Case: Access Center for Independent Living v. WP Glimcher, Inc.

Access Center for Independent Living v. WP Glimcher Inc.

Access Center for Independent Living v. WP Glimcher Inc.

Access Center for Independent Living v. WP Glimcher Inc.

COMPLAINT against Bon-Ton Department Stores, Inc., Dayton Mall II, LLC, Dayton Mall Venture, LLC, Elder Ohio I Delaware Business Trust, Macy's Retail Holdings, Inc., Sears Roebuck and Co, WP Glimcher Inc. ( Filing fee $ 400 paid - receipt number: 0648-5310949), filed by National Federation of the Blind of Ohio, Sylvia Jane Cook, Mark Theobald, Access Center for Independent Living, John Kenneth Dixon, Melody Ann Burba. (Attachments: # 1 Civil Cover Sheet) (Boylan, Jason) (Entered: 12/15/2015)

1 Civil Cover Sheet

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Docket Annotation

...If case is referred it will be assigned to Chief Magistrate Judge Sharon L. Ovington. (srb)

NOTICE of Appearance by Stanley Allison Hirtle for Plaintiffs Access Center for Independent Living, Melody Ann Burba, Sylvia Jane Cook, John Kenneth Dixon, National Federation of the Blind of Ohio, Mark Theobald (Hirtle, Stanley) (Entered: 12/15/2015)

NOTICE of Appearance by Ellis Jacobs for Plaintiffs Access Center for Independent Living, Melody Ann Burba, Sylvia Jane Cook, John Kenneth Dixon, National Federation of the Blind of Ohio, Mark Theobald (Jacobs, Ellis) (Entered: 12/15/2015)

Corporate Disclosure Statement by Plaintiff Access Center for Independent Living. (Boylan, Jason) (Entered: 12/21/2015)

Corporate Disclosure Statement by Plaintiff National Federation of the Blind of Ohio. (Boylan, Jason) (Entered: 12/21/2015)

WAIVER OF SERVICE Returned Executed. Waiver sent to Dayton Mall II, LLC on 12/28/2015, answer due 2/26/2016. (Boylan, Jason) (Entered: 01/06/2016)

WAIVER OF SERVICE Returned Executed. Waiver sent to Dayton Mall Venture, LLC on 12/28/2015, answer due 2/26/2016. (Boylan, Jason) (Entered: 01/06/2016)

WAIVER OF SERVICE Returned Executed. Waiver sent to WP Glimcher Inc. on 12/28/2015, answer due 2/26/2016. (Boylan, Jason) (Entered: 01/06/2016)

WAIVER OF SERVICE Returned Executed. Waiver sent to Bon-Ton Department Stores, Inc. on 12/28/2015, answer due 2/26/2016. (Boylan, Jason) (Entered: 01/12/2016)

WAIVER OF SERVICE Returned Executed. Waiver sent to Macy's Retail Holdings, Inc. on 12/28/2015, answer due 2/26/2016. (Boylan, Jason) (Entered: 01/22/2016)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Bon-Ton Department Stores, Inc., Dayton Mall II, LLC, Dayton Mall Venture, LLC, Elder Ohio I Delaware Business Trust, Macy's Retail Holdings, Inc., Sears Roebuck and Co, WP Glimcher Inc.. Responses due by 3/21/2016 (Woods, C. Craig) (Entered: 02/26/2016)

Set/Reset Hearings

NOTICE OF TELEPHONE CONFERENCE : Preliminary Pretrial Telephone Conference set for 4/4/2016 at 4:30 PM before Judge Walter H. Rice. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed. R. Civ. P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed. R. Civ. P. 26(f). NOTE...the format for the Rule 26(f) conference between counsel and the Report to the court has been altered. This new form is available on line and MUST be utilized in this case. The Report must be filed 7 DAYS PRIOR TO THE CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court's docket, please notify the Courtroom Deputy, Cindy Fugate, at 937-512-1501, immediately, to include the additional attorneys in the Preliminary Pretrial Telephone Conference. If you wish a number other than your office number called, please advise 24 hours preceding the conference. (jdf)

RESPONSE in Opposition re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Access Center for Independent Living, Melody Ann Burba, Sylvia Jane Cook, John Kenneth Dixon, National Federation of the Blind of Ohio, Mark Theobald. (Boylan, Jason) (Entered: 03/21/2016)

RULE 26(f) REPORT by Plaintiffs Access Center for Independent Living, Melody Ann Burba, Sylvia Jane Cook, John Kenneth Dixon, National Federation of the Blind of Ohio, Mark Theobald. (Boylan, Jason) (Entered: 03/28/2016)

Pretrial Conference - Initial

Minute Entry for proceedings held before Judge Walter H. Rice: Preliminary Pretrial Telephone Conference held on 4/4/2016.(Scheduling Entry to be filed shortly.) (jdf)

MOTION for Leave to Appear Pro Hac Vice of Laura Lawless Robertson (Filing fee $ 200, receipt number 0648-5449697) by Defendant WP Glimcher Inc.. Responses due by 5/2/2016 (Attachments: # 1 Exhibit Certificate of Good Standing) (Woods, C. Craig) (Entered: 04/06/2016)

Order on Motion for Leave to Appear Pro Hac Vice

NOTATION ORDER sustaining 14 Motion for Leave to Appear Pro Hac Vice of Laura Lawless Robertson. Signed by Judge Walter H. Rice on 4/7/2016. (jdf)

REPLY to Response to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant WP Glimcher Inc.. (Woods, C. Craig) (Entered: 04/07/2016)

PRELIMINARY PRETRIAL CONFERENCE ORDER: CASE IS REFERRED TO CHIEF MAGISTRATE JUDGE SHARON L. OVINGTON - (Required disclosures under Fed. R. Civ. P. 26(a)(l ): 4/18/2016., Settlement demand by Plaintiff upon Defendant to be made by: done., Written notification to Court re: contingent consent or refusal to Magistrate Judge for trial purposes only:* close of buisness 5/5/2016., Cut -off date for filing of motions directed to pleadings (including motions to dismiss filed: 6/16/2016., Cut -off date for filing of motion to amend and to add parties: 10/14/2016., Identification of Jay witnesses with synopsis of their testimony to be filed by: 8/12/2016., The dates to reveal the identity of expert witnesses and to provide a copy of the expert's report (Rule 26(a)(2)(B)) or the subject matter and summary of facts and opinions for experts not required to prepare reports(Rule 26(1)(2)(C)) are: Plaintiff(s) to Defendant(s): 10/6/2016, Defendant(s) to Plaintiff(s): 10/6/2016, Rebuttal Expert(s): 11/12/2016., Requests for admissions: 1/13/2017., Cut-off DEADLINE for discovery: 2/15/2017., Status conference following discovery deadline to explore ADR options: (By Telephone with Judge Rice who will manage case from this point forward to resolution or trial unless otherwise ordered.) set for Wednesday, 2/22/2017 05:00 PM by Teleconference before Judge Walter H. Rice., Cut-off date for filing of motions for summary judgment: 3/17/2017., Cut-off date for all other pretrial motions, ie., motions in limine, motions for a view, etc. Tuesday, 6/20/2017., Joint Final Pretrial Order by parties to be filed no later than: Tuesday, 6/27/2017., Trial exhibits to be exchanged by: Friday, 6/30/2017., Final Pretrial Conference set for Wednesday, 7/5/2017 05:00 PM by Teleconference before Judge Walter H. Rice., Deadline for submitting proposed jury instructions (To include verdict forms and interrogatories) to the Court in both hard copy and diskette form and original copies of depositions, with designations, that counsel intend to use at trial: At least 10 days prior to trial., Deadline for submitting counter-designations: At lest 5 days prior to trial., Trial on the merits, to a Jury, beginning: 7/17/2017 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice., Law Clerk assigned to case: James Smerbeck). Signed by Judge Walter H. Rice on 4/14/2016. (srb) (Entered: 04/14/2016)

STIPULATION to Amend Scheduling Order by Defendants Bon-Ton Department Stores, Inc., Dayton Mall II, LLC, Dayton Mall Venture, LLC, Elder Ohio I Delaware Business Trust, Macy's Retail Holdings, Inc., Sears Roebuck and Co, WP Glimcher Inc.. (Attachments: # 1 Text of Proposed Order) (Woods, C. Craig) (Entered: 06/17/2016)

ORDER GRANTING STIPULATION TO AMEND SCHEDULING ORDER - This matter having come before the Court on the parties' Stipulation to Amend Scheduling Order, and good cause appearing therefor, IT JS HEREBY ORDERED that the record shall reflect that a trial on the merits before the Court (not a jury trial) shall begin July 17, 2017. No other changes are made to the Preliminary Pretrial Conference Order. Signed by Judge Walter H. Rice on 6/20/2016. (srb) (Entered: 06/20/2016)

Joint MOTION for Protective Order by Plaintiffs Access Center for Independent Living, Melody Ann Burba, Sylvia Jane Cook, John Kenneth Dixon, National Federation of the Blind of Ohio, Mark Theobald. Responses due by 7/18/2016 (Attachments: # 1 Text of Proposed Order Stipulated Protective Order) (Boylan, Jason) (Entered: 06/22/2016)

STIPULATED PROTECTIVE ORDER. Signed by Judge Walter H. Rice on 6/24/16. (pb)

Notice of Telephone Conference

NOTICE OF TELEPHONE CONFERENCE : Telephone Conference set for 7/18/2016 at 4:30 PM before Judge Walter H. Rice. (jdf)

ENTRY ORDERING PLAINTIFFS AND DEFENDANTS TO SHOW CAUSE WITHIN TWENTY-EIGHT (28) DAYS OF THIS ENTRY AS TO WHY THE GREATER DAYTON REGIONAL TRANSIT AUTHORITY SHOULD NOT BE JOINED IN THE LAWSUIT AS A DEFENDANT; DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. # 11 ) IS OVERRULED WITHOUT PREJUDICE, SUBJECT TO RENEWAL AFTER COURT'S DETERMINATION ON JOINDER. Signed by Judge Walter H. Rice on 7/6/2016. (srb) (Entered: 07/06/2016)

Telephone Conference

Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 7/18/2016. (Court Reporter: Debra Futrell) (jdf)

ENTRY OF RECUSAL; DEFENDANTS GIVEN UNTIL THE CLOSE OF BUSINESS ON AUGUST 1, 2016, TO FILE THEIR ANSWER OR OTHERWISE MOTION THE PLAINTIFFS' COMPLAINT; DIRECTION TO CLERK OF COURTS Judge Thomas M. Rose added. Judge Walter H. Rice no longer assigned to case. Judge Walter H. Rice recused. Case reassigned to Judge Thomas M. Rose for all further proceedings. Signed by Judge Walter H. Rice on 7/21/16. (pb) (Entered: 07/22/2016)

Defendant's ANSWER to 1 Complaint, for Declaratory And Injunctive Relief filed by All Defendants. (Robertson, Laura) (Entered: 07/29/2016)

MOTION to Amend/Correct 1 Complaint, by Plaintiffs Access Center for Independent Living, Melody Ann Burba, Sylvia Jane Cook, John Kenneth Dixon, National Federation of the Blind of Ohio, Mark Theobald. Responses due by 8/22/2016 (Attachments: # 1 Exhibit 1 First Amended Complaint for Declaratory and Injunctive Relief) (Boylan, Jason) (Entered: 07/29/2016)

RESPONSE to Motion re 24 MOTION to Amend/Correct 1 Complaint, and Response to Order to Show Cause filed by Defendants Bon-Ton Department Stores, Inc., Dayton Mall II, LLC, Dayton Mall Venture, LLC, Elder Ohio I Delaware Business Trust, Macy's Retail Holdings, Inc., Sears Roebuck and Co, WP Glimcher Inc.. (Attachments: # 1 Exhibit 1) (Robertson, Laura) (Entered: 08/03/2016)

ENTRY AND ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT 24 . Plaintiffs are ordered to file their First Amended Complaint for Declaratory and Injunctive Relief [24-1] in the docket of this Court within three business days of this Order. Signed by Judge Thomas M. Rose on 8-18-2016. (de) (Entered: 08/18/2016)

AMENDED COMPLAINT against Bon-Ton Department Stores, Inc., Dayton Mall II, LLC, Dayton Mall Venture, LLC, Elder Ohio I Delaware Business Trust, Macy's Retail Holdings, Inc., Sears Roebuck and Co, WP Glimcher Inc., Greater Dayton Regional Transit Authority, filed by National Federation of the Blind of Ohio, Sylvia Jane Cook, Mark Theobald, Access Center for Independent Living, John Kenneth Dixon, Melody Ann Burba. (Boylan, Jason) (Entered: 08/18/2016)

Defendants' ANSWER to 27 Amended Complaint, filed by Bon-Ton Department Stores, Inc., Dayton Mall II, LLC, Dayton Mall Venture, LLC, Elder Ohio I Delaware Business Trust, Macy's Retail Holdings, Inc., Sears Roebuck and Co, WP Glimcher Inc.. (Robertson, Laura) (Entered: 09/06/2016)

WAIVER OF SERVICE Returned Executed. Waiver sent to Greater Dayton Regional Transit Authority on 8/18/2016, answer due 10/17/2016. (Boylan, Jason) (Entered: 09/09/2016)

NOTICE of Appearance by Jonathan Hollingsworth for Defendant Greater Dayton Regional Transit Authority (Hollingsworth, Jonathan) (Entered: 09/12/2016)

STIPULATION to Amend Scheduling Order by Defendants Bon-Ton Department Stores, Inc., Dayton Mall II, LLC, Dayton Mall Venture, LLC, Elder Ohio I Delaware Business Trust, Macy's Retail Holdings, Inc., Sears Roebuck and Co, WP Glimcher Inc.. (Attachments: # 1 Text of Proposed Order) (Robertson, Laura) (Entered: 09/30/2016)

Notice of Hearing

NOTICE OF PROCEEDING: Status Teleconference set for 10/18/2016 at 3:30 PM before Chief Magistrate Judge Sharon L. Ovington. PLEASE CALL 1-888-684-8852. The ACCESS CODE is 6641708. The SECURITY CODE is 101816. If you have any questions, please call Rose Plummer at 937-512-1570. (rp)

Status Conference

Minute Entry for proceedings held before Chief Magistrate Judge Sharon L. Ovington: Status Teleconference held on 10/18/2016. (rp)

ORDER OF REFERENCE - Magistrate Judge Michael J. Newman added.. Signed by Chief Magistrate Judge Sharon L. Ovington on 10/19/2016. (srb) (Entered: 10/19/2016)

FIRST AMENDED SCHEDULING ORDER - Required disclosures of Defendant GDRTA under Fed. R. Civ.P. 26(a)(1) due by October 28, 2016., Cut-off date for filing motions to amend and to add parties due by November 14, 2016., Identification of lay witnesses with synopsis of their testimony to be filed by January 13, 2017., Written notification to Court by GDRTA re: contingent consentor refusal to Magistrate Judge for trial purposes only due by October 7, 2016., Plaintiff(s) to Defendant(s) (as to issue(s), if any, on whichDefendant(s) have the burden of proof) due by February 3, 2017., Defendant(s) to Plaintiff(s) (as to issue(s), if any, on which Defendant(s) have the burden of proof)due by February 3, 2017., Rebuttal Expert(s) due by April 12, 2017., Requests for admissions due by May 15, 2017., Cut-off DEADLINE for discovery due by June 15, 2017., Status conference following discovery deadline to explore ADR options: (By Telephone with Judge Rose who will manage case fromthis point forward to resolution or trial unless otherwise ordered.) June 29, 2017 at 10:00 am., Cut-off date for filing of motions for summary judgment due by July 17, 2017., Cut-off date for all other pretrial motions, i.e., motions in limine, motions for a view, etc. due 10 days prior to FPT., Joint Final Pretrial Order by parties to be filed no later than due 10 days prior to FPT., Trial exhibits to be exchanged by February 21, 2018., Final Pretrial Conference to be held In Chambers on January 18, 2018 at 1:30 pm., Deadline for submitting proposed jury instructions (To include verdict forms and interrogatories) to the Court in both hard copy and diskette form and original copies of depositions, with designations, that counsel intend to use at trial due At least 10 days prior to trial. Deadline for submitting counter-designations due At least 5 days prior to trial., Trial on the merits,before the Court, beginning: Febraury 26, 2018 at 9:00 am. Signed by Magistrate Judge Sharon L. Ovington on 10/19/2016. (srb) Modified on 10/24/2016 to edit docket text (srb). (Entered: 10/19/2016)

NOTICE by Defendant Greater Dayton Regional Transit Authority of Compliance with Rule 26(a)(1) Disclosure Requirements (Hollingsworth, Jonathan) (Entered: 10/28/2016)

NOTICE of Voluntary Dismissal by Plaintiff Sylvia Jane Cook (Jacobs, Ellis) (Entered: 11/21/2016)

Order Setting Mediation Conference: This case is set for Mediation on January 11,2017 at the Federal Building, 200 West Second Street, Room 505, in Dayton, Ohio 45402. Plaintiff and representatives shall arrive at the mediation at 10:00 a.m. Defendant and representatives shall arrive at the mediation at 11:00 a.m. (dm) (Entered: 12/28/2016)

Minute Entry: The pre-mediation status conference scheduled for January 6, 2017 at 2:30 p.m. is CANCELED and RESCHEDULED for January 6, 2017 at 3:15 p.m. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. Signed by Magistrate Judge Michael J. Newman on 12/29/2016. (cg) (Entered: 12/29/2016)

Order

Minute Entry: This civil case came before the Court for a mediation status conference by telephone on January 6, 2017 at 3:15 p.m. Attorneys Ellis Jacobs, Stanley Hirtle, Jason Boylan, C. Craig Woods, and Jonathan Hollingsworth participated. The parties discussed the mediation process and confirmed their commitment to mediating with the Court on January 11, 2017. Counsel were advised to contact Diane Marcus at 937-512-1641 with any questions about the mediation. (dm) (Entered: 01/09/2017)

Telephone Conference

Defendant Greater Dayton Regional Transit Authority ANSWER to 27 Amended Complaint, for Declaratory and Injunctive Relief filed by Greater Dayton Regional Transit Authority. (Hollingsworth, Jonathan) (Entered: 01/09/2017)

ORDER - The Court VACATES the First Amended Scheduling Order (doc. 34 ). The parties shall jointly file a Proposed Second Amended Scheduling Order on or before February 13, 2017. All discovery outstanding as of today shall be produced within (7) days. Second mediation on January 30, 2017 at 9:00 a.m. at the Federal Building, 200 West Second Street, Room 505, Dayton, Ohio, 45402. Signed by Judge Thomas M. Rose on 1/12/17. (ep)

NOTICE OF HEARING: This civil case is set for a second mediation conference with Judge Newman on 1/30/2017 commencing at 9:00 am. (dm) (Entered: 01/13/2017)

Notice of Hearing

NOTICE by Defendant Greater Dayton Regional Transit Authority of Disclosure of Lay Witnesses with Synopsis of Proposed Testimony (Hollingsworth, Jonathan) (Entered: 01/13/2017)

Notice of Hearing

NOTICE OF PROCEEDING: Teleconference set for 3/3/2017 at 10:00 AM before Magistrate Judge Sharon L. Ovington. PLEASE CALL 1-888-684-8852. The ACCESS CODE is 6641708. The SECURITY CODE is 030317. If you have any questions, please call Rose Plummer at 937-512-1570. (rp)

Telephone Conference

Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Telephone Conference held on 3/3/2017. (rp)

SECOND AMENDED SCHEDULING ORDER: Identification of lay witnesses with synopsis of their testimony to be served by: May 15, 2017., Plaintiff(s) to Defendant(s) (as to issue(s), if any, on which Defendant(s) have the burden of proof): June 5, 2017, Defendant(s) to Plaintiff(s) (as to issue(s), if any, on which Defendant(s) have the burden of proof): June 5, 2017, Rebuttal Expert (s): August 4, 2017. Requests for admissions: September 15, 2017., Cut-off DEADLINE for discovery: October 16, 2017. Status conference following discovery deadline to explore ADR options: (By Telephone with Judge Rose who will manage case from this point forward to resolution or trial unless otherwise ordered.) November 2, 2017 at 1:00 pm. Cut-off date for filing of motions for summary judgment: November 17, 2017. Cut-off date for all other pretrial motions, i.e., motions in limine, motions for a view, etc. 10 days prior to FPT., Joint Final Pretrial Order by parties to be filed no later than: 10 days prior to FPT., Final Pretrial Conference set for 5/17/2018 02:30 PM in Chambers before Judge Thomas M. Rose., Deadline for submitting proposed jury instructions (To include verdict forms and interrogatories) to the Court in both hard copy and diskette form and original copies of depositions, with designations, that counsel intend to use at trial: At least 10 days prior to trial., Deadline for submitting counter-designations: At least 5 days prior to trial., Bench Trial set for 6/25/2018 09:00 AM in Courtroom 2 - Dayton before Judge Thomas M. Rose. Signed by Magistrate Judge Sharon L. Ovington on 4/10/2017. (srb) (rp). Modified on 4/17/2017 (rp). (rp). (Entered: 04/10/2017)

NOTICE: Telephone Mediation Status Conference set for 4/28/2017 at 10:00 AM before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm) (Entered: 04/20/2017)

Notice of Telephone Conference

Witness List by Defendant Greater Dayton Regional Transit Authority. (Hollingsworth, Jonathan) (Entered: 05/15/2017)

Notice of Hearing

NOTICE OF PROCEEDING: Discovery Teleconference set for 6/1/2017 at 3:30 PM before Magistrate Judge Sharon L. Ovington. PLEASE CALL 1-888-684-8852. The ACCESS CODE is 6642708. The SECURITY CODE is 060117. If you have any questions, please call Judge Ovington's chambers at 937-512-1570. (rp)

~Util - Set Hearings AND Discovery Conference

Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Discovery Teleconference held on 6/1/2017; Discovery Status Teleconference set for 8/1/2017 at 10:00 AM before Magistrate Judge Sharon L. Ovington. PLEASE CALL 1-888-684-8852. The ACCESS CODE is 6641708. The SECURITY CODE is 080117. If you have any questions, please call Judge Ovington's chambers at 937-512-1570. (rp)

AMENDED SCHEDULING ORDER: Pursuant to the informal telephone discovery conference held on June 1, 2017, 44 the Second Amended Scheduling Order is AMENDED as stated. All remaining deadlines in 44 the Second Amended Scheduling Order are CONFIRMED. Signed by Magistrate Judge Sharon L. Ovington on 6-1-17. (mcm) (Entered: 06/01/2017)

Notice of Telephone Conference

NOTICE: Telephone Conference set for 11/2/2017 01:00 PM in Teleconference before Judge Thomas M. Rose. Parties shall call 1-888-684-8852, enter access code 1916636, enter security code 11022017 and wait for the Court to join the conference. (kma)

Unopposed MOTION Modification of Scheduling Order re 44 Preliminary Pretrial Order,,,,,,, Set Deadlines/Hearings,,,,,, by Plaintiffs Access Center for Independent Living, Melody Ann Burba, John Kenneth Dixon, National Federation of the Blind of Ohio, Mark Theobald. (Attachments: # 1 Text of Proposed Order) (Boylan, Jason) (Entered: 07/18/2017)

THIRD AMENDED SCHEDULING ORDER: Rebuttal Expert(s): September 4, 2017. Requests for admissions: October 16, 2017. Cut-off DEADLINE for discovery: November 15, 2017. Status conference following discovery deadline to explore ADR options: (By Telephone with Judge Rose who will manage case from this point forward to resolution or trial unless otherwise ordered.)November 22, 2017 at 10:00 a.m. Cut-off date for filing of motions for summary judgment: December 18, 2017. Cut-off date for all other pretrial motions, i.e., motions in limine, motions for a view, etc. 10 days prior to FPT. Joint Final Pretrial Order by parties to be filed no later than: 10 days prior to FPT. Trial exhibits to be exchanged by: July 18, 2018. Final Pretrial Conference set for 6/21/2018 01:30 PM in Chambers before Judge Thomas M. Rose. Deadline for submitting proposed jury instructions (To include verdict forms and interrogatories) to the Court in both hard copy and diskette form and original copies of depositions, with designations, that counsel intend to use at trial: At least 10 days prior to trial. Deadline for submitting counter-designations: At least 5 days prior to trial. Trial on the merits, before the Court, beginning: July 23, 2018 at 9:00 a.m. Signed by Magistrate Judge Sharon L. Ovington on 7/25/2017. (srb) (Entered: 07/25/2017)

Set Deadlines/Hearings

Set Deadlines/Hearings: Status Conference after Discovery set for 11/22/2017 (TIME CHANGE ONLY) 10:00 AM in Teleconference before Judge Thomas M. Rose. re 49 (kma) .

Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Discovery Status Telephone Conference held on 8/1/2017. (jg)

Notice of Corrective Docket Entry

Discovery Conference

Notice of Correction re: Mediation Held: Case at Impasse - docket entry was filed in incorrect case. (jg)

AGREED ORDER TO CHANGE DEADLINE FOR REBUTTAL EXPERT REPORT - Defendant Rebuttal Expert due by 9/8/2017; Plaintiff Rebuttal Expert due by 9/8/2017. Signed by Magistrate Judge Sharon L. Ovington on 8/29/17. (rp) (Entered: 08/29/2017)

Add and Terminate Judges

Magistrate Judge Michael J. Newman no longer assigned to case. (dm)

NOTICE: Referral of this case to the undersigned Judicial Officer has expired; and no motions or other matters in this case remain pending before the undersigned Judicial Officer. Signed by Magistrate Judge Sharon L. Ovington on 11/16/2017. (lek) (Entered: 11/16/2017)

Notice of Hearing

NOTICE of Hearing: Telephone Conference (following discovery) reset for Monday, November 27, 2017 at 1:15 p.m. before Judge Thomas M. Rose. Parties shall call 1-888-684-8852, enter access code 1916636, enter security code 11272017 and wait for the Court to join the conference. (ep)

Status Conference

Minute Entry for proceedings held before Judge Thomas M. Rose: Status Conference held on 11/27/2017. (ep)

ENTRY EXTENDING TIME FOR FILING MEMORANDUM IN OPPOSITION - By agreement of the parties, the Memorandum in Opposition to any Motion for Summary Judgment filed in this case shall be filed by January 29, 2018. Any Reply Memorandum shall be filed within twenty one days thereafter. Signed by Judge Thomas M. Rose on 11-28-2017. (de) (Entered: 11/28/2017)

MOTION for Summary Judgment and Memorandum of Law in Support by Defendants Bon-Ton Department Stores, Inc., Dayton Mall II, LLC, Dayton Mall Venture, LLC, Elder Ohio I Delaware Business Trust, Macy's Retail Holdings, Inc., Sears Roebuck and Co, WP Glimcher Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit Exhibit 8 continued, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit, # 51 Exhibit, # 52 Exhibit, # 53 Exhibit, # 54 Exhibit) (Robertson, Laura) (Entered: 12/18/2017)

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RESPONSE in Opposition re 53 MOTION for Summary Judgment and Memorandum of Law in Support filed by Plaintiffs Access Center for Independent Living, Melody Ann Burba, John Kenneth Dixon, National Federation of the Blind of Ohio, Mark Theobald. (Attachments: # 1 Exhibit 1 - Sixth Amendment to Operating Agreement, # 2 Exhibit 2 - Feb. 6, 2014 Letter from Steve Gerber to Frank Ecklar, # 3 Exhibit 3 - Deposition of Steve Gerber, # 4 Exhibit 4 - Deposition of Steve Medders, # 5 Exhibit 5 - Deposition of David Duebber, # 6 Exhibit 6 - 1968 Operating Agreement, # 7 Exhibit 7 - Apr. 28, 2008 Memorandum from Michael Minns to Steve Gerber, # 8 Exhibit 8 - Deposition of Frank Ecklar, # 9 Exhibit 9 - Jul. 1, 1991 Letter to Steve Wilshaw, # 10 Exhibit 10 - Aug. 3, 1994 Letter from Frank Ecklar to Steve Willshaw, # 11 Exhibit 11 - Feb. 13, 2012 Email from Mark Donaghy to Frank Ecklar, # 12 Exhibit 12 - Deposition of Mark Donaghy, # 13 Exhibit 13 - Kirwan Institute GDRTA Routes, # 14 Exhibit 14 - Map of John Dixons Bus Route to Dayton Mall, # 15 Exhibit 15 - Oct. 19, 2007 Letter from Mark Donaghy to Michael Minns, # 16 Exhibit 16 - Deposition of Melody Burba, # 17 Exhibit 17 - Deposition of Mark Theobald, # 18 Exhibit 18 - Apr. 3, 2015 Demand Letter to Mall Defendants, # 19 Exhibit 19 - Jun. 16, 2015 Email from Ellis Jacobs to Craig Woods, # 20 Exhibit 20 - Aug. 2, 2011 Email from John Thomas to Mark Donaghy, # 21 Exhibit 21 - Declaration of Melody Burba, # 22 Exhibit 22 - Jun. 7, 2010 Letter from Frank Ecklar to Dave Duebber, # 23 Exhibit 23 - Declaration of Mark Theobald, # 24 Exhibit 24 - Jun. 29, 2012 Project Mobility Eligibility Letter to Mark Theobald, # 25 Exhibit 25 - Deposition of John Dixon, # 26 Exhibit 26 - Declaration of John Dixon, # 27 Exhibit 27 - Deposition of Greg Kramer, # 28 Exhibit 28 - Deposition of Jeremy Morris, # 29 Exhibit 29 - Declaration of Greg Kramer, # 30 Exhibit 30 - Melody Burba Constituent Notes, # 31 Exhibit 31 - Access Center Constituent Notes, # 32 Exhibit 32 - Dec. 15, 2014 Email from Melody Burba to Greg Kramer, # 33 Exhibit 33 - Deposition of Richard Payne, # 34 Exhibit 34 - Declaration of Richard Payne, # 35 Exhibit 35 - Deposition of Wanda Sloan, # 36 Exhibit 36 - Washington Prime Group 2016 Form 10-K, # 37 Exhibit 37 - Dayton Mall II, LLC Interrogatory Answers, # 38 Exhibit 38 - Dayton Mall Parking Map, # 39 Exhibit 39 - Macys 2016 Form 10-K, # 40 Exhibit 40 - Sears 2016 Form 10-K, # 41 Exhibit 41 - Elder-Beerman 2016 Form 10-K, # 42 Exhibit 42 - 2011 Dayton Mall-RTA Operating Agreement, # 43 Exhibit 43 - Feb. 7, 2008 Memorandum from Michael Minns to Steve Gerber, # 44 Exhibit 44 - Feb. 29, 2012 Letter from Steve Gerber to Mark Donaghy, # 45 Exhibit 45 - Aug. 28, 2003 MB-16 Letter from Michael Minns to RTA, # 46 Exhibit 46 - RTA Connect Rider's Guide, # 47 Exhibit 47 - Declaration of Mark Donaghy, # 48 Exhibit 48 - Feb. 29, 2016 Email from Frank Ecklar to Greg Kramer, # 49 Exhibit 49 - Transit Access Project Riders Guide, # 50 Exhibit 50 - Aug. 27 1997 Memo from Tom Winstead, Jr. to Chris Lavender, # 51 Exhibit 51 - Lozano Amended Complaint, # 52 Exhibit 52 - Macys Bus Stop at Cielo Vista Mall, # 53 Exhibit 53 - Deposition of Thomas Zimmer, # 54 Exhibit 54 - Deposition of Kevin Lee, # 55 Exhibit 55 - Deposition of Brandon Policicchio, # 56 Exhibit 56 - Plaintiffs Rebuttal Expert Report (Part 1 of 5), # 57 Exhibit 57 - Oct. 29 2014 Letter from Frank Ecklar to Steve Gerber, # 58 Exhibit 58 - Feb. 10, 2005 Letter from CORTA to Michael Glimcher, # 59 Exhibit 59 - RTA/Dayton Mall Correspondences, # 60 Exhibit 60 - 2012 RTA/Dayton Mall Correspondences, # 61 Exhibit 61 - Melody Burba Interrogatory Answers, # 62 Exhibit 62 - Mall Expenditures, # 63 Exhibit 63 - Feb. 8, 2012 Letter from Mark Donaghy to Steve Gerber, # 64 Exhibit 64 - Altered Parking Ratios, # 65 Exhibit 65 - Dayton Mall Photos, # 66 Exhibit 66 - Dayton Mall Sidewalk Photos, # 67 Exhibit 67 - Oct. 30, 2014 Email to Frank Ecklar from Mark Donaghy, # 68 Exhibit 68 - Parking Summary Applicable to Site Modifications, # 69 Exhibit 69 - Mar. 11, 2004 Letter to Ohio Crime Prevention, # 70 Exhibit 70 - Apr. 22, 1998 Memo from Tom Winstead, Jr. to John Hoeller, # 71 Exhibit 56 (contd) Plaintiffs Rebuttal Expert Report (Part 2 of 5), # 72 Exhibit 56 (contd) Plaintiffs Rebuttal Expert Report (Part 3 of 5), # 73 Exhibit 56 (contd) Plaintiffs Rebuttal Expert Report (Part 4 of 5), # 74 Exhibit 56 (contd) Plaintiffs Rebuttal Expert Report (Part 5 of 5)) (Boylan, Jason) (Entered: 01/30/2018)

1 Exhibit 1 - Sixth Amendment to Operating Agreement

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2 Exhibit 2 - Feb. 6, 2014 Letter from Steve Gerber to Frank Ecklar

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3 Exhibit 3 - Deposition of Steve Gerber

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4 Exhibit 4 - Deposition of Steve Medders

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5 Exhibit 5 - Deposition of David Duebber

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6 Exhibit 6 - 1968 Operating Agreement

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7 Exhibit 7 - Apr. 28, 2008 Memorandum from Michael Minns to Steve Gerber

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8 Exhibit 8 - Deposition of Frank Ecklar

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9 Exhibit 9 - Jul. 1, 1991 Letter to Steve Wilshaw

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10 Exhibit 10 - Aug. 3, 1994 Letter from Frank Ecklar to Steve Willshaw

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11 Exhibit 11 - Feb. 13, 2012 Email from Mark Donaghy to Frank Ecklar

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12 Exhibit 12 - Deposition of Mark Donaghy

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13 Exhibit 13 - Kirwan Institute GDRTA Routes

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14 Exhibit 14 - Map of John Dixons Bus Route to Dayton Mall

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15 Exhibit 15 - Oct. 19, 2007 Letter from Mark Donaghy to Michael Minns

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16 Exhibit 16 - Deposition of Melody Burba

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17 Exhibit 17 - Deposition of Mark Theobald

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18 Exhibit 18 - Apr. 3, 2015 Demand Letter to Mall Defendants

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19 Exhibit 19 - Jun. 16, 2015 Email from Ellis Jacobs to Craig Woods

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20 Exhibit 20 - Aug. 2, 2011 Email from John Thomas to Mark Donaghy

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21 Exhibit 21 - Declaration of Melody Burba

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22 Exhibit 22 - Jun. 7, 2010 Letter from Frank Ecklar to Dave Duebber

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23 Exhibit 23 - Declaration of Mark Theobald

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24 Exhibit 24 - Jun. 29, 2012 Project Mobility Eligibility Letter to Mark Theobald

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25 Exhibit 25 - Deposition of John Dixon

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26 Exhibit 26 - Declaration of John Dixon

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27 Exhibit 27 - Deposition of Greg Kramer

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28 Exhibit 28 - Deposition of Jeremy Morris

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29 Exhibit 29 - Declaration of Greg Kramer

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30 Exhibit 30 - Melody Burba Constituent Notes

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31 Exhibit 31 - Access Center Constituent Notes

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32 Exhibit 32 - Dec. 15, 2014 Email from Melody Burba to Greg Kramer

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33 Exhibit 33 - Deposition of Richard Payne

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34 Exhibit 34 - Declaration of Richard Payne

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35 Exhibit 35 - Deposition of Wanda Sloan

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36 Exhibit 36 - Washington Prime Group 2016 Form 10-K

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37 Exhibit 37 - Dayton Mall II, LLC Interrogatory Answers

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38 Exhibit 38 - Dayton Mall Parking Map

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39 Exhibit 39 - Macys 2016 Form 10-K

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40 Exhibit 40 - Sears 2016 Form 10-K

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41 Exhibit 41 - Elder-Beerman 2016 Form 10-K

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42 Exhibit 42 - 2011 Dayton Mall-RTA Operating Agreement

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43 Exhibit 43 - Feb. 7, 2008 Memorandum from Michael Minns to Steve Gerber

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44 Exhibit 44 - Feb. 29, 2012 Letter from Steve Gerber to Mark Donaghy

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45 Exhibit 45 - Aug. 28, 2003 MB-16 Letter from Michael Minns to RTA

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46 Exhibit 46 - RTA Connect Rider's Guide

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47 Exhibit 47 - Declaration of Mark Donaghy

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48 Exhibit 48 - Feb. 29, 2016 Email from Frank Ecklar to Greg Kramer

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49 Exhibit 49 - Transit Access Project Riders Guide

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50 Exhibit 50 - Aug. 27 1997 Memo from Tom Winstead, Jr. to Chris Lavender

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51 Exhibit 51 - Lozano Amended Complaint

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52 Exhibit 52 - Macys Bus Stop at Cielo Vista Mall

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53 Exhibit 53 - Deposition of Thomas Zimmer

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54 Exhibit 54 - Deposition of Kevin Lee

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55 Exhibit 55 - Deposition of Brandon Policicchio

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56 Exhibit 56 - Plaintiffs Rebuttal Expert Report (Part 1 of 5)

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57 Exhibit 57 - Oct. 29 2014 Letter from Frank Ecklar to Steve Gerber

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58 Exhibit 58 - Feb. 10, 2005 Letter from CORTA to Michael Glimcher

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59 Exhibit 59 - RTA/Dayton Mall Correspondences

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60 Exhibit 60 - 2012 RTA/Dayton Mall Correspondences

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61 Exhibit 61 - Melody Burba Interrogatory Answers

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62 Exhibit 62 - Mall Expenditures

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63 Exhibit 63 - Feb. 8, 2012 Letter from Mark Donaghy to Steve Gerber

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64 Exhibit 64 - Altered Parking Ratios

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65 Exhibit 65 - Dayton Mall Photos

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66 Exhibit 66 - Dayton Mall Sidewalk Photos

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67 Exhibit 67 - Oct. 30, 2014 Email to Frank Ecklar from Mark Donaghy

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68 Exhibit 68 - Parking Summary Applicable to Site Modifications

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69 Exhibit 69 - Mar. 11, 2004 Letter to Ohio Crime Prevention

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70 Exhibit 70 - Apr. 22, 1998 Memo from Tom Winstead, Jr. to John Hoeller

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71 Exhibit 56 (contd) Plaintiffs Rebuttal Expert Report (Part 2 of 5)

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72 Exhibit 56 (contd) Plaintiffs Rebuttal Expert Report (Part 3 of 5)

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73 Exhibit 56 (contd) Plaintiffs Rebuttal Expert Report (Part 4 of 5)

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74 Exhibit 56 (contd) Plaintiffs Rebuttal Expert Report (Part 5 of 5)

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Unopposed MOTION to Amend/Correct 54 Response in Opposition to Motion,,,,,,,,,,,,,,,,,, by Plaintiffs Access Center for Independent Living, Melody Ann Burba, John Kenneth Dixon, National Federation of the Blind of Ohio, Mark Theobald. (Attachments: # 1 Exhibit Exhibit 34 - Declaration of Richard Payne) (Boylan, Jason) (Entered: 02/02/2018)

Order on Motion to Amend/Correct

NOTATION ORDER granting 55 Motion to Amend/Correct. Signed by Judge Thomas M. Rose on 2-5-2018. (de)

REPLY to Response to Motion re 53 MOTION for Summary Judgment and Memorandum of Law in Support of Mall Defendants' Motion for Summary Judgment filed by Defendants Bon-Ton Department Stores, Inc., Dayton Mall II, LLC, Dayton Mall Venture, LLC, Elder Ohio I Delaware Business Trust, Macy's Retail Holdings, Inc., Sears Roebuck and Co, WP Glimcher Inc.. (Robertson, Laura) (Entered: 02/19/2018)

NOTICE by Defendant Bon-Ton Department Stores, Inc. Notice of Bankruptcy Filing and Suggestion of Automatic Stay (Woods, C. Craig) (Entered: 03/01/2018)