Dawson v. Periandri

Ohio Northern District Court
Judge:	Dan Aaron Polster
Case #:	1:16-cv-01381
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1343 Violation of Civil Rights

Case Filed:	Jun 07, 2016
Terminated:	Jun 06, 2017

Docket
Parties (3)

Last checked: Sunday Dec 04, 2016 4:44 AM EST

*** SELECTION REQUIRED Cuyahoga County Prosecutors Office	Represented By Brian R. Gutkoski Office Of The Prosecuting Attorney - Cuyahoga County contact info
Defendant Detective Jon Periandri	Represented By Elizabeth M. Williamson City Of Cleveland contact info
Plaintiff Joevon Dawson	Represented By Marcus S. Sidoti Jordan & Sidoti contact info

Docket last updated: 05/09/2025 11:59 PM EDT

Tuesday, June 06, 2017
38		38 order Order Dismissing Case Tue 06/06 5:16 PM Stipulation and Order of Case Dismissal. This case is settled and dismissed with prejudice, each party to pay its own costs. The Court retains jurisdiction to ensure that the settlement agreement is executed. Signed by Judge Dan Aaron Polster on 6/6/2017. (R,Sh) Related: [-]
		minutes Settlement Conference Tue 06/06 5:13 PM Minutes of proceedings [non-document] before Judge Dan Aaron Polster.Settlement Conference held on 6/6/2017 at which time a settlement was reached. Settlement Order shall issue. (Court Reporter: none.)Time: 4 hrs 30 mins. (R,Sh) Related: [-]
Wednesday, May 31, 2017
37		37 notice Attorney Appearance Wed 05/31 5:49 PM Attorney Appearance by Elena N. Lougovskaia filed by on behalf of Jon Periandri. (Lougovskaia, Elena) Related: [-]
Thursday, May 18, 2017
36		36 minutes Telephone Conference Fri 05/19 10:56 AM Teleconference Minutes Telephone Conference held on 5/18/2017. Counsel asked the Court to reschedule the June 6, 2017, Settlement Conference, which the Court declined to do due to the challenges regarding arranging Dawson's video conference attendance from Richland Correctional Institution. The Court ordered that Periandri shall be deposed in a manner consistent with the Court's instructions and rulings described herein. Counsel shall exchange and submit to chambers concise position letters no later than 12:00 noon on June 5, 2017 . It is further ordered that Defendant's verbal motion for a protective order is denied. (Court Reporter: n/a.) Time: 23 minutes. Signed by Judge Dan Aaron Polster on 5/18/2017. (K,K) Related: [-]
Tuesday, May 16, 2017
35		35 oth_ans Response/Reply/Sur-Reply Tue 05/16 12:33 PM Response to Defendant's Notice of Discovery Dispute and Certification of Good Faith Effort to Resolve Dispute filed by Joevon Dawson. Related document(s)33 . (Sidoti, Marcus) Modified text on 5/18/2017 (G,CA) Related: [-]
Thursday, May 11, 2017
34		34 notice Notice of Deposition Thu 05/11 11:44 AM Notice to take Deposition of Lee Goldman on June 1, 2017 filed by Jon Periandri. (Crook, Elizabeth) Related: [-]
Wednesday, May 10, 2017
		order Order Wed 05/10 8:41 AM Order [non-document] Plaintiff is ordered to file a response to Defendant's33 Notice of Discovery Dispute no later than 12:00 p.m. on Tuesday, May 16, 2017 . A Telephone Conference is set for 5/18/2017 at 11:00 AM Judge Dan Aaron Polster. Entered on behalf of Judge Dan Aaron Polster on 5/10/2017. (K,K) Related: [-]
Tuesday, May 09, 2017
33		33 notice Notice Tue 05/09 11:59 AM Notice of Discovery Dispute and Certification of Good Faith Effort to Resolve filed by Jon Periandri.(Crook, Elizabeth) Related: [-]
		Att: 1 Exhibit Dawson Transcript
Wednesday, April 12, 2017
32		32 order Order on Motion to compel discovery Wed 04/12 9:22 AM Marginal Entry Order Joint Motion to compel discovery by Deposition of Plaintiff through Richland Correctional Institute Related [+]. Warden Marquis is directed to make inmate Joevon Dawson available as requested on April 19, 2017, to meet with his counsel and for deposition. Signed by Judge Dan Aaron Polster on 4/12/2017.(K,K) Related: [-] 31
Tuesday, April 11, 2017
31		31 motion Compel Discovery Tue 04/11 4:23 PM Joint Motion to compel discovery by Deposition of Plaintiff through Richland Correctional Institute filed by Defendant Jon Periandri. (Crook, Elizabeth) Related: [-]
Thursday, April 06, 2017
30		30 notice Attorney Appearance Thu 04/06 2:06 PM Attorney Appearance by John P. Bacevice filed by on behalf of Jon Periandri. (Bacevice, John) Related: [-]
Wednesday, April 05, 2017
29		29 notice Notice of Deposition Wed 04/05 4:24 PM Notice to take Deposition of Joevon Dawson on April 19, 2017 filed by Jon Periandri. (Crook, Elizabeth) Related: [-]
Thursday, March 30, 2017
28		28 notice Attorney Appearance Thu 03/30 11:19 PM Attorney Appearance by Sarah J. Gelsomino filed by on behalf of Joevon Dawson. (Gelsomino, Sarah) Related: [-]
Thursday, March 02, 2017
		order Order on Motion to extend deadlines Thu 03/02 10:07 AM Order [non-document] granting27 Motion for extension of discovery response until March 17, 2017. Approved by Judge Dan Aaron Polster on 3/2/2017.(K,K) Related: [-]
Wednesday, March 01, 2017
27		27 motion Extension (of deadlines) Wed 03/01 5:03 PM Motion for extension of discovery response until March 17, 2017 filed by Plaintiff Joevon Dawson. (Sidoti, Marcus) Related: [-]
Thursday, February 16, 2017
26		26 minutes Settlement Conference ~Util - Set Scheduling Order Deadlines Thu 02/16 10:55 AM Minutes of Conference and Scheduling Order The Court held a settlement conference on February 14, 2017. The conference did not result in a settlement. Accordingly, the Court directed the parties to proceed with the discussed depositions, and directed Plaintiff's counsel to respond to Defendant's written discovery requests no later than the close of business on Friday, March 3, 2017 . Following this round of discovery, a settlement conference will be held in chambers beginning at 9:00 a.m. on Tuesday, June 6, 2017. To that end, counsel shall exchange and submit to chambers concise position letters no later than 4:00 p.m. on Wednesday, May 31, 2017 . The Court also directs the Clerk of Court to contact the Warden at the Richland Correctional Institution to facilitate the June 6, 2017 videoconference and directs the Warden to ensure that Plaintiff Dawson is present during the entirety of that conference . Signed by Judge Dan Aaron Polster on 2/16/2017. (Court Reporter: n/a.) Time: 3 hours. (K,K) Related: [-]
Monday, January 30, 2017
25		25 notice Stipulation Mon 01/30 11:49 AM Proposed Stipulation filed by Jon Periandri.(Crook, Elizabeth) Related: [-]
		Att: 1 Exhibit EXHIBIT A EMAIL,
		Att: 2 Exhibit EXHIBIT B SEARCH WARRANT
Wednesday, January 25, 2017
24		24 minutes ~Util - Terminate Motions ~Util - Set Hearings Minute Order _ Telephone Conference Wed 01/25 4:21 PM Minute Order of Telephone Conference held on 1/25/2017 Time: 30 minutes, Court Reporter: Heidi Geizer. Having resolved the Motion for reconsideration and in camera review , the Court denies the motion as moot. A Settlement Conference is set for 2/14/2017 at 01:30 PM in Chambers 18B before Judge Dan Aaron Polster. Defendant Jon Periandri shall attend the settlement conference in person, Plaintiff Joevon Dawson shall appear by videoconference. The Clerk is directed to contact the Warden at Richland Correctional Institution to facilitate the videoconference. Deadline for the joint status report of today, 1/25/2017 at 4:00 p.m. and the 2/1/2017 telephone conference are cancelled.Signed by Judge Dan Aaron Polster on 1/25/2017. (R,Sh) Related: [-]
23		23 notice Status Report Wed 01/25 3:41 PM Joint Status Report filed by Jon Periandri. (Crook, Elizabeth) Related: [-]
Tuesday, January 24, 2017
22		22 resp Sur-Reply Tue 01/24 9:43 AM Sur-Reply to Defendant's Reply Brief in Support of 16 Motion for reconsideration and in camera review filed by Joevon Dawson.(Sidoti, Marcus) Related: [-]
		Att: 1 Exhibit Cuyahoga County Docket
Monday, January 23, 2017
		order Order Mon 01/23 11:26 AM Order [non-document]. The Court directs Plaintiff's counsel to file a Surreply addressing the cases cited in the Reply brief no later than 12:00 NOON, tomorrow, Tuesday, January 24, 2017 . re21 Defendant's Reply Brief. Judge Dan Aaron Polster on 1/23/2017. (R,Sh) Related: [-]
Friday, January 20, 2017
21		21 resp Reply Fri 01/20 12:02 PM Reply in support of16 Motion for reconsideration and in camera review filed by Jon Periandri. (Crook, Elizabeth) Related: [-]
		minutes ~Util - Set Hearings Order Fri 01/20 4:36 PM Order [non-document]. Based on the Court's review of the briefs related to Defendant's Motion for Reconsideration and In Camera Interview (Doc. nos.16 ,18 ,21 ), The Court is scheduling a call-in Telephone Conference beginning at 1:00 p.m. on Wednesday, January 25, 2017 before Judge Dan Aaron Polster. The Court will email call-in instructions to counsel. Judge Dan Aaron Polster on 1/20/2017. (R,Sh) Related: [-]
Thursday, January 19, 2017
20		20 notice Notice Thu 01/19 4:34 PM Non-Party City of Cleveland's Notice of Compliance With Remainder of Court's January 11, 2017 Court Order filed by City of Cleveland. Related document(s)19 .(Menzalora, William) Related: [-]
19		19 notice Notice Thu 01/19 3:25 PM Non-Party City of Cleveland's Notice of Partial Response to the Court's January 11, 2017 Court Order filed by City of Cleveland. Related document(s)16 ,18 ,.(Menzalora, William) Related: [-]
18		18 resp Opposition Thu 01/19 12:27 PM Opposition to16 Motion for reconsideration and in camera review filed by Joevon Dawson.(Sidoti, Marcus) Related: [-]
		Att: 1 Exhibit IA warrant and affidavit,
		Att: 2 Exhibit email
Wednesday, January 18, 2017
17		17 notice Notice Wed 01/18 10:00 AM Statement of Non-Party Witness Bureau of Criminal Investigation filed by Cuyahoga County Prosecutors Office.(Stickan, Christian) Related: [-]
		Att: 1 Affidavit
		order Order Wed 01/18 12:59 PM Order [non-document] that Plaintiff shall file a response to Defendant's15 Motion for reconsideration and in camera review by NOON on Friday, January 20,2017. Judge Dan Aaron Polster on 1/18/2017. (R,Sh) Related: [-]
Tuesday, January 17, 2017
16		16 motion Reconsideration Tue 01/17 5:14 PM Motion for reconsideration and in camera review filed by Defendant Jon Periandri. (Crook, Elizabeth) Related: [-]
15		15 motion Reconsideration Tue 01/17 5:08 PM Motion for reconsideration and in camera review filed by Defendant Jon Periandri. (Crook, Elizabeth) Related: [-]
		utility Set Deadlines and Hearings Tue 01/17 10:14 AM Telephone Conference set for 2/1/2017 at 12:30 PM before Judge Dan Aaron Polster. (G,CA) Related: [-]
Wednesday, January 11, 2017
		minutes Telephone Conference Wed 01/11 4:11 PM Minutes of proceedings [non-document] Scheduled teleconference held on 1/11/2017, attended by Attorneys Marcus Sidoti (Plaintiff), Elizabeth Crook and William Menzalora (Cleveland), Greg Trout (BCI), Marlene Ridenour (East Cleveland), and Brian Gutkowski (Cuyahoga County). The Court directed that the following documents be produced to Plaintiff's counsel: medical records related to Defendant's substance abuse (following Plaintiff's amended subpoena), the discussed affidavit and search warrant and the 11-page document. The Court also directed that, no later than 4:00 p.m. on Friday, January 20, 2017 , East Cleveland shall produce statements from the nine officers who witnessed the shooting or an explanation as to why they were not disciplined for refusing to give their statements. If they were not interviewed, East Cleveland shall provide an explanation as to why they were not interviewed. The Court reminds counsel that the deadline for filing a joint status report is 4:00 p.m. on January 25, 2017 , and the Court expects the Plaintiff and Defendant to attend the teleconference beginning at 12:30 p.m. on Wednesday February 1, 2017 . (Court Reporter: George Staiduhar.) Time: 20 minutes. (K,K) Related: [-]
Wednesday, January 04, 2017
		oth_evt Notice of Hearing or Conference Wed 01/04 2:38 PM IMPORTANT: Notice [non-document] Telephone Conference reset for 1/5/2017 at 10:00 AM before Judge Dan Aaron Polster. (K,K) Related: [-]
		oth_evt Notice of Hearing or Conference Wed 01/04 3:36 PM IMPORTANT: Notice [non-document] Telephone Conference set for 1/11/2017 at 02:00 PM before Judge Dan Aaron Polster. Call-in instructions remain the same. (K,K) Related: [-]
Wednesday, December 28, 2016
		order Order on Motion for conference Wed 12/28 2:18 PM Order [non-document] granting Joint Motion for conference/hearing Related [+]. Telephone Conference set for 1/5/2017 at 03:00 PM before Judge Dan Aaron Polster. The parties are directed to submit, no later than 12:00 p.m. on 1/4/2017, a short joint letter detailing discovery issues. Entered on behalf of Judge Dan Aaron Polster on 12/28/2016.(K,K) Related: [-] 14
Tuesday, December 27, 2016
14		14 motion Conference/Hearing Tue 12/27 11:40 AM Joint Motion for conference/hearing filed by Plaintiff Joevon Dawson. (Sidoti, Marcus) Related: [-]
Monday, November 28, 2016
13		13 minutes ~Util - Terminate Motions Minute Order _ Telephone Conference Mon 11/28 4:50 PM Minutes of Teleconference and Order of Telephone Conference held on 11/28/2016. As a result of discussions, the Court denied the11 to Quash Plaintiff's Subpoena and for Protective Order and directed the Prosecutor to turn over, in no more than two weeks, (1) everything it received from BCI pertaining to Dawson's shooting, and (2) all text messages between Jon Periandri and Alfonso Camillo Yunis that are in the state court criminal case against Yunis, Cuyahoga County Common Pleas Case No. CR-15-600568. ( Time: 15 minutes). Entered on behalf of Judge Dan Aaron Polster on 11/28/2016. (K,K) Related: [-]
Tuesday, November 22, 2016
12		12 resp Opposition Tue 11/22 4:01 PM Opposition to11 Motion of non-party, Prosecutor Timothy J. McGinty, to quash plaintiff's subpoena Motion for protective order filed by Joevon Dawson.(Sidoti, Marcus) Related: [-]
		Att: 1 Exhibit Case File Release Form to CCPO
Monday, November 14, 2016
		order Order Mon 11/14 1:39 PM Order (non-document) Plaintiff is directed to file a response to Defendant's11 Motion of non-party, Prosecutor Timothy J. McGinty, to quash plaintiff's subpoena Motion for protective order no later than 4:00 p.m. on Wednesday, 11/16/2016 . A Telephone Conference is set for 11/17/2016 at 11:00 AM before Judge Dan Aaron Polster. Call-in instructions to be provided separately. Entered on behalf of Judge Dan Aaron Polster on 11/14/2016. (K,K) Related: [-]
		order Order Mon 11/14 4:06 PM Amended Order (non-document) Plaintiff is directed to file a response to Defendant's11 Motion of non-party, Prosecutor Timothy J. McGinty, to quash plaintiff's subpoena and Motion for protective order no later than 4:00 p.m. on Tuesday, 11/22/2016 . Telephone Conference is reset for 11/28/2016 at 03:00 PM before Judge Dan Aaron Polster. Entered on behalf of Judge Dan Aaron Polster on 11/14/2016. (K,K) Modified text, notice regenerated 11/14/2016 (K,K) Related: [-]
Thursday, November 10, 2016
11		11 motion Quash Thu 11/10 5:34 PM Motion to quash Plaintiff's subpoena and Motion for Protective Order filed by *** SELECTION REQUIRED Cuyahoga County Prosecutors Office.(Gutkoski, Brian) Related: [-]
		Att: 1 Exhibit Subpoena to CCPO,
		Att: 2 Exhibit Subpoena to CCPO
Wednesday, October 26, 2016
10		10 minutes Case Management Conference Wed 10/26 11:57 AM Case Management Plan Case Management Conference held on 10/26/2016. Case is assigned to the standard track. Discovery due by 4/30/2017. Parties to be Joined and Pleading Amendments due by 10/7/2016. Dispositive Motions due by 5/1/2017. Telephone Conference set for 2/1/2017 at 12:30 PM before Judge Dan Aaron Polster. Joint status report is due no later than 4:00 p.m. on 1/25/2017. (Court Reporter: n/a.) Time: 1 hour. (K,K) Related: [-]
Monday, October 17, 2016
9		9 notice Initial Disclosures Mon 10/17 11:22 AM Initial Disclosures filed by Joevon Dawson. (Sidoti, Marcus) Related: [-]
8		8 notice Initial Disclosures Mon 10/17 10:52 AM Initial Disclosures filed by Jon Periandri. (Williamson, Elizabeth) Related: [-]
Thursday, October 06, 2016
		oth_evt Notice of Hearing or Conference Thu 10/06 3:25 PM Notice [non-document] of Telephone Conference set for 10/6/2016 at 04:45 PM before Judge Dan Aaron Polster. (K,K) Related: [-]
Friday, September 16, 2016
7		7 motion Excuse Excuse Appearance Fri 09/16 1:15 PM Motion to excuse , Motion to excuse appearance of Detective Jon Periandri at CMC filed by Defendant Jon Periandri. (Williamson, Elizabeth) Modified to term duplicate motion on 9/16/2016 (G,CA) Related: [-]
		order Order on Motion to excuse appearance Fri 09/16 3:48 PM Order [non-document] denying7 Defendant's Motion to excuse appearance of Detective Jon Periandri at case management conference on 10/26/16. Judge Dan Aaron Polster on 9/16/16.(P,R) Related: [-]
Tuesday, September 06, 2016
		order Order on Motion to continue Tue 09/06 11:12 AM Order [non-document] granting Motion to continue case management Related [+]. Case management conference to be held on 10/26/2016 at 09:00 AM at Chambers 18B before Judge Dan Aaron Polster. Approved by Judge Dan Aaron Polster on 9/6/2016.(K,K) Related: [-] 6
Friday, September 02, 2016
6		6 motion Continue Fri 09/02 4:22 PM Motion to continue Case Management Conference filed by Defendant Jon Periandri. (Williamson, Elizabeth) Related: [-]
Monday, August 29, 2016
5		5 notice Report of Parties Planning Meeting Mon 08/29 9:39 AM Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Jon Periandri. (Williamson, Elizabeth) Related: [-]
4		4 notice Report of Parties Planning Meeting Mon 08/29 9:34 AM Filing Error - Attorney to Refile (see5 ). Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Jon Periandri. (Williamson, Elizabeth) Modified text 8/29/2016 (K,K) Related: [-]
Monday, August 22, 2016
		oth_evt Reassignment of Magistrate Judge - MJ Vecchiarelli to MJ Greenberg Mon 08/22 1:58 PM Reassignment of Magistrate Judge due to the retirement of Magistrate Judge Nancy A. Vecchiarelli. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (C,BA) Related: [-]
Tuesday, August 16, 2016
		oth_evt Notice of Hearing or Conference Tue 08/16 9:10 AM Notice [non-document] Case management conference reset for 9/8/2016 at 01:30 PM* in Chambers 18B before Judge Dan Aaron Polster. (*Please note change in TIME only.) (K,K) Related: [-]
Friday, July 29, 2016
3		3 order Case Management Conference Scheduling Order Fri 07/29 12:14 PM Case Management Conference Scheduling Order with case management conference to be held on 9/8/2016 at 01:00 PM at Chambers 18B before Judge Dan Aaron Polster. Report of Parties' Planning Meeting due no later than 12:00 p.m. on 9/6/2016. Signed by Judge Dan Aaron Polster on 7/29/2016. (K,K) Related: [-]
Tuesday, June 07, 2016
2		2 oth_evt Magistrate Consent Form Issued by Intake Tue 06/07 3:00 PM Magistrate Consent Form issued. (S,SR) Related: [-]
1		1 cmp Notice of Removal Tue 06/07 2:42 PM Notice of Removal from Cuyahoga County Common Pleas, case number CV16862848 with jury demand, Filing fee $ 400, receipt number 0647-7657130. Filed by Jon Periandri. (Williamson, Elizabeth) Modified text on 6/7/2016 (S,SR) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Exhibit 1 Summons,
		Att: 3 Exhibit 2 Complaint,
		Att: 4 Exhibit 3 Answer,
		Att: 5 Exhibit 4 Docket
		utility Add and Terminate Judge Tue 06/07 2:59 PM Judge Dan Aaron Polster assigned to case. (S,SR) Related: [-]
		oth_evt Random Assignment of Magistrate Judge Tue 06/07 2:59 PM Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Nancy A. Vecchiarelli. (S,SR) Related: [-]

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