Case: Ames v. State of Ohio Department of Youth Services

Ames v. State of Ohio

U.S. Court of Appeals for the Sixth Circuit

Supreme Court of the United States

Supreme Court of the United States

COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7760613), filed by Marlean A. Ames. (Attachments: # 1 EEOC Determination, # 2 Fall Back Rights, # 3 EEOC Charge and Right to Sue) (Gilbert, Edward) (Entered: 11/18/2020)

1 EEOC Determination

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2 Fall Back Rights

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3 EEOC Charge and Right to Sue

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REQUEST FOR WAIVER of Service sent to Amy Ruth Ita on 11/23/2020 by Plaintiff Marlean A. Ames. Waiver of Service due by 12/23/2020. (Gilbert, Edward) (Entered: 12/14/2020)

WAIVER OF SERVICE Returned Executed. Waiver sent to State of Ohio Department of Youth Services on 11/23/2020, answer due 1/22/2021. (Gilbert, Edward) (Entered: 12/16/2020)

ANSWER to 1 Complaint, filed by State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 01/22/2021)

NOTICE of Hearing: Preliminary Pretrial Conference set for 3/9/2021 10:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 02/03/2021)

NOTICE of Change of Address by Cathleen Belle Chrissos Slater (Slater, Cathleen) (Entered: 02/03/2021)

NOTICE by Plaintiff Marlean A. Ames Notice of Service of Initial Disclosures (Gilbert, Edward) (Entered: 02/04/2021)

RULE 26(f) REPORT Jointly Filed by Plaintiff and by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 03/02/2021)

PRELIMINARY PRETRIAL ORDER: Initial Disclosures due by 3/23/2021; Motions re: Venue and Jurisdiction due by 3/26/2021; Joinder of Parties & Motions to Amend due by 4/9/2021; Discovery due by 3/15/2022; Protective Order or Clawback Agreement due by 3/26/2021; Dispositive motions due by 4/29/2022; Primary Expert due by 12/15/2021; Rebuttal Expert due by 2/15/2022; Settlement Demand due by 9/30/2021; Response to Settlement Demand due by 10/15/2021; Case is referred to Mediation in 1/2022. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/9/2021. (kk2) (Entered: 03/09/2021)

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 3/9/2021. (sln)

Pretrial Conference - Interim

NOTICE by Plaintiff Marlean A. Ames Notice of Service of Request for Production (Gilbert, Edward) (Entered: 03/18/2021)

MOTION for Judgment on the Pleadings (Partial) by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibit 1) (Slater, Cathleen) (Entered: 03/26/2021)

1 Exhibit 1

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STIPULATION for Protective Order Jointly Filed by Plaintiff and by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 03/26/2021)

PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on March 29, 2021. (jlk) (Entered: 03/29/2021)

MOTION for Extension of Time New date requested 4/26/2021. by Plaintiff Marlean A. Ames. (Attachments: # 1 Text of Proposed Order Proposed order per local rules) (Gilbert, Edward) (Entered: 04/05/2021)

MOTION for Protective Order Staying Discovery by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Slater, Cathleen) (Entered: 04/06/2021)

ORDER granting 14 Motion for Extension of Time to Respond to 11 Motion for Partial Judgment on the Pleadings. Plaintiff shall have until APRIL 26, 2021 to file an opposition brief to Defendant Ohio Department of Youth Services' Motion for Partial Judgment on the Pleadings. Signed by Magistrate Judge Elizabeth Preston Deavers on April 6, 2021. (jlk) (Entered: 04/06/2021)

Set/Reset Deadlines as to 11 MOTION for Judgment on the Pleadings (Partial). Responses due by 4/26/2021 (jlk)

Set Motion and R&R Deadlines/Hearings

RESPONSE in Opposition re 15 MOTION for Protective Order Staying Discovery filed by Plaintiff Marlean A. Ames. (Gilbert, Edward) (Entered: 04/07/2021)

Motion for Leave to file an AMENDED COMPLAINT against All Defendants, filed by Marlean A. Ames. (Attachments: # 1 Exhibit First Amended Complaint) (Gilbert, Edward) Modified event and text on 4/12/2021 (jlk). (Entered: 04/09/2021)

1 Exhibit First Amended Complaint

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Mail Returned as Undeliverable. Mail sent to David Yost, re 16 Order on Motion for Extension of Time, @ David Yost, Peterson & Yost, 140 North Sandusky Street, Delaware, Ohio 43015, was returned and marked as "NOT AT THIS ADDRESS". (jlk) (Entered: 04/19/2021)

RESPONSE in Opposition re 11 MOTION for Judgment on the Pleadings (Partial) filed by Plaintiff Marlean A. Ames. (Gilbert, Edward) (Entered: 04/20/2021)

REPLY to Response to Motion re 15 MOTION for Protective Order Staying Discovery filed by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 04/20/2021)

RESPONSE in Opposition re 18 MOTION to Amend Complaint filed by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 04/23/2021)

MOTION for Extension of Time New date requested 5/6/2021. to Respond to Plaintiff's First Request for Production of Documents by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Text of Proposed Order) (Slater, Cathleen) (Entered: 04/26/2021)

ORDER granting 23 Motion for Extension of Time to Respond to Plaintiff's First Request for Production of Documents. Defendant shall have until MAY 6, 2021 to respond to Plaintiffs First Request for Production of Documents. Signed by Magistrate Judge Elizabeth Preston Deavers on April 26, 2021. (jlk) (Entered: 04/26/2021)

REPLY to Response to Motion re 18 MOTION filed by Plaintiff Marlean A. Ames. (Gilbert, Edward) (Entered: 04/28/2021)

REPLY to Response to Motion re 11 MOTION for Judgment on the Pleadings (Partial) filed by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 05/04/2021)

ORDER granting 18 Motion to Amend Complaint Instanter. Defendant Ohio Department of Youth Services Motion for Partial Judgment on the Pleadings, ECF No. 11, and Defendant's Motion for Protective Order Staying Discovery, ECF No. 15, are DENIED AS MOOT with the understanding that Defendant is free to move again. Signed by Magistrate Judge Elizabeth Preston Deavers on May 6, 2021. (jlk) (Entered: 05/06/2021)

AMENDED COMPLAINT against State of Ohio Department of Youth Services, filed by Marlean A. Ames. (jlk) (Entered: 05/21/2021)

ANSWER to 28 Amended Complaint filed by State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 06/04/2021)

NOTICE by Plaintiff Marlean A. Ames Notice of Service of Request for Production (Gilbert, Edward) (Entered: 06/23/2021)

MOTION for Judgment on the Pleadings (Partial) by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibit 1) (Slater, Cathleen) (Entered: 06/23/2021)

1 Exhibit 1

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MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Judgment on the Pleadings (Partial) New date requested 8/13/2021. by Plaintiff Marlean A. Ames. (Gilbert, Edward) (Entered: 06/25/2021)

NOTICE by Plaintiff Marlean A. Ames Notice of Service of First Interrogatories (Gilbert, Edward) (Entered: 06/28/2021)

ORDER issued re 32 Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion for Partial Judgment on the Pleadings. It is ORDERED that the default briefing schedule set forth in Local Civil Rule 7.2(a)(2) shall NOT apply to this Motion. If Defendant Ohio Department of Youth Services wishes to file a Memorandum in Opposition, it shall do so ON OR BEFORE JUNE 30, 2021. No reply memorandum from Plaintiff will be allowed unless ordered by the Court. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/28/21. (sem) (Entered: 06/28/2021)

Set/Reset Deadlines as to 32 Plaintiff's MOTION for Extension of Time to File Response as to 31 MOTION for Judgment on the Pleadings (Partial) New date requested 8/13/2021. . Defendant's Response, if any, due by 6/30/2021. (sem)

Set Motion and R&R Deadlines/Hearings

NOTATION ORDER granting 32 MOTION for Extension of Time to File Memorandum in Opposition to to 31 MOTION for Judgment on the Pleadings (Partial). Memorandum in Opposition due by 8/13/2021. No additional extensions of this deadline will be granted absent extraordinary cause. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/30/2021. (EPD) (Entered: 06/30/2021)

Order on Motion for Extension of Time to File Response/Reply

RESPONSE in Opposition re 31 MOTION for Judgment on the Pleadings (Partial) filed by Plaintiff Marlean A. Ames. (Gilbert, Edward) (Entered: 08/13/2021)

REPLY to Response to Motion re 31 MOTION for Judgment on the Pleadings (Partial) filed by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 08/27/2021)

NOTICE by Plaintiff Marlean A. Ames Notice of Service of Formal Demand (Gilbert, Edward) (Entered: 09/30/2021)

NOTICE: Counsel shall confer and notify the Court at ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in January 2022. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 11/29/2021. (kk2)In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference. (Entered: 11/19/2021)

NOTICE by Plaintiff Marlean A. Ames Notice of Depositions (Gilbert, Edward) (Entered: 12/28/2021)

NOTICE by Plaintiff Marlean A. Ames Notice of Executed Subpoenas (Attachments: # 1 Exhibit Exhibit 1 - Gies Subpoena, # 2 Exhibit Exhibit 2 - Walburn Subpoena) (Gilbert, Edward) (Entered: 01/11/2022)

NOTICE of Appearance by Megan Elizabeth Jewett for Defendant State of Ohio Department of Youth Services (Jewett, Megan) (Entered: 01/14/2022)

NOTICE: Counsel shall confer and notify the Court at ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in March 2022. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 1/31/2022. (kk2)In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference. (Entered: 01/21/2022)

NOTICE by Defendant State of Ohio Department of Youth Services of Withdrawal of Co-Counsel (Slater, Cathleen) (Entered: 01/28/2022)

NOTICE by Plaintiff Marlean A. Ames Notice of Service of Request for Production (Gilbert, Edward) (Entered: 01/28/2022)

NOTICE by Plaintiff Marlean A. Ames Notice of Depositions (Gilbert, Edward) (Entered: 02/09/2022)

NOTICE: Counsel shall confer and notify the Court at ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in April 2022. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 2/28/2022. (kk2)In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference. (Entered: 02/18/2022)

NOTICE by Plaintiff Marlean A. Ames Notice of Depositions (Gilbert, Edward) (Entered: 03/04/2022)

NOTICE: Counsel shall confer and notify the Court at ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in May 2022. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 3/31/2022. (kk2)In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference. (Entered: 03/21/2022)

ORDER granting 31 Motion for Judgment on the Pleadings. Count 4 is DISMISSED WITH PREJUDICE. Counts 2, 3, and 5 as well as Counts 6, 7, and 8 (the state law claims) are DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Algenon L. Marbley on 3/29/2022. (cw) (Entered: 03/29/2022)

NOTICE of Hearing: Status Conference set for 4/7/2022 01:30 PM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 03/31/2022)

NOTICE of Change of Address by Edward Gilbert (Gilbert, Edward) (Entered: 03/31/2022)

NOTICE DESIGNATING MEDIATOR: James D Abrams assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation at the end of May 2022. The mediator will then file a Notice Setting Mediation. (kk2)

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 4/7/2022. Plaintiff will make a demand by 4/11/2022. Parties will participate in mediation at the end of May. (sln) (Entered: 04/07/2022)

Notice Designating Mediator

Status Conference

MOTION for Extension of Time New date requested 6/3/2022. for Dispositive Motion Deadline by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Text of Proposed Order) (Slater, Cathleen) (Entered: 04/12/2022)

Notice of Mediation Conference: Mediator James D. Abrams to conduct mediation in Zoom Conference. Mediation Hearing set for 5/10/2022 at 10:00 AM. (Abrams, James) (Entered: 04/12/2022)

ORDER granting 54 Motion for Extension of Time. The parties shall have until JUNE 3, 2022 to file dispositive motions. Signed by Magistrate Judge Elizabeth Preston Deavers on April 13, 2022. (jlk) (Entered: 04/13/2022)

NOTICE OF FILING DEPOSITION of Ryan Gies, Julie Walburn, Alexander Stojsavljevic, Marlean Ames, Yolanda Frierson, Ginine Trim and Jeffrey Spears by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 05/27/2022)

DEPOSITION of Ryan Gies taken on January 14, 2022 by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibits 1-17, 19-20, 29-31 Part 1, # 2 Exhibits 1-17, 19-20, 29-31 Part 2, # 3 Exhibits 1-17, 19-20, 29-31 Part 3, # 4 Exhibits 1-17, 19-20, 29-31 Part 4) (Slater, Cathleen) (Entered: 05/27/2022)

DEPOSITION of Julie Walburn taken on January 14, 2022 by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibits 7-8, 26, 29-30) (Slater, Cathleen) (Entered: 05/27/2022)

DEPOSITION of Alexander Stojsavljevic taken on January 26, 2022 by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibits 3-4, 8, 10-16, 19-23, 32-36, 38 Part 1, # 2 Exhibits 3-4, 8, 10-16, 19-23, 32-36, 38 Part 2) (Slater, Cathleen) (Entered: 05/27/2022)

DEPOSITION of Marlean Ames taken on February 2, 2022 by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibits 1-17) (Slater, Cathleen) (Entered: 05/27/2022)

DEPOSITION of Yolanda Frierson taken on February 18, 2022 by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibits 39-51) (Slater, Cathleen) (Entered: 05/27/2022)

DEPOSITION of Ginine Trim taken on February 23, 2022 by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibits 52-58) (Slater, Cathleen) (Entered: 05/27/2022)

DEPOSITION of Jeffrey Spears taken on March 7, 2022 by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Exhibits 59-62) (Slater, Cathleen) (Entered: 05/27/2022)

Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket 61 Deposition, filed by State of Ohio Department of Youth Services, and 59 Deposition, filed by State of Ohio Department of Youth Services, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket 59 and 61 as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 6/1/2022. (tla) (Entered: 05/31/2022)

Joint MOTION for Extension of Time to File New date requested 6/10/2022. for Dispositive Motion Deadline and to Set Briefing Schedule by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 06/01/2022)

AMENDED DOCUMENT by Defendant State of Ohio Department of Youth Services. Deposition of Alexander Stojsavljevic. (Attachments: # 1 Exhibits 3-4, 8, 10-16, 19-23, 32-36, 38 Part1, # 2 Exhibits 3-4, 8, 10-16, 19-23, 32-36, 38 Part2) (Slater, Cathleen) (Entered: 06/01/2022)

AMENDED DOCUMENT by Defendant State of Ohio Department of Youth Services. Deposition of Ryan Gies. (Attachments: # 1 Exhibits 1-17, 19-20, 29-31) (Slater, Cathleen) (Entered: 06/01/2022)

ORDER granting 67 Motion for Extension of Time. The parties shall have until JUNE 10, 2022 to file any dispositive motions, until JULY 29, 2022 to file any Memoranda in Opposition, and until AUGUST 26,2022 to file any Reply briefs. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/2/2022. (vb) (Entered: 06/02/2022)

Set/Reset Columbus PPTO Deadlines: Dispositive motions due by 6/10/2022. Responses due by 7/29/2022. Replies due by 8/26/2022. (vb)

Set/Reset Columbus PPTO Deadlines

MOTION for Summary Judgment by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Declaration Robin Gee, # 2 Declaration of Julie Walburn, # 3 Declaration of Ginine Trim, # 4 Declaration of Kelly East, # 5 Declaration of Yolonda Frierson) (Slater, Cathleen) (Entered: 06/10/2022)

RESPONSE in Opposition re 71 MOTION for Summary Judgment filed by Plaintiff Marlean A. Ames. (Gilbert, Edward) (Entered: 07/28/2022)

REPLY to Response to Motion re 71 MOTION for Summary Judgment filed by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 08/25/2022)

ORDER Setting Hearing on Motion 71 MOTION for Summary Judgment: Motion Hearing set for 2/28/2023 10:00 AM in Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 12/7/2022. (cw) (Entered: 12/07/2022)

Unopposed MOTION to Continue Oral Argument Date by Defendant State of Ohio Department of Youth Services. (Slater, Cathleen) (Entered: 12/09/2022)

RESPONSE to Motion re 75 Unopposed MOTION to Continue Oral Argument Date filed by Plaintiff Marlean A. Ames. (Attachments: # 1 Exhibit Exhibit 1 - Email, # 2 Exhibit Exhibit 2 - Email) (Gilbert, Edward) (Entered: 12/12/2022)

ORDER GRANTING 75 Unopposed MOTION to Continue Oral Argument Date. Motion Hearing reset for 2/27/2023 04:00 PM in Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 12/14/2022. (cw) (Entered: 12/14/2022)

Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Oral Argument on Motion for Summary Judgment held on 2/28/2023. (Court Reporter: Shawna Evans) (dms) (Entered: 02/28/2023)

ORDER granting 71 Motion for Summary Judgment. Signed by Chief Judge Algenon L. Marbley on 3/16/2023. (cw) (Entered: 03/16/2023)

CLERK'S JUDGMENT entered pursuant to Opinion and Order. Signed by Chief Judge Algenon L. Marbley on 3/16/2023. (cw) (Entered: 03/16/2023)

NOTICE OF APPEAL (Filing fee has been paid, receipt number AOHSDC-9367599) by Plaintiff Marlean A. Ames. Appeal Record due by 4/17/2023. (Gilbert, Edward) (Entered: 04/13/2023)

TRANSCRIPT REQUEST by Plaintiff Marlean A. Ames for proceedings held on 02/28/2023 before Judge Elizabeth P. Deavers.. (Gilbert, Edward) (Entered: 04/14/2023)

USCA Case Number 23-3341 for 81 Notice of Appeal filed by Marlean A. Ames; case manager Monica M. Page, 513-564-7021. (er) (Entered: 04/20/2023)

Transcript of Oral Agrument Proceedings held on February 28, 2023, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. 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 5/26/2023. Redacted Transcript Deadline set for 6/5/2023. Release of Transcript Restriction set for 8/3/2023. (Evans, Shawna) (Entered: 05/05/2023)

USCA INFORMATION COPY re 81 Notice of Appeal issued in that judgment of the district court is AFFIRMED : Note: Mandate to issue. (sem) (Entered: 12/29/2023)

MANDATE of USCA Pursuant to the court's disposition that was filed 12/04/2023 the mandate for this case hereby issues 12/27/23 as to 81 Notice of Appeal filed by Marlean A. Ames (pb) (Entered: 12/28/2023)

MOTION - BILL OF COSTS /Motion for Taxation of Costs by Defendant State of Ohio Department of Youth Services. (Attachments: # 1 Bill of Costs and Invoices) (Slater, Cathleen) Modified text and event on 1/23/2024 (jlk). (Entered: 01/16/2024)

Petitioner's RESPONSE BRIEF by Marlean A. Ames to 87 Motion in Opposition to Defendant's Motion for Taxation of Costs. (Gilbert, Edward) Modified on 1/23/2024 (jlk). (Entered: 01/19/2024)

ORDER denying 87 Motion for Bill of Costs. Signed by Chief Judge Algenon L. Marbley on 2/13/2024. (cw) (Entered: 02/13/2024)