Doe et al v. Archdiocese of Cincinnati et al
| Ohio Southern District Court | |
| Judge: | Matthew W Mcfarland |
| Case #: | 1:23-cv-00318 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1441 Petition for Removal - Employment Discrim |
| Case Filed: | May 24, 2023 |
| Last checked: Monday Nov 20, 2023 3:49 AM EST |
|
Defendant
Archbishop Moeller High School
9001 Montgomery Road
Cincinnati, OH 45242 |
Represented By
|
|
Defendant
Archdiocese of Cincinnati
100 East Eighth Street
Cincinnati, OH 45202 |
Represented By
|
|
Defendant
Michael Asbeck
9416 Amber Lane
West Chester, OH 45069 |
Represented By
|
|
Plaintiff
Jane Doe
119 East Court Street Suite 500
Cincinnati, OH 45202 |
Represented By
|
|
Plaintiff
John Doe
119 East Court Street Suite 500
Cincinnati, OH 45202 |
Represented By
|
GPO
Jun 05 2024
ORDER AND OPINION: 1. Defendant Michael Asbeck's Motion for Judgment on the Pleadings (Doc. 11) is GRANTED IN PART AND DENIED IN PART; 2. Judgment is ENTERED in favor of Asbeck on Plaintiffs' Intentional Infliction of Emotional Distress claim only as it applies to Asbeck's alleged physical assault of Mrs. Doe; and 3. The portion of Plaintiffs' Intentional Infliction of Emotional Distress claim arising from As beck's alleged sexual harassment of Mrs. Doe SHALL PROCEED. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/05/2024. (kaf) |
| Docket last updated: 2 hours ago |
| Monday, May 05, 2025 | ||
| 43 | 43
respm
Response in Opposition to Motion
Mon 05/05 4:18 PM
RESPONSE in Opposition re29 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Jane Doe, John Doe. (Wallace, Angela) |
|
|
Att: 1
Affidavit Declaration of Angela L. Wallace,
|
||
|
Att: 2
Appendix Harmon v. GZK
|
||
| 42 | 42
notice
Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice)
Mon 05/05 11:28 AM
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket37 Response in Opposition to Motion, filed by John Doe, Jane Doe., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket37 Response in Opposition to Motion, filed by John Doe, Jane Doe. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 5/6/2025. (bjc) |
|
| Friday, May 02, 2025 | ||
| 41 | 41
notice
Notice (Other)
Fri 05/02 10:28 PM
NOTICE by Plaintiffs Jane Doe, John Doe re37 Response in Opposition to Motion,38 Response in Opposition to Motion Plaintiffs' Proposed Disputed Issues of Material Fact (Wallace, Angela) |
|
| 40 | 40
misc
Response (non motion)
Fri 05/02 10:11 PM
Response to Defendant Asbeck's Statement of Proposed Undisputed Facts by Plaintiffs Jane Doe, John Doe. (Wallace, Angela) |
|
| 39 | 39
misc
Response (non motion)
Fri 05/02 10:10 PM
Response to Defendants' Statement of Proposed Undisputed Facts by Plaintiffs Jane Doe, John Doe. (Wallace, Angela) |
|
| 38 | 38
respm
Response in Opposition to Motion
Fri 05/02 10:04 PM
RESPONSE in Opposition re34 Amended MOTION for Summary Judgment filed by Plaintiffs Jane Doe, John Doe. (Wallace, Angela) |
|
| 37 | 37
respm
Response in Opposition to Motion
Fri 05/02 10:03 PM
RESPONSE in Opposition re29 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Jane Doe, John Doe. (Wallace, Angela) |
|
|
Att: 1
Affidavit Declaration of Angela L. Wallace,
|
||
|
Att: 2
Appendix Harmon v. GZK
|
||
| 36 | 36
respm
Affidavit in Opposition to Motion
Fri 05/02 7:43 PM
AFFIDAVIT in Opposition re29 MOTION for Summary Judgment and Memorandum in Support ,34 Amended MOTION for Summary Judgment filed by Plaintiffs Jane Doe, John Doe. (Wallace, Angela) |
|
| Monday, April 21, 2025 | ||
|
order
Order ~Util - Terminate Motions Set Motion and R&R Deadlines/Hearings
Mon 04/21 12:04 PM
NOTATION ORDER: This matter is before the Court on Plaintiffs' Unopposed Motion for Extension (Doc.35 ). For good cause, the motion is GRANTED. Plaintiffs shall have until May 2, 2025 to respond to Defendants Archbishop Moeller High School, Archdiocese of Cincinnati, and Michael Asbeck's Motions for Summary Judgment (Docs.29 ,34 ). IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 04/21/2025. (kaf) |
||
| Thursday, April 17, 2025 | ||
| 35 | 35
motion
Extension of Time to File Response/Reply
Thu 04/17 2:33 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to29 MOTION for Summary Judgment and Memorandum in Support ,34 Amended MOTION for Summary Judgment New date requested 5/2/2025. by Plaintiffs Jane Doe, John Doe. (Wallace, Angela) |
|
| Monday, March 31, 2025 | ||
| 34 | 34
motion
Summary Judgment
Mon 03/31 6:10 PM
Amended MOTION for Summary Judgment by Defendant Michael Asbeck. (Mezibov, Marc) |
|
|
Att: 1
Proposed Undisputed Facts
|
||
| 33 | 33
discov
Notice of Filing Deposition
Mon 03/31 5:52 PM
NOTICE OF FILING DEPOSITION of Jane Doe by Defendant Michael Asbeck. (Mezibov, Marc) |
|
|
Att: 1
Deposition of Jane Doe,
|
||
|
Att: 2
Exhibits to Deposition of Jane Doe
|
||
| 32 | 32
notice
Notice (Other)
Mon 03/31 3:22 PM
NOTICE by Defendants Archbishop Moeller High School, Archdiocese of Cincinnati re31 Notice (Other),,, Statement of Proposed Undisputed Facts in Support of Motion for Summary Judgment with "corrected Exhibit 7" (Whittaker, Faith) |
|
|
Att: 1
Exhibit 1 - Declaration of Nathan Beiersdorfer,
|
||
|
Att: 2
Exhibit 2 - Pl. Personnel Checklist,
|
||
|
Att: 3
Exhibit 3 - Declaration of Blane Collison,
|
||
|
Att: 4
Exhibit 4 - Declaration of Carl Kremer,
|
||
|
Att: 5
Exhibit 5 - Defendants' Responses to Plaintiffs' Second Discovery Requests,
|
||
|
Att: 6
Exhibit 6 - Plaintiff's Responses to Defendants' First Interrogatories and Request for Production of Documents,
|
||
|
Att: 7
Exhibit 7 - Charge of discrimination
|
||
| 31 | 31
notice
Notice (Other)
Mon 03/31 10:12 AM
[Document 30] was inadvertently filed and restricted. The party will re-file corrected pdfs. NOTICE by Defendants Archbishop Moeller High School, Archdiocese of Cincinnati re26 Notice (Other),, Statement of Proposed Undisputed Facts in Support of Motion for Summary Judgment (Whittaker, Faith) Modified docket text and document security on 3/31/2025 (eh). Modified on 3/31/2025 (eh) |
|
|
Att: 1
Exhibit 1 - Declaration of Nathan Beiersdorfer,
|
||
|
Att: 2
Exhibit 2 - Pl. Personnel Checklist,
|
||
|
Att: 3
Exhibit 3 - Declaration of Blane Collison,
|
||
|
Att: 4
Exhibit 4 - Declaration of Carl Kremer,
|
||
|
Att: 5
Exhibit 5 - Defendants' Responses to Plaintiffs' Second Discovery Requests,
|
||
|
Att: 6
Exhibit 6 - Plaintiff's Responses to Defendants' First Interrogatories and Request for Production of Documents,
|
||
|
Att: 7
Exhibit 7 - Charge of discrimination
|
||
| 30 | 30
notice
Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice)
Mon 03/31 8:59 AM
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket26 Notice (Other), and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket26 Notice (Other) as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 4/1/2025. (jmt) |
|
|
misc
Docket Annotation
Mon 03/31 8:14 AM
USB's received in Clerk's Office re27 Notice of Manual Filing and has been forwarded to the Chambers of Judge Matthew W. McFarland. (jmt) |
||
| Friday, March 28, 2025 | ||
| 29 | 29
motion
Summary Judgment
Fri 03/28 5:17 PM
MOTION for Summary Judgment and Memorandum in Support by Defendants Archbishop Moeller High School, Archdiocese of Cincinnati. (Whittaker, Faith) |
|
|
Att: 1
Supplement Summary Brief of Defendants Archdiocese of Cincinnati and Archbishop Moeller High School's Motion for Summary Judgment,
|
||
|
Att: 2
Supplement Supporting Case Law
|
||
| 28 | 28
motion
Summary Judgment
Fri 03/28 4:12 PM
MOTION for Summary Judgment by Defendant Michael Asbeck. (Mezibov, Marc) |
|
|
Att: 1
Proposed Undisputed Facts
|
||
| 27 | 27
notice
Notice (Other)
Fri 03/28 4:08 PM
NOTICE by Defendants Archbishop Moeller High School, Archdiocese of Cincinnati re26 Notice (Other),, Notice of Manual Filing (Whittaker, Faith) |
|
| 26 | 26
notice
Notice (Other)
Fri 03/28 3:56 PM
NOTICE by Defendants Archbishop Moeller High School, Archdiocese of Cincinnati Defendants Statement of Proposed Undisputed Facts in Support of Motion for Summary Judgment (Whittaker, Faith) |
|
|
Att: 1
Exhibit 1 - Declaration of Nathan Beiersdorfer,
|
||
|
Att: 2
Exhibit 2 - Plaintiff's Personnel Checklist,
|
||
|
Att: 3
Exhibit 3 - Declaration of Blane Collision,
|
||
|
Att: 4
Exhibit 4 - Declaration of Carl Kremer,
|
||
|
Att: 5
Exhibit 5 - Defendants' Responses to Plaintiffs' Second Discovery Requests,
|
||
|
Att: 6
Exhibit 6 - Plaintiff's Responses to Interrogatories and Request for Production,
|
||
|
Att: 7
Exhibit 7 - Charge of Discrimination
|
||
| 25 | 25
notice
Notice (Other)
Fri 03/28 9:12 AM
NOTICE by Defendants Archbishop Moeller High School, Archdiocese of Cincinnati to file deposition of Michael Asbeck (Whittaker, Faith) |
|
|
Att: 1
Deposition of Michael Asbeck,
|
||
|
Att: 2
Exhibit 1 -to deposition of Michael Asbeck,
|
||
|
Att: 3
Exhibit 2 - to deposition of Michael Asbeck,
|
||
|
Att: 4
Exhibit 3 - to deposition of Michael Asbeck,
|
||
|
Att: 5
Exhibit 4 - to deposition of Michael Asbeck,
|
||
|
Att: 6
Exhibit 5 - to deposition of Michael Asbeck,
|
||
|
Att: 7
Exhibit 6 - to deposition of Michael Asbeck
|
||
| Thursday, March 27, 2025 | ||
| 24 | 24
notice
Notice (Other)
Thu 03/27 12:18 PM
NOTICE by Defendant Michael Asbeck Notice of Filing Deposition of Jane Doe (Mezibov, Marc) |
|
|
Att: 1
Exhibit Deposition of Jane Doe,
|
||
|
Att: 2
Exhibit Exhibits 1-8
|
||
|
order
Order on Motion for Leave to File
Thu 03/27 3:42 PM
NOTATION ORDER: This matter is before the Court on Defendant Archdiocese of Cincinnati's Unopposed Motion for Leave to Memorandum in Excess of Twenty Pages (Doc.23 ). For good cause, the motion is GRANTED. Defendant Archdiocese of Cincinnati may file its Memorandum in Support of its Motion for Summary Judgment by 03/30/2025. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/27/2025. (kaf) |
||
| Wednesday, March 26, 2025 | ||
| 23 | 23
motion
Leave to File Document
Wed 03/26 3:50 PM
Unopposed MOTION for Leave to File Memorandum in Support of Motion for Summary Judgment in Excess of Twenty Pages by Defendant Archdiocese of Cincinnati. (Whittaker, Faith) |
|
| Friday, February 28, 2025 | ||
| 22 | 22
notice
Notice (Other)
Fri 02/28 9:48 PM
NOTICE by Plaintiffs Jane Doe, John Doe re21 Notice (Other) Amended Notice of Deposition of Michael Asbeck (Wallace, Angela) |
|
| Friday, February 21, 2025 | ||
| 21 | 21
notice
Notice (Other)
Fri 02/21 3:32 PM
NOTICE by Plaintiffs Jane Doe, John Doe of Deposition of Michael Asbeck (Wallace, Angela) |
|
| Wednesday, February 05, 2025 | ||
| 20 | 20
notice
Notice of Appearance
Wed 02/05 11:57 AM
NOTICE of Appearance by Jonathan Kelly for Defendants Archbishop Moeller High School, Archdiocese of Cincinnati (Kelly, Jonathan) |
|
| Friday, January 31, 2025 | ||
| 19 | 19
notice
Notice (Other)
Fri 01/31 4:19 PM
NOTICE by Plaintiffs Jane Doe, John Doe Subpoena Return on Diocese of Columbus (Wallace, Angela) |
|
| Wednesday, January 29, 2025 | ||
| 18 | 18
notice
Notice (Other)
Wed 01/29 3:56 PM
NOTICE by Plaintiffs Jane Doe, John Doe Subpoena Return on Shaker Run Golf Club (Wallace, Angela) |
|
| Monday, December 09, 2024 | ||
|
order
Cincinnati Preliminary Pretrial Order ~Util - Terminate Motions
Mon 12/09 3:32 PM
NOTATION ORDER: For good cause, the parties' Joint Motion for Extension (Doc.17 ) is GRANTED. The Calendar Order (Doc.9 ) is AMENDED as follows: Discovery due by February 28, 2025. Dispositive motions due by March 30, 2025. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 12/09/2024. (kaf) |
||
| Thursday, December 05, 2024 | ||
| 17 | 17
motion
Extension of Time to Complete Discovery
Thu 12/05 10:47 AM
Joint MOTION for Extension of Time to Complete Discovery New date requested 2/28/2025. by Defendants Archdiocese of Cincinnati, Archbishop Moeller High School. (Griffin, Louise) |
|
| Thursday, August 29, 2024 | ||
|
order
Cincinnati Preliminary Pretrial Order ~Util - Terminate Motions
Thu 08/29 1:59 PM
NOTATION ORDER: For good cause, the parties' Joint Motion for Extension (Doc.16 ) is GRANTED. The Calendar Order (Doc.9 ) is AMENDED as follows: Discovery due by 12/30/2024. Dispositive motions due by 1/30/2025. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 08/29/2024. (kaf) |
||
| Wednesday, August 28, 2024 | ||
| 16 | 16
motion
Extension of Time
Wed 08/28 12:07 PM
Joint MOTION for Extension of Time New date requested 12/30/2024. by Defendants Archbishop Moeller High School, Archdiocese of Cincinnati, Michael Asbeck. (Griffin, Louise) |
|
|
Att: 1
Text of Proposed Order Order Granting Joint Motion to Extend Deadlines
|
||
| Wednesday, June 05, 2024 | ||
| 15 | 15
10
pgs
order
Order on Motion for Judgment on the Pleadings
Wed 06/05 3:21 PM
ORDER AND OPINION: 1. Defendant Michael Asbeck's Motion for Judgment on the Pleadings (Doc.11 ) is GRANTED IN PART AND DENIED IN PART; 2. Judgment is ENTERED in favor of Asbeck on Plaintiffs' Intentional Infliction of Emotional Distress claim only as it applies to Asbeck's alleged physical assault of Mrs. Doe; and 3. The portion of Plaintiffs' Intentional Infliction of Emotional Distress claim arising from As beck's alleged sexual harassment of Mrs. Doe SHALL PROCEED. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/05/2024. (kaf) |
|
| Tuesday, January 30, 2024 | ||
| 14 | 14
19
pgs
order
Order
Tue 01/30 12:56 PM
STIPULATED PROTECTIVE ORDER. Signed by Judge Matthew W. McFarland on 01/29/2024. (kaf) |
|
| Friday, December 01, 2023 | ||
| 13 | 13
respm
Reply to Response to Motion
Fri 12/01 4:54 PM
REPLY to Response to Motion re11 MOTION for Judgment on the Pleadings filed by Defendant Michael Asbeck. (Gleason, Dennis) |
|
| Friday, November 17, 2023 | ||
| 12 | 12
respm
Response in Opposition to Motion
Fri 11/17 2:15 PM
RESPONSE in Opposition re11 MOTION for Judgment on the Pleadings filed by Plaintiffs Jane Doe, John Doe. (Wallace, Angela) |
|
| Monday, November 13, 2023 | ||
|
order
Order Set Motion and R&R Deadlines/Hearings
Mon 11/13 10:16 AM
NOTATION ORDER: This matter is before the Court following correspondence from the parties. For good cause, Plaintiffs' unopposed request to extend the deadline to respond to Defendant Michael Ashbeck's Motion for Judgment on the Pleadings (Doc.11 ) is GRANTED. Plaintiffs may file a response in opposition to the motion by November 17, 2023. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 11/13/2023. (kaf) |
||
| Friday, October 13, 2023 | ||
| 11 | 11
motion
Judgment on the Pleadings
Fri 10/13 3:16 PM
MOTION for Judgment on the Pleadings by Defendant Michael Asbeck. (Mezibov, Marc) |
|
| 10 | 10
notice
Notice of Appearance
Fri 10/13 3:01 PM
NOTICE of Appearance by Dennis Antonio Gleason for Defendant Michael Asbeck (Gleason, Dennis) |
|
| Wednesday, September 13, 2023 | ||
| 9 | 9
order
Cincinnati Preliminary Pretrial Order
Wed 09/13 1:40 PM
CALENDAR ORDER: Initial Disclosures due by 9/27/2023. Protective Order due by 10/31/2023. Motions to amend pleadings/add parties due by 12/1/2023. Motions related to pleadings due by 1/2/2024. Non-Expert (Fact) Witnesses due by 2/1/2024. Settlement Demand due by 4/1/2024. Responses due by 5/1/2024. Plaintiffs' Primary Experts due by 3/1/2024. Defendants' Primary Experts due by 5/1/2024. Rebuttal Experts due by 7/1/2024. Discovery due by 9/2/2024. Dispositive motions due by 10/2/2024. Signed by Judge Matthew W. McFarland on 09/13/2023. (kaf) |
|
|
minutes
Telephone Conference
Wed 09/13 1:30 PM
Minute Entry for proceedings held before Judge Matthew W. McFarland: Preliminary Pretrial Conference held on 09/13/2023. Present by phone were Attorney Angela Wallace, counsel for Plaintiff, Attorneys Louise Griffen and Faith Whittaker, counsel for Defendants Archdiocese of Cincinnati and Archbishop Moeller High School, and Attorney Marc D. Mezibov, counsel for Defendant Michael Asbeck. The Court discussed the status of the case with counsel. A calendar order will be filed by separate docket entry. (kaf) |
||
| Wednesday, September 06, 2023 | ||
| 8 | 8
misc
Rule 26(f) Report
Wed 09/06 10:54 AM
RULE 26(f) REPORT Joint Discovery Plan by Defendants Archbishop Moeller High School, Archdiocese of Cincinnati. (Griffin, Louise) |
|
| Friday, June 09, 2023 | ||
| 7 | 7
answer
Answer to Complaint
Fri 06/09 3:34 PM
Defendant's ANSWER to4 Complaint filed by Michael Asbeck. (Mezibov, Marc) |
|
| 6 | 6
notice
Notice of Appearance
Fri 06/09 3:12 PM
NOTICE of Appearance by Marc D. Mezibov for Defendant Michael Asbeck (Mezibov, Marc) |
|
| Tuesday, May 30, 2023 | ||
| 5 | 5
answer
Answer to Complaint
Tue 05/30 5:46 PM
ANSWER to4 Complaint filed by Archbishop Moeller High School, Archdiocese of Cincinnati. (Griffin, Louise) |
|
| Thursday, May 25, 2023 | ||
| 4 | 4
cmp
Complaint
Thu 05/25 10:33 AM
COMPLAINT with JURY DEMAND against Archbishop Moeller High School, Archdiocese of Cincinnati, Michael Asbeck, filed by Jane Doe, John Doe in the Hamilton County Court of Common Pleas Case A2301677 on 04/21/2023. (bjc) |
|
|
misc
Docket Annotation
Thu 05/25 10:35 AM
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc) |
||
| Wednesday, May 24, 2023 | ||
| 3 | 3
misc
Corporate Disclosure Statement
Wed 05/24 5:57 PM
Corporate Disclosure Statement by Defendant Archbishop Moeller High School. (Griffin, Louise) |
|
| 2 | 2
misc
Corporate Disclosure Statement
Wed 05/24 5:56 PM
Corporate Disclosure Statement by Defendant Archdiocese of Cincinnati. (Griffin, Louise) |
|
| 1 | 1
notice
Notice of Removal
Wed 05/24 5:52 PM
NOTICE OF REMOVAL from Hamilton County Court of Common Pleas, case number A2301677 ( Filing fee $ 402 paid - receipt number: AOHSDC-9438001), filed by Archbishop Moeller High School, Archdiocese of Cincinnati. (Griffin, Louise) |
|
|
Att: 1
Civil Cover Sheet Civil Cover Sheet,
|
||
|
Att: 2
Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet,
|
||
|
Att: 3
13 pgs
Exhibit Exhibit A,
|
||
|
Att: 4
Exhibit Exhibit B,
|
||
|
Att: 5
Exhibit Exhibit C
|
||