Merz v. Opportunities for Ohioans with Disabilities

MOTION for Leave to Proceed in forma pauperis by Plaintiff Peter Merz. (Attachments: # 1 Civil Cover Sheet, # 2 Complaint, # 3 Summons Form OOD, # 4 Summons Form Kevin L. Miller, # 5 USM 285 - OOD, # 6 USM 285 - Kevin L. Miller) (White, Emily) (Entered: 01/31/2014)

ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge William O. Bertelsman on 2/3/14. (lk) (Entered: 02/03/2014)

COMPLAINT against Kevin L Miller, Opportunities for Ohioans with Disabilities, filed by Peter Merz. (lk) (Entered: 02/03/2014)

ORDER directing the U.S. Marshal to serve a copy of the complaint, summons, order granting leave to proceed in forma pauperis, and this order for service upon defendants as directed by plaintiff.. Signed by Judge William O. Bertelsman on 3/14/14. (lk) (Entered: 03/17/2014)

Summons Issued as to Kevin L Miller, Opportunities for Ohioans with Disabilities. Sent to the U.S. Marshal's office along with order granting IFP, order for service, USM285, and complaint. (lk) (Entered: 03/17/2014)

ANSWER to 3 Complaint filed by All Defendants. (O'Carroll, Leah) (Entered: 05/01/2014)

NOTICE of Appearance by Yvonne Tertel for Defendants Kevin L Miller, Opportunities for Ohioans with Disabilities (Tertel, Yvonne) (Entered: 05/01/2014)

ORDER signed by Judge William O. Bertelsman on 5/5/14. Rule 26 Meeting Report due by 5/23/2014. (eh) (Entered: 05/05/2014)

SUMMONS Returned Executed as to Defendants Kevin L Miller, Opportunities for Ohioans with Disabilities. Kevin L Miller served on 4/10/2014, answer due 5/1/2014; Opportunities for Ohioans with Disabilities served on 4/10/2014, answer due 5/1/2014. (jlw1) (Entered: 05/14/2014)

RULE 26(f) REPORT of the Parties by Plaintiff Peter Merz. (Corner, Barbara) (Entered: 05/23/2014)

ORDER REASSIGNING CASE signed by Judge William O. Bertelsman on 5/27/14. Case reassigned to Magistrate Judge Karen L. Litkovitz for all further proceedings. (eh) (Entered: 05/28/2014)

If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh1)

NOTICE: Scheduling Conference set for Tuesday, 7/15/2014 at 02:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE SCHEDULING CONFERENCE). (art) (Entered: 05/29/2014)

NOTICE of Rule 26(a) by Defendant Opportunities for Ohioans with Disabilities (O'Carroll, Leah) Modified docket text for clarity on 6/16/2014 (jee). (Entered: 06/13/2014)

NOTICE by Defendant Opportunities for Ohioans with Disabilities (Tertel, Yvonne) (Entered: 06/26/2014)

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Scheduling Conference held via telephone on 7/15/2014.Counsel for plaintiff and defendants present. Case calendar established. Order of the Court to follow. Case to be referred to MJ Bowman for mediation. (Court Reporter none present.) (art) (Entered: 07/15/2014)

CALENDAR ORDER: Deadline for leave to amend the pleadings set for 10/15/2014; Plaintiff identify and produce primary expert reports deadline 10/1/2014; Defendants identify and produce primary expert reports deadline 11/3/2014; Parties disclosure and report of rebuttal experts deadline 12/1/2014; Parties disclosure of non-expert (fact) witnesses deadline 10/15/2014; Parties to exchange witness list and summary deadline 11/5/2014; Discovery deadline 12/5/2014; Dispositive motion deadline 2/5/2015; Joint final pretrial order deadline 5/19/2015; Final Pretrial Conference set for 5/26/2015 at 02:00 PM before Magistrate Judge Karen L. Litkovitz; Bench Trial set for 6/8/2015 at 09:00 AM before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 7/15/2014. (art) (Entered: 07/15/2014)

ORDER REFERRING CASE to Magistrate Judge Stephanie K. Bowman for purposes of conducting a settlement conference. The parties shall contact MJ Bowman's chambers at 513-564-7646 by no later than 7/25/2014 and arrange a future date for the settlement conference to be held. Signed by Magistrate Judge Karen L. Litkovitz on 7/15/2014. (art) (Entered: 07/15/2014)

Order Setting Settlement Conference: Settlement Conference set for 8/1/2014 at 10:30 AM in Chambers Room 706 before Magistrate Judge Stephanie K. Bowman. Confidential statements due to the Court by 7/30/2014 at 12:00 Noon. Signed by Magistrate Judge Stephanie K Bowman on 7/21/2014. (km1) (Entered: 07/21/2014)

MEDIATOR'S NOTE: Settlement Conference held on 8/1/2014 before Magistrate Judge Stephanie K Bowman (attorneys only). Mediation is ongoing. Parties continue to work together. Follow-up Telephone Conference set for 9/3/2014 at 3:00 PM (km1)

NOTICE: Follow-Up Telephone Conference re: Settlement set for 9/3/2014 03:00 PM before Magistrate Judge Stephanie K. Bowman. COUNSEL TO CALL 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010 (km1)

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-Up Telephone Conference re: Settlement Conference held on 9/3/2014. Talks ongoing. Follow-up conference set for 10/3/2014 at 2:00 PM by telephone. (km1)

Remark re: Follow-up Telephone Conference set for 10/3/2014 at 2:00 PM before Magistrate Judge Stephanie K Bowman. COUNSEL TO CALL 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010 (km1)

Unopposed MOTION for Extension of Time New date requested 10/14/2014. by Plaintiff Peter Merz. (White, Emily) (Entered: 10/01/2014)

NOTATION ORDER granting plaintif's unopposed 19 Motion for Extension of Time for disclosure of expert witnesses and submission of expert reports. Plaintiff to identify and produce primary expert reports by 10/14/2014; Defendant to identify and produce primary expert reports by 11/17/2014; Parties disclosure and report of rebuttal experts due by 12/1/2014. Signed by Magistrate Judge Karen L. Litkovitz on 10/2/2014. (art) (Entered: 10/02/2014)

NOTICE: Follow-up Telephone Conference re: Status of Settlement set for 11/3/2014 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010 (km1)

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Status Update on Settlement held on 10/3/2014. Parties still working to resolve the case. Parties to file a joint motion to stay the calendar. Follow-up telephone conference set for 11/3/2014 at 10:00 AM. (km1)

Joint MOTION to Stay re 16 Scheduling Order by Plaintiff Peter Merz and Defendants. (White, Emily) Modified to add filers on 10/9/2014 (jlw1). (Entered: 10/08/2014)

ORDER granting parties Joint 21 Motion to Stay the calendar in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 10/9/2014. (art) (Entered: 10/09/2014)

NOTICE: Follow-Up Telephone Conference re: Status of Settlement Discussions set for 12/4/2014 10:30 AM before Magistrate Judge Stephanie K. Bowman. COUNSEL TO CALL 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010. (km1)

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-Up Telephone Conference re: Status of Settlement Discussions held on 11/3/2014. Attorneys Barbara Corner and Emily White appeared for Plaintiff; Attorney Henry Appel appeared for Defendants. Documents are being produced and progress is being made. Talks continue. Follow-up telephone conference set for 12/4/2014 at 10:30 AM. (km1)

NOTICE: Follow-Up Telephone Conference re: Status of Settlement Discussions set for 1/23/2015 10:00 AM before Magistrate Judge Stephanie K. Bowman. COUNSEL TO CALL 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010. (km1)

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-Up Telephone Conference held on 12/4/2014. Attorneys Barbara Corner and Emily White appeared for Plaintiff; Attorneys Ted Klecker and Henry Appel appeared for Defendants. Settlement discussions progressing. Next follow-up telephone conference set for 1/23/2015 at 10:00 AM. (km1)

NOTICE by Defendant Opportunities for Ohioans with Disabilities Notice Of Withdrawal Of Counsel (O'Carroll, Leah) (Entered: 12/16/2014)

NOTICE of Substitution of Counsel - Henry G. Appel substituting for Leah O'Carroll and Yvonne Tertel as to Defendants Kevin L Miller, Opportunities for Ohioans with Disabilities. (Appel, Henry) (Entered: 12/23/2014)

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference regarding status of settlement discussions held on 1/23/2015. Discussions are still ongoing, but parties anticipate jointly moving to lift stay and reset deadlines. (km1)

NOTICE: Status Conference set for Wednesday, 4/8/2015 at 03:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. PARTIES MUST ACCESS THIS DOCUMENT TO OBTAIN RESTRICTED CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (art) (Entered: 04/03/2015)

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 4/8/2015. Counsel for plaintiff present. Parties are directed to file a Joint Status Report with the Court within (7) days detailing the current status of this matter. (Court Reporter none present.) (art) (Entered: 04/08/2015)

NOTICE of Substitution of Counsel - Matthew J Lampke substituting for Henry Appel as to Defendants Kevin L Miller, Opportunities for Ohioans with Disabilities. (Lampke, Matthew) (Entered: 04/14/2015)

JOINT STATUS REPORT by Plaintiff Peter Merz and Defendants. (White, Emily) Modified to clarify docket text on 4/14/2015 (jlw1). (Entered: 04/14/2015)

ORDER that the 5/26/2015 FPTC, and the 6/8/2015 Trial dates are hereby Vacated pursuant to the parties notification that this matter has been settled 28 . Signed by Magistrate Judge Karen L. Litkovitz on 4/15/2015. (art) (Entered: 04/15/2015)

NOTICE of Voluntary Dismissal by Plaintiff Peter Merz, Defendants. (White, Emily) Modified to include defendants as filers on 5/26/2015 (eh). (Entered: 05/22/2015)

NOTICE: Status Conference set for Wednesday, 6/24/2015 at 03:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. PARTIES MUST ACCESS THIS DOCUMENT TO OBTAIN RESTRICTED CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (art) (Entered: 06/15/2015)

Pursuant to the parties 30 stipulated notice of dismissal, the status conference set for 6/24/2015 at 3:30 pm has been Vacated. (art)