Ross v. Bluefield Area Transit et al
| Michael Ross |
| Bluefield Area Transit and John Reeves |
| 1:2023cv00425 |
| June 8, 2023 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| David A Faber |
| Civil Rights: Accomodations |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 52
OBJECTIONS by Michael Ross to the #48 Proposed Findings and Recommendation. (arb)
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Filing 51
MOTION by Michael Ross for Appointment of Counsel. (arb)
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Filing 50
MOTION by Michael Ross to Produce Full Video with Audio from Bus Station. (arb)
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Filing 49
ORDER denying as moot #13 LETTER-FORM MOTION by Michael Ross for Jury Trial and for Punitive Damages, #17 LETTER-FORM MOTION/REQUEST by Michael Ross to Access PACER, #37 MOTION by Michael Ross for Mediation and #47 MOTION by Michael Ross for Pretrial Hearing. Signed by Magistrate Judge Omar J. Aboulhosn on 7/31/2023. (cc: Plaintiff, pro se; counsel of record) (mk)
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Filing 48
PROPOSED FINDINGS AND RECOMMENDATION that the District Judge GRANT #8 MOTION by Bluefield Area Transit and John Reeves to Dismiss #2 Complaint Pursuant to Rule of Civil Procedure 12(b)(6), DISMISS Plaintiff's #2 Complaint WITH PREJUDICE, and remove this matter from the Court's docket. This case no longer referred to Magistrate Judge Omar J. Aboulhosn. If the PF&R was served electronically, Objections are due by 8/14/2023. If the PF&R was served by mail, Objections are due by 8/17/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 7/31/2023. (cc: Plaintiff, pro se; counsel of record) (mk)
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Filing 47
MOTION by Michael Ross for Pretrial Hearing. Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
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Filing 46
AFFIDAVIT of Michael Ross, dated 7/26/2023, re: settlement/mediation discussions. (arb)
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Filing 45
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon John Reeves, General Manager re: #2 Complaint. John Reeves, General Manager, served on 6/15/2023, answer due 7/6/2023. (arb)
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Filing 44
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Bluefield Area Transit re: #2 Complaint. Bluefield Area Transit served on 6/15/2023, answer due 7/6/2023. Person Served: John Reeves, General Manager. (arb)
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Filing 43
PROPOSED ORDER for Final Settlement Resolution by Michael Ross. (arb)
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Filing 42
COPY of Public Accommodations Pre-Complaint Background Form by Michael Ross as filed with the West Virginia Human Rights Commission on 3/30/2023 in support of #2 Complaint. (arb)
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Filing 41
NOTICE OF DISCOVERY OF EVIDENCE by Michael Ross. (arb)
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Filing 40
WITNESS STATEMENT signed by Mary Ann Taylor, dated 7/26/2023, on behalf of Michael Ross re: #2 Complaint. (arb)
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Filing 39
DOCUMENTATION by Michael Ross in further support of his #2 Complaint: Federal Register/Vol. 80, No. 49/Friday, March 13, 2015/Rules and Regulations - Transportation for Individuals With Disabilities. (arb)
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Filing 38
ADDITIONAL DOCUMENTATION/REMINDER by Michael Ross of a Final Settlement re: #26 Notice of Offer of Settlement. (arb)
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Filing 37
MOTION by Michael Ross for Mediation. (Attachment: #1 Supporting Documentation). Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
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Filing 36
DOCUMENTATION by Michael Ross in further support of #2 Complaint. (mk)
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Filing 35
AFFIDAVIT of Michael Ross, dated 7/24/2023, in support of #2 Complaint (mk)
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Filing 34
COMMUNITY OUTREACH STATEMENT by Michael Ross in support of his #2 Complaint. (arb)
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Filing 33
MY FINDINGS IN THE INVESTIGATION by Michael Ross in further support of his #2 Complaint. (Attachment: #1 Supporting Documentation) (arb)
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Filing 32
AFFIDAVIT of Michael Ross, dated 7/20/2023, in support of his #2 Complaint. (arb)
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Filing 31
DOCUMENTATION by Michael Ross in further support of #2 Complaint. (mk)
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Filing 30
SUPPLEMENTAL AFFIDAVIT of Michael Ross, dated 7/19/2023, in support of #2 Complaint (mk)
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Filing 29
AFFIDAVIT of Michael Ross, dated 7/19/2023, in support of #2 Complaint (mk)
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Filing 28
DOCUMENTATION by Michael Ross in further support of his #2 Complaint (arb)
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Filing 27
STATEMENT of Emerson Carter, Bus Driver, Bluefield Area Transit on behalf of Michael Ross in support of #2 Complaint (arb)
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Filing 26
NOTICE OF OFFER OF SETTLEMENT by Michael Ross. (arb)
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Filing 25
DOCUMENTATION by Michael Ross in further support of his #2 Complaint (Attachment: #1 Medical Examiner Rules Jordan Neely's Death a Homicide After Subway Choking) (arb)
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Filing 24
AFFIDAVIT of Chris Bingham, dated 7/15/2023 on behalf of Michael Ross in support of #2 Complaint. (Modified on 7/19/2023 to convert event to affidavit) (mk).
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Filing 23
LETTER To Whom it May Concern from Michael Ross dated 7/14/2023, in further support of #2 Complaint (Attachment: #1 Guide to Disability Rights Law) (mk)
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Filing 22
LETTER to Court from Michael Ross in further support of #2 Complaint. (mk)
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Filing 21
RESPONSE by Michael Ross to the Court's #18 Order. (mk)
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Filing 20
AFFIDAVIT by John Reeves, General Manager, on behalf of Bluefield Area Transit, John Reeves in support of #8 MOTION by Bluefield Area Transit and John Reeves to Dismiss #2 Complaint Pursuant to Rule of Civil Procedure 12(b)(6) (Attachments: #1 Copy of Plaintiff's Filing, #2 Copy of Plaintiff's Filing, #3 Copy of Plaintiff's Filing, #4 Copy of Plaintiff's Filing, #5 Incident Report of Jenni Pickens, Driver)(Heltzel, Anthony) (Modified on 7/14/2023 to replace images of attachments 1-4; rotated images) (mk).
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Filing 19
EXHIBIT (DVD) by Michael Ross in support of #2 Complaint: Video of 3/23/2023 Bluefield Area Transit Incident. (DVD maintained in the Office of the Clerk, Bluefield Division) (arb)
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Filing 18
ORDER directing the Clerk to file the Plaintiff's exhibits (ECF Nos. 12-3, 12-4, 14-2) under SEAL. Signed by Magistrate Judge Omar J. Aboulhosn on 7/10/2023. (cc: Plaintiff, pro se and counsel of record) (arb)
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Filing 17
LETTER-FORM MOTION/REQUEST by Michael Ross to Access PACER. Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
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Filing 16
SUPPLEMENTAL RESPONSE/CLOSING ARGUMENTS by Michael Ross in opposition to the #8 MOTION by Bluefield Area Transit and John Reeves to Dismiss #2 Complaint Pursuant to Rule of Civil Procedure 12(b)(6). (arb)
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Filing 15
SUPPLEMENTAL RESPONSE by Michael Ross in opposition to the #8 MOTION by Bluefield Area Transit and John Reeves to Dismiss #2 Complaint Pursuant to Rule of Civil Procedure 12(b)(6). (arb)
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Filing 14
SUPPLEMENTAL RESPONSE by Michael Ross in opposition to the #8 MOTION by Bluefield Area Transit and John Reeves to Dismiss #2 Complaint Pursuant to Rule of Civil Procedure 12(b)(6). (Attachments: #1 Supporting Documentation) (arb) (Modified on 7/3/2023 to add sealed attachment: #2 Sealed Record) (mk). (Modified security of Attachment #2 on 7/10/2023 pursuant to order entered 7/10/2023) (mk).
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Filing 13
LETTER-FORM MOTION by Michael Ross for Jury Trial and for Punitive Damages. Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
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Filing 12
RESPONSE by Michael Ross in opposition to the #8 MOTION by Bluefield Area Transit and John Reeves to Dismiss #2 Complaint Pursuant to Rule of Civil Procedure 12(b)(6). (Attachments: #1 Supporting Documentation, #2 Continuation - Supporting Documentation (arb) (Modified on 6/30/2023 to add sealed attachments: #3 Sealed Records, #4 Sealed Photos) (mk). (Modified security of Attachments #3 and #4 on 7/10/2023 pursuant to order entered 7/10/203) (mk).
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Filing 11
ORDER directing Plaintiff to file a response, by 7/14/2023, to the #8 MOTION by Bluefield Area Transit and John Reeves to Dismiss. Following service of Plaintiff's response to the Defendants' Motion, if such is filed, the Defendants will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 6/29/2023. (cc: Plaintiff, pro se and counsel of record) (arb)
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Filing 10
AFFIDAVIT of John Reeves, dated 6/28/2023, in support of the #8 MOTION by Bluefield Area Transit and John Reeves to Dismiss #2 Complaint Pursuant to Rule of Civil Procedure 12(b)(6). (Attachments: #1 Exhibit A, #2 Exhibit B) (arb)
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Filing 9
MEMORANDUM OF LAW by Bluefield Area Transit and John Reeves in support of their #8 MOTION to Dismiss #2 Complaint Pursuant to Rule of Civil Procedure 12(b)(6). (arb)
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Filing 8
MOTION by Bluefield Area Transit and John Reeves to Dismiss #2 Complaint Pursuant to Rule of Civil Procedure 12(b)(6). Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
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Filing 7
DOCUMENTATION by Michael Ross in further support of his #2 Complaint. (Attachments: #1 Continuation - Jim Crow Laws, #2 Continuation - Protection from Discrimination in Transportation) (arb)
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Filing 6
DOCUMENTATION by Michael Ross in support of his #2 Complaint - LAPD Crime Reports on Metro Buses. (arb)
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CASE assigned to Senior Judge David A. Faber. (klc)
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Filing 5
SUMMONS ISSUED by the Clerk on behalf of Michael Ross for Bluefield Area Transit and John Reeves re: #2 Complaint, returnable 21 days. Original Summons and 1 copy mailed to the USMS for service. (Attachments: #1 John Reeves Summons, #2 Form USM-285 for Bluefield Area Transit, #3 Form USM-285 for John Reeves) (arb)
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Filing 4
ORDER AND NOTICE GRANTING IN FORMA PAUPERIS The Court grants the #1 APPLICATION by Michael Ross to Proceed Without Prepayment of Fees and Costs; directs the Clerk of Court to issue the Summonses; further directs the United States Marshal's Service to serve the Summonses and Complaint. The recovery, if any, obtained in this action shall be paid to the Clerk of the Court, who shall pay therefrom all unpaid costs taxed against plaintiff and pay the balance to the plaintiff and plaintiff's attorney, if any. Signed by Magistrate Judge Omar J. Aboulhosn on 6/8/2023. (cc: Plaintiff, pro se) (arb)
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Filing 3
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (arb)
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Filing 2
COMPLAINT. (Attachment: #1 Continuation - Statement of Claim and Relief Sought) (arb)
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Filing 1
APPLICATION by Michael Ross to Proceed Without Prepayment of Fees and Costs (arb)
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