1
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COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6070486), filed by Karen Meyers, Benyam Taye, Cornelia Reynolds. (Attachments: # 1 Civil Cover Sheet) (Branch, Jennifer) (Entered: 08/07/2017)
1 Civil Cover Sheet
View on PACER
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Aug. 7, 2017
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Aug. 7, 2017
RECAP
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Docket Annotation
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Aug. 7, 2017
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Aug. 7, 2017
PACER
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2
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NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Karen Meyers, Cornelia Reynolds (Gerhardstein, Alphonse) (Entered: 08/07/2017)
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Aug. 7, 2017
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Aug. 7, 2017
PACER
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3
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NOTICE of Appearance by Janaya Trotter Bratton for Plaintiffs Karen Meyers, Cornelia Reynolds (Bratton, Janaya) (Entered: 08/07/2017)
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Aug. 7, 2017
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Aug. 7, 2017
PACER
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4
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NOTICE by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye re 1 Complaint of manual filing of Ex. A "Video of Carson Elementary School boy's bathroom January 24, 2017" and Ex. B "911 Call Made by Ms. Reynolds on January 26, 2017" (Branch, Jennifer) (Entered: 08/07/2017)
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Aug. 7, 2017
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Aug. 7, 2017
PACER
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5
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NOTICE of Appearance by Carla Leader for Plaintiffs Karen Meyers, Cornelia Reynolds (Leader, Carla) (Entered: 08/07/2017)
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Aug. 7, 2017
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Aug. 7, 2017
PACER
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DVD (Ex. A) & CD (Ex. B) re 1 Complaint received this date from Plaintiff and forwarded to the chambers of Judge Timothy S. Black. (eh)
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Aug. 7, 2017
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Aug. 7, 2017
PACER
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If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (jlw)
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Aug. 8, 2017
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Aug. 8, 2017
PACER
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Docket Annotation
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Aug. 8, 2017
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Aug. 8, 2017
PACER
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6
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NOTICE of Appearance by Christine Marie Hammond for Plaintiffs Karen Meyers, Benyam Taye (Hammond, Christine) (Entered: 08/14/2017)
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Aug. 14, 2017
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Aug. 14, 2017
PACER
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7
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WAIVER OF SERVICE Returned Executed. Waiver sent to Cincinnati Board Of Education on 8/7/2016, answer due 10/6/2016; Ruthenia Jackson on 8/7/2016, answer due 10/6/2016; Jeffrey McKenzie on 8/7/2016, answer due 10/6/2016. (Branch, Jennifer) (Entered: 09/07/2017)
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Sept. 7, 2017
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Sept. 7, 2017
PACER
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8
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NOTICE of Appearance by Ian R. Smith for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Smith, Ian) (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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Notice of Corrective Docket Entry
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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9
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*DISREGARD THIS ENTRY IT WAS FILED IN ERROR* NOTICE of Appearance by Ian R. Smith for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Smith, Ian) Modified to restrict entry to court users only on 10/6/2017 (jlw). (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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Notice of Correction re: 9 Notice of Appearance, This document was filed in error and restricted at request of counsel. Counsel will refile the correct document and Clerk restricted 9 to court users only. (jlw)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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10
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NOTICE of Appearance by Ralph Gary Winters for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Winters, Ralph) (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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11
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NOTICE of Appearance by Daniel Joseph Hoying for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Hoying, Daniel) (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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12
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NOTICE of Appearance by Aaron Mark Herzig for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Herzig, Aaron) (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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13
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MOTION to Dismiss by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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14
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Corporate Disclosure Statement by Defendant Cincinnati Board Of Education. (Herzig, Aaron) (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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15
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Corporate Disclosure Statement by Defendant Mary Ronan. (Herzig, Aaron) (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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16
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Corporate Disclosure Statement by Defendant Ruthenia Jackson. (Herzig, Aaron) (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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17
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Corporate Disclosure Statement by Defendant Jeffrey McKenzie. (Herzig, Aaron) (Entered: 10/06/2017)
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Oct. 6, 2017
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Oct. 6, 2017
PACER
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18
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Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss New date requested 11/13/2017. by Plaintiff Karen Meyers. (Branch, Jennifer) (Entered: 10/25/2017)
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Oct. 25, 2017
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Oct. 25, 2017
PACER
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19
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RESPONSE in Opposition re 13 MOTION to Dismiss filed by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 11/13/2017)
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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20
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REPLY to Response to Motion re 13 MOTION to Dismiss filed by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 12/04/2017)
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Dec. 4, 2017
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Dec. 4, 2017
PACER
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21
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MOTION to Amend/Correct Amend Complaint by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Attachments: # 1 Exhibit Amended Complaint) (Branch, Jennifer) (Entered: 07/06/2018)
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July 6, 2018
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July 6, 2018
PACER
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22
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NOTICE by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye re 21 MOTION to Amend/Correct Amend Complaint of Filing Affidavit of Merit (Attachments: # 1 Affidavit of Merit) (Branch, Jennifer) (Entered: 07/10/2018)
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July 10, 2018
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July 10, 2018
PACER
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23
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NOTICE of Appearance by Philip D. Williamson for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Williamson, Philip) (Entered: 07/27/2018)
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July 27, 2018
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July 27, 2018
PACER
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24
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RESPONSE in Opposition re 21 MOTION to Amend/Correct Amend Complaint CPS Defendants' Response in Opposition to Plaintiffs' Motion to Amend the Complaint filed by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Attachments: # 1 Exhibit A - Comparison) (Herzig, Aaron) (Entered: 07/27/2018)
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July 27, 2018
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July 27, 2018
PACER
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25
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REPLY to Response to Motion re 21 MOTION to Amend/Correct Amend Complaint filed by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 08/10/2018)
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Aug. 10, 2018
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Aug. 10, 2018
PACER
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26
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ORDER granting 21 Motion to Amend the complaint. Plaintiffs shall file the amended complaint forthwith. Granting in part and denying in part 13 Defendants' Motion to Dismiss as follows: Defendants motion to dismiss Counts II and XI is GRANTED, and those claims are DISMISSED. Defendants motion to dismiss Counts I, III, IV, VI, VIII, X, and XII are DENIED, and those claims shall proceed. Defendants motion to dismiss Plaintiffs claim for municipal liability (Count V) is GRANTED as to ground one (unconstitutional policy) and DENIED as to grounds two, three, and four (custom, inadequate training/supervision, ratification). Count V shall so proceed. Defendants motion to dismiss Plaintiffs claim for negligent infliction of emotional distress (Count IX) is DENIED as to ground one (Doc. 21-1 at 202) and GRANTED as to ground two (Id. at 203). Count IX shall so proceed. Signed by Judge Timothy S. Black on 9/24/2018. (ss) (Entered: 09/24/2018)
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Sept. 24, 2018
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Sept. 24, 2018
RECAP
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27
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AMENDED COMPLAINT against All Defendants, filed by Karen Meyers, Benyam Taye, Cornelia Reynolds. (Branch, Jennifer) (Entered: 09/25/2018)
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Sept. 25, 2018
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Sept. 25, 2018
PACER
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28
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NOTICE OF APPEAL re 26 Order on Motion to Amend/Correct,,,, Order on Motion to Dismiss,,, (Filing fee has been paid, receipt number 0648-6631218) by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 10/09/2018)
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Oct. 9, 2018
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Oct. 9, 2018
PACER
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29
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MOTION for Leave to Appeal ( Responses due by 10/30/2018), MOTION to Stay Defendants' Motion for Leave to Appeal and Motion for Stay Pending Appeal by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 10/09/2018)
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Oct. 9, 2018
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Oct. 9, 2018
PACER
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30
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NOTICE of Appearance by Peter J Stackpole for Defendant Margaret McLaughlin (Stackpole, Peter) (Entered: 10/11/2018)
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Oct. 11, 2018
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Oct. 11, 2018
PACER
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31
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NOTICE of Appearance by Emily E Woerner for Defendant Margaret McLaughlin (Woerner, Emily) (Entered: 10/11/2018)
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Oct. 11, 2018
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Oct. 11, 2018
PACER
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32
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USCA Case Number 18-3974 for 28 Notice of Appeal, filed by Ruthenia Jackson, Cincinnati Board Of Education, Jeffrey McKenzie and Mary Ronan; case manager Amy E. Gigliotti, 513-564-7012. (er) (Entered: 10/15/2018)
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Oct. 11, 2018
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Oct. 11, 2018
PACER
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33
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WAIVER OF SERVICE Returned Executed. Waiver sent to Margaret McLaughlin on 9/25/2018, answer due 11/26/2018. (Branch, Jennifer) (Entered: 10/17/2018)
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Oct. 17, 2018
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Oct. 17, 2018
PACER
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34
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MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Leave to Appeal MOTION to Stay Defendants' Motion for Leave to Appeal and Motion for Stay Pending Appeal New date requested 11/13/2018. by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 10/29/2018)
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Oct. 29, 2018
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Oct. 29, 2018
PACER
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Notation Order: This civil action is before the Court on Plaintiffs' unopposed motion for an extension of time to respond to CPS Defendants' motion to certify appeal and motion to stay proceedings. For good cause shown, that motion (Doc. 34 ) is GRANTED. Plaintiffs shall file their response to CPS Defendants' motions (Doc. 29 ) on or before 11/13/18. IT IS SO ORDERED. (bjc)
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Oct. 30, 2018
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Oct. 30, 2018
PACER
|
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Order on Motion for Extension of Time to File Response/Reply
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Oct. 30, 2018
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Oct. 30, 2018
PACER
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35
|
RESPONSE in Opposition re 29 MOTION for Leave to Appeal MOTION to Stay Defendants' Motion for Leave to Appeal and Motion for Stay Pending Appeal filed by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 11/13/2018)
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Nov. 13, 2018
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Nov. 13, 2018
PACER
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36
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ANSWER with Jury Demand to 27 Amended Complaint filed by Margaret McLaughlin. (Welch, John) Modified docket txt on 11/21/2018 (eh). (Entered: 11/20/2018)
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Nov. 20, 2018
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Nov. 20, 2018
PACER
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37
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REPLY to Response to Motion re 29 MOTION for Leave to Appeal MOTION to Stay Defendants' Motion for Leave to Appeal and Motion for Stay Pending Appeal Defendants' Reply in Support of Their Motion for Leave to Appeal and Motion for Stay Pending Appeal filed by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 11/27/2018)
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Nov. 27, 2018
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Nov. 27, 2018
PACER
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38
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ORDER granting 29 Motion for Leave to Appeal and for Stay pending appeal. The Court hereby STAYS the current action until the Sixth Circuit has ruled on Defendants' appeal. Signed by Judge Timothy S. Black on 2/5/2019. (ss) (Entered: 02/05/2019)
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Feb. 5, 2019
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Feb. 5, 2019
RECAP
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39
|
NOTICE of Appearance by Mary Caroline Hyatt for Plaintiffs Karen Meyers, Cornelia Reynolds (Hyatt, Mary) (Entered: 04/03/2019)
|
April 3, 2019
|
April 3, 2019
PACER
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40
|
MOTION to Lift Stay by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 04/19/2019)
|
April 19, 2019
|
April 19, 2019
PACER
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41
|
RESPONSE in Opposition re 40 MOTION to Lift Stay Defendants' Response in Opposition to Plaintiffs' Motion to Lift Stay filed by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 05/10/2019)
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May 10, 2019
|
May 10, 2019
PACER
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42
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REPLY to Response to Motion re 40 MOTION to Lift Stay filed by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 05/24/2019)
|
May 24, 2019
|
May 24, 2019
PACER
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43
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ORDER granting 40 Plaintiffs' Motion to Lift Stay. Signed by Judge Timothy S. Black on 5/29/19. (rrs) (Entered: 05/29/2019)
|
May 29, 2019
|
May 29, 2019
RECAP
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44
|
ANSWER to 27 Amended Complaint Defendants Cincinnati Board of Education, Mary Ronan, Ruthenia Jackson, and Jeffrey McKenzie's Answer to First Amended Complaint filed by Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 06/12/2019)
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June 12, 2019
|
June 12, 2019
PACER
|
|
Order
|
June 18, 2019
|
June 18, 2019
PACER
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Notation Order and Notice of Hearing: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 7/17/2019 at 10:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. Before the pretrial conference, counsel shall comply with the MANDATORY pre-preliminary pretrial conference between counsel, as required by Fed. R. Civ. P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found on our website at: https://www.ohsd.uscourts.gov/FPBlack. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/18/19. (rrs)
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June 18, 2019
|
June 18, 2019
PACER
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45
|
RULE 26(f) REPORT by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 07/10/2019)
|
July 10, 2019
|
July 10, 2019
PACER
|
|
Pretrial Conference - Initial
|
July 17, 2019
|
July 17, 2019
PACER
|
|
Minute Entry: This civil action came before the Court for a Preliminary Pretrial Conference by telephone on 7/17/2019 at 10:30 a.m. Christine Hammond, Michele Young, and Jennifer Branch appeared on behalf of Plaintiffs; Aaron Herzig, Philip Williamson, Ian Smith, and Ralph Winters appeared on behalf of Defendants Cincinnati Board of Education, Superintendent Mary Ronan, Ruthenia Jackson, and Jeffrey McKenzie; Emily Woerner and John Welch appeared on behalf of Defendant Margaret McLaughlin. A Calendar Order will issue by separate entry. (rrs)
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July 17, 2019
|
July 17, 2019
PACER
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46
|
**VACATED** CALENDAR ORDER: Initial Disclosures due by 8/9/2019. Motions directed to the pleadings due by 30 days following Sixth Circuit ruling on appeal. Motions to amend due by 30 days following Sixth Circuit ruling on appeal. Lay Witness due by 11/1/2019. Status Conference set for 12/31/2019 02:00 PM in Teleconference before Judge Timothy S. Black. Discovery (Fact) due by 1/30/2020. Plaintiff Primary Expert due by 2/28/2020. Defendant Primary Expert due by 4/30/2020. Plaintiff Rebuttal Expert due by 6/15/2020. Discovery (Expert) due by 7/15/2020. Dispositive motions due by 8/14/2020. Final Pretrial Conference set for 1/4/2021 01:00 PM in Chambers before Judge Timothy S. Black. Jury Trial set for 1/11/2021 09:30 AM in Courtroom 1 - Cincinnati before Judge Timothy S. Black. Signed by Judge Timothy S. Black on 7/17/19. (rrs) (Entered: 07/17/2019)
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July 17, 2019
|
July 17, 2019
PACER
|
47
|
NOTICE by Plaintiffs Karen Meyers, Cornelia Reynolds of Withdrawal Of Attorney Janaya Trotter Bratton (Branch, Jennifer) (Entered: 11/26/2019)
|
Nov. 26, 2019
|
Nov. 26, 2019
PACER
|
|
Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 12/31/2019 at 2:00 p.m. Christine Hammond, Michele Young, and Jennifer Branch appeared on behalf of Plaintiffs; Aaron Herzig, Philip Williamson, and Ralph Winters appeared on behalf of Defendants Cincinnati Board of Education, Superintendent Mary Ronan, Ruthenia Jackson, and Jeffrey McKenzie; John Welch appeared on behalf of Defendant Margaret McLaughlin. The parties agreed on the need to adjust the case calendar. Accordingly, the Calendar Order (Doc. 46 ) is VACATED. An Amended Calendar Order shall issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 1/2/2020. (rrs)
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Dec. 31, 2019
|
Dec. 31, 2019
PACER
|
|
Status Conference
|
Dec. 31, 2019
|
Dec. 31, 2019
PACER
|
48
|
**VACATED**AMENDED CALENDAR ORDER: Discovery (Fact) due by 3/30/2020. Plaintiff Primary Expert due by 4/30/2020. Defendant Primary Expert due by 6/30/2020. Rebuttal Expert due by 7/30/2020. Discovery (Expert) due by 8/31/2020. Dispositive motions due by 8/31/2020. Final Pretrial Conference set for 1/4/2021 01:00 PM in Chambers before Judge Timothy S. Black. Jury Trial set for 1/11/2021 09:30 AM in Courtroom 1 - Cincinnati before Judge Timothy S. Black. Signed by Judge Timothy S. Black on 1/2/2020. (rrs) (Entered: 01/02/2020)
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Jan. 2, 2020
|
Jan. 2, 2020
PACER
|
|
1 - Terminate Deadlines and Hearings
|
Jan. 2, 2020
|
Jan. 2, 2020
PACER
|
|
Status Conference
|
Jan. 2, 2020
|
Jan. 2, 2020
PACER
|
49
|
STIPULATED PROTECTIVE ORDER for the protection of confidential information. Signed by Judge Timothy S. Black on 1/31/2020. (rrs) (Entered: 01/31/2020)
|
Jan. 31, 2020
|
Jan. 31, 2020
RECAP
|
50
|
NOTICE of Appearance by Christopher Dale Byers for Plaintiffs Karen Meyers, Benyam Taye (Byers, Christopher) (Entered: 05/26/2020)
|
May 26, 2020
|
May 26, 2020
PACER
|
51
|
NOTICE to Take Deposition of Josh Havens, Nili Gubin, Lainey Bush, Linda Hissett, Gabrielle Yancy, and Bradley Tamplin by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 05/27/2020)
|
May 27, 2020
|
May 27, 2020
PACER
|
52
|
NOTICE to Take Deposition of Janice Pitts, Shannon Keach, and Claire Frank by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 06/02/2020)
|
June 2, 2020
|
June 2, 2020
PACER
|
53
|
NOTICE to Take Deposition of Sheila Jenkins by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 06/09/2020)
|
June 9, 2020
|
June 9, 2020
PACER
|
54
|
NOTICE to Take Deposition of Antonio Smith by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 06/11/2020)
|
June 11, 2020
|
June 11, 2020
PACER
|
|
Order
|
June 19, 2020
|
June 19, 2020
PACER
|
|
Notation Order: At the parties' request and pursuant to S.D. Ohio Civ. R. 37.1, this civil action is set for an informal discovery conference by telephone on 6/24/2020 at 1:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Counsel for both parties shall each submit a 1-3 page explanation of the issues presented via email to chambers (black_chambers@ohsd.uscourts.gov) and opposing counsel by 6/22/2020. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/19/2020. (rrs)
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June 19, 2020
|
June 19, 2020
PACER
|
|
Notation Order: The informal discovery conference by telephone set for 6/24/2020 in this civil action is hereby VACATED and RESCHEDULED for 6/25/2020 at 1:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/23/2020. (rrs)
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June 24, 2020
|
June 24, 2020
PACER
|
|
Terminate Hearings
|
June 24, 2020
|
June 24, 2020
PACER
|
|
Order AND 1 - Terminate Hearings
|
June 24, 2020
|
June 24, 2020
PACER
|
|
Minute Entry and Notation Order: Pursuant to S.D. Ohio Civ. R. 37.1, this civil action came before the Court for an informal discovery conference by telephone on 6/25/2020 at 1:00 p.m. Jennifer Branch, Al Gerhardstein, Christine Hammond, Christopher Byers, Mary Hyatt, and Michele Young appeared for Plaintiffs; Aaron Herzig, Gary Winters, Philip Williamson, Spencer Cowan, Stephanie Scott, and John Welch appeared for Defendants. The Court provided its recommendations regarding the discovery issues, to wit: (i) On Plaintiffs' deposition limit, the Court instructed Plaintiffs to prioritize key witnesses first and if Plaintiffs need to depose more than fifteen (15) witnesses, Plaintiffs should file a motion for leave to conduct additional depositions. (ii) On Plaintiffs' request for student discipline and behavior logs, the Court found requiring the production of 125 students behavior logs for three school years to be burdensome, however the Court found additional production of student discipline and behavior logs to be appropriate. The parties confirmed that they are open to finding a compromise on the production of additional student discipline and behavior logs. (iii) On Plaintiffs' request for access to the underlying facts gathered from an internal investigation conducted by Defendants, the Court stated that it is open to ordering the Defendants to produce the report for in camera review. The Defendants agreed to affirm by 6/30/2020 whether they will produce the internal investigation report with necessary redactions of privileged information. If the Defendants agree to produce the internal investigation with redactions, they will produce it by 6/30/2020. If the Defendants do not provide the Plaintiffs with the redacted internal investigation report, the Court may order it to be submitted to the Court for in camera review. Defendants stated that if they produce the redacted internal investigation report, they would need to enter a stipulation or agreed order confirming that production of the redacted internal investigation does not waive privilege over other materials or work product. Moreover, the Court directed the Defendants to produce forthwith a privilege log that, at a minimum, reflects when the internal investigation was conducted. (iv) On Plaintiffs' contention that Defendants are in possession of responsive, relevant documents that have not been produced, the Court directed the Defendants to affirm that they are not in possession of any responsive, relevant documents that have not been produced. Separately, the Court CONTINUED the fact discovery deadline to 8/31/2020, and directed the parties to confer and submit a proposed amended calendar order to the Court. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/25/2020. (rrs)
|
June 25, 2020
|
June 25, 2020
PACER
|
|
Discovery Conference
|
June 25, 2020
|
June 25, 2020
PACER
|
|
~Util - Set Scheduling Order Deadlines AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Set Trial Management Order Deadlines AND Discovery Conference
|
June 26, 2020
|
June 26, 2020
PACER
|
|
~Util - Set Scheduling Order Deadlines AND ~Util - Set Trial Management Order Deadlines AND ~Util - Set Motion and R&R Deadlines/Hearings AND Discovery Conference
|
June 26, 2020
|
June 26, 2020
PACER
|
|
~Util - Set Trial Management Order Deadlines AND ~Util - Set Scheduling Order Deadlines AND Discovery Conference AND ~Util - Set Motion and R&R Deadlines/Hearings
|
June 26, 2020
|
June 26, 2020
PACER
|
|
~Util - Set Trial Management Order Deadlines AND Discovery Conference AND ~Util - Set Scheduling Order Deadlines AND ~Util - Set Motion and R&R Deadlines/Hearings
|
June 26, 2020
|
June 26, 2020
PACER
|
55
|
NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Linda Hunter, # 2 Exhibit B - Delivery notice) (Herzig, Aaron) (Entered: 07/10/2020)
|
July 10, 2020
|
July 10, 2020
PACER
|
56
|
NOTICE by Defendant Margaret McLaughlin of Withdrawal of Counsel (Woerner, Emily) (Entered: 07/20/2020)
|
July 20, 2020
|
July 20, 2020
PACER
|
57
|
NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Antonio Smith, # 2 Exhibit B - Return receipt) (Herzig, Aaron) (Entered: 08/04/2020)
|
Aug. 4, 2020
|
Aug. 4, 2020
PACER
|
58
|
NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Hamilton County Coroner, # 2 Exhibit B - Service confirmation) (Herzig, Aaron) (Entered: 08/13/2020)
|
Aug. 13, 2020
|
Aug. 13, 2020
PACER
|
59
|
NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to CPD Det. Eric Karaguleff, # 2 Exhibit B - Service confirmation) (Herzig, Aaron) (Entered: 08/13/2020)
|
Aug. 13, 2020
|
Aug. 13, 2020
PACER
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60
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NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Irene Hunter, # 2 Exhibit B - Return receipt) (Herzig, Aaron) (Entered: 08/26/2020)
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Aug. 26, 2020
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Aug. 26, 2020
PACER
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61
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NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Julie Rachford-Sullivan, # 2 Exhibit B - Return receipt) (Herzig, Aaron) (Entered: 08/26/2020)
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Aug. 26, 2020
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Aug. 26, 2020
PACER
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62
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NOTICE of Appearance by Spencer S Cowan for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Cowan, Spencer) (Entered: 10/06/2020)
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Oct. 6, 2020
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Oct. 6, 2020
PACER
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Order
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Oct. 16, 2020
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Oct. 16, 2020
PACER
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Notation Order: This civil action is set for status conference by telephone on 10/20/2020 at 12:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. The parties also informed the Court that they have reached an impasse regarding a discovery issue. Counsel shall each submit a 1-2 page explanation of the issues presented via email to chambers (black_chambers@ohsd.uscourts.gov) and opposing counsel by 10/19/2020. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/16/2020. (rrs)
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Oct. 16, 2020
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Oct. 16, 2020
PACER
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63
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MOTION to Compel Student Records by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Attachments: # 1 Exhibit 1 Pltfs First RFPD, # 2 Exhibit 2 Branch ltr Herzig 7.1.20, # 3 Exhibit 3 Branch ltr Herzig 9.25.20, # 4 Exhibit 4 Branch ltr Court 10.19.20) (Branch, Jennifer) (Entered: 10/26/2020)
1 Exhibit 1 Pltfs First RFPD
View on RECAP
2 Exhibit 2 Branch ltr Herzig 7.1.20
View on PACER
3 Exhibit 3 Branch ltr Herzig 9.25.20
View on PACER
4 Exhibit 4 Branch ltr Court 10.19.20
View on PACER
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Oct. 26, 2020
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Oct. 26, 2020
PACER
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64
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MOTION to File Document Under Seal Exhibits A through F in support of Motion to Compel by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 10/26/2020)
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Oct. 26, 2020
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Oct. 26, 2020
PACER
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Order
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Oct. 27, 2020
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Oct. 27, 2020
PACER
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Notation Order: This civil action is before the Court on the Plaintiffs' motion for leave to file documents under seal (Doc. 64 ). In order to seal court records, a district court must set forth specific findings and conclusions which justify filing documents under seal. See Shane Grp. Inc. v. Blue Cross Blue Shield, 825 F.3d 299, 306 (6th Cir. 2016). The Court cannot make such a finding at this time, thus the Court TEMPORARILY GRANTS Plaintiffs leave to file the documents at issue under seal. The Court will review the sealed documents once they are filed and will rule on Plaintiffs' motion at that time. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/27/2020. (rrs)
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Oct. 27, 2020
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Oct. 27, 2020
PACER
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66
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NOTICE to Take Deposition of Dr. Ruthenia Jackson, Jeffrey McKenzie, Margaret McLaughlin, Laura Mitchell, and Carolyn Jones by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 10/28/2020)
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Oct. 28, 2020
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Oct. 28, 2020
PACER
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67
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Joint MOTION for Extension of Time to Extend Deadlines by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) Modified Docket Text to remove requested date, multiple dates requested to be extended on 10/29/2020 (bjc). (Entered: 10/29/2020)
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Oct. 29, 2020
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Oct. 29, 2020
PACER
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Order on Motion for Extension of Time
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Nov. 2, 2020
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Nov. 2, 2020
PACER
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Notation Order: This civil action is before the Court on the parties' joint motion for extension of time. (Doc. 67 ). For good cause shown, that motion (Doc. 67 ) is GRANTED. The Amended Calendar Order (Doc. 48 ) is hereby VACATED. The Second Amended Calendar Order will issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/2/2020. (rrs)
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Nov. 2, 2020
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Nov. 2, 2020
PACER
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68
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**VACATED**CALENDAR ORDER: Discovery (Fact) due by 12/11/2020. Plaintiff Primary Expert due by 1/11/2021. Defendant Primary Expert due by 3/12/2021. Rebuttal Expert due by 4/12/2021. Discovery (Expert) due by 5/12/2021. Dispositive motions due by 5/12/2021. Signed by Judge Timothy S. Black on 11/2/2020. (rrs) (Entered: 11/02/2020)
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Nov. 2, 2020
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Nov. 2, 2020
PACER
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