Pineda v. Hamilton County et al
Ali Pineda |
Hamilton County, James Neil, Hamilton County Sheriff's Department, Raymond Berry, William Cotton, Gene Nobles, PNA, Inc., Jeffrey Gramke and John Doe |
1:2015cv00693 |
October 26, 2015 |
US District Court for the Southern District of Ohio |
Cincinnati Office |
HAMILTON |
Sandra S Beckwith |
Stephanie K. Bowman |
Other Civil Rights |
42 U.S.C. ยง 1981 |
Plaintiff |
Available Case Documents
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Filing 86 ORDER ADOPTING 82 REPORT AND RECOMMENDATIONS: Plaintiff Ali Pinedas Motion for leave to Amend the Complaint and or to Vacate (Doc. 37) Order on Motion to Dismiss is GRANTED. The Court vacates the portion of the September 20, 2016 order that dismi ssed Count V of the Amended Complaint, the failure to investigate/ratification claim against the Hamilton County Sheriffs Department and Sheriff Neil. The Court GRANTS plaintiff leave to file the proposed second amended complaint within 14 days of the any Order adopting the Report and Recommendation. Signed by Judge Susan J. Dlott on 7/16/2018. (jlw) |
Filing 82 REPORT AND RECOMMENDATIONS re 57 Plaintiff's Motion for Leave to Amend the Complaint and/or to Vacate Order. IT IS RECOMMENDED THAT Plaintiff Ali Pineda's Motion 57 be GRANTED, such that: (1) The Court VACATE that portion of its 9/20 /2016 Order that dismissed Count 5 of his Amended Complaint, the failure to investigate/ratification claim against the Hamilton County Sheriff's Department and Sheriff Neil; and (2) The Court GRANT Plaintiff leave to file the Proposed Second Ame nded Complaint attached to his reply in support of his pending Motion (Doc. 69-1) within 14 days of any order adopting this Report and Recommendations. Objections to R&R due by 5/17/2018. Signed by Magistrate Judge Stephanie K. Bowman on 5/3/2018. (km) |
Filing 81 MEMORANDUM ORDER granting 70 Plaintiff's Motion for Protective Order. No Defendant may further inquire, either at trial or otherwise in this litigation, into Plaintiff's (or any other witness's) immigration status, which would inclu de questions about citizenship, a social security number, a driver's license or other form of government identification, and the name of his or her employer. In tandem with this protective order, Plaintiff may not testify at trial regarding the length of any absence from work that he attributes to the injury he sustained at the Inner City nightclub. Because it is premature, Plaintiff's liminal motion regarding Fifth Amendment concerns is DENIED WITHOUT PREJUDICE to renew before the presiding judge. Signed by Magistrate Judge Stephanie K. Bowman on 4/16/2018. (km) |
Filing 37 ORDER granting in part and denying in part 32 Motion to Dismiss. The court finds that the County defendants have not consented to MJ Bowman's jurisdiction over the case, and will treat MJ Bowman's oral rulings as a report & recommendati on. Plaintiff's motion to alter or amend judgment is MOOT. Plaintiff's motion for leave to amend the complaint is GRANTED. The County defendants' objection are OVERRULED. The deputies' motion to dismiss the excessive use of force claim and the claim for deliberate indifference to serious medical needs are both DENIED. Their motion to dismiss the failure to protect claim is GRANTED. The Defendants' motion to dismiss the failure to supervise claim is GRANTED. The County defendants' motion to dismiss the failure to investigate/ratification claim is GRANTED. The deputies' motion to dismiss the qualified immunity claims is DENIED. Signed by Judge Sandra S Beckwith on 9/20/16. (mb) |
Filing 13 ORDER granting 9 defendants' Hamilton County, Neil, Hamilton County Sheriff's Dept., Berry, Nobles, & Cotton Motion to Dismiss. Plaintiff's claims against these defendants are dismissed with prejudice. Signed by Judge Sandra S Beckwith on 3/14/16. (mb) |
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