Griffin et al v. Finkbeiner et al

Federal Civil Lawsuit Ohio Northern District Court, Case No. 3:08-cv-01032
District Judge Jack Zouhary, presiding
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District Judge Jack Zouhary
Last Updated September 29, 2016 at 3:55 PM EDT (9.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Dwayne Morehead, Plaintiff
No Logo Gary L. Daugherty, Plaintiff
No Logo Perlean Griffin, Plaintiff

Represented by NAVAL AIR WARFARE CENTER, AIRCRAFT DIV

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Emily J. Lewis +1 614 734 6270 +1 614 734 7270 ejl@elewislaw.com
v.
No Logo Carleton S. Finkbeiner, Defendant

Represented by Borgstahl & Zychowicz Ltd

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Samuel Z. Kaplan +1 419 241 6168 +1 419 241 4215 szkaplan@buckeye-express.com

Represented by City of Toledo

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ellen Michel Grachek +1 419 245 1024 +1 419 245 1090 ellen.grachek@toledo.oh.gov
ATTORNEY TO BE NOTICED Adam W. Loukx +1 419 245 1020 +1 419 245 1090 adam.loukx@toledo.oh.gov

Represented by NAVAL AIR WARFARE CENTER, AIRCRAFT DIV

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Fritz Byers +1 419 241 8013 +1 419 241 4215 fbyers@accesstoledo.com

Represented by Ohio Board of Nursing

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Keith J. Winterhalter +1 419 245 1020 +1 419 245 1090
No Logo City of Toledo, Defendant
Attributes
Citation Unknown
Nature of Suit 442 - Civil Rights: Employment
Timeline
  Entries (84) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 84 Filed: 1/7/2013, Entered: None Court Filing
Marginal Entry Order of Case Dismissal re 83 . Under Federal Rule of Civil Procedure 41 (A)(1)(a), Plaintiff Gary Daugherty voluntarily dismisses this case with prejudice. Judge Jack Zouhary on 1/7/13. (D,L) Modified on 1/8/2013 to edit text (B,TM). (Entered: 01/07/2013)
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Legal Document (Payment Possibly Required) 83 Filed: 1/2/2013, Entered: None
Motion to voluntarily dismiss case with prejudice filed by Plaintiff Gary L. Daugherty. (Lewis, Emily) Modified on 1/3/2013 (B,TM). (Entered: 01/02/2013)
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Legal Document (Payment Possibly Required) 82 Filed: 12/14/2012, Entered: None Court Filing
Transcript of Trial - Volume 4 held on 4/28/10 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [104 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/21/2012. Redaction Request due 1/4/2013. Redacted Transcript Deadline set for 1/14/2013. Release of Transcript Restriction set for 3/14/2013. Related document(s) 78 . (S,Tr) (Entered: 12/14/2012)
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Legal Document (Payment Possibly Required) 81 Filed: 12/14/2012, Entered: None Court Filing
Transcript of Jury Trial, Volume 3, held on April 27, 2010 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [304 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/21/2012. Redaction Request due 1/4/2013. Redacted Transcript Deadline set for 1/14/2013. Release of Transcript Restriction set for 3/14/2013. (N,A) (Entered: 12/14/2012)
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Legal Document (Payment Possibly Required) 80 Filed: 12/14/2012, Entered: None Court Filing
Transcript of Trial - Volume 2 held on 4/26/10 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [153 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/21/2012. Redaction Request due 1/4/2013. Redacted Transcript Deadline set for 1/14/2013. Release of Transcript Restriction set for 3/14/2013. Related document(s) 78 . (S,Tr) (Entered: 12/14/2012)
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Legal Document (Payment Possibly Required) 79 Filed: 12/14/2012, Entered: None Court Filing
Transcript of Jury Trial, Volume 1, held on April 23, 2010 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at 419-260-5259. [162 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/21/2012. Redaction Request due 1/4/2013. Redacted Transcript Deadline set for 1/14/2013. Release of Transcript Restriction set for 3/14/2013. (N,A) (Entered: 12/14/2012)
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Legal Document (Payment Possibly Required) 78 Filed: 11/8/2012, Entered: None Court Filing
Non-Appeal Transcript Order Form for proceedings held on 4/23/10; 4/26/10 - 4/28/10 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 12/7/12 filed by City of Toledo. (Loukx, Adam) (Entered: 11/08/2012)
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Legal Document (Payment Possibly Required) 77 Filed: 11/6/2012, Entered: None Court Filing
Non-Appeal Transcript Order Form for proceedings held on 4/23/10; 4/26/10 - 4/28/10 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 12/6/12 filed by City of Toledo. (Loukx, Adam) (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 76 Filed: 10/1/2012, Entered: None Court Filing
ORDER. Status Phone Conference held on 10/1/12. Settlement Conference set for 10/29/12 at 9:00 AM in Chambers 318 before Magistrate Judge James Knepp. Lead counsel and party attendance required. Ex parte letters due 10/24/12. In the meantime, counsel encouraged to discuss settlement on their own. Counsel shall report in person to Judge Zouhary's Chambers immediately following the Conference to inform the Court if the case has settled or to set dates as needed, including a firm trial date. (15 min) Judge Jack Zouhary on 10/1/12. (S,Na) (Entered: 10/01/2012)
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Legal Document (Payment Possibly Required) 75 Filed: 9/20/2012, Entered: None
True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Court's judgment and remanding for further proceedings re 63 Notice of Appeal (USCA# 10-3659). Date issued as mandate 9/17/12, Costs: None (Related document 74 ) (H,SP) (Entered: 09/20/2012)
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Legal Document (Payment Possibly Required) 74 Filed: 8/20/2012, Entered: None Court Filing
Information copy of opinion from the USCA for the Sixth Circuit: Reversing the grant of summary judgment on Daugherty's race-discrimination claim and reversing the grant of the City's motion in limine. In light of these holdings, we also reverse the district court's grant of judgment as a matter of law to Finkbeiner. We remand for further proceedings consistent with this opinion re 63 Notice of Appeal (USCA #10-3659). Circuit Judges Suhrheinrich, Moore and Clay. Date issued by USCA 8/20/12. This is not a mandate order. (Attachments: # 1 Judgment)(C,KA). Modified text on 8/21/2012 (H,SP). (Entered: 08/20/2012)
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Legal Document (Payment Possibly Required) 73 Filed: 4/27/2012, Entered: None Court Filing
Transcript of Jury Trial, Excerpt, held on April 27, 2010 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [14 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/4/2012. Redaction Request due 5/18/2012. Redacted Transcript Deadline set for 5/28/2012. Release of Transcript Restriction set for 7/26/2012. (N,A) (Entered: 04/27/2012)
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Legal Document (Payment Possibly Required) 72 Filed: 4/26/2012, Entered: None Court Filing
Transcript Request by Gary L. Daugherty for proceedings held on april 27,2008 before Judge Zouhary, re 63 Notice of Appeal. Court Reporter: nixon. Transcript required for appeal. (Lewis, Emily) (Entered: 04/26/2012)
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Legal Document (Payment Possibly Required) 71 Filed: 1/12/2011, Entered: None Court Filing
Transcript of Oral argument held on April 27, 2010 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [24 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/19/2011. Redaction Request due 2/2/2011. Redacted Transcript Deadline set for 2/14/2011. Release of Transcript Restriction set for 4/12/2011. (N,A) (Entered: 01/12/2011)
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Legal Document (Payment Possibly Required) 70 Filed: 12/29/2010, Entered: None Court Filing
Transcript of Motion Hearing held on April 23, 2010 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259 [35 pages]. 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/5/2011. Redaction Request due 1/19/2011. Redacted Transcript Deadline set for 1/31/2011. Release of Transcript Restriction set for 3/29/2011. (N,A) Modified date on 1/13/2011 (H,SP). (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 69 Filed: 12/29/2010, Entered: None Court Filing
Transcript of Testimony of Robert Williams held on April 23, 2010 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [51 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/5/2011. Redaction Request due 1/19/2011. Redacted Transcript Deadline set for 1/31/2011. Release of Transcript Restriction set for 3/29/2011. (N,A) (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 68 Filed: 12/29/2010, Entered: None Court Filing
Transcript of Testimony of David Moebius held on April 23, 2010 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [56 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/5/2011. Redaction Request due 1/19/2011. Redacted Transcript Deadline set for 1/31/2011. Release of Transcript Restriction set for 3/29/2011. (N,A) (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 67 Filed: 12/29/2010, Entered: None Court Filing
Transcript of Testimony of Gary Daugherty held on April 23, 2010 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [116 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/5/2011. Redaction Request due 1/19/2011. Redacted Transcript Deadline set for 1/31/2011. Release of Transcript Restriction set for 3/29/2011. (N,A) (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 66 Filed: 12/15/2010, Entered: None Court Filing
Transcript Request by Gary L. Daugherty for proceedings held on April 22 -28, 2010 before Judge Zouhary, re 63 Notice of Appeal. Court Reporter: Nixon. Transcript required for appeal. (Lewis, Emily) (Entered: 12/15/2010)
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Legal Document (Payment Possibly Required) 65 Filed: 12/1/2010, Entered: None Court Filing
Transcript Request by City of Toledo, Carleton S. Finkbeiner for proceedings held on 4/22/10 and 4/23/10 thru 4/28/10 before Judge Zouhary, re 63 Notice of Appeal. Court Reporter: Angela Nixon. Transcript required for appeal (Grachek, Ellen). Modified text on 12/2/2010 (H,SP). (Entered: 12/01/2010)
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Legal Document (Payment Possibly Required) 64 Filed: 6/2/2010, Entered: None
Acknowledgment from the USCA for Sixth Circuit of receipt of 63 Notice of Appeal (USCA# 10-3659). Date filed in USCA 5/28/10. (H,SP) (Entered: 06/02/2010)
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Legal Document (Payment Possibly Required) 63 Filed: 5/24/2010, Entered: None
NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 61 Judgment of 4/28/10, filed by Gary L. Daugherty. (Filing fee of $455 paid, receipt number 0647-4108928) (Lewis, Emily). Modified text on 5/26/2010 (H,SP). (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 62 Filed: 5/3/2010, Entered: None Court Filing
ORDER re: lunch for jury on 4/23/10 to be paid by the Clerk. Judge Jack Zouhary on 5/3/10. (B,CJ) (Entered: 05/03/2010)
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Legal Document (Payment Possibly Required) 61 Filed: 4/28/2010, Entered: None Court Filing
Judgment Entry in favor of deft City of Toledo against pltf Gary L. Daugherty. Pltf shall recover nothing, the action dismissed on the merits and the deft The City of Toledo shall recover costs from the pltf. Judge Jack Zouhary on 4/28/10. (B,CJ) (Entered: 04/28/2010)
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Legal Document (Payment Possibly Required) 60 Filed: 4/28/2010, Entered: None
Verdict (redacted) in favor of the Defendant. (C,D) (Additional attachment(s) added on 4/28/2010: # 1 Verdict Form unredacted) (C,D). (Entered: 04/28/2010)
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Legal Document (Payment Possibly Required) 59 Filed: 4/28/2010, Entered: None Court Filing
Minutes of proceedings before Judge Jack Zouhary. Plaintiff's final argument. Defendants final argument. Charge to the Jury. Jury deliberations begun at 12:00 p.m. Verdict in favor of Defendant returned at 3:00 p.m.Jury Trial completed on 4/28/2010. Exhibits returned to counsel. (Court Reporter: Tracy Spore.)Time: 5.5. (C,D) (Entered: 04/28/2010)
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Legal Document (Payment Possibly Required) 58 Filed: 4/27/2010, Entered: None Court Filing
Minutes of proceedings before Judge Jack Zouhary. Jury Trial continued. Pltf's resumed case. Witnesses called. Testimony taken. Pltf rest. Deft's case began. Witnesses called. Testimony taken. Deft rest. Pltf presented rebuttal case. Witness called.Testimony taken. Pltf rest. Deft moved for directed verdict as to deft City of Toledo and Carlton Finkbeiner, ind and as mayor. Arguments heard. The Court grants deft's motion as to deft Finkbeiner, dismissing defendant individually and in capacity of Mayor and denies motion as to City of Toledo. Trial recessed until 9:00 a.m. on 4/28/10. (exhibits admitted).(Court Reporter: Angela Nixon.)Time: 8 hrs. (B,CJ) (Entered: 04/27/2010)
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Legal Document (Payment Possibly Required) 57 Filed: 4/26/2010, Entered: None Court Filing
Minutes of proceedings before Judge Jack Zouhary. Jury Trial resumed. Plaintiff's case resumed with Testimony taken of Perlean Griffin, Robert Johnson, Robert Reinbolt, Casey Stephens by deposition. Jury Trial adjourned until 4/27/2010 at 08:30 AM in Courtroom 209 before Judge Jack Zouhary. (Court Reporter: Tracy Spore.) Time: 3 hours. (C,D) (Entered: 04/26/2010)
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Legal Document (Payment Possibly Required) 56 Filed: 4/23/2010, Entered: None Court Filing
Minutes of proceedings before Judge Jack Zouhary.Voir Dire held on 4/23/10. Jury Selection completed. Jury Sworn. Jury Trial held on 4/23/2010. Opening statements given. Testimony taken:Gary Daugherty. Adjourned until 4/26/2010 at 08:30 AM in Courtroom 209 before Judge Jack Zouhary. (Court Reporter: Angela Nixon.)Time: 7. (C,D) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 55 Filed: 4/23/2010, Entered: None Court Filing
ORDER ruling on objections to testimony of Casey Stephens. Judge Jack Zouhary on 4/23/10. (B,CJ) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 54 Filed: 4/23/2010, Entered: None Court Filing
Minutes of proceedings before Judge Jack Zouhary. Parties read into the record a settlement agreement as to pltfs Dwayne Morehead. Accordingly, pltf's motion to enforce settlement (doc #42) is denied as moot. Hearing held on defts' Motion in limine (DOC #44). Motion granted in part & denied in part. (Court Reporter: Angela Nixon.) Time: 120 min. Related document(s) 44 43 . (B,CJ) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 53 Filed: 4/22/2010, Entered: None
Objection to Portions of the Deposition of Casey Stephens filed by All Defendants. (Byers, Fritz) (Entered: 04/22/2010)
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Legal Document (Payment Possibly Required) 52 Filed: 4/22/2010, Entered: None
Reply to response to 44 Motion in limine filed by All Defendants. (Byers, Fritz) (Entered: 04/22/2010)
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Legal Document (Payment Possibly Required) 51 Filed: 4/21/2010, Entered: None
Memorandum Contra Defendants' 44 Motion in Limine filed by Gary L. Daugherty. Related document(s) 44 . (Lewis, Emily) Modified on 4/22/2010 (B,TM). (Entered: 04/21/2010)
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Legal Document (Payment Possibly Required) 50 Filed: 4/20/2010, Entered: None
Proposed Jury Instructions filed by All Defendants. (Byers, Fritz) (Entered: 04/20/2010)
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Legal Document (Payment Possibly Required) 49 Filed: 4/19/2010, Entered: None
Proposed Jury Instructions filed by Gary L. Daugherty. (Lewis, Emily) (Entered: 04/19/2010)
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Legal Document (Payment Possibly Required) 48 Filed: 4/19/2010, Entered: None Court Filing
ORDER Conference held on 4/15/10 re: motions to enforce settlement (doc #41 & 43). Time: 30 min. Parties agreed to continue to work toward resolution. Hearing rescheduled, if necessary, for 4/22/10 at 4:00 p.m. Judge Jack Zouhary on 4/19/10. (B,CJ) (Entered: 04/19/2010)
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Legal Document (Payment Possibly Required) 47 Filed: 4/19/2010, Entered: None Court Filing
ORDER Status Conference held on 4/15/10 Time: 45 min. Pltf's motion to strike exhibit is denied as moot (doc #45); Pltf's motion to strike testimony is denied as moot (doc #46). Deft's motion in limine sets forth 6 different branches. Hearing to be held on 4/22/2010 at 4:00 PM in Courtroom 209 Pltf to brief issue per outline by 4/21/10. (see order per outline). Judge Jack Zouhary on 4/19/10. (B,CJ) (Entered: 04/19/2010)
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Legal Document (Payment Possibly Required) 46 Filed: 4/12/2010, Entered: None
Motion to strike witnesses filed by Plaintiff Gary L. Daugherty. (Lewis, Emily) Modified on 4/14/2010 (page 4 inadvertently blank) (B,TM). (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 45 Filed: 4/12/2010, Entered: None
Motion to strike exhibits 1 and 8 filed by Plaintiff Gary L. Daugherty. (Lewis, Emily) Modified on 4/14/2010 (page 4 inadvertently blank) (B,TM). (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 44 Filed: 4/12/2010, Entered: None
Motion in limine preventing plaintiff from introducing evidence testimony filed by City of Toledo, Carleton S. Finkbeiner. (Byers, Fritz) Modified on 4/14/2010 (B,TM). (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 43 Filed: 4/6/2010, Entered: None
Motion for Order to Enforce Settlement Agreement filed by City of Toledo, Carleton S. Finkbeiner. (Attachments: # 1 Appendix)(Byers, Fritz) (Entered: 04/06/2010)
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Legal Document (Payment Possibly Required) 42 Filed: 3/23/2010, Entered: None Court Filing
ORDER. Hearing on 41 Motion for Enforcement of Settlement Agreement set for 4/15/10 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. Judge Jack Zouhary on 3/23/10. (S,Na) (Entered: 03/23/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 3/22/2010, Entered: None
Motion for enforcement of settlement agreement filed by Plaintiff Dwayne Morehead. (Lewis, Emily) (Entered: 03/22/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 3/15/2010, Entered: None Court Filing
DISMISSALORDER - Pltfs Griffin and Morehead having reach a settlement, the claims of these pltfs only are hereby settled and dismissed w/out prejudice. Each party to bear own costs. Counsel granted 30 days to file subsequent dismissal entries. Pltf's Motion for partial summary judgment is denied as moot. 16 Judge Jack Zouhary on 3/15/10. (B,CJ) (Entered: 03/15/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 3/15/2010, Entered: None Court Filing
ORDER. Status Phone Conference held on 3/12/10. Jury Trial set for 4/27/10 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary confirmed. Joint Proposed Jury Instructions / proposed voir dire questions due 4/20/10. Motions in Limine due 4/12/10; Oppositions due 4/20/10. (15 min) Judge Jack Zouhary on 3/15/10. (S,Na) (Entered: 03/15/2010)
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Legal Document (Payment Possibly Required) 38 Filed: 2/10/2010, Entered: None Court Filing
ORDER. Status Conference held on 2/9/10. Due to inclement weather, February Jury Trial vacated and reset for 4/20/10 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary (Backup Jury Trial set for 4/27/10). Counsel shall advise Court of a convenient date and time to schedule a hearing for rulings on pretrial motions. (45 min) Judge Jack Zouhary on 2/10/10. (S,Na) (Entered: 02/10/2010)
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Legal Document (Payment Possibly Required) 37 Filed: 2/4/2010, Entered: None
Exhibit List (Revised) filed by All Defendants. (Byers, Fritz) (Entered: 02/04/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 2/4/2010, Entered: None Court Filing
Order. Status Conference held on 2/3/10. After discussion, Court found the trial should proceed as scheduled on the claim of Gary Daugherty. Defendant shall submit a numbered list of potential trial exhibits as required by the Trial Order (Doc. No. 14). Plaintiffs' Motion to Strike Lori Smigelski as a witness (Doc. No. 33) is denied; Defendants shall promptly provide a summary of her proposed testimony and identify any exhibits associated with her testimony. Counsel shall report to Court on 2/9/2010 at 11:00 AM to address any further pretrial matters. Judge Jack Zouhary on 2/4/10. Time: 45 min.(G,D) (Entered: 02/04/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 2/3/2010, Entered: None
Response to 33 Motion to strike Trial Exhibits and Witness, Opposition to 33 Motion to strike Trial Exhibits and Witness filed by All Defendants. (Grachek, Ellen) (Entered: 02/03/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 2/2/2010, Entered: None Court Filing
Memorandum Opinion and Order. Defendant's motiion for summary judgment is denied as to Daugherty's retaliation claim, and granted as to Daugherty's discrimination claim. (Related Doc # 17 ). Judge Jack Zouhary on 2/2/10.(G,D) (Entered: 02/02/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 2/2/2010, Entered: None
Motion to strike Trial Exhibits and Witness filed by Plaintiff Gary L. Daugherty. (Attachments: # 1 Exhibit Defendant's initial witness list, # 2 Exhibit counsel email confirming no exhibit list)(Lewis, Emily) (Entered: 02/02/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 2/2/2010, Entered: None
Witness List and Exhibit List filed by Gary L. Daugherty. (Lewis, Emily) (Entered: 02/02/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 2/1/2010, Entered: None
Witness List and Exhibit List filed by All Defendants. (Grachek, Ellen) (Entered: 02/01/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 1/19/2010, Entered: None
Attorney Appearance by Ellen M. Grachek filed by on behalf of All Defendants. (Grachek, Ellen) (Entered: 01/19/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 12/7/2009, Entered: None
Reply to response to 17 Motion for summary judgment filed by All Defendants. (Byers, Fritz) (Entered: 12/07/2009)
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Legal Document (Payment Possibly Required) 28 Filed: 11/23/2009, Entered: None
Opposition to 17 Motion for summary judgment filed by Gary L. Daugherty, Perlean Griffin, Dwayne Morehead. (Attachments: # 1 Affidavit Griffin, # 2 Affidavit Daugherty, # 3 Affidavit Morehead, # 4 Exhibit Griffin Affidavit, # 5 Exhibit Daugherty Affidavit, # 6 Exhibit Morehead Affidavit, # 7 Exhibit Gabriel Deposition, # 8 Exhibit Johnson Deposition, # 9 Exhibit Mazur Deposition, # 10 Exhibit Moebius Deposition, # 11 Exhibit Stephens Deposition, # 12 Exhibit Williams Deposition, # 13 Exhibit Reinbolt Deposition)(Lewis, Emily) (Entered: 11/23/2009)
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Legal Document (Payment Possibly Required) 27 Filed: 11/13/2009, Entered: None
Response to 16 Motion for partial summary judgment filed by City of Toledo, Carleton S. Finkbeiner. (Byers, Fritz) (Entered: 11/13/2009)
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Legal Document (Payment Possibly Required) 26 Filed: 11/10/2009, Entered: None Court Filing
Marginal Entry Order granting 25 Motion for Extension; Brief limited to 40 pages. Judge Jack Zouhary on 11/10/09.(B,CJ) (Entered: 11/10/2009)
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Legal Document (Payment Possibly Required) 25 Filed: 11/9/2009, Entered: None
Motion for extension of Memorandum Contra Defendant's Motion for summary Judgment and request for extension of page limitation until November 23, 2009 filed by Gary L. Daugherty, Perlean Griffin, Dwayne Morehead. (Lewis, Emily) (Entered: 11/09/2009)
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Legal Document (Payment Possibly Required) 24 Filed: 10/20/2009, Entered: None
Affidavit of Calvin Brown filed by City of Toledo, Carleton S. Finkbeiner. Related document(s) 18 . (Byers, Fritz) Modified on 10/20/2009 (C,D). (Entered: 10/20/2009)
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Legal Document (Payment Possibly Required) 23 Filed: 10/19/2009, Entered: None
Deposition of Carleton S. Finkbeiner taken on September 22, 2008 filed by City of Toledo, Carleton S. Finkbeiner. (Byers, Fritz) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 22 Filed: 10/19/2009, Entered: None
Deposition of Gary Daugherty taken on September 5, 2008 filed by City of Toledo, Carleton S. Finkbeiner. (Byers, Fritz) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 21 Filed: 10/19/2009, Entered: None
Deposition of Perlean Griffin taken on October 10, 2008 filed by City of Toledo, Carleton S. Finkbeiner. (Byers, Fritz) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 20 Filed: 10/19/2009, Entered: None
Deposition of Perlean Griffin taken on September 18, 2009 filed by City of Toledo, Carleton S. Finkbeiner. (Byers, Fritz) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 19 Filed: 10/19/2009, Entered: None
Deposition of Perlean Griffin taken on September 9, 2008 filed by City of Toledo, Carleton S. Finkbeiner. (Byers, Fritz) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 18 Filed: 10/19/2009, Entered: None
Memorandum in Support of Motion for Partial Summary Judgment 17 filed by City of Toledo, Carleton S. Finkbeiner. (Attachments: # 1 Affidavit of John Sherburne, # 2 Affidavit of Robert Reinbolt, # 3 Affidavit Theresa M. Gabriel)(Byers, Fritz) Modified on 10/20/2009 (C,D). Modified on 10/20/2009 (C,D). (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 17 Filed: 10/19/2009, Entered: None
Motion for summary judgment filed by City of Toledo, Carleton S. Finkbeiner. (Byers, Fritz) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 16 Filed: 10/19/2009, Entered: None
Motion for partial summary judgment filed by Plaintiff Dwayne Morehead. (Attachments: # 1 Brief in Support, # 2 Affidavit Morehead, # 3 Exhibit Morehead affidavit and signature, # 4 Exhibit Gabriel dep excerpt, # 5 Exhibit Hunter v Valley View, # 6 Exhibit Madigan dep excerpt)(Lewis, Emily) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 15 Filed: 9/21/2009, Entered: None Court Filing
ORDER. At joint request of counsel, following dates are amended: dispositive motions due by 10/19/09; opposition due by 11/13/09; reply due by 11/23/09. Existing final pretrial and trial dates confirmed. Judge Jack Zouhary on 9/21/09. (S,Na) (Entered: 09/21/2009)
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Legal Document (Payment Possibly Required) 14 Filed: 2/20/2009, Entered: None Court Filing
TRIAL ORDER. Jury Trial set for 2/8/10 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary. Agreed stipulations of fact, trial briefs and motions in limine due two weeks before trial. Judge Jack Zouhary on 2/20/09. (S,Na) (Entered: 02/20/2009)
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Legal Document (Payment Possibly Required) 13 Filed: 2/20/2009, Entered: None Court Filing
ORDER. Status Conference held on 2/20/09. Following dates set with agreement of counsel: Dispositive Motions due by 10/2/09; opposition due by 10/23/09; reply due by 11/2/09. Final Pretrial set for 1/8/10 at 9:00 AM; lead counsel and party attendance required; ex parte letters due 3 days before conference. Jury Trial set for 2/8/10 at 9:00 AM (2 weeks) in Courtroom 209 before Judge Jack Zouhary. (1 hr 30 min) Judge Jack Zouhary on 2/20/09. (S,Na) (Entered: 02/20/2009)
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Legal Document (Payment Possibly Required) 12 Filed: 11/21/2008, Entered: None Court Filing
ORDER. Status Phone Conference held on 11/21/08. Dispositive motion date of 2/20/09 is vacated. In its place, Settlement Conference set for 2/20/09 at 12:30 PM in Chambers 203 before Judge Jack Zouhary. Lead counsel and party attendance required. Ex parte letters due 3 days before Conference. If case does not settle, Court will schedule trial date at that time. (15 min). Judge Jack Zouhary on 11/21/08. (S,Na) (Entered: 11/21/2008)
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Legal Document (Payment Possibly Required) 11 Filed: 6/27/2008, Entered: None Court Filing
CASE MANAGEMENT CONFERENCE ORDER. CMC held on 6/26/08 Case is assigned to the standard track. Rule 26(a) disclosures due by 7/18/08. Discovery due by 1/30/09. Parties to be Joined and Pleading Amendments due by 9/15/08. Dispositive Motions due by 2/20/09. Telephone Status Hearing set for 11/21/08 at 1:30 PM. (30 min) Judge Jack Zouhary on 6/27/08. (S,Na) (Entered: 06/27/2008)
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Legal Document (Payment Possibly Required) 10 Filed: 6/23/2008, Entered: None
Preliminary Estimate/Budget of Amount of Fees and Expenses filed by all plaintiffs. (Lewis, Emily) (Entered: 06/23/2008)
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Legal Document (Payment Possibly Required) 9 Filed: 6/19/2008, Entered: None
Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by all parties. (Lewis, Emily) (Entered: 06/19/2008)
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Legal Document (Payment Possibly Required) 8 Filed: 6/11/2008, Entered: None Court Filing
NOTICE. Case Management Conference set for 6/25/08 vacated and reset on 6/26/08 at 1:00 PM at Chambers 203 before Judge Jack Zouhary. (S,Na) (Entered: 06/11/2008)
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Legal Document (Payment Possibly Required) 7 Filed: 6/2/2008, Entered: None
Defendants' Answer to 1 Complaint, with Jury Demand filed by Carleton S. Finkbeiner, City of Toledo. (Byers, Fritz) (Entered: 06/02/2008)
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Legal Document (Payment Possibly Required) 6 Filed: 5/14/2008, Entered: None Court Filing
Case Management Conference Scheduling Notice - case management conference to be held on 6/25/2008 at 9:30 AM at Chambers 203 before Judge Jack Zouhary. (Recommended Track: Standard) (B,CJ) (Entered: 05/14/2008)
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Legal Document (Payment Possibly Required) 5 Filed: 5/14/2008, Entered: None Court Filing
Marginal Entry Order granting 4 Motion for Extension of Time to Answer Carleton S. Finkbeiner answer due 6/2/2008; City of Toledo answer due 6/2/2008. Signed by Judge Jack Zouhary on 5/14/08.(B,CJ) (Entered: 05/14/2008)
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Legal Document (Payment Possibly Required) 4 Filed: 5/9/2008, Entered: None
Motion for extension of time until June 2, 2008 to answer Plaintiff's Complaint filed by Carleton S. Finkbeiner, City of Toledo. (Winterhalter, Keith) (Entered: 05/09/2008)
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Legal Document (Payment Possibly Required) 3 Filed: 4/29/2008, Entered: None
Return of Service Executed upon City of Toledo by certified mail on 4/23/08 filed on behalf of all plaintiffs (A,P) (Entered: 04/29/2008)
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Legal Document (Payment Possibly Required) 2 Filed: 4/29/2008, Entered: None
Return of Service Executed upon Carleton Finkbeiner by certified mail on 4/23/08 filed on behalf of all plaintiffs (A,P) (Entered: 04/29/2008)
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Legal Document (Payment Possibly Required) 1 Filed: 4/22/2008, Entered: None
Complaint with jury demand against Carleton S. Finkbeiner and the City of Toledo. Filing fee paid of $350.00, receipt number 34660002743, filed by Perlean Griffin, Gary L. Daugherty and Dwayne Morehead (2 summonses issued by Clerk). (Attachments: # 1 Civil Cover Sheet) (B,TM). (Additional attachment(s) added on 4/28/2008: # 2 Summonses) (M,C). (Entered: 04/23/2008)
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