EC New Vision Ohio, LLC et al v. Genoa Township, Ohio
| Ohio Southern District Court | |
| Judge: | Sarah D Morrison |
| Referred: | Elizabeth Preston Deavers |
| Case #: | 2:23-cv-00691 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1983 Civil Rights |
| Case Filed: | Feb 17, 2023 |
| Last checked: Wednesday Aug 16, 2023 4:42 AM EDT |
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Defendant
Genoa Township, Ohio
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Represented By
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Plaintiff
EC New Vision Ohio, LLC
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Represented By
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Plaintiff
Mary Jo Vilardo
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Represented By
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GPO
Jul 12 2023
OPINION AND ORDER denying 11 Motion to Stay. The Court finds that Defendant has not carried its burden to show that a Stay of Discovery is appropriate under the circumstances presented in this case. The Court, therefore, concludes that a Stay of Discovery pending resolution of Defendant's Motion to Dismiss is not warranted. The parties are ORDERED to meet and confer regarding the case schedule and to submit a revised Rule 26(f) Report by 7/26/2023. (Rule 26 Meeting Report due by 7/26/2023). Signed by Magistrate Judge Elizabeth Preston Deavers on 7/12/2023. (vb) |
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GPO
Nov 17 2023
Opinion and Order granting in part and denying in part 8 Motion to Dismiss filed by Defendant Genoa Township, and dismissing Counts I, II, and VI of the Complaint. Signed by Judge Sarah D. Morrison on 11/17/2023. (merc) |
| Docket last updated: 04/28/2024 11:59 PM EDT |
| Monday, March 25, 2024 | ||
| 40 | 40
1
pgs
order
Order on Motion for Extension of Time
Mon 03/25 12:37 PM
ORDER granting39 Joint Motion to Extend Case Schedule. Primary Expert Reports due 8/19/2024. Rebuttal Expert Reports due 10/7/2024. Discovery Deadline due 11/4/2024. Dispositive Motion Deadline due 12/9/2024. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/25/2024. (vb) |
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utility
Set/Reset Columbus PPTO Deadlines
Mon 03/25 12:40 PM
Reset Columbus PPTO Deadlines: Primary Expert due by 8/19/2024. Rebuttal Expert due by 10/7/2024. Discovery due by 11/4/2024. Dispositive motions due by 12/9/2024. (vb) |
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| Friday, March 22, 2024 | ||
| 39 | 39
motion
Extension of Time
Fri 03/22 8:45 AM
Joint MOTION for Extension of Time EXTENSION OF CASE SCHEDULE by Plaintiff EC New Vision Ohio, LLC. New date requested 8/19/2024. (Alexander, Elizabeth) Modified on 3/22/2024 to clarify text (kk2) |
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Att: 1
Text of Proposed Order
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| Thursday, December 21, 2023 | ||
| 38 | 38
notice
Notice Determining Readiness of Mediation (Columbus)
Thu 12/21 8:55 AM
NOTICE: Counsel shall confer and notify the Court at[LINK:ADR@ohsd.uscourts.gov] within 10 days if this case should NOT proceed with mediation in February 2024 . If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm EST on 1/2/2024 . (kk2) |
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| Thursday, December 14, 2023 | ||
| 37 | 37
order
Order on Motion to Withdraw as Attorney
Thu 12/14 2:14 PM
ORDER granting36 Motion to Withdraw as Attorney for Defendant. Attorney Jennifer Marie Meyer terminated. Signed by Magistrate Judge Elizabeth Preston Deavers on 12/14/2023. (vb) (vb) |
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Att: 1
(12/14/2023) Order
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| Wednesday, December 13, 2023 | ||
| 36 | 36
motion
Withdraw as Attorney
Wed 12/13 11:30 AM
MOTION to Withdraw as Attorney by Defendant Genoa Township, Ohio. (Meyer, Jennifer) |
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| Friday, December 01, 2023 | ||
| 35 | 35
notice
Notice of Appearance
Fri 12/01 4:24 PM
NOTICE of Appearance by David C. Moser for Defendant Genoa Township, Ohio (Moser, David) |
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| Thursday, November 30, 2023 | ||
| 34 | 34
answer
Answer to Complaint
Thu 11/30 8:45 PM
ANSWER to1 Complaint, with Jury Demand filed by All Defendants. (Riepenhoff, David) |
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| Friday, November 17, 2023 | ||
| 33 | 33
21
pgs
order
Order on Motion to Dismiss
Fri 11/17 3:06 PM
Opinion and Order granting in part and denying in part8 Motion to Dismiss filed by Defendant Genoa Township, and dismissing Counts I, II, and VI of the Complaint. Signed by Judge Sarah D. Morrison on 11/17/2023. (merc) |
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| Thursday, November 16, 2023 | ||
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utility
Set/Reset Columbus PPTO Deadlines
Thu 11/16 4:33 PM
Reset Columbus PPTO Deadlines: Rebuttal Expert due by 6/7/2024. (vb) |
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| Wednesday, November 15, 2023 | ||
| 32 | 32
2
pgs
order
Order on Motion to Continue
Wed 11/15 12:37 PM
ORDER granting31 Joint Motion to Extend Case Schedule. Primary Expert due by 4/19/2024. Rebuttal Expert due by 6/4/2024. Discovery due by 7/5/2024. Dispositive motions due by 8/9/2024. Signed by Magistrate Judge Elizabeth Preston Deavers on 11/15/2023. (vb) |
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| Tuesday, November 14, 2023 | ||
| 31 | 31
motion
Continue
Tue 11/14 11:35 AM
Joint MOTION to Continue Case Schedule by Plaintiff EC New Vision Ohio, LLC. (Alexander, Elizabeth) |
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| Friday, October 20, 2023 | ||
| 30 | 30
notice
Notice Determining Readiness of Mediation (Columbus)
Fri 10/20 9:37 AM
NOTICE: Counsel shall confer and notify the Court at[LINK:ADR@ohsd.uscourts.gov] within 10 days if this case should NOT proceed with mediation in December 2023 . If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm EST on 10/30/2023 . (kk2) |
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| Monday, October 02, 2023 | ||
| 29 | 29
1
pgs
order
Order on Motion to Withdraw as Attorney
Mon 10/02 3:45 PM
ORDER granting28 Motion to Withdraw as Attorney Jordan Christopher Patterson for Plaintiffs. (Terminated) Signed by Magistrate Judge Elizabeth Preston Deavers on 10/2/2023. (vb) |
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| Friday, September 29, 2023 | ||
| 28 | 28
motion
Withdraw as Attorney
Fri 09/29 10:39 AM
MOTION to Withdraw as Attorney by Plaintiffs EC New Vision Ohio, LLC, Mary Jo Vilardo. (Patterson, Jordan) |
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| Monday, August 21, 2023 | ||
| 27 | 27
17
pgs
order
Order on Motion for Protective Order
Mon 08/21 12:32 PM
PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on August 21, 2023. (jlk) |
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| Friday, August 18, 2023 | ||
| 26 | 26
motion
Protective Order
Fri 08/18 4:36 PM
Joint MOTION for Protective Order by Plaintiffs EC New Vision Ohio, LLC, Mary Jo Vilardo. (Patterson, Jordan) |
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| Friday, July 28, 2023 | ||
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utility
Set/Reset Columbus PPTO Deadlines
Fri 07/28 12:20 PM
Reset Columbus PPTO Deadlines: Response to Settlement Demand due by 11/10/2023. (vb) |
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| Thursday, July 27, 2023 | ||
| 25 | 25
order
Columbus Preliminary Pretrial Order
Thu 07/27 2:47 PM
PRELIMINARY PRETRIAL ORDER: Initial Disclosures due by 8/25/2023. Joinder of Parties/Motions to Amend due by 11/24/2023. Discovery due by 3/1/2024. (If the parties are unable to reach an agreement on any matter related to discovery, they are directed to arrange a conference with the Court). Clawback Agreement Deadline due by 8/18/2023. Dispositive motions due by 4/5/2024. Primary Expert due by 12/15/2023. Rebuttal Expert due by 2/2/2024. Settlement Demand due by 10/6/2023. Response to Settlement Demand due by 11/4/2023. Mediation Deadline: 12/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/27/2023. (vb) |
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| Wednesday, July 26, 2023 | ||
| 24 | 24
misc
Rule 26(f) Report
Wed 07/26 3:40 PM
RULE 26(f) REPORT by Plaintiffs EC New Vision Ohio, LLC, Mary Jo Vilardo. (Ingram, Christopher) |
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| Wednesday, July 12, 2023 | ||
| 23 | 23
5
pgs
order
Order on Motion to Stay
Wed 07/12 4:21 PM
OPINION AND ORDER denying11 Motion to Stay. The Court finds that Defendant has not carried its burden to show that a Stay of Discovery is appropriate under the circumstances presented in this case. The Court, therefore, concludes that a Stay of Discovery pending resolution of Defendant's Motion to Dismiss is not warranted. The parties are ORDERED to meet and confer regarding the case schedule and to submit a revised Rule 26(f) Report by 7/26/2023. (Rule 26 Meeting Report due by 7/26/2023). Signed by Magistrate Judge Elizabeth Preston Deavers on 7/12/2023. (vb) |
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| Wednesday, May 31, 2023 | ||
| 22 | 22
notice
Notice of Oral Argument Request (By Newer Attorney)
Wed 05/31 4:40 PM
Notice of Oral Argument Request (By Newer Attorney) pursuant to Standing Order re: Civil Cases-Opportunities for Newer Attorneys, filed by Plaintiffs EC New Vision Ohio, LLC, Mary Jo Vilardo (Patterson, Jordan) |
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| Friday, May 12, 2023 | ||
| 21 | 21
misc
Reply Brief - Respondent
Fri 05/12 5:22 PM
Respondent's REPLY BRIEF by Genoa Township, Ohio To Plaintiffs' Memorandum of Law In Opposition to Defendant's Motion to Stay Discovery . (Riepenhoff, David) |
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| 20 | 20
notice
Notice (Other)
Fri 05/12 9:50 AM
NOTICE by Defendant Genoa Township, Ohio Amended Notice of Withdrawal (Molnar, Anthony) |
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respm
Reply to Response to Motion
Mon 05/15 9:07 AM
REPLY to Response to Motion re11 MOTION to Stay Discovery filed by Defendant Genoa Township, Ohio. SEE DOCKET # 21 FOR DOCUMENT . This entry is being created to create the required document link to the underlying motion and to utilize the correct filing event, "Reply to Response to Motion," which can be found in the "Responses and Replies" section of CM/ECF (kk2) |
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| Thursday, May 11, 2023 | ||
| 19 | 19
2
pgs
order
Order
Thu 05/11 11:57 AM
ORDER - re17 Notice filed by Genoa Township, Ohio. The subject Notice of Withdrawal of Counsel, ECF17 , is DEFICIENT because it does not comply with Local Rules 83.4 and 83.5. Id. Counsel for Defendant is DIRECTED to file a Motion for Withdrawal in compliance with Local Rules 83.4 and 83.5. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/11/2023. (vb) |
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| Wednesday, May 10, 2023 | ||
| 18 | 18
respm
Reply to Response to Motion
Wed 05/10 11:22 PM
REPLY to Response to Motion re8 MOTION to Dismiss The Complaint filed by Defendant Genoa Township, Ohio. (Riepenhoff, David) |
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| 17 | 17
notice
Notice (Other)
Wed 05/10 4:13 PM
NOTICE by Defendant Genoa Township, Ohio Notice of Withdrawal of Counsel (Molnar, Anthony) |
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| 16 | 16
notice
Notice of Appearance
Wed 05/10 3:35 PM
NOTICE of Appearance by Jennifer Marie Meyer for Defendant Genoa Township, Ohio (Meyer, Jennifer) |
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| Friday, April 28, 2023 | ||
| 15 | 15
respm
Response in Opposition to Motion
Fri 04/28 4:04 PM
RESPONSE in Opposition re11 MOTION to Stay Discovery filed by Plaintiffs EC New Vision Ohio, LLC, Mary Jo Vilardo. (Patterson, Jordan) |
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| Wednesday, April 26, 2023 | ||
| 14 | 14
respm
Response in Opposition to Motion
Wed 04/26 6:11 PM
RESPONSE in Opposition re8 MOTION to Dismiss The Complaint filed by Plaintiffs EC New Vision Ohio, LLC, Mary Jo Vilardo. (Alexander, Elizabeth) |
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| Thursday, April 20, 2023 | ||
| 13 | 13
service
Affidavit of Service
Thu 04/20 2:20 PM
AFFIDAVIT of Service for Summons and Complaint served on Paul F. Wise, Genoa Township, OH on 04/19/2023, filed by Plaintiff EC New Vision Ohio, LLC. (Patterson, Jordan) |
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service
Summons Returned Executed
Tue 04/25 3:16 PM
SUMMONS Returned Executed as to Defendant Genoa Township, Ohio. Genoa Township, Ohio served on 4/19/2023, answer due 5/10/2023 (see13 ). (sem) |
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| Thursday, April 13, 2023 | ||
| 12 | 12
service
Summons Issued
Thu 04/13 4:04 PM
Summons Issued as to Genoa Township, Ohio c/o Patrick Myers, Fiscal Officer (kk2) |
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minutes
Pretrial Conference - Interim
Thu 04/13 11:19 AM
Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 4/13/2023. Discovery temporarily stayed while the Court considers Defendant's Motion to Stay Discovery. (sln) |
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| Friday, April 07, 2023 | ||
| 11 | 11
motion
Stay
Fri 04/07 2:23 PM
MOTION to Stay Discovery by Defendant Genoa Township, Ohio. (Riepenhoff, David) |
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| 10 | 10
service
Request for Issuance of Summons
Fri 04/07 1:04 PM
REQUEST for Issuance of Summons. (Patterson, Jordan) |
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| Thursday, April 06, 2023 | ||
| 9 | 9
misc
Rule 26(f) Report
Thu 04/06 5:57 PM
RULE 26(f) REPORT by Plaintiffs EC New Vision Ohio, LLC, Mary Jo Vilardo. (Patterson, Jordan) |
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| Wednesday, April 05, 2023 | ||
| 8 | 8
motion
Dismiss
Wed 04/05 4:53 PM
MOTION to Dismiss The Complaint by Defendant Genoa Township, Ohio. (Riepenhoff, David) |
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Att: 1
Exhibit Zoning Resolution,
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Att: 2
Exhibit Zoning Map,
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Att: 3
Exhibit Comprehensive Plan - Revised,
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Att: 4
Exhibit Informal Opinion,
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Att: 5
Exhibit Batten Declaration,
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Att: 6
Exhibit Shafer Declaration
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| Wednesday, March 15, 2023 | ||
| 7 | 7
notice
Notice of Hearing
Wed 03/15 10:18 AM
NOTICE of Hearing:Preliminary Pretrial Conference set for 4/13/2023 10:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
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| Tuesday, March 14, 2023 | ||
| 6 | 6
misc
Stipulation
Tue 03/14 10:08 AM
STIPULATION STIPULATION OF EXTENSION OF TIME TO FILE A MOTION OR RESPONSIVE PLEADING by Defendant Genoa Township, Ohio. (Riepenhoff, David) |
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| 5 | 5
notice
Notice of Appearance
Tue 03/14 9:57 AM
NOTICE of Appearance by David Alan Riepenhoff for Defendant Genoa Township, Ohio (Riepenhoff, David) |
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utility
Set/Reset Deadlines
Tue 03/14 2:11 PM
Set/Reset Deadlines: Genoa Township, Ohio answer due 4/5/2023. (er) |
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| Wednesday, February 22, 2023 | ||
| 4 | 4
service
Affidavit of Service
Wed 02/22 4:22 PM
AFFIDAVIT of Service for Summons and Complaint served on Genoa Township, Ohio on 02/22/2023, filed by Plaintiffs EC New Vision Ohio, LLC, Mary Jo Vilardo. (Patterson, Jordan) |
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| Monday, February 20, 2023 | ||
| 3 | 3
service
Summons Issued
Mon 02/20 12:24 PM
Summons Issued as to Genoa Township, Ohio. (er) |
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| Friday, February 17, 2023 | ||
| 2 | 2
misc
Corporate Disclosure Statement
Fri 02/17 2:44 PM
Corporate Disclosure Statement by Plaintiff EC New Vision Ohio, LLC. (Patterson, Jordan) |
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| 1 | 1
cmp
Complaint
Fri 02/17 2:20 PM
COMPLAINT with JURY DEMAND against Genoa Township, Ohio ( Filing fee $ 402 paid - receipt number: AOHSDC-9278682), filed by EC New Vision Ohio, LLC, Mary Jo Vilardo. (Patterson, Jordan) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Summons Form Summons
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