Cummings v. Greater Cleveland Regional Transit Authority et al

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]ta.org ATTORNEY TO BE NOTICED
Defendant
Michael York
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represented by Kathleen M. Minahan 1/6
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(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)
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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
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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,
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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
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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)
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