Pesta v. Cleveland State University et al
| Ohio Northern District Court | |
| Judge: | Dan Aaron Polster |
| Case #: | 1:23-cv-00546 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | Mar 16, 2023 |
| Last checked: Saturday Sep 16, 2023 9:07 AM EDT |
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Defendant
Laura Bloomberg
in her individual capacity 2121 Euclid Avenue AC 302
Cleveland, OH 44115 |
Represented By
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Defendant
Christopher Mallett
in his individual capacity 2121 Euclid Avenue RT 1426
Cleveland, OH 44115 |
Represented By
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Defendant
Conor McLennan
in his individual capacity 2121 Euclid Avenue SR 353
Cleveland, OH 44115 |
Represented By
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Defendant
Wendy Regoeczi
in her individual capacity Department of Criminology and Criminal Justice University of South Carolina 1305 Greene Street
Columbia, SC 29208 |
Represented By
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Defendant
Harlan M. Sands
in their individual capacity 2121 Euclid Avenue AC 302
Cleveland, OH 44115 |
Represented By
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Defendant
Benjamin Ward
in his individual capacity Parker Hannifin Hall 2nd Floor PH 204 2258 Euclid Avenue
Cleveland, OH 44115 |
Represented By
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Plaintiff
Bryan Pesta
26845 Chapel Hill Drive
North Olmstead, OH 44070 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
Cleveland State University
Terminated: 07/14/2023
2121 Euclid Avenue AC 302
Cleveland, OH 44115 |
Represented By
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GPO
Jul 14 2023
Opinion & Order. For the reasons stated in this Order, the Court GRANTS IN PART and DENIES IN PART the Defendants' motion to dismiss. (ECF Doc. 5.) CSU and Count 3 are dismissed with prejudice. The individual Defendants in their official capacities are dismissed with prejudice in Counts 1 and 2. Remaining before the Court are Counts 1 and 2, against the individual Defendants in their individual capacities. Signed by Judge Dan Aaron Polster on 7/14/2023. (M,CE) |
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GPO
Jan 03 2024
Opinion & Order For the reasons stated in the Order, the Trustees' 23 motion for judgement on the pleadings is granted and the Trustees are dismissed without prejudice. Should the Plaintiff develop evidence through discovery showing that any of the Trustees participated in the decision to terminate Professor Pesta, he may move to amend the complaint to add that Trustee(s) as a defendant. Signed by Judge Dan Aaron Polster on 1/3/2024. (K,K) |
| Docket last updated: 35 minutes ago |
| Wednesday, March 20, 2024 | ||
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minutes
Status Conference
Wed 03/20 12:24 PM
Minutes of proceedings [non-document] On March 20, 2024, the Court held a Zoom status conference. In attendance were: the Plaintiff, Bryan Pesta; Plaintiff's Counsel, Frederick Kelly; Defendants, Laura Bloomberg, Benjamin Ward, Conor McLennan, Harlan Sands, Christopher Mallett, and Wendy Regoeczi; Defense Counsel, Karen Giffen and Kerin Kaminski; CSU Counsel, Kelly King; and Ohio Attorney General's Office Counsel, Amy Ita. The Court discussed fact discovery, depositions, and developments pertaining to the NIH investigation. The Court grants Plaintiff's request to extend fact discovery and orders the following deadlines in this case: Fact Discovery: 4/30/2024; Expert Discovery: 5/31/2024. Importantly, the date of Dispositive Motions remains the same: 7/28/2024. The parties will send the Court (email the law clerk tracy_doudt@ohnd.uscourts.gov) their respective expert reports. The Court will hold a Zoom status conference on 6/24/2024, at 10:30 am. A joint status report is due by 6/20/2024 at 12:00 pm. (Court Reporter: n/a.) Time: 32 minutes. (K,K) |
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| Monday, February 26, 2024 | ||
| 31 | 31
notice
Notice (atty event)
Mon 02/26 3:11 PM
Notice of Issuance of Subpoena to KeyCorp (KeyBank) filed by All Defendants. (Giffen, Karen) |
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Att: 1
Exhibit A - Documents Subpoena to KeyBank
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| Tuesday, February 06, 2024 | ||
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order
Order on Motion for extension of time (other)
Tue 02/06 10:41 AM
Order [non-document] granting Joint30 Motion to rescheduled February 9, 2024, pretrial for after close of fact discovery on March 15, 2024. Status Conference reset for 3/20/2024 at 10:00 AM to be held by video conference (Cleveland) before Judge Dan Aaron Polster. The parties are directed to file a joint status report no later than 12:00 p.m. on 3/18/2024 . Entered on behalf of Judge Dan Aaron Polster on 2/6/2024.(K,K) |
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| Monday, February 05, 2024 | ||
| 30 | 30
motion
Extension (other)
Mon 02/05 4:15 PM
Joint Motion for extension of time filed by Laura Bloomberg, Cleveland State University, Cleveland State University Board of Trustees, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands, Benjamin Ward. (Giffen, Karen) |
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| Monday, January 22, 2024 | ||
| 29 | 29
motion
Extension (of deadlines)
Mon 01/22 11:47 AM
Joint Motion for extension of Discovery Deadlines until Fact Discovery to March 15, 2024, etc. filed by Plaintiff Bryan Pesta. Related document(s)14 ,. (Kelly, Frederick) |
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order
Order on Motion to extend deadlines
Mon 01/22 3:32 PM
Order [non-document] granting parties'29 Joint Motion for extension of Discovery Deadlines. The Court adopts the following litigation schedule: Fact Discovery cut-off: March 15, 2024; Initial Expert Reports: April 15, 2024; Rebuttal Expert Reports: May 15, 2024; Expert Discovery cut-off: June 15, 2024; Dispositive Motion deadline: July 28, 2024. Entered on behalf of Judge Dan Aaron Polster on 1/22/2024. (M,CE) |
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| Thursday, January 11, 2024 | ||
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order
Order
Thu 01/11 4:34 PM
Order [non-document]: The Court will hold a Zoom status conference at 10:00 am Friday, February 9, 2024. Counsel and all Clients/Client Representatives are required to attend. The parties will submit a joint status report by 12:00 pm on Wednesday, February 7, 2024. Entered on behalf of Judge Dan Aaron Polster on 1/11/2024. (M,CE) |
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| Wednesday, January 03, 2024 | ||
| 28 | 28
minutes
~Util - Terminate Motions ~Util - Add and Terminate Parties Memorandum Opinion and Order
Wed 01/03 2:12 PM
Opinion & Order For the reasons stated in the Order, the Trustees'23 motion for judgement on the pleadings is granted and the Trustees are dismissed without prejudice. Should the Plaintiff develop evidence through discovery showing that any of the Trustees participated in the decision to terminate Professor Pesta, he may move to amend the complaint to add that Trustee(s) as a defendant. Signed by Judge Dan Aaron Polster on 1/3/2024. (K,K) |
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| Thursday, December 21, 2023 | ||
| 27 | 27
resp
Reply
Thu 12/21 3:16 PM
Reply in support of23 Motion for judgment on the pleadings filed by All Defendants. (Giffen, Karen) |
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| Monday, December 11, 2023 | ||
| 26 | 26
resp
Opposition
Mon 12/11 11:48 AM
Opposition to23 Motion for judgment on the pleadings filed by Bryan Pesta. (Kelly, Frederick) |
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| Tuesday, November 28, 2023 | ||
| 25 | 25
motion
Extension of Time to File Response/Reply to Motion
Tue 11/28 1:50 PM
Motion for extension of time until December 11, 2023 to file response/reply to23 Motion for judgment on the pleadings filed by Plaintiff Bryan Pesta. Related document(s)23 . (Kelly, Frederick) |
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order
Order on Motion for extension of time to file response/reply to motion
Tue 11/28 3:43 PM
Order [non-document] granting Plaintiff's25 Motion for extension of time until December 11, 2023 to file response/reply to23 Motion for judgment on the pleadings. Plaintiff's response is due no later than 12:00 p.m. on 12/11/2023 . Defendant's reply is due no later than 12:00 p.m. on 12/27/2023 . Entered on behalf of Judge Dan Aaron Polster on 11/28/2023.(K,K) |
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| Monday, November 20, 2023 | ||
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minutes
Status Conference
Mon 11/20 10:31 AM
Minutes of proceedings [non-document] On November 20, 2023, the Court held a Zoom status conference. In attendance were: the Plaintiff, Bryan Pesta; Plaintiff's Counsel, Frederick Kelly; Defense Counsel, Karen Giffen and Kerin Kaminski; and CSU Counsel, Kelly King. None of the individual Defendants attended. The Court discussed the Defendants' Motion for Judgement on the Pleadings (Doc. #23 ) and directed Counsel to follow the local rules regarding discovery disputes. The Court did not schedule another status conference. (Court Reporter: n/a.) Time: 12 minutes. (K,K) |
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| Thursday, November 16, 2023 | ||
| 24 | 24
notice
Status Report (atty event)
Thu 11/16 11:30 AM
Joint Status Report of The Parties filed by All Defendants. (Giffen, Karen) |
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| Tuesday, October 31, 2023 | ||
| 23 | 23
motion
Judgment on the Pleadings
Tue 10/31 3:51 PM
Motion for judgment on the pleadings filed by Laura Bloomberg, Cleveland State University, Cleveland State University Board of Trustees, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands, Benjamin Ward. (Giffen, Karen) |
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| 22 | 22
answer
Answer to Amended Complaint
Tue 10/31 3:25 PM
Answer to18 Amended complaint, filed by Laura Bloomberg, Cleveland State University Board of Trustees, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands, Benjamin Ward.(Giffen, Karen) |
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Att: 1
Exhibit Ex. 1 Collective Bargaining Agreement,
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Att: 2
Exhibit Ex. 2 - Bylaws of the Board of Trustees,
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Att: 3
Exhibit Ex. 3 - January 13, 2022 Letter,
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Att: 4
Exhibit Ex. 4 - February 28, 2022 Letter,
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Att: 5
Exhibit Ex. 5 - Minutes of the Boards January 27, 2022 Meeting
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| 21 | 21
answer
Answer to Amended Complaint
Tue 10/31 3:06 PM
Answer to18 Amended complaint, filed by Laura Bloomberg, Cleveland State University Board of Trustees, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands, Benjamin Ward. (Giffen, Karen) |
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| Wednesday, October 11, 2023 | ||
| 20 | 20
motion
Extension (answer complaint)
Wed 10/11 1:02 PM
Motion for extension of time until October 31, 2023 to answer Plaintiff's Amended Complaint and Stipulation Regarding Service filed by Laura Bloomberg, Cleveland State University, Cleveland State University Board of Trustees, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands, Benjamin Ward. (Giffen, Karen) |
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order
Order on Motion for extension of time to answer
Wed 10/11 4:53 PM
Order [non-document] granting Defendants'20 Motion for extension of time until October 31, 2023 to answer Plaintiff's Amended Complaint and Stipulation Regarding Service . Approved by Judge Dan Aaron Polster on 10/11/2023.(K,K) |
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| Friday, September 22, 2023 | ||
| 19 | 19
oth_doc
Letter (atty event)
Fri 09/22 5:08 PM
Letter to Judge Polster on Amended Complaint filed by Bryan Pesta. Related document(s)17 ,18 ,. (Kelly, Frederick) |
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| 18 | 18
cmp
Amended Complaint
Fri 09/22 4:49 PM
Amended complaint against Laura Bloomberg, Cleveland State University, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands, Benjamin Ward and adding new party defendant(s) Cleveland State University Board of Trustees. Filed by Bryan Pesta. (Kelly, Frederick) |
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| Wednesday, August 16, 2023 | ||
| 17 | 17
2
pgs
order
Order on Motion for reconsideration
Wed 08/16 4:46 PM
Order For the reasons stated in the Order, the Court grants the Plaintiff leave to amend his complaint with the following requirement: the Plaintiff is DIRECTED to remove from his amended complaint the "many pages [of] irrelevant and extraneous historical accounts, political controversies, and philosophical opinions that have no bearing on his claims." ECF Doc.9 , p.[ 17]. The Plaintiff's amended complaint will include a concise factual background and succinct allegations that comport with Fed. R. Civ. P. 8(d)(1) ("Each allegation must be simple, concise, and direct."). Signed by Judge Dan Aaron Polster on 8/16/2023.(K,K) |
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minutes
Case Management Conference
Wed 08/16 2:32 PM
Minutes of proceedings [non-document] On August 16, 2023, the Court held a Zoom Case Management Conference. In attendance were: the Plaintiff, Bryan Pesta; Plaintiff's Counsel, Frederick Kelly; Defendants, Laura Bloomberg, Benjamin Ward, Conor McLennan, and Wendy Regoeczi; Defense Counsel, Karen Giffen and Kerin Kaminski; CSU Counsel, Kelly King; and Ohio Attorney General's Office Counsel, Amy Ita. Defendants Sands and Mallett did not attend. The Court discussed the Plaintiff's Motion for Reconsideration and Leave to Amend Pleading (Doc. #13 ). The Court will issue a short order amending its prior orders to without prejudice . The Court will permit the Plaintiff to amend his complaint, so long as he articulates succinct allegations against the Defendants. The Court approves the parties' litigation schedule contained in Doc. #14 , except for the following dates: Initial Expert Reports Due: 2/29/2024; Rebuttal Expert Reports Due: 3/29/2024; Expert Discovery Cut-Off: 5/3/2024; Dispositive Motions Due: 06/28/2024. The next Zoom status conference is at 9:30 am on November 20, 2023. A joint status report is due by 12:00 pm on November 16, 2023. Counsel will submit the Plaintiff's termination letter to the Court (email the law clerk tracy_doudt@ohnd.uscourts.gov) by 12:00 pm on 8/23/2023. The Court encourages the parties to make a more reasonable demand/offer and settle this case. (Court Reporter: n/a.) Time: 45 minutes. (K,K) |
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| Tuesday, August 15, 2023 | ||
| 16 | 16
oth_doc
Jury Demand (atty event)
Tue 08/15 12:25 PM
Jury Demand filed by Bryan Pesta. (Kelly, Frederick) |
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| Monday, August 14, 2023 | ||
| 15 | 15
motion
Excuse
Mon 08/14 1:28 PM
Motion to excuse Attendance at Case Management Conference filed by Defendant Christopher Mallett. (Giffen, Karen) |
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| 14 | 14
notice
Report of Parties Planning Meeting (atty event)
Mon 08/14 12:59 PM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Giffen, Karen) |
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order
Order on Motion to excuse
Mon 08/14 2:25 PM
Order [non-document] granting Defendant Mallett's Motion to excuse Attendance at Case Management Conference . Approved by Judge Dan Aaron Polster on 8/14/2023.(K,K) |
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| Friday, August 11, 2023 | ||
| 13 | 13
motion
Reconsideration
Fri 08/11 5:56 PM
Motion for reconsideration and Leave to Amend Pleading filed by Plaintiff Bryan Pesta. Related document(s)9 .(Kelly, Frederick) |
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Att: 1
Exhibit Proposed Amended Complaint
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| Friday, August 04, 2023 | ||
| 12 | 12
answer
Answer to Complaint
Fri 08/04 4:31 PM
CSU Individual Defendants' Answer to1 Complaint,, filed by Laura Bloomberg, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands, Benjamin Ward. (Giffen, Karen) |
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| Wednesday, July 26, 2023 | ||
| 11 | 11
motion
Extension (other)
Wed 07/26 10:09 AM
Motion for extension of time until August 4, 2023 to Answer filed by Laura Bloomberg, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands, Benjamin Ward. (Kaminski, Kerin) |
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order
Order on Motion for extension of time (other)
Wed 07/26 11:03 AM
Order [non-document] granting Defendant's11 Motion for extension of time until August 4, 2023 to Answer. Approved by Judge Dan Aaron Polster on 7/26/2023.(K,K) |
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| Monday, July 17, 2023 | ||
| 10 | 10
order
Case Management Conference Scheduling Order
Mon 07/17 11:29 AM
Case Management Conference Scheduling Order with case management conference to be held on 8/14/2023 at 10:00 AM via video conference (Cleveland) before Judge Dan Aaron Polster. Report of Parties' Planning Meeting due no later than 12:00 p.m. on 8/10/2023. Signed by Judge Dan Aaron Polster on 7/17/2023. (K,K) |
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oth_evt
Notice of Hearing or Conference
Mon 07/17 12:49 PM
IMPORTANT: Notice [non-document] Case Management Conference RESET to 8/16/2023 at 10:30 AM at to be held by video conference (Cleveland) before Judge Dan Aaron Polster. Report of Parties' Planning Meeting is now due no later than 12:00 p.m. on 8/14/2023. Related document(s)10 . (K,K) |
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| Friday, July 14, 2023 | ||
| 9 | 9
minutes
~Util - Terminate Motions Memorandum Opinion and Order
Fri 07/14 9:48 AM
Opinion & Order. For the reasons stated in this Order, the Court GRANTS IN PART and DENIES IN PART the Defendants' motion to dismiss. (ECF Doc.5 .) CSU and Count 3 are dismissed with prejudice. The individual Defendants in their official capacities are dismissed with prejudice in Counts 1 and 2. Remaining before the Court are Counts 1 and 2, against the individual Defendants in their individual capacities. Signed by Judge Dan Aaron Polster on 7/14/2023. (M,CE) |
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| Wednesday, July 05, 2023 | ||
| 8 | 8
resp
Reply
Wed 07/05 12:07 PM
Reply in support of5 Motion to dismiss Plaintiff's Complaint filed by All Defendants. (Giffen, Karen) |
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| Tuesday, June 20, 2023 | ||
| 7 | 7
resp
Opposition
Tue 06/20 5:15 PM
Opposition to5 Motion to dismiss Plaintiff's Complaint filed by Bryan Pesta. (Kelly, Frederick) |
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| Monday, May 22, 2023 | ||
| 6 | 6
notice
Attorney Appearance (atty event)
Mon 05/22 1:59 PM
Attorney Appearance by Kerin L. Kaminski filed by on behalf of All Defendants. (Kaminski, Kerin) |
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| 5 | 5
motion
Dismiss
Mon 05/22 1:24 PM
Motion to dismiss Plaintiff's Complaint filed by Laura Bloomberg, Cleveland State University, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands, Benjamin Ward. Related document(s)1 . (Giffen, Karen) |
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| Thursday, May 11, 2023 | ||
| 4 | 4
notice
Attorney Appearance (atty event)
Thu 05/11 11:46 AM
Attorney Appearance by Paul J. Neel filed by on behalf of All Defendants. (Neel, Paul) |
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| Friday, April 28, 2023 | ||
| 3 | 3
notice
Attorney Appearance (atty event)
Fri 04/28 10:51 AM
Attorney Appearance by Karen L. Giffen filed by on behalf of All Defendants. (Giffen, Karen) |
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| Friday, March 17, 2023 | ||
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order
Order
Fri 03/17 2:43 PM
Order and Notice [non-document] The Court hereby notifies the parties that it is currently an adjunct faculty member and on the Board of Visitors of Cleveland State University Law School. While the Court does not believe this connection creates a conflict, if either side requests a recusal from this case, they are directed to file a notice no later than April 17, 2023. If no notices are filed, the Court will remain as presiding judge. It is SO ORDERED. Entered on behalf of Judge Dan Aaron Polster on 3/17/2023. (K,K) |
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| Thursday, March 16, 2023 | ||
| 2 | 2
oth_evt
Summons Issued
Thu 03/16 4:02 PM
Original Summons and Magistrate Consent Form issued to counsel for service upon Laura Bloomberg, Cleveland State University, Christopher Mallett, Conor McLennan, Wendy Regoeczi, Harlan M. Sands and Benjamin Ward.. (L,MI) |
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Att: 1
Magistrate Consent Form
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| 1 | 1
cmp
Complaint
Thu 03/16 12:39 PM
Complaint for money damages and declaratory and injunctive relief against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11897613. Filed by Bryan Pesta.. (Kelly, Frederick) |
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Att: 1
Exhibit 1 - Article "Global Ancestry and Cognitive Ability",
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Att: 2
Civil Cover Sheet,
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Att: 3
Summons - Cleveland State University,
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Att: 4
Summons - Laura Bloomberg,
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Att: 5
Summons - Harlan M. Sands,
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Att: 6
Summons - Benjamin Ward,
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Att: 7
Summons - Christopher Mallett,
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Att: 8
Summons - Conor McLennan,
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Att: 9
Summons - Wendy Regoeczi
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utility
Add and Terminate Judge
Thu 03/16 1:12 PM
Judge Dan Aaron Polster assigned to case. (L,MI) |
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oth_evt
Random Assignment of Magistrate Judge
Thu 03/16 1:13 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. (L,MI) |
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