Sherrod et al v. Williams et al
| Tressa Sherrod, John Crawford, Jr., JHC IV and JC |
| Sean C. Williams, David M. Darkow, Dennis Evers, City of Beavercreek, Ohio, Wal-Mart Stores, Inc., Wal-Mart Stores East, L.P. and Wal-Mart Store #2124 |
| 3:2014cv00454 |
| December 16, 2014 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| GREENE |
| Walter H Rice |
| Other Civil Rights |
| 28 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
398
ORDER SUSTAINING MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING WAL-MART'S ALLEGED FAILURE TO SECURE THE PELLET RIFLE OR WARN THAT IT COULD BE CONFUSED FOR A REAL RIFLE OF DEFENDANTS WAL-MART STORES, INC., WAL-MART STORES EA ST, L. P., AND WAL-MART STORE #2124 (DOC. # 389 ). Wal-Mart's Motion (Doc. # 389 ) is SUSTAINED. Plaintiffs may not offer evidence regarding any failure by Wal-Mart to secure the MK-177 or warn that the MK-177 may be mistaken for a real rifle prior to Mr. Crawford picking up and carrying the MK-177 in the store. Signed by Judge Walter H. Rice on 10/1/2024. (bjr)
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Filing
393
ORDER OVERRULING PLAINTIFFS' MOTION FOR RECONSIDERATION AND/OR CLARIFICATION REGARDING RONALD RITCHIE'S POTENTIAL FAULT (DOC. # 344 ), WITHOUT PREJUDICE TO RENEWAL AT THE CLOSE OF CASE-IN-CHIEF OF DEFENDANTS WALMART, INC., AND WAL-MART STORES EAST, L. P. Signed by Judge Walter H. Rice on 9/20/2024. (bjr)
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Filing
387
ORDER OVERRULING MOTION IN LIMINE PRECLUDE ARGUMENT OR EXPERT OPINION AS TO LACK OF TRAINING AND STAFFING AS WELL AS A STANDARD OF CARE FOR SECURING A MK-1 77 BB/AIR RIFLE OF DEFENDANTS WAL-MART STORES, INC., AND WAL-MART STORES EAST, L. P. (DOC. # 347 ) White may testify on the question of whether Wal-Mart adhered to the standard of care on training and staffing. Signed by Judge Walter H. Rice on 8/28/2024. (bjr)
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Filing
386
ORDER OVERRULING MOTION IN LIMINE to EXCLUDE EVIDENCE AND ARGUMENT REGARDING WAL-MART FAILING TO PROVIDE NOTICE AND/OR SIGNAGE THAT OHIO IS AN OPEN CARRY STATE OF DEFENDANTS WAL-MART STORES, INC., AND WAL-MART STORES EAST, L.P. (DOC. # 350 ) . Wal-Mart's Motion (Doc. # 350 ) is OVERRULEDWhite may testify on the question of whether Wal-Mart adhered to the standard of care on notice or signage as to Ohio being an open carry state. Signed by Judge Walter H. Rice on 8/27/2024. (bjr)
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Filing
343
ORDER - 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 Walter H. Rice. 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 Peter B. Silvain, Jr on 2/22/2023. (srb)
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Filing
338
DECISION AND ENTRY OVERRULING [DOC. 334] DEFENDANT WAL-MART STORES EAST, L.P.'S MOTION TO CERTIFY A STATE LAW QUESTION TO THE SUPREME COURT OF OHIO. Signed by Judge Walter H. Rice on 07/14/2021. (jmb)
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Filing
327
DECISION AND ENTRY SUSTAINING PLAINTIFFS ALTERNATIVE MOTION REQUESTING A RULE 54(b) CERTIFICATION ON THE WRONGFUL DEATH CLAIM (DOC. # 319 ); DIRECTING ENTRY OF FINAL JUDGMENT ON PLAINTIFFS WRONGFUL DEATH CLAIM AGAINST WAL-MART. Signed by Judge Walter H. Rice on 4/9/2021. (srb)
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Filing
326
DECISION AND ENTRY OVERRULING PLAINTIFFS' MOTION FOR RECONSIDERATION OF COURT'S RULING DISMISSING PLAINTIFFS' WRONGFUL DEATH CLAIM (DOC. # 319 ); OVERRULING WAL-MART'S MOTION FOR RECONSIDERATION ON SURVIVOR SHIP CLAIM (DOC. # [ 324]); CONFERENCE CALL SET FOR FEBRUARY 23, 2021, TO DISCUSS PLAINTIFFS' ALTERNATIVE MOTION REQUESTING RULE 54(b) CERTIFICATION (DOC. # 319 ) ON WRONGFUL DEATH CLAIM (COUNT 14) AND STAYING CASE PENDING APPEAL. Signed by Judge Walter H. Rice on 2/12/2021. (srb)
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Filing
318
ORDER GRANTING PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO FILE THEIR MOTION FOR RECONSIDERATION - Considering the Plaintiffs' Motion for Extension of Time to File Their Reconsideration, IT IS HEREBY ORDERED, ADJUDGED AND DECLARED that Plaintiffs are granted up to and including Tuesday, October 13, 2020 to file their Motion for Reconsideration. Signed by Judge Walter H. Rice on 10/1/2020. (srb)
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Filing
311
ORDER SETTING BRIEFING SCHEDULE - As discussed during the conference call held on May 8, 2020, Defendant Wal-Mart shall file a brief on the issue of apportionment vs. setoff of liability no later than June 5, 2020. Plaintiffs response brief shall be filed no later than June 22, 2020. Signed by Judge Walter H. Rice on 6/4/2020. (srb)
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Filing
308
DECISION AND ENTRY OVERRULING AS MOOT PLAINTIFFS MOTION OPPOSING WAL-MARTS REQUEST TO TAKE A SECOND DEPOSITION OF MELVIN TUCKER (DOC. # 302 ). Signed by Judge Walter H. Rice on 5/8/2020. (srb)
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Filing
306
ORDER GRANTING DEFENDANT WAL-MART STORES, INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME - IT IS ORDERED that Defendants shall have an additional one (1) week, up to and including May 1, 2020, in order to file a response to Plaintiff's Motion. Signed by Judge Walter H. Rice on 4/24/2020. (srb)
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Filing
293
ENTRY GRANTING MOTION FOR EXTENSION OF TIME - Upon Motion, and for good cause shown, Defendants Wal-Mart Stores, Inc., and Wal-Mart stores East, L.P. 's Motion for Extension of Time to file a Reply in Support of Motion in Limlne #8 is hereby GRANTED. Defendants shall file the Reply in Support to Motion in Limine #8 on or before July 5, 2019. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 7/1/2019. (srb)
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Filing
285
DECISION AND ENTRY VACATING THIS COURT'S ORDER OF FEBRUARY 8, 2019 (DOC. # 279 ), OVERRULING WITHOUT PREJUDICE PLAINTIFFS' MOTION IN LIMINE TO PRECLUDE ARGUMENT THAT RONALD RITCHIE WAS A LEGAL OR PROXIMATE CAUSE OF JOHN CRAWFORD'S DEATH (DOC. # 211 ), AND GRANTING WAL-MART LEA VE TO FILE A MOTION FOR SUMMARY JUDGMENT ON THIS ISSUE WITHIN 30 DAYS FROM FEBRUARY 8, 2019; REASONING SET FORTH; DIRECTIVE TO COUNSEL. Signed by Judge Walter H. Rice on 4/24/2019. (srb)
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Filing
279
DECISION AND ENTRY OVERRULING WITHOUT PREJUDICE PLAINTIFFS' MOTION IN LIMINE TO PRECLUDE ARGUMENT THAT RONALD RITCHIE WAS A LEGAL OR PROXIMATE CAUSE OF JOHN CRAWFORD'S DEATH (DOC. # 211 ); GRANTING WAL-MART LEAVE TO FILE A MOTION FOR SUMMARY JUDGMENT ON THIS ISSUE WITHIN 30 DAYS OF THIS DECISION AND ENTRY. Signed by Judge Walter H. Rice on 2/8/19. (pb)
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Filing
278
DECISION AND ENTRY OVERRULING WITHOUT PREJUDICE THE BEAVERCREEK DEFENDANTS' MOTION TO SEVER CLAIMS FOR TRIAL (DOC. # 117 ); SUSTAINING THE BEAVERCREEK DEFENDANTS' MOTION FOR SEPARATE TRIALS (DOC. # 189 ). Signed by Judge Walter H. Rice on 1/31/2019. (srb)
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Filing
274
ORDER AND ENTRY OF PARTIAL DISMISSAL WITHOUT PREJUDICE - Considering the Plaintiffs' Motion for Parti al Dismissal Without Prejudice, IT IS HEREBY ORDERED, ADJUDGED AND DECLARED that all claims under Count Eight of the Complaint in the abov e-referenced matter (Doc. # 1 ) claiming or seeking relief for alleged violations of the Fifth, Sixth, or Eighth Amendments to the United States Constitution are dismissed without prejudice. All remaining claims, allegations and causes of action of Count Eight of the Complaint, and the remainder of the Complaint, remain pending unless othe1wise ordered. Signed by Judge Walter H. Rice on 1/28/2019. (srb)
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Filing
268
ENTRY GRANTING WAL-MART STORES EAST, L.P. AND WAL-MART STORES, INC'S ("WAL-MART'') MOTION TO STRIKE DEPOSITIONS FILED BY PLAINTIFFS re 267 . Signed by Judge Walter H. Rice on 1/22/19. (kma)
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Filing
235
ENTRY GRANTING PLAINTIFFS' REQUEST TO WITHDRAW PREVIOUSLY FILED DEPOSITIONS NOT UNDER SEAL Upon Motion, and for good cause shown, Plaintiffs Motion for leave to withdraw the following depositions transcripts and exhibits that were previously filed by Plaintiffs but were not filed under seal: Frank Garber taken on 05/16/2016; Richard Kesler taken on 05/16/2016 and Corey Brooks taken on 05/17/2016, is hereby GRANTED. Signed by Judge Walter H. Rice on 1/14/2019. (srb)
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Filing
220
ENTRY GRANTING DEFENDANTS WAL-MART STORES, INC., WALMART STORES EAST, LP, AND WAL-MART STORE #2124'S MOTION FOR LEAVE TO FILE DEPOSITIONS UNDER SEAL granting 215 Motion to File Document Under Seal. Signed by Judge Walter H. Rice on 1/8/19. (pb)
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Filing
127
DECISION AND ENTRY RESERVING RULING ON DEFENDANTS' MOTION TO SEVER CLAIMS AND FOR SEPARATE TRIALS (DOC. # 117 ) - Defendants Officer Sean Williams, Sergeant David Darkow, Chief Dennis Evers and the City of Beavercreek (the "Beavercreek Defe ndants") have filed a Motion to Sever Claims and for Separate Trials, Doc. # 117 . Defendants Wal-Mart Stroes East, L.P. and Wal-Mart Stores, Inc. (the "Wal-Mart Defendants"), have joined in that motion. Doc. # 123 . Plaintiffs have fi led a memorandum in opposition, Doc. # 124 , and Defendants have filed a reply, Doc. # 126 . It is the Court's intent to RESERVE RULING on the question of whether Plaintiffs' claims against the Beavercreek Defendants should be severed and t ried separately from Plaintiffs' claims against the Wal-Mart Defendants, pending resolution of any summary judgment motions that might be filed. A ruling on these motions may moot Defendants' Motion to Sever Claims and for Separate Trials. Signed by Judge Walter H. Rice on 4/12/18. (kma)
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Filing
105
ENRY SETTINGTELEPHONIC CONFERENCE FOR PLAINTIFFS TRESSA SHERROD, JOHN CRAWFORD, JR., JHC IV AND JC, AND DEFENDANTS WAL-MART STORES, INC., AND WAL-MART STORES EAST, L.P, ON JULY 7, 2017, AT 5:00 P.M.; WAL-MART SHALL RESPOND TO OUTSTANDING INTERROGATOR Y AN DREQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY PLAINTIFFS; COURT SHALL RULE ON ANY UNRESOLVED DISPUTES OVER PLAINTIFF'S DISCOVERY REUESTS AND RULE 30(b)(6) DEPOSITION NOTICE TO WAL-MART -After consideration of the parties' statemen ts and all relevant legal and equitable considerations, the Court orders the following: 1. A telephonic conference is set for July 7, 2017, at 5:00 p.m., to issue rulings on any outstanding discovery disputes between Plaintiffs and Wal-Mart. 2. Wa l-Mart shall respond to Revised Interrogatory No. 12 and produce relevant, responsive and non-privileged documents in response to Revised Request for Document Production No. 2 as soon as a meaningful response is possible, and no later than Monday, J uly 3, 2017. 3. After Wal-Mart submits the above-mentioned discovery responses, counsel for Wal-Mart and Plaintiffs shall confer to determine whether there are any disputes over Wal-Mart's responses, and attempt to resolve those disputes. 4. Counsel for Wal-Mart and Plaintiffs shall also confer regarding Wal-Mart's objections to Plaintiffs' Revised Rule 30(b)(6) Deposition Notice to Wal-Mart, and attempt to resolve those objections. 5. At least twenty-four hours prior to the July 7, 2017, conference call, the parties shall submit a stipulation to the Court of issues upon which they need the Court to rule. Such issues may include but are not limited to: a. The sufficiency of Wal-Mart's responses to Revised Interroga tory No. 12 and Revised Request for Document Production No. 2; b. Whether Wal-Mart's responses to Plaintiffs' discovery requests renders moot Topics Four through Ten in Plaintiffs' Revised Rule 30(b)(6) Deposition Notice; and c. Whethe r any unresolved disputes still exist between the parties Date: June 26, 2017 regarding Wal-Mart's objections to Topics One, Two, Three and Eleven in Plaintiffs' Revised Rule 30(b)(6) Deposition Notice. Signed by Judge Walter H. Rice on 6/26/2017. (srb)
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Filing
102
ENTRY GRANTING DEFENDANT WAL-MART'S MOTION FOR LEAVE TO FILE MOTION FOR PROTECTIVE ORDER AND EXHIBITS UNDER SEAL granting 100 Motion to File Document Under Seal. Signed by Judge Walter H. Rice on 6/19/17. (pb)
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Filing
95
ENTRY MEMORIALIZING MAY 5, 2017, CONFERENCE CALL; SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT WAL-MART STORES EAST L.P.'S SEALED MOTION FOR RECONSIDERATION AND A PROTECTIVE ORDER (DOC. # 92 ); OVERRULING AS MOOT PLAINTIFFS' MOTION TO CONTINUE DEADLINE TO RESPOND TO WAL-MART DEFENDANTS' MOTION FOR RECONSIDERATION AND PROTECTIVE ORDER (DOC. # 94 ) - Finally, in order to accommodate Plaintiffs' need to replace one of its expert witnesses, and their need to then take the 30(b)(6) deposition of Wal-Mart's designee, the parties agreed to submit a proposed Modified Scheduling Order. Said proposed Order shall be filed no later than May 23, 2017. Signed by Judge Walter H. Rice on 5/10/2017. (srb)
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Filing
89
ENTRY OVERRULING AS MOOT DEFENDANTS WAL-MART STORES, INC. AND WAL-MART STORES EAST, L.P.'S MOTION FOR PROTECTIVE ORDER (DOC. # 70 ) AND PLAINTIFFS TRESSA SHERROD, JOHN CRAWFORD, JR., JHC IV AND JC'S MOTION FOR SANCTIONS (DOC. # 88 ); PLAINTIFFS AND WAL-MART SHALL COMPLY WITH THE SCHEDULE SET FORTH BELOW; COURT WILL ISSUE MODIFIED SCHEDULING ORDERS NO LATER THAN FEBRUARY 10, 2017. Signed by Judge Walter H. Rice on 2/6/17. (pb)
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Filing
46
AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge Michael J. Newman on 1/26/2016. (srb)
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Filing
39
ORDER AND ENTRY: (1) GRANTING DEFENDANTS' MOTION FOR A STAY (DOC. 34 ); (2) STAYING THE DEPOSITIONS OF DEFENDANTS WILLIAMS AND DARKOW FOR NINETY (90) DAYS; AND (3) SETTING A STATUS CONFERENCE WITH THE UNDERSIGNED ON MARCH 28, 2016 AT 2:30 P.M. Signed by Magistrate Judge Michael J. Newman on 12/31/2015. (srb)
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Filing
27
AGREED PROTECTIVE ORDER re 25 . Signed by Magistrate Judge Michael J. Newman on 9/24/2015. (srb)
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