Brown-Austin v. Chambers-Smith et al
| Ohio Southern District Court | |
| Judge: | Michael R Barrett |
| Case #: | 1:23-cv-00475 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jul 27, 2023 |
| Terminated: | Aug 09, 2024 |
| Last checked: Tuesday Jan 23, 2024 4:09 AM EST |
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Defendant
Annette Chambers-Smith
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Represented By
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Defendant
Deputy Warden
In his personal and professional capacity NORTHEAST OHIO CORRECTIONAL CENTER 2240 HUBBARD ROAD
YOUNGSTOWN, OH 44505 |
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Defendant
Unit Manager Douglass
In her Personal and Professional Capacity NORTHEAST OHIO CORRECTIONAL CENTER 2240 HUBBARD ROAD
YOUNGSTOWN, OH 44505 |
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Defendant
Core Civic Corporation
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Represented By
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Defendant
Doug Fender
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Represented By
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Defendant
Assistant Investigator Wyman
In his Personal and Professional Capcaity NORTHEAST OHIO CORRECTIONAL CENTER 2240 HUBBARD ROAD
YOUNGSTOWN, OH 44505 |
Represented By
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Defendant
Former Warden David Bobby
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Defendant
Cynthia Davis
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Defendant
Chief Inspector Chris Lambert
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Represented By
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Defendant
J. Oppy
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Defendant
Ryan Rush
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Plaintiff
Yusuf Brown-Austin
SOUTHERN OHIO CORRECTIONAL FACILITY P.O. Box 45699
Lucasville, OH 45699 |
Represented By
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| Docket last updated: 3 hours ago |
| Friday, August 09, 2024 | ||
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utility
Terminate Civil Case
Fri 08/09 12:41 PM
***Civil Case Terminated. (kkz) |
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| Thursday, August 08, 2024 | ||
| 44 | 44
notice
Notice of Voluntary Dismissal
Thu 08/08 9:14 AM
NOTICE of Voluntary Dismissal by Plaintiff Yusuf Brown-Austin (Allen, Eric) |
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| Thursday, July 11, 2024 | ||
| 43 | 43
notice
Notice (Other)
Thu 07/11 4:52 PM
NOTICE by Defendants Doug Fender, Investigator Wyman re39 MOTION to Strike37 Response to Motion, [for Summary Disposition) (Bojanowski, Timothy) |
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| Monday, July 01, 2024 | ||
| 42 | 42
4
pgs
order
Order on Motion for Extension of Time
Mon 07/01 1:35 PM
ORDER denying31 Plaintiff's Motion to Extend Time to Perfect Service. Signed by Judge Michael R. Barrett on 7/1/2024. (kkz) |
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| Wednesday, June 26, 2024 | ||
| 41 | 41
2
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 06/26 12:13 PM
ORDER denying as moot9 and11 Motions to Dismiss for Failure to State a Claim. Signed by Judge Michael R. Barrett on 6/26/2024. (zmc) |
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| Monday, June 24, 2024 | ||
| 40 | 40
respm
Reply to Response to Motion
Mon 06/24 4:20 PM
REPLY to Response to Motion re25 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint filed by Defendants Annette Chambers-Smith, Chris Lambert, Interested Party State of Ohio. (McKitrick, D.) |
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| Wednesday, June 19, 2024 | ||
| 39 | 39
motion
Strike
Wed 06/19 7:39 PM
MOTION to Strike37 Response to Motion, by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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| Thursday, June 13, 2024 | ||
| 38 | 38
respm
Response to Motion
Thu 06/13 6:57 PM
RESPONSE to Motion re25 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint filed by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| 37 | 37
respm
Response to Motion
Thu 06/13 5:45 PM
RESPONSE to Motion re26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint for Relief Under 42 U.S.C. 1983 & 1985] filed by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| 36 | 36
respm
Response in Opposition to Motion
Thu 06/13 1:15 PM
RESPONSE in Opposition re34 MOTION for Extension of Time to File Response/Reply New date requested 6/14/2024. filed by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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Att: 1
Exhibit A - Email from PLF counsel 6-12-24
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misc
Notice of Corrective Docket Entry
Thu 06/13 1:31 PM
Notice of Correction re: 35 Response to Motion has been restricted and refiled as36 Response in Opposition to Motion to correct the event. (zmc) |
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| Wednesday, June 12, 2024 | ||
| 35 | 35
respm
Response to Motion
Wed 06/12 4:11 PM
RESPONSE to Motion re34 MOTION for Extension of Time to File Response/Reply New date requested 6/14/2024. filed by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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Att: 1
Exhibit A - Email from PLF counsel 6-12-24
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| 34 | 34
motion
Extension of Time to File Response/Reply
Wed 06/12 10:41 AM
MOTION for Extension of Time to File Response/Reply New date requested 6/14/2024. by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| Tuesday, June 11, 2024 | ||
| 33 | 33
motion
Miscellaneous Relief
Tue 06/11 2:44 PM
MOTION for Disposition of Motion to Dismiss (Dkt. 26) re26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint for Relief Under 42 U.S.C. 1983 & 1985] by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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| Friday, June 07, 2024 | ||
| 32 | 32
respm
Response to Motion
Fri 06/07 7:38 PM
RESPONSE to Motion re31 MOTION for Extension of Time New date requested 7/29/2024. filed by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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| 31 | 31
motion
Extension of Time
Fri 06/07 9:43 AM
MOTION for Extension of Time New date requested 7/29/2024. by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| Friday, May 10, 2024 | ||
| 30 | 30
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Fri 05/10 4:37 PM
ORDER granting29 Motion to Extend Time to File Responses. Responses to Defendants' Motions to Dismiss are due on or before 6/10/2024. Signed by Judge Michael R. Barrett on 5/10/2024. (kkz) |
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| Thursday, May 09, 2024 | ||
| 29 | 29
motion
Extension of Time to File Response/Reply
Thu 05/09 7:47 AM
Final MOTION for Extension of Time to File Response/Reply New date requested 6/9/2024. by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| Wednesday, April 24, 2024 | ||
| 28 | 28
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 04/24 1:50 PM
ORDER granting27 Plaintiff's Motion to Extend Time to File Responses. Plaintiff shall file any responses to Defendants' Motions to Dismiss on or before 5/9/2024. Signed by Judge Michael R. Barrett on 4/24/2024. (kkz) |
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| Tuesday, April 09, 2024 | ||
| 27 | 27
motion
Extension of Time to File Response/Reply
Tue 04/09 10:45 AM
MOTION for Extension of Time to File Response/Reply New date requested 5/9/2024. by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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notice
Notice Terminating Deadlines/Hearings
Tue 04/09 12:12 PM
NOTICE TERMINATING DEADLINES/HEARINGS - Please be aware that the Hearing on8 Motion for Preliminary Injunction set for 4/17/2024 is hereby TERMINATED date to be reset as necessary. (kkz) |
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| Tuesday, March 26, 2024 | ||
| 26 | 26
motion
Dismiss for Failure to State a Claim
Tue 03/26 8:40 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint for Relief Under 42 U.S.C. 1983 & 1985] by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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| 25 | 25
motion
Dismiss for Failure to State a Claim
Tue 03/26 3:52 PM
Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint by Defendants Annette Chambers-Smith, Chris Lambert, Interested Party State of Ohio. (McKitrick, D.) |
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| Tuesday, March 12, 2024 | ||
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minutes
Status Conference ~Util - Terminate Motions
Tue 03/12 1:52 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/12/2024; no appearance for Plaintiff; D. Chadd McKitrick and Marcy Vonderwall appeared for ODRC Defendants; Timothy Bojanowski appeared for Core Civic Corporation Defendants;8 MOTION for Preliminary Injunction by Plaintiff Yusuf Brown-Austin is STAYED pending a decision on Defendants Motions to Dismiss;16 MOTION to Stay Briefing on the motion to dismiss is DENIED;17 AMENDED COMPLAINT is DEEMED as being properly filed; accordingly,18 Defendants MOTION to Strike17 Amended Complaint is DENIED; Defendants shall have fourteen (14) days to file any supplemental briefing on their Motions to Dismiss in order to respond to the Second Amended Complaint; Plaintiffs response is due according to the normal response time; and therefore Plaintiffs24 MOTION for Extension of Time is DENIED as MOOT. (bjc) |
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| Monday, February 26, 2024 | ||
| 24 | 24
motion
Extension of Time to File Response/Reply
Mon 02/26 1:15 PM
MOTION for Extension of Time to File Response/Reply New date requested 3/1/2024. by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| Friday, February 23, 2024 | ||
| 23 | 23
respm
Reply to Response to Motion
Fri 02/23 12:22 PM
REPLY to Response to Motion re18 MOTION to Strike17 Amended Complaint, [Defendants' Motion to Strike Plaintiff's Second Amended Complaint for Relief Under 42 U.S.C. 1983 and 1985 (Dkt. 17) [Defendants' Joint Reply in Support of Defendants' Motion to Strike Plaintiff's Second Amended Complaint (Dkt. 18)] filed by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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| Thursday, February 15, 2024 | ||
| 22 | 22
notice
Notice (Other)
Thu 02/15 5:17 PM
NOTICE by Defendants Doug Fender, Investigator Wyman [Defendants' Notice of Service of Discovery] (Bojanowski, Timothy) |
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| Friday, February 09, 2024 | ||
| 21 | 21
respm
Response to Motion
Fri 02/09 11:54 AM
RESPONSE to Motion re18 MOTION to Strike17 Amended Complaint, [Defendants' Motion to Strike Plaintiff's Second Amended Complaint for Relief Under 42 U.S.C. 1983 and 1985 (Dkt. 17) filed by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| Tuesday, January 30, 2024 | ||
| 20 | 20
notice
Notice (Other)
Tue 01/30 4:02 PM
NOTICE by Defendants Doug Fender, Investigator Wyman [Defendants' Notice of Service] (Bojanowski, Timothy) |
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| Friday, January 26, 2024 | ||
| 19 | 19
respm
Response in Opposition to Motion
Fri 01/26 1:28 PM
RESPONSE in Opposition re16 MOTION to Stay Briefing on the motion to dismiss [Defendants' Memorandum in Opposition to Plaintiff's Motion to Stay (Dkt. 16)] filed by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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| 18 | 18
motion
Strike
Fri 01/26 1:24 PM
MOTION to Strike17 Amended Complaint, [Defendants' Motion to Strike Plaintiff's Second Amended Complaint for Relief Under 42 U.S.C. 1983 and 1985 (Dkt. 17) by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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| Monday, January 15, 2024 | ||
| 17 | 17
cmp
Amended Complaint
Mon 01/15 3:27 PM
AMENDED COMPLAINT against All Defendants, filed by Yusuf Brown-Austin. (Allen, Eric) |
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Att: 1
Affidavit Sworn statement,
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Att: 2
Affidavit Sworn statement,
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Att: 3
Affidavit Sworn statement,
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Att: 4
Affidavit Sworn statement,
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Att: 5
Affidavit Sworn statement
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| Friday, January 12, 2024 | ||
| 16 | 16
motion
Stay
Fri 01/12 10:28 AM
MOTION to Stay Briefing on the motion to dismiss by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| Friday, January 05, 2024 | ||
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minutes
Status Conference ~Util - Set Hearings ~Util - Set Deadlines ~Util - Set Motion and R&R Deadlines/Hearings
Fri 01/05 11:25 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/5/2024; Eric Allen appeared for Plaintiff; D. Chadd McKitrick and Marcy Vonderwall appeared for ODRC Defendants; Timothy Bojanowski appeared for Core Civic Corporation Defendants; the parties agree on the following deadlines and hearing dates: 1/16/2024 Plaintiff's witness disclosure due; 1/30/2024 Defedant's witness disclosure due; Written discovery regarding the8 MOTION for Preliminary Injunction due 2/15/2024; any Response to written discovery due 3/15/2024; depositions shall occur between 2/1/2024 and 3/29/2024; a Status Conference is set for 3/12/2024 at 10:30 AM by Teleconference before Judge Michael R. Barrett; a Hearing as to8 MOTION for Preliminary Injunction is set for 4/17/2024 at 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 10/27/2023 for conferencing instructions. (kkz) |
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| Friday, December 15, 2023 | ||
| 15 | 15
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Fri 12/15 11:37 AM
ORDER - This matter is before the Court upon Plaintiffs Motion to Extend Time to File Response. (Doc.14 ). For good cause shown, Plaintiffs Motion is hereby GRANTED. Plaintiff shall file any response to Defendants Motions to dismiss on or before January 15, 2024. Signed by Judge Michael R. Barrett on 12/15/2023. (bjc) |
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| Thursday, December 14, 2023 | ||
| 14 | 14
motion
Extension of Time to File Response/Reply
Thu 12/14 9:03 AM
Second MOTION for Extension of Time to File Response/Reply New date requested 1/15/2024. by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| Thursday, December 07, 2023 | ||
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minutes
Status Conference ~Util - Set Hearings
Thu 12/07 12:07 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 12/7/2023; Eric Allen appeared for Plaintiff; D. Chadd McKitrick and Marcy Vonderwall appeared for ODRC Defendants; Timothy Bojanowski appeared for Core Civic Corporation Defendants; parties to confer and agree on scheduling and format of motion hearing; a Scheduling Conference is set for 1/5/2024 at 10:30 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 10/27/2023 for conferencing instructions. (kkz) |
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| Tuesday, December 05, 2023 | ||
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minutes
Status Conference ~Util - Set Hearings
Tue 12/05 11:32 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 12/5/2023; Counsel for plaintiff did not appear; Chadd McKitrick and Marcy Vonderwell appeared for ODRC Defendants; Timothy Bojanowski appeared for Core Civic Corporation Defendants; the Status Conference is reset for 12/7/2023 at 10:30 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 10/27/2023 for conferencing instructions. (kkz) |
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| Tuesday, November 14, 2023 | ||
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order
Order on Motion for Extension of Time
Tue 11/14 2:51 PM
NOTATION ORDER granting13 Plaintiff's Motion for Extension of Time. Signed by Judge Michael R. Barrett on 11/14/2023. (kkz) |
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utility
Set Motion and R&R Deadlines/Hearings
Tue 11/14 2:52 PM
Set/Reset Deadlines as to9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Motion to Dismiss Plaintiff's Amended Complaint for Relief Under 42 U.S.C. 1983] . Responses due by 12/15/2023 (kkz) |
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| Monday, November 13, 2023 | ||
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minutes
Status Conference ~Util - Set Hearings
Mon 11/13 2:54 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/13/2023; Eric Allen appeared for Plaintiff; D. Chadd McKitrick appeared for ODRC Defendants; Timothy Bojanowski appeared for Core Civic Corporation Defendants; case matters discussed; Court to review filings in preparation of next status conference; a follow up Status Conference is set for 12/5/2023 at 11:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 10/27/2023 for conferencing instructions. (kkz) |
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| Thursday, November 09, 2023 | ||
| 13 | 13
motion
Extension of Time
Thu 11/09 10:14 AM
MOTION for Extension of Time New date requested 12/15/2023. by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| Tuesday, November 07, 2023 | ||
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minutes
Status Conference ~Util - Set Hearings
Tue 11/07 3:27 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/7/2023; Eric Allen appeared for Plaintiff; D. Chadd McKitrick appeared for ODRC Defendants; Timothy Bojanowski appeared for Core Civic Corporation Defendants; case matters discussed; counsel for ODRC Defendants to confirm transfer of plaintiff; a follow up Status Conference is set for 11/13/2023 at 2:30 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 10/27/2023 for conferencing instructions. (kkz) |
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| Monday, November 06, 2023 | ||
| 12 | 12
respm
Response in Opposition to Motion
Mon 11/06 7:15 PM
RESPONSE in Opposition re8 MOTION for Preliminary Injunction filed by Defendants Annette Chambers-Smith, Chris Lambert. (McKitrick, D.) |
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| 11 | 11
motion
Dismiss for Failure to State a Claim
Mon 11/06 3:47 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Annette Chambers-Smith, Chris Lambert. (McKitrick, D.) |
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| Friday, October 27, 2023 | ||
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minutes
Motion Hearing ~Util - Set Hearings
Fri 10/27 12:09 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Preliminary Hearing held on 10/27/2023 re8 MOTION for Preliminary Injunction; case matters discussed; a follow up Status Conference is set for 11/7/2023 at 1:30 PM by Teleconference before Judge Michael R. Barrett. NOTE: Counsel shall call 1-877-336-1274 to participate in the telephone conference with Judge Michael R. Barrett. The conference access code is 1387504 and the security code is 23475. (kkz) |
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| Thursday, October 19, 2023 | ||
| 10 | 10
respm
Response to Motion
Thu 10/19 4:28 PM
RESPONSE to Motion re8 MOTION for Preliminary Injunction filed by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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| Friday, October 13, 2023 | ||
| 9 | 9
motion
Dismiss for Failure to State a Claim
Fri 10/13 4:14 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Defendants' Motion to Dismiss Plaintiff's Amended Complaint for Relief Under 42 U.S.C. 1983] by Defendants Doug Fender, Investigator Wyman. (Bojanowski, Timothy) |
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| Thursday, October 05, 2023 | ||
| 8 | 8
motion
Preliminary Injunction
Thu 10/05 5:24 PM
MOTION for Preliminary Injunction by Plaintiff Yusuf Brown-Austin. (Allen, Eric) |
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| 7 | 7
cmp
Amended Complaint
Thu 10/05 5:23 PM
AMENDED COMPLAINT against All Defendants, filed by Yusuf Brown-Austin. (Allen, Eric) |
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| Friday, September 29, 2023 | ||
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utility
Set/Reset Deadlines
Fri 09/29 10:11 AM
Set/Reset Deadlines re docs5 and6 : Annette Chambers-Smith answer due 11/6/2023; Doug Fender answer due 10/16/2023. (kh) |
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| Thursday, September 28, 2023 | ||
| 6 | 6
service
Waiver of Service Executed
Thu 09/28 1:28 PM
WAIVER OF SERVICE Returned Executed. Waiver sent to Annette Chambers-Smith on 9/28/2023, answer due 11/27/2023. (Allen, Eric) |
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| 5 | 5
service
Waiver of Service Executed
Thu 09/28 1:25 PM
WAIVER OF SERVICE Returned Executed. Waiver sent to Doug Fender on 9/28/2023, answer due 11/27/2023. (Allen, Eric) |
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| Thursday, July 27, 2023 | ||
| 4 | 4
cmp
Complaint
Thu 07/27 8:35 PM
COMPLAINT with JURY DEMAND against All Defendants, filed by Yusuf Brown-Austin. (Allen, Eric) |
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| 3 | 3
notice
Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice)
Thu 07/27 4:24 PM
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket1 Complaint, 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 docket1 Complaint as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 7/28/2023. (kh) |
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| 2 | 2
notice
Notice (Other)
Thu 07/27 12:54 PM
NOTICE by Plaintiff Yusuf Brown-Austin (Allen, Eric) |
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| 1 | 1
cmp
Complaint
Thu 07/27 12:48 PM
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: BOHSDC-9526898), filed by Yusuf Brown-Austin. (Allen, Eric) |
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misc
Docket Annotation
Thu 07/27 4:03 PM
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh) |
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