Davis et al v. McGuffey et al
| Ohio Southern District Court | |
| Judge: | Michael R Barrett |
| Case #: | 1:24-cv-00202 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 15, 2024 |
| Last checked: Saturday Oct 12, 2024 7:55 AM EDT |
|
Defendant
Jay Gramke
in his individual capacity 1000 Sycamore Street PLAINTIFFS COMPLAINT WITH
Cincinnati, OH 45202 |
Represented By
|
|
Defendant
Hamilton County, Ohio
230 East Ninth Street
Cincinnati, OH 45202 |
Represented By
|
|
Defendant
Charmaine McGuffey
in her individual capacity 1000 Sycamore Street PLAINTIFFS COMPLAINT WITH
Cincinnati, OH 45202 |
Represented By
|
|
Plaintiff
Jason Davis
9200 Montgomery Road, Bldg E, Ste 18B
Cincinnati, OH 45242 |
Represented By
|
|
Plaintiff
Jennifer Davis
9200 Montgomery Road, Bldg E, Ste 18B
Cincinnati, OH 45242 |
Represented By
|
| Docket last updated: 3 hours ago |
| Tuesday, May 13, 2025 | ||
|
utility
Set/Reset Cincinnati PPTO Deadlines
Tue 05/13 8:38 AM
Set/Reset Cincinnati PPTO Deadlines: Pursuant to22 Parties' Agreed Order Extending Deadlines the following deadlines are reset; Disclosure of Non-Expert (Fact) Witness due by 9/8/2025. Discovery (Fact) due by 10/13/2025. Plaintiff Primary Expert due by 10/13/2025. Defendant Primary Expert due by 11/10/2025. Rebuttal Expert due by 11/24/2025. Discovery (Expert) due by 3/19/2026. Dispositive motions due by 5/4/2026. (kkz) |
||
| Monday, May 12, 2025 | ||
| 22 | 22
misc
Proposed Pretrial Order
Mon 05/12 5:54 PM
Proposed Pretrial Order re: schedule extension by Plaintiffs Jason Davis, Jennifer Davis. (Wiest, Christopher) |
|
| Friday, April 11, 2025 | ||
| 21 | 21
notice
Notice of Appearance
Fri 04/11 9:35 AM
NOTICE of Appearance by Matthew E. Miller-Novak for Defendants Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey (Miller-Novak, Matthew) |
|
| Thursday, April 03, 2025 | ||
|
minutes
Status Conference ~Util - Set Hearings
Thu 04/03 11:48 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/3/2025; Thomas Bruns and Zachary Gottesman appeared for the Plaintiffs; Stephen Simon appeared for the Defendants; Parties to submit one-page memos to the Court and schedule depositions as discussed; a Settlement Conference set for 7/10/2025 at 10:00 AM in Chambers, Room 239, before Judge Michael R. Barrett; Parties shall provide the Court with a limited 5-page ex parte position statement which shall be emailed to the Court at barrett_chambers@ohsd.uscourts.gov no later than 6/30/2025. The Court may conduct ex parte conferences prior to the scheduled settlement conference. Unless prior arrangements have been discussed with the Court, party representatives with complete settlement authority must be present throughout the conference. (kkz) |
||
| Friday, March 28, 2025 | ||
|
notice
Notice of Hearing
Fri 03/28 8:39 AM
NOTICE of Hearing: Please be aware that a Status Conference is set for 4/3/2025 at 10:30 AM by Teleconference before Judge Michael R. Barrett. Counsel shall call 1-646-828-7666 to participate in the telephone conference with Judge Michael R. Barrett. The Meeting ID is 161 529 7761 , Press # to bypass the Participant ID, then enter Meeting Passcode: 434250. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (kkz) |
||
| Thursday, January 30, 2025 | ||
| 20 | 20
notice
Notice of Substitution of Counsel
Thu 01/30 10:23 AM
NOTICE of Substitution of Counsel - Stephen A Simon substituting for Jerome Kunkel and Jonathan Halvonik as to Defendants Charmaine McGuffey, Jay Gramke, Hamilton County, Ohio. (Simon, Stephen) |
|
| Tuesday, November 26, 2024 | ||
| 19 | 19
1
pgs
order
Order on Motion to Continue Order on Motion for Extension of Time
Tue 11/26 3:59 PM
ORDER granting18 Joint Motion to Extend Case Schedule. Defendants Depositions on or before 2/28/2025. Fact Witness disclosure due by 6/6/2025. Fact Discovery due 7/11/2025. Plaintiff Primary Expert due by 7/11/2025. Defendant Primary Expert due by 8/8/2025. Rebuttal Expert due by 8/22/2025. Expert Discovery due by 12/19/2025. Dispositive motions due by 2/2/2026. Scheduling conference to be set Signed by Judge Michael R. Barrett on 11/26/2024. (kkz) |
|
| Wednesday, November 20, 2024 | ||
| 18 | 18
motion
Continue Extension of Time
Wed 11/20 2:17 PM
Joint MOTION to Continue case schedule by six months (see motion) by Plaintiffs Jason Davis, Jennifer Davis. (Wiest, Christopher). Added MOTION for Extension of Time on 11/20/2024 to reflect motion request (kev) |
|
|
Att: 1
Text of Proposed Order Proposed order
|
||
| Monday, September 16, 2024 | ||
| 17 | 17
2
pgs
order
Order on Motion to Compel Order on Motion for Protective Order
Mon 09/16 2:00 PM
ORDER GRANTING in PART11 Plaintiffs' Motion to Compel and for Protective Order and DENYING12 Defendants' Motion to Compel and for Protective Order. Specifically: 1) Defendants McGuffey and Gramke are ORDERED to appear for and submit to depositions at a date and time convenient for them and counsel of record; 2) Plaintiffs are granted leave to delay production of the recording at issue until after the depositions of McGuffey and Gramke are completed; 3) During the depositions of McGuffey and Gramke, Plaintiffs shall provide Defendants' counsel with a full transcript of the recording. The transcript shall be designated "attorney's eyes only," and shall not be copied, duplicated, or photographed; 4) Defendants are DIRECTED to respond to Plaintiffs interrogatories, requests for production, and requests for admissions, within ten (10) days of this order; 5) Defendants' objections to Plaintiffs' requests for admissions are OVERRULED; and 6) Plaintiffs' request for sanctions under Federal Rule of Civil Procedure 37 is DENIED without prejudice, subject to renewal following the close of discovery. Signed by Judge Michael R. Barrett on 9/16/2024. (kkz) |
|
| Wednesday, August 28, 2024 | ||
| 16 | 16
respm
Reply to Response to Motion
Wed 08/28 3:29 PM
REPLY to Response to Motion re12 MOTION to Compel MOTION for Protective Order filed by Defendants Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey. (Halvonik, Jonathan) |
|
| Thursday, August 15, 2024 | ||
| 15 | 15
respm
Reply to Response to Motion
Thu 08/15 10:27 AM
REPLY to Response to Motion re11 MOTION to Compel MOTION for Protective Order filed by Plaintiffs Jason Davis, Jennifer Davis. (Wiest, Christopher) |
|
|
Att: 1
Affidavit Declaration of Z. Gottesman
|
||
| 14 | 14
respm
Response in Opposition to Motion
Thu 08/15 10:27 AM
RESPONSE in Opposition re12 MOTION to Compel MOTION for Protective Order filed by Plaintiffs Jason Davis, Jennifer Davis. (Wiest, Christopher) |
|
|
Att: 1
Affidavit Declaration of Z. Gottesman
|
||
| Wednesday, August 07, 2024 | ||
| 13 | 13
respm
Response to Motion
Wed 08/07 10:31 AM
RESPONSE to Motion re11 MOTION to Compel MOTION for Protective Order filed by Defendants Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey. (Kunkel, Jerome) |
|
|
Att: 1
Affidavit Declaration of Counsel
|
||
| 12 | 12
motion
Compel Protective Order
Wed 08/07 10:28 AM
MOTION to Compel , MOTION for Protective Order ( Responses due by 8/28/2024) by Defendants Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey. (Halvonik, Jonathan) |
|
| Thursday, July 18, 2024 | ||
| 11 | 11
motion
Compel Protective Order
Thu 07/18 5:57 PM
MOTION to Compel , MOTION for Protective Order ( Responses due by 8/8/2024) by Plaintiffs Jason Davis, Jennifer Davis. (Wiest, Christopher) |
|
|
Att: 1
Affidavit Declaration of C. Wiest,
|
||
|
Att: 2
Text of Proposed Order Proposed Order
|
||
| Wednesday, July 10, 2024 | ||
|
minutes
Status Conference
Wed 07/10 11:26 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/10/2024; Zachary Gottesman and Christopher Wiest appeared for Plaintiffs; Jermone Kunkel and Jonathan Halvonik appeared for Defendants; case matters discussed; parties to proceed with briefing schedule as discussed or contact Court to provide an update. (kkz) |
||
| Wednesday, June 26, 2024 | ||
|
minutes
Discovery Conference 1 - Terminate Deadlines and Hearings
Wed 06/26 11:36 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 6/26/2024; Zach Gottesman, Tom Bruns, and Chris Wiest appeared for Plaintiffs; Jerry Kunkel and Jon Halvonik appeared for Defendants; Court to follow up with parties regarding final decision. (zmc) |
||
| Monday, June 24, 2024 | ||
|
notice
Notice of Hearing
Mon 06/24 3:14 PM
NOTICE of Hearing: Please be aware that a discovery conference is set for 6/26/2024 at 11:00 by teleconference before Judge Michael R. Barrett. NOTE: Parties shall refer to the entry on 5/31/2024 for conferencing instructions. (bjc) |
||
| Thursday, June 06, 2024 | ||
| 10 | 10
answer
Answer to Complaint
Thu 06/06 3:22 PM
ANSWER to1 Complaint, with Jury Demand filed by Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey. (Halvonik, Jonathan) |
|
| Friday, May 31, 2024 | ||
| 9 | 9
order
Cincinnati Preliminary Pretrial Order
Fri 05/31 2:15 PM
CALENDAR ORDER: Please be aware that a Status Conference is set for 7/10/2024 at 10:00 AM by Teleconference before Judge Michael R. Barrett. Motions to Amend due by 8/30/2024. Motions directed to pleadings due by 9/30/2024. Plaintiff Primary Expert due by 1/10/2025. Defendant Primary Expert due by 2/7/2025. Disclosure of Non-Expert (Fact) Witness due by 12/6/2024. Rebuttal Expert due by 2/21/2025. Discovery (Expert) due by 6/27/2025. Discovery (Fact) due by 1/10/2025. Dispositive motions due by 8/2/2025. A Settlement Conference is set for 9/16/2025 at 10:00 AM in Chambers, Room 239, before Judge Michael R. Barrett. Final Pretrial Conference is set for 1/5/2026 at 10:30 AM by Teleconference before Judge Michael R. Barrett. Jury Trial is set for 3/2026 in Room 109 before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 5/31/2024. (kkz) |
|
| Tuesday, May 28, 2024 | ||
| 8 | 8
misc
Rule 26(f) Report
Tue 05/28 10:17 AM
RULE 26(f) REPORT (joint) by Plaintiffs Jason Davis, Jennifer Davis. (Wiest, Christopher) |
|
| Thursday, May 02, 2024 | ||
| 7 | 7
motion
Extension of Time to File Answer
Thu 05/02 10:38 AM
Unopposed MOTION for Extension of Time to File Answer New date requested 6/7/2024. by Defendants Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey. (Halvonik, Jonathan) |
|
|
Att: 1
Agreed Entry
|
||
| 6 | 6
notice
Notice of Appearance
Thu 05/02 10:19 AM
NOTICE of Appearance by Jonathan Major Halvonik for Defendants Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey (Halvonik, Jonathan) |
|
| 5 | 5
notice
Notice of Appearance
Thu 05/02 10:17 AM
NOTICE of Appearance by Jerome A Kunkel for Defendants Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey (Kunkel, Jerome) |
|
|
order
Order on Motion for Extension of Time to Answer
Thu 05/02 3:02 PM
NOTATION ORDER: GRANTING7 Defendants' unopposed motion for an extension of time. Defendants now have up to and including 6/7/24 to answer or otherwise respond to Plaintiffs' complaint. Signed by Judge Michael R. Barrett on 5/2/24. (kev) |
||
| Thursday, April 18, 2024 | ||
| 4 | 4
service
Summons Returned Executed
Thu 04/18 9:10 AM
SUMMONS Returned Executed as to Defendants Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey. Jay Gramke served on 4/17/2024, answer due 5/8/2024; Hamilton County, Ohio served on 4/17/2024, answer due 5/8/2024; Charmaine McGuffey served on 4/17/2024, answer due 5/8/2024. (Wiest, Christopher) |
|
| Monday, April 15, 2024 | ||
| 3 | 3
service
Summons Issued
Mon 04/15 1:35 PM
Summons Issued as to Jay Gramke, Hamilton County, Ohio, and Charmaine McGuffey. (zmc) |
|
| 2 | 2
notice
Notice of Appearance
Mon 04/15 1:20 PM
NOTICE of Appearance by Thomas B Bruns for Plaintiffs Jason Davis, Jennifer Davis (Bruns, Thomas) |
|
| 1 | 1
cmp
Complaint
Mon 04/15 11:55 AM
COMPLAINT with JURY DEMAND against Jay Gramke, Hamilton County, Ohio, Charmaine McGuffey ( Filing fee $ 405 paid - receipt number: AOHSDC-9919281), filed by Jason Davis, Jennifer Davis. (Wiest, Christopher) |
|
|
Att: 1
Exhibit Exhibit 1 - Social media post,
|
||
|
Att: 2
Exhibit Exhibit 2 - Social media post,
|
||
|
Att: 3
Exhibit Exhibit 3 - Social media post,
|
||
|
Att: 4
Exhibit Exhibit 4 - Social media post,
|
||
|
Att: 5
Civil Cover Sheet Civil Cover Sheer,
|
||
|
Att: 6
Summons Form Proposed Summons
|
||
|
misc
Docket Annotation
Mon 04/15 1:32 PM
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (zmc) |
||