Davis v. Morgan et al
| Marvin T Davis |
| Officer Rachael Ward, Officer Ryan Morgan and City of Middletown Ohio |
| 1:2020cv00168 |
| February 27, 2020 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 14, 2021. A more recent docket listing may be available from PACER.
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| ***Civil Case Terminated. (rrs) |
| Filing 19 STIPULATION of Dismissal Joint Stipulation of Dismissal, with Prejudice by Defendant City of Middletown Ohio. (Shaver, David) |
Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 5/24/2021 at 11:00 a.m. Christopher Pagan appeared on behalf of Plaintiff; David Shaver appeared on behalf of Defendants. The parties provided an update on discovery and settlement negotiations. On or before 7/16/2021, the parties shall provide a joint status report via email (black_chambers@ohsd.uscourts.gov) to Chambers. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/24/2021. (rrs)
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Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 3/22/2021 at 10:00 a.m. Christopher Pagan appeared on behalf of Plaintiff; David Shaver appeared on behalf of Defendants. This civil action is set for another status conference by telephone on 5/24/2021 at 11:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/22/2021. (rrs)
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| Filing 18 Lay Witness List by Defendants City of Middletown Ohio, Ryan Morgan, Rachael Ward. (Shaver, David) Modified docket text on 2/2/2021 (eh). |
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Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 1/25/2021 at 11:30 a.m. Christopher Pagan appeared on behalf of Plaintiff; David Shaver appeared on behalf of Defendants. This civil action is set for another status conference by telephone on 3/22/2021 at 10:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 1/25/2021. (rrs)
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Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 11/23/2020 at 2:30 p.m. Christopher Pagan appeared on behalf of Plaintiff; David Shaver appeared on behalf of Defendants. This civil action is set for another status conference by telephone on 1/25/2021 at 11:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/23/2020. (rrs)
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Filing 17
CALENDAR ORDER: Initial Disclosures due by 9/1/2020. Motions to Amend due by 10/1/2020. Motions directed to pleadings due by 11/1/2020. Status Conference set for 11/23/2020 02:30 PM in Teleconference before Judge Timothy S. Black. Lay Witness due by 2/1/2021. Plaintiff Primary Expert due by 4/1/2021. Defendant Primary Expert due by 5/17/2021. Rebuttal Expert due by 7/1/2021. Discovery due by 8/1/2021. Dispositive motions due by 10/1/2021. Final Pretrial Conference set for 2/21/2022 10:00 AM in Chambers before Judge Timothy S. Black. Jury Trial set for 2/28/2022 09:30 AM in Courtroom 1 - Cincinnati before Judge Timothy S. Black. Signed by Judge Timothy S. Black on 8/26/2020. (rrs)
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| Minute Entry: This civil action came before the Court for a preliminary pretrial conference by telephone on 8/25/2020 at 4:00 p.m. Christopher Pagan appeared on behalf of Plaintiff; David Shaver appeared on behalf of Defendants. A Calendar Order will issue by separate entry. (rrs) |
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Notation Order: The Court, having received notice of a scheduling conflict on the part of counsel for Defendants, hereby CHANGES THE TIME of the 8/25/2020 PPTC by telephone from 2:00 p.m. to 4:00 p.m. On 8/25/2020 at 4:00 p.m., COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/20/2020. (rrs)
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| Filing 16 First MOTION to Continue Preliminary Pretrial by Plaintiff Marvin T Davis. (Pagan, Christopher) |
| Filing 15 RULE 26(f) REPORT by Plaintiff Marvin T Davis. (Pagan, Christopher) |
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Notation Order: This civil action is before the Court on Plaintiff's unopposed Motion to Continue. (Doc. #16 ). For good cause shown, that motion (Doc. #16 ) is hereby GRANTED. Accordingly, the preliminary pretrial conference by telephone previously scheduled for 8/18/2020 is hereby VACATED and RESCHEDULED for 8/25/2020 at 2:00 p.m. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/11/2020. (rrs)
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Notation Order and Notice of Hearing: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 8/18/2020 at 10:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. Before the pretrial conference, counsel shall comply with the MANDATORY pre-preliminary pretrial conference between counsel, as required by Fed. R. Civ. P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found on our website at: https://www.ohsd.uscourts.gov/FPBlack. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/21/2020. (rrs)
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| Filing 14 ANSWER to #1 Complaint filed by City of Middletown Ohio, Ryan Morgan, Rachael Ward. (Shaver, David) |
| Reset Deadlines re doc. #13 : City of Middletown Ohio answer due 6/29/2020; Ryan Morgan answer due 6/29/2020; Rachael Ward answer due 6/29/2020. (eh) |
| Filing 13 STIPULATION for Extension of Time by Defendants City of Middletown Ohio, Ryan Morgan, Rachael Ward. (Turner, Jeffrey) |
| Filing 12 NOTICE of Appearance by David B Shaver for Defendants City of Middletown Ohio, Ryan Morgan, Rachael Ward (Shaver, David) |
| Filing 11 NOTICE of Appearance by Jeffrey Charles Turner for Defendants City of Middletown Ohio, Ryan Morgan, Rachael Ward (Turner, Jeffrey) |
| Reset Deadlines: Ryan Morgan answer due 6/9/2020; Rachael Ward answer due 6/9/2020. (eh) |
| Filing 10 SUMMONS Returned Executed as to Defendant Ryan Morgan. Ryan Morgan served on 5/19/2020, answer due 6/2/2020. (Pagan, Christopher) Modified docket text on 5/29/2020 (eh). |
| Filing 9 SUMMONS Returned Executed as to Defendant Rachael Ward. Rachael Ward served on 5/19/2020, answer due 6/9/2020. (Pagan, Christopher) Modified docket text on 5/29/2020 (eh). |
| Filing 8 SUMMONS Returned Executed as to Defendant City of Middletown Ohio. City of Middletown Ohio served on 5/18/2020, answer due 6/8/2020. (Pagan, Christopher) |
| Filing 7 Summons Issued as to City of Middletown Ohio, Ryan Morgan, Rachael Ward. (eh) |
| Filing 6 REQUEST for Issuance of Summons. City of Middletown (Pagan, Christopher) |
| Filing 5 REQUEST for Issuance of Summons. Rachel Ward (Pagan, Christopher) |
| Filing 4 REQUEST for Issuance of Summons. Ryan Morgan (Pagan, Christopher) |
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Filing 3
ORDER Regarding the Affidavit of Angela K. Popp (Doc. #2 ). Signed by Judge Timothy S. Black on 5/13/2020. (rrs)
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Notation Order: The Court ADVISES Plaintiff that the Praecipe for Service, set forth on the final page of Plaintiff's complaint (the "Complaint") (Doc. #1 ), is not sufficient, in and of itself, to accomplish service under Local Rule 4.2. See S.D. Ohio Civ. R. 4.2 (requiring a party, who seeks to serve a document via Ohio certified mail, to, inter alia, provide the Clerk with a fully addressed envelope and a return receipt card); see also S.D. Ohio Civ. R. 4.1 (regarding the preparation of process). The Court further ADVISES Plaintiff that the Court has not received notice that the summons and Complaint have otherwise been served in accordance with Fed. R. Civ. P. 4. The Court REMINDS Plaintiff that, as the Complaint was filed on 3/2/2020, the summons and Complaint must be served no later than 6/1/2020 to comply with Fed. R. Civ. P. 4(m). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/13/2020. (rrs)
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| Filing 2 AFFIDAVIT re Order,, by Plaintiff Marvin T Davis. (Pagan, Christopher) |
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Notation Order: On 3/2/2020, the Court was advised that due to a potential miscommunication by the Clerk's office to Plaintiff's counsel's paralegal, Plaintiff's case was opened and the filing fee was paid on 2/27/2020, but that Plaintiff's complaint was not filed until 3/2/2020. Accordingly, the Court hereby GRANTS Plaintiff leave, on or before 3/10/2020, to file a sworn affidavit executed by the paralegal who communicated with the Clerk's office, setting forth the sequence of events giving rise to the filing of Plaintiff's complaint. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/4/2020. (rrs)
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| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc) |
| Filing 1 COMPLAINT against All Defendants, filed by Marvin T Davis. (Attachments: #1 Civil Cover Sheet)Recp't number 0648-7356045 (Pagan, Christopher) Modified to add payment details on 3/2/2020 (jlw). |
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