| Court: | ohnd |
| Docket #: | 1:06-cv-00548 |
| Case Name: | Eady v. City of Shaker Heights et al |
| PACER case #: | 133935 |
| Date filed: | 2006-03-09 |
| Date terminated: | 2008-02-20 |
| Assigned to: | Judge Sara Lioi |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Demonta Eady Plaintiff |
Brandon J. Henderson Jeremy T. Browner Eric E. Norton |
| City of Shaker Heights Defendant TERMINATED: 12/14/2007 |
D. John Travis Darlene E. White Timothy John Fitzgerald |
| John Pizon Defendant TERMINATED: 12/14/2007 |
D. John Travis Darlene E. White Timothy John Fitzgerald |
| Matt Dunn Defendant TERMINATED: 12/14/2007 |
D. John Travis Darlene E. White Timothy John Fitzgerald |
| Richard Ammon Defendant TERMINATED: 09/05/2006 |
D. John Travis Darlene E. White |
| James Mariano Defendant |
D. John Travis Darlene E. White Timothy John Fitzgerald |
| Paul Rypinski Defendant TERMINATED: 12/14/2007 |
D. John Travis Darlene E. White Timothy John Fitzgerald |
| Roosevelt Brown Defendant TERMINATED: 12/14/2007 |
D. John Travis Darlene E. White |
| Walter A Ugrinic Defendant TERMINATED: 12/14/2007 |
D. John Travis Darlene E. White Timothy John Fitzgerald |
| Donald A. Barnes Defendant TERMINATED: 09/05/2006 |
D. John Travis Darlene E. White |
| Nurse Hurley Defendant TERMINATED: 09/05/2006 |
Darlene E. White |
| Unknown Hospital Defendant TERMINATED: 09/05/2006 |
Darlene E. White |
| John Doe #1-2 Defendant |
Darlene E. White |
| John Doe #3-10 Defendant |
Darlene E. White |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-03-09 | 1 | 0 | Notice of Removal from Cuyahoga County Court of Common Pleas filed by Matt Dunn, Richard Ammon, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, Donald A. Barnes, City of Shaker Heights & John Pizon. Filing fee paid; receipt number 677040. (Attachments: # 1 Exhibit A# 2 Civil Cover Sheet)(C, BA) (Entered: 03/13/2006) | |||
| 2006-03-09 | 2 | 0 | Random Assignment of Magistrate Judge McHargh (C, BA) (Entered: 03/13/2006) | |||
| 2006-03-09 | 3 | 0 | Corporate Disclosure Statement filed by City of Shaker Heights. (C, BA) (Entered: 03/13/2006) | |||
| 2006-03-15 | 4 | 0 | Motion for extension of time until April 17, 2006 to answer Complaint filed by Matt Dunn, Richard Ammon, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, Donald A. Barnes, City of Shaker Heights, John Pizon. (White, Darlene) (Entered: 03/15/2006) | |||
| 2006-04-15 | 5 | 0 | Notice Of Stipulation To Defendants' Motion For Extension Of Time Until April 17, 2006, To Answer Complaint filed by Demonta Eady. Related document(s) 4 . (Browner, Jeremy) (Entered: 04/15/2006) | |||
| 2006-04-17 | 6 | 0 | Answer to Complaint with Jury Demand (Related Doc # []) filed by Matt Dunn, Richard Ammon, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, Donald A. Barnes, City of Shaker Heights, John Pizon. (Travis, D.) (Entered: 04/17/2006) | |||
| 2006-05-23 | 7 | 0 | Notice of Hearing with case management conference to be held on 6/8/2006 at 11:00 AM at Chambers 15B before Honorable Christopher A. Boyko. (Attachments: # 1 Report of Parties Planning Meeting) (M, M) (Entered: 05/23/2006) | |||
| 2006-05-27 | 8 | 0 | Motion to continue Case Management Conference filed by Demonta Eady. Related document(s) 7 . (Browner, Jeremy) (Entered: 05/27/2006) | |||
| 2006-07-07 | 9 | 0 | First Attorney Appearance Notice by Eric E. Norton filed by on behalf of Demonta Eady. (Norton, Eric) (Entered: 07/07/2006) | |||
| 2006-07-10 | 10 | 0 | Joint Report of Parties' Planning Meeting Under Fed.R.Civ. P. 26 (f) and LR 16.3 (b)(3) filed by Matt Dunn, Richard Ammon, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, Donald A. Barnes, City of Shaker Heights, John Pizon. (White, Darlene) (Entered: 07/10/2006) | |||
| 2006-07-10 | 11 | 0 | Case Management Conference Plan/Order. Case assigned to the standard track. Discovery due by 11/1/2006. Parties to be Joined and Pleading Amendments due by 9/1/2006. Dispositive Motions due by 5/28/2007. Status/Settlement Conference set for 11/2/2006 02:00 PM in Chambers 15B before Honorable Christopher A. Boyko. Signed by Judge Christopher A. Boyko on 07/10/06. (M, M) (Entered: 07/11/2006) | |||
| 2006-09-05 | 12 | 0 | Motion for leave to file Plaintiff's First Amended Complaint filed by Demonta Eady. (Attachments: # 1 Exhibit Plaintiff's First Amended Complaint# 2 Exhibit Declaration of Plaintiff's Counsel)(Norton, Eric) (Entered: 09/05/2006) | |||
| 2006-10-12 | 13 | 0 | First Notice of Substitution of Counsel removing attorney Jeremy Browner and adding attorney Brandon J. Henderson, Eric E. Norton filed by on behalf of Demonta Eady. (Norton, Eric) (Entered: 10/12/2006) | |||
| 2006-10-19 | 14 | 0 | First Proposed Stipulation for extension of time to move or plead to answer the Amended Complaint on or before November 2, 2006 filed by Matt Dunn, Richard Ammon, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, Donald A. Barnes, Nurse Hurley, City of Shaker Heights, John Pizon. (White, Darlene) (Entered: 10/19/2006) | |||
| 2006-10-30 | 15 | 0 | Stipulation & Order. Defendants may answer the Amended Complaint on or before November 2, 2006 . Signed by Judge Christopher A. Boyko on 10/30/06. (M, M) (Entered: 10/30/2006) | |||
| 2006-10-30 | 16 | 0 | Joint Motion for extension of Fact Discovery until December 31, 2006 filed by all parties. (Norton, Eric) (Entered: 10/30/2006) | |||
| 2006-10-31 | 17 | 0 | Answer to Plaintiff's Amended Complaint filed by Matt Dunn, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Travis, D.) (Entered: 10/31/2006) | |||
| 2006-11-01 | 18 | 0 | Unopposed Motion to excuse appearance of Plaintiff at November 2, 2006 Settlement Conference filed by Demonta Eady. (Norton, Eric) (Entered: 11/01/2006) | |||
| 2006-11-30 | 19 | 0 | Subpoena Returned Executed; served upon Justin Harris by Hand Delivered by Process Server on November 21, 2006 filed by Matt Dunn, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, City of Shaker Heights, John Pizon (White, Darlene) (Entered: 11/30/2006) | |||
| 2006-11-30 | 20 | 0 | Subpoena Returned Executed; served upon Derek Kwesiga by Hand Delivered Process Server on November 21, 2006 filed by Matt Dunn, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, City of Shaker Heights, John Pizon (White, Darlene) (Entered: 11/30/2006) | |||
| 2006-11-30 | 21 | 0 | Subpoena Returned Executed; served upon Tyrone Gayle by Hand Delivered by Process Server on November 21, 2006 filed by Matt Dunn, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, City of Shaker Heights, John Pizon (White, Darlene) (Entered: 11/30/2006) | |||
| 2006-11-30 | 22 | 0 | Subpoena Returned Executed; served upon Krystal Carr Jeter by Hand Delivered Process Server on November 21, 2006 filed by Matt Dunn, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, City of Shaker Heights, John Pizon (White, Darlene) (Entered: 11/30/2006) | |||
| 2006-11-30 | 23 | 0 | Subpoena Returned Executed; served upon Ariel Wilson by Hand Delivered by Process Server on November 21, 2006 filed by Matt Dunn, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, City of Shaker Heights, John Pizon (White, Darlene) (Entered: 11/30/2006) | |||
| 2006-11-30 | 24 | 0 | Subpoena Returned Executed; served upon Dwight Vance by Federal Express on November 21, 2006 filed by Matt Dunn, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, City of Shaker Heights, John Pizon (White, Darlene) (Entered: 11/30/2006) | |||
| 2006-12-01 | 25 | 0 | Motion for extension of Discovery until December 21, 2006 filed by Demonta Eady. (Norton, Eric) (Entered: 12/01/2006) | |||
| 2006-12-08 | 26 | 0 | Trial Order . Signed by Judge Christopher A. Boyko on 12/08/06. (M, M) (Entered: 12/08/2006) | |||
| 2007-02-16 | 27 | 0 | Motion for extension of time until March 15, 2007 to provide defense expert reports filed by Matt Dunn, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Attachments: # 1 Exhibit A# 2 Exhibit B - letter of February 7, 2007# 3 Exhibit C - letter of February 13, 2007# 4 Exhibit D - Letter of February 15, 2007)(Travis, D.) (Entered: 02/16/2007) | |||
| 2007-02-19 | 28 | 0 | Amended Motion for extension of time to Produce Expert Reports filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. Related document(s) 27 . (Travis, D.) (Entered: 02/19/2007) | |||
| 2007-02-21 | 29 | 0 | Motion for Second Amended Motion for Physical Exam and for Production of Vehicle and Motion for Extension of Time to Produce Expert Reports filed by Matt Dunn, James Mariano, Paul Rypinski, Roosevelt Brown, Walter A Ugrinic, City of Shaker Heights, John Pizon. Related document(s) 28 . (Attachments: # 1 Exhibit A - letter from Dr. Brendan Patterson)(Travis, D.) (Entered: 02/21/2007) | |||
| 2007-02-27 | 30 | 0 | Order referring case to Magistrate Judge Kenneth S. McHargh for resolution of Discovery Dispute. Signed by Judge Christopher A. Boyko on 02/27/07.(M,M) (Entered: 02/27/2007) | |||
| 2007-03-01 | 31 | 0 | Minutes of proceedings. Telephone Conference regarding Discovery Dispute held on 03/01/2007 before Magistrate Judge Kenneth S. McHargh. Plaintiff agreed to attend scheduled IME on March 2, and to produce photographs and automobile as requested. Court warned Plaintiff of likelihood of sanctions for nonappearance, absent good cause. Plaintiff also agreed to provide supplemental answers to interrogatories by end of business, March 2. Court granted Defendants' motion for extension of time (until March 15) to produce expert reports. (Court Reporter none.) (Time: 19 Mins.) (S,S) (Entered: 03/01/2007) | |||
| 2007-03-02 | 32 | 0 | Minutes of proceedings.Telephone Conference held on 03/02/2007 before Magistrate Judge Kenneth S. McHargh on disputed related to discovery. Defendants requested that Mr. Eady sit in his automobile for purposes of photography and measurement by defendants' reconstruction expert. Plaintiff expressed reluctance to do so without court order. No legal objections were raised by plaintiff's counsel. Court granted Defendants' oral motion for an order to comply with the requests. (Court Reporter none.) (Time: 10 Mins.) (S,S) (Entered: 03/02/2007) | |||
| 2007-03-14 | 33 | 0 | Motion for disclosure (WITHDRAWN 03/15/2007 and CORRECTLY REFILED 03/15/2007)of Expert Witnesses and Notice of Filing Expert Reports filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Attachments: # 1 Affidavit Expert report of Brendan Patterson# 2 Affidavit Expert report of Henry Lipian# 3 Affidavit Expert report of Sam Faulkner)(Travis, D.) Modified on 3/15/2007 (Ress, Debra). (Entered: 03/14/2007) | |||
| 2007-03-15 | 34 | 0 | Notice of Withdrawal of Defendants' Disclosure of Expert Witnesses and Notice of Filing Expert Reports filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. Related document(s) 33 .(Travis, D.) Corrected re-filing, see document # 33 . Modified on 3/15/2007 (C, Br). (Entered: 03/15/2007) | |||
| 2007-03-15 | 35 | 0 | Notice of Submission of Expert Reports filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Attachments: # 1 Affidavit Expert report of Brendan Patterson, M.D.# 2 Affidavit Expert report of Henry Lipian# 3 Affidavit Expert report of Samuel D. Faulkner)(Travis, D.) (Entered: 03/15/2007) | |||
| 2007-04-03 | 36 | 0 | Notice of Discovery Dispute filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Attachments: # 1 Exhibit 1, Affidavit of D John Travis)(White, Darlene) (Entered: 04/03/2007) | |||
| 2007-04-11 | 37 | 0 | Order referring case to Magistrate Judge Kenneth S. McHargh for purpose of resolving discovery dispute (Related document(s) 36 ). Signed by Judge Sara Lioi on 04/11/2007.(S,S) (Entered: 04/11/2007) | |||
| 2007-04-13 | 38 | 0 | Notice of telephonic status conference regarding discovery dispute (Related documents 36 and 37 ) scheduled for 4/19/2007 at 1:30 PM. before Magistrate Judge Kenneth S. McHargh. Parties to set up the conference call prior to calling the Court at 216-357-7230. (R,N) (Entered: 04/13/2007) | |||
| 2007-04-20 | 39 | 0 | Memorandum regarding discovery dispute (Related documents 36 , 37 ). As outlined in this Order, plaintiff has agreed to provide fuller responses to the defendant's interrogatories on or before 4/27/2007. Signed by Magistrate Judge Kenneth S. McHargh on 4/20/07.(R,N) (Entered: 04/20/2007) | |||
| 2007-04-24 | 40 | 0 | Subpoena Returned Executed; served upon Kelly Petala by Hand-Delivered on April 20, 2007 filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon (White, Darlene) (Entered: 04/24/2007) | |||
| 2007-05-29 | 41 | 0 | Joint Notice of Dismissal Under FRCP 41(a)(1) of Defendant, Roosevelt Brown, filed by all parties. (Norton, Eric) (Entered: 05/29/2007) | |||
| 2007-05-29 | 42 | 0 | Motion for summary judgment filed by Matt Dunn, Paul Rypinski, John Pizon. (Attachments: # 1 Brief in Support)(Travis, D.) (Entered: 05/29/2007) | |||
| 2007-05-29 | 43 | 0 | Motion for partial summary judgment filed by James Mariano. (Attachments: # 1 Brief in Support)(Travis, D.) Modified text on 5/30/2007 (P, G). (Entered: 05/29/2007) | |||
| 2007-05-29 | 44 | 0 | Motion for summary judgment filed by Walter A Ugrinic, City of Shaker Heights. (Attachments: # 1 Brief in Support)(Travis, D.) (Entered: 05/29/2007) | |||
| 2007-05-29 | 45 | 0 | Joint Appendix in Support of Defendants' Motion for Summary Judgment filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. Related document(s) 42 , 44 , 43 . (Attachments: # 1 Affidavit of Walter Ugrinic# 2 Affidavit of James Mariano# 3 Affidavit of Marvin Lamielle# 4 Affidavit of Matthew Dunn# 5 Affidavit of John Pizon# 6 Affidavit of Paul Rypinski# 7 Affidavit of Daniel Engle# 8 Affidavit of Roosevelt Brown# 9 Affidavit of Richard Ammon# 10 Affidavit of Joseph Davis# 11 Plaintiff's Sixth Supplemental Responses and Objections to Defendants' First Set of Interrogatories# 12 Shaker Heights Muni Court Journal Entry Sheet case no. O5CRB00124# 13 Shaker Heights Muni Court Journal Entry case no. 05TRC00022# 14 Affidavit of Breath Testing Machine Operator)(Travis, D.) Modified text on 5/30/2007 (P, G). (Entered: 05/29/2007) | |||
| 2007-05-30 | 46 | 0 | Notice of manual filing of exhibit 5 to the affidavit of James Mariano filed by all defendants. (Complete Document of VHS Cassette Tape on file in Clerk's Office) Related document(s) 45 .(E,P) (Entered: 05/30/2007) | |||
| 2007-06-27 | 47 | 0 | First Motion for extension of Reply to Defendants' Motions for Summary Judgment until July 15, 2007 filed by Demonta Eady. (Norton, Eric) (Entered: 06/27/2007) | |||
| 2007-06-29 | 48 | 0 | Opposition to 47 First Motion for extension of Reply to Defendants' Motions for Summary Judgment until July 15, 2007 filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Fitzgerald, Timothy) (Entered: 06/29/2007) | |||
| 2007-07-09 | 49 | 0 | Affidavit/Declaration of Plaintiff, Demonta Eady, filed by Demonta Eady. (Norton, Eric) Modified text on 7/10/2007 (P, G). (Entered: 07/09/2007) | |||
| 2007-07-09 | 50 | 0 | Affidavit/Declaration Emily Ramacciotti with Exhibits 1 through 7 filed by Demonta Eady. (Norton, Eric) (Entered: 07/09/2007) | |||
| 2007-07-09 | 51 | 0 | Second Motion for extension of July 9, 2007 Deadline to Respond to Defendants' Motions for Summary Judgment until July 10, 2007 filed by Demonta Eady. Related document(s) 42 , 43 , 44 . (Norton, Eric) (Entered: 07/09/2007) | |||
| 2007-07-10 | 52 | 0 | Motion for Order Granting Plaintiff Permission to Exceed Page Limits in Responding to All Defendants' Motions for Summary Judgment filed by Demonta Eady. (Norton, Eric) (Entered: 07/10/2007) | |||
| 2007-07-10 | 53 | 0 | Opposition to 42 Motion for summary judgment, 43 Motion for summary judgment, 44 Motion for summary judgment filed by Demonta Eady. (Attachments: # 1 Exhibit Comparison of Defendant Officers' Narrative Reports)(Norton, Eric) (Entered: 07/10/2007) | |||
| 2007-07-09 | 54 | 0 | Deposition Transcript of Walter A. Ugrinic taken on 12/19/06. Complete document on file, 91 pages + 72 pages of exhibits. filed by Demonta Eady. Related document(s) 43 , 44 . (E,P) (Entered: 07/10/2007) | |||
| 2007-07-09 | 55 | 0 | Deposition Transcript of Paul Rypinski taken on 11/16/06. Complete document on file, 72 pages. filed by Demonta Eady. Related document(s) 42 , 44 . (E,P) (Entered: 07/10/2007) | |||
| 2007-07-09 | 56 | 0 | Deposition Transcript of John J. Pizon taken on 11/16/06. Complete document on file, 110 pages. filed by Demonta Eady. Related document(s) 42 , 44 . (E,P) (Entered: 07/10/2007) | |||
| 2007-07-09 | 57 | 0 | Deposition Transcript of Lt. James A. Mariano taken on 11/22/06. Complete document on file, 172 pages. filed by Demonta Eady. Related document(s) 42 , 44 . (E,P) (Entered: 07/10/2007) | |||
| 2007-07-09 | 58 | 0 | Deposition Transcript of Mathew J. Dunn taken on 11/16/06. Complete document on file, 73 pages. filed by Demonta Eady. Related document(s) 42 , 44 . (E,P) (Entered: 07/10/2007) | |||
| 2007-07-09 | 59 | 0 | 3 VHS Cassette Tapes in support of plaintiff's memorandum in opposition to summary judgment filed by Demonta Eady. ( Tapes on file in Clerk's Office) Related document(s) 42 , 44 . (E,P) Modified text on 7/10/2007 (E, P). (Entered: 07/10/2007) | |||
| 2007-07-10 | 60 | 0 | Deposition Transcript of Tyrone L. Gayle taken on 11/30/06. Complete document on file, 23 pages. filed by Demonta Eady. (E,P) (Entered: 07/10/2007) | |||
| 2007-07-10 | 61 | 0 | Motion for extension of reply to plaintiff's opposition to defendants' motion for summary judgment until July 17, 2007, (Related document # 53 ) filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Travis, D.) Modified on 7/11/2007 to create link (P, G). (Entered: 07/10/2007) | |||
| 2007-07-10 | 62 | 0 | Supplement to Opposition to Defendants' Motions for Summary Judgment filed by Demonta Eady. Related document(s) 53 . (Norton, Eric) (Entered: 07/10/2007) | |||
| 2007-07-17 | 63 | 0 | Reply in support of 43 Motion for summary judgment filed by James Mariano. (Travis, D.) (Entered: 07/17/2007) | |||
| 2007-07-17 | 64 | 0 | Reply in support of 42 Motion for summary judgment filed by Matt Dunn, Paul Rypinski, John Pizon. (Travis, D.) (Entered: 07/17/2007) | |||
| 2007-07-17 | 65 | 0 | Reply in support of 44 Motion for summary judgment filed by Walter A Ugrinic, City of Shaker Heights. (Travis, D.) (Entered: 07/17/2007) | |||
| 2007-07-17 | 66 | 0 | Notice of Filing Partial Deposition Transcript of Demonta Eady filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Attachments: # 1 Partial Deposition Transcript of Plaintiff Demonta Eady)(Travis, D.) (Entered: 07/17/2007) | |||
| 2007-07-24 | 67 | 0 | Notice of Production of Additional Photographic Evidence filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Travis, D.) (Entered: 07/24/2007) | |||
| 2007-07-24 | 68 | 0 | Additional photographic evidence filed by defendants Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights and John Pizon. Complete document on file in Clerk's office, 9 pages. Document does not contain original signature. Related document(s) 67 . (S,He) (Entered: 08/16/2007) | |||
| 2007-09-13 | 69 | 0 | Trial Brief of Plaintiff filed by Demonta Eady. (Norton, Eric) (Entered: 09/13/2007) | |||
| 2007-09-13 | 70 | 0 | Proposed Jury Instructions of Plaintiff filed by Demonta Eady. (Norton, Eric) (Entered: 09/13/2007) | |||
| 2007-12-06 | 71 | 0 | Notice of Supplemental Authority filed by Matt Dunn, James Mariano, Paul Rypinski, Walter A Ugrinic, City of Shaker Heights, John Pizon. (Attachments: # 1 Marvin v. City of Taylor)Related document(s) 42 , 43 , 44 .(Travis, D.) (Entered: 12/06/2007) | |||
| 2007-12-14 | 72 | 0 | Memorandum Opinion granting summary judgment motions of the City and Chief Ugrinic (Related Doc # 44 ) and Officers Dunn, Pizon, and Rypinski (Related Doc # 42 ) in their entirety. All claims against these defendants are dismissed. Pursuant to the parties' joint notice of dismissal of defendant Roosevelt Brown, all claims against Officer Brown are also dismissed. The Court further grants Lieutenant Mariano's motion for summary judgment (Related Doc # 43 ), in part, and denies the motion, in part. Counts II, III, VII and VIII are dismissed against Lieutenant Mariano. Counts I, IV, V, VI, to the extent they do not go to the alleged "knee strike" assault at the scene, are also dismissed against Lieutenant Mariano. Counts I, IV, V, and VI, to the extent they relate to the alleged "knee strike", survive summary judgment as against Lieutenant Mariano only. Signed by Judge Sara Lioi on 12/14/2007.(P,J) (Entered: 12/14/2007) | |||
| 2007-12-14 | 73 | 0 | Judgment Entry granting summary judgment motions of the City and Chief Ugrinic (Related Doc # 44 ) and Officers Dunn, Pizon, and Rypinski (Related Doc # 42 ) in their entirety. All claims against these defendants are dismissed. Pursuant to the parties' joint notice of dismissal of defendant Roosevelt Brown (Related Doc # 41 ), all claims against Officer Brown are also dismissed. Lieutenant Mariano's motion for summary judgment (Related Doc # 43 ), is granted in part, and denied in part. Counts II, III, VII and VIII are dismissed against Lieutenant Mariano. Counts I, IV, V, VI, to the extent they do not go to the alleged "knee strike" assault at the scene, are also dismissed against Lieutenant Mariano. Counts I, IV, V, and VI, to the extent they relate to the alleged "knee strike", survive summary judgment as against Lieutenant Mariano only. Signed by Judge Sara Lioi on 12/14/2007. (P,J) (Entered: 12/14/2007) | |||
| 2007-12-17 | 74 | 0 | Notice of Telephone Status Conference set for 12/19/2007 at 10:00 AM before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. (P,J) (Entered: 12/17/2007) | |||
| 2007-12-17 | 75 | 0 | Notice of Telephone Status Conference rescheduled to 12/20/2007 at 1:00 PM before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. (P,J) (Entered: 12/17/2007) | |||
| 2007-12-20 | 76 | 0 | Final Pre-Trial Conference and Trial Order scheduling Final Pretrial Conference for 1/22/2008 at 4:30 PM and Jury Trial for 2/4/2008 at 8:00 AM before Judge Sara Lioi. Signed by Judge Sara Lioi on 12/20/2007. (P,J) (Entered: 12/20/2007) | |||
| 2008-01-17 | 77 | 0 | Notice of Final Pretrial Conference rescheduled to 11:00 a.m. on 1/22/2008 before Judge Sara Lioi in Chambers 402. (CHANGE IN TIME ONLY) (P,J) (Entered: 01/17/2008) | |||
| 2008-01-17 | 78 | 0 | Motion in limine Regarding Plaintiff's Claims and Theories of Liability Disposed of by Court's Summary Judgment filed by Defendant James Mariano. (Travis, D.) (Entered: 01/17/2008) | |||
| 2008-01-17 | 79 | 0 | Motion in limine Regarding Plaintiff's Acquittal of Criminal Charges filed by Defendant James Mariano. (Travis, D.) (Entered: 01/17/2008) | |||
| 2008-01-17 | 80 | 0 | Motion in limine Regarding Plaintiff's Speculative Lost Wage Claim filed by Defendant James Mariano. (Travis, D.) (Entered: 01/17/2008) | |||
| 2008-01-17 | 81 | 0 | Motion in limine Regarding Incidents of Force Administered at Police Station and Jail filed by Defendant James Mariano. (Travis, D.) (Entered: 01/17/2008) | |||
| 2008-01-17 | 82 | 0 | Proposed Stipulation and Order filed by James Mariano. (Travis, D.) (Entered: 01/17/2008) | |||
| 2008-01-17 | 83 | 0 | Motion in limine Regarding Plaintiff's Emotional Distress Claim filed by Defendant James Mariano. (Travis, D.) (Entered: 01/17/2008) | |||
| 2008-01-18 | 84 | 0 | First Motion to continue February 4, 2008 Jury Trial and Motion for Leave to File Updated Civil Rule 26 Pretrial Disclosures Identifying Second Medical Expert filed by Plaintiff Demonta Eady. (Norton, Eric) (Entered: 01/18/2008) | |||
| 2008-01-18 | 85 | 0 | Opposition to 84 First Motion to continue February 4, 2008 Jury Trial and Motion for Leave to File Updated Civil Rule 26 Pretrial Disclosures Identifying Second Medical Expert filed by James Mariano. (Travis, D.) (Entered: 01/18/2008) | |||
| 2008-01-21 | 86 | 0 | First Motion to continue January 22, 2008 Final Pretrial Conference filed by Plaintiff Demonta Eady. (Norton, Eric) (Entered: 01/21/2008) | |||
| 2008-01-22 | 87 | 0 | Proposed Voir Dire filed by James Mariano. (White, Darlene) (Entered: 01/22/2008) | |||
| 2008-01-28 | 88 | 0 | Proposed Jury Instructions filed by James Mariano. (Fitzgerald, Timothy) (Entered: 01/28/2008) | |||
| 2008-01-29 | 89 | 0 | Reply to response to 78 Motion in limine Regarding Plaintiff's Claims and Theories of Liability Disposed of by Court's Summary Judgment filed by Demonta Eady. (Norton, Eric) (Entered: 01/29/2008) | |||
| 2008-01-30 | 90 | 0 | Order granting in part defendant Mariano's motion in limine to exclude evidence relating to the claims and theories of liability disposed of by the Court's ruling on summary judgment (Related Doc # 78 ). Defendant Mariano's motion in limine to exclude evidence of plaintiff's acquittal of criminal charges (Related Doc # 79 ) and motion in limine to exclude evidence relating to the incidents of force administered at the police station and jail (Related Doc # 81 ) are granted. Signed by Judge Sara Lioi on 1/30/2008.(P,J) (Entered: 01/30/2008) | |||
| 2008-01-31 | 91 | 0 | Motion for reconsideration of in limine order regarding videotape evidence filed by Defendant James Mariano. Related document(s) 90 . (Fitzgerald, Timothy) (Entered: 01/31/2008) | |||
| 2008-02-01 | 92 | 0 | Joint Submission Regarding Remarks to the Jury filed by James Mariano. (Travis, D.) Modified text on 2/4/2008 (P,G). (Entered: 02/01/2008) | |||
| 2008-02-01 | 93 | 0 | Order granting the motion of defendant Mariano for reconsideration (Related Doc # 91 ). The Court reverses its previous ruling and holds that the videotapes of the sally port and the booking area shall not be admitted at trial. (Related Doc # 90 ). Signed by Judge Sara Lioi on 2/1/2008.(P,J) (Entered: 02/01/2008) | |||
| 2008-02-07 | 94 | 0 | Order that the jurors will be provided lunch during their deliberations at the Court's expense. Signed by Judge Sara Lioi on 2/7/2008. (P,J) (Entered: 02/07/2008) | |||
| 2008-02-07 | 95 | 0 | Verdict for defendant and against plaintiff. (Attachments: # 1 Verdict - Unredacted) (P,J) Modified filing date on 2/8/2008 (P,J). (Entered: 02/08/2008) | |||
| 2008-02-07 | 96 | 0 | Interrogatory No. 1 of the jury. (Attachments: # 1 Interrogatory No. 1 - Unredacted) (P,J) (Entered: 02/08/2008) | |||
| 2008-02-20 | 97 | 0 | Judgment Entry: Pursuant to verdict rendered by the jury on 2/7/2008, this judgment is entered pursuant to Federal Rule of Civil Procedure 58 and this action is terminated (Related Doc # 95 ). Signed by Judge Sara Lioi on 2/20/2008. (P,J) (Entered: 02/20/2008) | |||
| 2012-03-14 | 98 | 0 | Non-Appeal Transcript Order Form (unsigned) for proceedings held on 2/5/2008, 2/6/2008 and 2/7/2008 before Judge Lioi, Court Reporter: Caroline Mahnke. Requested completion date: immediate. Requested by BL Harrison - Oh Medical Board. (S,He) (Entered: 03/14/2012) | |||
| 2012-03-15 | 99 | 0 | Excerpt of Transcript of Trial, Testimony of Brendan Patterson held on February 6, 2008 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [50 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/22/2012. Redaction Request due 4/5/2012. Redacted Transcript Deadline set for 4/16/2012. Release of Transcript Restriction set for 6/13/2012. Related document(s) 98 . (M,Ca) (Entered: 03/15/2012) |