Miller v. Ohio Civil Rights Commission et al
| Rosanna L. Miller |
| Ohio Civil Rights Commission, Melody Smith, Cornerstone Therapy, Orthopedic One and Mt. Carmel Medical Group |
| 2:2021cv03973 |
| July 19, 2021 |
| US District Court for the Southern District of Ohio |
| Algenon L Marbley |
| Chelsey M Vascura |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on April 22, 2022. A more recent docket listing may be available from PACER.
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Filing 56
ACKNOWLEDGMENT OF SERVICE Executed as to #55 Clerk's Judgment, #54 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Remand to State Court,, Order on Motion for Summary Judgment. Mailed to Franklin County Common Pleas Court 9984. (jlk)
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Filing 55
CLERK'S JUDGMENT entered pursuant to Order signed by Chief Judge Algenon L. Marbley on 4/8/2022. (cw)
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Filing 54
ORDER granting #14 Motion to Dismiss for Lack of Jurisdiction; granting #14 Motion to Dismiss for Failure to State a Claim; granting #14 Motion to Remand to State Court; granting #22 Motion for Summary Judgment. To the extent Plaintiff asserts a claim for judicial review of the Commission's "no probable cause" decision, that claim is REMANDED to the Franklin County Court of Common Pleas. Signed by Chief Judge Algenon L. Marbley on 4/8/2022. (cw)
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Filing 53
ORDER granting #8 Motion to Dismiss for Failure to State a Claim; granting #11 Motion to Dismiss. Signed by Chief Judge Algenon L. Marbley on 3/31/2022. (cw)
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Filing 52
NOTICE of Substitution of Counsel - Sarah K. Squillante substituting for Arslan S. Sheikh as to Defendant Cornerstone Therapy. (Squillante, Sarah)
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Filing 51
RESPONSE in Opposition re #45 Supplemental MOTION for Preliminary Injunction filed by Defendant Cornerstone Therapy. (Pressley, Fred)
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Filing 50
RESPONSE in Opposition re #45 Supplemental MOTION for Preliminary Injunction filed by Defendant Mt. Carmel Medical Group. (Attachments: #1 Exhibit Exhibit 1 -- Executive Declaration, #2 Exhibit Exhibit 2 -- Director's Order regarding Surgeries, #3 Exhibit Exhibit 3 -- Director's Stay At Home Order, #4 Exhibit Exhibit 4 -- Hettinger Declaration, #5 Exhibit Exhibit 5 -- Poston Declaration, #6 Exhibit Exhibit 6 -- Moore Declaration, #7 Exhibit Exhibit 7 -- Transcript) (Endicott, Samuel)
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Filing 49
RESPONSE in Opposition re #45 Supplemental MOTION for Preliminary Injunction filed by Defendant Orthopedic One. (Sewards, Frederick)
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Filing 48
REPLY to Response to Motion re #11 MOTION to Dismiss Plaintiff's Complaint filed by Defendant Cornerstone Therapy. (Pressley, Fred)
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Filing 47
RESPONSE to Motion re #22 MOTION for Summary Judgment filed by Defendant Orthopedic One. (Sewards, Frederick)
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Filing 46
REPLY to Response to Motion re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Remand to State Court Ohio Rev. Code 4112.06 Request for Judicial Review filed by Defendants Ohio Civil Rights Commission, Melody Smith. (Kovach, Chelsey)
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Filing 45
Supplemental MOTION for Preliminary Injunction by Plaintiff Rosanna L. Miller. (Attachments: #1 Exhibit) (Kalis, Owen)
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Filing 44
RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Remand to State Court Ohio Rev. Code 4112.06 Request for Judicial Review filed by Plaintiff Rosanna L. Miller. (Kalis, Owen)
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Filing 43
RESPONSE in Opposition re #22 MOTION for Summary Judgment filed by Plaintiff Rosanna L. Miller. (Kalis, Owen)
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Filing 42
RESPONSE in Opposition re #11 MOTION to Dismiss filed by Plaintiff Rosanna L. Miller. (Kalis, Owen)
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Filing 41
ORDER setting Briefing Schedule and GRANTING #33 and #34 Motions for Extensions; GRANING IN PART #35 Motion for Extension of Time continuing the Preliminary Injunction Hearing. Motion Hearing for Preliminary Injunction reset for 4/11/2022 09:30 AM in Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 2/15/2022. (cw)
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Filing 40
AMENDED DOCUMENT to #36 NOTICE by Defendant Mt. Carmel Medical Group. . (Attachments: #1 Exhibit Exhibit A) (Endicott, Samuel) Added link to entry on 2/14/2022 (er).
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Filing 39
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #36 Notice (Other) filed by Mt. Carmel Medical Group, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #36 Notice (Other) filed by Mt. Carmel Medical Group as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 2/15/2022. (jlk)
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Filing 37
NOTICE of Proposed Entry re Motion for Extension by Plaintiff Rosanna L. Miller (Kalis, Owen) Modified text on 2/14/2022 (jlk).
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Filing 36
NOTICE by Defendant Mt. Carmel Medical Group re #35 MOTION for Extension of Time New date requested 4/18/2022. (Attachments: #1 Exhibit Exhibit A) (Endicott, Samuel)
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Filing 35
MOTION for Extension of Time New date requested 4/18/2022. by Plaintiff Rosanna L. Miller. (Kalis, Owen)
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Filing 34
MOTION for Extension of Time to File Response/Reply New date requested 2/28/2022. by Plaintiff Rosanna L. Miller. (Kalis, Owen)
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Filing 33
MOTION for Extension of Time to File Response/Reply to #22 Motion for Summary Judgment. New date requested 2/28/2022. by Plaintiff Rosanna L. Miller. (Kalis, Owen) Modified text on 2/14/2022 (jlk).
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Filing 32
NOTICE by Plaintiff Rosanna L. Miller (Kalis, Owen)
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Filing 31
NOTICE of Appearance by Owen David Kalis for Plaintiff Rosanna L. Miller (Kalis, Owen)
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Filing 30
Transcript of Status Conference Proceedings held on January 14, 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 2/22/2022. Redacted Transcript Deadline set for 3/3/2022. Release of Transcript Restriction set for 5/2/2022. (Evans, Shawna)
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Set/Reset Deadlines as to #22 Orthodpedic One's MOTION for Summary Judgment , #11 Cornerstone Therapy's MOTION to Dismiss . Responses due by 2/11/2022 Replies due by 2/18/2022. (sem)
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Set/Reset Deadlines as to #14 Ohio Civil Rights Commission's MOTION to Dismiss. Response due by 2/18/2022 Reply due by 2/25/2022. (sem)
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Filing 29
ORDER denying #23 Plaintiff's Motion for Emergency Preliminary Injunction or Temporary Restraining Order for ADA Accommodations. Preliminary Injunction Hearing set for 3/4/2022 09:30 AM in Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 1/24/22. (sem)(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 28
RESPONSE to Motion re #23 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order . Defendant Cornerstone Physical Therapys Memorandum in Opposition to Plaintiffs Emergency Motion for Preliminary Injunction or Temporary Restraining Order filed by Defendant Cornerstone Therapy. (Attachments: #1 Exhibit A) (Pressley, Fred)
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Filing 27
RESPONSE to Motion re #23 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Defendant Orthopedic One. (Sewards, Frederick)
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Filing 26
RESPONSE in Opposition re #23 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Defendant Mt. Carmel Medical Group. (Attachments: #1 Exhibit Executive Order, #2 Exhibit Director's Order regarding Surgeries, #3 Exhibit Director's Stay At Home Order, #4 Exhibit Hettinger Declaration, #5 Exhibit Poston Declaration, #6 Exhibit Moore Declaration) (Endicott, Samuel)
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Set/Reset Deadlines as to #22 MOTION for Summary Judgment pursuant to 1/4/2022 Oral Motion to Amend and Notation Order granting said Oral Motion: Responses due by 2/7/2022. (agm)
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Set/Reset Columbus PPTO Deadlines pursuant to 1/4/2022 Oral Motion to Amend and Notation Order granting said Oral Motion: Settlement Demand due by 2/10/2022. Response to Settlement Demand due by 2/24/2022. (agm)
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Filing 25
NOTATION ORDER granting Motion to Amend. Joinder of Parties due by 2/11/2022. Motions to Amend due by 2/11/2022. By Magistrate Judge Chelsey M. Vascura on 1/4/2022. (agm)
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Filing 24
ORDER Setting 65.1 Conference on Motion #23 MOTION for Temporary Restraining Order: Motion Hearing set for 1/14/2022 03:00 PM in GoToMeeting before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 1/4/2022. (cw)(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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ORAL MOTION to Amend Case Schedule by Plaintiff Rosanna L. Miller. (agm)
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Filing 23
MOTION for Preliminary Injunction by Plaintiff Rosanna L. Miller. (Attachments: #1 Motion for Preliminay Injunction) (Miller, Rosanna). Added MOTION for Temporary Restraining Order on 1/4/2022 (bjc).
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Filing 22
MOTION for Summary Judgment by Defendant Orthopedic One. (Sewards, Frederick)
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Filing 21
PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 1/11/2022. Motions to Amend due by 1/11/2022. Settlement Demand due by 1/10/2022. Response to Settlement Demand due by 1/24/2022. Motions due by 12/17/2021. Mediation Deadline: 7/2022. Signed by Magistrate Judge Chelsey M. Vascura on 12/3/2021. (daf)(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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Statistical Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 12/3/2021. (agm)
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Filing 20
RULE 26(f) REPORT OF THE PARTIES by Defendant Cornerstone Therapy. (Pressley, Fred)
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Filing 19
NOTICE of Hearing: Initial Conference set for 12/3/2021 01:30 PM in Teleconference before Magistrate Judge Chelsey M. Vascura. (agm)(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 18
ORDER denying without prejudice #17 Motion Second MOTION Subpoena Duces Tecum and Injunctive Reliefex. Signed by Magistrate Judge Chelsey M. Vascura on 11/4/2021. (daf)(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 17
Second MOTION Subpoena Duces Tecum and Injunctive Reliefex by Plaintiff Rosanna L. Miller. (Miller, Rosanna)
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Filing 16
ORDER granting #15 Plaintiff's Motion for Leave to E-File. Signed by Magistrate Judge Chelsey M. Vascura on 10/12/21. (sem)(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 15
MOTION for Leave to E-File by Plaintiff Rosanna L. Miller. (jlk)
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Filing 14
MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 9/24/2021), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Remand to State Court Ohio Rev. Code 4112.06 Request for Judicial Review by Defendants Ohio Civil Rights Commission, Melody Smith. (Kovach, Chelsey)
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Filing 13
REPLY to Response to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Mt. Carmel Medical Group. (Endicott, Samuel)
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Filing 12
RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Rosanna L. Miller. (jlk)
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Filing 11
MOTION to Dismiss by Defendant Cornerstone Therapy. (Pressley, Fred)
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Filing 9
Defendant Orthopedic One, Inc.'s ANSWER to #7 Complaint with Jury Demand filed by Orthopedic One. (Sewards, Frederick)
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Filing 8
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mt. Carmel Medical Group. (Endicott, Samuel)
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Filing 7
COMPLAINT with JURY DEMAND against Cornerstone Therapy, Mt. Carmel Medical Group, Ohio Civil Rights Commission, Orthopedic One, Melody Smith, filed by Rosanna L. Miller. (jlk)
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Filing 6
NOTICE by Defendant Mt. Carmel Medical Group of Filing the Notice of Removal with the State Court (Attachments: #1 Exhibit) (Endicott, Samuel)
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Filing 5
NOTICE of Appearance by Manuel Jose Asensio, III for Defendant Mt. Carmel Medical Group (Asensio, Manuel)
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Filing 4
NOTICE of Appearance by Manuel Jose Asensio, III for Defendant Mt. Carmel Medical Group (Asensio, Manuel)
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Filing 3
Corporate Disclosure Statement by Defendant Mt. Carmel Medical Group. (Endicott, Samuel)
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Filing 2
NOTICE of Appearance by Samuel E Endicott for Defendant Mt. Carmel Medical Group (Endicott, Samuel)
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Filing 1
NOTICE OF REMOVAL from Franklin County Court of Common Pleas, case number 21-cv-004058 ( Filing fee $ 402 paid - receipt number: AOHSDC-8408075), filed by Mt. Carmel Medical Group. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit Complaint, #4 Exhibit Summons, #5 Exhibit Process, Pleadings, Orders) (Endicott, Samuel)
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