June 5, 2019 |
Filing
219
ORDER OF DISMISSAL: TERMINATION ENTRY - The Court having been advised that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, without prejudice, provided that any of the parties may, upon good cause shown within sixty (60) days, reopen the action if settlement is not consummated. Signed by Judge Thomas M. Rose on 6/5/19. (ep)
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May 28, 2019 |
Filing
214
ENTRY AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. 123 ): All claims against Officers Cooper and Cohn are DISMISSED; Sgt. Snyder and Officers Zink, Sears and Ort are DENIED summary judgment on the basis of qualified immunity due to the existence of genuine issues of material fact; except with respect to such a claim against Sgt. Snyder, 42 U.S.C. § 1983 claims of deliberate indifference to serious medical needs brought against the indivi dual defendants are DISMISSED; the claims against Sheriff Plummer, Sgt. Snyder, and Officers Zink, Sears, and Ort in their official capacities are DISMISSED; the claims against Sheriff Plummer in his individual capacity are DISMISSED; the claim against Montgomery County based exclusively on its alleged ratification of the use of force against Guglielmo is DISMISSED; and all other claims shall proceed to trial. Signed by Judge Thomas M. Rose on 5/28/19. (ep)
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May 15, 2019 |
Filing
187
ENTRY AND ORDER -If the parties plan to present live testimony by video from a remote location, then the Court will address the procedures and requirements for presenting such remote testimony at the Final Pretrial Conference that is scheduled for Ju ne 6, 2019. If the parties plan to present deposition testimony, including video, then the Court directs the parties' attention to General Order No. Day 12-01 at 3.2.2 (Depositions) regarding the Court's requirements to present testimony. Signed by Judge Thomas M. Rose on 5-15-2019. (de)
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May 14, 2019 |
Filing
186
ENTRY AND ORDER DENYING IN PART MOTION IN LIMINE TO EXCLUDE MICHAEL BERG'S TESTIMONY AND EXPERT REPORT (DOC. 139 ), DENYING MOTION IN LIMINE TO EXCLUDE DR. WALDMAN'S TESTIMONY AND EXPERT REPORT (DOC. 140 ), AND DENYING MOTION IN LIMINE TO EXCLUDE DR. GABRIEL'S TESTIMONY AND EXPERT REPORT (DOC. 141 ): The Court DENIES IN PART the Motions in Limine (Doc. 139) as to Michael Berg, the sole exception being that Berg shall not be permitted to use the term "deliberate indifference" at trial. The Motions in Limine (Docs. 140-41) as to Dr. Waldman and Dr. Gabriel are DENIED in their entirety.Signed by Judge Thomas M. Rose on 5/14/19. (ep)
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July 12, 2018 |
Filing
135
ENTRY AND ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO FILE UNDER SEAL CERTAIN EXHIBITS TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. 120 ) AND PLAINTIFF'S MOTION FOR LEAVE TO FILE EXHIBITS UNDER SEAL (DOC. 133 ). Signed by Judge Thomas M. Rose on 7/12/18. (ep)
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December 20, 2017 |
Filing
54
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Report and Recommendation filed on December 4, 2017 52 is ADOPTED in full; and NaphCare Defendants' Motion to Dismiss Third Party Complaint 30 is GRANTED. Signed by Judge Thomas M. Rose on 12-20-2017. (de)
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December 4, 2017 |
Filing
52
REPORT AND RECOMMENDATION: NaphCare Defendants' Motion to Dismiss Third Party Complaint 30 be GRANTED. Objections to R&R due by 12/18/2017. Signed by Magistrate Judge Sharon L. Ovington on 12/4/2017. (lk)
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November 17, 2017 |
Filing
49
ORDER - The Court hereby GRANTS, in part, Montgomery County Defendants Motion for Extension of Time (Doc. # 35 ) and ORDERS this matter to proceed as follows: Deposition cut off; March 15, 2018, Plaintiff Primary Expert Designations, April 13, 2018 ; Defendant Primary Expert Designations, April 13, 2018; Plaintiff Rebuttal Expert Designations, May 11, 2018; Defendant Rebuttal Expert Designations, May 11, 2018; Discovery cut off, May 28, 2018, Cut-off date for filing summary judgment motions, Ju ne 14, 2018; The remainder of the schedule is unaffected. In the event of further discovery disputes, the parties shall contact United States Magistrate Judge Ovingtons Chambers to request an informal discovery conference pursuant to S.D. Ohio Civ. R . 37.1. IT IS THEREFORE ORDERED THAT: 1. The parties shall file a joint discovery plan on or before November 30, 2017; 2. Montgomery County Defendants Motion for Extension of Time (Doc. # 35 ) is GRANTED, in part, and DENIED, in part; 3. Plaintiffs Motion to Strike (Doc. # 39 ) is DENIED; and 4. Montgomery County Defendants Motion for Protective Order (Doc. # 46 ) is DENIED as moot. Signed by Magistrate Judge Sharon L. Ovington on 11/17/17. (kma)
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November 13, 2017 |
Filing
43
STIPULATED PROTECTIVE ORDER PROHIBITING PUBLIC DISCLOSURE OF CONFIDENTIAL SECURITY INFORMATION RELATED TO THE OPERATIONS OF THE MONTGOMERY COUNTY JAIL. Signed by Magistrate Judge Sharon L. Ovington on 11/13/17. (kma)
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