Smith v. City of Lorain et al.
| Ohio Northern District Court | |
| Judge: | David A Ruiz |
| Case #: | 1:24-cv-00344 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Feb 23, 2024 |
| Last checked: Wednesday Aug 21, 2024 5:15 AM EDT |
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Defendant
Russ Cambarare
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Represented By
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Defendant
Mark Carpentiere
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Represented By
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Defendant
City of Lorain
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Represented By
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Defendant
Estate of Cel Rivera
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Represented By
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Defendant
Margaret Grondin
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Defendant
Lorain County
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Represented By
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Defendant
Joel Miller
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Represented By
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Defendant
Pete Rewak
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Represented By
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Defendant
Jonathan Rosenbaum
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Represented By
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Intervenor
County Risk Sharing Authority
209 E. State Street
Columbus, OH 43215 |
Represented By
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Plaintiff
Nancy Smith
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Represented By
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| Docket last updated: 05/16/2025 11:59 PM EDT |
| Tuesday, April 22, 2025 | ||
| 44 | 44
1
pgs
order
Order on Motion for leave
Tue 04/22 11:14 AM
Marginal Entry Order granting Defendant's25 Motion for leave to substitute counsel as to Defendant Lorain County. Judge David A. Ruiz on 4/22/2025. (G,CA) |
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| Wednesday, February 26, 2025 | ||
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order
Order on Motion to withdraw as attorney
Wed 02/26 11:04 AM
Order [non-document] granting Plaintiff's43 Motion for Margaret E. Campbell to withdraw as attorney. Judge David A. Ruiz on 2/26/2025. (G,CA) |
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| Thursday, February 20, 2025 | ||
| 43 | 43
motion
Withdraw as Attorney
Thu 02/20 5:22 PM
Motion by Margaret E. Campbell to withdraw as attorney filed by Plaintiff Nancy Smith. (Slosar, Elliot) |
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| Saturday, February 08, 2025 | ||
| 42 | 42
notice
Attorney Appearance (atty event)
Sat 02/08 6:07 PM
Attorney Appearance by Leigh S. Prugh filed by on behalf of Jonathan Rosenbaum, Lorain County. (Prugh, Leigh) |
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| Tuesday, September 03, 2024 | ||
| 41 | 41
resp
Reply
Tue 09/03 1:55 PM
Reply in support of39 Motion to strike Defendant Lorain County's 12(c) Motion for Judgment on the Pleadings filed by Nancy Smith. (Slosar, Elliot) |
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| Monday, August 26, 2024 | ||
| 40 | 40
resp
Opposition
Mon 08/26 3:20 PM
Opposition to39 Motion to strike Defendant Lorain County's 12(c) Motion for Judgment on the Pleadings filed by Lorain County. (Grigsby, Teresa) |
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| Monday, August 19, 2024 | ||
| 39 | 39
motion
Strike
Mon 08/19 11:08 AM
Motion to strike Defendant Lorain County's 12(c) Motion for Judgment on the Pleadings filed by Plaintiff Nancy Smith. Related document(s)37 . (Slosar, Elliot) |
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| Wednesday, August 07, 2024 | ||
| 38 | 38
resp
Reply
Wed 08/07 3:19 PM
Reply in support of26 Motion to dismiss for failure to state a claim filed by Russ Cambarare, Mark Carpentiere, City of Lorain, Estate of Cel Rivera, Joel Miller, Pete Rewak. (Eckart, Jillian) |
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| Tuesday, July 23, 2024 | ||
| 37 | 37
motion
Judgment on the Pleadings
Tue 07/23 11:05 AM
Motion for judgment on the pleadings and supporting memorandum, filed by Defendant Lorain County. (Grigsby, Teresa) |
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| Tuesday, July 16, 2024 | ||
| 36 | 36
motion
Extension (other)
Tue 07/16 10:12 AM
Unopposed Motion for extension of time until August 7, 2024 to File Defendants' Reply in Support of Motion to Dismiss filed by Russ Cambarare, Mark Carpentiere, City of Lorain, Estate of Cel Rivera, Joel Miller, Pete Rewak. (Eckart, Jillian) |
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order
Order on Motion for extension of time (other)
Tue 07/16 2:42 PM
Order [non-document] granting36 Unopposed Motion for extension of time until August 7, 2024 to File Defendants' Reply in Support of26 Motion to Dismiss. Judge David A. Ruiz on 7/16/2024.(R,AP) |
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| Monday, July 15, 2024 | ||
| 35 | 35
notice
Attorney Appearance (atty event)
Mon 07/15 10:04 AM
Attorney Appearance by Jillian Eckart filed by on behalf of Russ Cambarare, Mark Carpentiere, City of Lorain, Estate of Cel Rivera, Joel Miller, Pete Rewak. (Eckart, Jillian) |
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| 34 | 34
resp
Reply
Mon 07/15 9:47 AM
Reply in support of29 Motion for leave to intervene as a party filed by County Risk Sharing Authority. (Anderson, Scyld) |
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| Wednesday, July 10, 2024 | ||
| 33 | 33
resp
Response
Wed 07/10 5:57 PM
Response to26 Motion to dismiss for failure to state a claim filed by Nancy Smith. (Slosar, Elliot) |
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| Wednesday, July 03, 2024 | ||
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order
Order on Motion for extension of time to file response/reply to motion
Wed 07/03 4:53 PM
Order [non-document] granting28 Plaintiff's Motion for Extension of Time until July 10, 2024 to file response to26 Defendant's Motion to dismiss for failure to state a claim. Judge David A. Ruiz on 07/03/2024. (K,SJ) |
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order
Order on Motion to appear pro hac vice
Wed 07/03 11:40 PM
Order [non-document] granting Plaintiff's27 Motion for appearance pro hac vice by attorney Kathryn J. Montengro for Nancy Smith. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 7/3/2024. (G,CA) |
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| Tuesday, July 02, 2024 | ||
| 32 | 32
resp
Opposition
Tue 07/02 2:00 PM
Opposition to29 Motion to intervene as a party Motion of County Risk Sharing Authority for Leave to Intervene filed by Jonathan Rosenbaum. (Rosenbaum, Jonathan) |
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| 31 | 31
motion
Extension of Time to File Response/Reply to Motion
Tue 07/02 10:26 AM
Unopposed Motion for extension of time until 07/15/2024 to file response/reply to29 Motion to intervene as a party Motion of County Risk Sharing Authority for Leave to Intervene filed by Intervenor County Risk Sharing Authority. Related document(s)29 .(Anderson, Scyld) |
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Att: 1
Proposed Order Granting CORSA Motion for Extension
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order
Order on Motion for extension of time to file response/reply to motion
Tue 07/02 11:22 AM
Order [non-document] granting unopposed31 Motion of County Risk Sharing Authority for Extension of Time until 07/15/2024 to file reply to Plaintiff's opposition30 to29 Motion for leave to intervene as a party. Reply due by 7/15/2024. Judge David A. Ruiz on 07/02/2024. (K,SJ) |
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| Friday, June 28, 2024 | ||
| 30 | 30
resp
Response
Fri 06/28 5:03 PM
Response to29 Motion to intervene as a party Motion of County Risk Sharing Authority for Leave to Intervene , Plaintiff's Response to County Risk Sharing Authority's Motion to Intervene filed by Nancy Smith. (Campbell, Margaret) |
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| Wednesday, June 19, 2024 | ||
| 29 | 29
motion
Intervene as a Party
Wed 06/19 10:43 AM
Motion to intervene as a party Motion of County Risk Sharing Authority for Leave to Intervene filed by Intervenor County Risk Sharing Authority.(Anderson, Scyld) |
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Att: 1
Proposed Order Order Granting CORSA Intervention Complaint,
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Att: 2
Complaint CORSA Intervention Complaint,
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Att: 3
Exhibit A to CORSA Intervention Complaint
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| Monday, June 17, 2024 | ||
| 28 | 28
motion
Extension of Time to File Response/Reply to Motion
Mon 06/17 11:11 AM
Motion for extension of time until July 10, 2024 to file response/reply to26 Motion to dismiss for failure to state a claim filed by Plaintiff Nancy Smith. Related document(s)26 . (Slosar, Elliot) |
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| Thursday, May 30, 2024 | ||
| 27 | 27
motion
Appear Pro Hac Vice
Thu 05/30 3:27 PM
Motion for attorney Kathryn Montenegro to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12582448, filed by Plaintiff Nancy Smith.(Slosar, Elliot) |
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Att: 1
Exhibit Declaration,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Proposed Order
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| Monday, May 20, 2024 | ||
| 26 | 26
motion
Dismiss for Failure to State a Claim
Mon 05/20 10:22 AM
Motion to dismiss for failure to state a claim filed by Russ Cambarare, Mark Carpentiere, City of Lorain, Estate of Cel Rivera, Joel Miller, Pete Rewak. (McLandrich, John) |
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| Wednesday, May 08, 2024 | ||
| 25 | 25
notice
Attorney Substitution (atty event)
Wed 05/08 4:18 PM
Notice of Substitution of Counsel removing attorney Daniel T. Downey and David C. Moser and adding attorney Teresa L. Grigsby filed by on behalf of Lorain County. (Grigsby, Teresa) |
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| 24 | 24
resp
Reply
Wed 05/08 11:34 AM
Reply in support of15 Motion to dismiss for failure to state a claim filed by Jonathan Rosenbaum. (Moser, David) |
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| Thursday, April 25, 2024 | ||
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order
Order on Motion for extension of time to file response/reply to motion
Thu 04/25 10:14 AM
Order [non-document] granting23 Motion by Defendants Lorain County and Jonathan Rosenbaum for extension of time until 5/8/2024 to file reply to Plaintiff's response/opposition22 to Defendants'15 Motion to dismiss for failure to state a claim. Judge David A. Ruiz on 04/25/2024.(K,SJ) |
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| Wednesday, April 24, 2024 | ||
| 23 | 23
motion
Extension of Time to File Response/Reply to Motion
Wed 04/24 4:05 PM
Motion for extension of time until 5/8/2024 to file response/reply to15 Motion to dismiss for failure to state a claim filed by Lorain County, Jonathan Rosenbaum. Related document(s)15 . (Moser, David) |
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| Wednesday, April 17, 2024 | ||
| 22 | 22
resp
Response
Wed 04/17 7:06 PM
Response to15 Motion to dismiss for failure to state a claim filed by Nancy Smith.(Slosar, Elliot) |
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Att: 1
Exhibit 1 - Orders
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| Tuesday, April 16, 2024 | ||
| 21 | 21
answer
Answer to Complaint
Tue 04/16 9:56 AM
Answer to1 Complaint, with Jury Demand filed by Lorain County, Jonathan Rosenbaum. (Moser, David) |
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| Monday, April 15, 2024 | ||
| 20 | 20
notice
Attorney Appearance (atty event)
Mon 04/15 11:44 AM
Attorney Appearance by David Moser filed by on behalf of Lorain County, Jonathan Rosenbaum. (Moser, David) |
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| 19 | 19
notice
Attorney Appearance (atty event)
Mon 04/15 11:43 AM
Attorney Appearance by Daniel T. Downey filed by on behalf of Lorain County, Jonathan Rosenbaum. (Downey, Daniel) |
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| Monday, March 25, 2024 | ||
| 18 | 18
oth_doc
Supplement (atty event)
Mon 03/25 1:05 PM
Supplement to Motion to dismiss for failure to state a claim - Supplement to Motion to Dismiss, filed by Jonathan Rosenbaum. Related document(s)15 .(Rosenbaum, Jonathan) |
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Att: 1
Exhibit Journal Entry,
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Att: 2
Exhibit Transcript of Resentencing Hearing
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| Thursday, March 21, 2024 | ||
| 17 | 17
notice
Notice (atty event)
Thu 03/21 2:36 PM
Notice of Appearance filed by Russ Cambarare, Mark Carpentiere, Joel Miller, Pete Rewak. (Barrett, Robert) |
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| Tuesday, March 19, 2024 | ||
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order
Order on Motion for extension of time to answer
Tue 03/19 10:02 AM
Order [non-document] granting Defendant City of Lorain's16 Unopposed Motion for Extension of Time until May 20, 2024 to answer or respond to Plaintiff's Complaint. Extension applies to Defendants City of Lorain, Joel Miller, Russ Cambarare, the Estate of Cel Rivera, Pete Rewak and Mark Carpentiere. Judge David A. Ruiz on 03/19/2024.(K,SJ) |
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| Monday, March 18, 2024 | ||
| 16 | 16
motion
Extension (answer complaint)
Mon 03/18 10:31 AM
Unopposed Motion for extension of time until May 20, 2024 to answer Plaintiff's Complaint filed by Defendant City of Lorain. (McLandrich, John) |
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| 15 | 15
motion
Dismiss Case
Mon 03/18 10:27 AM
Motion to dismiss case filed by Defendant Jonathan Rosenbaum. Related document(s)1 .(Rosenbaum, Jonathan) |
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Att: 1
Exhibit Resentencing Agreement,
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Att: 2
Exhibit Prior Court Decision
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| Friday, March 15, 2024 | ||
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order
Order on Motion for extension of time to answer
Fri 03/15 2:09 PM
Order [non-document] granting Defendants' Unopposed14 Motion for extension of time until 4/16/2024 to answer complaint. Lorain County answer due 4/16/2024; Jonathan Rosenbaum answer due 4/16/2024. Judge David A. Ruiz on 3/15/2024. (G,CA) |
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order
Order on Motion to appear pro hac vice
Fri 03/15 6:01 PM
Order [non-document] granting Plaintiff's11 Motion for appearance pro hac vice by Margaret E. Campbell. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 3/15/2024.(G,CA) |
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order
Order on Motion to appear pro hac vice
Fri 03/15 6:04 PM
Order [non-document] granting Plaintiff's12 Motion for appearance pro hac vice by Amy Robinson Staples. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 3/15/2024.(G,CA) |
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| Wednesday, March 13, 2024 | ||
| 14 | 14
motion
Extension (answer complaint)
Wed 03/13 2:51 PM
Motion for extension of time until April 16, 2024 to answer filed by Lorain County, Jonathan Rosenbaum. (Peltz, Gregory) |
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| 13 | 13
service
Return of Service Executed
Wed 03/13 10:41 AM
Return of Service by personal service executed upon Margaret Grondin on 3/11/2024, filed on behalf of Nancy Smith (Slosar, Elliot) |
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| Monday, March 11, 2024 | ||
| 12 | 12
motion
Appear Pro Hac Vice
Mon 03/11 12:52 PM
Motion for attorney Amy Robinson Staples to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12450528, filed by Plaintiff Nancy Smith.(Slosar, Elliot) |
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Att: 1
Exhibit Declaration,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Proposed Order
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| Thursday, March 07, 2024 | ||
| 11 | 11
motion
Appear Pro Hac Vice
Thu 03/07 1:04 PM
Motion for attorney Margaret Campbell to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12445583, filed by Plaintiff Nancy Smith.(Slosar, Elliot) |
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Att: 1
Exhibit Declaration of Margaret Campbell,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Proposed Order
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| Wednesday, March 06, 2024 | ||
| 10 | 10
service
Return of Service Executed
Wed 03/06 2:32 PM
Return of Service by personal service executed upon Mark Carpentiere on 2/29/2024; City of Lorain on 2/29/2024; Pete Rewak on 2/28/2024, filed on behalf of Nancy Smith(Slosar, Elliot) |
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Att: 1
Summons City of Lorain,
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Att: 2
Summons Pete Rewak
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| Wednesday, February 28, 2024 | ||
| 9 | 9
service
Return of Service Executed
Wed 02/28 5:40 PM
Return of Service by personal service executed upon Russ Cambarare on 2/28/2024; Lorain County on 2/28/2024; Jonathan Rosenbaum on 2/28/2024, filed on behalf of Nancy Smith(Slosar, Elliot) |
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Att: 1
Summons Lorain County,
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Att: 2
Summons Russ Cambarare
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| 8 | 8
oth_evt
Summons Issued
Wed 02/28 2:20 PM
Original Summons issued to counsel for service upon Russ Cambarare. (R,AP) |
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| 7 | 7
oth_doc
Praecipe
Wed 02/28 12:37 PM
Praecipe for issuance of Original Summons filed by Nancy Smith.(Slosar, Elliot) |
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Att: 1
Summons Russ Cambarare
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| Tuesday, February 27, 2024 | ||
| 6 | 6
oth_evt
Summons Issued
Tue 02/27 12:13 PM
Original Summons issued to counsel for service upon Mark Carpentiere, City of Lorain, Margaret Grondin, Lorain County, Joel Miller, Pete Rewak, Jonathan Rosenbaum. (F,AW) |
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oth_evt
Notice Regarding Attorney Admission Status
Tue 02/27 9:39 AM
Notice to Attorney Margaret Campbell. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
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oth_evt
Notice Regarding Attorney Admission Status
Tue 02/27 9:44 AM
Notice to Attorney Amy Staples. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
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| Monday, February 26, 2024 | ||
| 5 | 5
oth_doc
Praecipe
Mon 02/26 5:32 PM
Praecipe for issuance of Original Summons filed by Nancy Smith.(Slosar, Elliot) |
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Att: 1
Summons City of Lorain,
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Att: 2
Summons Joel Miller,
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Att: 3
Summons Pete Rewak,
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Att: 4
Summons Mark Carpentiere,
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Att: 5
Summons Jonathan Rosenbaum,
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Att: 6
Summons Lorain County,
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Att: 7
Summons Margaret Grondin
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| Friday, February 23, 2024 | ||
| 4 | 4
oth_evt
Magistrate Consent Form Issued by Intake
Fri 02/23 4:22 PM
Magistrate Consent Form issued. Summonses were not provided and were not issued. (H,Ch) |
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| 3 | 3
oth_doc
Supplement (atty event)
Fri 02/23 4:15 PM
Supplement to Complaint, - Corrected Civil Cover Sheet, filed by Nancy Smith. Related document(s)1 . (Slosar, Elliot) |
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| 2 | 2
oth_doc
Supplement (atty event)
Fri 02/23 3:56 PM
Supplement to Complaint, - Civil Cover Sheet, filed by Nancy Smith. Related document(s)1 . (Slosar, Elliot) |
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| 1 | 1
cmp
Complaint
Fri 02/23 3:52 PM
Complaint with jury demand against Russ Cambarare, Mark Carpentiere, City of Lorain, Margaret Grondin, Lorain County, Joel Miller, Pete Rewak, Jonathan Rosenbaum, The Estate of Cel Rivera. Filing fee paid $ 405, Receipt number AOHNDC-12423666. Filed by Nancy Smith. (Slosar, Elliot) |
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utility
Add and Terminate Judge
Fri 02/23 4:20 PM
Judge David A. Ruiz assigned to case. (H,Ch) |
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oth_evt
Random Assignment of Magistrate Judge
Fri 02/23 4:21 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. (H,Ch) |
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