Dispasquale v. Hawkins et al
Plaintiff: Charles Dispasquale
Defendant: James Hawkins, Mark Herres and Brad Proctor
Case Number: 3:2016cv00219
Filed: June 7, 2016
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
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
October 8, 2020 Opinion or Order Filing 171 ORDER GRANTING UNOPPOSED MOTION TO DISMISS WITH PREJUDICE ALL CLAIMS AGAINST DETECTIVE JAMES HAWKINS 169 . Signed by Judge Thomas M. Rose on 10/8/20. (ep)
June 3, 2020 Opinion or Order Filing 165 DECISION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT BY DEFENDANT JAMES HAWKINS, (ECF 155 ), GRANTING IN PART MOTION FOR SUMMARY JUDGMENT BY DEFENDANT MARK HERRES, (ECF 154 ), AND TERMINATING CASE. SUMMARY JUDGMENT IS ENTERED AGAINST PLAINTIFF O N ALL FEDERAL CLAIMS. THE COURT DECLINES TO EXERCISESUPPLEMENTAL JURISDICTION OVER DEFENDANT/COUNTERCLAIMANT MARK HERRES'S STATE LAW CLAIMS FOR REPLEVIN, CONVERSION AND FRAUD, AND DISMISSES THESE CLAIMS WITHOUT PREJUDICE. Signed by Judge Thomas M. Rose on 6/3/20. (ep)
February 20, 2019 Opinion or Order Filing 93 DECISION AND ORDER DENYING DEFENDANT JAMES HAWKINS' OBJECTIONS TO ENTRY AND ORDER: (1) VACATING PREVIOUSLY ISSUED SCHEDULING ORDER; (2) GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT; AND (3)ORDERING PLAINTIFF TO FILE AMENDED COMPLAINT 86 AND DENYING DEFENDANT BRAD PROCTOR'S OBJECTION TO MAGISTRATE JUDGE ORDER. 88 . Signed by Judge Thomas M. Rose on 2-20-2019. (de)
February 2, 2018 Opinion or Order Filing 68 DECISION AND ORDER denying 59 Motion for Reconsideration. Signed by Judge Thomas M. Rose on 2-2-2018. (de)
October 6, 2017 Opinion or Order Filing 58 ORDER AND ENTRY: (1) GRANTING PLAINTIFFS MOTION FOR A STAY (DOC. 51 ) AND STAYING DISCOVERY IN THIS CASE PENDING A DECISION BY THE OHIO SECOND DISTRICT COURT OF APPEALS; (2) ORDERING PLAINTIFF TO FILE A NOTICE ADVISING OF SUCH DECISION WITHIN 7 DAYS OF ITS ENTRY; (3) ORDERING THE PARTIES TO MEET, CONFER AND FILE AN AMENDED RULE 26(f) REPORT WITHIN 21 DAYS FOLLOWING THE FILING OF PLAINTIFFS NOTICE; AND (4) DIRECTING PLAINTIFF TO FILE A WRITTEN MOTION FOR RECONSIDERATION AND/OR TO CLARIFY THE COURTS ORDER ON DEFENDANTS RULE 12(c) MOTIONS WITHIN 14 DAYS FROM THE ENTRY OF THIS ORDER granting 51 Motion to Stay. Signed by Magistrate Judge Michael J. Newman on 10/6/17. (pb)
September 27, 2017 Opinion or Order Filing 54 DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 42 , OVERRULING DEFENDANT JAMES HAWKINS'S OBJECTIONS TO MAGISTRATE'S REPORT ANDRECOMMENDATIONS 46 , OVERRULING PLAINTIFF CHARLES DIPASQUALE'S OBJECTIONS TO MAGISTRATE'S REPO RT AND RECOMMENDATIONS 47 , GRANTING DEFENDANT HERRESS PARTIAL MOTION FOR JUDGMENT ON THE PLEADINGS 18 ; GRANTING DEFENDANT PROCTER'S MOTION FOR JUDGMENT ON THE PLEADINGS 25 , TERMINATING HIM AS A PARTY TO THIS CASE; AND GRANTING IN PART AND D ENYING IN PART DEFENDANT HAWKINSS MOTION FOR JUDGMENT ON THE PLEADINGS 22 . HAWKINSS MOTION IS GRANTED WITH REGARD TO THE CLAIM OF CIVIL CONSPIRACY, BUT DENIED WITH REGARD TO THE CLAIM OF MALICIOUS PROSECUTION. Signed by Judge Thomas M. Rose on 9-27-2017. (de)
August 10, 2017 Opinion or Order Filing 42 REPORT AND RECOMMENDATION THAT: (1) DEFENDANT HERRESS PARTIAL MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 18) BE GRANTED;(2) DEFENDANT PROCTERS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 25) BE GRANTED, AND HE BE TERMINATED AS A PARTY TO THIS CASE; AN D (3) DEFENDANT HAWKINSS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 22) BE GRANTED WITH REGARD TO THE CLAIM OF CIVIL CONSPIRACY, BUT DENIED WITH REGARD TO THE CLAIM OF MALICIOUS PROSECUTION. Objections to R&R due by 8/24/2017. Signed by Magistrate Judge Michael J. Newman on 8/10/2017. (dm)
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Plaintiff: Charles Dispasquale
Represented By: Mitchell John Anderson
Represented By: Lawrence Joseph Greger
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Defendant: James Hawkins
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Defendant: Mark Herres
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Defendant: Brad Proctor
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