1/30/2015 Northern District of Ohio Cat03,Standard,White U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:14cv01729JG Cummings v. Greater Cleveland Regional Transit Authority et al Assigned to: Judge James S. Gwin Demand: $25,000 Cause: 42:1983 Civil Rights (Employment Discrimination) Date Filed: 08/07/2014 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question Plaintiff Noel Cummings represented by David L. Harvey , III Harvey Abens Iosue 3404 Lorain Avenue Cleveland, OH 44113 2166510256 Fax: 2166511131 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew B. Abens Harvey Abens Iosue 3404 Lorain Avenue Cleveland, OH 44113 2166510256 Fax: 2166511131 Email: [email protected] ATTORNEY TO BE NOTICED V. Defendant Greater Cleveland Regional Transit Authority represented by Kathleen M. Minahan Greater Cleveland Regional Transit Authority 1240 West Sixth Street Cleveland, OH 44113 2165665261 Fax: 2167814250 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Michael York https://ecf.ohnd.uscourts.gov/cgibin/DktRpt.pl?904196182136031L_1_01 represented by Kathleen M. Minahan 1/6 1/30/2015 Northern District of Ohio (See above for address) ATTORNEY TO BE NOTICED Defendant Felicia BrooksWilliams represented by Kathleen M. Minahan (See above for address) ATTORNEY TO BE NOTICED Defendant Bruce Hampton represented by Kathleen M. Minahan (See above for address) ATTORNEY TO BE NOTICED Defendant Joseph Calabrese represented by Kathleen M. Minahan (See above for address) ATTORNEY TO BE NOTICED Date Filed # Docket Text 08/07/2014 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 06476670432. Filed by Noel Cummings. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (Abens, Matthew) (Entered: 08/07/2014) 08/07/2014 Judge James S. Gwin assigned to case. (C,BA) (Entered: 08/07/2014) 08/07/2014 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Greg White. (C,BA) (Entered: 08/07/2014) 08/07/2014 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Felicia BrooksWilliams, Joseph Calabrese, Greater Cleveland Regional Transit Authority, Bruce Hampton & Michael York. (Attachments: # 1 Magistrate Consent Form) (C,BA) (Entered: 08/07/2014) 08/08/2014 3 Request to Clerk for service upon All Defendants by certified mail. filed by Noel Cummings. (Abens, Matthew) (Entered: 08/08/2014) 08/08/2014 Service by Clerk. Summons and Complaint addressed to Felicia BrooksWilliams (Receipt 70140510000094825958), Joseph Calabrese (Receipt 70140510000094825910), Greater Cleveland Regional Transit Authority (Receipt 70140510000094825965), Bruce Hampton (Receipt 70140510000094825934), Michael York (Receipt 70140510000094825941) placed in U.S. Mail. Type of service: certified mail. (B,R) (Entered: 08/08/2014) 08/13/2014 4 Return of Service by Clerk by certified mail executed upon Bruce Hampton on 8/12/2014 (Green card indicates 7/12/2014); Michael York on 8/12/2014, filed on behalf of Noel Cummings. Related document(s) 2 . (M, S) (Entered: 08/13/2014) 08/15/2014 5 Return of Service by Clerk by certified mail executed upon Greater Cleveland Regional Transit Authority on 8/13/2014, filed on behalf of Noel Cummings. Related document(s) 2 . (M, S) (Entered: 08/15/2014) https://ecf.ohnd.uscourts.gov/cgibin/DktRpt.pl?904196182136031L_1_01 2/6 1/30/2015 Northern District of Ohio 09/02/2014 6 Motion for extension of time until 9/26/2014 to Move, Plead or Otherwise Respond to Plaintiff's Complaint filed by Felicia BrooksWilliams, Joseph Calabrese, Greater Cleveland Regional Transit Authority, Bruce Hampton, Michael York. (Minahan, Kathleen) (Entered: 09/02/2014) 09/03/2014 Order [nondocument] entered by Judge James S. Gwin on 9/3/14 granting moving defendants' motion for extension of time until 9/26/14 to file answers to the complaint. (Related Doc. 6 ) (M,G) (Entered: 09/03/2014) 09/05/2014 7 Return of Service by Clerk unexecuted upon Felicia BrooksWilliams, marked "unclaimed". Service attempted by certified mail on 8/12/2014 filed on behalf of Noel Cummings. Related document(s) 2 . (K,K) (Entered: 09/05/2014) 09/11/2014 8 Return of Service by Clerk unexecuted (unclaimed) upon Joseph Calabrese. Service attempted by certified mail on 9/3/14 filed on behalf of Noel Cummings Related document(s) 1 . (C,KA) (Entered: 09/11/2014) 09/26/2014 9 FILING ERROR Motion to dismiss for failure to state a claim filed by Felicia BrooksWilliams, Joseph Calabrese, Greater Cleveland Regional Transit Authority, Bruce Hampton, Michael York. Related document(s) 1 . (Attachments: # 1 Exhibit Complaint (state court), # 2 Exhibit First Amended Complaint (state court) (Minahan, Kathleen) Modified on 9/29/2014. Document not text searchable. Attorney to refile. NEF regenerated (G,CA). (Entered: 09/26/2014) 09/26/2014 10 Answer to 1 Complaint with Jury Demand filed by Felicia BrooksWilliams, Joseph Calabrese, Greater Cleveland Regional Transit Authority, Bruce Hampton, Michael York. (Minahan, Kathleen) Modified text on 9/29/2014 (G,CA). (Entered: 09/26/2014) 09/29/2014 11 Motion to dismiss for failure to state a claim filed by Felicia BrooksWilliams, Joseph Calabrese, Greater Cleveland Regional Transit Authority, Bruce Hampton, Michael York. Related document(s) 1 , 9 . (Attachments: # 1 Complaint (state court), # 2 First Amended Complaint (state court))(Minahan, Kathleen) (Entered: 09/29/2014) 10/02/2014 12 Magistrate Consent Package issued 10/2/14 on behalf of Judge James S. Gwin. (M,G) (Entered: 10/02/2014) 10/02/2014 13 Order of Initial Discovery Protocol signed by Judge James S. Gwin on 10/2/14. (M,G) (Entered: 10/02/2014) 10/02/2014 14 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 10/2/14 setting a conference for 11/14/14 at 10:00 a.m., Chambers 18A (Cleveland). IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (M,G) (Entered: 10/02/2014) 10/15/2014 15 Motion for extension of time until November 24, 2014 to file response/reply to 9 Motion to dismiss for failure to state a claim , 11 Motion to dismiss for failure to state a claim filed by Plaintiff Noel Cummings. Related document(s) 9 , 11 . (Abens, Matthew) (Entered: 10/15/2014) 10/16/2014 Order [nondocument] entered by Judge James S. Gwin on 10/16/14 granting https://ecf.ohnd.uscourts.gov/cgibin/DktRpt.pl?904196182136031L_1_01 3/6 1/30/2015 Northern District of Ohio plaintiff's motion for extension of time until 11/24/14 to respond to pending motions to dismiss. (Related Doc. 15 ) (M,G) (Entered: 10/16/2014) 10/30/2014 11/03/2014 16 Unopposed Motion to attend November 14, 2014 CMC by telephone filed by Defendant Joseph Calabrese. (Minahan, Kathleen) (Entered: 10/30/2014) Order [nondocument] entered by Judge James S. Gwin on 11/3/14 granting the motion of Defendant Calabrese to attend the case management conference via telephone. Counsel will be provided with the Court's contact information. (Related Doc. 16 ) (M,G) (Entered: 11/03/2014) 11/10/2014 17 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Noel Cummings. (Abens, Matthew) (Entered: 11/10/2014) 11/10/2014 18 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Noel Cummings. (Abens, Matthew) (Entered: 11/10/2014) 11/14/2014 19 Minutes of case management conference before Judge James S. Gwin on 11/14/14. (Court Reporter: none; Time: 24 min.) (M,G) (Entered: 11/14/2014) 11/14/2014 20 Order signed by Judge James S. Gwin on 11/14/14 referring this case to Magistrate Judge Greg White for Mediation. The Court requests that the mediation take place the second week of December, 2014. (M,G) (Entered: 11/14/2014) 11/14/2014 21 Case Management Conference Plan/Order signed by Judge James S. Gwin on 11/14/14. Case assigned to the Standard Track. Parties to be joined and pleadings amended by 11/11/14. Preliminary discovery due by 1/26/15. Dispositive motions to be filed by 2/2/15 with responses due 2/16/15 and replies due 2/21/15. All discovery due by 4/20/15. Status conference set for 2/4/15 at 12:00 noon and final pretrial conference set for 4/21/15 at 4:00 p.m., both in Chambers 18A (Cleveland). Jury trial assigned on a twoweek standby basis beginning 4/27/15 at 8:00 a.m., Courtroom 18A (Cleveland). IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (M,G) (Entered: 11/14/2014) 11/14/2014 22 Order signed by Judge James S. Gwin on 11/14/14 that plaintiff identify experts by 12/22/14 and defendants shall make identification by 1/12/15. (M,G) (Entered: 11/14/2014) 11/14/2014 23 Order Setting Mediation Conference with mediation conference to be held on 12/9/2014 at 10:00 AM in Chambers 11B before Magistrate Judge Greg White.. Parties with ultimate settlement authority must be personally present. Counsel shall provide their clients with a copy of this Standing Order and shall discuss with them the points contained herein prior to the mediation conference. Signed by Magistrate Judge Greg White on 11/14/2014. (R,Sh) (Entered: 11/14/2014) 11/14/2014 24 Unopposed Motion to excuse appearance at December 9, 2014 Mediation filed by Felicia BrooksWilliams, Joseph Calabrese, Bruce Hampton, Michael York. (Minahan, Kathleen) (Entered: 11/14/2014) 11/17/2014 IMPORTANT: Notice [nondocument] that due to a conflict on the Court's calendar the status conference set for 2/4/15 is rescheduled to 2/6/15 at 12:00 noon, https://ecf.ohnd.uscourts.gov/cgibin/DktRpt.pl?904196182136031L_1_01 4/6 1/30/2015 Northern District of Ohio Chambers 18A (Cleveland) before Judge James S. Gwin. (Related Doc. 21 ) (M,G) (Entered: 11/17/2014) 11/19/2014 25 Motion for leave to exceed page limitations filed by Plaintiff Noel Cummings. Related document(s) 11 . (Abens, Matthew) (Entered: 11/19/2014) 11/20/2014 26 Waiver of Service Returned Executed by Noel Cummings. Felicia BrooksWilliams waiver sent on 11/18/2014, answer due 1/19/2015; Joseph Calabrese waiver sent on 11/18/2014, answer due 1/19/2015. filed on behalf of Noel Cummings (Abens, Matthew) (Entered: 11/20/2014) 11/22/2014 Order [nondocument] entered by Judge James S. Gwin on 11/22/14 granting, in part, plaintiff's motion to exceed page limitation for response to motion to dismiss. Plaintiff's page limit is set at 22. (Related Doc. 25 ) (M,G) (Entered: 11/22/2014) 11/24/2014 27 Opposition to 11 Motion to dismiss for failure to state a claim filed by Noel Cummings. (Attachments: # 1 Brief in Opposition) (Abens, Matthew). Modified on 11/25/2014 to remove double wording (H,SP). (Entered: 11/24/2014) 12/05/2014 Order [nondocument] granting in part and denying in part Defendants' Motion to excuse individual appearances at the Mediation Conference set for December 9, 2014. Based upon defense counsel's representations, Defendant York and general counsel Sheryl King Benford are expected to personally attend the mediation. (Related Doc # 24 ). Magistrate Judge Greg White on 12/5/2014.(R,Sh) (Entered: 12/05/2014) 12/08/2014 28 Reply in support of 11 Motion to dismiss for failure to state a claim filed by All Defendants. (Minahan, Kathleen) (Entered: 12/08/2014) 12/09/2014 29 Minutes of proceedings before Magistrate Judge Greg White. The Court held an inperson Mediation Conference on 12/9/2014. The parties did not reach a settlement agreement, but indicated they will continue to explore a proposed framework for settlement. (Court Reporter: none.)Time: 2 hours 15 minutes. (R,Sh) (Entered: 12/09/2014) 01/05/2015 30 Unopposed Motion for extension of Identification of Plaintiff's Expert until January 9, 2015 filed by Plaintiff Noel Cummings. (Abens, Matthew) (Entered: 01/05/2015) 01/07/2015 31 Marginal Entry Order signed by Judge James S. Gwin on 1/7/15 granting plaintiff's unopposed motion to extend expert deadlines. Plaintiff shall make identification by 1/9/15, defendants shall make identification by 1/30/15 and the deadline for expert reports will be 2/27/15. (Related Doc. 30 ) (M,G) (Entered: 01/07/2015) 01/07/2015 32 Joint Motion to use evidence obtained in state court case filed by Felicia Brooks Williams, Joseph Calabrese, Greater Cleveland Regional Transit Authority, Bruce Hampton, Michael York. (Minahan, Kathleen) Modified text on 1/8/2015 (S,HR). (Entered: 01/07/2015) 01/12/2015 33 Marginal Entry Order signed by Judge James S. Gwin on 1/12/15 granting the joint motion to use evidence obtained in state court case. (Related Doc. 32 ) (M,G) (Entered: 01/12/2015) 01/27/2015 IMPORTANT: Notice [nondocument] that due to a scheduling conflict on the https://ecf.ohnd.uscourts.gov/cgibin/DktRpt.pl?904196182136031L_1_01 5/6 1/30/2015 Northern District of Ohio Court's calendar the status conference currently set for 2/6/15 is rescheduled to 2/4/15 and will be held at 10:00 a.m., Chambers 18A (Cleveland) before Judge James S. Gwin. (M,G) (Entered: 01/27/2015) 01/27/2015 34 Motion to excuse participation in the February 4, 2015 status conference filed by Defendant Joseph Calabrese. (Minahan, Kathleen) (Entered: 01/27/2015) 01/29/2015 35 Opinion and Order signed by Judge James S. Gwin on 1/29/15. The Court grants the motion to dismiss Counts 5 and 10 as to all defendants; grants in part the motion to dismiss Counts 6 and 7; denies the motion to dismiss as to all other counts. (Related Doc. 11 ) (M,G) (Entered: 01/29/2015) 01/29/2015 36 Marginal Entry Order signed by Judge James S. Gwin on 1/29/15 granting the motion of Defendant Calabrese to be excused from the status conference provided an individual with full settlement authority on defendant's behalf is present for the conference. (Related Doc. 34 ) (M,G) (Entered: 01/29/2015) PACER Service Center Transaction Receipt 01/30/2015 08:43:22 PACER Login: cb9941:4268272:0 Client Code: Description: Docket Report Search Criteria: 1:14cv01729 JG Billable Pages: 5 Cost: 0.50 https://ecf.ohnd.uscourts.gov/cgibin/DktRpt.pl?904196182136031L_1_01 6/6
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