Burgess v. Southeastern Ohio Regional Jail et al
| Burgess and Lorenzo Dean'Dre Burgess |
| Southeastern Ohio Regional Jail, State of Ohio, Warden Jeremy Tolson, Jeremy Berwanger, John Bateman, Richard Losey, Robert Woodgeard, John/Jane Doe #2, John/Jane Doe #3, John/Jane Doe #4, John/Jane Doe #5, John/Jane Doe #6 and John/Jane Doe #1 |
| 2:2016cv00903 |
| September 20, 2016 |
| U.S. District Court for the Southern District of Ohio |
| Columbus Office |
| ATHENS |
| Kimberly A Jolson |
| George C Smith |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 70 STIPULATION of Dismissal WITH PREJUDICE AS TO ALL DEFENDANTS by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
Filing 69
ORDER granting #68 Motion to Dismiss Defendants: Jeremy Tolson, Jeremy Berwanger, and John Bateman terminated. Signed by Magistrate Judge Kimberly A. Jolson on 10/12/2018. (ew)
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| Filing 68 Unopposed MOTION to Dismiss DEFENDANTS JEREMY TOLSON, JEREMY BERWANGER AND JOHN BATEMAN, WITHOUT PREJUDICE, PURSUANT TO CIV.R. 21 by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
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Filing 67
ORDER STAYING CASE for 45 days, denying as moot without prejudice #66 Motion for Order Requiring Ohio Department of Rehabilitation and Corrections to Disclose the Address and Phone Number of Gerald D. Rutter. Joint Status Report re mediation outcome due via email by 8/24/2018. Signed by Magistrate Judge Kimberly A. Jolson on 7/11/2018. (ew)
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| Filing 66 MOTION for Disclosure FOR ORDER REQUIRING OHIO DEPARTMENT OF REHABILITATION AND CORRECTIONS TO DISCLOSE THE ADDRESS AND PHONE NUMBER OF GERALD D. RUTTER by Plaintiff Lorenzo Dean'Dre Burgess. (Attachments: #1 Exhibit Offender Details, #2 Exhibit Email stating no objection from opposing counsel) (Malek, Nader) |
| Filing 65 MOTION to Dismiss DEFENDANT LOSEY, WITHOUT PREJUDICE, PURSUANT TO CIV.R. 21 by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
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Filing 64
ORDER - Granting #63 Motion for Extension of Time filed by Lorenzo Dean'Dre Burgess. Discovery due by 7/30/2018. Dispositive motions due by 11/5/2018. Primary Expert due by 8/3/2018. Rebuttal Expert due by 9/14/2018. Settlement week ready by December, 2018. Signed by Magistrate Judge Kimberly A. Jolson on June 5, 2018. (jlk)
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| Filing 63 Joint MOTION for Extension of Time New date requested 9/4/2018. OF ALL DATES by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
| Set/Reset Columbus PPTO Deadlines: Settlement Week 9/2018. (jr) |
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Filing 62
ORDER: This case has been previously identified as ready for mediation during the Court's March Settlement Week. Counsel are ORDERED to confer re the readiness of their case for Settlement Week and contact Courtroom Deputy Jessica Rector by 2/12/2018 to adviser her if the case should not be set. Signed by Magistrate Judge Kimberly A. Jolson on 2/6/2018. (ew)
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Filing 61
ORDER granting in part #60 Motion for Extension of Time: Discovery due by 5/29/2018, Primary Expert due by 6/4/2018, Rebuttal Expert due by 7/16/2018, Dispositive Motions due by 9/4/2018, Settlement Demand due by 4/3/2018, Response to Settlement Demand due by 4/23/2018. This case is referred to the September 2018 SETTLEMENT WEEK. Signed by Magistrate Judge Kimberly A. Jolson on 2/1/2018. (ew) Modified text on 2/1/2018 (ew).
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| Filing 60 Joint MOTION for Extension of Time New date requested 6/30/2018. Joint Motion for Extension of All Dates by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
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Filing 59
ORDER: The Court finds the parties in this action are entitled to Richard E. Loseys ODRC institutional file as outlined. Signed by Magistrate Judge Kimberly A. Jolson on 1/17/2018. (ew)
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Filing 58
ORDER: The Court finds the parties in this action are entitled to Robert S. Woodgeards ODRC institutional file as outlined. Signed by Magistrate Judge Kimberly A. Jolson on 1/17/2018. (ew)
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| Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 1/8/2018. (jr) |
| Filing 57 NOTICE by Plaintiff Lorenzo Dean'Dre Burgess of Proof of Service of Subpoena on ODRC (Malek, Nader) |
| NOTICE of Hearing: Telephonic Status Conference set for 1/8/2018 01:00 PM before Magistrate Judge Kimberly A. Jolson. Counsel are directed to join together on one line and call the Court. (jr) |
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Filing 56
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 12/22/2017. (ew)
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| Filing 55 Joint MOTION for Protective Order Stipulated by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
| Filing 54 NOTICE by Plaintiff Lorenzo Dean'Dre Burgess Notice of Withdrawal of Co-Counsel Sara Gedeon (Gedeon, Sara) |
| Filing 53 NOTICE by Plaintiff Lorenzo Dean'Dre Burgess Notice of Withdrawal of Co-Counsel David B. Malik (Malik, David) |
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Filing 52
ORDER denying without prejudice #50 Motion for a Stipulated Protective Order. Signed by Magistrate Judge Kimberly A. Jolson on 12/14/2017. (ew)
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| SUMMONS Returned Executed as to Defendant Robert Woodgeard. Robert Woodgeard served on 12/6/2017, answer due 12/27/2017. See Doc. #51 for the document. (daf) |
| Filing 51 AFFIDAVIT of Service for Amended Complaint served on Robert Woodgeard on 12/06/2017, filed by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
| Filing 50 MOTION Joint Motion for Stipulated Protective Order by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
| Filing 49 NOTICE by Plaintiff Lorenzo Dean'Dre Burgess of Proof of Service of Subpoena on Adult Parole Authority (Attachments: #1 Exhibit) (Malek, Nader) |
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Filing 48
ORDER denying #46 , #47 Motions to Withdraw as Attorney. Signed by Magistrate Judge Kimberly A. Jolson on 12/4/2017. (ew)
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| Filing 47 MOTION to Withdraw as Attorney by Plaintiff Lorenzo Dean'Dre Burgess. (Malik, David) |
| Filing 46 MOTION to Withdraw as Attorney by Plaintiff Lorenzo Dean'Dre Burgess. (Gedeon, Sara) |
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Filing 45
ORDER granting in part #44 Motion for Extension of Time: Plaintiff is ORDERED to perfect service or obtain a waiver as to Defendant Woodgeard within 21 days. Signed by Magistrate Judge Kimberly A. Jolson on 11/20/2017. (ew)
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| Filing 44 MOTION for Extension of Time New date requested 1/17/2018. MOTION FOR EXTENSION OF TIME TO COMPLETE SERVICE by Plaintiff Lorenzo Dean'Dre Burgess. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D) (Malek, Nader) |
| Filing 43 ANSWER to #27 Amended Complaint, filed by Richard Losey. (Cooke, Elizabeth) |
| Filing 42 WAIVER OF SERVICE Returned Executed. Waiver sent to Richard Losey on 10/26/2017, answer due 12/26/2017. (Malek, Nader) |
| Filing 41 NOTICE of Appearance by Elizabeth Ilgen Cooke for Defendant Richard Losey (Cooke, Elizabeth) |
| Filing 40 Summons Issued as to Richard Losey. (daf) |
| Filing 39 CERTIFICATE of Mailing by the Clerk: Copy of the Amended Complaint and Issued Summons were sent via certified mail to Robert Woodgeard. (daf) |
| Filing 38 REQUEST for Issuance of Summons. (Attachments: #1 Summons Form) (Malek, Nader) |
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Filing 37
ORDER re #35 Motion for Extension of Time. Plaintiff is allowed an extension of time to perfect service on both Defendants Woodgeard and Losey until 11/20/2017. Signed by Magistrate Judge Kimberly A. Jolson on 10/19/2017. (ew)
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| Filing 36 Summons Issued as to Robert Woodgeard. (ew) |
| Filing 35 MOTION for Extension of Time New date requested 12/19/2017. to Complete Service and Brief in Response to Court Order to Show Cause by Plaintiff Lorenzo Dean'Dre Burgess. (Attachments: #1 Exhibit) (Malek, Nader) |
| Filing 34 REQUEST for Issuance of Summons. (Attachments: #1 Summons Form) (Malek, Nader) |
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Filing 33
ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause within 14 days why this action should not be dismissed for failure to prosecute and why an extension of time to effect service should be allowed. Magistrate Judge grants #32 Joint MOTION for Extension of Time: Discovery due by 2/28/2018. Dispositive motions due by 6/4/2018. Primary Expert due by 3/5/2018. Rebuttal Expert due by 4/16/2018. Plaintiff's Settlement Demand due by 1/3/2018; Defendants' Response due by 1/22/2018. This case is referred to the March 2018 SETTLEMENT WEEK. Signed by Magistrate Judge Kimberly A. Jolson on 10/11/2017. (ew)
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| Filing 32 Joint MOTION for Extension of Time New date requested 2/28/2018. and all dates with proposed Order attached by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
| Filing 31 NOTICE of Appearance by David B Malik for Plaintiff Lorenzo Dean'Dre Burgess (Malik, David) |
| Filing 30 NOTICE of Appearance by Sara Michelle Gedeon for Plaintiff Lorenzo Dean'Dre Burgess (Gedeon, Sara) |
| Set/Reset Columbus PPTO Deadlines: Settlement Week 12/2017. (jr) |
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Filing 29
ORDER: Counsel is ORDERED to confer regarding the readiness of their case for Settlement Week. If all counsel concur that the case is not ready to set, they shall email Courtroom Deputy Jessica Rector by 8/4/2017. Signed by Magistrate Judge Kimberly A. Jolson on 7/27/2017. (ew)
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| Filing 28 ANSWER to #27 Amended Complaint, filed by John Bateman, Jeremy Berwanger, Southeastern Ohio Regional Jail, Jeremy Tolson. (Yosowitz, Andrew) |
| Filing 27 AMENDED COMPLAINT against John Bateman, Jeremy Berwanger, John/Jane Doe #1, John/Jane Doe #2, John/Jane Doe #3, John/Jane Doe #4, John/Jane Doe #5, John/Jane Doe #6, Richard Losey, Southeastern Ohio Regional Jail, Jeremy Tolson, Robert Woodgeard, filed by Lorenzo Dean'Dre Burgess. (agm) |
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Filing 26
ORDER granting #23 Motion for Leave to File Amended Complaint; finding as moot #15 Motion to Dismiss for Failure to State a Claim; finding as moot #25 Motion for Extension of Time. Signed by Judge George C. Smith on 4/21/2017. (agm)
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| Filing 25 MOTION for Extension of Time New date requested 5/8/2017. to Respond to Motion to Dismiss Filed by State of Ohio, MOTION for Extension of Time to File Response/Reply as to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 5/8/2017. ( Responses due by 5/11/2017) by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
| Filing 24 NOTICE by Plaintiff Lorenzo Dean'Dre Burgess re #23 MOTION for Leave to File First Amended Complaint, Instanter of No Opposition to Plaintiff's Motion fof Leave to File the First Amended Complaint, Instanter (Malek, Nader) |
| Filing 23 MOTION for Leave to File First Amended Complaint, Instanter by Plaintiff Lorenzo Dean'Dre Burgess. (Attachments: #1 Exhibit) (Malek, Nader) |
| Filing 22 NOTICE OF DEFICIENCY re #21 Notice of Voluntary Dismissal filed by Lorenzo Dean'Dre Burgess. Signed by Magistrate Judge Kimberly A. Jolson on 4/7/2017. (agm) |
| Filing 21 NOTICE of Voluntary Dismissal by Plaintiff Lorenzo Dean'Dre Burgess (Malek, Nader) |
| Filing 20 NOTICE by Defendants John Bateman, Jeremy Berwanger, Southeastern Ohio Regional Jail, Jeremy Tolson of Additional Counsel (Yosowitz, Andrew) |
| Filing 19 NOTICE by Plaintiff Lorenzo Dean'Dre Burgess of Service of Initial Disclosures (Malek, Nader) |
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Filing 18
PRELIMINARY PRETRIAL ORDER: This case is referred to the September 2017 SETTLEMENT WEEK. Any Motions to Amend or to Join Additional Parties due by 6/30/2017. Rule 26(a)(1) Disclosures due by 3/24/2017. Primary Expert due by 11/3/2017. Rebuttal Expert due by 12/15/2017. Discovery due by 10/31/2017. Dispositive motions due by 2/2/2018. Signed by Magistrate Judge Kimberly A. Jolson on 3/15/17. (sem)
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| Set/Reset Deadlines as to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Plaintiff's Response now due by 4/21/2017 per the 3/15/17 PPTC. (sem) |
| Filing 17 RULE 26(f) REPORT of the parties filed by Plaintiff Lorenzo Dean'Dre Burgess. (Malek, Nader) |
| Filing 16 NOTICE of Appearance by Nicole M. Koppitch for Defendant State of Ohio (Koppitch, Nicole) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant State of Ohio. (Pierce, Sarah) |
| Filing 14 NOTICE of Appearance by Sarah Elaine Pierce for Defendant State of Ohio (Pierce, Sarah) |
| Filing 13 NOTICE of Hearing: Preliminary Pretrial Conference set for 3/15/2017 03:00 PM before Magistrate Judge Kimberly A. Jolson. (Attachments: #1 Rule 26(f) Report) (jr) |
| Filing 12 ANSWER to #1 Complaint with Jury Demand filed by John Bateman, Jeremy Berwanger, Southeastern Ohio Regional Jail, Jeremy Tolson. (Yosowitz, Andrew) |
| Filing 11 WAIVER OF SERVICE Returned Executed. Waiver sent to State of Ohio on 1/6/2017, answer due 3/7/2017. (Malek, Nader) Added text on 1/11/2017 (er). |
| Filing 10 WAIVER OF SERVICE Returned Executed. Waiver sent to State of Ohio on 1/6/2017, answer due 3/7/2017. (Malek, Nader) ***REMOVED by the Clerk, see corrective notice filed on 1/11/2017 (er). |
| Notice of Correction re 10 Waiver of Service Executed: The document entered by counsel belongs to a case out of Northern District of Ohio. Counsel informed the Clerk of error who then immediately filed the correct document- see #11 . (er) |
| Filing 9 NOTICE of Appearance by Mark David Landes for Defendants John Bateman, Jeremy Berwanger, Southeastern Ohio Regional Jail, Jeremy Tolson (Landes, Mark) |
| Filing 8 NOTICE of Appearance by Andrew Neil Yosowitz for Defendants John Bateman, Jeremy Berwanger, Southeastern Ohio Regional Jail, Jeremy Tolson (Yosowitz, Andrew) |
| Filing 7 WAIVER OF SERVICE Returned Executed. Waiver sent to Jeremy Tolson on 12/11/2016, answer due 2/9/2017. (Malek, Nader) Modified date sent and answer due on 1/6/2017 (er). |
| Filing 6 WAIVER OF SERVICE Returned Executed. Waiver sent to Southeastern Ohio Regional Jail on 12/11/2016, answer due 2/9/2017. (Malek, Nader) Modified date sent and answer due on 1/6/2017 (er). |
| Set/Reset Deadlines: Southeastern Ohio Regional Jail answer due 2/9/2017; Jeremy Tolson answer due 2/9/2017. (er) |
| Set/Reset Deadlines: John Bateman answer due 2/9/2017; Jeremy Berwanger answer due 2/9/2017; Robert Woodgeard answer due 2/9/2017. (er) |
| Filing 5 WAIVER OF SERVICE Returned Executed. Waiver sent to John Bateman on 12/11/2016, answer due 2/9/2017. (Malek, Nader) Modified text and answer due date on 1/3/2017 (er). |
| Filing 4 WAIVER OF SERVICE Returned Executed. Waiver sent to Robert Woodgeard on 12/11/2016, answer due 2/9/2017. (Malek, Nader) Modified text and answer due date on 1/3/2017 (er). |
| Filing 3 WAIVER OF SERVICE Returned Executed. Waiver sent to Jeremy Berwanger on 12/11/2016, answer due 2/9/2017. (Malek, Nader) Modified text and modified answer due date on 1/3/2017 (er). |
| Filing 2 NOTICE of Civil Cover Sheet by Plaintiff Lorenzo Dean'Dre Burgess (Malek, Nader) Modified on 9/21/2016 to correct text (kk) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5662901), filed by Lorenzo Dean'Dre Burgess. (Malek, Nader) |
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