Brown v. O'Connor et al
Plaintiff: Terry Brown
Defendant: Maureen O'Connor, Judge Marilyn Zayas, Judge Beth Myers, Judge Pierre Bergeron, Judge Robert Ruehlman, Former Judge Robert Ruehlman, Judge Christian Jenkins, Joseph Deters, Melissa Powers, Mark Manning, David A. Laing, City of Cincinnati and Hamilton County Ohio
Case Number: 1:2023cv00183
Filed: April 3, 2023
Court: US District Court for the Southern District of Ohio
Presiding Judge: Stephanie K Bowman
Referring Judge: Susan J Dlott
2 Judge: Matthew W McFarland
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 30, 2023 Filing 37 REPLY to Response to Motion re #24 Amended #20 MOTION to Dismiss and Memorandum in Support filed by Defendants Christian Jenkins, Robert Ruehlman. (Upton, Lindsay) Modified docket text on 5/30/2023 (eh).
May 30, 2023 Filing 36 REPLY to Response to Motion re #29 Motion to Strike filed by Plaintiff Terry Brown. (Brown, Terry) Modified to correct link to motion = on 5/30/2023 (eh). Modified to correct link to motion on 5/30/2023 (eh).
May 30, 2023 Filing 35 [FORMER DOC. 35 - PLEASE DISREGARD. FILED IN ERROR.] Supplemental Memorandum Supporting re #24 MOTION to Amend/Correct #20 MOTION to Dismiss and Memorandum in Support filed by Defendants Christian Jenkins, Robert Ruehlman. (Upton, Lindsay) Modified docket text on 5/30/2023 (eh).
May 30, 2023 Notice of Correction: Please disregard [FORMER DOC. 35] Supplemental Memorandum Supporting - filed using and incorrect ECF event. See doc. #37 Reply to Response to Motion for proper filing. (eh)
May 22, 2023 Filing 34 RESPONSE in Opposition re #29 MOTION to Strike #22 First MOTION to Dismiss filed by Defendants City of Cincinnati, David A. Laing, Mark Manning. (Rosales, Heidi)
May 22, 2023 Filing 33 REPLY to Response to Motion re #22 First MOTION to Dismiss filed by Defendants City of Cincinnati, David A. Laing, Mark Manning. (Rosales, Heidi)
May 17, 2023 Filing 32 Reply to #27 in Support of Their Motion to Dismiss by Defendants Pierre Bergeron, Beth Myers, Maureen O'Connor, Marilyn Zayas. (Walton, Michael) Modified text to indicate which document is being replied to on 5/17/2023 (zmc).
May 14, 2023 Filing 31 RESPONSE in Opposition re #20 MOTION to Dismiss by Defendants Defendants Christian Jenkins, Robert Ruehlman filed by Plaintiff Terry Brown. (Brown, Terry) Modified Docket Text to Clarify on 5/15/2023 (km).
May 8, 2023 Filing 30 Supplemental Memorandum Opposing re #28 Response in Opposition to Motion SUPPLEMENTAL OF EVIDENCE RE:(Doc.28) Plaintiff's Opposition & Motion To Strike Defendants The City of Cincinnati And Mark Manning and David Laing's Motion To Dismiss (Doc. 22) by Plaintiff Terry Brown. (Brown, Terry)
May 8, 2023 Filing 29 MOTION to Strike #22 First MOTION to Dismiss (Doc. #28 filed again to capture the motion event) by Plaintiff Terry Brown. (bjc)
May 8, 2023 Filing 28 RESPONSE in Opposition re #22 First MOTION to Dismiss PLF'S OPPOSITION & MOTION TO STRIKE DEFENDANTS CITY OF CINCINNATI- MARK MANNING, DAVID LAING MOTION TO DISMISS (DOC. 22) filed by Plaintiff Terry Brown. (Brown, Terry)
May 3, 2023 Filing 27 RESPONSE in Opposition re #12 MOTION to Dismiss of Defendants Maureen OConnor, Marilyn Zayas, Beth Myers, and Pierre Bergeron Plf's Opposition To Doc 12 filed by Plaintiff Terry Brown. (Brown, Terry)
May 1, 2023 Opinion or Order Filing 26 ORDER granting #3 Plaintiff's Motion to Access CM/ECF Electronic Online Filing System. This authorization is limited to electronic filings made in this case only. Plaintiff shall ensure that he complies with all provisions of this Courts Electronic Filing Policies and Procedures Manual, which is available on the Courts website, www.ohsd.uscourts.gov. Failure to do so will result in a revocation of this Order. Additionally, to ensure that Plaintiff has the ability to receive electronic service of filings, he shall establish an account with Public Access to Court Electronic Records (PACER). Signed by Magistrate Judge Stephanie K. Bowman on 5/1/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 28, 2023 Opinion or Order NOTATION ORDER finding as moot #24 Defendants Christian Jenkins and Robert Ruehlman's Motion to Amend #20 Motion to Dismiss. DOCUMENT CORRECTLY REFILED AS DOC. #25 TO COMPLY WITH THE CLERK'S NOTICE OF NON-COMPLIANCE LOCAL RULE 5.1(c). Signed by Magistrate Judge Stephanie K. Bowman on 4/28/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 27, 2023 Filing 25 AMENDED DOCUMENT re #20 by Defendants Christian Jenkins, Robert Ruehlman. . (Attachments: #1 Exhibit Docket, #2 Exhibit Opinion, #3 Exhibit Entry, #4 Exhibit Docket, #5 Exhibit Entry, #6 Exhibit Entry and Decision) (Upton, Lindsay) Modified Docket Text on 4/28/2023 (km).
April 27, 2023 Filing 24 MOTION to Amend/Correct #20 MOTION to Dismiss and Memorandum in Support by Defendants Christian Jenkins, Robert Ruehlman. (Attachments: #1 Exhibit Docket, #2 Exhibit Opinion, #3 Exhibit Entry, #4 Exhibit Docket, #5 Exhibit Entry, #6 Exhibit Entry and Decision) (Upton, Lindsay)
April 27, 2023 Filing 23 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #20 MOTION to Dismiss filed by Christian Jenkins, Robert Ruehlman., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #20 MOTION to Dismiss filed by Christian Jenkins, Robert Ruehlman. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 4/28/2023. (bjc)
April 26, 2023 Filing 22 First MOTION to Dismiss by Defendants City of Cincinnati, David A. Laing, Mark Manning. (Rosales, Heidi)
April 26, 2023 Filing 21 NOTICE of Appearance by Lindsay M. Upton for Defendants Christian Jenkins, Robert Ruehlman (Upton, Lindsay)
April 26, 2023 Filing 20 MOTION to Dismiss by Defendants Christian Jenkins, Robert Ruehlman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Upton, Lindsay)
April 26, 2023 Filing 19 NOTICE of Appearance by Zachary Kyle Garrison for Defendants Christian Jenkins, Robert Ruehlman, Robert Ruehlman (Garrison, Zachary)
April 26, 2023 Filing 18 NOTICE of Appearance by Pamela J Sears for Defendants Christian Jenkins, Robert Ruehlman, Robert Ruehlman (Sears, Pamela)
April 26, 2023 Filing 17 Reply to MJ Bowman's #13 Order by Plaintiff Terry Brown. (kh)
April 25, 2023 Filing 16 ANSWER to #1 Complaint, with Jury Demand filed by Joseph Deters, Hamilton County Ohio, Melissa Powers. (Sears, Pamela)
April 25, 2023 Filing 15 NOTICE of Appearance by Pamela J Sears for Defendants Joseph Deters, Hamilton County Ohio, Melissa Powers (Sears, Pamela)
April 25, 2023 Filing 14 NOTICE of Appearance by Zachary Kyle Garrison for Defendants Joseph Deters, Hamilton County Ohio, Melissa Powers (Garrison, Zachary)
April 25, 2023 Opinion or Order Filing 13 ORDER re: #3 Plaintiff's Motion to Access CM/ECF Electronic Online Filing System. Having reviewed this matter, the Court finds that additional information must be provided by the Plaintiff before the Court can fully determine that Plaintiff meets all necessary software and hardware requirements to utilize the Court's electronic filing system. Accordingly, it is hereby ORDERED that Plaintiff, within 14 days of the date of this Order, file a notice with the Court in support of the instant motion, providing the following information: (1) That Plaintiff has a valid email address that can receive notifications from the Court and notices from the efiling system on a daily basis; (2) That Plaintiff has a personal computer with internet access;(3) That Plaintiff has a scanner to convert documents that are not in his word processing system; (4) That Plaintiff has a.pdf reader and a.pdf writer to convert word processing documents into.pdf format, the only electronic format in which documents can be filed; (5) That Plaintiff has a printer or copier to create required paper copies, such as chambers copies; and (6) That Plaintiff has a PACER account. Plaintiffs motion shall be held in abeyance until such time as the aforementioned information is provided to the Court. If Plaintiff fails to provide this information, Plaintiffs motion will be denied, without prejudice to refiling. Response to Order due by 5/9/2023. Signed by Magistrate Judge Stephanie K. Bowman on 4/25/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 24, 2023 Filing 12 MOTION to Dismiss of Defendants Maureen OConnor, Marilyn Zayas, Beth Myers, and Pierre Bergeron by Defendants Pierre Bergeron, Beth Myers, Maureen O'Connor, Marilyn Zayas. (Walton, Michael)
April 14, 2023 Filing 11 SUMMONS Returned Executed as to Defendants Pierre Bergeron, Joseph Deters, Christian Jenkins, David A. Laing, Mark Manning, Beth Myers, Melissa Powers, Robert Ruehlman, Robert Ruehlman, Marilyn Zayas. Pierre Bergeron served on 4/5/2023, answer due 4/26/2023; Joseph Deters served on 4/5/2023, answer due 4/26/2023; Christian Jenkins served on 4/5/2023, answer due 4/26/2023; David A. Laing served on 4/5/2023, answer due 4/26/2023; Mark Manning served on 4/5/2023, answer due 4/26/2023; Beth Myers served on 4/5/2023, answer due 4/26/2023; Melissa Powers served on 4/5/2023, answer due 4/26/2023; Robert Ruehlman(Hamilton County Common Pleas Court) served on 4/5/2023, answer due 4/26/2023; Robert Ruehlman served on 4/7/2023, answer due 4/28/2023; Marilyn Zayas served on 4/5/2023, answer due 4/26/2023. (Attachments: #1 USPS Tracking) (kh)
April 13, 2023 Filing 10 NOTICE of Appearance by Phillip Thomas Kelly for Defendants Pierre Bergeron, Beth Myers, Maureen O'Connor, Marilyn Zayas (Kelly, Phillip)
April 13, 2023 Filing 9 NOTICE of Appearance by Michael Allan Walton for Defendants Pierre Bergeron, Beth Myers, Maureen O'Connor, Marilyn Zayas (Walton, Michael)
April 10, 2023 Opinion or Order Filing 8 GENERAL ORDER OF REFERENCE. Signed by Judge Susan J. Dlott on 4/10/2023. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 5, 2023 Opinion or Order Filing 7 RELATED CASE MEMORANDUM ORDER: The Judges agree that case numbers 1:23-cv-183 and 1:19-cv-969 are NOT related and that the subject case should remain with the Judge to whom it is assigned. Signed by Judge Susan J. Dlott and Judge Michael R. Barrett on 4/5/2023. (kh) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 4, 2023 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case reassigned to Judge Susan J. Dlott for all further proceedings. Judge Matthew W. McFarland no longer assigned to case. Signed by Judge Matthew W. McFarland on 04/04/2023. (kaf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 3, 2023 Filing 4 CERTIFICATE of Mailing: Certified mailing of Summons and Complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: #1 Certified Mail Receipts) (kh)
April 3, 2023 Filing 3 MOTION to Access CM/ECF Electronic Online Filing System by Plaintiff Terry Brown. (kh)
April 3, 2023 Filing 2 Summons Issued as to Pierre Bergeron, Joseph Deters, Christian Jenkins, David A. Laing, Mark Manning, Beth Myers, Maureen O'Connor, Melissa Powers, Robert Ruehlman (Hamilton County Common Pleas Court), Robert Ruehlman, Marilyn Zayas. (kh)
April 3, 2023 Filing 1 COMPLAINT with JURY DEMAND against Pierre Bergeron, Joseph Deters, Christian Jenkins, David A. Laing, Mark Manning, Beth Myers, Maureen O'Connor, Melissa Powers, Robert Ruehlman(Hamilton County Common Pleas Court), Robert Ruehlman, Marilyn Zayas, filed by Terry Brown. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt) (kh)
April 3, 2023 Filing fee: $ 402.00, receipt number 100001595. (kh)

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Plaintiff: Terry Brown
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Defendant: Maureen O'Connor
Represented By: Michael Allan Walton
Represented By: Phillip Thomas Kelly
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Defendant: Judge Marilyn Zayas
Represented By: Phillip Thomas Kelly
Represented By: Michael Allan Walton
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Defendant: Judge Beth Myers
Represented By: Michael Allan Walton
Represented By: Phillip Thomas Kelly
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Defendant: Judge Pierre Bergeron
Represented By: Michael Allan Walton
Represented By: Phillip Thomas Kelly
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Defendant: Judge Robert Ruehlman
Represented By: Lindsay M. Upton
Represented By: Pamela J Sears
Represented By: Zachary Kyle Garrison
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Defendant: Former Judge Robert Ruehlman
Represented By: Pamela J Sears
Represented By: Zachary Kyle Garrison
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Defendant: Judge Christian Jenkins
Represented By: Lindsay M. Upton
Represented By: Pamela J Sears
Represented By: Zachary Kyle Garrison
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Defendant: Joseph Deters
Represented By: Pamela J Sears
Represented By: Zachary Kyle Garrison
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Defendant: Melissa Powers
Represented By: Pamela J Sears
Represented By: Zachary Kyle Garrison
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Defendant: Mark Manning
Represented By: Heidi Selden Rosales
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Defendant: David A. Laing
Represented By: Heidi Selden Rosales
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Defendant: City of Cincinnati
Represented By: Heidi Selden Rosales
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Defendant: Hamilton County Ohio
Represented By: Pamela J Sears
Represented By: Zachary Kyle Garrison
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