1
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Complaint against County of Mahoning, Ohio, A Local Government Entity, Dave Ludt, Edward J. Reese, Vicki Allen Sherlock, Randall A. Wellington (5 summons and Magistrate Consent Forms issued). Filed by Joshua Baird, Maurice Barnes, Rodney Gray, Mike Hamad, James Joseph Mancini, Nathaniel Roberts, Leland Scott, Kevin Whitacker. Filing fee paid; receipt number 514597. (Attachments: # 1 Civil Cover Sheet)(P, A) (Entered: 11/17/2003)
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Nov. 14, 2003
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Nov. 14, 2003
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2
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Random Assignment of Magistrate Judge George J. Limbert (P, A) (Entered: 11/17/2003)
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Nov. 14, 2003
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Nov. 14, 2003
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3
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Notice of Placement of case in the CM/ECF Docketing System (P, A) (Entered: 11/17/2003)
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Nov. 14, 2003
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Nov. 14, 2003
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4
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Notice of Magistrate Consent form (M, D) (Entered: 11/24/2003)
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Nov. 24, 2003
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Nov. 24, 2003
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5
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Case Management Conference Scheduling Order placing case in electronic case filing system with case management conference to be held on 12/16/2003 at 02:30 PM at Chambers 402. Signed by Judge David D. Dowd Jr. on 11/24/2003. (Attachments: # 1 E−Mail Notification# 2 Discovery Plan# 3 Rule 30.1# 4 Manual# 5 Map)(M, D) (Entered: 11/24/2003)
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Nov. 24, 2003
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Nov. 24, 2003
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6
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Return of Service Executed upon Vicki Allen Sherlock, Edward J. Reese, Dave Ludt, Mahoning County, Ohio and Randall A. Wellington by certified mail on 11/17/03, filed by all plaintiffs Related document(s) 1 . (P, G) (Entered: 12/01/2003)
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Dec. 1, 2003
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Dec. 1, 2003
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7
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Answer to Complaint (Related Doc # 1 ) filed by County of Mahoning, Ohio, A Local Government Entity, Dave Ludt, Edward J. Reese, Vicki Allen Sherlock, Randall A. Wellington. (Michaels, Thomas) (Entered: 12/08/2003)
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Dec. 8, 2003
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Dec. 8, 2003
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8
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Certification of Service of Initial Disclosures on 12/2/03, filed by all plaintiffs. (P, G) (Entered: 12/09/2003)
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Dec. 8, 2003
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Dec. 8, 2003
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9
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Notice of Service of Initial Disclosures filed by all defendants. (Michaels, Thomas) (Entered: 12/12/2003)
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Dec. 12, 2003
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Dec. 12, 2003
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10
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Report of Parties' Planning Meeting/Discovery Plan, filed by all parties. (P, G) (Entered: 12/12/2003)
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Dec. 12, 2003
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Dec. 12, 2003
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11
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Minutes of proceedings. Case Management Conference held on 12/16/2003 before Judge David D. Dowd Jr. Time: 1 hour. (M, D) (Entered: 12/17/2003)
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Dec. 17, 2003
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Dec. 17, 2003
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12
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Order that by January 12, 2004, the Sheriff of Mahoning County is directed to provide plaintiffs' counsel with (1) a statement of staffing requirements for the jail; and (2) a statistical breakdown of actual daily staffing and daily inmate populations over the last six months. Thereafter, counsel shall use the remainder of January 2004 to attempt to draft a consent decree for the Court'ssignature. Plaintiffs shall file their motion for class certification by January 31, 2004; in the alternative, the parties can submit for the Court's signature a stipulated order of class certification. Discovery is stayed until 1/31/2004. If a consent decree has not been drafted, discovery will open and the Court will issue a Case Management Plan setting more specific dates. Signed by Judge David D. Dowd Jr. on 12/17/2003. (M, D) Modified Text on 12/18/2003 (M, D). Modified on 12/19/2003 (S, T). (Entered: 12/18/2003)
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Dec. 18, 2003
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Dec. 18, 2003
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13
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Attorney Appearance of Additional Counsel by Daniel T. Downey and Mark Landes filed by on behalf of all defendants. (Downey, Daniel) (Entered: 01/29/2004)
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Jan. 29, 2004
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Jan. 29, 2004
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14
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Attorney Appearance of Additional Counsel by Mark D. Landes and Daniel T. Downey filed by on behalf of all defendants. (Landes, Mark)(Duplicate filing see document # 13 )(P, G). (Entered: 01/29/2004)
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Jan. 29, 2004
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Jan. 29, 2004
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15
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Motion for class certification filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit E) Exhibit D complete document on file in the Clerk's Office consisting of 16 pages, not able to scan.(P, G) (Entered: 01/30/2004)
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Jan. 30, 2004
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Jan. 30, 2004
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17
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Response to Motion for class certification with memorandum in support, filed by all defendants. Related document(s) 15 . (Landes, Mark) Modified text on 2/10/2004 (P, G). (Entered: 02/09/2004)
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Feb. 9, 2004
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Feb. 9, 2004
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18
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Order scheduling a telephone status conference for 3:15 p.m. on Thursday, 2/12/2004 to briefly discuss 15 Motion for class certification filed by the plaintiffs and 17 Response filed by the defendants; the Court will place the call. Signed by Judge David D. Dowd Jr. on 2/11/2004. (D, S) (Entered: 02/11/2004)
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Feb. 11, 2004
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Feb. 11, 2004
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19
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Minutes of proceedings. Status Conference before Judge David D. Dowd Jr. on 2/12/2004. Time: 1 hour. (M, D) (Entered: 02/13/2004)
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Feb. 13, 2004
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Feb. 13, 2004
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20
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Order that the Court directs counsel for the plaintiffs to submit a proposed order by no later than February 20, 2004. This should be delivered directly to the Court's chambers and not filed electronically. Defendants shall have until February 27, 2004 to file any response to the proposal and should be delivered to the Court's chambers and served on plaintiff's counsel simultaneously. Signed by Judge David D. Dowd Jr. on 2/13/2004. (M, D) (Entered: 02/17/2004)
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Feb. 17, 2004
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Feb. 17, 2004
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21
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Notice to take Deposition of Plaintiffs Nathaniel Roberts, James Joseph Mancini, Joshua Baird, Kevin Whitacker and Mike Hamad on February 27, 2004 filed by all defendants. (Downey, Daniel) (Entered: 02/24/2004)
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Feb. 24, 2004
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Feb. 24, 2004
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22
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Response to Motion for class certification filed by all defendants. Related document(s) 15 , 20 ). (Landes, Mark) Modified on 3/1/2004 to create link (P, G). (Entered: 02/27/2004)
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Feb. 27, 2004
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Feb. 27, 2004
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23
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Notice to take Deposition of Plaintiffs Leland Scott, Joshua Baird, Maurice Barnes, Rodney Gray, and Mike Hamad on March 9, 2004 filed by all defendants. (Downey, Daniel) (Entered: 03/04/2004)
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March 4, 2004
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March 4, 2004
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24
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Order granting motion for class certification (Related Doc # 15 ) and certifying a class as defined in the order; further, defining the claims of the class, appointing counsel to represent the class, and requiring notice to the class (SEE ORDER FOR SPECIFICS). Signed by Judge David D. Dowd Jr. on 3/5/2004. (Attachments: # 1 Notice to Inmates)(D, S) (Entered: 03/05/2004)
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March 5, 2004
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March 5, 2004
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25
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Notice of Service of first set of interrogatories and first request for production of documents upon defendants, filed by all plaintiffs. (M, J) (Entered: 03/25/2004)
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March 25, 2004
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March 25, 2004
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26
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Notice of Service of Discovery Responses to plaintiffs' First Set of Interrogatories and First Request for Production of Documents on 4/28/2004 filed by County of Mahoning, Ohio, A Local Government Entity, Dave Ludt, Edward J. Reese, Vicki Allen Sherlock, Randall A. Wellington. (Downey, Daniel) Modified text on 4/29/2004 (S, T). (Entered: 04/28/2004)
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April 28, 2004
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April 28, 2004
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27
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Order directing parties to identify their expert(s) to opposing counsel by no later than June 18, 2004. Expert reports shall be exchanged by no later than July 9, 2004. Depositions of experts shall commence and shall be completed by August 31, 2004. By September 3, 2004, each side shall declare in writing to the Court, copied to opposing counsel, whether they intend to file for summary judgment and, if so, what time frame they would suggest for motions practice. Signed by Judge David D. Dowd Jr. on 5/11/2004. (M, D) (Entered: 05/11/2004)
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May 11, 2004
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May 11, 2004
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Minutes of proceedings(non−document). Status Conference held on 5/11/2004 before Judge David D. Dowd Jr. Time: 60 Minutes (Court Reporter none) (M, D) (Entered: 05/11/2004)
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May 11, 2004
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May 11, 2004
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28
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Notice of hours counsel have expended on this case through 5/31/2004, filed by all plaintiffs. (M, J) (Entered: 06/01/2004)
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June 1, 2004
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June 1, 2004
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30
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Motion to determine qualifications of expert and notice filed by all plaintiffs. (Attachments: #(1)Resume)(S, T) (Entered: 06/18/2004)
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June 18, 2004
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June 18, 2004
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31
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Order denying plaintiffs' Motion for an order qualifying their proposed expert, finding that such an order would be an advisory opinion outside the court's gatekeeping function (Related Doc # 30 ). Signed by Judge David D. Dowd Jr. on 6/21/04.(D, S) (Entered: 06/21/2004)
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June 21, 2004
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June 21, 2004
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32
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Motion for extension of time until 9/7/2004 to submit expert report of Lois A. Ventura, filed by all plaintiffs. (Attachments: # 1 Brief in Support)(M, J) (Entered: 06/21/2004)
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June 21, 2004
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June 21, 2004
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33
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Order granting plaintiff's Motion for extension of time (Related Doc # 32 ), with the understanding that this means there will be no chance that the case will get to trial this year; expert reports are now due on 9/7/04; expert depositions shall be completed by 10/29/04; the Court will conduct a status conference at 12:30 p.m. on 12/7/04 to decide how to proceed with the case. Signed by Judge David D. Dowd Jr. on 6/22/04.(D, S) Modified on 6/23/2004 to correct signature date (D, S). (Entered: 06/23/2004)
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June 23, 2004
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June 23, 2004
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34
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Motion for sanctions and Motion for discovery, filed by all plaintiffs. (Attachments: # 1 Brief in Support)(M, J) (Entered: 08/02/2004)
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Aug. 2, 2004
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Aug. 2, 2004
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35
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Order in re Electronic Filing requesting Plaintiff's counsel to file documents electronically rather than on paper. Signed by Judge David D. Dowd Jr. on 8/3/2004. (Attachments: # 1 Manual)(M, D) (Entered: 08/03/2004)
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Aug. 3, 2004
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Aug. 3, 2004
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36
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Order directing Defendants to respond no later than 12:00 noon on 8/16/2004 re 34 Plaintiffs' Motion for sanctions. Status Conference set for 8/19/2004 at 12:30 p.m. in Chambers 402 before Hon. David D. Dowd Jr. Counsel to attend as well as Marshal Peter Elliott or his designee. Copy of order issued to U.S. Marshal. Signed by Judge David D. Dowd Jr. on 8/3/2004. (M, D) (Entered: 08/03/2004)
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Aug. 3, 2004
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Aug. 3, 2004
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37
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Opposition to Motion for Sanctions and For Discovery filed by all defendants. Related document(s) 34 . (Attachments: # 1 Valentine Sugars, Inc. v. Sudan)(Downey, Daniel) Modified on 8/18/2004 (R, Ci). (Entered: 08/16/2004)
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Aug. 16, 2004
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Aug. 16, 2004
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38
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Motion for protective order filed by all defendants. (Attachments: # 1 Exhibit Affidavit of Daniel T. Downey# 2 Exhibit Affidavit of Scott O. Sheets# 3 Valentine Sugars, Inc. v. Sudan)(Downey, Daniel) (Entered: 08/16/2004)
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Aug. 16, 2004
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Aug. 16, 2004
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39
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Order granting plaintiffs' Motion for an unimpeded inspection of the relevant facilities with their expert witness (Related Doc # 34 ), denying Motion for sanctions but with leave to renew the motion if the inspection does not proceed as will later be ordered (Related Doc # 34 ); granting in part and denying in part defendants' Motion for protective order (Related Doc # 38 ); further, directing the parties to file by 8/27/04 a jointly−proposed order outlining the protocol for the plaintiffs' jail inspection; and setting 9/10/04 and 11/19/04 as deadlines for plaintiffs to identify witnesses and 10/1/04 as the deadline for the exchange of expert reports; see order for additional deadlines and specifics. Signed by Judge David D. Dowd Jr. on 8/19/04.(D, S) (Entered: 08/19/2004)
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Aug. 19, 2004
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Aug. 19, 2004
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40
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Trial Order scheduling Bench Trial on a standby basis for the two−week period beginning 12/13/2004 at 08:30 AM in Courtroom 442 before Hon. David D. Dowd Jr. Final Joint Fact Stipulation due 12/6/04. Trial will be on the clock with each side having 600 minutes to put on its case; see order for specifics. Signed by Judge David D. Dowd Jr. on 8/19/04. (D, S) (Entered: 08/19/2004)
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Aug. 19, 2004
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Aug. 19, 2004
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Minutes of proceedings(non−document). Status Conference held on 8/19/2004 before Judge David D. Dowd Jr. Time: 30 Minutes. (Court Reporter none) (M, D) (Entered: 08/19/2004)
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Aug. 19, 2004
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Aug. 19, 2004
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41
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Proposed Agreed Entry re plaintiffs' experts tour of jail filed by all defendants. Related document(s) 39 . (Downey, Daniel) Modified on 8/25/2004 (R, Ci). (Entered: 08/23/2004)
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Aug. 23, 2004
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Aug. 23, 2004
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43
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Order directing plaintiffs to file by 9/3/2004, a written notice as to the date and time agreed upon by counsel and by the U.S. Marshal for the jail inspection. Signed by Judge David D. Dowd Jr. on 8/24/2004. (M, D) (Entered: 08/24/2004)
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Aug. 24, 2004
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Aug. 24, 2004
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44
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FILING ERROR (formatting pdf documents.) Document to be re−filed. Notice of Filing Hours filed by all plaintiffs. (Attachments: # 1 Pleading # 2 Pleading) (Kelley, Thomas) Modified text on 9/1/2004 (P, S). (Entered: 09/01/2004)
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Sept. 1, 2004
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Sept. 1, 2004
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45
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Notice of Filing Hours filed by all plaintiffs. (Attachments: # 1 Hours worksheet) (Kelley, Thomas) (Entered: 09/01/2004)
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Sept. 1, 2004
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Sept. 1, 2004
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46
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Notice: upon agreement of the all parties, jail inspection to occur on 9/3/04 filed by all plaintiffs. (Kelley, Thomas) Modified on 9/3/2004 (R, Ci). (Entered: 09/02/2004)
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Sept. 2, 2004
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Sept. 2, 2004
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47
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Notice that list of witnesses have been provided to defendants filed by all plaintiffs. (Kelley, Thomas) Modified on 9/13/2004 (N, D). (Entered: 09/10/2004)
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Sept. 10, 2004
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Sept. 10, 2004
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48
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Notice of Service of Expert Report filed by all defendants. (Downey, Daniel) (Entered: 10/01/2004)
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Oct. 1, 2004
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Oct. 1, 2004
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49
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Notice of Service of Discovery Responses filed by all defendants. (Downey, Daniel) (Entered: 10/19/2004)
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Oct. 19, 2004
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Oct. 19, 2004
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50
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Notice to take Deposition of Lois Ventura, Ph.D. on October 26, 2004 filed by all defendants. (Downey, Daniel) (Entered: 10/25/2004)
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Oct. 25, 2004
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Oct. 25, 2004
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51
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Motion for conference/hearing filed by all plaintiffs. (Kelley, Thomas) (Entered: 11/10/2004)
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Nov. 10, 2004
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Nov. 10, 2004
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52
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Order granting Motion for conference (Related Doc # 51 ). Status Conference set for 11/23/2004 at 2:30 p.m. in Chambers 402 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 11/15/2004.(M, D) (Entered: 11/15/2004)
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Nov. 15, 2004
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Nov. 15, 2004
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53
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Letter dated 11/15/2004 to Peter J. Elliott from Judge Dowd in re status conference set for 11/23/2004. (M, D) (Entered: 11/15/2004)
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Nov. 15, 2004
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Nov. 15, 2004
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54
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Motion to continue trial scheduled 12/13/04 filed by all defendants. Related document(s) 51 . (Downey, Daniel) Modified on 11/24/2004 to edit text (B, T). (Entered: 11/19/2004)
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Nov. 19, 2004
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Nov. 19, 2004
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55
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Order denying defendants' Motion to continue trial(Related Doc # 54 ). Signed by Judge David D. Dowd Jr. on 11/23/2004.(M, D) (Entered: 11/23/2004)
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Nov. 23, 2004
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Nov. 23, 2004
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Minutes of proceedings (non−document). Status Conference held on 11/23/2004 before Judge David D. Dowd Jr. Time: 1 hour. (Court Reporter Rich Delmonico) (M, D) (Entered: 11/23/2004)
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Nov. 23, 2004
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Nov. 23, 2004
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56
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Order canceling status conference previously set for 12/7/2004 (Related Doc # 33 ). Signed by Judge David D. Dowd Jr. on 12/1/2004. (D, S) (Entered: 12/01/2004)
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Dec. 1, 2004
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Dec. 1, 2004
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57
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Motion for writ of habeas corpus ad testifcandum as to Joshua Baird filed by all plaintiffs. (Kelley, Thomas) Modified on 12/3/2004 (R, Ci). (Entered: 12/02/2004)
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Dec. 2, 2004
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Dec. 2, 2004
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58
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Motion for writ of habeas corpus ad testifcandum as to class members Brian Baxter, Michelle Burton and Jeffery Hammond filed by all plaintiffs. (Kelley, Thomas) Modified on 12/3/2004 (R, Ci). (Entered: 12/02/2004)
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Dec. 2, 2004
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Dec. 2, 2004
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59
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Notice of hours expended thus far on case filed by all plaintiffs. (Attachments: # 1) (Kelley, Thomas) Modified on 12/3/2004 (R, Ci). (Entered: 12/02/2004)
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Dec. 2, 2004
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Dec. 2, 2004
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60
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Trial Brief filed by all plaintiffs. (Kelley, Thomas) (document unsigned, filer notified) Modified on 12/8/2004 (R, Ci). (Entered: 12/06/2004)
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Dec. 6, 2004
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Dec. 6, 2004
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61
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Motion for of Defendants to Exclude Lois A. Ventura as an Expert Witness filed by County of Mahoning, Ohio, A Local Government Entity. (Downey, Daniel) Modified on 3/10/2005 to term the motion (D, S). (Entered: 12/06/2004)
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Dec. 6, 2004
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Dec. 6, 2004
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63
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Notice of Filing Deposition Transcripts of Dr. Lois A. Ventura PhD filed by County of Mahoning, Ohio, A Local Government Entity. (Downey, Daniel) Modified on 12/8/2004 (R, Ci). (Entered: 12/06/2004)
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Dec. 6, 2004
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Dec. 6, 2004
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64
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Writ of Testificandum of Joshua Baird in custody at Madison Correctional Institution to testify on 12/14/2004 at trial before Judge Dowd. (M, D) Original and 3 certified copies mailed to Madison Correctional Institution and Copy to U.S. Marshal on 12/7/2004. Modified text on 12/7/2004 (M, D). (Entered: 12/07/2004)
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Dec. 7, 2004
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Dec. 7, 2004
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65
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Writ of Testificandum of Brian Baxter in custody at Mahoning County Jail to testify on 12/14/2004 at trial before Judge Dowd. (M, D) Original and 3 certified copies mailed to Mahoning County Jail and Copy to U.S. Marshal on 12/7/2004. Modified text on 12/7/2004 (M, D). (Entered: 12/07/2004)
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Dec. 7, 2004
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Dec. 7, 2004
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66
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Writ of Testificandum of Michelle Brown in custody at Mahoning County Jail to testify on 12/14/2004 at trial before Judge Dowd. (M,D) Original and 3 certified copies mailed to Mahoning County Jail and Copy to U.S. Marshal on 12/7/2004. Modified text on 12/7/2004 (M, D). Modified on 12/8/2004 to indicate document filed in error−(see correct document #68)(M, D). (Entered: 12/07/2004)
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Dec. 7, 2004
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Dec. 7, 2004
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67
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Writ of Testificandum of Jeffrey Hammond in custody at Mahoning County Jail to testify on 12/14/2004 at trial before Judge Dowd. Original and 3 certified copies mailed to Mahoning County Jail and Copy to U.S. Marshal on 12/7/2004. (M, D) (Entered: 12/07/2004)
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Dec. 7, 2004
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Dec. 7, 2004
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Order (non−document) granting Defendants' Motion for writ of habeas corpus ad testificandum as to Joshua Baird(Related Doc # 57 ), and granting Defendants' Motion for writ of habeas corpus ad testificandum as to Brian Baxter, Michelle Burton and Jeffery Hammond(Related Doc # 58 ). Entered on behalf of Judge David D. Dowd Jr. on 12/7/2004.(M, D) (Entered: 12/07/2004)
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Dec. 7, 2004
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Dec. 7, 2004
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68
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Writ of Testificandum of Michelle Burton in custody at Mahoning County Jail to testify on 12/14/2004 at trial before Judge Dowd. Original and 3 certified copies mailed to Mahoning County Jail and Copy to U.S. Marshal on 12/8/2004. (M, D) (Entered: 12/08/2004)
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Dec. 8, 2004
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Dec. 8, 2004
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69
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Proposed Findings of Fact and Conclusions of Law filed by all plaintiffs. (Attachments: # 1 Staffing Summary by Post/Assignment)(D, S) (Entered: 12/10/2004)
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Dec. 10, 2004
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Dec. 10, 2004
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70
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Statement of Contested Issues filed by all plaintiffs. (D, S) (Entered: 12/10/2004)
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Dec. 10, 2004
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Dec. 10, 2004
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71
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Notice of Filing Deposition Transcripts filed by County of Mahoning, Ohio, A Local Government Entity, Dave Ludt, Edward J. Reese, Vicki Allen Sherlock, Randall A. Wellington. (Attachments: # 1 Deposition of Kevin Whittaker# 2 Whittaker Deposition (continued)# 3 Deposition of Joshua Baird# 4 Baird Deposition (continued)# 5 Deposition of Leland Scott# 6 Scott Deposition (continued)# 7 Deposition of James Mancini# 8 Mancini Depo (continued)# 9 Mancini Depo (continued)# 10 Deposition of Dorothy Guzzy# 11 Deposition of Robert Knight# 12 Deposition of Michelle Burton# 13 Deposition of Patricia Patterson# 14 Patterson Depo (continued)# 15 Patterson Depo (continued)# 16 Deposition of Brian D. Baxter# 17 Baxter Depo (continued)# 18 Deposition of Jeffrey Hammond# 19 Deposition of Pamela Miles# 20 Deposition of James Johnson, Jr.# 21 Deposition of Lois Ventura, Ph.D.# 22 Ventura Depo (Continued)# 23 Ventura Depo (Continued)# 24 Ventura Depo (Continued)# 25 Ventura Depo (Continued)) (Downey, Daniel) (Entered: 12/10/2004)
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Dec. 10, 2004
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Dec. 10, 2004
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72
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Proposed Findings of Fact and Conclusions of Law filed by all defendants. (Attachments: # 1 Unreported Case)(Downey, Daniel) (Entered: 12/10/2004)
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Dec. 10, 2004
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Dec. 10, 2004
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73
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Proposed Stipulation of the Parties filed by all parties. (Downey, Daniel) (Entered: 12/10/2004)
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Dec. 10, 2004
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Dec. 10, 2004
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74
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Writ of Testificandum Returned Un−executed as to Michelle Brown. Related document(s) 66 . (S, T) (Entered: 12/14/2004)
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Dec. 10, 2004
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Dec. 10, 2004
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75
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Order designating trial time used and remaining. Signed by Judge David D. Dowd Jr. on 12/14/2004. (D, S) (Entered: 12/14/2004)
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Dec. 14, 2004
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Dec. 14, 2004
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Minutes of proceedings(non−document). Bench Trial before Judge David D. Dowd Jr. held on 12/14/2004 and continued to 12/15/2004 at 8:45 a.m. Time: 5.0 Hours (Court Reporter Sue Trischan) (M, D) (Entered: 12/14/2004)
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Dec. 14, 2004
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Dec. 14, 2004
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77
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Order (second) designating trial time used and remaining. Signed by Judge David D. Dowd Jr. on 12/15/2004. (D, S) (Entered: 12/15/2004)
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Dec. 15, 2004
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Dec. 15, 2004
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79
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Exhibit List of plaintiffs exhibits admitted at trial. (M, D) Modified filing date on 12/16/2004 (M, D). (Entered: 12/16/2004)
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Dec. 15, 2004
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Dec. 15, 2004
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80
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Exhibit List of defendants exhibits admitted at trial. (M, D) (Entered: 12/16/2004)
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Dec. 15, 2004
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Dec. 15, 2004
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Minutes of proceedings(non−document). Bench Trial completed on 12/15/2004 before Judge David D. Dowd Jr. Time: 7.0 Hours. (Court Reporter Sue Trischan) (M, D) (Entered: 12/15/2004)
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Dec. 15, 2004
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Dec. 15, 2004
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78
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Order directing counsel for the defendants to submit by January 7, 2005 a current report on the status of funding for the Sheriff's Department. The Court will delay any post−trial briefing until after that report is received and considered. Signed by Judge David D. Dowd Jr. on 12/15/2004. (M, D) (Entered: 12/16/2004)
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Dec. 16, 2004
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Dec. 16, 2004
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81
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Status Report Regarding Funding of the Mahoning County Sheriff's Department for 2005 filed by all defendants. (Attachments: # 1 Exhibit Exhibit A)Related document(s) 78 . (Downey, Daniel) (Entered: 01/07/2005)
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Jan. 7, 2005
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Jan. 7, 2005
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82
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Response to defendants filing regarding funding filed by all plaintiffs. Related document(s) 81 . (Kelley, Thomas) Modified on 1/12/2005 (G, D). (Entered: 01/11/2005)
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Jan. 11, 2005
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Jan. 11, 2005
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83
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Order that the financial status reports 81 , 82 leave unclear whether there will be increased funding for the jail; unless the parties can submit a consent decree by 1/31/05, they shall file post−trial briefs by 2/14/05 (see order for details as to the briefs). Signed by Judge David D. Dowd Jr. on 1/14/05. (D, S) (Entered: 01/14/2005)
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Jan. 14, 2005
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Jan. 14, 2005
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84
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Request for instructions filed by all plaintiffs. (Kelley, Thomas) Modified on 1/27/2005 (R, Ci). (Entered: 01/26/2005)
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Jan. 26, 2005
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Jan. 26, 2005
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85
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Order re 84 Request for Instructions filed by plaintiff class counsel, that the court reporter is directed to forthwith file a transcript of the bench trial conducted in December 2004 and to supply a copy of the transcript to counsel for both sides; the court will decide who will pay the cost of these transcripts after the case concludes. Signed by Judge David D. Dowd Jr. on 1/27/05. (D, S) (Entered: 01/27/2005)
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Jan. 27, 2005
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Jan. 27, 2005
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86
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Request for extension of time to 2/21/05 to file post trial briefs filed by all plaintiffs. (Kelley, Thomas) Modified on 2/4/2005 (R, Ci). (Entered: 02/03/2005)
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Feb. 3, 2005
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Feb. 3, 2005
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Order (non−document) re 86 request for extension filed by plaintiffs, granting until 2/21/05 to file post−trial briefs. Entered on behalf of Judge David D. Dowd Jr. on 2/4/05. (D, S) (Entered: 02/04/2005)
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Feb. 4, 2005
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Feb. 4, 2005
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87
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Transcript of Trial Proceedings held on 12/13/04 before Judge David D. Dowd, Jr. filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan K. Trischan at 440−570−6950. Complete document on file, 289 pages. (Volume 1) (L, T) (Entered: 02/10/2005)
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Feb. 10, 2005
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Feb. 10, 2005
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88
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Transcript of Trial Proceedings held on 12/14/04 before Judge David D. Dowd, Jr. filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan K. Trischan at 440−570−6950. Complete document on file, 235 pages. (Volume 2) (L, T) (Entered: 02/11/2005)
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Feb. 11, 2005
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Feb. 11, 2005
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89
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Transcript of Trial Proceedings held on 12/15/04 before Judge David D. Dowd, Jr. filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan Trischan at 440−570−6950. Complete document on file, 260 pages. (Volume 3)
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Feb. 11, 2005
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Feb. 11, 2005
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91
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Post Trial Brief filed by all plaintiffs. (Kelley, Thomas) Modified text on 2/24/2005 (G, D). (Entered: 02/22/2005)
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Feb. 22, 2005
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Feb. 22, 2005
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92
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Revised Status Report Regarding Funding of the Mahoning County Sheriff's Department for 2005 filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Downey, Daniel) Modified on 3/3/2005 (R, Ci). (Entered: 03/02/2005)
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March 2, 2005
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March 2, 2005
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93
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Memorandum, Opinion and Order, including Findings of Fact and Conclusions of Law, finding in favor of the plaintiff class and against the defendants and declaring that the plaintiff class members are being denied their constitutional rights as set forth fully in the opinion; further, entitling the plaintiff class to recover attorney fees and costs from the defendants; finally, pursuant to 18 USC 3626(a), finding the remedial phase sufficiently complex to warrant appointment of a special master and directing each side, through counsel, to submit by 4:00 pm on 3/21/05 that side's list of not more than 5 persons to serve as special master (see opinion for more detail); time for filing for removal of names pursuant to 18 USC 3626(f)(2)(B) shall expire by 4:00 pm on 3/28/05. Signed by Judge David D. Dowd Jr. on 3/10/05. (D, S) (Entered: 03/10/2005)
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March 10, 2005
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March 10, 2005
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94
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Notice filing of plaintiffs attorney hours and expenses filed by all plaintiffs. (Attachments: # 1 # 2 # 3 # 4 # 5) (Kelley, Thomas) (Entered: 03/18/2005)
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March 18, 2005
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March 18, 2005
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95
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Motion for an injunction filed by all plaintiffs. Related document(s) 93 . (Attachments: # 1 Affidavit)(P, G) (Entered: 03/21/2005)
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March 21, 2005
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March 21, 2005
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96
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Joint Motion for extension of time until March 24, 2005 to Submit a list of special masters filed by all defendants. (Downey, Daniel) (Entered: 03/21/2005)
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March 21, 2005
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March 21, 2005
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97
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Marginal Order granting 96 motion for extension of time to 3/24/05 to submit list of special masters. Signed by Judge David D. Dowd Jr. on 3/22/05.(D, S) Modified on 3/24/2005 (R, Ci). (Entered: 03/22/2005)
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March 22, 2005
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March 22, 2005
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98
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Order re 95 plaintiffs' Motion for injunction, directing plaintiffs to file a brief by 12:00 noon on 3/23/05 wherein they identify case law or statutes that supply the court with the authority to take the requested action, and directing defendants to file a response by 4:00 p.m. on 3/23/05. Signed by Judge David D. Dowd Jr. on 3/22/05. (D, S) (Entered: 03/22/2005)
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March 22, 2005
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March 22, 2005
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99
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Brief in support of Motion for injunction filed by all plaintiffs. Related document(s) 95 98 . (Kelley, Thomas) Modified on 3/25/2005 (R, Ci). (Entered: 03/23/2005)
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March 23, 2005
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March 23, 2005
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