Gorneleh v. City of Kettering et al
| Nuponu Gorneleh |
| Christopher T Herman, Don Patterson, City of Kettering, Frederick Dressel, Federick Dressel, All Pro Towing, Dennis Fallang, Matt Burian and James Long |
| 3:2017cv00181 |
| May 22, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael J Newman |
| Sharon L Ovington |
| Walter H Rice |
| Civil Rights: Other |
| 42 U.S.C. § 1981 |
| None |
Docket Report
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This docket was last retrieved on October 26, 2017. A more recent docket listing may be available from PACER.
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| Filing 39 CLERK'S JUDGMENT. Signed on 10/26/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 38 DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #36 ); OVERRULING PLAINTIFF'S OBJECTIONS THERETO (DOC. #37 ); SUSTAINING MOTION TO DISMISS OF DEFENDANTS HON. FREDERICK DRESSEL AND HON. JAMES F. LONG (DOC. #9 ), DEFENDANT CHRISTOPHER T. HERMAN'S MOTION TO DISMISS (DOC. #11 ), DEFENDANTS DON PATTERSON, MATT BURIAN AND THE CITY OF KETTERING, OHIO'S MOTION TO DISMISS (DOC. #14 ), MOTION TO DISMISS OF DEFENDANT DENNIS FALLANG (DOC. #18 ), AND MOTION OF DEFENDANT ALL PRO TOWING FOR JUDGMENT ON THE PLEADINGS (DOC. #33 ); OVERRULING AS MOOT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT ALL PRO TOWING (DOC. #17 ); JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 10/26/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 37 OBJECTION to #36 Report and Recommendations by Plaintiff Nuponu Gorneleh. (pb) |
| Filing 36 REPORT AND RECOMMENDATION THAT: (1) DEFENDANTS MOTIONS TO DISMISS (DOCS. #9 , #11 , #14 , #18 ) BE GRANTED; (2) DEFENDANT ALL PRO TOWINGS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #33 ) BE GRANTED; (3) PRO SE PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (DOC. #17 ) BE DENIED; AND (4) THIS CASE BE TERMINATED ON THE COURTS DOCKET Objections to R&R due by 10/24/2017. Signed by Magistrate Judge Michael J. Newman on 10/10/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 35
ORDER TRANSFERRING REFERENCE - The referral of this case is hereby transferred from Magistrate Judge Sharon L. Ovington to the docket of Magistrate Judge Michael J. Newman. Signed by Magistrate Judge Sharon L. Ovington on 9/12/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 34 RESPONSE in Opposition re #17 MOTION for Summary Judgment filed by Defendant All Pro Towing. (Freeze, Stephen) |
| Filing 33 MOTION for Judgment on the Pleadings or Alternatively, for Summary Judgment by Defendant All Pro Towing. (Attachments: #1 Exhibit A - Affidavit of James Taylor, #2 Exhibit B - Certified copy of Unclaimed and Abandoned Junk Motor Vehicle Affidavit and Assignment) (Freeze, Stephen) |
| Filing 32 ANSWER to #3 Amended Complaint filed by All Pro Towing. (Attachments: #1 Exhibit A - Certified copy of Unclaimed and Abandoned Junk Motor Vehicle Affidavit and Assignment) (Freeze, Stephen) |
| Filing 31 Surreply of Plaintiff Nuponu Gorneleh to Memorandum in Support of Motion to Dismiss of Defendant's Hon. Frederick Dressel and Hon. James F. Long & Other Defendants: re #21 , #22 , #23 . (kma) Modified on 8/22/2017 (jmb). |
| Set/Reset Deadlines: All Pro Towing answer to re #29 due 8/24/2017. (kma) Modified on 8/14/2017 to add text (kma). |
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NOTATION ORDER granting Defendant All Pro Towing's #29 Motion for Leave to File Answer or Otherwise Plead. Signed by Magistrate Judge Sharon L. Ovington on 8/11/17. (rp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 30 REPLY to Response to Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Dennis Fallang. (Mariani, Laura) |
| Filing 29 MOTION for Leave to File Answer or Otherwise Plead by Defendant All Pro Towing. (Attachments: #1 Affidavit of James Taylor, #2 Exhibit Unclaimed and Abandoned Junk Motor Vehicle Affidavit) (Freeze, Stephen) |
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NOTATION ORDER: Granting #24 Motion to File Sur-Reply filed by Plaintiff Nuponu Gorneleh. Plaintiff's Sur-Reply to #21 Reply to Response to Motion, #22 Reply to Response to Motion, and #23 Reply to Response to Motion is due by 8/21/2017. Signed by Magistrate Judge Sharon L. Ovington on 8/9/2017. (lek)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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NOTATION ORDER: Granting #26 Motion for Extension of Time to File Response to #17 Motion for Summary Judgment. Response due by 8/24/2017. Signed by Magistrate Judge Sharon L. Ovington on 8/9/2017. (lek) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 28 NOTICE of Appearance by Anne P Keeton for Defendant All Pro Towing (Keeton, Anne) |
| Filing 27 NOTICE of Appearance by Lisa Ann Hesse for Defendant All Pro Towing (Hesse, Lisa) |
| Filing 26 MOTION for Extension of Time to File Response/Reply as to #17 MOTION for Summary Judgment New date requested 8/24/2017. by Defendant All Pro Towing. (Freeze, Stephen) |
| Filing 25 NOTICE of Appearance by Stephen Vincent Freeze for Defendant All Pro Towing (Freeze, Stephen) |
| Filing 24 MOTION TO FILE SURREPLY re #21 Reply to Response to Motion, #22 Reply to Response to Motion, #23 Reply to Response to Motion by Plaintiff Nuponu Gorneleh. (kma) |
| Filing 23 REPLY to Response to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Christopher T Herman. (Frick, Dawn) |
| Filing 22 REPLY to Response to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Matt Burian, City of Kettering, Don Patterson. (Dowd, Edward) |
| Filing 21 REPLY to Response to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Frederick Dressel, James Long. (Woeber, Linda) |
| Filing 20 RESPONSE TO DEFENDANTS MOTION re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Nuponu Gorneleh. (srb) |
| Filing 19 NOTICE to Plaintiff of Defendant's Motion to Dismiss #18 . Plaintiff's response to the Motion to Dismiss must be filed with the Court not later than August 14, 2017. Additional Notice provided. Signed by Magistrate Judge Sharon L. Ovington on 7/24/2017. (lek) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Dennis Fallang. (Mariani, Laura) |
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NOTATION ORDER granting in part and denying in part #16 Plaintiff's Motion for Extension of Time to File Response/Reply. Plaintiff shall file his response to Defendants Don Patterson, Matt Burian, and City of Kettering's Motion to Dismiss by 8/21/2017. Signed by Magistrate Judge Sharon L. Ovington on 7-21-17. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 17 MOTION for Summary Judgment against Defendant All Pro Towing by Plaintiff Nuponu Gorneleh. (srb) |
| Filing 16 MOTION for Extension of Time to File Response/Reply New date requested 9/18/2017. by Plaintiff Nuponu Gorneleh. (srb) |
| Filing 15 NOTICE to Plaintiff of Defendants' Motion to Dismiss #14 . Plaintiff's response to the Motion to Dismiss must be filed with the Court not later than July 24, 2017. Additional Notice provided. (lek) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Matt Burian, City of Kettering, Don Patterson. (Dowd, Edward) |
| Filing 13 NOTICE to Plaintiff of Motions to Dismiss [9, 11]. Plaintiff's responses to both Motions to Dismiss must be filed with the Court not later than July 24, 2017. Additional Notice provided. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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NOTATION ORDER granting #12 Defendant Dennis Fallang's Motion for Extension of Time; Defendant Fallang shall respond to Plaintiff's Complaint by July 24, 2017. Signed by Magistrate Judge Sharon L. Ovington on 6-30-17. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 12 MOTION for Extension of Time New date requested 7/24/2017. by Defendant Dennis Fallang. (Mariani, Laura) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Christopher T Herman. (Frick, Dawn) |
| Filing 10 NOTICE of Appearance by Dawn M Frick for Defendant Christopher T Herman (Frick, Dawn) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Frederick Dressel, James Long. (Attachments: #1 Exhibit 1 - Traffic and Criminal Dockets, #2 Exhibit 2 - Civil Docket) (Woeber, Linda) |
| Filing 8 NOTICE of Appearance by Laura G Mariani for Defendant Dennis Fallang (Mariani, Laura) |
| Filing 7 SUMMONS Returned Executed as to Defendants All Pro Towing, Matt Burian, City of Kettering, Frederick Dressel, Dennis Fallang, Christopher T Herman, James Long, Don Patterson. All Pro Towing served on 6/12/2017, answer due 7/3/2017; Matt Burian served on 6/12/2017, answer due 7/3/2017; City of Kettering served on 6/12/2017, answer due 7/3/2017; Frederick Dressel served on 6/12/2017, answer due 7/3/2017; Dennis Fallang served on 6/12/2017, answer due 7/3/2017; Christopher T Herman served on 6/12/2017, answer due 7/3/2017; James Long served on 6/12/2017, answer due 7/3/2017; Don Patterson served on 6/12/2017, answer due 7/3/2017. (pb) |
| Filing 6 NOTICE of Appearance by Gregory A Kendall for Defendants Frederick Dressel, James Long (Kendall, Gregory) |
| Filing 5 NOTICE of Appearance by Linda L Woeber for Defendants Frederick Dressel, James Long (Woeber, Linda) |
| Filing 4 Summons Issued as to All Pro Towing, Matt Burian, City of Kettering, Frederick Dressel, Dennis Fallang, Christopher T Herman, James Long, Don Patterson. (Attachments: #1 USM 285 Forms) (pb)(Per SLO) |
| Filing 3 AMENDED COMPLAINT against All Pro Towing, Matt Burian, City of Kettering, Federick Dressel, Dennis Fallings, Christopher T Herman, James Long, Don Patterson, filed by Nuponu Gorneleh. (pb) (pb). |
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NOTATION ORDER: Upon initial review of Plaintiff's pro se Complaint, it is not presently subject to dismissal. Accordingly, the Court DIRECTS the United States Marshal to serve a copy of the Complaint, summons, and this Order upon the named defendants as directed by Plaintiff. All costs of service shall be advanced by the United States. Plaintiff must serve the named defendants, or their attorney in the event an attorney's appearance is entered in the record, with a copy of every document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed with the Clerk of Court a certificate stating the date and verifying that Plaintiff mailed a true and correct copy of any document to defendants or their attorney(s). Any paper received by a District Judge or Magistrate Judge that has not been filed with the Clerk of Court or that fails to include a certificate of service will be disregarded by the Court. Plaintiff must inform the Clerk of Court promptly of any changes of address which he has during the pendency of this lawsuit. Failure to do so may result in dismissal of his case for failure to prosecute. Signed by Magistrate Judge Sharon L. Ovington on 6-6-17. (slo1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 2 COMPLAINT against City of Kettering, Christopher T Herman, Don Patterson, filed by Nuponu Gorneleh. (pb) |
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NOTATION ORDER: Granting #1 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to hold Service of Summons pending initial review of the Complaint. Signed by Magistrate Judge Sharon L. Ovington on 5/23/2017. (lek) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Nuponu Gorneleh. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Summons Form) (srb) |
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