Brooks et al v. Butler County et al
| Patrick Brooks, Angela Brooks, Connor Webner, Tonja Back, James Back, Michael Tinch, Shannon Tinch, Karen Frank and Bret Frank |
| Butler County, Butler County Board of Zoning Appeals and Alan Daniel |
| CD DG Germantown, LLC |
| 1:2021cv00665 |
| October 15, 2021 |
| US District Court for the Southern District of Ohio |
| Susan J Dlott |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
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Filing 22
ORDER of USCA as to #19 Notice of Appeal, filed by James Back, Tonja Back, Patrick Brooks, Karen Frank, Bret Frank, Shannon Tinch, Michael Tinch, Angela Brooks, Connor Webner: The motion for an injunction pending appeal is DENIED. Note: No Mandate to issue. (er)
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Filing 21
ORDER of USCA as to #19 Notice of Appeal, filed by James Back, Tonja Back, Patrick Brooks, Karen Frank, Bret Frank, Shannon Tinch, Michael Tinch, Angela Brooks, Connor Webner: The motion for an injunction pending appeal is DENIED. Note: No Mandate details noted. (er)
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Filing 20
USCA Case Number 21-4129 for #19 Notice of Appeal filed by James Back, Tonja Back, Patrick Brooks, Karen Frank, Bret Frank, Shannon Tinch, Michael Tinch, Angela Brooks & Connor Webner; case manager Jennifer A. Strobel, 513-564-7019. (er)
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Filing 19
NOTICE OF APPEAL re #18 Order on Motion for Preliminary Injunction ($505 filing fee has been paid, receipt number AOHSDC-8605021) by Plaintiffs James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch, Connor Webner. (Kinsley, Jennifer) Modified to include payment amount on 11/23/2021 (kl).
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Filing 18
ORDER denying #2 Motion for Preliminary Injunction. Signed by Judge Susan J. Dlott on 11/16/2021. (eh)
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Filing 17
REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction as to Defendants Butler County, Butler County BZA, and Alan Daniel filed by Plaintiffs James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch, Connor Webner. (Attachments: #1 Exhibit Exhibit 1 - The Affidavit of Bret Frank, #2 Exhibit Exhibit 2 - Madison Township December, 2020, Meeting Minutes) (Miller-Novak, Matthew)
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Filing 16
REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Intervenor-Defendant CD DG Germantown LLC filed by Plaintiffs James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch, Connor Webner. (Attachments: #1 Exhibit Variance Application, #2 Affidavit Erdman Declaration, #3 Affidavit Frank Affidavit, #4 Affidavit Brooks Declaration, #5 Affidavit Webner Declaration, #6 Exhibit December 16, 2020 Madison Township Trustees Meeting Minutes, #7 Exhibit Deed and Mortgage Records) (Kinsley, Jennifer)
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Filing 15
MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 11/23/2021), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Intervenor Defendant CD DG Germantown, LLC. (Taft, Emily)
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Filing 14
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Intervenor Defendant CD DG Germantown, LLC. (Attachments: #1 Exhibit Affidavit of Andrew Zofkie, #2 Exhibit Declaration of James Fox) (Taft, Emily)
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Filing 13
ORDER granting #12 CD DG Germantown's Motion to Intervene in this action as a defendant. Signed by Judge Susan J. Dlott on 11/2/2021. (wam)
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Filing 12
MOTION to Intervene by Intervenor Defendant CD DG Germantown, LLC. (Attachments: #1 Text of Proposed Order, #2 Proposed Motion to Dismiss, #3 Proposed Response to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction) (Taft, Emily)
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Filing 11
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Butler County, Butler County Board of Zoning Appeals. (Attachments: #1 Exhibit Declaration of James Fox) (Spitzer, Ryan)
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Filing 10
WAIVER OF SERVICE Returned Executed. Waiver sent to Butler County on 10/21/2021, answer due 12/20/2021; Butler County Board of Zoning Appeals on 10/21/2021, answer due 12/20/2021. (Kinsley, Jennifer)
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Filing 9
WAIVER OF SERVICE Returned Executed. Waiver sent to Alan Daniel on 10/21/2021, answer due 12/20/2021. (Kinsley, Jennifer)
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Filing 8
NOTICE of Appearance by Cooper D Bowen for Defendant Alan Daniel (Bowen, Cooper)
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Filing 7
NOTICE of Appearance by Linda L Woeber for Defendant Alan Daniel (Woeber, Linda)
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Filing 6
ORDER granting #2 Motion for TRO in part. Signed by Judge Susan J. Dlott on 10/20/2021. (wam)
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Minute Entry for proceedings held before Judge Susan J. Dlott: Telephonic Status Conference on Motion for TRO held on 10/18/2021. Counsel Jennifer Kinsley and Matthew Miller-Novak present for plaintiffs. Dan Ferguson, Molly Gwin, Ryan Spitzer counsel present for the Butler County defendants. Linda Woeber counsel present for defendant Alan Daniels. Plaintiffs to submit proposed TRO Order. Defendants to file Memorandum in Opposition by November 1. Plaintiffs to file Reply by November 8. All counsel must enter appearances for the record. (Court Reporter: Lisa Conley-Yungblut) (wam) Modified on 10/20/2021 (wam).
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Filing 5
NOTICE of Appearance by Danny Lee Ferguson for Defendants Butler County, Butler County Board of Zoning Appeals (Ferguson, Danny)
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Filing 4
NOTICE of Appearance by Molly R Gwin for Defendants Butler County, Butler County Board of Zoning Appeals (Gwin, Molly)
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If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh)
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Filing 3
NOTICE by Plaintiffs James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch, Connor Webner Civil cover sheet (Kinsley, Jennifer)
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Filing 2
MOTION for Temporary Restraining Order by Plaintiffs James Back, Tonja Back, Angela Brooks, Patrick Brooks, Bret Frank, Karen Frank, Michael Tinch, Shannon Tinch, Connor Webner. (Attachments: #1 Affidavit Affidavit of Bret Frank, #2 Exhibit Ex. 1: Quit Claim Deed and Mortgage, #3 Exhibit Ex. 2: Rural Zoning Commission Meeting Minutes, #4 Exhibit Ex. 3: Rezoning Resolution, #5 Exhibit Ex 4: Variance Application, #6 Exhibit Ex. 5: BZA Meeting Minutes, #7 Exhibit Ex. 6: Journal-News Article) (Kinsley, Jennifer)
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Filing 1
COMPLAINT for Declaratory, Injunctive, and Monetary Relief against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8545320), filed by Michael Tinch, Connor Webner, Shannon Tinch, Bret Frank, Angela Brooks, Karen Frank, Tonja Back, Patrick Brooks, James Back. (Attachments: #1 Exhibit Ex. 1: Quit Claim Deed and Mortgage, #2 Exhibit Ex. 2: Rural Zoning Commission Meeting Minutes, #3 Exhibit Ex. 3: Rezoning Resolution, #4 Exhibit Ex. 4: Variance Application, #5 Exhibit Ex. 5: BZA Meeting Minutes, #6 Exhibit Ex. 6: Journal-News Article) (Kinsley, Jennifer)
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