Al-Dabagh v. Case Western Reserve University

Ohio Northern District Court
Judge:	James S Gwin
Case #:	1:14-cv-01046
Nature of Suit	190 Contract - Other Contract
Cause	28:2201 Injunction

Case Filed:	May 14, 2014
Terminated:	Jun 02, 2014

Last checked: Tuesday Jan 20, 2015 2:13 PM EST

Defendant Case Western Reserve University	Represented By Jennifer B. Orr Taft Stettinius & Hollister - Cleveland contact info David H. Wallace Taft Stettinius & Hollister - Cleveland contact info
Plaintiff Amir A Al-Dabagh 2228 Lost Creek Drive Flushing, MI 48433	Represented By Mayer Morganroth Morganroth & Morganroth contact info Patrick J. Quallich Wegman, Hessler, & Vanderburg contact info Peter A. Holdsworth Wegman, Hessler, & Vanderburg contact info Christopher A. Holecek Wegman, Hessler, & Vanderburg contact info

GPO May 14 2014
Opinion and Order signed by Judge James S. Gwin on 5/14/14 granting plaintiff's motion for a temporary restraining order. The Court enjoins the university from 1) expelling or dismissing plaintiff from the School of Medicine and 2) disclosing to anyone that plaintiff has been expelled or dismissed from the university. The Court schedules this matter for a hearing on 5/19/14 at 10:00 a.m., Courtroom 18A (Cleveland) at which time the Court will determine whether to continue the temporary restraining order. Plaintiff must post a $200 cash bond. The Court denies the emergency motion for a conference before 5/17/14 as moot. (Related Docs. 3, 8) (M,G)

GPO Jun 02 2014
Opinion and Order signed by Judge James S. Gwin on 6/2/14 issuing a permanent injunction and ordering Case Western Reserve University to issue a diploma to plaintiff as set forth in this entry. (Related Docs. 2, 12, 14, 15, 16) (M,G)

Docket last updated: 2 hours ago

Thursday, October 29, 2015
		oth_evt Remark by Finance Thu 10/29 9:19 AM Remark by Finance. Funds in the amount of $200.00 disbursed on 10/13/2015. (G,P) Related: [-]
Tuesday, October 13, 2015
33		33 order Order on Motion for order Tue 10/13 9:48 AM Order signed by Judge James S. Gwin on 10/13/15 granting plaintiff's motion for release of funds. The Clerk's Office shall issue payment in the amount of $200 excluding interest as set forth in this order. Related [+] (W,M) Related: [-] .32
Thursday, October 08, 2015
32		32 motion Order Thu 10/08 3:08 PM Motion release of funds filed by Plaintiff Amir A Al-Dabagh. Related document(s)9 .(Holdsworth, Peter) Related: [-]
		Att: 1 Proposed Order Proposed Order
Tuesday, June 23, 2015
31		31 appeal USCA Mandate Tue 06/23 2:47 PM True copy of mandate from the USCA for the Sixth Circuit: The District Court's judgment is reversed re22 Notice of Appeal (USCA# 14-3551 . Date issued as mandate 6/22/15, Costs: None (H,SP) Related: [-]
30		30 appeal Appeal Remark Tue 06/23 2:45 PM Appeal Order from US Supreme Court: The petition for a writ of certiorari is denied re29 (No. 14-1307 (H,SP) Related: [-]
Wednesday, May 06, 2015
29		29 appeal Appeal Remark Wed 05/06 1:01 PM Appeal Remark from US Supreme Court: The petition for a writ of certiorari was filed on 4/28/15 and placed on the docket 5/1/15 as No. 14-1307 (H,SP) Related: [-]
Thursday, March 19, 2015
28		28 appeal Appeal Remark Thu 03/19 2:08 PM Appeal Order from USCA for the Sixth Circuit: The mandate is stayed to allow appellee time to file a petition for a writ of certiorari, and thereafter until the Supreme Court disposes of the case, but shall promptly issue if the petition is not filed within ninety days from the date of final judgment by this court re22 Notice of Appeal (USCA# 14-3551 . Circuit Judges: Batchelder, Sutton and Cook. Date issued by USCA 3/18/15 (H,SP) Related: [-]
Monday, July 28, 2014
25		25 Transcript of Status Conference held on May 19, 2014 before Judge James S. Gwin. To obtain a bound copy of this transcript please contact court reporter Sue Trischan at 216-357-7087. [12 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/4/2014. Redaction Request due 8/18/2014. Redacted Transcript Deadline set for 8/28/2014. Release of Transcript Restriction set for 10/27/2014. (T,S) Related: [-]
Thursday, June 19, 2014
		Transcript Order received by court reporter Sue Trischan. Estimated number of pages: 15. Transcript Order received on 6/12/2014. Financial arrangements made on 6/12/2014. Estimated completion date is 7/14/2014. (T,S) Related: [-]
Thursday, June 12, 2014
24		24 Acknowledgment from the USCA for Sixth Circuit of receipt of22 Notice of Appeal (USCA# 14-3551 . Date filed in USCA 6/10/14. (H,SP) Related: [-]
Wednesday, June 11, 2014
23		23 Transcript Request by Amir A Al-Dabagh for proceedings held on May 19, 2014 before Judge James S. Gwin, re22 Notice of Appeal,. Court Reporter: Sue Trischan. Transcript required for appeal. (Holdsworth, Peter) Related: [-]
Monday, June 09, 2014
22		22 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the18 Opinion and Order and19 Judgment of 6/2/14, filed by Case Western Reserve University. (Filing fee of $505 paid, receipt number 0647-6580100) (Wallace, David). Modified text on 6/10/2014 (H,SP). Related: [-]
Sunday, June 08, 2014
21		21 Transcript of Preliminary Injunction Hearing held on May 27, 2014 before Judge James S. Gwin. To obtain a bound copy of this transcript please contact court reporter Sue Trischan at 216-357-7087. [90 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/16/2014. Redaction Request due 6/30/2014. Redacted Transcript Deadline set for 7/9/2014. Release of Transcript Restriction set for 9/8/2014. (T,S) Related: [-]
Wednesday, June 04, 2014
20		20 Expedited Non-Appeal Transcript Order Form for proceedings held on 5/27/14 before Judge Gwin, re17 Oral Argument - Final. Court Reporter: Trischan. Requested completion date: Expedited filed by Case Western Reserve University. Related document(s)17 . (Wallace, David) Related: [-]
Monday, June 02, 2014
19		19 Judgment signed by Judge James S. Gwin on 6/2/14. The Court, for the reasons set forth in its Opinion and Order issuing a permanent injunction, orders defendant to issue a diploma to plaintiff as having satisfied the requirements to become a doctor of medicine and to list plaintiff as having graduated in whatever ways are customary for the school. Related [+] (M,G) Related: [-] .18
18		18 25 pgs Opinion and Order signed by Judge James S. Gwin on 6/2/14 issuing a permanent injunction and ordering Case Western Reserve University to issue a diploma to plaintiff as set forth in this entry. Related [+] (M,G) Related: [-] s.2 ,12 ,14 ,15 ,16
Tuesday, May 27, 2014
17		17 Minutes of oral argument on permanent injunction before Judge James S. Gwin on 5/27/14; Court's order to follow. (Court Reporter: S. Trischan; Time: 1 hr. 54 min.) (M,G) Related: [-]
Friday, May 23, 2014
16		16 Response to2 Motion for preliminary injunction ,3 Motion for temporary restraining order filed by Amir A Al-Dabagh. (Holdsworth, Peter) Related: [-]
Thursday, May 22, 2014
15		15 Response to14 Plaintiff's Supplemental Memorandum in Support of2 Motion for preliminary injunction filed by Case Western Reserve University.(Wallace, David) Modified text 5/23/2014 (K,K). Related: [-]
		Att: 1 Exhibit A - Student Handbook,
		Att: 2 Exhibit B - COS Roster,
		Att: 3 10 pgs Exhibit C - Affidavit of Dr. Susan Padrino,
		Att: 4 Exhibit D - Padrino CV,
		Att: 5 10 pgs Exhibit E - Affidavit of Dr. Robert Haynie,
		Att: 6 Exhibit F - Haynie CV,
		Att: 7 Exhibit G - Student E-mails,
		Att: 8 Exhibit H - Police Report,
		Att: 9 3 pgs Exhibit I - IQ Evaluation,
		Att: 10 Exhibit J - 02.16.12 Letter,
		Att: 11 Exhibit K - 11.01.13 E-mail,
		Att: 12 Exhibit L - 11.22.13 Letter,
		Att: 13 8 pgs Exhibit M - MSPE Letter,
		Att: 14 Exhibit N - 12.19.13 Letter,
		Att: 15 Exhibit O - 01.30.14 Letter,
		Att: 16 Exhibit P - 04.09.14 Letter,
		Att: 17 Exhibit Q - Oath of Professionalism,
		Att: 18 Exhibit R - 04.18.14 Letter,
		Att: 19 Exhibit S - 05.08.14 Letter,
		Att: 20 Exhibit T - State Medical Board Report
Tuesday, May 20, 2014
14		14 Response to2 Motion for preliminary injunction filed by All Plaintiffs Related [+]. (Holdsworth, Peter). Modified on 5/21/2014 to add link (H,SP). Related: [-] 13
		Att: 1 Exhibit Al-Dabagh third declaration,
		Att: 2 Exhibit JAAD publication,
		Att: 3 Exhibit Feldman letter
Monday, May 19, 2014
13		13 Order signed by Judge James S. Gwin on 5/19/14. The Court continues the Temporary Restraining Order until further order of the Court. Pursuant to the parties' agreement to consolidate both the preliminary and permanent injunction hearing, the Court set the following schedule: 1) plaintiff's brief in support due 5/20/14 at close of business; 2) defendant's brief in opposition due 5/22/14 at close of business; 3) plaintiff's reply to be filed by 5/24/14 at 12:00 noon. Oral argument on whether a permanent injunction should issue set for 5/27/14 at 9:00 a.m., Courtroom 18A (Cleveland). As set forth in this entry, the University should file all materials in this case on the Court's public docket. Related [+] (M,G) Modified text on 5/21/2014 (H,SP). Related: [-] s.1 ,2
12		12 Opposition to3 Motion for temporary restraining order ,2 Motion for preliminary injunction filed by Case Western Reserve University.(Wallace, David) Related: [-]
		Att: 1 Exhibit A - Student E-mails,
		Att: 2 Exhibit B - Police Incident Report,
		Att: 3 Exhibit C - IQ Group Assessment,
		Att: 4 Exhibit D - 02.16.12 Letter to Al-Dabagh,
		Att: 5 Exhibit E - 11.01.13 E-mail,
		Att: 6 Exhibit F - 11.22.13 Letter to Al-Dabagh,
		Att: 7 Exhibit G - 12.19.13 Letter to Al Dabagh,
		Att: 8 Exhibit H - 01.30.14 Letter to Al-Dabagh,
		Att: 9 Exhibit I - 04.09.14 Letter to Al-Dabagh,
		Att: 10 Exhibit J - 04.18.14 Letter to Al-Dabagh,
		Att: 11 Exhibit K - 05.08.14 Letter to Al-Dabagh,
		Att: 12 Exhibit L - 05.14.14 E-mail to Al-Dabagh
11		11 Minutes of hearing on continuance of Temporary Retraining Order; order to follow. (Court Reporter: S. Trischan; Time: 19 min.) (M,G) Related: [-]
Friday, May 16, 2014
10		10 Notice of Filing Supplemental Exhibits in Support of Plaintiff's Motion for Preliminary Injunction filed by Amir A Al-Dabagh.Related document(s)2 .(Holdsworth, Peter) Modified to add attachment descriptions 5/19/2014 (K,K). Related: [-]
		Att: 1 Exhibit 18 - Second Declaration of Amir A. Al-Dabagh,
		Att: 2 Exhibit 19 - CWRU Handbook Judicial Procedures,
		Att: 3 Exhibit 20 - CWRU Undergraduate Handbook,
		Att: 4 Exhibit 21 - Class of 2014 Graduation Requirements,
		Att: 5 2 pgs Exhibit 22 - Letter from Dean Haynie dated November 30, 2011,
		Att: 6 Exhibit 23 - Letter from Dean Haynie dated July 24, 2012,
		Att: 7 Exhibit 24 - Clinical Activity Final Evaluation for Internal Medicine Acting Internship, December, 16, 2013 January 12, 2014,
		Att: 8 Exhibit 25 - May 16, 2014 email correspondence between Siu Yan Scott and Plaintiff
Thursday, May 15, 2014
		Bond in the amount of $200.00 received from Wegman Hessler & Vanderburg. Receipt # 14660069558 Related document(s)9 . (C,BA) Related: [-]
Wednesday, May 14, 2014
9		9 4 pgs Opinion and Order signed by Judge James S. Gwin on 5/14/14 granting plaintiff's motion for a temporary restraining order. The Court enjoins the university from 1) expelling or dismissing plaintiff from the School of Medicine and 2) disclosing to anyone that plaintiff has been expelled or dismissed from the university. The Court schedules this matter for a hearing on 5/19/14 at 10:00 a.m., Courtroom 18A (Cleveland) at which time the Court will determine whether to continue the temporary restraining order. Plaintiff must post a $200 cash bond. The Court denies the emergency motion for a conference before 5/17/14 as moot. Related [+] (M,G) Related: [-] s.3 ,8
8		8 Emergency Motion for conference/hearing to Address Plaintiff's Motion for TRO filed by Plaintiff Amir A Al-Dabagh. Related document(s)3 . (Holdsworth, Peter) Related: [-]
7		7 Attorney Appearance by David H. Wallace filed by on behalf of Case Western Reserve University. (Wallace, David) Related: [-]
6		6 Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Lesley Wells on 5/14/2014. (C,LS) Related: [-]
5		5 Magistrate Consent Form issued. No summons provided, no summons issued. (C,BA) Related: [-]
4		4 Supplement Civil Cover Sheet to1 Complaint, filed by All Plaintiffs. Related document(s)1 . (Holdsworth, Peter) Related: [-]
3		3 Motion for temporary restraining order filed by Plaintiff Amir A Al-Dabagh.(Holdsworth, Peter) Related: [-]
		Att: 1 Holecek affidavit
2		2 Motion for preliminary injunction filed by Plaintiff Amir A Al-Dabagh.(Holdsworth, Peter) Related: [-]
		Att: 1 Brief in Support Brief in Support of Motion for Injunctive Relief,
		Att: 2 Exhibit Al-Dabagh declaration,
		Att: 3 Exhibit Al-Dabagh CV,
		Att: 4 Exhibit Student Handbook graduation requirements,
		Att: 5 Exhibit Student Handbook - Curriculum,
		Att: 6 5 pgs Exhibit Grade Report,
		Att: 7 Exhibit CWRU 4-10-14 letter,
		Att: 8 Exhibit Student Handbook - COS,
		Att: 9 Exhibit CWRU 2-16-12 letter,
		Att: 10 Exhibit Satisfactory Grade for Internship,
		Att: 11 Exhibit Doucet email,
		Att: 12 Exhibit CWRU 11-22-13 letter,
		Att: 13 Exhibit Roberts affidavit,
		Att: 14 Exhibit Notice of Referral 4-14-14,
		Att: 15 Exhibit CWRU 4-18-14 letter,
		Att: 16 Exhibit CWRU 5-8-14 letter,
		Att: 17 Exhibit Student Handbook - Disciplinary Process,
		Att: 18 Exhibit Student Handbook - Standards of Conduct
1		1 Complaint with jury demand Declaratory Judgment and Injunctive Relief against Case Western Reserve University. Filing fee paid $ 400, Receipt number 0647-6543589. Filed by Amir A Al-Dabagh. (Holdsworth, Peter) Related: [-]
		Att: 1 Exhibit Student handbook,
		Att: 2 Exhibit April 10, 2014 letter
		Judge Lesley Wells assigned to case. (C,BA) Related: [-]
		Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Baughman. (C,BA) Related: [-]
		Judge James S. Gwin assigned to case. Judge Lesley Wells terminated. (C,BA) Related: [-]

Continue to Create Account