Miranda v. Xavier University
| Ximena Miranda |
| Xavier University |
| 1:2020cv00539 |
| July 10, 2020 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| Timothy S Black |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
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Filing 27
Unopposed MOTION for Settlement Preliminary Approval of Class Action Settlement by Plaintiff Ximena Miranda. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Preliminary Approval of Class Action Settlement, #2 Exhibit Class Action Settlement Agreement, #3 Exhibit Declaration of Terence R. Coates in Support of Preliminary Approval of Class Action Settlement, #4 Exhibit Declaration of Cameron R. Azari, Esq. on Notice Plan) (Coates, Terence)
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Filing 26
NOTICE of Appearance by Justin Charles Walker for Plaintiff Ximena Miranda (Walker, Justin)
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Notation Order: This civil action is before the Court on Attorney David Dornette's motion to withdraw as co-counsel for Defendant pursuant to Local Rule 83.4(b). (Doc. #25 ). For good cause shown, the motion is GRANTED. Accordingly, Attorney Dornette shall no longer represent Defendant in this matter. Attorneys Herzig, Sayre, and Akers shall continue to represent Defendant. The Clerk shall update the docket accordingly. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/7/2022. (rrs)
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Filing 25
MOTION to Withdraw as Attorney Motion to Withdraw as Co-Counsel by Defendant Xavier University. (Dornette, David)
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Filing 24
NOTICE of Appearance by Dylan James Gould for Plaintiff Ximena Miranda (Gould, Dylan)
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Filing 23
CALENDAR ORDER. Signed by Judge Timothy S. Black on 5/10/2022. (rrs)
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Minute Entry and Notation Order: This civil action came before the Court for a preliminary pretrial conference by telephone on 05/10/2022 at 10:30 a.m. Terrence Coates and Joseph Lyon appeared for Plaintiff. Aaron Herzig and Medora Akers appeared for Defendant. An agreed calendar order will issue by separate entry. By 5/20/2022, Plaintiff SHALL serve on Defendant an updated settlement demand. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/10/2022. (rrs)
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Filing 22
RULE 26(f) REPORT by Plaintiff Ximena Miranda. (Coates, Terence)
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Filing 21
NOTICE of Appearance by David Paul Dornette for Defendant Xavier University (Dornette, David)
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Notation Order and Notice of Hearing: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 5/10/2022 at 10:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. 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). Counsel shall jointly prepare the Rule 26(f) report using the Court's form. 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/judge-timothy-s-black-standing-orders. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/12/2022. (rrs)
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Filing 20
ANSWER to #11 Amended Complaint filed by Xavier University. (Herzig, Aaron)
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Filing 19
ORDER granting in part and denying in part Defendant's Motion to Dismiss (Docs. #10 , #13 ). Signed by Judge Timothy S. Black on 3/28/2022. (rrs)
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Filing 18
NOTICE by Plaintiff Ximena Miranda of Withdrawal of Counsel - Zachary Schaengold (Markovits, Wilbert)
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Filing 17
REPLY to Response to Motion re #13 MOTION to Dismiss Plaintiff's Amended Class Action Complaint Xavier University's Reply in Support of its Motion to Dismiss Plaintiff's Amended Class Action Complaint filed by Defendant Xavier University. (Herzig, Aaron)
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Filing 16
MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Plaintiff's Amended Class Action Complaint New date requested 1/8/2021. by Defendant Xavier University. (Attachments: #1 Text of Proposed Order) (Herzig, Aaron)
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Notation Order: This civil action is before the Court on Defendant Xavier University's Unopposed Motion for Extension of Time. (Doc. #16 ). On review, that motion (Doc. #16 ) should be and is hereby GRANTED. Accordingly, Defendant Xavier University shall file any reply in support of its motion to dismiss (Doc. #13 ) on or before 1/8/2021. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 12/16/2020. (rrs)
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Filing 15
RESPONSE in Opposition re #13 MOTION to Dismiss Plaintiff's Amended Class Action Complaint filed by Plaintiff Ximena Miranda. (Coates, Terence)
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Filing 14
Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Plaintiff's Amended Class Action Complaint New date requested 12/11/2020. by Plaintiff Ximena Miranda. (Attachments: #1 Proposed Order) (Coates, Terence)
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Notation Order: This civil action is before the Court on Plaintiff's unopposed motion for an extension of time to respond to Defendant's motion to dismiss. (Doc. #14 ). For good cause shown, that motion (Doc. #14 ) is GRANTED. Plaintiff shall file any response in opposition to the motion to dismiss (Doc. #13 ) on or before 12/11/2020. Defendant shall file any reply in support of the motion to dismiss (Doc. #13 ) in accordance with the Local Rules. See S.D. Ohio Civ. R. 7.2. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/13/2020. (rrs)
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Filing 13
MOTION to Dismiss Plaintiff's Amended Class Action Complaint by Defendant Xavier University. (Attachments: #1 Exhibit A - Nursing Student Handbook, #2 Text of Proposed Order) (Herzig, Aaron)
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Set Deadlines: Xavier University answer due 10/30/2020 per Doc. #12 . (bjc)
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Filing 12
STIPULATION of Extension of Time to Respond to Plaintiff's Amended Complaint by Defendant Xavier University. (Herzig, Aaron)
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Filing 11
AMENDED COMPLAINT against Xavier University, filed by Ximena Miranda. (Markovits, Wilbert)
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Xavier University's Motion to Dismiss Class Action Complaint by Defendant Xavier University. (Attachments: #1 Exhibit A - Undergraduate Nursing Student Handbook) (Herzig, Aaron)
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Filing 9
Corporate Disclosure Statement by Defendant Xavier University. (Herzig, Aaron)
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Filing 8
NOTICE of Appearance by Medora Akers for Defendant Xavier University (Akers, Medora)
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Filing 7
NOTICE of Appearance by Russell S Sayre for Defendant Xavier University (Sayre, Russell)
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Filing 6
NOTICE of Appearance by Aaron Mark Herzig for Defendant Xavier University (Herzig, Aaron)
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Set Deadlines re doc. #5 : Xavier University answer due 9/11/2020. (eh)
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Filing 5
WAIVER OF SERVICE Returned Executed. Waiver sent to Xavier University on 7/13/2020, answer due 9/11/2020. (Attachments: #1 Exhibit 1 - Waiver of Service of Summons) (Schaengold, Zachary) Modified docket text on 8/14/2020 (eh).
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Filing 4
NOTICE of Appearance by Joseph Michael Lyon for Plaintiff Ximena Miranda (Lyon, Joseph)
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If this case is referred, it will be Magistrate Judge Stephanie K. Bowman. (kl)
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Filing 3
NOTICE of Appearance by Zachary C Schaengold for Plaintiff Ximena Miranda (Schaengold, Zachary)
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Filing 2
NOTICE of Appearance by Terence Richard Coates for Plaintiff Ximena Miranda (Coates, Terence)
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Filing 1
COMPLAINT with JURY DEMAND against Xavier University ( Filing fee $ 400 paid - receipt number: 0648-7549872), filed by Ximena Miranda. (Attachments: #1 Civil Cover Sheet) (Markovits, Wilbert)
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