Fekety v. Wellpath et al.
| Ohio Northern District Court | |
| Judge: | Bridget Meehan Brennan |
| Case #: | 4:22-cv-01667 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Sep 19, 2022 |
| Terminated: | Nov 15, 2023 |
| Last checked: Saturday Mar 18, 2023 4:57 AM EDT |
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Defendant
Deputy Hocevar
in his individual capacity c/o Mahoning County Jail 110 Fifth Avenue
Youngstown, OH 44503 |
Represented By
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Defendant
Nurse Lewis
in her individual capacity .c/o Mahoning County Jail 110 Fifth Avenue
Youngstown, OH 44503 |
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Defendant
Mahoning County, Ohio
110 Fifth Avenue
Youngstown, OH 44503 |
Represented By
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Defendant
Nurse Smith
in her individual capacity c/o Mahoning County Jail 110 Fifth Avenue
Youngstown, OH 44503 |
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Defendant
Nurse Van Dyke
in her individual capacity c/o Mahoning County Jail 110 Fifth Avenue
Youngstown, OH 44503 |
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Defendant
John J. Vargo, D.O.
in his individual capacity 20 Ohltown Road
Austintown, OH 44515 |
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Defendant
Nurse Wallace
in her individual capacity c/o Mahoning County Jail 110 Fifth Avenue
Youngstown, OH 44503 |
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Defendant
Wellpath
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Plaintiff
Linda Fekety
in her capacity as the Administratrix of the Estate of James Kennedy III, Deceased 1675 Weston
Youngstown, OH 44514 |
Represented By
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GPO
Oct 12 2023
Memorandum Opinion and Order: For the reasons stated herein, the motion to dismiss filed by Mahoning County and Deputy Hocevar (Doc. No. 9) is GRANTED. Mahoning County and Deputy Hocevar are dismissed as parties from this case. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 10/12/2023. (H,AR) |
| Docket last updated: 2 hours ago |
| Wednesday, November 15, 2023 | ||
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order
Order Dismissing Case
Wed 11/15 11:42 AM
Order of Case Dismissal: On October 12, 2023, this Court entered an Order dismissing with prejudice the claims against defendants Deputy Jacob Hocevar and Mahoning County. Pursuant to Fed. R. Civ. P. 4(m) and this Court's Order dated October 13, 2023, all remaining claims and parties in this action are hereby DISMISSED without prejudice for failure to prosecute. This case is closed. Judge Bridget Meehan Brennan on 11/15/2023. (H,AR) |
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| Friday, October 13, 2023 | ||
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order
Order
Fri 10/13 10:10 AM
Order [non-document]: Fed. R. Civ. P. 4(m) requires a plaintiff to serve a summons and complaint upon a defendant within 90 days after the complaint is filed. To date, no proof of service regarding Wellpath and the individual medical professional defendants has been filed. No later than 10 days from the date of this Order, Plaintiff shall show good cause why service of the summons and complaint was not timely made upon all defendants pursuant to Rule 4(m). Absent such a showing, the action will be dismissed without prejudice as to non-served defendants for failure to prosecute. Judge Bridget Meehan Brennan on 10/13/2023. (H,AR) |
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| Thursday, October 12, 2023 | ||
| 13 | 13
11
pgs
order
Memorandum Opinion and Order
Thu 10/12 11:31 AM
Memorandum Opinion and Order: For the reasons stated herein, the motion to dismiss filed by Mahoning County and Deputy Hocevar (Doc. No.9 ) is GRANTED. Mahoning County and Deputy Hocevar are dismissed as parties from this case. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 10/12/2023. (H,AR) |
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| Tuesday, January 24, 2023 | ||
| 12 | 12
resp
Response
Tue 01/24 4:15 PM
Response to9 Motion to dismiss for failure to state a claim Defendants' Response in Support of Defendants' Motion to Dismiss filed by Deputy Hocevar, Mahoning County, Ohio. (Sudhoff, Helen) |
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| Tuesday, January 10, 2023 | ||
| 11 | 11
resp
Response
Tue 01/10 4:51 PM
Response to9 Motion to dismiss for failure to state a claim filed by Linda Fekety. (Engler, David) |
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| Wednesday, December 28, 2022 | ||
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order
Order on Motion to extend deadlines
Wed 12/28 11:16 AM
Order [non-document] granting Plaintiff's motion for an extension of time until January 10, 2023, to respond to Defendants Deputy Hocevar and Mahoning County, Ohio's motion to dismiss. (Doc. No.10 .) Judge Bridget Meehan Brennan on 12/28/2022. (H,AR) |
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| Monday, December 26, 2022 | ||
| 10 | 10
motion
Extension (of deadlines)
Mon 12/26 5:27 PM
Motion for extension of Response to Motion to Dismiss until January 10, 2023 filed by Plaintiff Linda Fekety. Related document(s)9 . (Engler, David) |
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| Monday, November 28, 2022 | ||
| 9 | 9
motion
Dismiss for Failure to State a Claim
Mon 11/28 1:46 PM
Motion to dismiss for failure to state a claim filed by Deputy Hocevar, Mahoning County, Ohio. (Downey, Daniel) |
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| 8 | 8
answer
Answer to Complaint
Mon 11/28 1:34 PM
Answer to1 Complaint, with Jury Demand filed by Deputy Hocevar, Mahoning County, Ohio. (Downey, Daniel) |
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| Wednesday, November 16, 2022 | ||
| 7 | 7
order
Initial Order
Wed 11/16 12:50 PM
Initial Standing Order signed by Judge Bridget Meehan Brennan on 11/16/2022. (H,AR) |
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| Thursday, October 20, 2022 | ||
| 6 | 6
notice
Attorney Appearance (atty event)
Thu 10/20 11:16 AM
Attorney Appearance by Helen K. Sudhoff filed by on behalf of Deputy Hocevar, Mahoning County, Ohio. (Sudhoff, Helen) |
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notice
Attorney Appearance (atty event)
Thu 10/20 11:13 AM
Attorney Appearance by Daniel T. Downey filed by on behalf of Deputy Hocevar, Mahoning County, Ohio. (Downey, Daniel) |
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| 4 | 4
service
Waiver of Service Executed
Thu 10/20 10:11 AM
Waiver of Service Returned Executed by Linda Fekety. Mahoning County, Ohio waiver sent on 10/18/2022, answer due 12/19/2022 filed on behalf of Linda Fekety (Engler, David) |
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service
Waiver of Service Executed
Thu 10/20 10:09 AM
Waiver of Service Returned Executed by Linda Fekety. Deputy Hocevar waiver sent on 10/18/2022, answer due 12/19/2022 filed on behalf of Linda Fekety (Engler, David) |
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| Monday, September 19, 2022 | ||
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oth_evt
Summons Issued
Mon 09/19 2:49 PM
Original Summons and Magistrate Consent Form issued to counsel for service upon Deputy Hocevar, Nurse Lewis, Mahoning County, Ohio, Nurse Smith, Nurse Van Dyke, John J. Vargo, D.O., Nurse Wallace, Wellpath. (D,Ju) |
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Att: 1
Magistrate Consent Form
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| 1 | 1
cmp
Complaint
Mon 09/19 1:37 PM
Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11622360.. Filed by Linda Fekety. (Engler, David) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons Wellpath,
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Att: 3
Summons Dr. Vargo,
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Att: 4
Summons Deputy Hovecar,
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Att: 5
Summons Nurse Smith,
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Att: 6
Summons Nurse Wallace,
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Att: 7
Summons Nurse Van Dyke,
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Att: 8
Summons Nurse Lewis,
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Att: 9
Summons Mahoning County, Ohio
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utility
Add and Terminate Judge
Mon 09/19 2:11 PM
Judge Bridget Meehan Brennan assigned to case. (D,Ju) |
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oth_evt
Random Assignment of Magistrate Judge
Mon 09/19 2:13 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 Jennifer Dowdell Armstrong. (D,Ju) |
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