Case: Smith v. City of Salem

Complaint (8 summons and Magistrate Consent Forms issued) against James A. Armeni, City of Salem, Ohio, Larry D. DeJane, Harry Dugan, Thomas Eastek, Walter Greenamyer, Joseph S. Julian, C. Brooke Zellers. Filed by Jimmie L. Smith. Filing fee paid; receipt number 512662. (Attachments: # 1 Civil Cover Sheet)(S, T) (Entered: 07/22/2002)

Random Assignment of Magistrate Judge George J. Limbert. (S, T) (Entered: 07/22/2002)

Notice of Placement of case in the CM/ECF Docketing System (S, T) (Entered: 07/22/2002)

Attorney Appearances by Aretta K. Bernard and Karen Gaum filed by on behalf of all defendants. (Bernard, Aretta) Modified to add Attorney Karen Gaum on 9/16/2002 (A, J). (Entered: 09/11/2002)

Case Management Conference Scheduling Order with case management conference to be held on 10/2/2002 at 10:00 AM at Chambers 313. Peter C. Economus, Judge (Attachments: # 1 Report of the Parties Planning Meeting)(M, P) (Entered: 09/13/2002)

Answer to Complaint with jury demand (Related Doc # 1 ) filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Bernard, Aretta) Modified text on 10/2/2002 (A, V). (Entered: 09/23/2002)

Motion for judgment on the pleadings filed by all defendants. (Attachments: # 1 Memorandum in Support of Motion for Judgment on the Pleadings# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F)(Bernard, Aretta) (Entered: 09/23/2002)

Order that Defendants have filed a motion for judgment on the pleadings, Plaintiff must file a memorandum in opposition by 10/28/02 and defendants shall reply by 11/13/02. Accordingly the Court shall postpone the CMC until resolution of the Defendants' motion. Peter C. Economus, Judge (M, P) (Entered: 10/03/2002)

Waiver of Summons by Joseph S. Julian returned. Waiver mailed on 7/25/02 filed by Jimmie L. Smith. (Related document(s) 1 ) (M, P) (Entered: 10/24/2002)

Waiver of Summons by David A. Vestor, Sr (for the City of Salem); Thomas E. Eastek, Sr; Larry D. DeJane; James Armeni; and Harry Dugan, Jr. returned. Waiver mailed on 7/25/02 filed by Jimmie L. Smith. (Related document(s) 1 ) (M, P) (Entered: 10/24/2002)

Waiver of Summons by Walter W. Greenamyer returned. Waiver mailed on 7/25/02 filed by Jimmie L. Smith. (Related document(s) 1 ) (M, P) (Entered: 10/24/2002)

Waiver of Summons by C. Brooke Zellers returned. Waiver mailed on 7/25/02 filed by Jimmie L. Smith. (Related document(s) 1 ) (M, P) (Entered: 10/24/2002)

Motion for extension of 30 days additional time To File Plaintiff's Memorandum In Opposition To Defendant's Motion For Judgment On The Pleadings filed by Jimmie L. Smith. (Barnabee, Randi) Modified text to include number of days for extension request on 10/29/2002 (A, J). (Entered: 10/28/2002)

Order (non-document) entered on 10/29/2002 Granting Plaintiff's Motion for extension of time to file Memorandum in Opposition to Defendant's Motion for Judgment on the Pleadings until 11/27/02 - NO FURTHER EXTENSIONS WILL BE GRANTED (Related Doc # 13 ), Judge Peter C. Economus, (B-R, S)

Opposition (Related Motion(s) 7 ) to Defendants' Motion for Judgment on the Pleadings filed by Jimmie L. Smith. (Attachments: # 1 Affidavit Local Rule 7.1(g))(Barnabee, Randi) (Entered: 11/28/2002)

Reply (Related Motion(s) 7 ) 14 to Plaintiff's Brief in Opposition filed by all defendants. (Attachments: # 1 Exhibit A)(Bernard, Aretta) Modified to correct document links on 12/12/2002 (A, J). (Entered: 12/11/2002)

Notice of Transmission of Authorities Cited filed by Jimmie L. Smith. (Attachments: # 1Genaro v. Cent. Transport, Inc., 84 Ohio St.3d 293 (1999)# 2 Doe v. Yunits, 00-MBAR-453 (MA. Superior Ct., October 11, 2000)# 3 Medina Rene v. MGM Grand Hotel, Inc., 98-16924 (9th Cir. Sept 24, 2002)# 4 Centola v. Potter, 2002 WL 122296, (D. Mass. 2002)# 5 Snelling v. Fall Mountain Regional Sch. Dist., 2001 WL 276975 (D.N.H. 2001)# 6 Bilunas v. Henderson, 2000 WL 639329 (D.N.H. 2000)# 7 Samborski v. West Valley Nuclear Services, Co., 99-CV-0213E(F) (W.D.N.Y. 1999)# 8 Bianchi v. Philadelphia, 2002 WL 23942 (Case No. 99-CV-2409) (E.D.Pa. 2002)# 9 Jones v. Pacific Rail Services, 2001 WL 127645 (N.D.Ill. 2001)# 10 Broadus v. State Farm Ins. Co., 2000 WL 1585257 (W.D. Mo. 2000)# 11 Heller v. Columbia Edgewater Country Club, 2002 WL 519746 (D.Or. 2002)# 12 Index Myers (fka Doe) v. Unitec Consumer Financial Services, Case No. 1:01-CV-1112 (N.D. Ohio 2001))(Related document(s) 14 ) (Barnabee, Randi) Modified text on 1/23/2003 (A, J). (Entered: 01/23/2003)

Supplement to Exhibits to Motion to Dismiss filed by all defendants. (Related Document # 7 ) (Attachments: # 1 Judgment Entry)(Bernard, Aretta) Modified text and created document link on 2/25/2003 (A, J). (Entered: 02/24/2003)

Memorandum, Opinion and Order signed on 2/26/2003; as a result of the foregoing analysis, the defendants' motion for judgment on the pleadings is granted with respect to plaintiff's Title VII and 1983 claims; furthermore, this matter is dismissed; It is so ordered; Judge Peter C. Economus (Related Doc # 7 ) (R, N) (Entered: 02/26/2003)

Judgment; this matter is before the Court upon the Motion for Judgment on the Pleadings filed on behalf of the defendants on 9/23/02; for the reasons set forth in the attached Memorandum Opinion and Order which is incorporated herein by reference, the defendants' motion for judgment on the pleadings is granted; It is so ordered; Judge Peter C. Economus (R, N) (Entered: 02/26/2003)

Motion for attorney fees by Aretta K. Bernard filed by on behalf of all defendants. (Attachments: # 1 Brief in Support # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E)(Bernard, Aretta) Modified on 8/11/2003 adding terminating date(M, P). (Entered: 03/11/2003)

Notice of Manual Filing filed by all defendants. (Related document(s) 22 ) (Bernard, Aretta) Modified changing document link on 3/12/2003 (A, J). (Entered: 03/11/2003)

Exhibit(s) E-1 to Affidavit of Aretta K. Bernard, which is Exhibit E to Motion for attorney fees filed by City of Salem, Ohio. (Related document(s) 20 ) (P, S) (Entered: 03/11/2003)

Notice of Appeal to the United States Court of Appeals for the 6th Circuit from the Memorandum Opinion and Order of 2/26/03 and Application to Proceed Without Prepayment of Fees filed by Jimmie L. Smith. (Related document(s) 18 ) (Barnabee, Randi) Modified text and advised Chambers on 3/13/2003 (A, J). (Entered: 03/12/2003)

Order that this matter is stayed pending appeal and defendant shall WITHDRAW their motion for Attorneys Fees (Related document(s) 20 ) subject to refiling following the resolution of the appeal process. Peter C. Economus, Judge (M, P) Modified text on 4/2/2003 (A, J). (Entered: 04/01/2003)

True copy of order from the USCA (USCA #03-3399) for the Sixth Circuit; Appellant having previously been advised that failure to satisfy certain specified obligations would result in dismissal of the case for want of prosecution and it appearing that the appellant has failed to satisfy the following obligations: the form of appearance was not filed by 3/28/03; the transcript purchase order was not filed by 3/28/03 and the civil appeal conference statement was not filed by 3/28/03; It is therefore ordered that this casue be and it hereby is dismissed for want of prosecution; Leonard Green, Clerk (Related documents(s) 23, 24 ) (R, N) Modified text on 5/5/2003 (A, J). (Entered: 05/02/2003)

Order that the stay in this matter is LIFTED and Plaintiff shall file an opposition brief to the Defendants' Motion for Attroneys' Fees (Related document(s) 20 ) by 5/19/03. Peter C. Economus, Judge (M, P) (Entered: 05/05/2003)

Order signed on 5/5/2003 Referring Motion for attorney fees to Magistrate Judge Limbert for a report and recommendation on this matter (Related Doc # 20 ). Peter C. Economus, Judge (M, P) (Entered: 05/05/2003)

Order from the USCA for the Sixth Circuit (Appeal # 03-3399); upon consideration of the Appeallant's motion to reinstate appeal, and it appearing that the default which led to dismissal of the appeal has been cured, It is ordered that the motion be and it hereby is granted; Leonard Green, Clerk (Related documents(s) 25 ) (R, N) (Entered: 05/14/2003)

Order that this matter is before the Court upon the Motion for Attorneys fees The Sixth Circuit has reinstated the appeal in this matter. This matter is STAYED pending appeal and, therefore defendants shall WITHDRAW their motion, subject to refiling following the resolution of the appeal process. Peter C. Economus, Judge signed 5/15/03(Related document(s) 20, 28 ) (M, P) (Entered: 05/16/2003)

Notice of Withdrawal of Motion for Attorneys' Fees (Related doc # 20 ) filed by all defendants. (Bernard, Aretta) Modified on 8/11/2003 adding link (M, P). (Entered: 08/08/2003)

Order re 30 Notice filed by City of Salem, Ohio, Thomas Eastek, Walter Greenamyer, C. Brooke Zellers, Larry D. DeJane, James A. Armeni, Joseph S. Julian, Harry Dugan, 20 granting Motion for attorney fees by Aretta K. Bernard filed by City of Salem, Ohio, Thomas Eastek, Walter Greenamyer, C. Brooke Zellers, Larry D. DeJane, James A. Armeni, Joseph S. Julian, Harry Dugan. Signed by Judge Peter C. Economus on 8/11/03. (M, P) (Entered: 08/11/2003)

Case Management Conference Scheduling Order with case management conference to be held on 8/30/2004 at 2:00 PM at Chambers 313 before Hon. Peter C. Economus. Signed by Judge Peter C. Economus on 8/4/04. (Attachments: # 1 Planning Report)(B-R, S) (Entered: 08/04/2004)

Notice of Magistrate Consent form (B-R, S) (Entered: 08/04/2004)

Information copy of the Amended Judgment from the USCA for the Sixth Circuit (Appeal #03-3399). It is ordered that the judgment of the district court is reversed and the case is remanded for further proceedings consistent with the opinion of this Court. Before Circuit Judges: Cole and Gilman and District Judge Schwarzer (R, N) (Entered: 10/01/2004)

Order to Show Cause on or before 9/24/04 why this case should not be dismissed for failure to prosecute and sanctions imposed for failure to appear. Signed by Judge Peter C. Economus on 9/10/04. (B-R, S) (Entered: 09/10/2004)

Attorney Appearance of Alphonse A. Gerhardstein and Jennifer L. Branch on behalf of all plaintiffs. (Gerhardstein, Alphonse) Modified docket text on 9/28/2004 (R, N). (Entered: 09/24/2004)

Motion with memorandum in support, for extension of the Case Management Conference until 10/30/04 filed by all plaintiffs. Related document(s) 34 . (Attachments: # 1 Affidavit Declaration Attorney Branch)(Gerhardstein, Alphonse) Modified docket text on 9/28/2004 (R, N). (Entered: 09/24/2004)

Response to Show Cause Order filed by all plaintiffs. Related document(s) 34 . (Gerhardstein, Alphonse) Modified docket text on 9/28/2004 (R, N). (Entered: 09/24/2004)

Order (non-document) granting Plaintiff's 36 Motion to continue. The Case Management Conference is to be held on 11/23/04 at 9:00 am. Entered by Judge Peter C. Economus on 9/27/04.(B-R, S) Modified docket text on 9/28/2004 (R, N).

True copy of mandate from the USCA for the Sixth Circuit: Reversing the judgment of the District Court and remanding as to 23 Notice of Appeal (USCA# 03-3399). Date issued as mandate 10/26/04, No costs taxed (Related document 38 ) (H, S P) (Entered: 10/28/2004)

Order: The status conference scheduled for 11/23/04 at 9:00 am shall be conducted in the Chambers of Magistrate Judge George J. Limbert. Signed by Judge Peter C. Economus on 11/17/04. (B-R, S) (Entered: 11/17/2004)

Motion for counsel to attend the status conference scheduled for 11/23/04, by telephone filed by Jimmie L. Smith. Related document(s) 40,. (Branch, Jennifer) Modified docket text on 11/19/2004 (R, N). (Entered: 11/18/2004)

Order (non-document) denying Plaintiff's Motion to attend Status Conference by telephone (Related Doc # 41 ). Counsel and Plaintiff are to be personally present for the Status Conference. Entered by Judge Peter C. Economus on 11/19/04.(B-R, S)

Motion to withdraw as attorney filed by Jimmie L. Smith. (Attachments: # 1 Declaration of Attorney Branch in support of motion)(Branch, Jennifer) Modified docket text on 11/22/2004 (R, N). (Entered: 11/21/2004)

Order (non-document) granting Plaintiff's Motion to withdraw as attorney, Attorneys Jennifer L. Branch and Alphonse A. Gerhardstein removed from case. (Related Doc # 42 ). Entered by Judge Peter C. Economus on 11/22/04.(B-R, S)

Minutes of proceedings (non-document): Status Conference held on 11/23/04 before Magistrate Judge George J. Limbert; Time: 45 minutes; (Court Reporter None.) (S, A)

Order: The Court sua sponte orders that Case Numbers 4:02CV1405 and 4:04CV700 shall be consolidated; all pleadings and filings shall bear the caption for each case and be docketed in each case. Signed by Judge Peter C. Economus on 11/23/04. (S, A) Modified on 11/24/2004 to correct filing date (S, A). (Entered: 11/24/2004)

Order: A telephonic conference shall be conducted through the chambers of Magistrate Judge Limbert on 12/7/04 at 9:00 a.m.; if the parties are unable to reach a settlement agreement, then they shall submit motions and filings in accordance with the briefing schedule and requirements outlined within this order; further, it is ordered that all discovery shall be stayed, except that limited discovery may be conducted where necessary to resolve the issue of qualified immunity; further, the individual defendants shall file their motions for summary judgment addressing the issue of qualified immunity no later than 12/31/04; plaintiff shall file her opposition brief on or before 1/31/05; defendants' reply briefs shall be filed on or before 2/14/05; the deadline for filing motions to amend pleadings and/or add parties is 11/30/04. Signed by Judge Peter C. Economus on 11/23/04. (S, A) (Entered: 11/24/2004)

Motion for leave to File Amended Answer filed by all defendants. (Attachments: # 1 Pleading Amended Answer)(Gaum, Karen) (Entered: 11/30/2004)

Amended Motion for leave to File Amended Answer Instanter with attached memorandum of law filed by all defendants. (Attachments: # 1 Pleading Amended Answer)(Gaum, Karen) Modified docket text on 12/2/2004 (R, N). (Entered: 11/30/2004)

Order (non-document) granting Defendant's Motion for leave to file Answer (Related Doc # 46 ). Defendant shall immediately file Answer electronically. Entered by Judge Peter C. Economus on 11/30/04.(B-R, S) Modified docket text on 12/1/2004 (R, N).

Order (non-document) denying as moot Defendant's Motion for leave to file Answer(Related Doc # 45 ). Entered by Judge Peter C. Economus on 11/30/04.(B-R, S)

Amended Answer to Complaint (Related Doc # 1 ) filed by all defendants. (Gaum, Karen) Modified docket text on 12/2/2004 (R, N). (Entered: 12/01/2004)

Minutes of proceedings (non-document): Telephonic Status Conference held on 12/7/04 before Magistrate Judge George J. Limbert; participating in the conference call were: Randi Allison Barnabee, counsel for plaintiff; Debra Smith, paralegal for plaintiff; Jimmie L. Smith, plaintiff; and Aretta K. Bernard, counsel for defendants; Time: 10 minutes; (Court Reporter None.) (S, A)

Notice of Hearing: A mediation is scheduled on 12/10/04 at 10:00 a.m., before Magistrate Judge Limbert in Room 229, Youngstown, Ohio. (S, A) (Entered: 12/07/2004)

Minutes of proceedings (non-document). Settlement Conference/Mediation held on 12/10/04 before Magistrate Judge George J. Limbert; the case has been resolved; Time: 1 hour 15 minutes; (Court Reporter Caroline Mahnke.) (S, A) Modified docket text on 12/14/2004 (R, N).

Entry of Dismissal With Prejudice filed by all parties. (Bernard, Aretta) Modified docket text and added party filers on 1/11/2005 (R, N). (Entered: 01/10/2005)

Entry of Dismissal with Prejudice. Per agreement of the parties, this consolidated matter is hereby dismissed with prejudice. Signed by Judge Peter C. Economus on 1/11/05. (A, J) (Entered: 01/11/2005)