Case: Jordan v. Dayton Metro Housing Auth.

Jordan v. Greater Dayton Premier Management

Jordan v. Greater Dayton Premier Management

Jordan v. Dayton Metropolitan Housing Authority

Jordan v. Greater Dayton Premier Management

Jordan v. Greater Dayton Premier Management

Jordan v. Dayton Metropolitan Housing Authority

Jordan v. Dayton Metropolitan Housing Authority

MOTION for Preliminary Injunction by Plaintiff Renee Jordan. (Attachments: # 1 Exhibit unpublished case, # 2 Supplement memorandum, # 3 Affidavit declaration) (Lavey, Debra) (Entered: 08/22/2013)

1 Exhibit unpublished case

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2 Supplement memorandum

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3 Affidavit declaration

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COMPLAINT with JURY DEMAND against All Defendants, filed by Renee Jordan. (Attachments: # 1 Civil Cover Sheet) (Lavey, Debra) (Entered: 08/22/2013)

1 Civil Cover Sheet

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MOTION for Leave to Proceed in forma pauperis by Plaintiff Renee Jordan. (Lavey, Debra) (Entered: 08/22/2013)

NOTATION ORDER sustaining 3 Motion for Leave to Proceed in forma pauperis. Signed by Judge Walter H Rice on 8/22/2013. (jdf1)

NOTICE OF TELEPHONE CONFERENCE:Telephone Conference set for 8/27/2013 at 10:30 AM before Judge Walter H Rice. (jdf1)

Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 8/27/2013. ( Status Telephone Conference set for 10/21/2013 at 5:15 PM before Judge Walter H Rice and Oral/Evidentiary Hearing set for 10/31/2013 at 9:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice.) (Court Reporter Debra Futrell.) (jdf1)

Magistrate Judge Michael R. Merz to be assigned for referral purposes. (tt)

DATE FOR ORAL AND EVIDENTIARY HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. # 1 ) AND PRE-HEARING TELEPHONE CONFERENCE, I. An oral and evidentiary hearing, if needed, will be held upon Plaintiffs Motion for Preliminary Injunction (Doc. # 1 ), beginning at 9:00a.m. on Thursday, October 31, 2013; and 2. A pre-hearing telephone conference, between Court and counsel, will be held beginning at 5:15 p.m. on Monday, October 21, 2013 before Judge Walter H Rice.). Signed by Judge Walter H Rice on 09/03/13. (pb1) (Entered: 09/04/2013)

WAIVER OF SERVICE Returned Executed. Waiver sent to Greater Dayton Premier Management on 8/22/2013, answer due 10/21/2013. (Lavey, Debra) (Entered: 09/05/2013)

RESPONSE in Opposition re 1 MOTION for Preliminary Injunction Memorandum of Greater Dayton Premiere Management and Dayton Metropolitan Housing Authority in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Defendants Dayton Metropolitan Housing Authority, Greater Dayton Premier Management. (Freudiger, Ray) (Entered: 09/12/2013)

Defendants Greater Dayton Premier Management and Dayton Metropolitan Housing Authority's ANSWER to 2 Complaint filed by All Defendants. (Freudiger, Ray) (Entered: 09/13/2013)

REPLY to Response to Motion re 1 MOTION for Preliminary Injunction filed by Plaintiff Renee Jordan. (Lavey, Debra) (Entered: 09/26/2013)

NOTICE OF TELPHONE CONFERENCE AND HEARING: Telephone Conference set for 11/7/2013 at 4:30 PM before Judge Walter H Rice. Oral/Evidentiary Hearing set for 11/20/2013 at 9:30 AM in Courtroom 1 - Dayton before Judge Walter H Rice. (jdf1)

NOTICE OF TELEPHONE CONFERENCE: Telephone Conference set for 11/21/2013 at 11:30 AM before Judge Walter H Rice. (jdf1)

NOTICE OF TELEPHONE CONFERENCE DATE CORRECTION: Telephone Conference set for 10/21/2013 at 11:30 AM before Judge Walter H Rice. Please disregard the previous date of 11/21/2013. (jdf1)

Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 10/21/2013. (Court Reporter Debra Futrell.) (jdf1)

ENTRY JOURNALIZING RESULTS OF TELEPHONE CONFERENCE CALL OF OCTOBER 21, 2013. Signed by Judge Walter H Rice on 10/25/13. (pb1) (Entered: 10/28/2013)

Notice of Correction re: 9 Notice to Take Deposition,.DELETE, COUNSEL NOT TO SUBMIT DISCOVERY ON THE DOCKET WITHOUT LEAVE OF COURT, COUNSEL NOTIFIED (pb1)

Minute Entry for Telephone Conference held on 11/7/2013. (jdf1)

NOTICE to Take Deposition of Renee Jordan by Defendants Dayton Metropolitan Housing Authority, Greater Dayton Premier Management. (Freudiger, Ray) (Entered: 11/12/2013)

Joint MOTION to Continue Preliminary Injunction Hearing by Defendant Dayton Metropolitan Housing Authority. (Freudiger, Ray) (Entered: 11/14/2013)

NOTATION ORDER sustaining 12 Motion to Continue. Signed by Judge Walter H Rice on 11/15/2013. (jdf1)

NOTICE OF TELEPHONE CONFERENCE : Scheduling Telephone Conference set for 11/20/2013 at 9:30 AM in before Judge Walter H Rice. (jdf1)

Minute Entry for Telephone Conference held on 11/20/2013. ( Status Telephone Conference set for 12/19/2014 at 4:45 PM before Judge Walter H Rice. Oral/Evidentiary Hearing set for 1/9/2014 at 9:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice ). (jdf1)

MOTION for Temporary Restraining Order by Plaintiff Renee Jordan. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Debra A. Lavey) (Currie, Matthew) (Entered: 12/18/2013)

NOTICE by Plaintiff Renee Jordan re 13 MOTION for Temporary Restraining Order Filing Signed Declaration (Attachments: # 1 Signed Declaration of Debra A. Lavey) (Currie, Matthew) (Entered: 12/19/2013)

Minute Entry for proceedings held before Judge Walter H Rice:Telephone Conference held on 12/19/2013, ( Oral/Evidentiary Hearing set for 1/16/2014 at 9:00 AM in default hearing location for Dayton before Judge Walter H Rice.) (Court Reporter Debra Futrell.) (jdf1)

NOTATION ORDER finding as moot, per telephone conference of 12/19/2013 13 Motion for TRO. Signed by Judge Walter H Rice on 12/20/2013. (jdf1)

MOTION in Limine to Exclude Evidence and Testimony of Linda Sanford with Memo in Support Attached by Plaintiff Renee Jordan. (Attachments: # 1 Exhibit Declaration of Maurice McGough with Attachment) (Truitt, Kevin) Modified on 1/30/2014 to reflect terminated per oral motion of 1/27/2014 (tt). (Entered: 01/03/2014)

PROTECTIVE ORDER FOR INFORMATION FROM PLAINTIFF. Signed by Judge Walter H Rice on 01/14/14. (pb1)

RESPONSE in Opposition re 15 MOTION in Limine to Exclude Evidence and Testimony of Linda Sanford with Memo in Support Attached filed by Defendants Dayton Metropolitan Housing Authority, Greater Dayton Premier Management. (Freudiger, Ray) (Entered: 01/15/2014)

NOTICE OF FILING DEPOSITION of Renee Jordan by Defendants Dayton Metropolitan Housing Authority, Greater Dayton Premier Management. (Freudiger, Ray) (Entered: 01/15/2014)

DEPOSITION of Renee Jordan taken on 10/29/13 and 11/18/13 by Defendants Dayton Metropolitan Housing Authority, Greater Dayton Premier Management. (Attachments: # 1 Transcript pgs 101-175, # 2 Transcript 176-269) (Freudiger, Ray) (Entered: 01/15/2014)

STIPULATION FOR THE JANUARY 16, 2012 PRELIMINARY INJUNCTION HEARING by Plaintiff Renee Jordan and Defendants Dayton Metropolitan Housing Authority, Greater Dayton Premier Management. (jdf1) (Entered: 01/17/2014)

Minute Entry for proceedings held before Judge Walter H Rice: Evidentiary Hearing held on 1/16/2014. Preliminary Injunction Hearing held. Witness sworn and testimony taken. ( Preliminary Injunction Hearing continued until 1/22/2014 at 1:00 PM in Room 150 for Dayton before Judge Walter H Rice.). (Court Reporter Debra Futrell.) (jdf1) (Entered: 01/17/2014)

Minute Entry for proceedings held before Judge Walter H Rice: Evidentiary Hearing held on 1/23/2014.Preliminary Injunction Hearing held. Witness sworn and testimony taken. Briefing Schedule set - By close of business on Thursday parties are to file a list with the court of the Exhibits they are offering. Objections due one week thereafter. Plaintiff is to file post hearing memorandum 2 weeks after the transcript is filed. Defendant is to file a response 2 weeks thereafter and Plaintiff is to file a reply 10 days thereafter. (Court Reporter Debra Futrell.) (jdf1) (Entered: 01/23/2014)

ORAL ORDER overruling re 15 MOTION in Limine to Exclude Evidence and Testimony of Linda Sanford with Memo in Support Attached filed by Renee Jordan. Signed by Judge Walter H Rice on 1/27/2014. (jdf1)

Exhibit List Defendant's Proffered Exhibits by Defendant Greater Dayton Premier Management.. (Freudiger, Ray) (Entered: 01/29/2014)

Exhibit List Plaintiff's Proffered Exhibit List by Plaintiff Renee Jordan.. (Truitt, Kevin) (Entered: 01/30/2014)

Objection re 24 Exhibit List of Plaintiff by Defendant Greater Dayton Premier Management. (Freudiger, Ray) (Entered: 02/05/2014)

Objections to Defendants' Proffered Exhibits 23 by Plaintiff Renee Jordan. (Lavey, Debra) Modified text for clarity on 2/6/2014 (tt). (Entered: 02/06/2014)

Transcript of Proceedings held on 1/16/2014 Preliminary Injunction Hearing Vol. I of II, before Judge Walter H. Rice. Court Reporter/Transcriber Debra Futrell, Telephone number 937-512-1511. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 3/4/2014. Redacted Transcript Deadline set for 3/14/2014. Release of Transcript Restriction set for 5/12/2014. (jg1) (Entered: 02/11/2014)

Transcript of Proceedings held on 1/22/2014 Preliminary Injunction Hearing Vol. II of II, before Judge Walter H. Rice. Court Reporter/Transcriber Debra Futrell, Telephone number 937-512-1511. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 3/4/2014. Redacted Transcript Deadline set for 3/14/2014. Release of Transcript Restriction set for 5/12/2014. (jg1) (Entered: 02/11/2014)

Response re 26 Objection (non motion) Response of Defendant, Greater Dayton Permier Management to Plaintiff's Objections to Defendant's Proffered Exhibits by Defendant Dayton Metropolitan Housing Authority. (Freudiger, Ray) (Entered: 02/13/2014)

TRIAL BRIEF post hearing brief in support of Motion for Preliminary Injunction 1 by Plaintiff Renee Jordan. (Attachments: # 1 Appendix Letter of Finding of NonCompliance, # 2 Appendix Elaine Letton Deposition transcript portion, # 3 Appendix Darren Stevens deposition transcript portion) (Lavey, Debra) Modified to add hyper-link on 2/25/2014 (tt). (Entered: 02/25/2014)

1 Appendix Letter of Finding of NonCompliance

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2 Appendix Elaine Letton Deposition transcript portion

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3 Appendix Darren Stevens deposition transcript portion

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MOTION for Extension of Time to File New date requested 3/25/2014. Post-Trial Brief by Defendants Dayton Metropolitan Housing Authority, Greater Dayton Premier Management. (Attachments: # 1 Affidavit of Ray C. Freudiger, # 2 Text of Proposed Order) (Freudiger, Ray) (Entered: 03/05/2014)

NOTATION ORDER sustaining in part; Defendants have until the close of business on Thursday, March 20, 2014, to file their Memorandum Contra. Plaintiff has until the close of business on Thursday, March 27, 2014, to file her Reply Memorandum. No further extension will be granted re 31 Motion for Extension of Time to File. Signed by Judge Walter H Rice on 3/5/2014. (jdf1)

TRIAL BRIEF Post Hearing Brief In Response to Plaintiff's Motion for Preliminary Injunction by Defendant Greater Dayton Premier Management. (Freudiger, Ray) (Entered: 03/19/2014)

REPLY to Response to Motion re 1 MOTION for Preliminary Injunction Plaintiff Renee Jordan's Reply in Support of Her Post-Hearing Brief and Motion for Preliminary Injunction filed by Plaintiff Renee Jordan. (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2, # 3 Exhibit Attachment 3, # 4 Exhibit Attachment 4) (Lavey, Debra) (Entered: 03/27/2014)

DECISION AND ENTRY RULING ON OBJECTIONS TO EXHIBITS PRESENTED AT EVIDENTIARY HEARING; SUSTAINING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. # 1 ); ORDERING DEFENDANT GDPM TO PROVIDE COPIES OF ALL CORRESPONDENCE ON MICROCASSETTE TAPE; SETTING STATUS CONFERENCE FOR APRIL 10, 2014. Signed by Judge Walter H Rice on 3/28/2014. (jdf1) (Entered: 03/28/2014)

NOTICE OF TELEPHONE CONFERENCE:Telephone Conference set for 4/10/2014 at 4:00 PM before Judge Walter H Rice. (jdf1)

NOTICE: Telephone Conference set for 4/14/2014 at 02:30 PM before Judge Walter H Rice. (Vinolus, Donna)

Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 4/14/2014. ( Telephone Conference set for 4/21/2014 at 2:00 PM in Courtroom 1 - Dayton before Judge Walter H Rice.). (Court Reporter Debra Futrell.) (jdf1)

Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 4/21/2014. (Court Reporter Debra Futrell.) (jdf1)

ORDER OF REFERENCE - Pursuant to 28 U.S.C. §636(b)(l)(A), (B), and (C), and §636(b)(3), the above-captioned action is hereby referred to United States Magistrate Judge Sharon L. Ovington, ADR Coordinator. Signed by Judge Walter H Rice on 04/22/14. (pb1) (Entered: 04/23/2014)

ORDER REFERRING CASE to Magistrate Judge Michael J Newman solely for the purpose of conducting a mediation. Signed by Chief Magistrate Judge Sharon L Ovington on 4/23/14. (rp1) (Entered: 04/23/2014)

NOTICE OF TELEPHONE CONFERENCE: Preliminary Pretrial Telephone Conference set for 5/20/2014 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. (jdf1)

RULE 26(f) REPORT Rule 26(F) report of the parties by Plaintiff Renee Jordan. (Lavey, Debra) (Entered: 05/13/2014)

Minute Entry for proceedings held before Judge Walter H Rice: Preliminary Pretrial Telephone Conference held on 5/20/2014. (Scheduling Entry to be filed shortly.) (Court Reporter Debra Futrell.) (jdf1)

ORDER FOR COURT-CONDUCTED MEDIATION -(Mediation Hearing set for 8/12/2014 at 01:00 PM in Chambers before Magistrate Judge Michael J Newman). Signed by Magistrate Judge Michael J Newman on 06/24/14. (pb1) (Entered: 06/24/2014)

ORDER SETTING PRE-MEDIATION TELEPHONE CONFERENCE, - Initial Mediation Telephone Conference set for 8/11/2014 at 2:00 PM. - The parties are directed to call 1-877-336-1839, enter access code 2725365, security code 123456, and wait for the Court to join the conference. Signed by Magistrate Judge Michael J Newman on 06/24/14. (pb1) (Entered: 06/24/2014)

PRELIMINARY PRETRIAL CONFERENCE ORDER: Case is referred to Magistrate Judge Michael R Merz - Required disclosures under Fed. R. Civ. P. 26(a)(l)- 8/20/14. Settlement demand by Plaintiff upon Defendant to be made by 8/12/14 AT MEDIATION. Motions directed to pleadings due by 9/2/2014. Amended Pleadings due by 9/2/2014. PLTF Lay Witness due by 9/2/2014, Dft Lay Witness due 9/23/2014. Plaintiff Primary Expert due by 9/2/2014. Plaintiff Rebuttal Expert due by 9/23/2014. Defendant Primary Expert due by 10/6/2014. Defendant Rebuttal Expert due by 10/14/2014. Discovery due by 11/28/2014. Status Conference set for 12/8/2014 AT 5:00 PM BY Teleconference before Judge Walter H Rice. Proposed Final Pretrial Order due by 4/7/2015. Final Pretrial Conference set for 4/14/2015 at 5:00 PM by Teleconference before Judge Walter H Rice. Exhibit Submission for Trial or Hearing due by 4/10/2015. Jury Trial set for 4/27/2015 at 9:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice. Signed by Judge Walter H Rice on 07/25/14. (pb1) (Entered: 07/25/2014)

MOTION to Continue the August 12, 2014 Mediation by Defendant Greater Dayton Premier Management. (Freudiger, Ray) (Entered: 08/04/2014)

RESPONSE to Motion re 41 MOTION to Continue the August 12, 2014 Mediation filed by Plaintiff Renee Jordan. (Lavey, Debra) (Entered: 08/08/2014)

Minute Entry and Notation Order: This civil case came before the Court for a pre-mediation telephone conference. During the conference, the Court heard the parties' positions regarding Defendant Greater Dayton Premier Management's motion to continue the mediation (doc. 41 ). For good cause shown, the Court GRANTS Defendant's motion. The mediation previously set for 8/12/2014 is VACATED and RESCHEDULED for 9/11/2014 at 10:00 a.m. Plaintiff requested that the Court permit her to participate in the mediation in a room on the first floor of the Federal Building and the Court intends to accommodate Plaintiff's request. A pre-mediation telephone conference is set for 9/10/2014 at 2:00 p.m. The parties are directed to call 1-877-336-1839, enter access code 2725365, security code 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (eha)

Notice of Hearing: Pre-Mediation Telephone Conference reset for 9/10/2014 at 4:00 PM before Magistrate Judge Michael J Newman. TIME CHANGE ONLY. The parties are directed to call 1-877-336-1839, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (cib1)

Witness List by Plaintiff Renee Jordan. (Lavey, Debra) (Entered: 09/02/2014)

Witness List by Defendant Greater Dayton Premier Management. (Freudiger, Ray) (Entered: 09/22/2014)

Minute Order. Proceedings held before Magistrate Judge Michael J Newman: Minute Entry and Notation Order: The undersigned spoke and conferred separately with counsel for the parties by telephone on 10/1/2014 in preparation for the continued mediation conference set for 10/8/2014. Anticipating and expecting the case to resolve by settlement on or before 10/8/2014, the undersigned ORDERS counsel for the parties to confer, in good faith, regarding settlement by telephone by the close of business on 10/6/2014. IT IS SO ORDERED. (pb1)

ORDER OF DISMISSAL: TERMINATION ENTRY - The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provided that any ofthe pa rties may, upon good cause shown within 60 days, reopen the action if settlement is not consummated. Parties intending to preserve this Court's jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of Ame rica, 114 S.Ct. 1673 (1994), andincorporate appropriate language in any substituted judgment entry. The Court will retain jurisdiction to enforce the terms of the settlement between the parties, if necessary. Signed by Judge Walter H Rice on 10/14/14. (pb1)

MOTION for Extension of Time to File New date requested 11/20/2014. to File Motion for Leave to File a Proposed Consent Decree by Plaintiff Renee Jordan. (Truitt, Kevin) (Entered: 11/10/2014)

Notation ORDER granting 46 Motion for Extension of Time to File. Signed by Magistrate Judge Michael R Merz on 11/11/2014. (mrm0)

First MOTION for Leave to File proposed consent decree by Plaintiff Renee Jordan. (Attachments: # 1 consent decree) (Lavey, Debra) (Entered: 11/20/2014)

Notation ORDER granting 47 Motion for Leave to File proposed consent decree. Approval of the decree is reserved to Judge Rice. Signed by Magistrate Judge Michael R Merz on 11/21/2014. (mrm0)

CONSENT DECREE. Signed by Judge Walter H Rice on 11/24/2014. (jdf1) (Entered: 11/24/2014)

Docket Annotation

Exhibit Disposal Pursuant to S.D. Ohio Civ. R. 79.2 : Expiration of retrieval period has expired, all exhibits held in this matter shall be disposed. (ep)