Weber v. Edgecliff Condominium Owners Assocation, Inc., et al.
| Ohio Southern District Court | |
| Judge: | Matthew W Mcfarland |
| Referred: | Karen L Litkovitz |
| Case #: | 1:24-cv-00065 |
| Nature of Suit | 443 Civil Rights - Housing/Accommodations |
| Cause | 42:405 Fair Housing Act |
| Case Filed: | Feb 12, 2024 |
| Last checked: Saturday Aug 10, 2024 5:43 AM EDT |
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Defendant
Jean Clark
2200 Victory Parkway Unit 2103
Cincinnati, OH 45206 |
Represented By
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Defendant
Catherine Yarbrough
1363 Riviera Place
Cincinnati, OH 45231 |
Represented By
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Defendant
Michelle Westrich
6030 Snyder Road
Cincinnati, OH 45247 |
Represented By
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Defendant
Meagan Webb
2200 Victory Parkway Unit 2507
Cincinnati, OH 45206 |
Represented By
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Defendant
Towne Properties, Inc.
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Represented By
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Defendant
Andrew Tate
2200 Victory Parkway Unit 1902
Cincinnati, OH 45206 |
Represented By
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Defendant
Peg Rodenbush
2200 Victory Parkway Unit 1106
Cincinnati, OH 45206 |
Represented By
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Defendant
David Mulligan
2200 Victory Parkway Unit 1001
Cincinnati, OH 45206 |
Represented By
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Defendant
Kaman & Cusimano, LLC
50 Public Square Suite 2000
Cleveland, OH 44113 |
Represented By
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Defendant
Rick Hawthorne
2200 Victory Parkway Unit 808
Cincinnati, OH 45206 |
Represented By
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Defendant
Cynthia Grow
2200 Victory Parkway Unit 2205
Cincinnati, OH 45206 |
Represented By
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Defendant
Kirk Flesher
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Represented By
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Defendant
Edgecliff Condominium Owners Assocation, Inc.
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Represented By
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Defendant
Diane Collins
2200 Victory Parkway Unit1703
Cincinnati, OH 45206 |
Represented By
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Plaintiff
Gregory E. Weber
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Represented By
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GPO
Jan 06 2025
ORDER following 1/6/2025 Informal Discovery Conference. The Court will hold another informal telephone discovery conference on JANUARY 24, 2025 at 10:00 a.m. In the interim, the parties shall confer on the remaining discovery issues. On or before January 22, 2025, the parties shall submit to the Court a joint agenda in which they identify each remaining disputed interrogatory or request for production of documents, explain their positions, and attach the underlying discovery request. Signed by Magistrate Judge Karen L. Litkovitz on 1/6/2025. (art) |
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GPO
Jan 24 2025
ORDER following 1/24/2025 Informal Discovery Conference. For the reasons discussed at the conference, defendants are ORDERED to create and produce aprivilege log of any such claims of privilege on or before February 23, 2025. See Fed. R. Civ.P. 26(b)(5); S.D. Ohio Civ. R. 26.1(a). After review of the privilege logs, the Court remains available to informally confer with the parties to the extent discovery issues persist. Signed by Magistrate Judge Karen L. Litkovitz on 1/24/2025. (art) |
| Docket last updated: 3 hours ago |
| Wednesday, April 30, 2025 | ||
| 30 | 30
misc
Brief
Wed 04/30 11:49 PM
BRIEF by Defendants Jean Clark, Diane Collins, Edgecliff Condominium Owners Assocation, Inc., Kirk Flesher, Cynthia Grow, Rick Hawthorne, David Mulligan, Peg Rodenbush, Andrew Tate, Towne Properties, Inc., Meagan Webb, Michelle Westrich, Catherine Yarbrough. (Mitchell, Ian) |
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misc
Brief
Wed 04/30 1:54 PM
BRIEF by Defendant Kaman & Cusimano, LLC. (Kennedy, Katherine) |
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Att: 1
Exhibit Exhibit 1 Privilege Log
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| Tuesday, April 29, 2025 | ||
| 28 | 28
misc
Stipulation
Tue 04/29 1:52 PM
STIPULATION Amended by Defendant Edgecliff Condominium Owners Assocation, Inc.. (Mitchell, Ian) |
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| Monday, April 28, 2025 | ||
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misc
Stipulation
Mon 04/28 9:46 PM
STIPULATION for Extension of Time by Defendants Jean Clark, Diane Collins, Edgecliff Condominium Owners Assocation, Inc., Kirk Flesher, Cynthia Grow, Rick Hawthorne, David Mulligan, Peg Rodenbush, Andrew Tate, Towne Properties, Inc., Meagan Webb, Michelle Westrich, Catherine Yarbrough. (Mitchell, Ian) |
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| 26 | 26
misc
Pretrial Memorandum
Mon 04/28 4:02 PM
PRETRIAL MEMORANDUM by Plaintiff Gregory E. Weber. (Thumann, Robert) |
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| 25 | 25
misc
Response (non motion)
Mon 04/28 3:02 PM
Response to Plaintiff's Position Statement by Defendant Kaman & Cusimano, LLC. (Kennedy, Katherine) |
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Att: 1
Exhibit Exhibit 1 Privilege Log
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| Friday, April 25, 2025 | ||
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notice
Notice (Other)
Fri 04/25 11:16 PM
NOTICE by Defendants Jean Clark, Diane Collins, Edgecliff Condominium Owners Assocation, Inc., Kirk Flesher, Cynthia Grow, Rick Hawthorne, David Mulligan, Peg Rodenbush, Andrew Tate, Towne Properties, Inc., Meagan Webb, Michelle Westrich, Catherine Yarbrough re21 Notice (Other) of Filing Documents for In Camera Review and FIling Response to Plaintiff's Position Statement (Mitchell, Ian) |
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| 23 | 23
misc
Stipulation
Fri 04/25 11:34 AM
STIPULATION by Defendant Kaman & Cusimano, LLC. (Kennedy, Katherine) |
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| 22 | 22
order
Cincinnati Preliminary Pretrial Order ~Util - Set Deadlines
Fri 04/25 10:23 AM
SECOND AMENDED CALENDAR ORDER: This matter is before the Court following communication with the parties in which they jointly requested a Second Amended Calendar Order. For good cause, the Court GRANTS this request and AMENDS the Calendar Orders (Docs.14 ,18 ) as follows: 1. Deadline to submit protective order: June 1, 2025 2. Deadline for settlement demand: August 1, 2025 3. Deadline for response to settlement demand: September 1, 2025 4. Deadlines for disclosure of expert witnesses and submission of expert reports: -Plaintiff's expert report(s): August 1, 2025 -Defendants' expert report(s): September 1, 2025 -Disclosure and report of rebuttal experts: November 1, 2025 5. Disclosure of non-expert (fact) witnesses: August 1, 2025 6. Discovery deadline: March 1, 2026 7. Dispositive motions deadline: May 1, 2026 IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 04/25/2025. (kaf) |
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| Friday, April 11, 2025 | ||
| 21 | 21
notice
Notice (Other)
Fri 04/11 5:19 PM
NOTICE by Plaintiff Gregory E. Weber re20 Order,,,,,, Filing List Documents and Position Paper in Support (Hillerich, Laura) |
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| Monday, April 07, 2025 | ||
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order
Order
Mon 04/07 5:17 PM
ORDER following 4/7/2025 Informal Discovery Conference. For the reasons discussed at the conference, the Court orders as follows: 1. On or before April 11, 2025, plaintiff shall file: a. a document identifying twenty total entries from the privilege logs produced by defendants to serve as a representative sample; and b. a position statement as to why each sample entry covers information that is (i) relevant to a specific claim in this case and (ii) not protected by the attorney-client privilege. 2. On or before April 25, 2025, defendants shall: a. submit to the Court via email unredacted copies of the twenty items identified by plaintiff from the privilege logs for in camera review; and b. file a response to plaintiff's position statement referenced above. 3. On or before April 28, 2025, the parties shall submit briefs in support of their position on the following issue: whether the subject matter of communications between an attorney and his/her client is privileged for purposes of the attorney-client privilege. 4. The deadlines established above may be modified by the agreement of the parties. 5. Subject to the anticipated stipulated protective order, plaintiff is ordered to produce all requested medical records from 2017-present, which are relevant to his claim of emotional distress. 6. Each of the individual defendants is ordered to produce all emails and text messages responsive to plaintiff's discovery requests. If an individual defendant has not produced such information, he/ she must execute a statement representing: a. why such information was not produced; and b. the steps each individual defendant took to locate such information. Signed by Magistrate Judge Karen L. Litkovitz on 4/7/25. (sct) |
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motion
Oral Request
Mon 04/07 10:05 AM
Oral Request for Informal Discovery Conference by Plaintiff Gregory E. Weber. (sct) |
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minutes
Discovery Conference 1 - Terminate Hearings
Mon 04/07 12:18 PM
Minute Entry for proceedings held before Magistrate Judge Karen L. Litkovitz: Informal Discovery Conference held on 4/7/25. Laura Hillerich and Stephen Imm appeared for Plaintiff; Ian Mitchell appeared for The Edgecliff Condominium Owners Association and Towne Properties Defendants; Katherine Kennedy appeared for Defendant Kaman & Cusimano, LLC. Matters discussed. Order to issue. . (sct) |
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| Thursday, February 06, 2025 | ||
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order
Cincinnati Preliminary Pretrial Order ~Util - Set Deadlines
Thu 02/06 11:12 AM
AMENDED CALENDAR ORDER: This matter is before the Court following communication with the parties in which they jointly requested an amended calendar order. For good cause, the Court GRANTS this request and AMENDS the Calendar Order (Doc.14 ) as follows: 1. Deadline to submit protective order: March 1, 2025 2. Deadline for settlement demand: April 1, 2025 3. Deadline for response to settlement demand: May 1, 2025 4. Deadlines for disclosure of expert witnesses and submission of expert reports: - Plaintiff's expert report(s): April 1, 2025 - Defendants' expert report(s): May 1, 2025 - Disclosure and report of rebuttal experts: June 1, 2025 5. Disclosure of non-expert (fact) witnesses: August 1, 2025 6. Discovery deadline: November 1, 2025 7. Dispositive motions deadline: December 1, 2025 IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 02/06/2025. (kaf) |
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| Friday, January 24, 2025 | ||
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order
Order on Oral Request
Fri 01/24 2:10 PM
ORDER following 1/24/2025 Informal Discovery Conference. For the reasons discussed at the conference, defendants are ORDERED to create and produce aprivilege log of any such claims of privilege on or before February 23, 2025. See Fed. R. Civ.P. 26(b)(5); S.D. Ohio Civ. R. 26.1(a). After review of the privilege logs, the Court remains available to informally confer with the parties to the extent discovery issues persist. Signed by Magistrate Judge Karen L. Litkovitz on 1/24/2025. (art) |
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motion
Oral Request
Fri 01/24 11:05 AM
Request for an Informal Discovery Conference. (art) |
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minutes
1 - Terminate Deadlines and Hearings Discovery Conference
Fri 01/24 11:08 AM
Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for an Informal Discovery Conference held via telephone on 1/24/2025. Counsel for plaintiff, and for defendants present. Matters discussed. Order of the Court to follow. (Court Reporter: Zoom Telephone Recording) (art) |
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| Monday, January 06, 2025 | ||
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order
Order on Motion for Discovery
Mon 01/06 12:58 PM
ORDER following 1/6/2025 Informal Discovery Conference. The Court will hold another informal telephone discovery conference on JANUARY 24, 2025 at 10:00 a.m. In the interim, the parties shall confer on the remaining discovery issues. On or before January 22, 2025, the parties shall submit to the Court a joint agenda in which they identify each remaining disputed interrogatory or request for production of documents, explain their positions, and attach the underlying discovery request. Signed by Magistrate Judge Karen L. Litkovitz on 1/6/2025. (art) |
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minutes
Discovery Conference
Mon 01/06 11:08 AM
Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for an Informal Discovery Conference held via telephone on 1/6/2025. Counsel for plaintiff and defendants present. Matters discussed. Case set for a follow-up discovery status conference via telephone before MJ Litkovitz on Fri., 1/24/2025 at 10:00 am. (Court Reporter: Zoom Telephone Recording) (art) |
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motion
Discovery
Mon 01/06 12:54 PM
REQUEST for an Informal Discovery Conference. (art) |
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| Thursday, December 12, 2024 | ||
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order
Order Referring Case to Magistrate Judge
Thu 12/12 8:56 AM
NOTATION ORDER: This matter is before the Court on the parties' discovery dispute first submitted on November 26, 2024. The Court REFERS this matter to Magistrate Judge Karen Litkovitz for the limited purpose of resolving the discovery dispute. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 12/12/2024. (kaf) |
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| Monday, July 01, 2024 | ||
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order
Cincinnati Preliminary Pretrial Order ~Util - Set Deadlines
Mon 07/01 10:26 AM
CALENDAR ORDER: Initial Disclosures due by 6/21/2024. Motions to amend pleadings/add parties due by 7/15/2024. Motions related to pleadings due by 8/15/2024. Protective Order due by 9/7/2024. Settlement Demand due by 12/1/2024. Response to Settlement Demand due by 1/1/2025. Plaintiff's Experts due by 1/15/2025. Defendants' Experts due by 3/1/2025. Non-Expert (Fact) Witnesses due by 4/1/2025. Rebuttal Experts due by 4/1/2025. Discovery due by 7/1/2025. Dispositive motions due by 8/30/2025. Signed by Judge Matthew W. McFarland on 07/01/2024. (kaf) |
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notice
Notice of Appearance
Mon 07/01 9:06 AM
NOTICE of Appearance by Caitlin Elizabeth Lancaster for Defendant Kaman & Cusimano, LLC (Lancaster, Caitlin) |
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minutes
Telephone Conference
Mon 07/01 10:16 AM
Minute Entry for proceedings held before Judge Matthew W. McFarland: Preliminary Pretrial Conference held on 07/01/2024. Counsel for Plaintiff and Defendants were present by phone. The Court discussed this matter with counsel and will file a calendar order by separate docket entry. (kaf) |
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| Tuesday, June 25, 2024 | ||
| 12 | 12
misc
Rule 26(f) Report
Tue 06/25 4:28 PM
RULE 26(f) REPORT by Plaintiff Gregory E. Weber. (Thumann, Robert) |
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| Friday, May 10, 2024 | ||
| 11 | 11
answer
Answer to Complaint
Fri 05/10 3:54 PM
ANSWER to1 Complaint with Jury Demand filed by Kaman & Cusimano, LLC. (Kennedy, Katherine) |
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| Tuesday, May 07, 2024 | ||
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order
Order ~Util - Terminate Motions ~Util - Set Deadlines
Tue 05/07 10:21 AM
NOTATION ORDER: This matter is before the Court on Defendant Kaman & Cusimano, LLC's Motion for Extension to Respond to Plaintiff's Complaint (Doc.9 ). Plaintiff does not oppose this request. For good cause, the Court GRANTS this motion. Defendant may move, answer, or otherwise plead to Plaintiff's Complaint by May 10, 2024. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 05/07/2024. (kaf) |
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| Monday, May 06, 2024 | ||
| 10 | 10
answer
Answer to Complaint
Mon 05/06 11:59 PM
ANSWER to Complaint with Jury Demand filed by Jean Clark, Diane Collins, Edgecliff Condominium Owners Assocation, Inc., Kirk Flesher, Cynthia Grow, Rick Hawthorne, David Mulligan, Peg Rodenbush, Andrew Tate, Towne Properties, Inc., Meagan Webb, Michelle Westrich, Catherine Yarbrough. (Mitchell, Ian) |
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| 9 | 9
motion
Extension of Time to File Answer
Mon 05/06 12:08 PM
Unopposed MOTION for Extension of Time to File Answer New date requested 5/10/2024. by Defendant Kaman & Cusimano, LLC. (Kennedy, Katherine) |
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Att: 1
Text of Proposed Order Proposed Order re Unopposed Motion for Extension of Time to Answer
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order
Order ~Util - Terminate Motions ~Util - Set Deadlines
Mon 05/06 10:41 AM
NOTATION ORDER: This matter is before the Court on Defendants' Motion for Extension to Respond to Plaintiffs Complaint (Doc.8 ). Plaintiff does not oppose this request. For good cause, the Court GRANTS this motion. These Defendants may move, answer, or otherwise plead to Plaintiff's Complaint by May 6, 2024. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 05/06/2024. (kaf) |
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| Friday, May 03, 2024 | ||
| 8 | 8
motion
Extension of Time to File Answer
Fri 05/03 10:07 PM
MOTION for Extension of Time to File Answer New date requested 5/6/2024. by Defendants Jean Clark, Diane Collins, Edgecliff Condominium Owners Assocation, Inc., Kirk Flesher, Cynthia Grow, Rick Hawthorne, David Mulligan, Peg Rodenbush, Andrew Tate, Towne Properties, Inc., Meagan Webb, Michelle Westrich, Catherine Yarbrough. (Mitchell, Ian) |
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| Monday, April 22, 2024 | ||
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utility
Set/Reset Deadlines
Mon 04/22 8:45 AM
Reset Deadlines per7 Stipulation: Jean Clark answer due 5/3/2024; Diane Collins answer due 5/3/2024; Edgecliff Condominium Owners Assocation, Inc. answer due 5/3/2024; Kirk Flesher answer due 5/3/2024; Cynthia Grow answer due 5/3/2024; Rick Hawthorne answer due 5/3/2024; David Mulligan answer due 5/3/2024; Peg Rodenbush answer due 5/3/2024; Andrew Tate answer due 5/3/2024; Towne Properties, Inc. answer due 5/3/2024; Meagan Webb answer due 5/3/2024; Michelle Westrich answer due 5/3/2024; Catherine Yarbrough answer due 5/3/2024. (zmc) |
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| Friday, April 19, 2024 | ||
| 7 | 7
misc
Stipulation
Fri 04/19 4:46 PM
STIPULATION for Extension of Time to Respond to Plaintiff's Complaint by Defendants Jean Clark, Diane Collins, Edgecliff Condominium Owners Assocation, Inc., Kirk Flesher, Cynthia Grow, Rick Hawthorne, David Mulligan, Peg Rodenbush, Andrew Tate, Towne Properties, Inc., Meagan Webb, Michelle Westrich, Catherine Yarbrough. (Mitchell, Ian) |
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| Thursday, April 11, 2024 | ||
| 6 | 6
misc
Stipulation
Thu 04/11 10:33 AM
STIPULATION for Extension of Time to Plead by Defendant Kaman & Cusimano, LLC. (Kennedy, Katherine) |
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utility
Set/Reset Deadlines
Thu 04/11 2:42 PM
Reset Deadlines per6 Stipulation: Kaman & Cusimano, LLC answer due 5/5/2024. (zmc) |
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| Wednesday, April 10, 2024 | ||
| 5 | 5
notice
Notice of Appearance
Wed 04/10 2:30 PM
NOTICE of Appearance by Katherine Lynn Kennedy for Defendant Kaman & Cusimano, LLC (Kennedy, Katherine) |
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| Wednesday, March 27, 2024 | ||
| 4 | 4
service
Waiver of Service Executed
Wed 03/27 12:38 PM
WAIVER OF SERVICE Returned Executed. Waiver sent to All Defendants. (Thumann, Robert) |
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| Friday, February 16, 2024 | ||
| 3 | 3
notice
Notice of Appearance
Fri 02/16 8:53 AM
NOTICE of Appearance by Stephen E Imm for Plaintiff Gregory E. Weber (Imm, Stephen) |
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| Monday, February 12, 2024 | ||
| 2 | 2
notice
Notice of Appearance
Mon 02/12 4:16 PM
NOTICE of Appearance by Robert Joseph Thumann for Plaintiff Gregory E. Weber (Thumann, Robert) |
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| 1 | 1
cmp
Complaint
Mon 02/12 3:39 PM
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-9815683), filed by Gregory E. Weber. (Hillerich, Laura) |
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Att: 1
Civil Cover Sheet
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misc
Docket Annotation
Mon 02/12 4:17 PM
If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kh) |
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