Mills v. Aramark Correctional Services
| Derrick Mills |
| Aramark Corporation, John Holt and Aramark Employee Holt |
| 1:2015cv00610 |
| September 21, 2015 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| WARREN |
| Timothy S Black |
| Stephanie K Bowman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on December 15, 2017. A more recent docket listing may be available from PACER.
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| Filing 34 CLERK'S JUDGMENT affirming #33 Decision and Entry. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 33 DECISION AND ENTRY ADOPTING #32 REPORT AND RECOMMENDATIONS. Defendant's pending Motions for Judgment on the Pleadings and for Summary Judgment (Docs. 27, 28) are GRANTED. This case is TERMINATED from the docket of this Court.Signed by Judge Timothy S. Black on 12/15/17. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 32 REPORT AND RECOMMENDATIONS re #27 MOTION for Judgment on the Pleadings filed by Aramark Corporation, #28 MOTION for Summary Judgment filed by Aramark Corporation. IT IS RECOMMENDED THAT Defendant's pending motions for judgment on the pleadings and for summary judgment #27 #28 be GRANTED, with all claims to be dismissed against Defendant Aramark. IT IS FURTHER RECOMMENDED that Plaintiff's case be DISMISSED IN ITS ENTIRETY WITH PREJUDICE for failure to prosecute, and that this case be CLOSED. Objections to R&R due by 9/29/2017. Signed by Magistrate Judge Stephanie K. Bowman on 9/15/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 31
ORDER TO SHOW CAUSE - Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing on or before 6/20/2017, why the Defendant Aramark Correctional Service's dispositive motions #27 #28 should not be construed as unopposed and granted for the reasons stated. Failure to timely comply with this Order will result in a Report and Recommendation to the District Judge that the pending motions be granted. The Clerk of Court is hereby DIRECTED to serve a copy of this Order upon Plaintiff at his address of record, as well as a courtesy copy to Madison Correctional Institution, Plaintiffs current address as reflected by the records of the Ohio Department of Rehabilitation and Corrections. Signed by Magistrate Judge Stephanie K. Bowman on 5/31/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 30 NOTICE by Defendant Aramark Corporation to Plaintiff regarding Motion for Summary Judgment (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Casolari, Samuel) |
| Filing 29 NOTICE by Defendant Aramark Corporation of Manual Transmission (Attachments: #1 Supplement Declaration) (Casolari, Samuel) |
| Filing 28 MOTION for Summary Judgment by Defendant Aramark Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Casolari, Samuel) |
| Filing 27 MOTION for Judgment on the Pleadings by Defendant Aramark Corporation. (Casolari, Samuel) |
| 2 DVDS (Video referenced in Declaration of Sharon Gwilyn re #28 MOTION for Summary Judgment by Defendant Aramark Corporation) received this date from Defendant Aramark Corporation and forwarded to the chambers of Magistrate Judge Stephanie K. Bowman. (eh) |
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Filing 26
CALENDAR ORDER: Discovery due by 3/1/2017. Dispositive Motions not directed to pleadings due by 5/1/2017. Final pretrial conference and trial dates shall be set after resolution of all dispositive motions. Signed by Magistrate Judge Stephanie K. Bowman on 8/2/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 24
ORDER re 23 Sealed Return of Service Unexecuted. IT IS ORDERED that the Clerk of Court shall prepare summons forms in the name of Defendant John Holt and bearing the address listed in the correspondence filed under seal 18 but with the corrected zip code utilized with the prior reissuance of service 22 . The summons form bearing the home address of Defendant John Holt also shall be FILED UNDER SEAL with access restricted to Court personnel in order to protect the legitimate security concerns of prison employees. The Clerk shall serve a copy of the correspondence of Defendant Aramark Corporation of 3/9/2016, the Complaint, summons, the Court Orders of 3/10/2016 #17 and 4/26/2016 #21 , as well this Order upon Defendant John Holt by ordinary mail. The Clerk of Court shall further make notice on the docket of service of the Complaint by ordinary mail, to include of the date of mailing. In the event that ordinary mail service is returned undelivered, the Clerk shall file such return of service under seal and promptly make notice on the docket. Signed by Magistrate Judge Stephanie K. Bowman on 6/30/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| NOTICE by Clerk of ordinary mail service as to Defendant John Holt, pursuant to Court Order #24 . (km) |
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Filing 21
ORDER re 20 Sealed Summons Returned Unexecuted as to Defendant John Holt. Having reviewed the sealed return of service in this matter, as well as the in camera submission of Defendant Aramark Corporation, the undersigned takes judicial notice of a possible error concerning the zip code designation provided for Defendant John Holt. Accordingly, the Court finds that reissuance of service on Defendant John Holt utilizing the correct zip code designation is appropriate. Accordingly, IT IS ORDERED: (1) The Clerk of Court shall prepare summons forms in the name of Defendant "John Holt" and bearing the address listed in the correspondence filed under seal, but with the zip code to be corrected as instructed by the courtroom deputy clerk to the undersigned magistrate judge. Upon completion, the Clerk shall forward the reissued summons to the United States Marshal for service. However, the United States Marshal Form 285 shall NOT include the Defendant's home address. The summons form bearing the home address of Defendant "John Holt" also shall be FILED UNDER SEAL with access restricted to Court personnel in order to protect the legitimate security concerns of prison employees;(2) On or before 5/20/2016, the United States Marshal shall serve a copy of the correspondence of Defendant Aramark Corporation of 3/9/2016, the Complaint, summons, and this Order upon Defendant "John Holt" at the address listed in the correspondence filed under seal and as corrected by the Court. All costs of service shall be advanced by the United States; (3) Return of the U.S. Marshal Forms 285 for Defendant John Holt shall be filed under seal.. Signed by Magistrate Judge Stephanie K. Bowman on 4/26/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Notice of Correction re: 20 Summons Returned Unexecuted. The docket entry and attachment have been placed under seal per Court Order of 3/10/2016 #17 . (km) |
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Filing 17
ORDER - Upon review of the information provided, Defendant has provided the name and last known address of "Ararmark Employee Holt," thereby satisfying the requirements of the Court's Order #14 . Accordingly, IT IS ORDERED:(1) The correspondence from Defendant Aramark Corporation, dated 3/9/2016, and tendered in camera pursuant to the last Order of this Court, shall be FILED UNDER SEAL by the Clerk of Court, with access to the document restricted to Court personnel only; (2) The Clerk of Court shall amend the Court's docket to reflect the Defendants correct name of "John Holt;" (3) The Clerk of Court shall prepare summons forms in the name of Defendant "John Holt" and bearing the address listed in the correspondence filed under seal, and shall forward the summons to the United States Marshal for service. However, United States Marshal Forms 285 shall NOT include the Defendant's home address. The summons form bearing the home address of Defendant "John Holt" also shall be FILED UNDER SEAL with access restricted to Court personnel in order to protect the legitimate security concerns of prison employees; (4) On or before 4/1/2016, the United States Marshal shall serve a copy of the correspondence of Defendant Aramark Corporation of 3/9/2016, the complaint, summons, and this Order upon Defendant "John Holt" at the address listed in the correspondence filed under seal. All costs of service shall be advanced by the United States;(5) Return of the U.S. Marshal Forms 285 for Defendant Aramark Corporation shall be filed UNDER SEAL. Signed by Magistrate Judge Stephanie K. Bowman on 3/10/2016. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 16 NOTICE by Defendant Aramark Corporation re #14 Order on Motion for Miscellaneous Relief,,, of Compliance (Casolari, Samuel) |
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NOTATION ORDER granting #15 Defendant Aramark Corporations' Motion for Extension of Time Until 3/14/2016 to Comply with the Court Order of 2/22/2016 #14 regarding the in camera submission to the Court of personal identifying information pertaining to "Aramark Employee Holt." Signed by Magistrate Judge Stephanie K. Bowman on 3/3/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 15 MOTION for Extension of Time New date requested 3/14/2016. to Release Personal Information by Defendant Aramark Corporation. Responses due by 3/28/2016 (Casolari, Samuel) |
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Filing 14
ORDER granting #13 Defendant Aramark Corporation's Motion on Release of Personal Information to Assure Confidentiality. The Court's Order of 11/10/2015 #10 is hereby AMENDED to remove the requirement that Defendant provide the personal information of Defendant "Aramark Employee Holt" directly to Plaintiff. Defendant is hereby ORDERED to directly submit this information to the Court for in camera review pursuant to S. D. Ohio Civ R. 5.2.1(b) within ten (10) days of the date of this Order. Upon receipt and review of this information, the Court shall issue any subsequent Order required with regards to service of process, while maintaining confidentiality of the information. Signed by Magistrate Judge Stephanie K. Bowman on 2/22/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 13 First MOTION on Release of Personal Information to Assure Confidentiality by Defendant Aramark Corporation. Responses due by 3/14/2016 (Casolari, Samuel) |
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NOTATION ORDER: This civil action is before the Court on Plaintiff's motion for an extension of thirty days (Doc. #12 ) to file his objections to the Magistrate Judge's Report and Recommendation (Doc. #10 ). Although the time for objections has already expired and the Court has already entered a Decision and Entry adopting the Magistrate Judge's Report and Recommendation (Doc. #11 ), Plaintiff states that he mailed the motion for extension of time through the prison mail service on 11/23/15, prior to the expiration of time for objections. Accordingly, and for good cause shown, Plaintiff's motion is GRANTED. Plaintiff shall file his objections on or before 1/11/16. IT IS SO ORDERED by Judge Timothy S. Black on 12/15/2015. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 12 MOTION for Extension of Time to File Objections to R&R by Plaintiff Derrick Mills. (eh) |
| Filing 11 DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. #10 ). Signed by Judge Timothy S. Black on 12/3/2015. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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Filing 10
ORDER AND REPORT AND RECOMMENDATIONS re #3 Complaint filed by Derrick Mills. IT IS RECOMMENDED THAT: Any claim by plaintiff under 42 U.S.C. 1983 against defendant Aramark be DISMISSED with prejudice on the ground that plaintiff's allegations fail to state a claim upon which relief may be granted by this Court. IT IS ORDERED THAT: 1. At this juncture, it appears that removal of the Warren County Common Pleas Court case to this Court is proper. Plaintiff may proceed with his complaint to the extent that (1) the Court has diversity jurisdiction to consider plaintiffs state-law tort claims against the defendants; and (2) the Court has federal question jurisdiction to consider a claim under 42 U.S.C. 1983 against the former Aramark employee stemming from an attack that allegedly occurred at WCI on 6/28/2015; 2. In light of Defendants' recent pleadings establishing that the defendant "Aramark Employee Holt" is actually an unknown "John Doe" defendant, it is hereby ORDERED that service of process on "Aramark Employee Holt" is QUASHED. Defendant Aramark is hereby ORDERED to provide the plaintiff within 60 days of the date of this Order with any information in its possession regarding the identity of the former Aramark employee allegedly involved in the incident that occurred at WCI on 6/28/2015 and that former employee's current address. Plaintiff is granted an extension of 120 days from the date of this Order in which to identify and effectuate service on the "John Doe" defendant currently referred to in the complaint as "Aramark Employee Holt." Plaintiff is hereby NOTIFIED that if the "John Doe" defendant is not served within the requisite 120-day period, "the courton motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time" in the absence of a showing by plaintiff of "good cause for the failure" to timely effectuate service. See Fed. R. Civ. P. 4(m) (provision in effect until 12/1/2015); 3. Plaintiff shall serve upon defendants or, if appearance has been entered by counsel, upon defendants attorney(s), a copy of every further pleading or other document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed with the Clerk of Court a certificate stating the date a true and correct copy of any document was mailed to defendants or their counsel. Any paper received by a district judge or magistrate judge which has not been filed with the Clerk or which fails to include a certificate of service will be disregarded by the Court; 4. Plaintiff shall inform the Court promptly of any changes in his address which may occur during the pendency of this lawsuit. Objections to R&R due by 11/27/2015. Signed by Magistrate Judge Stephanie K. Bowman on 11/10/2015. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 9 Response re #6 Order, Set Deadlines,,,,,, Response to Request for Supporting Evidence Regarding Service by Defendant Holt. (Brennan, Terry) |
| Filing 8 Response re #6 Order, Set Deadlines,,,,,, Response to Request for Supporting Evidence Regarding Service Upon Defendant "Aramark Employee Holt" by Defendant Aramark Corporation. (Attachments: #1 Exhibit A) (Casolari, Samuel) |
| Filing 7 Objection re #1 Notice of Removal by Plaintiff Derrick Mills. (sct) |
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Filing 6
ORDER - out of an abundance of caution and in order to insure that the matter is not subject to remand based on any defect in the removal process, it is hereby ORDERED that within 30 days of the date of this Order the defendants shall submit pleadings with supporting evidence showing the date defendant "Aramark Employee Holt" was served with process and/or defendant Holt's consent to the removal of the case from the state court to this federal district court. It is FURTHER ORDERED that any objection to the removal of this case by the plaintiff or defendant Holt must be filed within 30 days of the date of this Order. Response due by 11/3/2015. Signed by Magistrate Judge Stephanie K. Bowman on 10/1/2015. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 5 ANSWER to #3 Complaint filed by Holt. (Brennan, Terry) |
| Filing 4 ANSWER to #3 Complaint with Jury Demand filed by Aramark Corporation. (Casolari, Samuel) |
| Filing 3 COMPLAINT originally filed 8/21/2015 in Warren County Court of Common Pleas (Case No. 15cv87635) by Derrick Mills against Aramark Corporation, Aramark Empolyee Holt. (eh) |
| Filing 2 NOTICE OF REMOVAL from Warren County Court of Common Pleas, case number 15CV87635, filed by Aramark Correctional Services. (Casolari, Samuel) |
| Filing 1 NOTICE OF REMOVAL from Warren County Court of Common Pleas, case number 15CV87635 ( Filing fee $ 400 paid - receipt number: 0648-5212445), filed by Aramark Correctional Services. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A) (Casolari, Samuel) |
| Notice of Correction: re #1 Notice of Removal - clerk restricted main document pdf document due to incorrect document being filed. Clerk instructed counsel to just refile the Notice of Removal document by itself and not the entire state court record. Please see doc. #2 Notice of Removal for corrected filing. (jee) |
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