Bobay v. Wright State University et al
| Kyle Bobay |
| Wright State University, Wright State Board of Trustees, Kettering Adventist Healthcare d/b/a Kettering Health Network and Kettering Adventist Healthcare c/o Statutory Agent, Michael D. Macomber doing business as Kettering Health Network |
| 3:2022cv00002 |
| January 3, 2022 |
| US District Court for the Southern District of Ohio |
| Walter H Rice |
| Peter B Silvain |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2022. A more recent docket listing may be available from PACER.
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Filing 15
STATUS REPORT re: #13 JOINT by Plaintiff Kyle Bobay. (Connors, Thomas) Modified on 3/15/2022 to link to original document(srb).
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Filing 14
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #13 Status Report Joint filed by Kyle Bobay, and it appears that it is not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #13 as a text searchable document, linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 3/15/2022. (bjr)
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NOTATION ORDER sustaining Motion for additional 21 days to reach resolution, as requested in #13 Status Report filed by Kyle Bobay. Status Report due by 4/4/2022. Signed by Judge Walter H. Rice on 03/14/2022. (tp)
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Filing 13
STATUS REPORT JOINT by Plaintiff Kyle Bobay. (Connors, Thomas)
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NOTATION ORDER: The Court acknowledges receipt of #12 Joint Status Notice filed by Kettering Adventist Healthcare. Next Status Notice due 03-07-2022. Signed by Judge Walter H. Rice on 02/08/2022. (tp)
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Set Deadline: Joint Status Notice due by 3/7/2022. (srb)
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Filing 12
NOTICE by Defendant Kettering Adventist Healthcare re #11 Order,, (JOINT STATUS NOTICE) (Pepper, Timothy)
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Filing 11
DECISION AND ENTRY DECLARING TEMPORARY RESTRAINING ORDER ENTERED BY THIS COURT ON JANUARY 4, 2022, TO BE DISSOLVED AND TO NO LONGER BE IN EFFECT; REQUEST OF COUNSEL REGARDING NEGOTIATIONS ON ATTORNEYS' FEES AND COSTS. The captioned cause having been settled by and between the parties, save and excepting the issue of attorneys' fees and costs, the Temporary Restraining Order, entered by this Court on January 4, 2022, is dissolved and no longer in effect. The parties are requested to notify this Court, not later than 30 days from date, as to the status of their discussions regarding attorneys' fees and costs. Signed by Judge Walter H. Rice on 01/07/2022. (tp)
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Filing 10
Supplemental Memorandum Supporting CIVIL COVER SHEET by Plaintiff Kyle Bobay. (Mendenhall, Warner)
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Filing 9
ORDER - It is hereby ordered that the above captioned cause be administratively processed. IT IS SO ORDERED. Captioned cause has been mooted save and excepting a resolution of attorney fees issue. The parties are directed tofurnish the Court with a status report on that remaining issue 30 days from this date. Signed by Judge Walter H. Rice on 1/6/2022. (srb)
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***Civil Case Terminated. (srb)
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Filing 8
NOTICE of Appearance by Mia Meucci Yaniko for Defendants Wright State Board of Trustees, Wright State University (Yaniko, Mia)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 1/5/2022. (Court Reporter: Debra Futrell) (tp)
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Filing 7
NOTICE by Defendant Kettering Adventist Healthcare (Attachments: #1 Exhibit A - Email) (Pepper, Timothy)
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Filing 6
ENTRY AND ORDER SUSTAINING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. #2 ). For the reasons set forth by the Court during a January 4, 2022, telephonic hearing, the Court finds that the requirements of Fed. R. Civ. P. 65(b) have been satisfied and Plaintiff's Motion for Temporary Restraining Order, Doc. #2 , is, accordingly, SUSTAINED. Defendants, Wright State and Kettering are enjoined, for a period of fourteen days, through January 18, 2022, subject to renewal pursuant to Rule 65 (b)(2), from terminating his position as a resident physician in the Wright State EM Residency Program and terminating his GME Agreement on January 4, 2022, for refusing to take the Covid-19 vaccine.The parties agreed to waive Plaintiff's requirement to post security. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 1/4/2022. (bjr)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 1/4/2022, (Continued Telephone Conference set for 1/4/2022 04:45 PM before Judge Walter H. Rice.). Call-in instructions remain the same. (Court Reporter: Debra Futrell) (tp)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 1/4/2022, (Continued Telephone Conference set for 1/4/2022 11:40 AM before Judge Walter H. Rice.). Call-in instructions remain the same. (Court Reporter: Debra Futrell) (tp)
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NOTICE OF CORRECTION: Pursuant to S.D. Ohio Civ. R. 3.1 every complaint or other document initiating a civil action must be accompanied by a completed civil cover sheet on a form available from the Clerk and on the Court's website at http://www.ohsd.uscourts.gov/ohio-southern-district-forms. Please file a civil cover sheet re #1 Complaint. (bjr)
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Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 1/4/2022, (Telephone Conference set for 1/5/2022 02:00 PM before Judge Walter H. Rice.). Call-in instructions remain the same. (Court Reporter: Debra Futrell) (tp)
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Filing 5
NOTICE of Appearance by Timothy G Pepper for Defendant Kettering Adventist Healthcare d/b/a Kettering Health Network (Pepper, Timothy)
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Filing 4
NOTICE by Plaintiff Kyle Bobay re #2 MOTION for Temporary Restraining Order against Defendants Updated Signed Retzios Affidavit (Attachments: #1 Exhibit Religious Exemption, #2 Exhibit Retzios Email) (Mendenhall, Warner)
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Filing 3
NOTICE by Plaintiff Kyle Bobay re #2 MOTION for Temporary Restraining Order against Defendants under Loc. R. 65.1 (Mendenhall, Warner)
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Filing 2
MOTION for Temporary Restraining Order against Defendants by Plaintiff Kyle Bobay. (Attachments: #1 Exhibit Affidavit of Thomas Retzios, #2 Exhibit Religious Exemption, #3 Exhibit Retzios Email) (Mendenhall, Warner)
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Filing 1
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8655922), filed by Kyle Bobay. (Attachments: #1 Exhibit Wright State Policies, #2 Exhibit ACGME Reqs, #3 Exhibit Kettering Agreement, #4 Exhibit Kettering Manual, #5 Exhibit Kettering Vaccine Req, #6 Exhibit Personal Statement Form, #7 Exhibit Exemption Denial, #8 Exhibit Request for Appeal, #9 Exhibit Appeal Denial, #10 Exhibit Appeal Denial 2, #11 Exhibit Request for Appeal 2, #12 Exhibit Appeal Denial 3, #13 Exhibit Employee Record, #14 Exhibit Notice of Appeal MLG, #15 Exhibit Kettering Response, #16 Exhibit Kettering Non-Compliance, #17 Exhibit Employee Appeal HR, #18 Exhibit Employee Exemption Approval, #19 Exhibit Wright State Approval) (Mendenhall, Warner)
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