Easterling v. Cassanos Inc et al

Federal Civil Lawsuit Ohio Southern District Court, Case No. 3:16-cv-00340
District Judge Thomas M Rose, presiding
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District Judge Thomas M Rose
Last Updated July 29, 2025 at 12:52 PM EDT (9.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [4D3144B], Plaintiff
v.
No Logo Brad Williams, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Thomas Dunlevey

Represented by amfdayton.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Amy Christine Mitchell +1 937 223 6003 acm@amfdayton.com
No Logo Cassano's Inc., Defendant

Represented by amfdayton.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Amy Christine Mitchell +1 937 223 6003 acm@amfdayton.com

Represented by Taft Stettinius & Hollister LLP

Name Phone Fax E-Mail
Space Robert Thomas Dunlevey +1 937 641 1743 rdunlevey@taftlaw.com
No Logo Kiella Yarber, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Thomas Dunlevey

Represented by amfdayton.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Amy Christine Mitchell +1 937 223 6003 acm@amfdayton.com
No Logo Ron Moon, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Thomas Dunlevey

Represented by amfdayton.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Amy Christine Mitchell +1 937 223 6003 acm@amfdayton.com
Attributes
Nature of Suit 442 - Civil Rights: Employment
Cause Section 42 U.S.C. § 1981 Job Discrimination (Race)
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Anonymization By SCALES
Timeline
  Entries (39) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank  Filed: 10/16/2018, Entered: 10/16/2018
NOTATION ORDER finding as moot 36 Motion for Recusal as the case is closed. Muhammad v. Option One Mortgage, 2014 WL 4700673 FN2 (S.D. ALA 2014). Signed by Judge Thomas M. Rose on 10-16-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Blank  Filed: 10/16/2018, Entered: 10/16/2018
NOTATION ORDER denying 35 Motion - Motion for Relief from Judgment [Rule 60(b)] by Plaintiff Warren Easterling 35 is DENIED for the reasons stated in ECF 29 . Signed by Judge Thomas M. Rose on 10-16-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Legal Document (Payment Possibly Required) 36 Filed: 10/12/2018, Entered: 10/12/2018
PLAINTIFF'S: MOTION AND AFFIDAVIT FOR RECUSAL (28 U.S.C. 144) by Plaintiff 4D3144B. (Attachments: # 1 Exhibit 5) (srb)
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Legal Document (Payment Possibly Required) 35 Filed: 10/12/2018, Entered: 10/12/2018
PLAINTIFF'S: MOTION FOR RELIEF OF JUDGMENT (RULE 60B4) by Plaintiff 4D3144B. (srb)
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Legal Document (Payment Possibly Required) 34 Filed: 10/3/2017, Entered: 10/3/2017 Court Filing
ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL J. NEWMAN (ECF 29 ), OVERRULING PLAINTIFF'S OBJECTIONS (ECF 32 ), AND DENYING PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT (ECF 26 ): Case remains CLOSED on this Courts docket. Signed by Judge Thomas M. Rose on 10/3/17. (ep)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Legal Document (Payment Possibly Required) 33 Filed: 8/10/2017, Entered: 8/10/2017
Response re 32 Objection to Report and Recommendations by Defendants Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. (Dunlevey, Robert)
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Legal Document (Payment Possibly Required) 32 Filed: 8/8/2017, Entered: 8/8/2017
PLAINTIFF'S: FILING OF OBJECTION to 29 Report and Recommendations by Plaintiff 4D3144B. (srb)
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Legal Document (Payment Possibly Required) 31 Filed: 8/1/2017, Entered: 8/1/2017
CERTIFICATE OF SERVICE RETURNED - The Report and Recommendations re 29 , sent by certified mail to Plaintiff, Warren Easterling,at 71 Arlington Ave., Dayton, OH 45417, was returned on July 31, 2017,article number 7015 0640 0007 2676 0571. (kma)
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Legal Document (Payment Possibly Required) 30 Filed: 7/27/2017, Entered: 7/27/2017
CERTIFICATE of Mailing by Clerk: Certified mail service has been done by the Clerk, U.S. District Court on Thursday, July 27, 2017. A copy of the Report and Recommendation, document 29 , was sent by certified mail to the following locations: Warren Easterling, 71 Arlington Avenue, Dayton, OH 45417, certified number 7015 0640 0007 2676 0571. (kma)
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Legal Document (Payment Possibly Required) 29 Filed: 7/27/2017, Entered: 7/27/2017 Court Filing
REPORT AND RECOMMENDATION THAT PRO SE PLAINTIFFS MOTION FOR RELIEF FROM JUDGMENT (DOC. 26 ) BE DENIED ***** ORDER DIRECTING THE CLERK TO SERVE THIS REPORT AND RECOMMENDATION BY FIRST CLASS UNITED STATES MAIL- Based upon the foregoing, it is RECOMMENDED that Plaintiffs motion (doc. 26 ) be DENIED, and that this case remain TERMINATED on the Courts docket. Objections to R&R due by 8/10/2017. Signed by Magistrate Judge Michael J. Newman on 7/27/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Legal Document (Payment Possibly Required) 28 Filed: 5/26/2017, Entered: 5/26/2017
PLAINTIFF'S: REPLY IN SUPPORT OF THE RULE 608 MOTION REPLY to Response to Motion re 26 MOTION filed by Plaintiff 4D3144B. (pb)
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Legal Document (Payment Possibly Required) 27 Filed: 5/23/2017, Entered: 5/23/2017
RESPONSE in Opposition re 26 MOTION for Relief of Judgment filed by Defendants Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. (Dunlevey, Robert)
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Legal Document (Payment Possibly Required) 26 Filed: 5/9/2017, Entered: 5/9/2017
MOTION FOR RELIEV OF JUDGMENT OR ORDER (Rule 60B) by Plaintiff 4D3144B. (pb)
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Legal Document (Payment Possibly Required) 25 Filed: 5/3/2017, Entered: 5/3/2017
NOTICE of Substitution of Counsel - Robert Thomas Dunlevey substituting for Amy C. Mitchell as to Defendants Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. (Dunlevey, Robert)
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Legal Document (Payment Possibly Required) 24 Filed: 5/1/2017, Entered: 5/1/2017
CLERK'S JUDGMENT. (jmb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Blank  Filed: 5/1/2017, Entered: 5/1/2017
NOTATION ORDER finding as moot 12 Motion to Dismiss for Failure to State a Claim pursuant to Entry and Order 23 filed 5/1/2017. Signed by Judge Thomas M. Rose on 5/1/2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Legal Document (Payment Possibly Required) 23 Filed: 5/1/2017, Entered: 5/1/2017 Court Filing
ENTRY AND ORDER ADOPTING IN PART AND OVERRULING IN PART REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL J. NEWMAN 19 , OVERRULING PLAINTIFF'S OBJECTIONS 20 , GRANTING DEFENDANTS' OBJECTIONS 21 , GRANTING DEFENDANTS' MOTION TO DISMISS 12 AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 5/1/2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Legal Document (Payment Possibly Required) 22 Filed: 2/20/2017, Entered: 2/20/2017
Response re 20 Objection to Report and Recommendations by Defendants Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. (Mitchell, Amy)
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Legal Document (Payment Possibly Required) 21 Filed: 2/15/2017, Entered: 2/15/2017
OBJECTION to 19 Report and Recommendations Defendants' Partial Objections by Defendants Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. (Mitchell, Amy)
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Legal Document (Payment Possibly Required) 20 Filed: 2/6/2017, Entered: 2/6/2017
PLAINTIFF'S OBJECTION to 19 Report and Recommendations by Plaintiff 4D3144B. (srb)
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Legal Document (Payment Possibly Required) 19 Filed: 2/1/2017, Entered: 2/1/2017 Court Filing
REPORT AND RECOMMENDATION1 THAT: (1) DEFENDANTS MOTION TO DISMISS (DOC. 12 ) BE GRANTED AS IT RELATES TO CLAIMS ARISING FROM PRO SE PLAINTIFFS TERMINATION FROM EMPLOYMENT; (2) SAID MOTION BE DENIED WITHOUT PREJUDICE TO REFILE REGARDING PLAINTIFFS FAILURE TO PROMOTE CLAIM; AND (3) PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION BE DENIED AS MOOT****ORDER AND ENTRY STRIKING 16 PLAINTIFFS MOTION FOR JUDGMENT FROM THE COURTS DOCKET( Objections to R&R due by 2/15/2017). Signed by Magistrate Judge Michael J. Newman on 2/1/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Legal Document (Payment Possibly Required) 18 Filed: 1/17/2017, Entered: 1/17/2017
PLAINTIFF'S: MOTION FOR PRELIMINARY INJUNCTION/MOTION FOR HEARING (RULE 65B) by Plaintiff 4D3144B. (srb)
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Legal Document (Payment Possibly Required) 17 Filed: 12/14/2016, Entered: 12/14/2016
RESPONSE in Opposition re 16 MOTION for Judgment on the Pleadings filed by Defendants Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. (Mitchell, Amy)
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Legal Document (Payment Possibly Required) 16 Filed: 11/21/2016, Entered: 11/21/2016
MOTION for Judgment for a judgment requiring the payment of monetary damages by Plaintiff 4D3144B. Responses due by 12/15/2016 (pb)
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Legal Document (Payment Possibly Required) 15 Filed: 10/26/2016, Entered: 10/26/2016
REPLY to Response to Motion re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. (Mitchell, Amy)
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Legal Document (Payment Possibly Required) 14 Filed: 10/12/2016, Entered: 10/12/2016
AFFIDAVIT OF PLAINTIFF by Plaintiff 4D3144B. (srb)
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Legal Document (Payment Possibly Required) 13 Filed: 10/12/2016, Entered: 10/12/2016
PLAINTIFF'S OPPOSITION AND MOTION TO OVERRULE THE DEFENDANT'S MOTION TO DISMISS re 12 filed by Plaintiff 4D3144B. (srb)
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Legal Document (Payment Possibly Required) 12 Filed: 9/28/2016, Entered: 9/28/2016
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. Responses due by 10/24/2016 (Mitchell, Amy)
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Legal Document (Payment Possibly Required) 11 Filed: 9/8/2016, Entered: 9/8/2016
RESPONSE in Opposition re 10 MOTION for Extension of Time to File Answer re 1 Complaint New date requested 9/28/2016. filed by Plaintiff 4D3144B. (pb)
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Blank  Filed: 9/7/2016, Entered: 9/7/2016
NOTATION ORDER granting 10 Motion for Extension of Time to Answer. Defendants have up to and including September 28, 2016 to serve an answer or other response to Plaintiff's Complaint. Signed by Judge Thomas M. Rose on 9-7-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Legal Document (Payment Possibly Required) 10 Filed: 9/6/2016, Entered: 9/6/2016
MOTION for Extension of Time to File Answer re 1 Complaint New date requested 9/28/2016. by Defendants Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. Responses due by 9/30/2016 (Mitchell, Amy)
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Legal Document (Payment Possibly Required) 9 Filed: 8/19/2016, Entered: 8/19/2016
SUMMONS Returned Executed as to Defendant Brad Williams. Brad Williams served on 8/19/2016, answer due 9/9/2016. (kma)
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Legal Document (Payment Possibly Required) 8 Filed: 8/19/2016, Entered: 8/19/2016
SUMMONS Returned Executed as to Defendant Kiella Yarber. Kiella Yarber served on 8/19/2016, answer due 9/9/2016. (kma)
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Legal Document (Payment Possibly Required) 7 Filed: 8/15/2016, Entered: 8/15/2016
CERTIFICATE OF MAILING BY CLERK - Certified mail service has been performed by the Clerk, U.S. District Court on August 15, 2015, A copy of the Complaint, document number 1 , and a copy of the Summons document number 2 , were sent by certified mail to the following locations: Cassanos Inc. Attn: Ron Moon 1700 E. Stroop Road Kettering, Ohio 45417 Article Number 7015 1520 0000 4884 3796; Cassanos Pizza Attn: Brad Williams 6308 W. Third Street Dayton, Ohio 45417 Article Number 7015 1520 0000 4884 0856; Cassanos Pizza Attn: Keith Yarber 6308 W. Third Street Dayton, Ohio 45417 Article Number 7015 1520 0000 3884 3802 Cassanos Inc. 1700 E. Stroop Road Kettering, Ohio 45417 Article Number 7015 1520 0000 48840863 (pb)
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Legal Document (Payment Possibly Required) 6 Filed: 8/12/2016, Entered: 8/15/2016
NOTICE OF FEDERAL QUESTION (RULE 5.1) by Plaintiff Warren Easterling, (pb)
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Legal Document (Payment Possibly Required) 5 Filed: 8/12/2016, Entered: 8/12/2016 Court Filing
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 3:15-cv-32 ARE related. Case reassigned to Judge Thomas M. Rose for all further proceedings. Signed by Judge Walter H. Rice on 8/12/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Legal Document (Payment Possibly Required) 3 Filed: 8/11/2016, Entered: 8/11/2016
Filing fee: $ 400.00, receipt number 300DAY017764 (kma)
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Legal Document (Payment Possibly Required) 2 Filed: 8/11/2016, Entered: 8/11/2016
Summons Issued as to Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber. (kma)
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Legal Document (Payment Possibly Required) 1 Filed: 8/11/2016, Entered: 8/11/2016
COMPLAINT against Cassanos Inc, Ron Moon, Brad Williams, Kiella Yarber, filed by 4D3144B. (Attachments: # 1 Civil Cover Sheet) (kma)
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