Sharp et al v. City of Wilmington, Ohio et al
| Jessica Sharp, Logan Sharp, Todd Barstow, Christine Barstow, Jeffrey Borders, Chriselda Shanks, Michael Shanks, Robert Caudill, Mary Caudill, Terri Woodburn, NAPT TIME LLC, Lindsay Crisp, Samara Crisp, Linda Roll and Terri Borders |
| Shirley Orwick, Austin Powell, City of Wilmington, Ohio, City of Wilmington, Ohio City Council and City of Wilmington, Ohio Planning Commission |
| Amazon Data Services, Inc. |
| 1:2026cv00448 |
| May 5, 2026 |
| U.S. District Court for the Southern District of Ohio |
| Jeffery P Hopkins |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on June 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 36 RESPONSE to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss First Amended Complaint, #24 MOTION to Dismiss the First Amended Complaint filed by Plaintiffs Todd Barstow, Christine Barstow, Jeffrey Borders, Terri Borders, Mary Caudill, Robert Caudill, Lindsay Crisp, Samara Crisp, NAPT TIME LLC, Linda Roll, Chriselda Shanks, Michael Shanks, Jessica Sharp, Logan Sharp, Terri Woodburn. (Burleigh, John) |
| Filing 35 REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Hearing filed by Plaintiffs Todd Barstow, Christine Barstow, Jeffrey Borders, Terri Borders, Mary Caudill, Robert Caudill, Lindsay Crisp, Samara Crisp, NAPT TIME LLC, Linda Roll, Chriselda Shanks, Michael Shanks, Jessica Sharp, Logan Sharp, Terri Woodburn. (Burleigh, John) |
Filing 34
ORDER Resetting Hearing on #5 Motion for Temporary Restraining and Preliminary Injunction:A Motion Hearing is set for 7/7/2026 at 10:00 AM in Courtroom 1, Room 805 - Cincinnati before Judge Jeffery P. Hopkins. Counsel shall arrive no later than 9:30 a.m. Signed by Judge Jeffery P. Hopkins on 6/18/2026. (kmc)
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| Filing 33 NOTICE OF FILING DEPOSITION of Annen Vance by Plaintiffs Todd Barstow, Christine Barstow, Jeffrey Borders, Terri Borders, Mary Caudill, Robert Caudill, Lindsay Crisp, Samara Crisp, NAPT TIME LLC, Linda Roll, Chriselda Shanks, Michael Shanks, Jessica Sharp, Logan Sharp, Terri Woodburn. (Burleigh, John) |
| Filing 32 NOTICE OF FILING DEPOSITION of Samantha Ison by Plaintiffs Todd Barstow, Christine Barstow, Jeffrey Borders, Terri Borders, Mary Caudill, Robert Caudill, Lindsay Crisp, Samara Crisp, NAPT TIME LLC, Linda Roll, Chriselda Shanks, Michael Shanks, Jessica Sharp, Logan Sharp, Terri Woodburn. (Burleigh, John) |
| Filing 31 NOTICE OF FILING DEPOSITION of Michael Crowe by Plaintiffs Todd Barstow, Christine Barstow, Jeffrey Borders, Terri Borders, Mary Caudill, Robert Caudill, Lindsay Crisp, Samara Crisp, NAPT TIME LLC, Linda Roll, Chriselda Shanks, Michael Shanks, Jessica Sharp, Logan Sharp, Terri Woodburn. (Burleigh, John) |
| NOTICE of Deadlines: Plaintiffs have requested an extension of time to file a reply memorandum in support of the Motion for Preliminary Injunction (Doc. 5), and a response to the Wilmington Defendants' Brief (Doc. 30). The request is granted. Plaintiffs shall have up to and including 6/18/2026 to file their responsive pleadings. (kmc) |
| NOTICE TERMINATING HEARINGS: At request of Counsel for the Wilmington Defendants, for good cause shown and absent any objections, the Court hereby VACATES the Hearing on Motion for Preliminary Injunction scheduled to commence on 6/16/2026. This matter will be reset via separate notice. (kmc) |
| Filing 30 TRIAL BRIEF by Defendants City of Wilmington, Ohio, City of Wilmington, Ohio City Council, City of Wilmington, Ohio Planning Commission, Shirley Orwick, Austin Powell. (Frick, Dawn) |
| Filing 29 Exhibit List Joint Exhibits by Defendants City of Wilmington, Ohio, City of Wilmington, Ohio City Council, City of Wilmington, Ohio Planning Commission, Shirley Orwick, Austin Powell.. (Frick, Dawn) |
| Filing 28 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Hearing filed by Intervenor Defendant Amazon Data Services, Inc.. (Glassman, Benjamin) |
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NOTATION ORDER granting #27 Motion for Leave to Appear Pro Hac Vice of Emily A. Rose. Co-counsel is directed to apply for Pro Hac Vice filing rights through PACER if they have not done so already. Signed by Magistrate Judge Stephanie K. Bowman on 06/11/2026. (bjc)
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-11082642) of Emily A. Rose by Intervenor Defendant Amazon Data Services, Inc.. (Attachments: #1 Certificate of Good Standing) (Glassman, Benjamin) |
| Filing 26 Witness List by Plaintiff Jessica Sharp. (Burleigh, John) |
| Filing 25 Witness List by Defendants City of Wilmington, Ohio, City of Wilmington, Ohio City Council, City of Wilmington, Ohio Planning Commission, Shirley Orwick, Austin Powell. (Frick, Dawn) |
| Filing 24 MOTION to Dismiss the First Amended Complaint by Intervenor Defendant Amazon Data Services, Inc.. (Glassman, Benjamin) |
| Filing 23 Witness List by Intervenor Defendant Amazon Data Services, Inc.. (Glassman, Benjamin) |
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Filing 22
ORDER - Amazons Motion to Intervene (Doc. #13 ) is GRANTED. Amazon is ORDERED to comply with the deadlines set forth in this Courts Order Setting Hearing (Doc. #11 ). No extensions will be permitted. Amazon is further ORDEREDto file its responsive pleading under Fed. R. Civ. P. 24(c) (attached as an exhibit to its Reply (Doc. 21-1)), along with any response to Plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. #5 ), no later than Thursday, June 11, 2026. Plaintiffs may file a reply in support of their injunctive relief motion by Monday, June 15, 2026. This case remains set for a hearing on Plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. #5 ) on June 16, 2026, at 10:00 a.m. in Courtroom 7, Room 117. Signed by Judge Jeffery P. Hopkins on 06/09/2026. (bjc)
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| Filing 21 REPLY to Response to Motion re #13 MOTION to Intervene filed by Intervenor Defendant Amazon Data Services, Inc.. (Attachments: #1 Exhibit A- Proposed Motion to Dismiss) (Glassman, Benjamin) |
| Set Deadlines as to #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Hearing. Responses due by 6/11/2026 Replies due by 6/15/2026. (bjc) |
| Filing 20 RESPONSE in Opposition re #13 MOTION to Intervene filed by Plaintiffs Todd Barstow, Christine Barstow, Jeffrey Borders, Terri Borders, Mary Caudill, Robert Caudill, Lindsay Crisp, Samara Crisp, NAPT TIME LLC, Linda Roll, Chriselda Shanks, Michael Shanks, Jessica Sharp, Logan Sharp, Terri Woodburn. (Burleigh, John) |
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NOTATION ORDER granting #18 Motion for Leave to Appear Pro Hac Vice of Mark D. Hopson. Co-counsel is directed to apply for Pro Hac Vice filing rights through PACER if they have not done so already. Signed by Magistrate Judge Stephanie K. Bowman on 06/05/2026. (bjc)
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| Filing 19 RESPONSE to Motion re #13 MOTION to Intervene filed by Defendants City of Wilmington, Ohio, City of Wilmington, Ohio City Council, City of Wilmington, Ohio Planning Commission, Shirley Orwick, Austin Powell. (Frick, Dawn) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-11072356) of Mark D. Hopson by Intervenor Defendant Amazon Data Services, Inc.. (Attachments: #1 Certificate of Good Standing) (Glassman, Benjamin) |
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NOTATION ORDER granting #15 Motion for Leave to Appear Pro Hac Vice of Gordon Dwyer Todd as Co-Counsel; granting #16 Motion for Leave to Appear Pro Hac Vice of Daniel John Hay as Co-Counsel. Co-counsels are directed to apply for Pro Hac Vice filing rights through PACER if they have not done so already. Signed by Magistrate Judge Stephanie K. Bowman on 6/2/2026. (eh)
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| Filing 17 REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Hearing filed by Plaintiffs Todd Barstow, Christine Barstow, Jeffrey Borders, Terri Borders, Mary Caudill, Robert Caudill, Lindsay Crisp, Samara Crisp, NAPT TIME LLC, Linda Roll, Chriselda Shanks, Michael Shanks, Jessica Sharp, Logan Sharp, Terri Woodburn. (Burleigh, John) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-11058211) of Daniel John Hay by Intervenor Defendant Amazon Data Services, Inc.. (Attachments: #1 Certificate of Good Standing) (Glassman, Benjamin) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-11058193) of Gordon Dwyer Todd by Intervenor Defendant Amazon Data Services, Inc.. (Attachments: #1 Certificate of Good Standing) (Glassman, Benjamin) |
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NOTATION ORDER granting #14 Unopposed Motion for Expedited Briefing of Amazon Data Services, Inc.'s Motion to Intervene. Plaintiffs' response due June 5, 2026. Amazon's reply due June 9, 2026. SO ORDERED by Judge Jeffery P. Hopkins on 5/26/2026. (mr)
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| Filing 14 Unopposed MOTION to Expedite Briefing Regarding Intervention by Intervenor Defendant Amazon Data Services, Inc.. (Glassman, Benjamin) |
| Filing 13 MOTION to Intervene by Intervenor Defendant Amazon Data Services, Inc.. (Glassman, Benjamin) |
| Filing 12 NOTICE of Appearance by Benjamin C Glassman for Intervenor Defendant Amazon Data Services, Inc. (Glassman, Benjamin) |
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Filing 11
ORDER Setting Hearing on #5 Motion for Temporary Restraining Order and Preliminary Injunction: Motion Hearing is set for 6/16/2026 at 10:00 AM in Courtroom 7, Room 117 - Cincinnati before Judge Jeffery P. Hopkins. Counsel shall arrive no later than 9:30 a.m. Signed by Judge Jeffery P. Hopkins on 5/18/2026. (kmc)
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| Minute Entry and Notation Order for proceedings held before Judge Jeffery P. Hopkins: Telephone Status Conference re: #5 Motion for Temporary Restraining Order/ Motion for Preliminary Injunction held on 5/18/2026. Attorney Appearances: Attorneys John P. Burleigh and Sean S. Suder appeared on behalf of the Plaintiffs; Attorneys Dawn M. Frick, Christopher T. Herman, and Bradley J. Dick appeared on behalf of the Defendants. Case matters discussed. Defense counsel advised of Amazon's intention to intervene, which was met with skepticism by the Court. Upon agreement of the parties, the motion hearing set for May 20, 2026 is VACATED, and will be RESET for June 16, 2026. The parties agree that the City of Wilmington, Ohio Planning Commission shall not meet to consider or approve, for informational purposes or otherwise, any site plan for a proposed data center until further order of this Court. The Court will issue a scheduling order setting this matter for a hearing on the Motion for Temporary Restraining Order/Preliminary Injunction. For the reasons discussed on the record, the Court hereby finds that #7 Defendants' Motion for Expedited Discovery is moot. SO ORDERED. (Court Reporter: Linda Mullen) (kmc) |
| Filing 10 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Hearing filed by Defendants City of Wilmington, Ohio, City of Wilmington, Ohio City Council, City of Wilmington, Ohio Planning Commission, Shirley Orwick, Austin Powell. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G) (Frick, Dawn) |
| Filing 9 ANSWER to #4 Amended Complaint, filed by City of Wilmington, Ohio. (Frick, Dawn) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss First Amended Complaint by Defendants City of Wilmington, Ohio, City of Wilmington, Ohio City Council, City of Wilmington, Ohio Planning Commission, Shirley Orwick, Austin Powell. (Frick, Dawn) |
| Filing 7 MOTION to Expedite Discovery by Defendants City of Wilmington, Ohio, City of Wilmington, Ohio City Council, City of Wilmington, Ohio Planning Commission, Shirley Orwick, Austin Powell. (Attachments: #1 Exhibit A) (Frick, Dawn) |
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NOTATION ORDER granting #6 Motion for Hearing. Pursuant to the Court's Notice entered on May 11, 2026 and the Notice of Hearing entered on May 12, 2026, the Motion is granted and a hearing has been scheduled. Defendant, City of Wilmington, Ohio shall have until close of business 5/15/2026 for which to submit their response to the #5 Motion for Temporary Restraining Order. Signed by Judge Jeffery P. Hopkins on 5/12/2026. (kmc) Modified to add expedited briefing schedule on 5/12/2026 (kmc).
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| ***VACATED*** NOTICE of Hearing on Motion #5 Motion for Temporary Restraining Order/Motion for Preliminary Injunction:A Motion Hearing is set for 5/20/2026 at 09:30 AM in Courtroom 1, Room 805 - Cincinnati before Judge Jeffery P. Hopkins. (kmc) Modified pursuant to 5/18/2026 Minute Entry and Notation Order entered on 5/18/2026. Hearing is being reset via separate notice (kmc). |
| NOTICE: On May 11, 2026, Plaintiffs contacted the Court pursuant to S.D. Ohio Civ. R. 65.1(a). In lieu of an informal preliminary conference, the Court will contact counsel by email to schedule this matter for a hearing. (kmc) |
| Filing 6 MOTION for Hearing re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Hearing by Plaintiffs Todd Barstow, Christine Barstow, Jeffrey Borders, Terri Borders, Mary Caudill, Robert Caudill, Lindsay Crisp, Samara Crisp, NAPT TIME LLC, Linda Roll, Chriselda Shanks, Michael Shanks, Jessica Sharp, Logan Sharp, Terri Woodburn. (Burleigh, John) |
| Filing 5 MOTION for Temporary Restraining Order ( Responses due by 5/27/2026), MOTION for Preliminary Injunction, MOTION for Hearing by Plaintiffs Todd Barstow, Christine Barstow, Jeffrey Borders, Mary Caudill, Robert Caudill, Lindsay Crisp, Samara Crisp, NAPT TIME LLC, Linda Roll, Chriselda Shanks, Michael Shanks, Jessica Sharp, Logan Sharp, Terri Woodburn in the Clinton County Common Pleas Court, Case CVH 26-00088 on 04/30/2026. (bjc) |
| Filing 4 AMENDED COMPLAINT against City of Wilmington, Ohio, City of Wilmington, Ohio City Council, City of Wilmington, Ohio Planning Commission, Shirley Orwick, Austin Powell, filed by NAPT TIME LLC, Michael Shanks, Logan Sharp, Linda Roll, Jessica Sharp, Samara Crisp, Chriselda Shanks, Todd Barstow, Mary Caudill, Lindsay Crisp, Robert Caudill, Christine Barstow, Terri Woodburn, Jeffrey Borders in the Clinton County Common Pleas Court, Case CVH 26-00088 on 04/21/2026. (bjc) |
| Filing 3 COMPLAINT with JURY DEMAND against City of Wilmington, Ohio, City of Wilmington, Ohio Planning Commission, filed by Logan Sharp, Jessica Sharp in the Clinton County Common Pleas Court, Case CVH 26-00088 on 03/25/2026. (bjc) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc) |
| CLERK'S NOTICE: In accordance with Federal Rule of Civil Procedure 73 and 28 U.S.C. 636(c), the parties are notified that if all parties consent, a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. The form may be accessed at the following link: #AO-085. The consent form should be filled out, signed and filed electronically only if all parties wish to consent. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent form unless all parties have signed the consent. (bjc) |
| Filing 2 NOTICE by Defendant Shirley Orwick Notice of Consent to Removal (Attachments: #1 Exhibit Notice of Removal) (Frick, Dawn) |
| Filing 1 NOTICE OF REMOVAL from Clinton County Common Pleas Court, case number CVH 2026-0088 ( Filing fee $ 405 paid - receipt number: AOHSDC-11022072), filed by Shirley Orwick. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Case Designation Form, #4 Entry, #5 Initial Complaint, #6 Journalist Motion, #7 Recusal Entry, #8 Certificate of Assignment, #9 First Amended Complaint, #10 Request for Service of Summons, #11 Summons, #12 Notice of Appearance, #13 Orwick Proof of Service, #14 Plaintiffs' Motion for Evidentiary Hearing, #15 Proof of Service of City Council, #16 Proof of Service of Planning Commission, #17 Proof of Service of City of Wilmington) (Frick, Dawn) |
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