Case details

Court: ohnd
Docket #: 3:04-cv-07177
Case Name: Kimmel v. Waste Management, Inc. et al
PACER case #: 109568
Date filed: 2004-04-05
Date terminated: 2005-03-28
Assigned to: Judge David D. Dowd, Jr
Case Cause: 42:2000e Job Discrimination (Employment)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-04-05 1 0 Complaint with jury demand against Tony Holbrook, Waste Management of Ohio, Inc., Waste Management, Inc. (One summons and Magistrate Consent Forms issued). Filed by Diane Kimmel. Filing fee paid; receipt number 317705. (Attachments: # 1 Civil Cover Sheet)(N, D) (Entered: 04/07/2004)
2004-04-29 2 0 Answer to Complaint (Related Doc # 1 ) filed by Tony Holbrook. (N, D) (Entered: 04/30/2004)
2004-05-04 3 0 Answer to Complaint (Related Doc # 1 ) filed by Waste Management of Ohio, Inc., Waste Management, Inc.. (Chesney, Michael) (Entered: 05/04/2004)
2004-05-04 4 0 Case Management Conference Scheduling Notice. CMC to be held on 7/26/2004 at 03:30 PM at Chambers 210. (Recommended Track: Standard) (B, C) (Entered: 05/04/2004)
2004-07-12 5 0 Joint Report of Parties' Planning Meeting filed by Diane Kimmel. (Watts, Patrick) (Entered: 07/12/2004)
2004-07-13 6 0 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Diane Kimmel. (Watts, Patrick) (Entered: 07/13/2004)
2004-07-27 7 0 CASE MANAGEMENT CONFERENCE ORDER. CMC held 7/26/04. Discovery due by 1/31/05. Parties to be Joined and Pleading Amendments due by 11/29/04, Dispositive motions due by 2/21/05, Jury Trial set for 6/28/05 9:00 AM in Courtroom 204, Final pretrial set for 5/23/05 3:00 PM, Phone status set for 11/29/04 10:15 AM . Signed by Judge David A. Katz on 7/27/04. (G, C) (Entered: 07/27/2004)
2004-07-27 8 0 TRIAL ORDER. Jury trial set for 6/28/05 at 9:00 am. Agreed stipulations of fact, trial briefs & motions in limine due by 6/14/05. Signed by Judge David A. Katz on 7/27/04. (G, C) (Entered: 07/27/2004)
2004-08-12 9 0 Unopposed Motion for leave to File an Amended Complaint filed by Diane Kimmel. Related document(s) 1 . (Attachments: # 1 Exhibit 1)(Watts, Patrick) (Entered: 08/12/2004)
2004-08-12 10 0 MARGINAL ENTRY ORDER granting pltf's motion for leave to amend complaint in order to dismiss Waste Management, Inc. Upon receipt of this order, pltf shall immediately file amended complaint. (Related Doc # 9 ). Signed by Judge David A. Katz on 8/12/04.(B, C) Modified on 8/12/2004 (B, C). (Entered: 08/12/2004)
2004-08-12 11 0 Amended complaint with jury demand against Waste Management of Ohio, Inc. Filed by Diane Kimmel. (Watts, Patrick) Modified on 8/24/2004 (N, D). (Entered: 08/12/2004)
2004-08-13 12 0 Answer to Amended Complaint (Related Doc # 11 ) filed by Waste Management of Ohio, Inc.. (Chesney, Michael) (Entered: 08/13/2004)
2004-08-18 13 0 Answer to Amended Complaint (Related Doc # 11 ) filed by Tony Holbrook. (Balyeat, Clay) Modified on 8/23/2004 to edit text and to note no signatures on pleading or on proof of service. Filer Notified (B, T). (Entered: 08/18/2004)
2004-09-13 14 0 ORDER case transferred to the docket of Judge David D. Dowd. Signed by Judge David A. Katz on 9/13/04. (G, C) (Entered: 09/13/2004)
2004-09-14 15 0 Order directing parties to electronically file a joint status report by 9/24/2004. Signed by Judge David D. Dowd Jr. on 9/14/2004. (M, D) (Entered: 09/14/2004)
2004-09-20 16 0 Random Assignment of Magistrate Judge George J. Limbert.(S, T) (Entered: 09/20/2004)
2004-09-23 17 0 Status Report filed by all parties. (Chesney, Michael) (Entered: 09/23/2004)
2004-09-24 18 0 Order modifying some dates in the Case Management Conference Plan/Order 7 : continuing the Status Conference set for 11/29/2004 to 1/27/2005 at 12:00 PM in Chambers 402 before Hon. David D. Dowd Jr. (counsel to attend in person); Discovery due by 1/24/2005; Dispositive Motions due by 2/18/2005, with responses due 3/4/2005 and replies due 3/11/2005; final pretrial on 5/23/2005 and trial on 6/28/2005 are both cancelled; the Court will set the trial date at the Status Conference on 1/27/2005. Signed by Judge David D. Dowd Jr. on 9/24/04. (D, S) (Entered: 09/24/2004)
2005-01-05 19 0 Motion for Referral to Mediation and Extension of Discovery Deadline filed by Waste Management of Ohio, Inc.. (Chesney, Michael) (Entered: 01/05/2005)
2005-01-06 20 0 Order granting Motion for referral to mediation (Related Doc # 19 ); all deadlines suspended (see order for details); mediation to be completed by 2/28/2005; 1/27/2005 status conference cancelled. Signed by Judge David D. Dowd Jr. on 1/6/2005.(D, S) Modified on 1/6/2005 to add cancellation of status conference (D, S). (Entered: 01/06/2005)
2005-01-07 21 0 List of potential neutrals sent to parties. Neutral selection due by 1/18/2005. Mediation cofnerence to be scheduled 2/28/2005. Report of Mediator to be filed manually no later than 3/10/2005 (Related document(s) 20 ). (D, P) (Entered: 01/07/2005)
2005-01-18 22 0 Agreed Mediation Ranking Information Sheet filed by Diane Kimmel (Related document(s) 21 Notice of Referral to ENE/Mediation - List of potential neutrals sent to parties)( Watts, Patrick) (Entered: 01/18/2005)
2005-01-18 23 0 Notice sent to the first potential neutral, re: conflict request. Neutral Conflict Response due by 1/21/2005 (Related document(s) 22 ). (D, P) (Entered: 01/18/2005)
2005-01-18 24 0 Notice of Service of answers to interrogatories filed by Tony Holbrook. (N, D) (Entered: 01/19/2005)
2005-01-26 25 0 Notice received from first potential neutral, re: conflict. Neutral available: No Related document(s) 23 . (S, J) (Entered: 01/26/2005)
2005-01-26 26 0 Notice sent to second potential neutral, re: conflict request Neutral Conflict Response due by 1/28/2005, Related document(s) 25 . (S, J) (Entered: 01/26/2005)
2005-02-02 27 0 Notice received from the second potential neutral, re: conflict. Neutral available: No (Related document(s) 26 ). (D, P) (Entered: 02/02/2005)
2005-02-02 28 0 Notice sent to the third potential neutral, re: conflict request. Neutral Conflict Response due by 2/4/2005 (Related document(s) 22 ). (D, P) (Entered: 02/02/2005)
2005-02-03 29 0 Notice received from third potential neutral, re: conflict. Neutral available: Yes Related document(s) 28 . (S, J) (Entered: 02/03/2005)
2005-02-03 30 0 Notice designation of neutral - Mediator advised to schedule initial mediation conference on or before 2/28/2005. Report of Mediator to be filed manually no later than 3/10/2005. REPORT OF MEDIATOR FORM ATTACHED TO THE NOTICE OF DESIGNATION. Mediator advised to scheduled mediation conference and file electronic notice which identifies the date, time and location of mediation conference. Mediation process to be completed by 3/10/2005. Designated neutral: Barton A. Bixenstine. Related document(s) 29 , 21 . (S, J) (Entered: 02/03/2005)
2005-02-09 31 0 Address Change Notice by Michael N. Chesney filed by on behalf of Waste Management of Ohio, Inc.. (Chesney, Michael) (Entered: 02/09/2005)
2005-02-14 32 0 Motion for excusal from Mediation Hearing scheduled for 2/28/05 filed by Tony Holbrook. (Attachments: # 1 Proposed Judgment Entry)(N, D) (Entered: 02/14/2005)
2005-02-22 33 0 Order denying Motion for order excusing defendant Holbrook and/or his counsel from mediation (Related Doc # 32 ). Signed by Judge David D. Dowd Jr. on 2/22/05.(D, S) (Entered: 02/22/2005)
2005-02-24 34 0 Order extending deadline for completion of mediation to 3/4/05 and the deadline for the mediator to file his report to 3/11/05. Signed by Judge David D. Dowd Jr. on 2/24/05.(Z, M) Modified on 2/25/2005 (R, Ci). (Entered: 02/24/2005)
2005-02-24 35 0 Notice of mediation conference scheduled 3/3/2005 at 9:30 AM, 1300 East Ninth Street, Ste. 900, Cleveland, OH, filed by Barton A Bixenstine. Report of Mediator to be manually filed by 3/11/2005. (Bixenstine, Barton) Modified on 2/25/2005 (D, P). (Entered: 02/24/2005)
2005-03-09 36 0 Final Mediation Report filed manually with ADR Administrator. Disp. Code: 26. Future ADR: not applicable (Related document(s) 35 ). (D, P) (Entered: 03/09/2005)
2005-03-09 37 0 Notice of ADR Administrator - mediation conference held 3/3/2005 and as a result, the parties settled their dispute. A dismissal entry will be filed with the court on or before 3/17/2005. The mediation process is complete (Related document(s) 36 ). (D, P) (Entered: 03/09/2005)
2005-03-24 38 0 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Diane Kimmel. (Watts, Patrick) (Entered: 03/24/2005)
2005-03-25 39 0 Order that the court will not approve 38 proposed Stipulated Dismissal with Prejudice filed by Diane Kimmel (see order for details and directives). Signed by Judge David D. Dowd Jr. on 3/25/05. (D, S) (Entered: 03/25/2005)
2005-03-25 40 0 Stipulated Notice of Dismissal Under FRCP 41(a)(1)(with original signatures) filed by Diane Kimmel. (Watts, Patrick) Modified on 3/29/2005 (R, Ci). (Entered: 03/25/2005)
2005-03-28 41 0 Marginal Order signed by Judge David D. Dowd on 3/28/05 approving stipulated dismissal with prejudice 40 . (P, S) (Entered: 03/28/2005)