Arnold Yerkes v. Ohio State Highway Patrol et al
| Stacey Arnold Yerkes |
| Michael Kemmer, Gene Smith, William Stidham, Scott Wyckhouse and Ohio State Highway Patrol |
| 2:2019cv02047 |
| May 20, 2019 |
| U.S. District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Edmund A Sargus |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2024. A more recent docket listing may be available from PACER.
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Filing 176
CLERK'S JUDGMENT. Signed by Deputy Clerk on 8/8/2023. (cmw)
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Filing 175
JURY VERDICT. (cmw)
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Filing 173
Jury Note (cmw)
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Filing 172
Minute Entry for proceedings held before Judge Edmund A. Sargus: Jury Trial day 7 completed on 8/8/2023. Jurors reached a verdict for plaintiff on all counts. (Court Reporter: Allison Kimmel) (cmw)
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Filing 171
Jury Instructions. (cmw)
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Filing 170
Minute Entry for proceedings held before Judge Edmund A. Sargus: Jury Trial Day 6 held on 8/7/2023. (Court Reporter: Allison Kimmel) (cmw)
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Filing 169
Minute Entry for proceedings held before Judge Edmund A. Sargus: Jury Trial day 5 held on 8/4/2023. (Court Reporter: Lahana DuFour) (cmw)
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Filing 168
Minute Entry for proceedings held before Judge Edmund A. Sargus: Jury Trial day 4 held on 8/3/2023. (Court Reporter: Chrystal Hatchett) (cmw)
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Filing 167
Minute Entry for proceedings held before Judge Edmund A. Sargus: Jury Trial Day 3 held on 8/2/2023. (Court Reporter: Chrystal Hatchett) (cmw)
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Filing 166
Minute Entry for proceedings held before Judge Edmund A. Sargus: Jury Trial day 2 held on 8/1/2023. (Court Reporter: Chrystal Hatchett) (cmw)
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Filing 165
Minute Entry for proceedings held before Judge Edmund A. Sargus: Jury Trial day 1 began on 7/31/2023. (Court Reporter: Chrystal Hatchett) (cmw)
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Filing 164
NOTICE by Defendant Ohio State Highway Patrol re #158 Objection (non motion) of Refiled Attachment (Callahan, Rory)
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Filing 163
Objection to the Direct Examination and Redirect Examination of Plaintiff Expert by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 162
DEPOSITION of Stan Smith, Ph.D. (Vol. 2) taken on July 26, 2023 by Defendant Ohio State Highway Patrol. (Attachments: #1 Defendants Exhibit 115, #2 Defendants Exhibit 116, #3 Plaintiff's Exhibit 24) (Callahan, Rory)
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Filing 161
NOTICE OF FILING DEPOSITION of Stan Smith, Ph.D. (Vol. 2) by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 160
OPINION AND ORDER denying ECF No. #150 Defendants Motion in Limine to Exclude Testimony of Plaintiffs Proffered Expert Witness and Testimony Regarding Reports Submitted on July 11, 2023 and July 13, 2023 for Trial Deposition Testimony. Signed by Judge Edmund A. Sargus on 7/28/2023. (cmw)
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Filing 159
OPINION AND ORDER denying ECF No. #149 Plaintiffs Motion for an Adverse Inference. Signed by Judge Edmund A. Sargus on 7/27/2023. (cmw)
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Set/Reset Hearings: Jury Trial days add for statistical purposes only for 7/31/2023 - 8/10/2023.
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Filing 158
Objection to Plaintiffs Cross Examination of Cassandra Brewster by Defendant Ohio State Highway Patrol. (Attachments: #1 Highlighted Objections to Cassandra Brewster's Videotaped Trial Deposition) (Callahan, Rory)
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Filing 157
Objection to Defendant's Direct Examination of Cassandra Brewster in Her Videotaped Trial Deposition by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 156
DEPOSITION of Cassandra Brewster taken on July 20, 2023 by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit - Defendant's #1, #2 Exhibit - Plaintiff's #12, #3 Exhibit - Plaintiff's #13, #4 Exhibit - Plaintiff's #16) (Starling, Jason)
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Filing 155
RESPONSE in Opposition re #149 MOTION for an Adverse Inference for Spoliation of Evidence filed by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 154
Minute Entry for proceedings held before Judge Edmund A. Sargus: Final Pretrial Conference held on 7/21/2023. (Court Reporter: Chrystal Hatchett) (cmw)
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Filing 153
Objection to Defendant's Cross-Examination of Stan V. Smith, Ph.D. in His Videotaped Trial Deposition by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 152
DEPOSITION of Stan V. Smith, Ph.D. taken on 07/14/2023 by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit 24, #2 Errata 25) (Starling, Jason)
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Filing 151
OPINION AND ORDER granting #132 Motion in Limine; granting #133 Motion in Limine; granting #134 Motion in Limine; granting in part and denying in part #136 Motion in Limine; granting in part and denying in part #137 Motion in Limine. Signed by Judge Edmund A. Sargus on 7/20/2023. (cmw)
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Filing 150
MOTION in Limine by Defendant Ohio State Highway Patrol. (Attachments: #1 Exhibit 07-10-23 - Email Proposed Expert Date, #2 Exhibit 07-11-23 Plaintiff Email Supp Expert Report, #3 Exhibit 07-13-23 Plaintiff Email Supp Expert Production, #4 Exhibit Plaintiff Revised Expert Report Dated 07-13-23, #5 Exhibit Email exchange re Expert Deposition) (Callahan, Rory)
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Filing 149
MOTION for an Adverse Inference for Spoliation of Evidence by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 148
Proposed Voir Dire by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 147
Proposed Pretrial Order by Defendant Ohio State Highway Patrol. (Attachments: #1 Exhibit Ex. A - C.V. of Defense Expert, #2 Exhibit Ex. C - Plaintiff Exhibit List, #3 Exhibit Ex. D - Defendant Exhibit List) (Callahan, Rory)
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Filing 146
Proposed Voir Dire by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 145
NOTICE of Hearing: Final Pretrial Conference RESET for 7/21/2023 at 10:00 AM in Chambers before Judge Edmund A. Sargus. (cmw)
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Filing 144
RESPONSE in Opposition re #137 MOTION in Limine to Exclude Dr. Thomas Ireland's Expert Reports and Portions of His Testimony filed by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 143
RESPONSE in Opposition re #132 MOTION in Limine to Exclude Any Argument that the Demotion Offered to Plaintiff as Part of Her Last Chance Agreement Can Offset Her Economic Damages filed by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 142
RESPONSE to Motion re #134 MOTION in Limine to Exclude Any Evidence or Argument on the EEOC's No Probable Cause Determination filed by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 141
RESPONSE to Motion re #133 MOTION in Limine to Exclude Any Evidence or Argument on Dismissed Claims filed by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 140
RESPONSE in Opposition re #136 MOTION in Limine filed by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 139
Objection to Defendant's Jury Instructions, Jury Interrogatories, and Jury Verdict Forms by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 138
Objection to Plaintiff's Proposed Jury Instructions, Jury Interrogatories, and Verdict Form by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 137
MOTION in Limine to Exclude Dr. Thomas Ireland's Expert Reports and Portions of His Testimony by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit 1 - Dr. Ireland's Expert Report, #2 Exhibit 2 - Dr. Smith's Expert Report) (Starling, Jason)
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Filing 136
MOTION in Limine by Defendant Ohio State Highway Patrol. (Attachments: #1 Affidavit Declaration of Thomas Ireland) (Callahan, Rory)
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Filing 135
Joint Proposed Jury Instructions by Defendant Ohio State Highway Patrol. (Callahan, Rory)
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Filing 134
MOTION in Limine to Exclude Any Evidence or Argument on the EEOC's No Probable Cause Determination by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 133
MOTION in Limine to Exclude Any Evidence or Argument on Dismissed Claims by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 132
MOTION in Limine to Exclude Any Argument that the Demotion Offered to Plaintiff as Part of Her Last Chance Agreement Can Offset Her Economic Damages by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 131
NOTICE by Defendant Ohio State Highway Patrol of filing Defendant's Exhibit List (Callahan, Rory)
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Filing 130
NOTICE by Defendant Ohio State Highway Patrol of filing Defendant's Witness List (Callahan, Rory)
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Filing 129
NOTICE by Plaintiff Stacey Arnold Yerkes of Filing Plaintiff's Witness List and Exhibit List (Starling, Jason)
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Filing 128
ORDER memorializing telephone conference held on June 8, 2023. Signed by Judge Edmund A. Sargus on 6/20/2023. (cmw)
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Filing 127
Minute Entry for proceedings held before Judge Edmund A. Sargus: Settlement Conference held on 6/20/2023. (Court Reporter: Chrystal Hatchett) (cmw)
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Filing 126
Minute Entry for proceedings held before Judge Edmund A. Sargus: Telephone Status Conference held on 6/8/2023. (Court Reporter: Chrystal Hatchett) (cmw)
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Filing 125
NOTICE of Hearing: Telephone Status Conference set for 6/8/2023 at 02:00 PM via Teleconference before Judge Edmund A. Sargus. (cmw)
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Filing 124
ORDER SETTING TRIAL DATE AND SETTLEMENT CONFERENCE: Final Pretrial Conference set for 7/21/2023 at 09:00 AM in Chambers before Judge Edmund A. Sargus. Settlement Conference set for 6/20/2023 at 09:30 AM in Chambers before Judge Edmund A. Sargus. Jury Trial set for 7/31/2023 at 09:00 AM in Courtroom 311 - Columbus before Judge Edmund A. Sargus. Motions in Limine due by 7/3/2023. Signed by Judge Edmund A. Sargus on 2/1/2023. (Attachments: #1 FPTO Form) (cmw)
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Filing 123
NOTICE of Appearance by Megan Elizabeth Jewett for Defendant Ohio State Highway Patrol (Jewett, Megan)
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Filing 122
Minute Entry for proceedings held before Judge Edmund A. Sargus: Telephone Status Conference held on 1/31/2023. Trial scheduled for 7/31/2023 at 9:00 a.m. (Court Reporter: Chrystal Hatchett) (cmw)
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Filing 121
MANDATE of USCA as to #114 Notice of Appeal filed by William Stidham, Michael Kemmer, Scott Wyckhouse & Gene Smith: No costs taxed. (er)
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Filing 120
NOTICE of Hearing: Telephone Status Conference set for 1/31/2023 at 01:30 PM via Teleconference before Judge Edmund A. Sargus. (cmw)
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Filing 119
ORDER of USCA as to #114 Notice of Appeal filed by William Stidham, Michael Kemmer, Scott Wyckhouse, Gene Smith: The Sixth Circuit has ORDERED that the judgment of the district court is REVERSED. Note: Mandate to issue. (er)
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Filing 118
ORDER Re #117 Motion to Withdraw as Attorney. The subject Motion to Withdraw as Counsel, ECF No. 117, is DEFICIENT because it does not comply with Local Rule 83.5. Counsel for Plaintiff is DIRECTED to file a Motion in compliance with Local Rule 83.5. Signed by Magistrate Judge Elizabeth Preston Deavers on October 4, 2022. (jlk)
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Filing 117
MOTION to Withdraw as Attorney by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Text of Proposed Order) (Kelleher, Kevin)
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Filing 116
ORDER - The Defendants in this case filed a Notice of Appeal of the Courts Order on Motion for Summary Judgment. The Courts Order Setting Trial Date and Settlement Conference ECF No. #109 and Order extending deadlines to file pretrial documents ECF No. #113 are therefore VACATED pending the appeal. Signed by Judge Edmund A. Sargus on 1/19/2022. (cmw)
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Filing 115
USCA Case Number 22-3030 for #114 Notice of Appeal filed by William Stidham, Michael Kemmer, Scott Wyckhouse & Gene Smith; case manager Sharday S. Swain, 513-564-7027. (er)
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Filing 114
NOTICE OF APPEAL re #112 Order on Motion for Summary Judgment (Filing fee has been paid, receipt number AOHSDC-8670718) by Defendants Michael Kemmer, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 113
ORDER - For good cause shown, the deadline for submitting or exchanging statements of witnesses, designations of deposition portions, exhibit lists, and proposed jury instructions is extended from Monday, January 10, 2022 to Friday, January 14, 2022. Signed by Judge Edmund A. Sargus on 1/5/2022. (cmw)
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Filing 112
ORDER denying #96 Motion for Summary Judgment. Signed by Judge Edmund A. Sargus on 12/30/2021. (cmw)
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Filing 111
NOTICE of Hearing: Settlement Conference RESET for 1/5/2022 at 01:30 PM (TIME CHANGE ONLY) in Chambers before Judge Edmund A. Sargus. (cmw)
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Filing 110
REPLY to Response to Motion re #96 MOTION for Summary Judgment of Defendant Ohio State Highway Patrol and Motion for Summary Judgment and/or for Qualified Immunity of Individual Defendants Gene Smith, Michael Kemmer, William Stidham and Scott Wyckhouse Reply Brief in Support of Motion for Summary Judgment filed by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 109
ORDER SETTING TRIAL DATE AND SETTLEMENT CONFERENCE: Final Pretrial Conference set for 2/4/2022 at 09:00 AM in Chambers before Judge Edmund A. Sargus. Settlement Conference set for 1/5/2022 at 09:30 AM in Chambers before Judge Edmund A. Sargus. Jury Trial set for 2/15/2022 at 09:00 AM in Courtroom 311 - Columbus before Judge Edmund A. Sargus. Motions in Limine due by 1/18/2022. Signed by Judge Edmund A. Sargus on 7/15/2021. (Attachments: #1 FPTO Form) (cmw)
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Filing 108
NOTATION ORDER granting #107 Unopposed MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment #96 . Reply due by 7/16/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/8/2021. (EPD)
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Filing 107
Unopposed MOTION for Extension of Time to File Response/Reply New date requested 7/16/2021. for Reply in Support of Motion for Summary Judgment by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Text of Proposed Order) (Callahan, Rory)
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Filing 106
RESPONSE in Opposition re #96 MOTION for Summary Judgment of Defendant Ohio State Highway Patrol and Motion for Summary Judgment and/or for Qualified Immunity of Individual Defendants Gene Smith, Michael Kemmer, William Stidham and Scott Wyckhouse filed by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Starling, Jason)
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Filing 105
DEPOSITION of Kevin Teaford Vol. II taken on May 24, 2021 by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit 9) (Kelleher, Kevin)
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Filing 104
DEPOSITION of Ohio State Highway Patrol Vol. I taken on May 19, 2021 by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25) (Kelleher, Kevin)
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Filing 103
DEPOSITION of William Stidham Vol. II taken on June 18, 2021 by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit 1) (Kelleher, Kevin)
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Filing 102
DEPOSITION of John Born taken on June 18, 2021 by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit 1) (Kelleher, Kevin)
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Filing 101
NOTICE of Appearance by Kevin Ross Kelleher for Plaintiff Stacey Arnold Yerkes (Kelleher, Kevin)
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The Clerk's Office has received a Manually filed USB flash drive. (daf)
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Filing 100
NOTATION ORDER granting #99 Motion for Leave to File Manually and Audio Recording of Key Witness as Physical Evidence. The Clerk is DIRECTED to accept for manual filing a USB flash drive containing the recording. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/1/2021. (EPD)
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Filing 99
MOTION for Leave to File Manually an Audio Recording of a Key Witness as Physical Evidence by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Text of Proposed Order) (Starling, Jason)
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Filing 98
NOTATION ORDER granting re #97 Unopposed MOTION for Extension of Time to File Memorandum in Opposition to #96 MOTION for Summary Judgment and/or for Qualified Immunity. Memorandum in Opposition due by 7/2/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/24/2021. (EPD)
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Set/Reset Deadlines as to #96 MOTION for Summary Judgment of Defendant Ohio State Highway Patrol and Motion for Summary Judgment and/or for Qualified Immunity of Individual Defendants Gene Smith, Michael Kemmer, William Stidham and Scott Wyckhouse. Response now due by 7/2/2021 (sem)
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Filing 97
Unopposed MOTION for Extension of Time to File Response/Reply as to #96 MOTION for Summary Judgment of Defendant Ohio State Highway Patrol and Motion for Summary Judgment and/or for Qualified Immunity of Individual Defendants Gene Smith, Michael Kemmer, William Stidham and Scott Wyckhouse New date requested 7/2/2021. by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 96
MOTION for Summary Judgment of Defendant Ohio State Highway Patrol and Motion for Summary Judgment and/or for Qualified Immunity of Individual Defendants Gene Smith, Michael Kemmer, William Stidham and Scott Wyckhouse by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 95
DEPOSITION of Cpt. Cassandra Brewster 30B6 taken on June 3, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1-3) (Callahan, Rory)
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Filing 94
DEPOSITION of Kevin Teaford taken on May 17, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1-8) (Callahan, Rory)
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Filing 93
DEPOSITION of Stacey Arnold Yerkes Vol. 2 taken on May 18, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibit 96) (Callahan, Rory)
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Filing 92
DEPOSITION of B. Gene Smith taken on April 30, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 7 and 9) (Callahan, Rory)
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Filing 91
DEPOSITION of Terry Bush taken on April 28, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1, 4-12) (Callahan, Rory)
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Filing 90
NOTICE OF FILING DEPOSITION of Terry Bush, B. Gene Smith, Stacey Arnold Yerkes Vol. 2, Kevin Teaford and Cpt. Cassandra Brewster by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 89
DEPOSITION of Richard S. Fambro taken on April 28, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1-12) (Callahan, Rory)
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Filing 88
DEPOSITION of Jessica L. Jones taken on May 24, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 87
DEPOSITION of Tiffany DeArmond taken on May 24, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 86
DEPOSITION of Charles Linek taken on May 18, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1-10) (Callahan, Rory)
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Filing 85
DEPOSITION of John Born taken on May 17, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1-9) (Callahan, Rory)
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Filing 84
DEPOSITION of Cpt. Michael Douglas Kemmer taken on May 5, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1, 3-5, 8-10, 12) (Callahan, Rory)
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Filing 83
DEPOSITION of Lt. Scott Wyckhouse taken on April 29, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibit 1) (Callahan, Rory)
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Filing 82
DEPOSITION of Nathan Dickerson taken on April 30, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 94, 96, 101-104) (Callahan, Rory)
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Filing 81
DEPOSITION of William Stidham taken on April 27, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1-5) (Callahan, Rory)
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Filing 80
DEPOSITION of Paul Pride taken on April 23, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1-14 Part 1, #2 Exhibits 1-14 Part 2) (Callahan, Rory)
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Filing 79
DEPOSITION of Stacey Arnold Yerkes taken on April 7, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Exhibits 1-25, 27, 30-39, 41, 43-64, 66-73, 75-81, 83-85 & 89-95) (Callahan, Rory)
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Filing 78
DEPOSITION of Shaun Smart taken on April 5, 2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 77
NOTICE OF FILING DEPOSITION of Shaun Smart, Stacey Arnold Yerkes, Paul Pride, William Stidham, Richard S. Fambro, Nathan Dickerson, Lt. Scott Wyckhouse, Cpt. Michael Douglas Kemmer, John Born, Charles Linek, Tiffany DeArmond and Jessica L. Jones by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 76
ORDER granting #75 Defendants' Motion for Extension of Time, until 6/11/21, to File Dispositive Motions. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/4/21. (sem)
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Set/Reset Columbus PPTO Deadlines: Dispositive motions now due by 6/11/2021. (sem)
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Filing 75
MOTION for Extension of Time to File New date requested 6/11/2021. for Dispositive Motion Deadline by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Attachments: #1 Text of Proposed Order) (Callahan, Rory)
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Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 5/24/21. Witnesses Born and Stidham each will submit to an additional deposition. Defendants will either withdraw affirmative defenses, particularly of statute of limitations, failure to exhaust, failure to mitigate, and after-acquired evidence, or provide a Rule 30(b)(6) witness to explain the good faith bases for these defenses. (sh)
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Filing 74
NOTICE of Hearing: A Telephonic Status Conference will be held before the Honorable Elizabeth A. Preston Deavers on MAY 24, 2021 at 2:30 P.M. The parties are directed to call 1-877-336-1280, enter access code 7598806#, followed by security code 1234#. (jlk)
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Filing 73
NOTICE to Take Deposition of Jessica Jones by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 72
NOTICE to Take Deposition of Tiffany DeArmond by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 71
NOTICE to Take Deposition of Charles Linek by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 70
NOTICE to Take Deposition of Kevin Teaford by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 69
NOTICE to Take Deposition of John Born by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 68
NOTICE to Take Deposition of Defendant Ohio State Highway Patrol by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 67
Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 5/14/2021. Parties oral Motion for Extension of Time granted. (sh)
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Filing 66
ORDER: The parties' oral Joint Motion for Extension of Time the Motion is GRANTED. Discovery due by 5/24/2021. Dispositive motions due by 6/4/2021. Responses due by 6/18/2021 Replies due by 6/25/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on May 3, 2021. (jlk)
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Filing 65
NOTICE of Hearing: Status Conference set for 5/3/2021 10:30 AM via Teleconference before Magistrate Judge Elizabeth Preston Deavers. The parties are directed to call 1-877-336-1280, enter access code 7598806#, followed by security code 1234#. (jlk)
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Filing 64
NOTICE of Appearance by Amy Ruth Ita for Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse (Ita, Amy)
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Filing 63
NOTICE by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse of Withdrawal of Co-Counsel (Callahan, Rory)
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Filing 62
NOTICE to Take Deposition of Michael Kemmer by Plaintiff Stacey Arnold Yerkes. (Camillus, John)
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Filing 61
NOTICE to Take Deposition of Gene Smith by Plaintiff Stacey Arnold Yerkes. (Camillus, John)
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Filing 60
NOTICE to Take Deposition of Scott Wyckhouse by Plaintiff Stacey Arnold Yerkes. (Camillus, John)
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Filing 59
NOTICE to Take Deposition of William Stidham by Plaintiff Stacey Arnold Yerkes. (Camillus, John)
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Filing 58
NOTICE to Take Deposition of Terry Bush by Plaintiff Stacey Arnold Yerkes. (Camillus, John)
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Filing 57
NOTICE by Plaintiff Stacey Arnold Yerkes of deposition of Richard Fambro (Camillus, John)
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Filing 56
NOTICE by Plaintiff Stacey Arnold Yerkes of deposition of Paul Pride (Camillus, John)
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Filing 55
NOTICE to Take Deposition of Richard Fambro by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 54
NOTICE to Take Deposition of Terry Bush by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 53
NOTICE to Take Deposition of Defendant Michael Kemmer by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 52
NOTICE to Take Deposition of Shaun Smart by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 51
ORDER - Discovery due by 4/30/2021. Dispositive motions due by 5/14/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/4/2021. (sln)
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Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 3/3/2021. (sln)
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Filing 50
NOTICE to Take Deposition of Defendant Scott Wyckhouse by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 49
NOTICE to Take Deposition of Defendant William Stidham by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 48
NOTICE to Take Deposition of Defendant Gene Smith by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 47
NOTICE to Take Deposition of Richard Fambro by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 46
NOTICE to Take Deposition of Terry Bush by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 45
NOTICE to Take Deposition of Defendant Michael Kemmer by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 44
NOTICE to Take Deposition of Shaun Smart by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 43
NOTICE of Hearing: Status Conference set for 3/3/2021 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
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Filing 42
NOTICE of Change of Address by Anna M. Rouhana Seidensticker (Seidensticker, Anna)
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Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 1/22/2021. (sln)
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Filing 41
ORDER: At the direction of the presiding District Judge, the Parties shall have until MARCH 30, 2021, to complete discovery, and until MAY 14, 2021, to submit dispositive motions. Signed by Magistrate Judge Elizabeth Preston Deavers on January 22, 2021. (jlk)
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Filing 40
NOTICE of Hearing:that a status conference will be held before the Honorable Elizabeth A. Preston Deavers on January 22,2021 at 10:00 AM EST. The Parties are directed to call 1-877-336-1280, enter access code 7598806#,followed by security code 1234#. (sh)
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Filing 39
ORDER SETTING TRIAL DATE AND SETTLEMENT CONFERENCE: Final Pretrial Conference set for 9/17/2021 at 09:00 AM in Chambers before Judge Edmund A. Sargus. Settlement Conference set for 8/9/2021 at 09:30 AM in Chambers before Judge Edmund A. Sargus. Jury Trial set for 9/27/2021 at 09:00 AM in Courtroom 311 - Columbus before Judge Edmund A. Sargus. Motions in Limine due by 9/6/2021. Signed by Judge Edmund A. Sargus on 11/3/2020. (cmw)
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Filing 38
ORDER granting #37 Motion for Extension of Time to Complete Discovery and File Dispositive Motions. Discovery due by 3/15/2021 & Dispositive Motions due by 4/30/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on 11/2/2020. (kk2)
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Set/Reset Deadlines: Discovery due by 3/15/2021. Dispositive motions due by 4/30/2021. (kk2)
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Filing 37
Joint MOTION for Extension of Time to Complete Discovery New date requested 3/15/2021. and Dispositive Motion Deadline 4/30/2021 by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 35
ORDER granting #34 Motion for Extension of Time. Defendants shall have until JULY 1, 2020, to identify and submit any rebuttal expert reports. Signed by Magistrate Judge Elizabeth Preston Deavers on June 2, 2020. (jlk)
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Set/Reset Columbus PPTO Deadlines: Defendant Rebuttal Expert due by 7/1/2020. (jlk)
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Filing 34
MOTION for Extension of Time New date requested 7/1/2020. to Identify and Submit Rebuttal Expert Report by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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NOTICE DESIGNATING MEDIATOR: Robert G Palmer assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in June 2020. The mediator will then file a Notice Setting Mediation. (kk2)
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Filing 33
ANSWER to #13 Amended Complaint filed by Michael Kemmer, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 32
NOTICE: Counsel shall confer and notify the Court at #[email protected] within 10 days if this case should NOT proceed with mediation in June 2020. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the Court is 5/1/2020. (kk2)In light of the COVID-19 pandemic, all in-person mediations are postponed; however, the parties and mediators are DIRECTED to attempt mediation via telephone or video conference.
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Filing 31
ORDER granting #26 Motion to Amend the Scheduling Order. Dispositive motions due by 2/28/2021. Response to discovery requests by Defendant are due by 4/24/2020. Discovery due by 1/15/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on April 20, 2020. (jlk)
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Filing 30
RESPONSE to Motion re #26 MOTION to Amend/Correct the Scheduling Order filed by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 4/20/2020. (sln)
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Set/Reset Columbus PPTO Deadlines: Dispositive motions due by 2/28/2021. Response to discovery requests by Defendant are due by 4/24/2020. Discovery due by 1/15/2021. (jlk)
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Filing 29
ORDER Denying #19 Motion to Dismiss for Failure to State a Claim. Signed by Judge Edmund A. Sargus on 4/17/2020. (cmw)
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Filing 28
ORDER - Defendants shall response to the #26 Motion ON OR BEFORE APRIL 20, 2020 by 10:30 A.M. No reply memorandum from Plaintiff will be necessary unless Ordered by the Court. Signed by Magistrate Judge Elizabeth Preston Deavers on April 17, 2020. (jlk)
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Filing 27
NOTICE of Hearing: Status Conference set for 4/20/2020 11:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
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Filing 26
MOTION to Amend/Correct the Scheduling Order by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Text of Proposed Order) (Starling, Jason)
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Filing 25
NOTICE: Counsel shall confer and notify the Court at #[email protected] within 10 days if this case should NOT proceed with mediation in March 2020. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the Court is 2/7/2020. (kk2)
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Filing 24
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/15/2019. (sln)
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Set/Reset Deadlines: Initial Disclosures and Proposed Protective Order due by 10/11/2019. (daf)
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Filing 23
NOTATION ORDER granting #22 Motion for Extension of Time. The parties may have until 10/11/2019 to submit a proposed Protective Order and to exchange initial disclosures. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/29/2019. (EPD)
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Filing 22
Joint MOTION for Extension of Time New date requested 10/11/2019. to Submit Stipulated Protective Order and Clawback Agreement to Court and for the Parties to Exchange Initial Disclosures by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 21
REPLY to Response to Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint and/or for Qualified Immunity of Individual Defendants filed by Defendants Michael Kemmer, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 20
RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint and/or for Qualified Immunity of Individual Defendants filed by Plaintiff Stacey Arnold Yerkes. (Starling, Jason)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint and/or for Qualified Immunity of Individual Defendants by Defendants Michael Kemmer, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 18
ANSWER to #13 Amended Complaint filed by Ohio State Highway Patrol. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit B Part 1, #6 Exhibit B Part 2, #7 Exhibit B Part 3, #8 Exhibit B Part 4) (Callahan, Rory)
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Filing 17
NOTATION ORDER terminating #9 Motion to Dismiss for Failure to State a Claim as MOOT in light of Plaintiff's Amended Complaint and with approval of Defendant during Rule 16 conference. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/22/2019. (EPD)
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Filing 16
PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 12/13/2019. Motions to Amend due by 12/13/2019. Initial Disclosures due by 9/27/2019. Discovery due by 7/17/2020. Clawback Agreement Deadline due by 9/27/2019. Dispositive motions due by 8/27/2020. Primary Expert due by 4/15/2020. Rebuttal Expert due by 5/30/2020. Settlement Demand due by 1/15/2020. Response to Settlement Demand due by 2/15/2020. Mediation Deadline: 3/1/2020. Signed by Magistrate Judge Elizabeth Preston Deavers on August 21, 2019. (jlk)
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Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 8/20/2019. (sln)
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Filing 15
RULE 26(f) REPORT by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Starling, Jason)
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Filing 14
NOTICE by Defendants Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse Withdrawal of Co-Counsel (Callahan, Rory)
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Filing 13
AMENDED COMPLAINT against All Defendants, filed by Stacey Arnold Yerkes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Starling, Jason) (Main Document 13 and attachments replaced to correct combined PDF error.) (ew).
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Filing 12
ORDER granting #11 Motion for Extension of Time. Plaintiff's response to the Motion to Dismiss is due August 30, 2019. Signed by Magistrate Judge Elizabeth Preston Deavers on July 30, 2019. (jlk)
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Set/Reset Deadlines as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 8/30/2019 (jlk)
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Filing 11
Unopposed MOTION for Extension of Time New date requested 8/30/2019. by Plaintiff Stacey Arnold Yerkes. (Attachments: #1 Text of Proposed Order) (Starling, Jason)
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Filing 10
NOTICE of Hearing: Preliminary Pretrial Conference set for 8/20/2019 11:30 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln)
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Filing 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Michael Kemmer, Gene Smith, William Stidham, Scott Wyckhouse. (Callahan, Rory)
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Filing 8
ANSWER to #1 Complaint, filed by Ohio State Highway Patrol. (Attachments: #1 Exhibit A, Pt.1, #2 Exhibit A, Pt. 2, #3 Exhibit A, Pt. 3, #4 Exhibit A, Pt. 4) (Callahan, Rory)
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Filing 7
WAIVER OF SERVICE Returned Executed. Waiver sent to Scott Wyckhouse on 5/20/2019, answer due 7/19/2019. (Starling, Jason)
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Filing 6
WAIVER OF SERVICE Returned Executed. Waiver sent to William Stidham on 5/20/2019, answer due 7/19/2019. (Starling, Jason)
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Filing 5
WAIVER OF SERVICE Returned Executed. Waiver sent to Michael Kemmer on 5/20/2019, answer due 7/19/2019. (Starling, Jason)
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Filing 4
WAIVER OF SERVICE Returned Executed. Waiver sent to Gene Smith on 5/20/2019, answer due 7/19/2019. (Starling, Jason)
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Filing 3
WAIVER OF SERVICE Returned Executed. Waiver sent to Ohio State Highway Patrol on 5/20/2019, answer due 7/19/2019. (Starling, Jason)
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Filing 2
Summons Issued as to Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, and Scott Wyckhouse. (daf)
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Filing 1
COMPLAINT with JURY DEMAND against Michael Kemmer, Ohio State Highway Patrol, Gene Smith, William Stidham, Scott Wyckhouse ( Filing fee $ 400 paid - receipt number: 0648-6931055), filed by Stacey Arnold Yerkes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Summons Form, #5 Summons Form, #6 Summons Form, #7 Summons Form, #8 Summons Form) (Starling, Jason)
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