Petrey et al v. City of Wilmington et al
Plaintiff: William Darrell Petrey and Anthony Thomas
Defendant: City of Wilmington, Mark McKay and Ronald Fithen
Interested Party: Dave Yost
Case Number: 1:2023cv00490
Filed: August 1, 2023
Court: US District Court for the Southern District of Ohio
Presiding Judge: Douglas R Cole
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2023 Filing 15 ANSWER to #1 Complaint, filed by City of Wilmington, Ronald Fithen, Mark McKay. (Burns, Justin)
September 22, 2023 Opinion or Order Filing 14 Order Setting Settlement Conference: Settlement Conference set for 11/29/2023 at 10:00 AM in Chambers, Room 706, before Magistrate Judge Stephanie K. Bowman. The parties may agree to virtual mediation by Zoom and must inform the Court of this agreement as soon as possible. If one party desires a virtual mediation but an agreement cannot be reached, the desiring party may file a motion requesting a virtual mediation in whole or in part (i.e., one side in person, other side virtual). Such motion must be filed at least 14 days before the mediation with a response due 3 days thereafter. No reply brief will be permitted. In deciding such a motion, the Court will consider the cost of travel, the approximate value of the case, COVID numbers in Hamilton County as well as in the areas from which those traveling from will be coming, and any other facts relevant to the decision. After a good faith assessment of the value of the case, Plaintiffs shall submit a demand that is less than the full good faith value of the case to Defendants by 10/13/2023. Defendants, after the same good faith assessment, must then respond with an offer that is greater than zero by 11/3/2023. 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 11/20/2023 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 9/22/2023. (km)
September 18, 2023 Opinion or Order Filing 13 Order referring case to Magistrate Judge Stephanie K. Bowman for settlement purposes only. Signed by Judge Douglas R. Cole on 9/18/23. (sct)
August 31, 2023 Reset Deadlines per doc #12 : Ronald Fithen answer due 9/22/2023; Mark McKay answer due 9/22/2023. (kh)
August 30, 2023 Filing 12 STIPULATION Jointly Extending Defendants' Time to Move, Answer, or Otherwise Plead in Response to Plaintiffs' Complaint by Defendants Ronald Fithen, Mark McKay. (Burns, Justin)
August 30, 2023 Filing 11 NOTICE of Appearance by Justin Michael Burns for Defendants Ronald Fithen, Mark McKay (Burns, Justin)
August 21, 2023 Filing 10 STIPULATION for Extension of Time to Answer or Otherwise Plead by Defendant City of Wilmington. (Combs, Eric)
August 21, 2023 Set/Reset Deadlines: City of Wilmington answer due 9/22/2023 per doc #10 . (md)
August 18, 2023 Filing 9 NOTICE of Appearance by Michael Allan Walton for Interested Party Dave Yost (Walton, Michael)
August 14, 2023 Filing 8 SUMMONS Returned Executed as to Defendants City of Wilmington, Ronald Fithen, Mark McKay. All Defendants. (Miller-Novak, Matthew)
August 10, 2023 Notice of Correction: Please disregard [FORMER DOC. 7] Request for Issuance of Summons - filed in error. No further action required. (eh)
August 9, 2023 Filing 7 [FORMER DOC. 7 - PLEASE DISREGARD. FILED IN ERROR].REQUEST for Issuance of Summons. (Attachments: #1 Exhibit 1. Guidelines for Citizen Participation at City Council Meetings, #2 Exhibit 2. Affidavit of Patrick Haley, #3 Exhibit 3. Affidavit of Arrest, #4 Exhibit 4. Dispatch Post) (Miller-Novak, Matthew) Modified docket text and document security on 8/10/2023 (eh).
August 8, 2023 Filing 6 NOTICE of Appearance by Justin Michael Burns for Defendant City of Wilmington (Burns, Justin)
August 8, 2023 Filing 5 NOTICE of Appearance by Keeley Beers Gogul for Defendant City of Wilmington (Gogul, Keeley)
August 8, 2023 Filing 4 NOTICE of Appearance by Eric Kendall Combs for Defendant City of Wilmington (Combs, Eric)
August 8, 2023 Minute Entry for proceedings held before Judge Douglas R. Cole: Informal Preliminary Conference by telephone re #2 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction held on 8/8/23. Matthew Miller-Novak appeared for Plaintiffs; Eric Combs appeared for Defendant City of Wilmington; Defendants Mark McKay and Ronald Fithen did not appear. Plaintiffs' motion was discussed. Mr. Combs advised the Court that he just recently became aware of the lawsuit and motion and requested a few days to discuss the matter with his client. The Court directed the parties to meet and confer and email chambers, by 8/11/23, with a plan for moving the matter forward. (Court Reporter: Sue Lopreato-Official). (sct)
August 1, 2023 Filing 3 Summons Issued as to City of Wilmington, Ronald Fithen, Mark McKay. (kh)
August 1, 2023 Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs William Darrell Petrey, Anthony Thomas. (Attachments: #1 Exhibit 1. Guidelines for Citizen Participation at City Council Meetings, #2 Exhibit 2. Affidavit of Patrick Haley, #3 Exhibit 3. Affidavit of Arrest, #4 Exhibit 4. Dispatch Post) (Miller-Novak, Matthew)
August 1, 2023 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9535807), filed by William Darrell Petrey. (Attachments: #1 Civil Cover Sheet, #2 Notice of Appearance of Counsel, #3 Summons Form, #4 Exhibit 1. Guidelines for Citizen Participation at City Council Meetings, #5 Exhibit 2. Affidavit of Patrick Haley, #6 Exhibit 3. Affidavit of Arrest, #7 Exhibit 4. Dispatch Post) (Miller-Novak, Matthew)
August 1, 2023 If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kh)

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Search for this case: Petrey et al v. City of Wilmington et al
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Plaintiff: William Darrell Petrey
Represented By: Matthew E. Miller-Novak
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Plaintiff: Anthony Thomas
Represented By: Matthew E. Miller-Novak
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Defendant: City of Wilmington
Represented By: Eric Kendall Combs
Represented By: Justin Michael Burns
Represented By: Keeley Beers Gogul
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Defendant: Mark McKay
Represented By: Justin Michael Burns
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Defendant: Ronald Fithen
Represented By: Justin Michael Burns
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Interested party: Dave Yost
Represented By: Michael Allan Walton
Represented By: Phillip Thomas Kelly
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