Caldwell v. Knox Energy Cooperative Association, Inc.
Plaintiff: Joseph G. Caldwell
Defendant: Knox Energy Cooperative Association, Inc.
Case Number: 2:2021cv05079
Filed: October 19, 2021
Court: US District Court for the Southern District of Ohio
Presiding Judge: Kimberly A Jolson
Referring Judge: Edmund A Sargus
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2022 Opinion or Order Filing 35 MOTION for Attorney Fees [Defendant's Motion for Attorneys' Fees] by Defendant Knox Energy Cooperative Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (McClellan, Rand)
June 16, 2022 Opinion or Order Filing 34 USCA Case Number 22-3534 for #33 Notice of Appeal filed by Joseph G. Caldwell. (pb)
June 7, 2022 Opinion or Order Filing 33 NOTICE OF APPEAL (Filing fee has been paid, receipt number AOHSDC-8899018) by Plaintiff Joseph G. Caldwell. (Fusonie, Thomas)
May 10, 2022 Opinion or Order Filing 32 CLERK'S JUDGMENT. Signed by deputy Clerk on 5/10/2022. (cmw)
May 10, 2022 Opinion or Order Filing 31 ORDER granting #13 Defendant's Motion to Dismiss Plaintiff's claim filed under 42 U.S.C. 1983. The Court further DISMISSES WITHOUT PREJUDICE to refiling in state court Plaintiffs claim of trespass. Signed by Judge Edmund A. Sargus on 5/10/2022. (cmw)
April 27, 2022 Opinion or Order Filing 30 RESPONSE in Opposition re #28 MOTION for Joinder filed by Plaintiff Joseph G. Caldwell. (Attachments: #1 Exhibit A to Memorandum in Opposition, #2 Exhibit B to Memorandum in Opposition) (LaRocco, Christopher)
April 19, 2022 Opinion or Order Filing 29 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 June 2022. 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 4/29/2022. (kk2)In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference.
April 12, 2022 Opinion or Order The Clerk's Office has received a manually filed flash drive. (tla)
April 7, 2022 Opinion or Order Filing 28 Defendant's Motion Seeking Leave to Join Utility Pipeline, Ltd. as an Additional Defendant by Defendant Knox Energy Cooperative Association, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (jr)
April 7, 2022 Opinion or Order Filing 27 NOTATION ORDER: For good cause shown, Defendant's Motion for Leave to File Motion to Join Utility Pipeline, Ltd. As An Additional Defendant (Doc. #25 ) is GRANTED. The Clerk is DIRECTED to file (Doc. 25-1) as Defendant's Motion to Join Utility Pipeline, Ltd. As An Additional Defendant in this matter. Further, Defendant's Motion for Leave to File Physical Evidence (Doc. #26 ) is GRANTED. Defendant is ORDERED to file its physical evidence with the Court within seven (7) days of the date of this Order. Signed by Magistrate Judge Kimberly A. Jolson on 4/7/22. (jr)
April 6, 2022 Opinion or Order Filing 26 MOTION for Leave to File [Defendant's Motion for Leave to File Physical Evidence] by Defendant Knox Energy Cooperative Association, Inc.. (Attachments: #1 Text of Proposed Order) (McClellan, Rand)
April 6, 2022 Opinion or Order Filing 25 MOTION for Leave to File [Defendant's Motion for Leave to File Motion for Leave to Join Utility Pipeline, Ltd. as an Additional Defendant] by Defendant Knox Energy Cooperative Association, Inc.. (Attachments: #1 Exhibit 1 - Defendant's Motion Seeking Leave to Join Utility Pipeline, Ltd. as an Additional Defendant, #2 Exhibit A to Exhibit 1, #3 Exhibit B to Exhibit 1, #4 Exhibit C to Exhibit 1, #5 Exhibit D to Exhibit 1, #6 Exhibit E to Exhibit 1, #7 Exhibit F to Exhibit 1, #8 Exhibit G to Exhibit 1, #9 Text of Proposed Order, #10 Text of Proposed Order) (McClellan, Rand)
February 18, 2022 Opinion or Order Filing 24 REPLY to Response to Motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction Reply in Support filed by Defendant Knox Energy Cooperative Association, Inc.. (McClellan, Rand)
February 18, 2022 Opinion or Order Filing 23 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 April 2022. 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 2/28/2022. (kk2)In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference.
February 10, 2022 Opinion or Order Filing 22 NOTATION ORDER granting #21 MOTION for Extension of Time to File Reply as to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction. Replies due by 2/18/2022. By Magistrate Judge Kimberly A. Jolson on 2/10/22. (jr)
February 9, 2022 Opinion or Order Filing 21 MOTION for Extension of Time to File Response/Reply as to #20 Response in Opposition to Motion New date requested 2/18/2022. [Defendant's Unopposed Motion for Extension of Time to Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss] by Defendant Knox Energy Cooperative Association, Inc.. (Attachments: #1 Text of Proposed Order) (McClellan, Rand)
January 28, 2022 Opinion or Order Filing 20 RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction filed by Plaintiff Joseph G. Caldwell. (LaRocco, Christopher)
January 24, 2022 Opinion or Order Filing 19 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 1/24/2022. (kk2)
January 21, 2022 Opinion or Order Filing 18 MOTION for Protective Order [Joint Motion for Stipulated Protective Order] by Defendant Knox Energy Cooperative Association, Inc.. (Attachments: #1 Text of Proposed Order) (McClellan, Rand)
January 18, 2022 Opinion or Order Filing 17 NOTATION ORDER granting #16 Motion for Extension of Time. Response to motion to dismiss due by 1/28/22. Signed by Magistrate Judge Kimberly A. Jolson on 1/18/22. (jr)
January 18, 2022 Opinion or Order Set/Reset Deadlines as to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction. Responses due by 1/28/2022 (jr)
January 14, 2022 Opinion or Order Filing 16 Unopposed MOTION for Extension of Time New date requested 1/28/2022. by Plaintiff Joseph G. Caldwell. (Attachments: #1 Text of Proposed Order) (LaRocco, Christopher)
December 28, 2021 Opinion or Order Filing 15 ORDER granting #14 MOTION for Extension of Time to File Response/Reply re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction - Responses due by 1/21/2022. Signed by Magistrate Judge Kimberly A. Jolson on 12/28/2021. (kk2)
December 23, 2021 Opinion or Order Filing 14 Unopposed MOTION for Extension of Time New date requested 1/21/2022. by Plaintiff Joseph G. Caldwell. (Attachments: #1 Text of Proposed Order) (LaRocco, Christopher) Modified filing event on 12/28/2021 (kk2)
December 17, 2021 Opinion or Order Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction by Defendant Knox Energy Cooperative Association, Inc.. (Attachments: #1 Exhibit A - SR104 PIO Request) (McClellan, Rand)
December 14, 2021 Opinion or Order Filing 12 MEMORANDUM OF FIRST PRETRIAL CONFERENCE: Venue and Jurisdiction Deadline due by 3/18/2022. Joinder of Parties due by 1/28/2022. Motions to Amend due by 1/28/2022. Initial Disclosures due by 12/22/2021. Discovery due by 10/4/2022. Clawback Agreement Deadline due by 1/21/2022. Dispositive motions due by 11/4/2022. Primary Expert due by 7/8/2022. Rebuttal Expert due by 8/8/2022. Settlement Demand due by 3/16/2022. Response to Settlement Demand due by 4/1/2022. Mediation Deadline: 4/2022. Signed by Magistrate Judge Kimberly A. Jolson on 12/14/2021. (daf)
December 14, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Initial Pretrial Conference held on 12/14/2021. (jr)
December 7, 2021 Opinion or Order Filing 10 RULE 26(f) REPORT OF THE PARTIES filed by Plaintiff Joseph G. Caldwell. (LaRocco, Christopher)
November 23, 2021 Opinion or Order Filing 9 NOTATION ORDER granting #8 Defendant Knox Energy Cooperative Association's Unopposed Motion for an Extension of Time to Move or Plead. Knox Energy Cooperative Association, Inc. answer due 12/17/2021. Signed by Magistrate Judge Kimberly A. Jolson on 11/23/21. (jr)
November 22, 2021 Opinion or Order Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 12/17/2021. [Defendant Knox Energy Cooperative Association's Unopposed Motion for an Extension of Time to Move or Plead] by Defendant Knox Energy Cooperative Association, Inc.. (McClellan, Rand)
November 22, 2021 Opinion or Order Filing 7 Corporate Disclosure Statement by Defendant Knox Energy Cooperative Association, Inc.. (McClellan, Rand)
November 22, 2021 Opinion or Order Filing 6 NOTICE of Substitution of Counsel - Rand L McClellan substituting for Robert T. Razzano as to Defendant Knox Energy Cooperative Association, Inc.. (McClellan, Rand)
November 2, 2021 Opinion or Order Filing 5 NOTICE of Hearing: Pretrial Conference set for 12/14/2021 10:45 AM in Teleconference before Magistrate Judge Kimberly A. Jolson. (jr)
November 2, 2021 Opinion or Order Set/Reset Deadlines: Knox Energy Cooperative Association, Inc. answer due 12/8/2021. (daf)
November 1, 2021 Opinion or Order Filing 4 STIPULATION OF EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD by Plaintiff Joseph G. Caldwell. (LaRocco, Christopher)
October 25, 2021 Opinion or Order Filing 3 Summons Issued as to Knox Energy Cooperative Association, Inc.. (daf)
October 21, 2021 Opinion or Order Filing 2 REQUEST for Issuance of Summons. (Fusonie, Thomas)
October 19, 2021 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against Knox Energy Cooperative Association, Inc. ( Filing fee $ 402 paid - receipt number: AOHSDC-8549267), filed by Joseph G. Caldwell. (Attachments: #1 Summons Form, #2 Civil Cover Sheet) (Fusonie, Thomas) (Attachment 2 replaced on 10/20/2021) (daf).

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Plaintiff: Joseph G. Caldwell
Represented By: Thomas Howard Fusonie
Represented By: Christopher A. LaRocco
Represented By: Daniel E Shuey
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Defendant: Knox Energy Cooperative Association, Inc.
Represented By: Rand L McClellan
Represented By: Robert Thomas Razzano
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