Ciminillo v. Streicher, et al
| Kyle Ciminillo |
| Sergeant Daniel Hills, Police Officer Gerald Knight, Lt. Colonel Richard Janke and Chief of Police Thomas Streicher |
| 1:2003cv00193 |
| March 18, 2003 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| Herman J Weber |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2013. A more recent docket listing may be available from PACER.
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| Docket Annotation: File shipped in 11/2012. Accession No. 021/2013/0115; Box 104 of 156. Location Number no longer required. (mb) |
Filing 55
ORDER DISMISSING CASE (60 day conditional dismissal). Signed by Judge Herman J. Weber on 11/7/06. (do, )
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| Minute Entry for proceedings held before Judge Timothy S. Black : Settlement Conference held on 11/6/2006. Case settled. (Court Reporter Mary Ann Ranz.) (jl, ) |
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Filing 54
ORDER REFERRING CASE to Magistrate Judge Timothy S. Black for Settlement Conference.Parties are hereby advised that the above styled case is hereby SCHEDULED for a Settlement Conference on Friday, November 3, 2006 at 10:00 a.m. before United States Magistrate Judge Timothy Black.Counsel shall attend the above scheduled Conference with their client and/or a representative with settlement authority.Counsel are further advised that a position paper shall be emailed to black_chambers@ohsd.uscourts.gov by 12 noon on Thursday, November 2, 2006. If the case is not resolved, counsel are advised that the Final Pretrial Order deadline of November 6, 2006 and the December trial term settings are hereby Confirmed.. Signed by Judge Herman J. Weber on 10/31/06. (do, ) Modified on 10/31/2006 (do, ).
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Filing 53
TRIAL PROCEDURE ORDER . Signed by Judge Herman J. Weber on 6/29/06. (ph, )
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Filing 52
ORDER: Joint Pretrial Order due by 11/5/2006. Trial set for 12/2006 before Herman J. Weber.. Signed by Judge Herman J. Weber on 6/29/06. (ph, )
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Filing 51
ORDER granting #50 Motion to Continue.Counsel shall file their Joint Status Report and Proposed Scheduling Order on or before April 21, 2006. Signed by Judge Herman J. Weber on 3/16/06. (do, )
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| Filing 50 Joint MOTION to Continue by Defendants Thomas Streicher, Gerald Knight, Daniel Hills, Richard Janke. (Ganulin, Richard) |
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Filing 49
ORDER that pursuant to the Mandate for COFA (doc. 48) this case is Reinstated to the active docket of this Court. Counsel shall file a Joint Status Report and Proposed Scheduling Order within 20 days of the date of this Order. Signed by Judge Herman J. Weber on 2/22/06. (ph, )
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| Filing 48 MANDATE of USCA as to #42 Notice of Appeal filed by Kyle Ciminillo, (ph, ) |
| Filing 47 USCA JUDGMENT as to #42 Notice of Appeal filed by Kyle Ciminillo, reversing the district's courts order granting Knight summary judgment and remanding for further proceedings. District COurt's order granting City of Cincinnati summary judgment on Ciminillo's failure to train claim is affirmed (ph, ) |
| Filing 46 USCA INFORMATION COPY re #42 Notice of Appeal: Reversing the district's courts order granting Knight summary judgment and remanding for further proceedings. District COurt's order granting City of Cincinnati summary judgment on Ciminillo's failure to train claim is affirmed (ph, ) Additional attachment#(1)Corrected page from COFA added on 4/14/2006 (ph, ). Modified on 4/14/2006 (ph, ). |
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Filing 45
ORDER of USCA as to #42 Notice of Appeal filed by Kyle Ciminillo, moton to reinstate appeal is granted (ph, )
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| Filing 44 TRANSCRIPT REQUEST by Plaintiff Kyle Ciminillo. (ph, ) |
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Filing 43
ORDER of USCA as to #42 Notice of Appeal filed by Kyle Ciminillo dismissed for want of prosecution, (ph, ) Modified on 2/17/2005 (ph, ).
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| USCA Case Number 04-4346 for #42 Notice of Appeal filed by Kyle Ciminillo. (kej, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #42 Notice of Appeal (kej, ) |
| USCA Appeal Fees received $ 255 receipt number 424543 re #42 Notice of Appeal filed by Kyle Ciminillo (kej, ) |
| Filing 42 NOTICE OF APPEAL filed by Plaintiff Kyle Ciminillo as to #40 Order, #41 Clerk's Judgment. (kej, ) Additional attachment(s) added on 10/22/2004 (kej, ). |
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Filing 41
CLERK'S JUDGMENT in favor of defendants Knight and City of Cincinnati against Plaintiff and plaintiff's cost pursuant to Order Signed by Judge Herman J. Weber on 9/20/04. (ph, )
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Filing 40
ORDER that summary judgment is granted in favor of defendants Knight and the City of Cincinnati. The federal claims are dismissed with prejudice. State law claims against defendant Knight are dismissed without prejudice. Case is dismissed and terminated on the docket of this Court at plaintiff's cost. Signed by Judge Herman J. Weber on 9/20/04. (ph, )
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| Filing 39 Minute Entry for proceedings held before Judge Herman J. Weber : Motion Hearing held on 9/14/2004 re Motion for Summary Judgment. Oral argument of counsel. Order to issue.(Court Reporter J. Wolfer (Official).) (do, ) |
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Filing 38
ORDER: Motion Hearing is rescheduled to Tuesday, September 14, 2004 at 9:00 a.m. Signed by Judge Herman J. Weber on 8/26/04. (do, )
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Filing 37
ORDER Re-Setting Hearing on Motion #34 MOTION for Summary Judgment: Motion Hearing reset to 8/27/2004 09:00 AM in Courtroom 1 before Herman J. Weber. Signed by Judge Herman J. Weber on 7/28/04. (do, )
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Filing 36
ORDER: SJM Hearing reset to 8/3/04 at 3PM. Signed by Judge Herman J. Weber on 7/15/04. (do, )
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Filing 35
ORDER Setting Hearing on Motion #34 MOTION for Summary Judgment:Motion Hearing reset for 8/2/2004 09:00 AM in Courtroom 1 before Herman J. Weber. Signed by Judge Herman J. Weber on 5/18/04. (do, )
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| Filing 34 MEMORANDUM in Support of motion for Summary Judgment by Defendants Thomas Streicher, Gerald Knight, Daniel Hills, Richard Janke. Responses due by 6/1/2004 (Attachments: #1 Transcript of Kyle Ciminillo#2 Transcript of Kyle Ciminillo#3 Transcript of Kyle Ciminillo#4 Transcript of Kyle Ciminillo#5 Affidavit #6 Affidavit #7 Affidavit)(Ganulin, Richard) Modified on 9/8/2004 (do, ). |
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Filing 33
ORDER REOPENING CASE. Summary Judgment Hearing scheduled for 5/18/04 at 1:30 p.m. Signed by Judge Herman J. Weber on 4/27/04. (do, )
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Filing 32
ORDER of USCA that appellant's motion to voluntarily dismiss the #17 Notice of Interlocutory Appeal filed by Gerald Knight is GRANTED. (art, )
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Filing 31
ORDER: Defendants' Motion for Sanctions under Rule 11 (doc.20) is DENIED. Signed by Judge Herman J. Weber on 4/14/04. (do, )
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| Filing 30 Reply re #29 Pretrial Memorandum in Opposition to Defendants' Rule 11 Motion by Defendant Thomas Streicher. (Ganulin, Richard) |
| Filing 29 PRETRIAL MEMORANDUM OF PLAINTIFF IN OPPOSITION OF DEFENDANT'S RULE 11 MOTION FOR SANCTIONS by Plaintiff Kyle Ciminillo. (Lawson, Kenneth) |
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Filing 28
ORDER granting #27 Motion to Reopen Case. Plaintiff shall have twenty days from the date of this Order to file his response to the Rule 11 motion. . Signed by Judge Herman J. Weber on 2/10/04. (do, )
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| Filing 27 MOTION to Reopen Case on the Active Docket for Limited Purpose of Deciding Pending Rule 11 Motion by Defendants Thomas Streicher, Gerald Knight, Daniel Hills, Richard Janke. (Ganulin, Richard) |
| Filing 26 USCA Case Number 03-4574 for #17 Notice of Interlocutory Appeal, filed by Gerald Knight. (art, ) |
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Filing 25
ORDER ADMINISTRATIVELY TERMINATING AND STAYING CASE. Signed by Judge Herman J. Weber on 12/18/03. (do, )
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Filing 24
ORDER denying #16 Motion to Certify Appeal as Frivolous. Signed by Judge Herman J. Weber on 12/18/03. (do, )
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| Filing 23 MOTION for Protective Order and Motion to Vacate Schedule and Request for Expedited Consideration and Memorandum in Support by Defendant Gerald Knight. (Ganulin, Richard) |
| Filing 22 NOTICE to Take Deposition of Officer Gerald Knight by Plaintiff Kyle Ciminillo.(Lawson, Kenneth) |
| Filing 21 MOTION for Reconsideration and Memorandum in Support by Defendants Thomas Streicher, Gerald Knight, Daniel Hills, Richard Janke. (Ganulin, Richard) |
| Filing 20 MOTION for Sanctions Under Rule 11 by Defendants Thomas Streicher, Gerald Knight, Daniel Hills, Richard Janke. (Attachments: #1 Exhibit Transcript of Audiotape)(Ganulin, Richard) |
| Filing 19 REPLY to Response to Motion re #16 MOTION to Dismiss Motion To Certify Defendant's Appeal As Frivolous Plaintiff's Reply Memorandum in Support of Plaintiff's Motion To Certify Appeal as Frivolous filed by Plaintiff Kyle Ciminillo. (Lawson, Kenneth) |
| Filing 18 RESPONSE to Motion re #16 MOTION to Dismiss Motion To Certify Defendant's Appeal As Frivolous filed by Defendants Thomas Streicher, Gerald Knight, Daniel Hills, Richard Janke. (Attachments: #1 Exhibit Transcript)(Ganulin, Richard) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #17 Notice of Interlocutory Appeal, (art, ) |
| Filing 17 NOTICE OF INTERLOCUTORY APPEAL as to #15 Order on Motion to Dismiss Complaint, Motion to Strike, Motion for More Definite Statement by Defendants Gerald Knight, and the City of Cincinnati. Filing fee $ 255, receipt number 100420935. (Attachments: #1 appeal filing fee receipt)(art, ) |
| Filing 16 MOTION to Dismiss Motion To Certify Defendant's Appeal As Frivolous by Plaintiff Kyle Ciminillo. Responses due by 12/12/2003 (Lawson, Kenneth) |
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Filing 15
ORDER granting in part and denying in part 6 Motion to Dismiss; denying 6 Motion to Strike; granting in part and denying in part 6 Motion for More Definite Statement. Denying 10 Motion to Strike. State Law Claims against Deft Knight are Stayed pending determination of the federal claims. The PPT scheduled for 10/21/03 is CANCELLED. The Motion to Dismiss is converted to a Motion for Summary Judgment as to the remaining federal claim against deft Knight & the failure to train claim against the City. A Summary Judgment Hearing is SCHEDULED for 1/22/04 at 9AM. . Signed by Judge Herman J. Weber on 10/20/03. (do, )
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| Filing 14 NOTICE of Hearing: Initial Preliminary Pretrial Conference reset to 10/21/2003 03:00 PM in Courtroom 1 before Herman J. Weber. (do, ) |
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Filing 13
ORDER by Judge Herman J. Weber ; Prelim pretrial conf reset for 3:00 10/3/03 (cc: all counsel) ( no pgs: 1) (ph)
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| Filing 12 RESPONSE by plaintiff & defendants to Preliminary Pretrial Conference Order [2-1]; JPL & Proposed Scheduling Order (ph) |
| Filing 11 REPLY by defendants to response to motion to dismiss complaint [6-1] () (ph) |
| Filing 10 MOTION by plaintiff to strike defts' exhibits in re motion to dismiss complaint [6-1]; motion to strike the immaterial, impertintent and scandalous allegations in the complaint [1-1] [6-2] and motion for pltf to file a more definite statement [6-3] (ph) |
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NOTATION ORDER by Judge Herman J. Weber granting stipulation to extend time until 7/10/03 for pltf to respond to deft's motion to dismiss [9-1] (cc: all counsel) (ph)
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| Filing 9 STIPULATION extending time until 7/10/03 for pltf to respond to deft's motion to dismiss complaint [6-1] ( no pgs: 1) (ph) |
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Filing 8
ORDER by Judge Herman J. Weber ; Prelim pretrial conf reset for 1:30 8/11/03 ; Counsel shall file JPL by 7/31/03; Case mgnt ddl reset for 7/31/03 (cc: all counsel) ( no pgs: 1) (ph)
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| Filing 7 ATTORNEY SUBSTITUTION: terminating attorney Stephen S Lazarus for deft's Daniel Hills & Gerald Knight and substituting attorney Donald E Hardin (ph) |
| Filing 6 MOTION by defendants to dismiss complaint , to strike the immaterial, impertintent and scandalous allegations in the complaint [1-1] , and for pltf to file a more definite statement ( no pgs: 19+video & audio tape) (ph) |
| Filing 5 ATTORNEY APPEARANCE for defendants Gerald Knight & Daniel Hills by Stephen S Lazarus ( no pgs: 1) (ph) |
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NOTATION ORDER by Judge Herman J. Weber granting stipulation for extension of time [4-1] (cc: all counsel) (ph)
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| Filing 4 STIPULATION extending time until 5/30/03 for defts to respond to complaint [1-1] ( no pgs: 2) (ph) |
| Filing 3 ATTORNEY APPEARANCE for defendants by Richard Ganulin ( no pgs: 2) (ph) |
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Filing 2
PRELIMINARY PRETRIAL CONFERENCE ORDER by Judge Herman J. Weber; Pltf shall file JPL by 5/15/03 ; Case mgnt ddl set for 5/15/03 ; Prelim pretrial conf set for 1:30 6/27/03 (cc: all counsel) ( no pgs: 5) (ph)
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| Filing 1 COMPLAINT & JURY DEMAND (Summonses issued) ( no. pgs: 15) (ph) |
| Filing Fee Paid: on 3/18/03 in the amount of $ 150.00, receipt # 100 418240. (ph) |
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