Simrell v. Dave White Chevrolet, LLC et al
| Ohio Northern District Court | |
| Judge: | Jack Zouhary |
| Case #: | 3:23-cv-01382 |
| Nature of Suit | 445 Civil Rights - Amer w/Disabilities-Employment |
| Cause | 42:12131 Americans with Disabilities |
| Case Filed: | Jul 18, 2023 |
| Terminated: | Dec 05, 2024 |
| Last checked: Sunday Jan 14, 2024 6:13 AM EST |
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Defendant
Dave White Chevrolet, Inc.
1000 Jackson Street
Toledo, OH 43624 |
Represented By
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Defendant
Dave White Chevrolet, LLC
6480 Monroe Street
Sylvania, OH 43560 |
Represented By
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Plaintiff
Douglas W. Simrell
4656 W. Sylvania Avenue Apt. 203
Toledo, OH 43623 |
Represented By
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GPO
Oct 03 2023
Order denying Defendants' Motion to dismiss as moot. (Related Doc # 4). Judge Jeffrey J. Helmick on 10/3/2023.(M,SM) |
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GPO
May 29 2024
Memorandum Opinion and Order granting Plaintiff's motion for leave to file a supplemental notice of authority, (Doc. No. 13), and denying Defendants' motion to dismiss. (Doc. No. 8). Judge Jeffrey J. Helmick on 5/29/2024. (M,SM) |
| Docket last updated: 05/04/2025 11:59 PM EDT |
| Thursday, December 05, 2024 | ||
| 31 | 31
1
pgs
order
Order
Thu 12/05 12:40 PM
CORRECTED DISMISSAL ORDER . Settlement Conference held on December 3, 2024 resulted in a settlement. Settled and dismissed without prejudice. Defendants to bear federal court costs. Any subsequent Dismissal with prejudice filed within 30 days shall supersede this Order. This Court also retains jurisdiction to enforce the terms of the settlement. Judge Jack Zouhary on 12/5/2024. (Court Reporter: Stacey Kiprotich) (3 hours, 30 mins) (V,S) |
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| 30 | 30
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pgs
order
Order Dismissing Case Minute Order _ Settlement Conference
Thu 12/05 11:26 AM
DISMISSAL ORDER . Settlement Conference held on December 3, 2024 resulted in a settlement. Settled and dismissed without prejudice. Each party is to bear its own costs. Any subsequent Dismissal with prejudice filed within 30 days shall supersede this Order. This Court also retains jurisdiction to enforce the terms of the settlement. Judge Jack Zouhary on 12/5/2024. (Court Reporter: Stacey Kiprotich) (3 hours, 30 mins) (V,S) |
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| Wednesday, December 04, 2024 | ||
| 29 | 29
1
pgs
order
Order reassigning case
Wed 12/04 11:29 AM
Order of Reassignment . Pursuant to Local Civil Rule 3.1(b)(5), with the concurrence of Judge Jack Zouhary and the approval of Chief Judge Sara Lioi, this case shall be transferred to the docket of Judge Jack Zouhary to conduct all further proceedings. Judge Jeffrey J. Helmick on 12/4/2024. (D,L) |
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utility
Add and Terminate Judge
Wed 12/04 12:40 PM
Judge Jack Zouhary assigned as Presiding Judge on case. Judge Jeffrey J. Helmick terminated. (R,EM) |
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| Monday, October 28, 2024 | ||
| 28 | 28
minutes
~Util - Set Hearings Minute Order _ Telephone Conference
Mon 10/28 3:13 PM
ORDER. Phone Status Conference held on 10/28/2024. This Court set a settlement conference for Tuesday, December 3, 2024 at 10:30 AM before the Honorable Jack Zouhary, United States District Judge, at the United District Court, 1716 Spielbusch, Annex Suite 485, Toledo, Ohio. Lead counsel and parties, or a representative with full authority to negotiate and settle shall appear at the conference. Each party shall submit an ex parte statement summarizing theirrespective settlement position to Chambers (zouhary_chambers@ohnd.uscourts.gov) by Tuesday, November 26, 2024 . The statement shall not become part of the case record. Judge Jack Zouhary on 10/28/2024. (10 mins) (D,L) |
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| Thursday, October 24, 2024 | ||
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oth_evt
Notice of Hearing or Conference
Thu 10/24 11:25 AM
Notice [non-document] of Phone Conference set for Monday, October 28, 2024 at 2:30 PM before Judge Jack Zouhary. Counsel shall call the District Court conference line (to be emailed) |
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| Wednesday, October 23, 2024 | ||
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order
Order Order of Referral to Judicial Officer for Mediation or Settlement
Wed 10/23 3:40 PM
Order [non-document] referring case to United States District Judge Jack Zouhary for mediation. Judge Jeffrey J. Helmick on 10/23/2024. (M,SM) |
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| Friday, October 18, 2024 | ||
| 27 | 27
minutes
1 - Terminate Deadlines and Hearings Minute Order _ Telephone Conference
Fri 10/18 2:47 PM
Order of Telephone Conference held on 10/17/2024. Time: 10 minutes. The parties shall notify my chambers via email (helmick_chambers@ohnd.uscourts.gov) of their preferences, if any, with respect to mediation by October 25, 2024. Judge Jeffrey J. Helmick on 10/17/2024. (M,SM) |
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| Monday, September 30, 2024 | ||
| 26 | 26
notice
Notice (atty event)
Mon 09/30 4:11 PM
Plaintiff's Amended Notice of Expert Disclosure filed by Douglas W. Simrell.(Albrechta, Joseph) |
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Att: 1
Affidavit Affidavit of Steven Kalniz
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| 25 | 25
notice
Notice (atty event)
Mon 09/30 9:41 AM
Plaintiff's Notice of Expert Disclosure filed by Douglas W. Simrell.(Albrechta, Joseph) |
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Att: 1
Affidavit Affidavit of Steven Kalniz
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| Monday, September 16, 2024 | ||
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order
Order on Motion to vacate
Mon 09/16 11:06 AM
Order [non-document] granting Defendants' unopposed motion to vacate and reschedule the October 16, 2024 telephone status conference. This conference will now be held on October 17, 2024, at 11:30 AM with counsel to call the court's bridge line 877-411-9748, access code 1231873. In the interest of efficiency, should counsel for either side have a conflict at this time, they shall jointly contact my chambers to reschedule the conference rather than filing a further motion for this relief. . Judge Jeffrey J. Helmick on 9/16/2024.(M,SM) |
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| Wednesday, September 11, 2024 | ||
| 24 | 24
motion
Vacate
Wed 09/11 4:53 PM
Unopposed Motion to vacate and Reschedule October 16, 2024, Telephone Conference filed by Dave White Chevrolet, Inc., Dave White Chevrolet, LLC. (Calamunci, Anthony) |
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| Tuesday, July 23, 2024 | ||
| 23 | 23
notice
Notice (atty event)
Tue 07/23 4:47 PM
Notice to Withdraw as Co-Counsel for Plaintiff filed by Douglas W. Simrell. (Albrechta, Eleni) |
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| Monday, July 22, 2024 | ||
| 22 | 22
order
Stipulation & Order
Mon 07/22 10:48 AM
Stipulation & Order to transfer discovery. re20 . Judge Jeffrey J. Helmick on 7/22/2024. (M,SM) |
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order
Order on Motion to withdraw as attorney
Mon 07/22 10:50 AM
Order [non-document] granting attorney David T.A. Albrechta's Motion to withdraw as Plaintiff's counsel. . Judge Jeffrey J. Helmick on 7/22/2024.(M,SM) |
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| Friday, July 19, 2024 | ||
| 21 | 21
motion
Withdraw as Attorney
Fri 07/19 1:49 PM
Motion by David T. Albrechta to withdraw as attorney filed by Plaintiff Douglas W. Simrell. (Albrechta, David) |
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| Thursday, July 18, 2024 | ||
| 20 | 20
notice
Stipulation (atty event)
Thu 07/18 2:45 PM
Proposed Stipulation to Transfer Discovery filed by Douglas W. Simrell. (Albrechta, Joseph) |
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| Wednesday, July 03, 2024 | ||
| 19 | 19
order
Minute Order _ Case Management Conference
Wed 07/03 10:20 AM
Order of Case Management Conference held on 7/3/2024. Time: 10 minutes. Case is assigned to the standard track. Fact Discovery due by 5/30/2025. Telephone Conference set for 10/16/2024, at 11:30 AM, with counsel to call the court's bridge line at 877-411-9748, access code 1231873. Judge Jeffrey J. Helmick on 7/3/2024. (M,SM) |
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| Thursday, June 20, 2024 | ||
| 18 | 18
notice
Report of Parties Planning Meeting (atty event)
Thu 06/20 4:15 PM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Douglas W. Simrell. (Albrechta, Joseph) |
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| 17 | 17
answer
Answer to Amended Complaint
Thu 06/20 11:42 AM
Answer to5 Amended complaint, filed by Dave White Chevrolet, Inc., Dave White Chevrolet, LLC. (Calamunci, Anthony) |
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| Wednesday, May 29, 2024 | ||
| 16 | 16
order
Case Management Conference Scheduling Order
Wed 05/29 9:37 AM
Case Management Conference Scheduling Notice : Case management conference to be held on 7/3/2024 at 09:30 AM before Judge Jeffrey J. Helmick. Counsel to call the court's bridge line at 877-411-9748, access code 1231873.(M,SM) |
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Att: 1
Report of Parties' Planning Meeting
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| 15 | 15
minutes
~Util - Terminate Motions Memorandum Opinion and Order
Wed 05/29 9:26 AM
Memorandum Opinion and Order granting Plaintiff's motion for leave to file a supplemental notice of authority, (Doc. No.13 ), and denying Defendants' motion to dismiss. (Doc. No.8 ). Judge Jeffrey J. Helmick on 5/29/2024. (M,SM) |
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| Tuesday, March 12, 2024 | ||
| 14 | 14
resp
Response
Tue 03/12 2:34 PM
Response to13 Motion for leave to File Notice of Supplemental Authority filed by All Defendants. (Calamunci, Anthony) |
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| Friday, March 01, 2024 | ||
| 13 | 13
motion
Leave
Fri 03/01 11:39 AM
Motion for leave to File Notice of Supplemental Authority filed by Plaintiff Douglas W. Simrell. Related document(s)9 .(Albrechta, Joseph) |
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Att: 1
Exhibit Notice of Filing State Statutory Authority,
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Att: 2
Exhibit Statutory Authority
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| Monday, November 06, 2023 | ||
| 12 | 12
notice
Initial Disclosures (atty event)
Mon 11/06 2:05 PM
Initial Disclosures filed by Douglas W. Simrell. (Albrechta, Joseph) |
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| 11 | 11
notice
Corporate Disclosure Statement (atty event)
Mon 11/06 12:55 PM
Corporate Disclosure Statement filed by Dave White Chevrolet, Inc.. (Calamunci, Anthony) |
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| 10 | 10
notice
Corporate Disclosure Statement (atty event)
Mon 11/06 12:54 PM
Corporate Disclosure Statement filed by Dave White Chevrolet, LLC. (Calamunci, Anthony) |
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oth_evt
Notice of Failure to File Corporate Disclosure Statement
Mon 11/06 11:59 AM
Notice by Clerk that Dave White Chevrolet, Inc., & Dave White Chevrolet, LLC failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (K,AR) |
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| Wednesday, November 01, 2023 | ||
| 9 | 9
resp
Response
Wed 11/01 12:51 PM
Response to8 Motion to Dismiss Plaintiff Douglas W. Simrell's First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)91)(6) with Memorandum in Support filed by Douglas W. Simrell. (Albrechta, Joseph) |
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| Thursday, October 19, 2023 | ||
| 8 | 8
motion
Dismiss
Thu 10/19 3:24 PM
Motion to Dismiss Plaintiff Douglas W. Simrell's First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)91)(6) with Memorandum in Support filed by Dave White Chevrolet, Inc., Dave White Chevrolet, LLC. Related document(s)5 . (Calamunci, Anthony) |
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| Tuesday, October 03, 2023 | ||
| 7 | 7
1
pgs
order
Order on Motion to dismiss
Tue 10/03 4:29 PM
Order denying Defendants' Motion to dismiss as moot. . Judge Jeffrey J. Helmick on 10/3/2023.(M,SM) |
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| Thursday, September 28, 2023 | ||
| 6 | 6
resp
Response
Thu 09/28 11:23 AM
Response to4 Motion to Dismiss Complaint with Memorandum in Support filed by Douglas W. Simrell. (Albrechta, Joseph) |
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| 5 | 5
cmp
Amended Complaint
Thu 09/28 11:21 AM
First Amended complaint against All Defendants. Filed by Douglas W. Simrell. (Albrechta, Joseph) |
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Att: 1
Exhibit Notice of Right to Sue,
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Att: 2
Exhibit Worksharing Agreement,
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Att: 3
Exhibit Termination Report,
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Att: 4
Exhibit Affidavit of Allison Paxton,
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Att: 5
Exhibit Record of Proceedings
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| Friday, September 15, 2023 | ||
| 4 | 4
motion
Dismiss
Fri 09/15 11:12 AM
Motion to dismiss filed by Dave White Chevrolet, Inc., Dave White Chevrolet, LLC. Related document(s)1 . (Calamunci, Anthony) |
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| Monday, July 24, 2023 | ||
| 3 | 3
service
Waiver of Service Executed
Mon 07/24 9:24 AM
Waiver of Service Returned Executed by Douglas W. Simrell. All Defendants filed on behalf of Douglas W. Simrell (Albrechta, Joseph) |
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| Tuesday, July 18, 2023 | ||
| 2 | 2
oth_evt
Magistrate Consent Form Issued by Intake
Tue 07/18 2:19 PM
Magistrate Consent Form issued. No Summons issued none were provided. (K,AR) |
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| 1 | 1
cmp
Complaint
Tue 07/18 1:07 PM
Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-12090982.. Filed by Douglas W. Simrell. (Albrechta, Joseph) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit Notice of Right to Sue,
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Att: 3
Exhibit Termination Report,
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Att: 4
Exhibit Affidavit,
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Att: 5
Exhibit Record of Proceedings,
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Att: 6
Waiver of Service of Summons,
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Att: 7
Waiver of Service of Summons
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utility
Add and Terminate Judge
Tue 07/18 2:14 PM
Judge Jeffrey J. Helmick assigned to case. (K,AR) |
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oth_evt
Random Assignment of Magistrate Judge
Tue 07/18 2:15 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 Darrell A. Clay. (K,AR) |
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oth_evt
Notice re Prompt Service
Tue 07/18 2:19 PM
Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant. Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (K,AR) |
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