Leonard v. Sage Hospitality The Westin Cleveland Downtown Hotel et al

Ohio Northern District Court
Judge:	Patricia A Gaughan
Case #:	1:23-cv-00033
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1332 Diversity-Employment Discrimination

Case Filed:	Jan 09, 2023
Terminated:	Aug 29, 2023

Last checked: Saturday Jul 08, 2023 5:04 AM EDT

Defendant Chicago & Midwest Regional Joint Board	Represented By David P. Lichtman Dowd Bloch Bennett Cervone Auerbach & Yokich contact info David M. Fusco Fusco Gallagher & Porcaro contact info
Defendant Sage Hospitality The Westin Cleveland Downtown Hotel	Represented By Maria A. Chabali Baker & Hostetler - Columbus contact info Michael Parente Baker & Hostetler - Columbus contact info
Plaintiff Brian Leonard 9820 Hilgert Drive Cleveland, OH 44104

GPO Aug 29 2023
Memorandum of Opinion and Order: Defendant Sage Hospitality The Westin Cleveland Downtown Hotel's Motion to Dismiss Plaintiff's Complaint and defendant Chicago and Midwest Regional Joint Board's Motion to Dismiss are granted. Judge Patricia A. Gaughan on 8/29/23. (LC,S) re 15, 24

Docket last updated: 4 hours ago

Monday, April 22, 2024
40		40 appeal USCA Mandate Mon 04/22 2:32 PM True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re37 Notice of Appeal (USCA 23-3748 . (F,AW) Related: [-]
Wednesday, January 31, 2024
38		38 appeal Appeal Remark Wed 01/31 2:03 PM Appeal Order from USCA for the Sixth Circuit: Granting the stipulation of the parties to dismiss Sage Hospitality the Westin Cleveland Downtown Hotel as party to this appeal re37 (USCA# 23-3748 . Date issued by USCA 1/30/24 (H,SP) Related: [-]
Tuesday, September 12, 2023
		appeal Acknowledgment from the USCA Tue 09/12 11:28 AM Acknowledgment from the USCA for Sixth Circuit of receipt of37 Notice of Appeal (USCA 23-3748 . Date filed in USCA 9/12/23. (R,AP) Related: [-]
Tuesday, September 05, 2023
37		37 appeal Notice of Appeal Wed 09/06 11:48 AM NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the35 Memorandum Opinion and Order and36 Judgment Entry, filed by Brian Leonard. IFP Granted for case. (H,SP) Related: [-]
		Att: 1 IFP Application
Tuesday, August 29, 2023
36		36 order Judgment Tue 08/29 2:59 PM Judgment Entry : This Court, having issued its Memorandum of Opinion and Order granting defendant Sage Hospitality The Westin Cleveland Downtown Hotel's Motion to Dismiss Plaintiff's Complaint (Doc.15 ) and defendant Chicago and Midwest Regional Joint Board's Motion to Dismiss (Doc.24 ), hereby enters judgment for defendants. Judge Patricia A. Gaughan on 8/29/23. (LC,S) Related: [-]
35		35 minutes ~Util - Terminate Motions Memorandum Opinion and Order Tue 08/29 2:53 PM Memorandum of Opinion and Order : Defendant Sage Hospitality The Westin Cleveland Downtown Hotel's Motion to Dismiss Plaintiff's Complaint and defendant Chicago and Midwest Regional Joint Board's Motion to Dismiss are granted. Judge Patricia A. Gaughan on 8/29/23. (LC,S) Related: [-]
		oth_evt Remark re Pro Se Service Tue 08/29 3:03 PM Copy of36 &35 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 8/29/23. (LC,S) Related: [-]
Tuesday, August 22, 2023
		oth_evt Remark re Pro Se Service Tue 08/22 8:18 AM Copy of [non-document] Order of 8/21/23 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 8/22/23. (LC,S) Related: [-]
Monday, August 21, 2023
		order Order on Motion for conference Mon 08/21 1:48 PM Order [non-document]: Plaintiff's Motion for Mediation/Settlement Conference is denied for the reasons stated in the briefs in opposition. Judge Patricia A. Gaughan on 8/21/23. (LC,S) Related: [-]
Friday, August 18, 2023
34		34 oth_ans Objection Fri 08/18 3:31 PM Objection to Defendants'30 Motion for Leave to File Instanter, filed by Brian Leonard. (S,HR) Related: [-]
		Att: 1 Sage Hospitality's Rule 26 Initial Disclosures
33		33 resp Opposition Fri 08/18 3:23 PM Objection to Defendants' Opposition to Plaintiff's28 Motion for Mediation Conference filed by Brian Leonard.(S,HR) Related: [-]
		Att: 1 Exhibit Sage Hospitality Rule 26 Initial Disclosures
Wednesday, August 09, 2023
32		32 resp Response Wed 08/09 11:30 AM Response to28 Motion for conference/hearing Defendant Chicago and Midwest Regional Joint Board's Response and Opposition to Plaintiff's Motion for Mediation / Settlement Conference filed by Chicago & Midwest Regional Joint Board. (Lichtman, David) Related: [-]
31		31 6 pgs order Order on Motion for leave Wed 08/09 10:09 AM Order: Defendant Chicago and Midwest Regional Joint Boards Motion for Leave to File Instanter Its Response in Opposition to Plaintiffs Motion for Mediation/Settlement Conference is granted Related [+]Judge Patricia A. Gaughan on 8/08/23.(D,Ma) Related: [-] 30
Tuesday, August 08, 2023
30		30 motion Leave Tue 08/08 6:21 PM Motion for leave Defendant Chicago and Midwest Regional Joint Board's Motion for Leave to File Instanter its Response in Opposition to Plaintiff's Motion for Mediation / Settlement Conference filed by Defendant Chicago & Midwest Regional Joint Board.(Lichtman, David) Related: [-]
		Att: 1 Exhibit A
29		29 resp Opposition Tue 08/08 2:29 PM Opposition to28 Motion for conference/hearing filed by Sage Hospitality The Westin Cleveland Downtown Hotel. (Parente, Michael) Related: [-]
Friday, July 21, 2023
28		28 motion Conference/Hearing Fri 07/21 2:11 PM Motion for mediation/settlement conference filed by Plaintiff Brian Leonard. (H,Ch) Related: [-]
Friday, July 07, 2023
		order Order on Motion for order Fri 07/07 1:12 PM Order [non-document]: Plaintiff's Motion for Judgment is denied. The Court did not order that a reply brief be filed and the federal rules do not require as such. Judge Patricia A. Gaughan on 7/7/23. (LC,S) Related [+] Related: [-] 27
		oth_evt Remark re Pro Se Service Fri 07/07 1:29 PM Copy of [non-document] Order of 7/7/23 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 7/7/23. (LC,S) Related: [-]
Wednesday, July 05, 2023
27		27 2 pgs motion Order Thu 07/06 4:17 PM Motion for judgement filed by Plaintiff Brian Leonard. (F,ML) Related: [-]
Tuesday, June 27, 2023
26		26 resp Response Thu 06/29 11:32 AM Response to24 Motion to dismiss Defendant Chicago and Midwest Regional Joint Board's Motion to Dismiss and Memorandum of Law on Behalf of Defendant in Support of Its Motion Dismiss filed by Brian Leonard. (F,ML) Related: [-]
Thursday, June 22, 2023
		order Order on Motion for order Thu 06/22 9:53 AM Order [non-document]: Plaintiff's Motion to Ask Questions is denied. The Court will not entertain questions in a motion. Judge Patricia A. Gaughan on 6/22/23. (LC,S) Related: [-]
		oth_evt Remark re Pro Se Service Thu 06/22 9:56 AM Copy of [non-document] Order of 6/22/23 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 6/22/23. (LC,S) Related: [-]
Tuesday, June 20, 2023
25		25 2 pgs motion Order Thu 06/22 9:48 AM Motion to ask questions filed by Plaintiff Brian Leonard. (F,ML) Related: [-]
		order Order on Motion for reconsideration Tue 06/20 10:41 AM Order [non-document]: Plaintiff's Motion to Reconsider is denied. Defendant presented sufficient reasons to vacate the entry of default. Judge Patricia A. Gaughan on 6/20/23. (LC,S) Related: [-]
		oth_evt Remark re Pro Se Service Tue 06/20 10:45 AM Copy of [non-document] Order of 6/20/23 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 6/20/23. (LC,S) Related: [-]
Thursday, June 15, 2023
24		24 motion Dismiss Thu 06/15 6:38 PM Motion to dismiss Defendant Chicago and Midwest Regional Joint Board's Motion to Dismiss and Memorandum of Law on Behalf of Defendant in Support of Its Motion Dismiss filed by Defendant Chicago & Midwest Regional Joint Board.(Lichtman, David) Related: [-]
		Att: 1 Exhibit 1
Friday, June 09, 2023
23		23 motion Reconsideration Mon 06/12 10:09 AM Motion to reconsider filed by Plaintiff Brian Leonard.. (F,ML) Related: [-]
		Att: 1 Various attachments
Tuesday, June 06, 2023
		order Order on Motion for default judgment Order on Motion to vacate Tue 06/06 11:20 AM Order [non-document]: Defendant Chicago & Midwest Regional Joint Board's Motion to Vacate Entry of Default is unopposed and granted. Judge Patricia A. Gaughan on 6/6/23. (LC,S) Related: [-]
		oth_evt Remark re Pro Se Service Tue 06/06 11:26 AM Copy of [non-document] Order of 6/6/23 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 6/6/23. (LC,S) Related: [-]
Thursday, June 01, 2023
22		22 notice Attorney Appearance (atty event) Thu 06/01 11:14 AM Attorney Appearance by David P. Lichtman filed by on behalf of Chicago & Midwest Regional Joint Board. (Lichtman, David) Related: [-]
Tuesday, May 30, 2023
21		21 resp Response Wed 05/31 4:20 PM 15 Motion of Response to Defendant's Answer to Dismiss filed by Brian Leonard..(F,ML) Related: [-]
		Att: 1 Supporting Documents
Tuesday, May 23, 2023
20		20 motion Vacate Tue 05/23 11:36 AM Motion to vacate Motion to Vacate Entry of Default filed by Defendant Chicago & Midwest Regional Joint Board.(Lichtman, David) Related: [-]
		Att: 1 Exhibit A-D
		oth_evt Remark re Pro Se Service Tue 05/23 9:58 AM Copy of [non-document] Order of 5/22/23 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 5/23/23. (LC,S) Related: [-]
Monday, May 22, 2023
19		19 notice Attorney Appearance (atty event) Mon 05/22 1:28 PM Attorney Appearance by David M. Fusco filed by on behalf of Chicago & Midwest Regional Joint Board. (Fusco, David) Related: [-]
		order Order on Motion to appear pro hac vice Mon 05/22 9:28 AM Order [non-document]: Defendant Chicago & Midwest Regional Joint Board's Motion for attorney David P. Lichtman to Appear Pro Hac Vice is granted. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Related [+]. Judge Patricia A. Gaughan on 5/22/23.(LC,S) Related: [-] 18
Friday, May 19, 2023
18		18 motion Appear Pro Hac Vice Fri 05/19 1:57 PM Motion for attorney David P. Lichtman to Appear Pro Hac Vice. Filing fee $ 120, receipt number 145482, filed by Defendant Chicago & Midwest Regional Joint Board.. (H,Ch) Related: [-]
		Att: 1 Declaration of David P. Lichtman Pursuant to 28 U.S.C. 1746
Thursday, May 18, 2023
17		17 order Minute Order _ Case Management Conference Thu 05/18 1:15 PM Case Management Order : Case Management Conference was held on 5/18/23. Case is assigned to the standard track. Case is not suitable for Mediation/Settlement Conference at this time. Non-expert discovery shall be completed on or before 11/15/23. Expert reports shall be exchanged on or before N/A for party with burden of proof & N/A for Rebuttal and Expert Discovery shall be completed on or before N/A. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 6/30/23. Dispositive Motions shall be filed on or before 12/15/23. Telephonic Status Conference is set for 10/3/23 at 9:00 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court three business days prior to the conference a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 5/18/23. (LC,S) Related: [-]
		oth_evt Remark re Pro Se Service Thu 05/18 1:17 PM Copy of17 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 5/18/23. (LC,S) Related: [-]
Monday, May 15, 2023
16		16 notice Position Statement re: CMC Agenda Mon 05/15 8:08 PM Position Statement re: Case Management Conference Agenda filed by Sage Hospitality The Westin Cleveland Downtown Hotel. (Parente, Michael) Related: [-]
15		15 motion Dismiss for Failure to State a Claim Mon 05/15 5:57 PM Motion to dismiss for failure to state a claim filed by Defendant Sage Hospitality The Westin Cleveland Downtown Hotel. Related document(s)1 .(Parente, Michael) Related: [-]
		Att: 1 Exhibit
Thursday, May 11, 2023
14		14 notice Attorney Appearance (atty event) Thu 05/11 2:30 PM Attorney Appearance by Maria A. Chabali filed by on behalf of Sage Hospitality The Westin Cleveland Downtown Hotel. (Chabali, Maria) Related: [-]
Wednesday, May 10, 2023
13		13 oth_evt Default Entered Wed 05/10 1:59 PM Default Entered on 5/10/23 against Defendant Chicago & Midwest Regional Joint Board. Sandy Opacich, Clerk by Stella Leno-Clifford, Deputy Clerk. (LC,S) Related: [-]
		oth_evt Remark re Pro Se Service Wed 05/10 2:06 PM Copy of13 mailed to Chicago Midwest & Joint Board at 333 S. Ashland Ave., Chicago, IL 60607 on 5/10/23. (LC,S) Related: [-]
		oth_evt Remark re Pro Se Service Wed 05/10 2:07 PM Copy of13 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 5/10/23. (LC,S) Related: [-]
Thursday, April 27, 2023
12		12 motion Default Judgment (Motion for) Thu 04/27 3:18 PM Motion for default filed by Plaintiff Brian Leonard. (H,Ch) Related: [-]
Tuesday, April 18, 2023
		oth_evt Remark re Pro Se Service Tue 04/18 8:40 AM Copy of [non-document] order of 4/17/23 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 4/18/23. (LC,S) Related: [-]
Monday, April 17, 2023
		order Order on Motion for order Mon 04/17 9:38 AM Order [non-document]: Plaintiff's Motion of Objection is denied. The Court previously granted defendant's motion for an extension of time. Judge Patricia A. Gaughan on 4/17/23. (LC,S) Related [+] Related: [-] 11
Friday, April 14, 2023
11		11 1 pgs motion Order Fri 04/14 12:17 PM Motion of Objection for Extension filed by Plaintiff Brian Leonard. Related document(s)9 . (F,AW) Related: [-]
Wednesday, April 12, 2023
		order Order on Motion for extension of time to answer Order on Motion to extend deadlines Wed 04/12 8:54 AM Order [non-document]: Defendant Sage Hospitality The Westin Cleveland Downtown Hotel's Motion for Extension of Time to answer, move or otherwise respond to Plaintiff's complaint is granted to May 15, 2023. Judge Patricia A. Gaughan on 4/12/23. (LC,S) Related: [-]
		oth_evt Remark re Pro Se Service Wed 04/12 1:07 PM Copy of [non-document] Order dated 4/12/23 mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 4/12/23. (LC,S) Related: [-]
Tuesday, April 11, 2023
10		10 notice Corporate Disclosure Statement (atty event) Tue 04/11 4:38 PM Corporate Disclosure Statement filed by Sage Hospitality The Westin Cleveland Downtown Hotel. (Parente, Michael) Related: [-]
9		9 motion Extension (answer complaint) Extension (of deadlines) Tue 04/11 4:37 PM Motion for extension of time until May 15, 2023 to answer , Motion for extension of Answer, move or otherwise respond until May 15, 2023 filed by Defendant Sage Hospitality The Westin Cleveland Downtown Hotel.(Parente, Michael) Related: [-]
		Att: 1 Proposed Order
8		8 notice Attorney Appearance (atty event) Tue 04/11 4:17 PM Attorney Appearance by Michael Parente of Baker & Hostetler filed by on behalf of Sage Hospitality The Westin Cleveland Downtown Hotel. (Parente, Michael) Related: [-]
Thursday, March 30, 2023
7		7 order Case Management Conference Scheduling Order Thu 03/30 1:00 PM Case Management Conference Scheduling Order with case management conference set on 5/18/2023 at 09:00 AM to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 3/20/23. (D,Ma) Related: [-]
Thursday, March 23, 2023
6		6 service Return of Service Executed Fri 03/24 2:14 PM Return of Service by U.S. Marshal by FedEx executed upon Sage Hospitality The Westin Cleveland Downtown Hotel on 3/20/2023, filed on behalf of Brian Leonard. Related document(s)4 . (F,AW) Related: [-]
5		5 service Return of Service Executed Fri 03/24 2:13 PM Return of Service by U.S. Marshal by FedEx executed upon Chicago & Midwest Regional Joint Board on 3/21/2023, filed on behalf of Brian Leonard. Related document(s)4 . (F,AW) Related: [-]
Wednesday, March 15, 2023
4		4 oth_evt Summons Issued Wed 03/15 11:16 AM Original Summons issued to U. S. Marshal for service upon Chicago & Midwest Regional Joint Board and Sage Hospitality The Westin Cleveland Downtown Hotel. (LC,S) Related: [-]
		Att: 1 USM-285 forms
Friday, March 10, 2023
3		3 1 pgs order Order on Motion to proceed in forma pauperis Fri 03/10 3:56 PM Order granting Plaintiff's Motion to proceed in forma pauperis Related [+]. Magistrate Judge Thomas M. Parker on 3/10/2023. (D,JJ) Related: [-] 2
		oth_evt Remark re Pro Se Service Fri 03/10 4:03 PM Copy of3 Order on Motion to proceed in forma pauperis mailed to Brian Leonard at 9820 Hilgert Drive, Cleveland, OH 44104 on 3/10/2023. (D,JJ) Related: [-]
Monday, January 09, 2023
2		2 motion Proceed In Forma Pauperis Mon 01/09 1:02 PM Motion to proceed in forma pauperis filed by Plaintiff Brian Leonard. (H,Ch) Related: [-]
1		1 cmp Complaint Mon 01/09 12:58 PM Complaint of violation of Title VII of discrimination of race, retaliation, wrongful termination and age discrimination with jury demand against Chicago & Midwest Regional Joint Board, Sage Hospitality The Westin Cleveland Downtown Hotel. Filing fee not paid, IFP. Filed by Brian Leonard.. (H,Ch) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Determination and Notice of Rights - Westin Cleveland Downtown,
		Att: 3 Determination and Notice of Rights - Chicago Midwest Regional Joint Board,
		Att: 4 Proposed summons
		utility Add and Terminate Judge Mon 01/09 1:00 PM Judge Patricia A. Gaughan assigned to case. (H,Ch) Related: [-]
		oth_evt Random Assignment of Magistrate Judge Mon 01/09 1:00 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 Thomas M. Parker. (H,Ch) Related: [-]

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