Rover Pipeline LLC v. Zwick et al
| Rover Pipeline LLC |
| Uknown Monroe County Sheriff's Deputy, Monroe County Engineer's Department, Brian Kress, Amy M. Zwick, Monroe County Sheriff's Departmenr, Charles R. Black, Jr., Russell Blamble and Monroe County, Ohio |
| Robert M Kincaid |
| 2:2019cv04698 |
| October 23, 2019 |
| US District Court for the Southern District of Ohio |
| Kimberly A Jolson |
| Algenon L Marbley |
| George C Smith |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Both |
Docket Report
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Filing 101
ORDER of USCA as to #98 Notice of Appeal filed by Rover Pipeline LLC: The Sixth Circuit ORDERS that the judgment of the District Court is AFFIRMED. Note: Mandate to issue. (er)
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Filing 100
Transcript of Motion for Summary Judgment Proceedings held on January 5, 2022, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 5/18/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/26/2022. (Evans, Shawna)
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Filing 99
USCA Case Number 22-3370 for #98 Notice of Appeal, filed by Rover Pipeline LLC; case manager Gretchen S. Abruzzo, 513-564-7018. (er)
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Filing 98
NOTICE OF APPEAL re #94 Order on Motion for Summary Judgment,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Strike,, #96 Order, (Filing fee has been paid, receipt number AOHSDC-8832219) by Plaintiff Rover Pipeline LLC. (Hyzak, Daniel)
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Filing 97
CLERK'S AMENDED JUDGMENT entered pursuant to Order signed by Chief Judge Algenon L. Marbley on 3/29/2022. (cw)
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Filing 96
ORDER DISMISSING without prejudice Plaintiff's remaining state law claims, as detailed in this Court's Opinion and Order re #94 Order on Motion for Summary Judgment, Order on Motion to Dismiss for Failure to State a Claim,Order on Motion to Strike. The Clerk is DIRECTED to enter an amended judgment. Signed by Chief Judge Algenon L. Marbley on 3/29/2022. (cw)
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Filing 95
CLERK'S JUDGMENT entered pursuant to the Opinion and Order signed by Chief Judge Algenon L. Marbley on 3/24/22. (sem)
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Filing 94
OPINION and ORDER denying #68 Plaintiff's Motion for Summary Judgment and granting in part and denying in part #69 Defendants' Motion for Summary Judgment. This case is hereby REMANDED to the Monroe County Common Pleas Court for the resolution of Plaintiff's state law claims. Given this disposition, Defendants' Motion to Dismiss the Second Amended Complaint #81 and Plaintiff's Motion to Strike #83 are DENIED as moot. Signed by Chief Judge Algenon L. Marbley on 3/24/22. (sem)
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Filing 93
Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Motion Hearing held on 1/5/2022 re #68 MOTION for Summary Judgment filed by Rover Pipeline LLC, #69 MOTION for Summary Judgment filed by Charles R. Black, Jr., Russell Blamble, Monroe County Sheriff's Departmenr, Amy M. Zwick, Monroe County Engineer's Department, Brian Kress. (Court Reporter: Shawna Evans) (ds)
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Filing 92
ORDER Setting Hearing on Motion #68 MOTION for Summary Judgment , #69 MOTION for Summary Judgment : Motion Hearing set for 1/5/2022 01:30 PM in Courtroom 311 - Columbus before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 1/3/2022. (cw)
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Filing 91
ORDER Setting Hearing on Motions #68 MOTION for Summary Judgment , #69 MOTION for Summary Judgment : Motions Hearing set for 1/5/2022 10:00 AM in Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 9/9/2021. (cw)
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Filing 90
RESPONSE to Motion re #83 MOTION to Strike Motion to Strike Inadmissible Report, Opinions, and Testimony of Purported Roadway Engineering Expert Amy Zwick from Defendants' Memorandum in Opposition to Plaintiff's Motion for Summary Judgment Reply in Support of Motion to Strike the Inadmissable Report, Opinions, and Testimony of Defendant's Purported Roadway Expert Amy Zwick filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A - Terracon Report) (Brunton, Gregory)
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Filing 89
RESPONSE in Opposition re #83 MOTION to Strike Motion to Strike Inadmissible Report, Opinions, and Testimony of Purported Roadway Engineering Expert Amy Zwick from Defendants' Memorandum in Opposition to Plaintiff's Motion for Summary Judgment filed by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Monroe County, Ohio, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 88
REPLY to Response to Motion re #81 MOTION TO DISMISS #80 Second Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Monroe County, Ohio, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 87
RESPONSE in Opposition re #81 MOTION TO DISMISS #80 Second Amended Complaint FOR FAILURE TO STATE A CLAIM Rover Pipeline Memorandum in Opposition to Defendant's Partial Motion to Dismiss filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory)
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Filing 86
NOTATION ORDER granting #85 Unopposed MOTION for Extension of Time to File Response/Reply as to #83 MOTION to Strike. Responses due by 8/13/2021. Signed by Magistrate Judge Kimberly A. Jolson on 7/19/21. (jr)
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Filing 85
Unopposed MOTION for Extension of Time to File Response/Reply as to #83 MOTION to Strike Motion to Strike Inadmissible Report, Opinions, and Testimony of Purported Roadway Engineering Expert Amy Zwick from Defendants' Memorandum in Opposition to Plaintiff's Motion for Summary Judgment New date requested 8/13/2021. by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Monroe County, Ohio, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 84
REPLY to Response to Motion re #69 MOTION for Summary Judgment filed by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Monroe County, Ohio, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 83
MOTION to Strike Motion to Strike Inadmissible Report, Opinions, and Testimony of Purported Roadway Engineering Expert Amy Zwick from Defendants' Memorandum in Opposition to Plaintiff's Motion for Summary Judgment by Plaintiff Rover Pipeline LLC. (Brunton, Gregory)
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Filing 82
REPLY to Response to Motion re #68 MOTION for Summary Judgment Plaintiff's Reply to Defendant's Memorandum in Opposition to Rover's Motion for Summary Judgment filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory)
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Filing 81
MOTION TO DISMISS #80 Second Amended Complaint FOR FAILURE TO STATE A CLAIM by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Monroe County, Ohio, Amy M. Zwick. (Teetor, John) Modified text and created link on 7/12/2021 (er).
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Filing 80
SECOND AMENDED COMPLAINT against Amy M. Zwick; Brian Kress; Charles R. Black, Jr; Russell Blamble; Monroe County Sheriff's Department; Monroe County Engineer's Department; and Monroe County, Ohio filed by Rover Pipeline LLC. (Attachments: #1 Exhibit A-FERC Certificate, #2 Exhibit B-RUMA, #3 Exhibit C-Standby Costs, #4 Exhibit D-Benwood Repair Inv, #5 Exhibit E-Terracon Report) (ew)
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Filing 79
OPINION AND ORDER granting #73 Motion for Leave to File Second Amended Complaint. The stay on briefing for #68 and #69 Motions for Summary Judgment is lifted. Reply briefs due within 14 days. Signed by Magistrate Judge Kimberly A. Jolson on 6/29/2021. (ew)
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Filing 78
NOTICE by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr re #73 MOTION for Leave to File Second Amended Complaint and to Join Additional Parties of Supplemental Evidence (Attachments: #1 Exhibit 2017 Monroe County and CORSA Participation Agreement) (Yosowitz, Andrew)
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Filing 77
REPLY to Response to Motion re #73 MOTION for Leave to File Second Amended Complaint and to Join Additional Parties Reply of Plaintiff Rover Pipeline LLC to Defendant's Memorandum in Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint and to Join Additional Parties filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory)
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Filing 76
RESPONSE in Opposition re #73 MOTION for Leave to File Second Amended Complaint and to Join Additional Parties filed by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 75
NOTATION ORDER - Briefing on Plaintiff's Motion for Leave to File Second Amended Complaint (Doc. #73 ) is hereby EXPEDITED. Defendants shall file their response in opposition within seven (7) days from the date of this Order, with any reply due three (3) days thereafter. Furthermore, briefing on the parties' respective Motions for Summary Judgment (Docs. #68 , #69 ) is hereby STAYED pending the resolution of Plaintiff's Motion (Doc. #73 ). Signed by Magistrate Judge Kimberly A. Jolson on 5/17/21. (jr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 74
RESPONSE in Opposition re #68 MOTION for Summary Judgment filed by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Attachments: #1 Affidavit Supplemental Declaration of Amy Zwick) (Yosowitz, Andrew)
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Filing 73
MOTION for Leave to File Second Amended Complaint and to Join Additional Parties by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit A-FERC Certificate, #3 Exhibit B-RUMA, #4 Exhibit C-Standby Costs, #5 Exhibit D-Benwood Repair Inv, #6 Exhibit E-Terracon Report) (Brunton, Gregory)
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Filing 72
RESPONSE in Opposition re #69 MOTION for Summary Judgment filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A - OAG Opinion) (Brunton, Gregory)
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Filing 71
DEPOSITION of Kevin Michael Ernst taken on April 24, 2018 by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 70
NOTICE OF FILING DEPOSITION of Kevin Michael Ernst by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 69
MOTION for Summary Judgment by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Attachments: #1 Affidavit Declaration of Amy Zwick, #2 Affidavit Declaration of Brian Kress, #3 Affidavit Declaration of Russell Blamble, #4 Affidavit Declaration of Charles Black, #5 Exhibit Rover's Traffic Mitigation Plan, #6 Exhibit Ohio Attorney General Opinion, #7 Exhibit Rover's Road Use Maintenance Agreements Part I, #8 Exhibit Rover's Road Use Maintenance Agreements Part II, #9 Exhibit Rover's Road Use Maintenance Agreements Part III) (Yosowitz, Andrew)
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Filing 68
MOTION for Summary Judgment by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A - Deposition [Kress], #2 Exhibit B - Deposition [Zwick], #3 Exhibit C - TRO Order 2017 , #4 Exhibit D - Settlement Agreement 2017 , #5 Exhibit E - FERC FEIS, #6 Exhibit F - Affidavit of Mark Vedral, #7 Exhibit G - Affidavit of John Adamski, #8 Exhibit H - Adamski Affidavit - 2021 [Combined], #9 Exhibit I - Deposition [Blamble], #10 Exhibit J - 2018 Annual County Engineers Report, #11 Exhibit K - 2019 Annual County Engineers Report, #12 Exhibit L - 2020 Annual County Engineers Report, #13 Exhibit M - TRO Hearing Transcript, #14 Exhibit N - Statement of Deputy Blamble - [5-2-2020], #15 Exhibit O - Email from Prosecutor [11-8-2017], #16 Exhibit P - Zwick Discovery Responses [First Set], #17 Exhibit Q - TRO Order 2019 - [Moore Ridge Road], #18 Exhibit R - Ernst Affidavit - 2021 [Combined], #19 Exhibit S - Affidavit of Salil V. Gokhale [Dynatest], #20 Exhibit T - FEMA 2018 , #21 Exhibit U - FEMA 2019 , #22 Exhibit V - Force Account [Monroe County] - Pre-Rover Condition) (Brunton, Gregory)
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Filing 67
DEPOSITION of Brian Kress taken on January 29, 2021 by Plaintiff Rover Pipeline LLC. (Brunton, Gregory)
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Filing 66
DEPOSITION of Russell Blamble taken on November 18, 2020 by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit Exhibit to Blamble Deposition) (Brunton, Gregory)
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Filing 65
DEPOSITION of Amy M. Zwick taken on November 16, 2020 by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit Zwick Deposition Exhibit A, #2 Exhibit Zwick Deposition Exhibit B, #3 Exhibit Zwick Deposition Exhibit C, #4 Exhibit Zwick Deposition Exhibit D) (Brunton, Gregory)
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Filing 64
NOTICE by Plaintiff Rover Pipeline LLC Notice of Filing Depositions (Brunton, Gregory)
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Filing 63
DEPOSITION of Mark Vedral taken on January 14, 2021 by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 62
DEPOSITION of Thomas Rager taken on July 18, 2020 by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 61
DEPOSITION of Scotty Hylton taken on July 18, 2020 by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 60
DEPOSITION of John Adamski taken on March 18, 2021 by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 59
DEPOSITION of Chad McGinty taken on March 17, 2021 by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 58
DEPOSITION of Allen Ragland taken on July, 17, 2020 by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 57
NOTICE OF FILING DEPOSITION of Allen Ragland, Chad McGinty, John Adamski, Mark Vedral, Scotty Hylton and Thomas Rager by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 56
ORDER: Dispositive Motions due by 4/23/2021. Signed by Magistrate Judge Kimberly A. Jolson on 3/26/2021. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 3/15/2021. (jr)
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Filing 55
STATUS REPORT Joint Status Report Regarding Discovery Dispute by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Uknown Monroe County Sheriff's Deputy, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 54
NOTATION ORDER - The Court will hold a status conference in this case on 3/15/2021 @ 9:30 AM. Counsel shall call 1-888-684-8852 to participate in the telephone conference. The conference access code is 3189690 and the security code is 4698. The parties are ORDERED to file a joint status report by 3/12/2021. Signed by Magistrate Judge Kimberly A. Jolson on 3/10/21. (jr)
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Filing 53
NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Rover Pipeline LLC re #37 MOTION to Strike or in the Alternative MOTION for Leave to File Rebuttal Expert Report Plaintiff's Notice to Withdraw Motion to Strike or in the Alternative Motion for Leave to File Rebuttal Expert Report (Brunton, Gregory)
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Filing 52
NOTATION ORDER - In their most recent status report (Doc. #50 ), the parties represent that they cannot agree on whether to extend the discovery deadline. Considering their respective positions, the Court finds a limited extension appropriate. Accordingly, the case schedule is amended as follows: Discovery due by March 19, 2021; Dispositive Motions due by April 9, 2021. Signed by Magistrate Judge Kimberly A. Jolson on 2/25/21. (jr)
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Filing 51
NOTATION ORDER granting #49 Motion for Extension of Time - dispositive motions due by March 15, 2021. Signed by Magistrate Judge Kimberly A. Jolson on 2/24/21. (jr)
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Filing 50
STATUS REPORT Joint Status Report of the Parties by Plaintiff Rover Pipeline LLC. (Brunton, Gregory)
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Set/Reset Deadlines: Dispositive motions due by 3/15/2021. (jr)
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Filing 49
Unopposed MOTION for Extension of Time to File New date requested 3/15/2021. Unopposed Motion for Extension of Dispositive Motion Deadline by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 48
RESPONSE in Opposition re #37 MOTION to Strike or in the Alternative MOTION for Leave to File Rebuttal Expert Report filed by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 47
NOTATION ORDER granting #46 Motion for Extension of Time to file joint status report of the parties. Status report due by 2/24/2021. Signed by Magistrate Judge Kimberly A. Jolson on 2/18/21. (jr)
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Filing 46
MOTION for Extension of Time New date requested 2/24/2021. Unopposed Motion for Extension of Time to File Joint Status Report of the Parties by Plaintiff Rover Pipeline LLC. (Brunton, Gregory)
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Filing 45
NOTICE by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Uknown Monroe County Sheriff's Deputy Of Withdrawal and Substitution of Counsel (Glasgow, Aaron)
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Filing 44
NOTICE of Change of Address by John Stephen Teetor (Teetor, John)
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Filing 43
NOTATION ORDER - The parties mediated on January 27, 2021, but reached an impasse. The parties are ORDERED to file a joint status report within fourteen (14) days of the date of this Order, summarizing any remaining discovery and setting forth a proposed revised case schedule to govern this matter moving forward. Signed by Magistrate Judge Kimberly A. Jolson on 2/3/21. (jr)
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Filing 42
NOTATION ORDER granting #40 Motion for Extension of Time to File Response/Reply re #37 MOTION to Strike or in the Alternative MOTION for Leave to File Rebuttal Expert Report. Responses due by 2/19/2021. Signed by Magistrate Judge Kimberly A. Jolson on 2/3/21. (jr)
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Filing 40
Unopposed MOTION for Extension of Time to File Response/Reply as to #37 MOTION to Strike or in the Alternative MOTION for Leave to File Rebuttal Expert Report New date requested 2/19/2021. by Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Yosowitz, Andrew)
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Filing 39
NOTICE of Change of Address by Andrew Neil Yosowitz (Yosowitz, Andrew)
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Filing 38
NOTICE of Appearance by Andrew Neil Yosowitz for Defendants Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick (Yosowitz, Andrew)
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Filing 37
Withdrawn per #53 Notice*** MOTION to Strike or in the Alternative, MOTION for Leave to File Rebuttal Expert Report ( Responses due by 2/5/2021) by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A - Rover Expert Rebuttal Report, #2 Exhibit B - Zwick Deposition, #3 Exhibit C - Zwick Discovery Responses, #4 Exhibit D - Zwick Rebuttal Expert Disclosures) (Brunton, Gregory) Modified text on 3/5/2021 (jlk).
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Filing 36
Notice of Mediation Conference: Mediator Robert Kincaid to conduct mediation in Zoom Video Conference. Mediation Hearing set for 1/27/2021 at 10:00 AM. (Kincaid, Robert)
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NOTICE DESIGNATING MEDIATOR: Robert M Kincaid 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 January 2021, or within 60 days of this notice. The mediator will then file a Notice Setting Mediation. (kk2)
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Filing 35
NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in January 2021. 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 4:00pm on 11/30/2020. (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 34
NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in November 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 4:00pm on 10/1/2020. (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 33
ORDER DENYING WITHOUT PREJUDICE as moot #10 Motion to Dismiss. Signed by Chief Judge Algenon L. Marbley on 7/16/2020. (cw)
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Filing 32
NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in September 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 4:00pm on 8/3/2020. (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
ANSWER to #30 Amended Complaint, filed by All Defendants. (Glasgow, Aaron)
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Filing 30
AMENDED COMPLAINT against Charles R. Black, Jr, Russell Blamble, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick filed by Rover Pipeline LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (kk2)
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Filing 29
OPINION AND ORDER granting #25 Motion for Leave to File First Amended Complaint and to Join Additional Parties. Signed by Magistrate Judge Kimberly A. Jolson on 7/6/2020. (kk2)
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Filing 28
REPLY to Response to Motion re #25 MOTION for Leave to File First Amended Complaint and to Join Additional Parties filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A - FEMA-4360, #2 Exhibit B - 2018 Annual Report, #3 Exhibit C - FEMA-4424, #4 Exhibit D - 2019 Annual Report) (Brunton, Gregory)
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Filing 27
RESPONSE to Motion re #25 MOTION for Leave to File First Amended Complaint and to Join Additional Parties filed by Defendants Charles R. Black, Jr, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Uknown Monroe County Sheriff's Deputy, Amy M. Zwick. (Glasgow, Aaron)
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Filing 26
ORDER re #25 MOTION for Leave to File First Amended Complaint and to Join Additional Parties: Defendants have informed the Court that they intend to oppose the Motion. Defendants' response due by 6/10/2020 - Plaintiff's reply due by 6/17/2020. Signed by Magistrate Judge Kimberly A. Jolson on 6/3/2020. (kk2)
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Filing 25
MOTION for Leave to File First Amended Complaint and to Join Additional Parties by Plaintiff Rover Pipeline LLC. (Attachments: #1 First Amended Complaint, #2 Exhibit A - FERC Certificate, #3 Exhibit B - RUMA, #4 Exhibit C - Standby Costs, #5 Exhibit D - Benwood Repair Invoice, #6 Exhibit E - Terracon Report) (Brunton, Gregory)
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Filing 24
NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in July 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 6/1/2020. (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 23
AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 4/13/2020. (ew)
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Filing 22
MOTION for Protective Order by Plaintiff Rover Pipeline LLC. (Brunton, Gregory)
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Filing 21
SCHEDULING ORDER: The Pretrial Conference set for 3/4/2020 is VACATED. Case is referred to Mediation in July 2020. Case referred to Clerk for assignment of mediator. Joinder of Parties and Motions to Amend due by 3/27/2020. Initial Disclosures due by 3/27/2020. Discovery due by 1/29/2021. Protective Order or Clawback Agreement due by 4/3/2020. Dispositive Motions due by 2/28/2021. Primary Expert due by 8/28/2020. Rebuttal Expert due by 9/30/2020. Settlement Demand due by 5/8/2020. Response to Settlement Demand due by 5/22/2020. Signed by Magistrate Judge Kimberly A. Jolson on 3/2/2020. (ew)
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Filing 20
RULE 26(f) REPORT by Plaintiff Rover Pipeline LLC. (Hyzak, Daniel)
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Filing 19
NOTICE of Hearing: Pretrial Conference set for 3/4/2020 @ 3:00 PM before Magistrate Judge Kimberly A. Jolson. (jr)
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Filing 18
REPLY to Response to Motion re #10 MOTION to Dismiss Plaintiff's Complaint filed by Defendants Charles R. Black, Jr, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Glasgow, Aaron)
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Filing 17
ORDER granting #16 Motion for Extension of Time: Reply to #10 Motion to Dismiss due by 2/17/2020. Signed by Magistrate Judge Kimberly A. Jolson on 2/11/2020. (ew)
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Filing 16
MOTION for Extension of Time to File Response/Reply New date requested 2/17/2020. by Defendants Charles R. Black, Jr, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Attachments: #1 Text of Proposed Order) (Glasgow, Aaron)
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Filing 15
ORDER granting #14 Motion for Extension of Time: Reply to #10 Motion to Dismiss due by 2/10/2020. Signed by Magistrate Judge Kimberly A. Jolson on 1/22/2020. (ew)
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Filing 14
MOTION for Extension of Time to File Response/Reply New date requested 2/10/2020. by Defendants Charles R. Black, Jr, Brian Kress, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick. (Attachments: #1 Text of Proposed Order) (Glasgow, Aaron)
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Filing 13
RESPONSE in Opposition re #10 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A- AG Opinion, #2 Exhibit B- TRO) (Brunton, Gregory)
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Filing 12
ORDER granting #11 Motion for Extension of Time: Response to #10 Motion to Dismiss due by 1/20/2020. Signed by Magistrate Judge Kimberly A. Jolson on 1/10/2020. (ew)
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Filing 11
Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss Plaintiff's Complaint New date requested 1/20/2020. by Plaintiff Rover Pipeline LLC. (Attachments: #1 Text of Proposed Order) (Brunton, Gregory)
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Filing 10
MOTION to Dismiss Plaintiff's Complaint by Defendants Charles R. Black, Jr, Monroe County Engineer's Department, Monroe County Sheriff's Departmenr, Amy M. Zwick, and Brian Kress. (Attachments: #1 Residential Access and Traffic Mitigation Plan) (Teetor, John) Modified filers on 12/27/2019 (ew).
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Filing 9
WAIVER OF SERVICE Returned Executed. Waiver sent to Amy M. Zwick on 10/25/2019, answer due 12/24/2019. (Brunton, Gregory)
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Filing 8
WAIVER OF SERVICE Returned Executed. Waiver sent to Monroe County Engineer's Department on 10/25/2019, answer due 12/24/2019. (Brunton, Gregory)
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Filing 7
WAIVER OF SERVICE Returned Executed. Waiver sent to Monroe County Sheriff's Departmenr on 10/25/2019, answer due 12/24/2019. (Brunton, Gregory)
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Filing 6
WAIVER OF SERVICE Returned Executed. Waiver sent to Brian Kress on 10/25/2019, answer due 12/24/2019. (Brunton, Gregory)
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Filing 5
WAIVER OF SERVICE Returned Executed. Waiver sent to Charles R. Black, Jr on 10/25/2019, answer due 12/24/2019. (Brunton, Gregory)
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Filing 4
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:17-cv-988 ARE related. Case reassigned to Chief Judge Algenon L. Marbley for all further proceedings. Signed by Chief Judge Algenon L. Marbley and Judge George C. Smith on 10/25/2019. (mdr)
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Filing 2
Corporate Disclosure Statement by Plaintiffs Rover Pipeline LLC, Energy Transfer Partners, L.P. identifying Corporate Parent Energy Transfer Partners, L.P. for Rover Pipeline LLC.. (Brunton, Gregory)
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Filing 1
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7167992), filed by Rover Pipeline LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - FERC Certificate, #3 Exhibit B - Monroe RUMA, #4 Exhibit C- Standby Costs, #5 Exhibit D - Benwood Repair invoice, #6 Exhibit E - Terracon Report) (Brunton, Gregory)
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