Case details

Court: ohsd
Docket #: 3:08-cv-00086
Case Name: Burghy v. Dayton Racquet Club, Inc. et al
PACER case #: 121700
Date filed: 2008-03-14
Date terminated: 2010-08-16
Assigned to: Judge Timothy S. Black
Case Cause: 15:1681 Fair Credit Reporting Act
Nature of Suit: 480 Consumer Credit
Jury Demand: None
Jurisdiction: Federal Question

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-03-14 1 0 COMPLAINT against Dayton Racquet Club, Inc, ClubCorp USA Inc, filed by Mandy Burghy. (sc1, ) (Additional attachment(s) added on 3/17/2008: # 1 Exhibit A) (sc1, ). (Entered: 03/17/2008)
1 1 Exhibit A 2014-11-12 17:21:13 29901d300c1aa9a784203bb0dfefbabab4199958
2008-04-23 2 0 WAIVER OF SERVICE Returned Executed by Plaintiff Mandy Burghy, Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. Dayton Racquet Club, Inc waiver sent on 3/14/2008, answer due 5/13/2008; ClubCorp USA Inc waiver sent on 3/14/2008, answer due 5/13/2008. (Zeigler, Andrew) (Entered: 04/23/2008)
2008-05-13 3 0 ANSWER to 1 Complaint by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. (Day, Alison) (Entered: 05/13/2008)
2008-05-13 4 0 Corporate Disclosure Statement by Defendant Dayton Racquet Club, Inc. (Day, Alison) (Entered: 05/13/2008)
2008-05-13 5 0 Corporate Disclosure Statement by Defendant ClubCorp USA Inc. (Day, Alison) (Entered: 05/13/2008)
2008-05-29 6 0 RULE 26(f) REPORT by Plaintiff Mandy Burghy. (Zeigler, Andrew) (Entered: 05/29/2008)
2008-06-17 7 0 PRELIMINARY PRETRIAL ORDER: Motions directed to pleadings due by 7/15/2008. Lay Witness due by 8/15/2008. Plaintiff Primary Expert due by 8/15/2008. Discovery due by 3/10/2009. Motions not directed to pleadings due by 4/10/2009. Proposed Final Pretrial Order due by 7/21/2009. Final Pretrial Telephone Conference set for 7/28/2009 05:00 PM before Judge Walter H Rice. Exhibit Submission for Trial or Hearing due by 7/24/2009. Jury Trial set for 8/10/2009 09:00 AM in Courtroom 1 before Judge Walter H Rice. Status Telephone Conference set for 3/17/2009 05:00 PM before Judge Walter H Rice. Signed by Judge Walter H Rice on 6/17/2008. (davisj1, ) (Entered: 06/17/2008)
2008-08-15 8 0 Witness List by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. (Day, Alison) (Entered: 08/15/2008)
2008-08-15 9 0 Witness List by Plaintiff Mandy Burghy. (Zeigler, Andrew) (Entered: 08/15/2008)
2009-02-20 10 0 MOTION to Dismiss for Lack of Prosecution and For Attorney's Fees by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. Responses due by 3/16/2009 (Attachments: # 1 Exhibit 1 - Affidavit of Alison M. Day) (Day, Alison) (Entered: 02/20/2009)
2009-02-20 11 0 NOTICE OF FILING DEPOSITION of Mandy Burghy by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. (Day, Alison) (Entered: 02/20/2009)
2009-02-20 12 0 DEPOSITION of Mandy Burghy taken on December 17, 2008 by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. (Day, Alison) (Entered: 02/20/2009)
2009-03-02 13 0 RESPONSE to Motion re 10 MOTION to Dismiss for Lack of Prosecution and For Attorney's Fees filed by Plaintiff Mandy Burghy. (Zeigler, Andrew) (Entered: 03/02/2009)
2009-03-05 14 0 REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS; ORDER COMPELLING DEPOSITION - It is respectfully recommended that Defendant's Motion to Dismiss for Lack of Prosecution (Doc. No. 10) be denied. Objections to R&R due by 3/23/2009. It is also ORDERED that Plaintiff's deposition be taken in the jury deliberation room of Courtroom No. 4, fifth floor, 200 West Second Street, Dayton, Ohio 45402, commencing at 10:00 A.M. on Tuesday, March 10, 2009. Defendant's counsel shall arrange for the attendance of a court reporter. This date may be changed only by court order and neither party shall seek such an order without prior compliance with S. D. Ohio Civ. R. 7.3. Because Plaintiff has provided no justification for her very late notice that she would not be attending her own deposition, Defendant is entitled to recover attorney fees and expenses caused by that failure. Defendant may submit an appropriate motion for fees and expenses with verification that they were incurred. Signed by Magistrate Judge Michael R Merz on 3/5/2009. (kopf1, ) (Entered: 03/05/2009)
2009-03-25 15 0 ORDER ADOPTING REPORT AND RECOMMENDATIONS - ACCORDINGLY, IT IS HEREBY ORDERED THAT DEFENDANT'S MOTION TO DISMISS FOR LACK OF PROSECUTION IS DENIED. Signed by Judge Walter H Rice on 3/25/2009. (davisj1, ) (Entered: 03/25/2009)
2009-04-10 16 0 NOTICE OF FILING DEPOSITION of Mandy Burghy by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. (Day, Alison) (Entered: 04/10/2009)
2009-04-10 17 0 DEPOSITION of Mandy Burghy taken on 03/10/2009 by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. (Day, Alison) (Entered: 04/10/2009)
2009-04-10 18 0 MOTION for Summary Judgment by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. Responses due by 5/4/2009 (Day, Alison) (Entered: 04/10/2009)
2009-05-05 19 0 NOTICE by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc re 18 MOTION for Summary Judgment of Plaintiff's Failure to Oppose Motion (Day, Alison) (Entered: 05/05/2009)
2009-05-05 20 0 RESPONSE to Motion re 18 MOTION for Summary Judgment filed by Plaintiff Mandy Burghy. (Zeigler, Andrew) (Entered: 05/05/2009)
2009-05-19 21 0 REPLY to Response to Motion re 18 MOTION for Summary Judgment filed by Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. (Attachments: # 1 Exhibit A - FTC Staff Op. Letter, Lewis, June 11, 1998, # 2 Exhibit B - FTC Staff Op. Letter, Coffey, February 11, 1998) (Day, Alison) (Entered: 05/19/2009)
2009-06-29 22 0 Joint MOTION to Continue Trial Date and Related Pre-Trial Dates by Plaintiff Mandy Burghy, Defendants Dayton Racquet Club, Inc, ClubCorp USA Inc. (Day, Alison) (Entered: 06/29/2009)
2009-07-02 23 0 ORDER GRANTING 22 Joint Motion to Continue. Accordingly, the following dates and deadlines, which were originally set by the Court's Preliminary Pretrial Conference Order (Doc. 7 ), are vacated: (1) the cut-off date for pre-trial motions; (2) the deadline for filing the Parties' Joint Final Pretrial Order; (3) the deadline for exchanging trial exhibits; (4) the Final Pretrial Conference date; and (5) the Trial date. Signed by Judge Walter H Rice on 7/2/09. (cib1) (Entered: 07/02/2009)
2009-07-09 24 0 ENTRY OF CONTINUANCE; NEW TRIAL DATE AND OTHER DATES SET: Proposed Final Pretrial Order due by 11/17/2009. Final Pretrial Telephone Conference set for 11/24/2009 05:00 PM before Judge Walter H Rice. Exhibit Submission for Trial or Hearing due by 11/20/2009. Jury Trial set for 12/7/2009 09:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice. Signed by Judge Walter H Rice on 7/9/2009. (davisj1, ) (Entered: 07/09/2009)
2009-11-06 25 0 (DELETED 11/09/2009) NOTICE by Defendants ClubCorp USA Inc, Dayton Racquet Club, Inc of Filing Pretrial Disclosures Under Fed. R. Civ. P. 26(A)(3) (Day, Alison) Modified on 11/10/2009 discovery - Rule 5(d) (sc1, ). (Entered: 11/06/2009)
2009-11-07 26 0 (DELETED 11/09/2009 NOTICE by Plaintiff Mandy Burghy of Filing Pretrial Disclosures Under Fed. R. Civ. P. 26(A)(3) (Zeigler, Andrew) Modified on 11/9/2009 to delete - Discovery (sc1, ). (Entered: 11/07/2009)
2009-11-17 27 0 Proposed Pretrial Order by Plaintiff Mandy Burghy, Defendants ClubCorp USA Inc, Dayton Racquet Club, Inc. (Day, Alison) (Entered: 11/17/2009)
2009-11-25 28 0 Joint MOTION to Continue Trial Date and Related Pre-Trial Dates by Plaintiff Mandy Burghy, Defendants ClubCorp USA Inc, Dayton Racquet Club, Inc. (Day, Alison) (Entered: 11/25/2009)
2009-11-25 29 0 Proposed Jury Instructions by Defendants ClubCorp USA Inc, Dayton Racquet Club, Inc. (Day, Alison) (Entered: 11/25/2009)
2010-02-26 30 0 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS MOTION FOR SUMMARY JUDGMENT 18 ; CONFERENCE CALL SET. Signed by Judge Walter H Rice on 2/26/2010. (jwd1) (Entered: 02/26/2010) 2010-03-29 09:26:39 45677e1ab5c46bbcfbaab153f4bcaec03e957fd3
2010-03-22 31 0 ENTRY OF CONTINUANCE; NEW TRIAL DATE AND OTHER DATES SET: (VACATED PER NOTICE ON 5/28/10) Final Pretrial Telephone Conference set for 7/20/2010 at 5:00 PM before Judge Walter H Rice. All exhibits to be exchanged by and between counsel no later than the close of business on Friday, 7/16/10. All trial motions, such as Motions in Limine, etc., must be filed no later than the close of business 7/6/10. Jury Trial set for 8/2/2010 at 9:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice.. Signed by Judge Walter H Rice on 3/22/10. (cib1) (cib1). Modified on 5/28/2010 (kje1). (Entered: 03/22/2010)
2010-04-07 32 0 STATUS REPORT by Plaintiff Mandy Burghy. (Zeigler, Andrew) (Entered: 04/07/2010)
2010-05-07 33 0 STATUS REPORT ON SETTLEMENT by Plaintiff Mandy Burghy. (Zeigler, Andrew) (Entered: 05/07/2010)
2010-05-25 34 0 ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Walter H Rice no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 5/25/2010. (tt1) (Entered: 05/25/2010)
2010-06-15 35 0 AMENDED CALENDAR ORDER. The Calendar Order in this case is VACATED (Doc. 31 ). The Court hereby enters the following Amended Calendar Order: Joint Proposed Final Pretrial Order due by 8/13/2010. Final Pretrial Conference in Dayton Chambers, Room 902 set for 8/19/2010 at 10:00 AM. Trial set for 8/23/2010 at 9:30 AM. Signed by Judge Timothy S. Black on 6/15/10. (cib1) (Entered: 06/15/2010)
2010-07-30 36 0 NOTICE of Settlement by Defendants ClubCorp USA Inc, Dayton Racquet Club, Inc (Day, Alison) (Entered: 07/30/2010)
2010-08-13 37 0 STIPULATION of Dismissal with prejudice by Plaintiff Mandy Burghy. (Zeigler, Andrew) (Entered: 08/13/2010)