Case details

Court: ohsd
Docket #: 1:09-cv-00634
Case Name: Downey v. Downey
PACER case #: 132712
Date filed: 2009-08-31
Date terminated: 2013-01-07
Assigned to: Judge Michael R. Barrett
Referred to: Magistrate Judge Karen L. Litkovitz
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Christopher Vernon Downey
Plaintiff
Christopher Vernon Downey
118 W. Nixon St. Cincinnati, OH 45220 513-281-2328 PRO SE

Blaise A. Downey
Defendant
Joseph J Braun
Strauss & Troy - 1 The Federal Reserve Building 150 E Fourth Street 4th Floor Cincinnati, OH 45202-4018 513-621-2120 Email: jjbraun@strausstroy.com
TERMINATED: 05/21/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Douglas Haman
Law Office of Douglas Haman 1821 Walker Street Cincinnati, OH 45202 513-702-2112 Email: doug.haman@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-08-31 1 0 MOTION for Leave to Proceed in forma pauperis by Plaintiff Christopher Vernon Downey. (Attachments: # 1 Civil Cover Sheet, # 2 Complaint) (mr1, ) (Entered: 08/31/2009)
2009-09-10 2 0 ORDER denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff is GRANTED an extension of time of thirty (30) days to pay the required filing fee or resubmit his application to proceed IFP clarifying his true financial status. If plaintiff fails to pay or resubmit his IFP application within this time limit this matter will be closed. Signed by Judge Michael R. Barrett on 9/9/09. (mr1, ) (Additional attachment(s) added on 9/10/2009: # 1 Certified Mail Receipt DN 2 sent) (mr1, ). (Entered: 09/10/2009)
2009-09-16 3 0 ACKNOWLEDGMENT OF SERVICE Executed re 2 Order. Certified mail, green card as to Christopher Vernon Downey. (mr1, ) (Entered: 09/16/2009)
2009-09-24 4 0 Response re 2 Order on Motion for Leave to Proceed in forma pauperis by Plaintiff Christopher Vernon Downey. (mr) (Entered: 09/24/2009)
2009-10-21 5 0 ORDER re 4 Response. In light of plaintiff's pro se status and apparent good faith attempt to comply with the Court's September 24, 2009 2 Order, the Court shall grant plaintiff an additional extension of time of thirty (30) days to pay the required filing fee or resubmit his application to proceed in forma pauperis along with an affidavit or unsworn declaration under penalty of perjury clarifying his true financial status. Signed by Judge Michael R. Barrett on 10/20/09. (mr1) (Additional attachment(s) added on 10/21/2009: # 1 Certified Mail Receipt) (mr1). (Entered: 10/21/2009)
2009-10-23 6 0 ACKNOWLEDGMENT OF SERVICE Executed as to 5 Order. Certified mail, green card return as to Christopher Vernon Downey. (mr1) (Entered: 10/23/2009)
2009-11-19 7 0 MOTION for Leave to Proceed in forma pauperis by Plaintiff Christopher Vernon Downey. (Attachments: # 1 Addendum) (mr1) (Entered: 11/19/2009)
2009-11-24 8 0 Submission of Evidence by Plaintiff Christopher Vernon Downey. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (mr1) (Entered: 11/24/2009)
2009-11-24 9 0 ORDER granting 7 Motion for Leave to Proceed in forma pauperis. US Marshal shall serve defendant. Plaintiff is ordered to comply with all other terms of this order. Signed by Magistrate Judge Timothy S. Black on 11/23/09. (mr1) (Entered: 11/24/2009)
2009-11-24 10 0 COMPLAINT with JURY DEMAND against Blaise A. Downey filed by Christopher Vernon Downey. (Attachments: # 1 Civil Cover Sheet) (mr1) (Entered: 11/24/2009) 2016-01-14 22:39:12 7c69bc899641a3ad009f2baf799689cc0a540fed
2009-11-24 11 0 Summons Issued as to Blaise A. Downey. Sent to US Marshals along with USM285, complaint, and order granting ifp for service. (mr1) (Entered: 11/24/2009)
2010-01-11 12 0 MOTION to Dismiss Certain Claims Contained in the Complaint by Defendant Blaise A. Downey. Responses due by 2/4/2010 (Braun, Joseph) (Entered: 01/11/2010)
2010-01-11 13 0 ANSWER to 10 Complaint with Jury Demand by Defendant Blaise A. Downey. (Braun, Joseph) (Entered: 01/11/2010) 2016-01-14 22:46:51 7f944f1ce7f2b45f72b77434213670274f68397f
2010-01-15 14 0 MOTION to Amend/Correct 12 MOTION to Dismiss Certain Claims Contained in the Complaint by Defendant Blaise A. Downey. (Braun, Joseph) (Entered: 01/15/2010)
2010-01-25 15 0 RESPONSE in Opposition re 12 MOTION to Dismiss Certain Claims Contained in the Complaint filed by Plaintiff Christopher Vernon Downey. (mr1) (Entered: 01/25/2010)
2010-03-09 16 0 MOTION to Withdraw as Attorney for Joseph J. Braun and Strauss & Troy by Defendant Blaise A. Downey. (Attachments: # 1 Exhibit Blaise Downey Letter dated March 5, 2010) (Braun, Joseph) Modified to edit text on 3/10/2010 (mr1). (Entered: 03/09/2010)
2010-05-12 17 0 SUMMONS Returned Executed as to Defendant Blaise A. Downey served on 12/21/2009, answer due 1/11/2010. (mr1) (Entered: 05/12/2010)
2010-05-21 18 0 ORDER granting 16 Motion to Withdraw as Attorney. Attorney Joseph J Braun terminated. Signed by Judge Timothy S. Black on 5/21/10. (jl1) Modified on 5/24/2010 (jl1). (Entered: 05/21/2010)
2010-05-24 19 0 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge J. Gregory Wehrman for all further proceedings. Magistrate Judge Timothy S. Black no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 5/24/2010. (ss) (Entered: 05/24/2010)
2010-08-26 20 0 REPORT AND RECOMMENDATIONS re 12 MOTION to Dismiss Certain Claims Contained in the Complaint filed by Blaise A. Downey, 14 MOTION to Amend/Correct 12 MOTION to Dismiss Certain Claims Contained in the Complaint filed by Blaise A. Downey: that defendant's motion to dismiss (Doc. 12) be DENIED AS MOOT; and defendant's amended motion to dismiss (Doc. 14) be GRANTED; and counts 3,6,9,11-16,21-38 be DISMISSED. Objections to R&R due by 9/13/2010. Signed by Magistrate Judge J. Gregory Wehrman on 8/26/10. (Attachments: # 1 Certified Mail Receipt, # 2 Certified Mail Receipt) (jl1) (Entered: 08/26/2010)
2010-08-26 21 0 NOTICE of Deadline: Rule 26 Meeting Report due by 10/20/2010. (jl1) (Entered: 08/26/2010)
2010-09-14 22 0 OBJECTION to 20 Report and Recommendations by Plaintiff Christopher Vernon Downey. (mr1) (Entered: 09/14/2010)
2010-09-23 23 0 ORDER ADOPTING 20 REPORT AND RECOMMENDATION; defendant's 12 Motion to Dismiss is found to be moot; granting 14 Defendant's Amended Motion to Dismiss - dismissing Counts 3, 6, 9, 11-16, 21-38 of the Plaintiff's complaint. Signed by Judge Michael R. Barrett on 9/23/2010. (ba1) (Additional attachment(s) added on 9/23/2010: # 1 Certified Mail Receipt) (ba1). (Entered: 09/23/2010)
2010-09-27 24 0 ACKNOWLEDGMENT OF SERVICE Executed (Certified card green card) as to Christopher Downey and Blaise Downey re: 23 Order Adopting Report and Recommendations. (mr1) (Entered: 09/27/2010)
2010-10-05 25 0 Joint MOTION to Appoint Mediator by Plaintiff Christopher Vernon Downey and Defendant Blaise A. Downey. (mr1) (Entered: 10/05/2010)
2010-10-06 26 0 ORDER granting 25 Motion to send to mediation. Clerk to so advise court mediator. Signed by Magistrate Judge J. Gregory Wehrman on 10/6/10. (jl1) (Entered: 10/06/2010)
2010-10-14 27 0 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Karen L. Litkovitz for all further proceedings. Magistrate Judge J. Gregory Wehrman no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 10/14/2010. (ss) (Entered: 10/14/2010)
2010-10-20 28 0 Notice of Mediation Conference: Conference to be held in Room 331, 100 E. Fifth Street, Cincinnati, Ohio on 1/6/2011 at 10:00 AM. (Attachments: # 1 Conference instructions) (rsk) (Entered: 10/20/2010)
2011-09-12 29 0 NOTICE: Telephone Status/Scheduling Conference set for Wednesday, 10/12/2011 at 03:00 PM before Magistrate Judge Karen L. Litkovitz. (art) (Entered: 09/12/2011)
2011-10-12 30 0 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 10/12/2011. Pro-se plaintiff, and Pro-se defendant present. Court will be attempting to get this matter scheduled for a settlement conference. (Court Reporter none present.) (art) (Entered: 10/13/2011)
2011-10-14 31 0 CALENDAR ORDER: Discovery deadline set for 3/30/2012. Dispositive Motion deadline set for 4/30/2012. Final pretrial conference and trial dates shall be set after all dispositive motions have been ruled on. Signed by Magistrate Judge Karen L. Litkovitz on 10/14/2011. (art) (Entered: 10/14/2011)
2011-10-21 32 0 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Telephone Conference on 10/21/2011 regarding appt. of counsel related to the mediation of this matter. Pro-se plaintiff, and pro-se defendant present. (Court Reporter none present.) (art) (Entered: 10/21/2011)
2011-11-16 33 0 ORDER appointing pro bono counsel (J. Michael Hurst, of Keating Muething & Klekamp PLL) to represent plaintiff Christopher V. Downey in this matter only for purposes of mediation proceeding(s). Signed by Magistrate Judge Karen L. Litkovitz on 11/16/2011. (art) (Entered: 11/16/2011)
2011-11-16 34 0 ORDER appointing pro bono counsel (Adam C. Sherman, of Vorys, Sater, Seymour and Pease LLP) to represent defendant Blaise A. Downey in this matter only for purposes of mediation proceeding(s). Signed by Magistrate Judge Karen L. Litkovitz on 11/16/2011. (art) (Entered: 11/16/2011)
2011-11-21 35 0 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 11/21/2011. Counsel for settlement purposes on behalf of prose plaintiff, and prose defendant present. Case set for a settlement conference before Magistrate Judge Litkovitz on Wednesday, 12/21/11 at 1:00 pm in chambers Room 716. (Court Reporter none present.) (art) (Entered: 11/21/2011)
2011-11-21 36 0 NOTICE of Settlement Conference set for Wednesday, 12/21/2011 at 01:00 PM in Chambers Room 716 before Magistrate Judge Karen L. Litkovitz. (COUNSEL SHOULD SUBMIT EX PARTE SETTLEMENT LETTER TO THE COURT AT LEAST (5) BUSINESS DAYS PRIOR TO THE SETTLEMENT CONFERENCE). (Copy mailed to prose plaintiff, prose defendant, J. Michael Hurst, Esq, and Adam C. Sherman, Esq). (art) (Entered: 11/21/2011)
2011-12-21 37 0 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Settlement Conference held on 12/21/2011. Appointed counsel for plaintiff, and defendant present with their clients. Matter was not settled at this time. (Court Reporter none present.) (art) (Entered: 12/21/2011)
2011-12-22 38 0 ORDER that Attorney J. Michael Hurst be and hereby is released from his pro bono representation of pro se plaintiff Christopher V. Downey in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 12/22/2011. (art) (Entered: 12/22/2011)
2011-12-22 39 0 ORDER that Attorney Adam C. Sherman be and hereby is released from his pro bono representation of pro se defendant Blaise A. Downey in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 12/22/2011. (art) (Entered: 12/22/2011)
2012-03-19 40 0 NOTICE of Appearance by William Douglas Haman for Defendant Blaise A. Downey (Haman, William) (Entered: 03/19/2012)
2012-03-19 41 0 NOTICE to Take Deposition of Christopher Vernon Downey by Defendant Blaise A. Downey. (Haman, William) (Entered: 03/19/2012)
2012-03-19 42 0 Unopposed MOTION to Amend/Correct 31 Scheduling Order, by Defendant Blaise A. Downey. (Haman, William) (Entered: 03/19/2012)
2012-03-21 43 0 ORDER granting defendant's unopposed 42 Motion to Amend the scheduling order in this matter. Discovery deadline extended to 5/20/2012; Dispositive motion deadline extended to 7/2/2012. Final pretrial conference and Trial dates will be set at a later date if necessary. Signed by Magistrate Judge Karen L. Litkovitz on 3/21/2012. (art) (Entered: 03/21/2012)
2012-06-26 44 0 INTELLIGENCE & RACKETEERS by Plaintiff Christopher Vernon Downey (eh) (Entered: 06/26/2012)
2012-06-26 45 0 HISTORY by Plaintiff Christopher Vernon Downey. (eh) (Entered: 06/26/2012)
2012-07-01 46 0 NOTICE OF FILING DEPOSITION of Christopher V. Downey by Defendant Blaise A. Downey. (Haman, William) (Entered: 07/01/2012)
2012-07-01 47 0 DEPOSITION of Christopher V. Downey taken on 03/28/2012 by Defendant Blaise A. Downey. (Attachments: # 1 Exhibit 1 - Registration Certificate, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Haman, William) Modified on 7/2/2012 - To remove duplicate 'exhibit' language (tt). (Entered: 07/01/2012)
2012-07-01 48 0 MOTION for Summary Judgment as a Matter of Law by Defendant Blaise A. Downey. Responses due by 7/26/2012 (Haman, William) Modified on 7/2/2012 - To add additional docket text language (tt). (Entered: 07/01/2012)
2012-07-02 49 0 NOTICE to Pro-se plaintiff regarding filing a response to defendant's 48 MOTION for Summary Judgment. (art) (Entered: 07/02/2012)
2012-07-17 50 0 RESPONSE in Opposition re 48 MOTION for Summary Judgment as a Matter of Law filed by Plaintiff Christopher Vernon Downey. (eh1) (Entered: 07/17/2012)
2012-07-27 51 0 REPLY to Response to Motion re 48 MOTION for Summary Judgment as a Matter of Law filed by Defendant Blaise A. Downey. (Haman, William) (Entered: 07/27/2012)
2012-09-17 52 0 NOTICE of Change of Address by Plaintiff Christopher Vernon Downey. (eh1) (Entered: 09/17/2012)
2012-12-11 53 0 REPORT AND RECOMMENDATION that defendant's 48 MOTION for Summary Judgment be Granted and that this matter be Dismissed on the docket of the Court. Objections to R&R due by 12/31/2012. Signed by Magistrate Judge Karen L. Litkovitz on 12/11/2012. (art) (Entered: 12/11/2012) 2012-12-12 08:43:35 7bcd429ceb6e47c7f9baac68fc05f7d7a56233f2
2012-12-19 54 0 ACKNOWLEDGMENT OF SERVICE (Certified Mail Return Receipt) Executed on Christopher Vernon Downey as to 53 REPORT AND RECOMMENDATIONS. (mee) (Entered: 12/19/2012)
2013-01-07 55 0 ORDER signed by Judge Michael R. Barrett ADOPTING 53 REPORT AND RECOMMENDATIONS. Defendants 48 Motion for Summary Judgment is GRANTED. This matter is DISMISSED from the docket of this Court. (eh1) (Entered: 01/07/2013) 2013-01-08 09:01:42 6f6b0c11a82894988ca00a2a97521d9f13aa28b1
2013-01-07 56 0 CLERK'S JUDGMENT affirming 55 ORDER ADOPTING 53 REPORT AND RECOMMENDATIONS. (eh1) (Entered: 01/07/2013)
2013-02-08 57 0 BILL OF COSTS by Defendant Blaise A. Downey. (Haman, William) (Entered: 02/08/2013)
2013-02-11 58 0 NOTICE by Clerk of Briefing Schedule re 57 Bill of Costs. Memoranda Contra by Plaintiff due by March 1, 2013; Reply in Support by Defendant due by March 15, 2013. (sct1) (Entered: 02/11/2013)
2013-10-24 59 0 CLERK'S MEMORANDUM as to 57 Bill of Costs. (sct1) (Entered: 10/24/2013)
2013-10-24 60 0 Costs Taxed in amount of $ 150.00 against Christopher Vernon Downey. (sct1) (Entered: 10/24/2013)