing 70 REPLY to Response to Motion re #63 MOTION for Protective Order filed by Defendant Cincinnati City of. (Attachments: #1)(Geiler, Geri) |
| Filing 69 NOTICE by Plaintiff Estate of Roger D Owensby Jr of Postponement of Deposition of Cyril H. Wecht, M.D., J.D. (Martins, Paul) |
| Filing 68 MOTION for Protective Order by Defendant Cincinnati City of. (Attachments: #1 Exhibit A#2 Exhibit B)(Hadi, Vaseen) |
| MOTIONS #68 MOTION for Protective Order REFERRED to Magistrate Judge Susan M. Novotny. (km, ) |
| Filing 67 RESPONSE in Opposition re #63 MOTION for Protective Order filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1)(Martins, Paul) |
| MOTIONS #66 MOTION to Compel Responses to Plaintiff's Second Request for Production of Documents to Defendants City of Cincinnati and Thomas Streicher, Jr. REFERRED to Magistrate Judge Susan M. Novotny. (km, ) |
| Filing 66 MOTION to Compel Responses to Plaintiff's Second Request for Production of Documents to Defendants City of Cincinnati and Thomas Streicher, Jr. by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Declaration#2 Exhibit A#3 Exhibit B#4 Exhibit C)(Martins, Paul) |
| Filing 65 MOTION to Continue Trial date and extended discovery deadline by Defendant Cincinnati City of. (Attachments: #1)(Hadi, Vaseen) |
| Filing 64 REPLY to Response to Motion re #57 MOTION to Bifurcate Claims from the claims against the individual police officer defendants filed by Defendant Cincinnati City of. (Attachments: #1)(Hadi, Vaseen) |
| MOTIONS #63 MOTION for Protective Order REFERRED to Magistrate Judge Susan M Novotny. (km, ) |
| Filing 63 MOTION for Protective Order by Defendant Cincinnati City of. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Geiler, Geri) |
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Filing 62
ORDER granting in part with regard to subpoenaed state grand jury records, subject to further consideration upon plaintiff's filing of a motion to compel and denying in part #56 Motion to Quash as relates to (1) trial exhibits & pleadings in State v. Jorg; (2) non-grand jury witness statements possessed by Prosecuting Attorney in State v. Jorg and State v. Caton and (3) all non-grand jury documents that relate to death of plaintiff or investigation or prosecution of public employees, all to be produced within 10 days of this order. Signed by Judge Novotny on 11/5/03. (Lahley, Jan)
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| Filing 61 RESPONSE in Opposition re #57 MOTION to Bifurcate Claims from the claims against the individual police officer defendants filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A#2 Pavlovich v. City of New York#3 Pavone v. Gibbs#4 Saviour v. City of Kansas City)(Martins, Paul) |
| Filing 60 REPLY to Response to Motion re #56 MOTION to Quash Subpoena to Michael K. Allen, Hamilton County Prosecutor filed by Movant Hamilton County Prosecutors Office. (Shaw, Stephen) |
| Filing 59 NOTICE by Defendant Cincinnati City of Substitution of Counsel (Sigman, Gloria) |
| Filing 58 RESPONSE in Opposition re #56 MOTION to Quash Subpoena to Michael K. Allen, Hamilton County Prosecutor filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A)(Morgan, Frederick) |
| Filing 57 MOTION to Bifurcate Claims from the claims against the individual police officer defendants by Defendant Cincinnati City of. (Attachments: #1 Exhibit)(Hadi, Vaseen) |
| MOTIONS #56 MOTION to Quash Subpoena to Michael K. Allen, Hamilton County Prosecutor REFERRED to Judge Magistrate Judge Jack Sherman, Jr. (km, ) |
| Filing 56 MOTION to Quash Subpoena to Michael K. Allen, Hamilton County Prosecutor. (Attachments: #1 Exhibit A - Subpoena to Michael K. Allen#2 Exhibit B - Entry Denying Motion for Release of Records)(Shaw, Stephen) |
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Filing 55
ORDER granting pltf's motion #54 for Discovery. pltf is granted leave to take up to 30 fact depositions & 5 expert depositions. Dfts are granted the same. Signed by Judge Timothy S Hogan on 9/16/03. (wam, )
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| MOTIONS #54 MOTION for Discovery for Leave to Take Depositions in Excess of Those Prescribed by Fed. R. Civ. P. 30(a)(2)(A) is REFERRED to Magistrate Judge Jack Sherman Jr (km, ) |
| Filing 54 MOTION for Discovery for Leave to Take Depositions in Excess of Those Prescribed by Fed. R. Civ. P. 30(a)(2)(A) by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A-C)(Martins, Paul) |
| Filing 53 REPLY to Response to Motion re 49 Motion for Summary Judgment of state tort claims filed by Defendant Cincinnati City of. (Hadi, Vaseen) |
| Filing 52 RESPONSE in Opposition re 49 Motion for Summary Judgment on Pendant and Ancillary State Tort Claims filed by Plaintiff Estate of Roger D Owensby Jr. (Attachments: #1 Exhibit A-H#2 Exhibit I-R)(Martins, Paul) |
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Filing 51
ORDER by Judge S. A. Spiegel granting motion to dismiss [42-1] dismissing parties John Shirey, Kent A Ryan, and S Gregory Baker with prejudice; pltfs claims for punitive damages against deft City of Cincinnati are also dismissed, while deft City of Cincinnati remains a deft in this action for all other purposes (cc: all counsel) ( no pgs: 1) (km)
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| Filing 50 RESPONSE by plaintiff to motion to dismiss [42-1] ( no pgs: 3+) (ss) |
| Filing 49 MOTION by defendant Cincinnati City of for summary judgment on pendant & ancillary state tort claims ( no pgs: 13) (wam) |
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NOTATION ORDER by Judge S. A. Spiegel granting unopposed motion to extend time until 8/15/03 in which to file response to motion to dismiss [48-1] (cc: all counsel) (km)
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| Filing 48 UNOPPOSED MOTION by plaintiff to extend time until 8/15/03 in which to file response to motion to dismiss ( no pgs: 3) (km) |
| Filing 47 ATTORNEY APPEARANCE for plaintiff by Frederick Mason Morgan Jr. ( no pgs: 2) (km) |
| Filing 46 ATTORNEY APPEARANCE for plaintiff by Paul Bryan Martins ( no pgs: 2) (km) |
| Filing 45 ATTORNEY APPEARANCE for plaintiff by James Burdette Helmer Jr. ( no pgs: 2) (km) |
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Filing 44
ORDER by Judge S. A. Spiegel DENYING motion to amend complaint [37-1], DENYING motion to strike memorandum in support of motion to amend complaint [37-1] [39-1] (cc: all counsel) ( no pgs: 2+) (wam)
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| Filing 43 NOTICE by counsel for plaintiff of change of address ( no pgs: 2) (wam) |
| Filing 42 MOTION by defendants John Shirey, Kent A Ryan and S Gregory Baker to dismiss ( no pgs: 11+exh A-B) (km) |
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Filing 41
ORDER by Judge S. A. Spiegel granting motion to withdraw attorneys Asst City Solicitors Geri Hernandez Geiler and Gloria Sigman as counsel for defendants [38-1] attorney Gloria J Sigman for Robert B Jorg, attorney Geri H Geiler for Robert B Jorg, attorney Gloria J Sigman for Patrick Caton, attorney Geri H Geiler for Patrick Caton, attorney Gloria J Sigman for Victor Spellen, attorney Geri H Geiler for Victor Spellen (cc: all counsel) ( no pgs: 1) (wam)
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Filing 40
ORDER by Judge S. A. Spiegel: entering the appearance of Neil F Freund Esq as co-trial counsel on behalf of defendants City of Cincinnati, Shirey, Ryan, Baker, Streicher, Hunter, Sellers, and Hodge (cc: all counsel) (no pgs: 2) (km)
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| Filing 39 MOTION by defendant Cincinnati City of to strike memorandum in support of motion to amend complaint [37-1] ; afdts of Anthony G Carter and David L Ausdenmoore attached ( no pgs: 8+) (km) |
| Filing 38 MOTION by defendants Robert B Jorg, Patrick Caton, Victor Spellen to withdraw attorneys Asst City Solicitors Geri Hernandez Geiler and Gloria Sigman as counsel for defendants ( no pgs: 2) (km) |
| Filing 37 MOTION by plaintiff to amend complaint ; proposed (unsigned) first amended complaint attached ( no pgs: 9+exh 1-3) (km) |
| Filing 36 NOTICE by counsel for defendant Huntington Meadows of change of address ( no pgs: 2) (wam) |
| Filing 35 ATTORNEY SUBSTITUTION: terminating attorney Mark Carl Vollman for Cincinnati City of, n John Shirey, Kent A Ryan, S Gregory Baker, Thomas Streicher Jr, Robert B Jorg, Patrick Caton and substituting attorney Gloria J Sigman ( no pgs: 2) (wam) |
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Filing 34
ORDER by Judge S. A. Spiegel denying motion for summary judgment [8-1] by defendant Chris Campbell, Roby Heiland, Stephen Tilley, & Golf Manor City of (cc: all counsel) ( no pgs: 4) (wam)
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Filing 33
ORDER by Mag. Judge Jack Sherman granting motion to compel discovery [28-1];DFT City of Cincinnati is Ordered to produce the requested materials within 30 days fo the issuance of this Order (cc: all counsel) ( no pgs: 3) (wam)
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Filing 32
ORDER by Judge S. A. Spiegel vacating [24-1][24-2][24-3] Scheduling order; in addition the Court Orders this matter to proceed to trial as follows ; Discovery ddl set 1/1/04 ; Final pretrial conf tentatively set 9:00 3/4/04 ; Status conference held 9:00 1/30/03 ; Mtn filing ddl set 2/1/04 ; one week Jury trial tentatively set 5/3/04 on an on deck basis (cc: all counsel) ( no pgs: 3) (wam)
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| Filing 31 REPLY by plaintiff to response to motion to compel discovery [28-1] ( no pgs: 3) (km) |
| Filing 30 MEMORANDUM by defendant Cincinnati City of in opposition to motion to compel discovery [28-1] ( no pgs: 6) (km) |
| Filing 29 NOTICE of hearing ; Status conference set for 9:00 1/30/03 Rm 838 before J Spiegel (cc: all counsel) (km) |
| Filing 28 MOTION by plaintiff to compel discovery ( no pgs: 3+exh 1-2) (seal) |
| Filing 27 NOTICE by plaintiff of withdrawal of motion to consolidate case with related action C-1-02-374 [15-1] ( no pgs: 3) (km) |
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Filing 26
SCHEDULING ORDER by Judge S. A. Spiegel ; Prelim pretrial conf held 10:00 10/16/02; Discovery ddl set for 3/1/03; Status conference set for 9:00 1/30/03 (cc: all counsel) ( no pgs: 1) (km)
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| Filing 25 NOTICE setting this action for Preliminary PTC 10:00 10/16/02 Rm 838 before J Spiegel (no pgs: 2) (cc: all counsel) (km) |
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Filing 24
ORDER by Judge S. A. Spiegel ; Prelim pretrial conf held 9:00 8/14/02 at the request of the parties the court stays all proceedings including discovery pending the outcome of the federal investigation; PPTC is schedued for 60 days from date of this order ; Prelim pretrial conf set 10:00 10/16/02 (cc: all counsel) ( no pgs: 1) (vp)
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| Filing 23 MEMORANDUM by defendants Robert B Jorg, Patrick Caton, Darren Sellers, Jason Hodge and Victor Spellen (in their individual capacities) in opposition to motion to consolidate case with related action C-1-02-374 [15-1] ( no pgs: 3) (km) |
| Filing 22 NOTICE by defendants Robert B Jorg and Patrick Caton (in their individual capacities only) of withdrawal of attorneys Mark C Vollman and Geri H Geiler ( no pgs: 2) (km) |
| Filing 21 ATTORNEY SUBSTITUTION: terminating attorney Raymond J Pelstring for Huntington Meadows and Brian Manefee and substituting attorney Dale Anthony Stalf ( no pgs: 2) (km) |
| Filing 20 MEMORANDUM by defendants Cincinnati City of, John Shirey, Kent A Ryan, S Gregory Baker, Thomas Streicher Jr, David Hunter, Darren Sellers, Jason Hodge and Victor Spellen in opposition to motion to consolidate case with related action C-1-02-374 [15-1] ( no pgs: 4) (km) |
| Filing 19 MEMORANDUM by defendants Golf Manor City of, Stephen Tilley, Roby Heiland and John Doe #7 (n/k/a Chris Campbell) in opposition to motion to consolidate case with related action C-1-02-374 [15-1] ( no pgs: 3) (km) |
| Filing 18 UNOPPOSED MOTION by defendant Hamilton County OH (deft in related case C-1-02-374) to extend time until 8/7/02 in which to file response to motion to consolidate ( no pgs: 3) (km) |
| Filing 17 MEMORANDUM by plaintiff R Blaine Jorg (pltf in C-1-02-374) in opposition to motion to consolidate case with related action C-1-02-374 [15-1] ( no pgs: 5) (km) |
| Filing 16 MOTION by defendants Huntington Meadows and Brian Manefee to strike motion to consolidate case with related action C-1-02-374 [15-1] , or to extend time until 8/1/02 to file response to motion to consolidate ( no pgs: 3) (km) |
| Filing 15 MOTION by plaintiff to consolidate case with related action C-1-02-374 ( no pgs: 4) (km) |
| Filing 14 NOTICE setting this action for Preliminary PTC 9:00 8/14/02 Rm 838 before J Spiegel (no pgs: 2) (cc: all counsel) (km) |
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Filing 13
ORDER by Judge S. A. Spiegel ; Prelim pretrial conf held 3:30 5/16/02 ; upon verbal request of the the parties the Case is stayed as to all proceedings including discovery for 90 days in order to determine whether federal criminal charges are to be filed , ; Prelim pretrial conf reset to 9:00 8/14/02 (cc: all counsel) ( no pgs: 1) (km)
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| Filing 12 REPLY by defendants Golf Manor City of, Stephen Tilley, Roby Heiland and John Doe #7 (n/k/a Chris Campbell) to response to motion for summary judgment [8-1] ( no pgs: 4+) (km) |
| Filing 11 ATTORNEY SUBSTITUTION: terminating attorney Kenneth L Lawson for David Hunter and substituting attorney Ravert J Clark ( no pgs: 4) (km) |
| Filing 10 MEMORANDUM by plaintiff in opposition to motion for summary judgment [8-1]; afdt of John J Helbling Esq attached ( no pgs: 5+exh A-B) (km) |
| Filing 9 ANSWER by defendant Brian Manefee; jury demand ( no pgs: 6) (km) |
| Filing 8 MOTION by defendants Golf Manor City of, Stephen Tilley, Roby Heiland and John Doe #7 (n/k/a Chris Campbell) for summary judgment ; afdts of Chris Campbell, Stephen Tilley and Robert Heiland attached ( no pgs: 7+) (km) |
| Filing 7 WAIVER OF SERVICE mailed to defendants S Gregory Baker, Cincinnati City of, Kent A Ryan, Thomas Streicher Jr, John Shirey, Roby Heiland, Stephen Tilley, Golf Manor City of on 11/8/01; Answer due on 1/7/02 for S Gregory Baker, Cincinnati City of, Kent A Ryan, Thomas Streicher Jr, John Shirey, Roby Heiland, Stephen Tilley and Golf Manor City of ( no pgs: 11) (km) |
| Filing 6 NOTICE setting this action for Preliminary PTC 3:30 5/16/02 Rm 838 before J Spiegel (no pgs: 2) (cc: all counsel) (km) |
| Filing 5 ATTORNEY APPEARANCE for defendant David Hunter by Kenneth L Lawson ( no pgs: 7) (km) |
| Filing 4 ANSWER by defendant Huntington Meadows; jury demand ( no pgs: 6) (vp) |
| Filing 3 ANSWER by defendants Cincinnati City of, John Shirey, Kent A Ryan, S Gregory Baker, Thomas Streicher Jr, Robert B Jorg, Patrick Caton, David Hunter, Darren Sellers, Jason Hodge and Victor Spellen; jury demand ( no pgs: 8) (km) |
| Filing 2 ANSWER by defts Golf Manor City of, Stephen Tilley, Roby Heiland, John Doe #7; jury demand ( no pgs: 8) (vp) |
| Filing 1 COMPLAINT & JURY DEMAND ( no. pgs: 18) (km) |
| Filing Fee Paid: on 11/6/01 in the amount of $ 150.00, receipt # 100412834. (km) |
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