Gillispie v. Miami Township et al
Plaintiff: Roger Dean Gillispie
Defendant: Miami Township, Matthew Scott Moore, Tim Wilson, Thomas Angel, Marvin Scothorn, John DiPitreo, Unidentified Members of the Miami Township Police Department, Montgomery County Ohio, Kenneth M Betz, Denise Rankin, Ralph Nickoson, Unidentified Employees of the Miami Valley Regional Crime Lab, General Motors Company, Richard Wolfe, Keith Stapleton, Robert Miller, David Burke, Robert Burke, Unidentified Employees of General Motors Company and Stephen Gray
Case Number: 3:2013cv00416
Filed: December 13, 2013
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael R Merz
Presiding Judge: Thomas M Rose
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 2, 2022 Opinion or Order Filing 322 ENTRY AND ORDER GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFF'S MOTION FOR LEAVE TO CONDUCT ADDITIONAL LIMITED DISCOVERY ON THE BASIS OF THE NEWLY DISCLOSED GRAND JURY TRANSCRIPTS, TO SET A DEADLINE FOR RECONSIDERATION OF SUMMARY JUDGMENT WITH RESPECT TO DEFENDANTS WOLFE AND MIAMI TOWNSHIP FOLLOWING THAT DISCOVERY, AND, IN THE ALTERNATIVE, TO PROVIDE PLAINTIFF LEAVE FOR FILING A MOTION FOR RECONSIDERATION IF LIMITED ADDITIONAL DISCOVERY IS NOT PERMITTED (DOC. NO. 312 ) The Court g rants Gillispie leave to conduct additional, limited discovery, as set forth in the CONCLUSION section below, but the Court denies Gillispie leave to file a motion for reconsideration of its summary judgment ruling. Pursuant to 28 U.S.C. §& #167; 636(b)(1)(A), (B), and (C), and § 636(b)(3), the case is hereby REFERRED to United States Magistrate Judge Caroline H. Gentry until the close of the additional discovery period, at which time the referral will automatically expire. Fina lly, the Court sets the following schedule: Cut-off date for filing motions in limine with respect to trial testimony or exhibits August 1, 2022; Cut-off date for filing the parties joint proposed final pretrial order: September 28, 2022; Trial e xhibits to be exchanged by: October 5, 2022; Deadline for filing transcripts of depositions with designations of testimony to be used: October 7, 2022; Cut-off date for filing (and submitting to chambers by email) proposed jury instructions, proposed special verdicts or interrogatories, and a joint statement of the case (which must be consistent with the joint proposed final pretrial order): October 14, 2022;Deadline for filing objections to designated deposition testimony and for filing counte r-designations of deposition testimony: October 21, 2022; Deadline for filing objections to designated counter-designations of deposition testimony: October 26, 2022; Trial exhibits to be delivered to the courtroom deputy by: November 2, 2022. Stat us Conference set for 7/6/2022 at 10:00 AM by Teleconference before Judge Thomas M. Rose. Final Pretrial Conference set for 10/13/2022 at 1:30 PM in Chambers before Judge Thomas M. Rose. Jury Trial set for 11/7/2022 at 9:00 AM in Courtroom 2 - Dayton before Judge Thomas M. Rose. Signed by Judge Thomas M. Rose on 5/2/2022. (bjr)
November 13, 2020 Opinion or Order Filing 302 ORDER granting 300 Motion to Dismiss. This Court GRANTS the motion, and DISMISSES, WITHOUT PREJUDICE, the claims filed against Defendants General Motors, LLC f/k/a General Motors Company and NGMCO, Inc.; Motors Liquidation Company f/k/a General Motors Corporation; Keith Stapleton; David Burke; and Robert Burke. Signed by Judge Thomas M. Rose on 11-13-2020. (de)
September 21, 2020 Opinion or Order Filing 298 ENTRY AND ORDER (1) GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT RICHARD WOLFE'S MOTION FOR SUMMARY JUDGMENT 171 ; (2) GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT MATTHEW SCOTT MOORE'S MOTION FOR SUMMARY JUDGMENT 257 ; (3) GR ANTING, IN PART, AND DENYING, IN PART, DEFENDANT MIAMI TOWNSHIP OHIO'S MOTION FOR SUMMARY JUDGMENT 260 ; AND (4) DENYING PLAINTIFF'S MOTION TO STRIKE NEW SUMMARY JUDGMENT MATERIALS FILED FOR THE FIRST TIME IN REPLY 284 . Signed by Judge Thomas M. Rose on 9-18-2020. (de)
July 23, 2020 Opinion or Order Filing 297 NOTICE- The discovery phase of this case has ended. No discovery motions or other matters referred to the undersigned Judicial Officer remain pending. The case is presently set for further proceedings, including trial, before United States District J udge Thomas M. Rose. The Clerk of Court is directed to note in the record that: 1. Referral of this case to the undersigned Judicial Officer has expired; and 2. No motions or other matters in this case remain pending before the undersigned Judicial Officer. Signed by Magistrate Judge Sharon L. Ovington on 7/23/2020. (kma)
April 23, 2020 Opinion or Order Filing 296 ENTRY AND ORDER OVERRULING OBJECTIONS 295 TO THE MAGISTRATE JUDGES ORDER 294 , BUT GRANTING MOTION WITHIN OBJECTIONS FOR EXTENSION OF DEADLINES 295 . The Court GRANTS Defendants' motion to extend certain deadlines established in the Magistr ate Judge's Order 294 . Therefore, the deadline for Defendants'rebuttal expert disclosures is extended to June 1, 2020, and the deadline for discovery related to Dr. Miller's report and any rebuttal expert witness is extended to June 30, 2020. Signed by Judge Thomas M. Rose on 4-23-2020. (de)
April 2, 2020 Opinion or Order Filing 294 ORDER- IT IS THEREFORE ORDERED THAT: 1. Plaintiffs Motion for Leave to Disclose Additional Expert Report (Doc. # 283 ) is GRANTED; 2. The deadline for Defendants rebuttal expert disclosures is extended to May 1, 2020; and 3. The deadline for discovery related to Dr. Millers report and any rebuttal expert witness is extended to May 27, 2020. Signed by Magistrate Judge Sharon L. Ovington on 4/2/2020. (kma)
July 1, 2019 Opinion or Order Filing 217 ENTRY AND ORDER ADOPTING, IN PART, REPORT AND RECOMMENDATIONS (DOC. 191 ); OVERRULING, IN PART, PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE'S RECOMMENDATION THAT DEFENDANT MIAMI TOWNSHIP'S SUPPLEMENTAL MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS BE GRANTED, AND THAT DEFENDANT MILLER BE DISMISSED (DOC. 195 ); OVERRULING OBJECTIONS BY DEFENDANTS MOORE (DOC. 194 ) AND WOLFE (DOC. 196 );GRANTING DEFENDANT ROBERT MILLERS MOTION TO DISMISS (DOC. 117 ) AND DISMISSING ALL COUNTS AGAIN ST DEFENDANT ROBERT MILLER; DENYING DEFENDANTS MOORE AND WOLFES JOINT MOTION FOR JUDGMENT ON THE PLEADINGS ON COUNTS VII AND VIII (DOC. 121 ); DENYING DEFENDANT WOLFE'S RENEWED MOTION TO DISMISS (DOC. 131 ); AND, DENYING MIAMI TOWNSHIP'S SUPPLEMENTAL MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS (DOC. 123 ). Signed by Judge Thomas M. Rose on 7/1/19. (ep)
June 25, 2019 Opinion or Order Filing 216 ENTRY AND ORDER OVERRULING GILLISPIE'S OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THAT PLAINTIFF'S MOTION TO PERMIT DISCLOSURE OF GRAND JURY TESTIMONY BE DENIED WITHOUT PREJUDICE TO RENEWAL 197 , ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 192 , AND DENYING WITHOUT PREJUDICE TO RENEWAL PLAINTIFF'S MOTION TO PERMIT DISCLOSURE OF GRAND JURY TESTIMONY 163 . Signed by Judge Thomas M. Rose on 6-25-2019. (de)
May 1, 2019 Opinion or Order Filing 192 REPORT AND RECOMMENDATION: Plaintiff's Motion to Permit Disclosure of Grand Jury Testimony (Doc. # 163 ) be DENIED without prejudice to renewal. Objections to R&R due by 5/15/2019. Signed by Magistrate Judge Sharon L. Ovington on 5/1/2019. (lk)
December 29, 2017 Opinion or Order Filing 116 DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on December 8, 2017 (Doc. # 115 ) is ADOPTED in full; 2. Plaintiffs Motion to Lift Stay (Doc. 98 ) is DENIED, in part, as to GM Defendants, and GRANTED, in pa rt, as to theremaining Defendants; 3. Defendant New GMs Motion to Continue Stay (Doc. # 103 ) is GRANTED, in part, as to GM Defendants, and DENIED, in part, as to the remaining Defendants; 4. The Stay (Doc. # 74 ) is lifted as to Plaintiffs claims against all non-GM Defendants; and 5. Parties, excluding GM Defendants, are ordered to submit a Fed. R. Civ. P. 26(f) Report by January 11, 2018. Signed by Judge Thomas M. Rose on 12/29/17. (pb)
December 8, 2017 Opinion or Order Filing 115 REPORT AND RECOMMENDATIONS: Plaintiff's Motion to Lift Stay 98 be DENIED, in part, as to GM Defendants, and GRANTED, in part, as to the remaining Defendants; Defendant New GM's Motion to Continue Stay 103 be GRANTED, in part, as to GM D efendants, and DENIED, in part, as to the remaining Defendants; The Stay 74 be lifted as to Plaintiff's claims against all non-GM Defendants; and Parties, excluding GM Defendants, be ordered to submit an Fed. R. Civ. P. 26(f) Report. Objections to R&R due by 12/22/2017. Signed by Magistrate Judge Sharon L. Ovington on 12/8/2017. (lk)
December 1, 2015 Opinion or Order Filing 82 ORDER - The parties are ORDERED to advise the Court in writing not later than December 15, 2015, on their positions as to whether the stay should be dissolved at this time. Signed by Magistrate Judge Michael R. Merz on 12/1/2015. (kpf)
June 25, 2014 Opinion or Order Filing 74 DECISION AND ORDER ON MOTION TO STAY - Further proceedings herein are STAYED pending completion of Ohio court adjudication of Plaintiff's criminal case. The parties shall keep this Court currently informed of the status of those proceedings and of proceedings in the United States Bankruptcy Court for the Southern District of New York. So as not to create a misimpression that this Court is not attending to its business in a diligent manner, all pending motions (Doc. Nos. 47, 51, 53, 59, and 72) to the extent not decided herein are found to be MOOT without prejudice to their renewal upon the lifting of the stay. Signed by Magistrate Judge Michael R Merz on 6/24/2014. (kpf1)
May 28, 2014 Opinion or Order Filing 65 DECISION AND ORDER ON MOTION TO RECUSE - Defendants Miami Township,Matthew Scott Moore, Tim Wilson, Thomas Angel, Marvin Scothorn, John DiPietro, and Stephen Gray Motion to Recuse(Doc. No. 49) is DENIED. Signed by Magistrate Judge Michael R Merz on 5/28/2014. (kpf1)
May 7, 2014 Opinion or Order Filing 54 SCHEDULING ORDER ON MOTION TO RECUSE - It is hereby ORDERED that any party intending to file a response to the Motion for Recusal do so not later than May 16, 2014. Signed by Magistrate Judge Michael R Merz on 5/7/2014. (kpf1)
May 1, 2014 Opinion or Order Filing 50 DECISION AND ORDER - Motion of Defendant Tim Wilson to Quash Service (Doc. No. 29) is GRANTED. Motions of Defendants Matthew Scott Moore and Marvin Scothorn (Doc. Nos. 30 and 31) are found to be MOOT. Signed by Magistrate Judge Michael R Merz on 5/1/2014. (kpf1)
April 22, 2014 Opinion or Order Filing 46 ORDER - It is ORDERED, pursuant to S. D. Ohio Civ. R. 7.1.1(d), that any party which wishes to raise an issue of disqualification of the undersigned file a motion to that effect not later than May 1, 2014. Signed by Magistrate Judge Michael R Merz on 4/22/2014. (kpf1)
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Search for this case: Gillispie v. Miami Township et al
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Plaintiff: Roger Dean Gillispie
Represented By: Michele L. Berry
Represented By: Michael Kanovitz
Represented By: David B Owens
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Defendant: Miami Township
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Defendant: Matthew Scott Moore
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Defendant: Tim Wilson
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Defendant: Thomas Angel
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Defendant: Marvin Scothorn
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Defendant: John DiPitreo
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Defendant: Unidentified Members of the Miami Township Police Department
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Defendant: Montgomery County Ohio
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Defendant: Kenneth M Betz
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Defendant: Denise Rankin
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Defendant: Ralph Nickoson
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Defendant: Unidentified Employees of the Miami Valley Regional Crime Lab
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Defendant: General Motors Company
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Defendant: Richard Wolfe
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Defendant: Keith Stapleton
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Defendant: Robert Miller
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Defendant: David Burke
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Defendant: Robert Burke
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Defendant: Unidentified Employees of General Motors Company
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Defendant: Stephen Gray
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