Smith v. Montgomery County Sheriff's Office et al
| Billy M. Smith |
| Montgomery County Sheriff's Office, Paul Henson, Steven D Gardiner, Doug Kowalski and Mike Hild |
| 3:2010cv00448 |
| December 2, 2010 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Thomas M Rose |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
171
DEFICIENCY ORDER re 170 Notice of Appeal filed by Billy M. Smith.. Signed by Magistrate Judge Michael R Merz on 8/16/2013. (kf)
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Filing
168
ENTRY AND ORDER OVERRULING SMITHS OBJECTIONS (Doc. 158 ) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS REGARDING SMITHS MOTION FOR EXTENSION OF TIME TO APPEAL; OVERRULING SMITHS OBJECTIONS (Doc. 164 ) TO THE MAGISTRATE JUDGES SUPPLEMENTAL REP ORT AND RECOMMENDATIONS REGARDING SMITHS MOTION FOR EXTENSION OF TIME TO APPEAL; OVERRULING SMITHS OBJECTIONS (Doc. 165 ) TO THEMAGISTRATE JUDGES REPORT AND RECOMMENDATIONS REGARDING SMITHS MOTION TO STRIKE; DENYING SMITHS MOTION FOR AN EXTENSION OF TIME TO APPEAL (Doc. 147 ) AND DENYING SMITHS MOTION TO STRIKE (Doc. 162 ). Signed by Judge Thomas M Rose on 8/1/2013. (kf)
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Filing
163
REPORT AND RECOMMENDATIONS - It is respectfully recommended that Plaintiff's Motion to Strike (Doc. No. 162) the Defendants' Response (Doc. No. 160) to Plaintiff's Objections (Doc. No. 158) to the Magistrate Judge's Report and Recommendations on the issue remanded by the Sixth Circuit be denied. Objections to R&R due by 7/11/2013. Signed by Magistrate Judge Michael R Merz on 6/24/2013. (kpf1)
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Filing
159
RECOMMITTAL ORDER - This case is before the Court on Petitioner's Objections (Doc. No. 158 ) to the Magistrate Judge's Report and Recommendations (Doc. No. 157 ). The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly,pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a upplemental report analyzing the Objections and Response and makingrecommendations based on that analysis. Signed by Judge Thomas M Rose on 6/6/2013. (kf)
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Filing
157
REPORT AND RECOMMENDATIONS re 147 MOTION for Extension of Time to File filed by Billy M. Smith. The Magistrate Judge confesses error in his prior conclusory finding of good cause. Mr. Smith has demonstrated neither good cause nor excusable neglect and his Motion for Extension of Time to Appeal should be denied. Objections to R&R due by 6/3/2013. Signed by Magistrate Judge Michael R Merz on 5/17/2013. (kf)
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Filing
154
ORDER - It is hereby ORDERED: 1. That portion of the Decision and Deficiency Order of February 11, 2013, granting Plaintiff's Motion for Extension of Time to Appeal is VACATED; 2. The Clerk shall restore that Motion to the pending motions list i n the CM/ECF system; and 3. Defendants shall respond to the Motion for Extension of Time not later than April 22, 2013. (Plaintiff will then be permitted the standard time allowed under S. D. Ohio Civ. R. 7.2 17 days to file a reply in support.) Signed by Magistrate Judge Michael R Merz on 3/28/2013. (kpf1)
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Filing
152
ENTRY AND ORDER OVERRULING SMITHS OBJECTIONS (Doc. 150 ) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS REGARDING RELIEF FROM JUDGMENT ANDADOPTING THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS (Doc. 145 ) REGARDING RELIEF FROM JUDGMENT. Signed by Judge Thomas M Rose on 2/28/2013. (kf)
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Filing
145
REPORT AND RECOMMENDATIONS re 144 MOTION for Relief from Judgment re 143 Judgment filed by Billy M. Smith - Smith has not shown excusable neglect nor that he presented evidence in opposition to Defendants motions for summary judgment which created material issues for trial. He certainly has not shown Defendants would not be prejudiced by granting his Motion for Relief from Judgment. That Motion should be denied. Objections to R&R due by 2/19/2013. Signed by Magistrate Judge Michael R Merz on 01/30/13. (pb1)(Smith)
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Filing
142
ORDER ADOPTING REPORT AND RECOMMENDATIONS - re 138 - It is therefore ORDERED that Defendant Douglas Kowalski's Motion for Summary Judgment, (Doc. 100 ), be granted; Defendants Montgomery County Sheriff's Office, Michael L. Hild, Jr.' ;s, Paul Hensons, and Steven Gardiner's Motion for Summary Judgment, (Doc. 101 ), be granted; Plaintiff's Motions for Partial Summary Judgment Against Defendants Henson, (Doc. 110 ), Kowalski, (Doc. 111 ), Montgomery County Sheriff's Office, (Doc. 112 ), Gardiner, (Doc. 121 ), and Hild, (Doc. 122 ), be denied. The Clerk shall enter judgment dismissing the Complaint with prejudice. Signed by Judge Thomas M Rose on 12/10/12. (kje1)
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Filing
140
ORDER DENYING STAY OF PROCEEDINGS FOR SCREENING - Plaintiff's Motion for Screening by the Volunteer Lawyers' Project and a Stay of Proceedings until that screening is complete (Doc. No. 139) is denied. Signed by Magistrate Judge Michael R Merz on 10/11/2012. (kpf1)
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Filing
138
REPORT AND RECOMMENDATIONS - It is respectfully recommended that (1) Defendant Douglas Kowalski's Motion for Summary Judgment, (Doc. 100), be granted;(2) Defendants Montgomery County Sheriff's Office, Michael L. Hild, Jr.'s, Paul Henso n's, and Steven Gardiners Motion for Summary Judgment, (Doc. 101), be granted; (3) [Plaintiff's] Motion for Partial Summary Judgment Against Defendant Henson, (Doc. 110), be denied; (4) [Plaintiff's] Motion for Partial Summary Judgmen t against Defendant Kowalski, (Doc. 111), be denied; (5) [Plaintiff's] Motion for Partial Summary Judgment against Defendant Montgomery County Sheriff's Office, (Doc. 112), be denied; (6) [Plaintiff's] Motion for Partial Summary Judgme nt against Defendant Gardiner, (Doc. 121), be denied; and (7) [Plaintiff's] Motion for Partial Summary Judgment against Defendant Hild, (Doc. 122), be denied. Objections to R&R due by 10/26/2012. Signed by Magistrate Judge Michael R Merz on 10/9/2012. (kpf1)
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Filing
137
DECISION AND ORDER denying 127 Motion for Leave to Amend and Supplement Complaint. Signed by Magistrate Judge Michael R Merz on 9/13/12. (kje1)
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Filing
120
DECISION AND ORDER ON RECONSIDERATION - This case is before the Court on Plaintiff's Motion in Opposition to the Court's Decision and Order (Doc. No. 119 ). Having reconsidered the prior Order in light of the Motion, the prior Order (Doc . No. 115 ) is VACATED and Plaintiff is granted leave to file partial summary judgment motions against Defendant Gardiner and Hild. The filing shall be accomplished by the Clerk's detaching the two motions from Doc. Nos. 113 and 114 , respectively, and filing the Motions. Those two Defendants shall have until August 6, 2012, to file responsive memoranda. Signed by Magistrate Judge Michael R Merz on 7/12/2012. (sc1)
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Filing
104
(AMENDED) ORDER TO PRO SE PLAINTIFF UPON FILING OF A MOTION FOR SUMMARY JUDGMENT (RE 103 ) - You are hereby notified that Defendant Douglas Kowalski and Defendants Steven Gardiner, Paul Henson, Mike Hild and Montgomery County Sheriff's Office f iled with the Court on June 1, 2012, a motion for summary judgment in this case (Docs 101 and 102 ). You should receive a copy of each motion directly from Defendant Douglas Kowalski and Defendants Steven Gardiner, Paul Henson, Mike Hild and Montgom ery County Sheriff's Office. Under the rules of this Court (S.D. Ohio L.R. 7.2) you are allowed twenty-one days from the date of service (June 1, 2012) within which to file a response to each motion, plus an extra three days because of the way t he motions were sent to you. Your response toeach motion must be filed with the Court not later than June 25, 2012. Signed by Magistrate Judge Michael R Merz on 6/4/2012. (PER CHAMBERS AMENDED TO CORRECT DOCUMENT NUMBERS ORDER IS TO BE LINKED TO). (kje1)
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Filing
95
DECISION AND ORDER. Accordingly, each party's amended witness list is STRICKEN except as to Bill Couch, Jim Burke, Don Williams, and Christopher Ludwick who have been identified buy Plaintiff and at least one Defendant. To the extent any party seeks to add any other name to his witness list who was not identified by the due date of November 1, 2011, that party must seek leave of court. Signed by Magistrate Judge Michael R Merz on 5/21/12. (kje1)
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Filing
88
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL - All additional discovery ordered shall be furnished to Plaintiff with a copy filed with the Court not later than March 30, 2012. Signed by Magistrate Judge Michael R Merz on 3/14/2012. (kpf1)
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Filing
85
ORDER granting Leave to Propound Additional Interrogatories on 80 Motion ; granting 81 Motion ; granting 82 Motion ; granting 83 Motion ; granting 84 Motion. Signed by Magistrate Judge Michael R Merz on 02/28/2012. (kf)
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Filing
78
DECISION AND ORDER DENYING WITHOUT PREJUDICE 76 PLAINTIFF'S MOTION FOR ISSUANCE OF SUBPOENAS DUCES TECUM. Signed by Magistrate Judge Michael R Merz on 2/1/12. (cib1)
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Filing
72
DECISION AND ORDER DENYING MOTIONS TO COMPEL 70 and 71 . Signed by Magistrate Judge Michael R Merz on 12/20/2011. (mdf1)
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Filing
58
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 56 Report and Recommendations. - Accordingly, it is ORDERED that Plaintiff's claims against Montgomery County, Ohio are DISMISSED with prejudice as barred by the statute of limitations. Signed by Judge Thomas M Rose on 08/23/11. (pb1)
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Filing
46
ORDER - This case is before the Court on Motion of Defendants Detective Doug Kowalski, Montgomery County Sheriff's Office, Lieutenant Michael L. Hild, Jr., Detective Paul D. Henson, and Detective Steven Gardiner for Exemption from the Courts Ord er for Discovery Conference (Doc. No. 45). As the Defendants correctly point out, they are exempt from the initial disclosure requirements of Fed. R. Civ. P. 26(a) because Plaintiff is a person described in Fed. R. Civ. P. 26(a)(1)(B)(iv). According ly, all parties are excused from participating in a discovery planning conference under Fed. R. Civ. P. 26(f). Instead, any party may submit to the Court in writing a proposed schedule for the events to be held in the case (e.g., deadlines for amendment of pleadings, discovery cut-off, summary judgment motions, and trial). Signed by Magistrate Judge Michael R Merz on 7/25/2011. (kpf1)
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Filing
41
DECISION AND ORDER - If Plaintiff can show some genuine conflict of interest as regards any particular attorney, the Court will consider removing him or her. But in the absence of such a showing, Plaintiff's Motion Opposing Representation of Def endants Montgomery County Sheriff's Office, Paul Henson, and Montgomery County, Ohio, by the Assistant County Prosecuting Attorneys John Cumming and Victoria Watson (Doc. No. 40) is denied. Signed by Magistrate Judge Michael R Merz on 7/8/2011. (kpf1)
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Filing
30
DECISION AND ORDER - Plaintiff's time to make service of process on Defendants Steven Gardiner and Michael Hild is extended to and including July 10, 2011. Signed by Magistrate Judge Michael R Merz on 6/23/2011. (kpf1)
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Filing
12
ORDER REGARDING AMENDED COMPLAINT AND ADDITION OF A PARTY DEFENDANT - This case is before the Court on Plaintiff's Motion for Leave to File an Amended and Supplemented Complaint and to add Montgomery County, Ohio, as a defendant (Doc. No. 9). Be cause no answer has been filed in the case, Plaintiff does not need leave of court to amend. Accordingly, it is hereby ordered that the Clerk detach the proposed amended complaint from the Motion and file it separately. The request for joinder of Mon tgomery County is granted without prejudice to a determination, once the Montgomery County Board of County Commissioners has been served with process, of whether it is a proper defendant in this case in that the sued individual Defendants are employees of the Montgomery County Sheriff, an independently elected public official. Signed by Magistrate Judge Michael R Merz on 3/23/2011. (kpf1)
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