Sizemore v. Edgewood Board of Education et al
| Leslie Sizemore |
| Tom York, Edgewood City Schools, Edgewood Board of Education, David Slamer, Beth Banjamin, Daniel Benjamin, Gary Gabbard, John Does 1 through 10, Amy Ashcraft, Jim Wirley and Jim Wirtley |
| 1:2019cv00555 |
| July 8, 2019 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Douglas R Cole |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
***Civil Case Terminated pursuant to #44 Stipulation of Dismissal. (sct)
|
|
Filing 44
Stipulation of Dismissal with Prejudice by Plaintiff Leslie Sizemore (Sammarco, Alissa) Modified docket text on 3/8/2021 (sct).
|
|
Filing 43
NOTICE of Voluntary Dismissal by Plaintiff Leslie Sizemore (Sammarco, Alissa)
|
|
Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Settlement Conference held on 1/5/2021. Matter resolved. The Plaintiff will file a notice of dismissal within 60 days. (km)
|
|
Filing 42
Order Setting Settlement Conference: Settlement Conference set for 1/5/2021 at 10:00 AM before Magistrate Judge Stephanie K. Bowman. Due to the ongoing COVID-19 pandemic and the current health restrictions that are in place, the Court will determine the method in which the mediation shall be conducted prior to the conference (by video conferencing or in person appearance). Should the parties strongly desire the Court's consideration of an in-person mediation, counsel shall advise the chambers of the undersigned, in writing, within 14 days prior to the conference, of the total number of participants (counsel and client representatives) they anticipate being present at the mediation. The Court shall then determine if an in-person mediation with social distancing can be accommodated. After a good faith assessment of the value of the case, Plaintiff shall submit a demand to Defendants by 11/20/2020. Defendants, after the same good faith assessment, must then respond with an offer by 12/11/2020. The parties should thereafter engage in continued settlement discussions in an attempt to resolve the matter prior to the settlement conference. Ex parte settlement statements are due to the Court no later than 12/28/2020 at Noon. Statements shall be submitted directly to chambers either by email at bowman_chambers@ohsd.uscourts.gov or by fax at (513) 564-7681. Signed by Magistrate Judge Stephanie K. Bowman on 10/26/2020. (km)
|
|
Filing 41
ORDER referring case to Magistrate Judge Stephanie K. Bowman for settlement conference. Signed by Judge Douglas R. Cole on 10/23/20. (sct)
|
|
Filing 40
NOTICE of Appearance by Meredith C. Turner-Woolley for Defendant Daniel Benjamin (Turner-Woolley, Meredith)
|
|
Filing 39
NOTICE to Take Deposition of DARRYL STEINER by Plaintiff Leslie Sizemore. (Sammarco, Alissa)
|
|
Filing 38
NOTICE to Take Deposition of JANIE BERRY by Plaintiff Leslie Sizemore. (Sammarco, Alissa)
|
|
Filing 37
NOTICE to Take Deposition of BOB SELBY by Plaintiff Leslie Sizemore. (Sammarco, Alissa)
|
|
Filing 36
NOTICE to Take Deposition of MAUREEN RUETHER by Plaintiff Leslie Sizemore. (Sammarco, Alissa)
|
|
Filing 35
NOTICE to Take Deposition of TERESA LEWIS by Plaintiff Leslie Sizemore. (Sammarco, Alissa)
|
|
Filing 34
NOTICE to Take Deposition of DAVID SLAMMER by Plaintiff Leslie Sizemore. (Sammarco, Alissa)
|
|
Filing 33
NOTICE to Take Deposition of DANIEL BENJAMIN by Plaintiff Leslie Sizemore. (Sammarco, Alissa)
|
|
Filing 32
NOTICE to Take Deposition of Leslie Sizemore by Defendant Edgewood Board of Education. (Smith, Ian)
|
|
Filing 31
NOTICE to Take Deposition of Leslie Sizemore by Defendant Edgewood Board of Education. (Smith, Ian)
|
|
Filing 30
NOTICE by Plaintiff Leslie Sizemore Designation of Expert Witnesses (Sammarco, Alissa)
|
|
Filing 29
Defendant's ANSWER to #21 Amended Complaint Plaintiff's Second Amended Complaint filed by Edgewood Board of Education. (Smith, Ian)
|
|
Filing 28
OPINION and ORDER granting #24 Defendants' Partial Motion to Dismiss. The Court DISMISSES WITH PREJUDICE Count I's Title VII claim against the Board Members and Principal Slamer in their official capacities, Count II's Title VII claim against the Board Members and Principal Slamer in their official capacities, Count I's Revised Code 4112.02 claim against the Board Members and Principal Slamer in their official capacities, Count II's Revised Code 4112.02 claim against the Board Members and Principal Slamer in their official capacities, and Count III's 42 U.S.C. 1983 claim against the individual Board Members and Principal Slamer in their official capacities. The Court DISMISSES WITHOUT PREJUDICE Count II's Title VII retaliation/constructive discharge claim against the Board, Count II's Revised Code 4112.02 retaliation claim against the Board, and Count III's 42 U.S.C. 1983 claim against the Board. Signed by Judge Douglas R. Cole on 4/17/20. (sct)
|
|
Minute Entry for proceedings held before Judge Douglas R. Cole: Oral Argument held on 3/4/2020 re #24 Edgewood Board of Education Defendants' PARTIAL MOTION to Dismiss Plaintiff's Second Amended Complaint. Alissa Sammarco appeared for Plaintiff; Ian Smith and Gary Winters appeared for Edgewood Board of Education Defendants; Bryan Mahoney appeared for Defendant Daniel Benjamin. The Court heard arguments of counsel and took the matter under advisement. Order to issue. (Court Reporter: Sue Lopreato). (sct)
|
|
Notation Order and Minute Entry: this cause came before the Court pursuant to a Status Conference held on 1/27/2020. Alissa Sammarco appeared on behalf of Plaintiff Leslie Sizemore; Ian R. Smith and Ralph Gary Winters appeared on behalf of Defendant Edgewood Board of Education and the Board Members; Bryan Joseph Mahoney appeared on behalf of Defendant Daniel Benjamin. The parties will confer and submit a proposed protective order for the Court's review. The pending Motion (ECF No. #24 ) was also discussed, as was Plaintiff's request for oral argument (See ECF No. #25 ). The Court GRANTS the request for oral argument, and schedules argument for 3/4/2020 at 9:30am in Courtroom 2 before Judge Cole. SO ORDERED. Signed Judge Douglas R. Cole. (co).
|
|
Filing 27
REPLY to Response to Motion re #24 MOTION to Dismiss Plaintiff's Second Amended Complaint Defendants' Reply Memorandum in Support of Their Partial Motion to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Amy Ashcraft, Beth Banjamin, Edgewood Board of Education, Gary Gabbard, David Slamer, Jim Wirtley, Tom York. (Smith, Ian)
|
|
Filing 26
NOTICE by Plaintiff Leslie Sizemore (Magenheim, Alissa)
|
|
Filing 25
RESPONSE in Opposition re #24 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Plaintiff Leslie Sizemore. (Attachments: #1 Request for Oral Argument) (Magenheim, Alissa)
|
|
Filing 24
Partial MOTION to Dismiss Plaintiff's Second Amended Complaint by Defendants Amy Ashcraft, Beth Banjamin, Edgewood Board of Education, Edgewood City Schools, Gary Gabbard, David Slamer, Jim Wirtley, Tom York. (Smith, Ian) Modified Docket Text to Match Document on 12/19/2019 (bjc).
|
|
Filing 23
ANSWER to #21 Amended Complaint With Jury Demand Endorsed Hereon filed by Daniel Benjamin. (Mahoney, Bryan)
|
|
Filing 22
ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 12/11/2019. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing 21
AMENDED COMPLAINT Second against All Defendants, filed by Leslie Sizemore. (Magenheim, Alissa)
|
|
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/12/2019; Bryan Mahoney and Alissa Magenheim appeared for plaintiff; Ian smith and Gary Winters appeared for defendants; plaintiff to make a demand prior to the follow up Status Conference set for 1/27/2020 at 02:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 10/28/19 for conferencing instructions (ba)
|
|
Filing 20
ORDER finding as moot #11 Motion to Dismiss; granting #17 Motion to Amend/Correct Complaint; the amended complaint shall be filed electronically within 7 days of the entry of this Order. Signed by Judge Michael R. Barrett on 11/7/19. (ba)
|
|
Filing 19
RESPONSE to Motion re #17 First MOTION to Amend/Correct Complaint Response to Plaintiff's Motion for Leave to Amend Complaint filed by Defendants Amy Ashcraft, Beth Banjamin, Edgewood Board of Education, Edgewood City Schools, Gary Gabbard, David Slamer, Jim Wirley, Tom York. (Smith, Ian)
|
|
Filing 18
RESPONSE in Opposition re #11 MOTION to Dismiss Defendants' Partial Motion to Dismiss Plaintiff's Complaint filed by Plaintiff Leslie Sizemore. (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Fax Confirmation of Charge filing, #3 Exhibit 3 - NORTS Letter) (Magenheim, Alissa)
|
|
Filing 17
First MOTION to Amend/Correct Complaint by Plaintiff Leslie Sizemore. (Attachments: #1 Exhibit Proposed 2nd Amended Complaint, #2 Text of Proposed Order) (Magenheim, Alissa)
|
|
Filing 16
CALENDAR ORDER: Motions to Amend due by 2/14/2020. Motions directed to pleadings due by 3/13/2020. Status Conference set for 11/12/2019 at 01:30 PM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 4/30/2020. Defendant Primary Expert due by 6/30/2020. Disclosure of Non-Expert (Fact) Witness due by 2/18/2020. Rebuttal Expert due by 7/31/2020. Discovery due by 2/19/2021. Dispositive motions due by 3/19/2021. Settlement Conference set for 5/5/2021 at 01:30 PM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 8/27/2021 at 02:00 PM in Chambers before Judge Michael R. Barrett. Jury trial 10/2021. Signed by Judge Michael R. Barrett on 10/28/19. (ba)
|
|
Filing 15
RULE 26(f) REPORT JOINT DISCOVERY PLAN by Plaintiff Leslie Sizemore. (Magenheim, Alissa)
|
|
Filing 14
ORDER granting #13 Motion for Extension of Time to File Response/Reply re #11 MOTION to Dismiss Defendants' Partial Motion to Dismiss Plaintiff's Complaint; Responses due by 10/28/2019. Discovery deadline 10/28/19. Signed by Judge Michael R. Barrett on 10/7/19. (ba)
|
|
Set/Reset Deadlines: Discovery due by 10/28/2019. (ba)
|
|
Filing 13
Unopposed MOTION for Extension of Time to File Response/Reply New date requested 10/28/2019. by Plaintiff Leslie Sizemore. (Attachments: #1 Text of Proposed Order) (Magenheim, Alissa)
|
|
NOTICE of Deadline: Rule 26(f) Report due by 10/9/2019. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (ba)
|
|
Filing 12
Corporate Disclosure Statement by Defendant Edgewood Board of Education. (Smith, Ian)
|
|
Filing 11
MOTION to Dismiss Defendants' Partial Motion to Dismiss Plaintiff's Complaint by Defendants Amy Ashcraft, Beth Banjamin, Edgewood Board of Education, Edgewood City Schools, Gary Gabbard, David Slamer, Jim Wirley, Tom York. (Attachments: #1 Affidavit of R. Gary Winters) (Smith, Ian)
|
|
Filing 10
NOTICE of Appearance by Ralph Gary Winters for Defendants Amy Ashcraft, Beth Banjamin, Edgewood Board of Education, Edgewood City Schools, Gary Gabbard, David Slamer, Jim Wirley, Tom York (Winters, Ralph)
|
|
Filing 9
NOTICE of Appearance by Ian R. Smith for Defendants Amy Ashcraft, Beth Banjamin, Edgewood Board of Education, Edgewood City Schools, Gary Gabbard, David Slamer, Jim Wirley, Tom York (Smith, Ian)
|
|
Filing 8
ANSWER to #2 Amended Complaint, with Jury Demand filed by Daniel Benjamin. (Mahoney, Bryan)
|
| Filing 7 SUMMONS Returned Executed as to Defendant Daniel Benjamin. Daniel Benjamin served on 8/6/2019, answer due 8/27/2019. (Magenheim, Alissa) |
| Notice of Correction re: #6 Affidavit of Service, This document was filed incorrectly. Counsel is directed to re-file using Civil Events Initial Pleadings and Service Service of ProcessSummons Returned Executed. Clerk restricted entry to court users only. (jlw) |
| Filing 6 *DISREGARD THIS ENTRY, IT WAS FILED INCORRECTLY* AFFIDAVIT of Service for Complaint and Amended Complaint served on Daniel Benjamin on August 6, 2019, filed by Plaintiff Leslie Sizemore. (Magenheim, Alissa) Modified to restrict to court users only on 8/15/2019 (jlw). |
| Filing 5 WAIVER OF SERVICE Returned Executed. Waiver sent to Amy Ashcraft on 7/17/2019, answer due 9/16/2019; Beth Banjamin on 7/17/2019, answer due 9/16/2019; Edgewood Board of Education on 7/17/2019, answer due 9/16/2019; Edgewood City Schools on 7/17/2019, answer due 9/16/2019; Gary Gabbard on 7/17/2019, answer due 9/16/2019; David Slamer on 7/17/2019, answer due 9/16/2019; Jim Wirley on 7/17/2019, answer due 9/16/2019; Tom York on 7/17/2019, answer due 9/16/2019. (Magenheim, Alissa) |
| Notice of Correction re: #4 Request for Waiver of Service, Disregard this entry, it was filed in error. Counsel was notified and will re-file as waivers returned executed. (jlw) |
| Filing 4 *DISREGARD THIS ENTRY IT WAS FILED IN ERROR* REQUEST FOR WAIVER of Service sent to David Slamer, Edgewood Board of Education, Amy Ashcraft, James Wirtley, Beth Benjamin, Edgewood City Schools, Tom York, Gary Gabbard on 07-17-2019 by Plaintiff Leslie Sizemore. Waiver of Service due by 9/13/2019. (Magenheim, Alissa) Modified to restrict entry to court users only on 7/31/2019 (jlw). |
| Filing 3 Summons Issued as to Amy Ashcraft, Beth Banjamin, Daniel Benjamin, Edgewood Board of Education, Gary Gabbard, David Slamer, Jim Wirley, Tom York. (bjc) |
| Filing 2 AMENDED COMPLAINT - FIRST against All Defendants, filed by Leslie Sizemore. (Attachments: #1 Summons Form Edgewood Board of Education, #2 Summons Form Edgewood City Schools, #3 Summons Form Gary Gabbard, #4 Summons Form Jim Wirley, #5 Summons Form Amy Ashcraft, #6 Summons Form Beth Benjamin, #7 Summons Form Tom York, #8 Summons Form David Slamer, #9 Summons Form Daniel Benjamin) (Magenheim, Alissa) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6999084), filed by Leslie Sizemore. (Attachments: #1 Civil Cover Sheet) (Magenheim, Alissa) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
