Myers v. Boardman Local School District Board of Education et al
| Ohio Northern District Court | |
| Judge: | Sara Lioi |
| Case #: | 4:21-cv-02048 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 29, 2021 |
| Terminated: | Jan 09, 2023 |
| Last checked: Wednesday Apr 27, 2022 4:51 AM EDT |
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Defendant
Boardman Local School District Board of Education
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Represented By
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Defendant
Kieran Curl
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Represented By
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Defendant
Patricia Passarelli
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Represented By
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Plaintiff
Sheli Myers
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Represented By
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GPO
Jul 11 2022
4].) The Court will, by separate order, schedule the Case Management Conference. Judge Sara Lioi on 7/11/2022. (E,CK)Memorandum Opinion and Order: For the reasons set forth herein, Passarelli's motion to dismiss is granted in part and denied in part (Doc. No. 9) and Curl's motion for partial judgment on the pleadings is granted. (Doc. No. [1 |
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GPO
Nov 28 2022
Memorandum Opinion and Order: For the reasons set forth herein, the Rule 12(c) motion for judgment on the pleadings filed by defendant Boardman Local School District Board (Doc. No. 23) is granted and all remaining claims against the Board are dismissed, as are, by extension, any possible claims against Passarelli and Curl in their official capacities. The Rule 12(c) motion for judgment on the pleadings filed by defendant Patricia Passarelli in her individual capacity (Doc. No. 22) is granted in part and denied in part. Judge Sara Lioi on 11/28/2022. (E,CK) |
| 1. | Boardman Schools denies claim in federal lawsuit filed by parent (wkbn.com) |
| Submitted Thu 01/06/2022 | |
| Docket last updated: 11/22/2024 11:59 PM EST |
| Tuesday, December 05, 2023 | ||
| 40 | 40
2
pgs
order
Order
Tue 12/05 4:46 PM
Order . This matter comes before the Court upon the parties' Stipulation of Dismissal. (Doc. No.38 .) Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), parties may stipulate to dismissal of an action by filing a stipulation of dismissal signed by all parties who have appeared. The parties in this case have entered into such a stipulation and, therefore, this case is closed. Judge Sara Lioi on 12/5/2023. (V,A) |
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| 39 | 39
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pgs
order
Order
Tue 12/05 4:44 PM
Order re38 Stipulation for Dismissal. Judge Sara Lioi on 12/5/2023. (V,A) |
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| 38 | 38
notice
Stipulation (atty event)
Tue 12/05 7:46 AM
Proposed Stipulation for Dismissal and Journal Entry filed by Kieran Curl. (Pinzone, John) |
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| Tuesday, October 03, 2023 | ||
| 37 | 37
appeal
USCA Mandate
Tue 10/03 2:36 PM
True copy of order from the USCA for the Sixth Circuit: Dismissing the appeal, upon stipulation of the parties re36 (USCA# 22-4072 . Date issued by USCA 10/2/23 (H,SP) |
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| Monday, January 09, 2023 | ||
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order
Order Dismissing Case
Mon 01/09 11:04 AM
Order (non-document): In light of the notice of appeal, the Case Management Conference scheduled for 1/17/2023 is canceled for all remaining parties and this case is administratively closed until the Sixth Circuit resolves the appeal. Judge Sara Lioi on 1/9/2023. (V,A) |
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| Wednesday, December 28, 2022 | ||
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appeal
Acknowledgment from the USCA
Wed 12/28 3:02 PM
Acknowledgment from the USCA for Sixth Circuit of receipt of36 Notice of Appeal (USCA# 22-4072 . Date filed in USCA 12/28/22. (H,SP) |
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| Tuesday, December 27, 2022 | ||
| 36 | 36
appeal
Notice of Appeal
Tue 12/27 12:04 PM
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals as to30 Memorandum Opinion and Order,,, Terminate Motions,, by Patricia Passarelli. ( Filing fee $ 505 receipt number AOHNDC-11768159.). (Freeze, Bartholomew) |
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| 35 | 35
notice
Notice of Service (atty event)
Tue 12/27 9:20 AM
Notice of Service of Initial Disclosures filed by Kieran Curl. (Pinzone, John) |
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| Tuesday, December 13, 2022 | ||
| 34 | 34
notice
Attorney Substitution (atty event)
Tue 12/13 12:39 PM
Notice of Substitution of Counsel removing attorney Latifat O. Osinowo and adding attorney Myrl H. Shoemaker, III filed by on behalf of Patricia Passarelli. (Shoemaker, Myrl) |
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| 33 | 33
notice
Attorney Appearance (atty event)
Tue 12/13 11:59 AM
Attorney Appearance by Amy K. Herman filed by on behalf of Kieran Curl. (Herman, Amy) |
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| Monday, November 28, 2022 | ||
| 32 | 32
oth_evt
Magistrate Consent Package Issued by Courtroom Deputy
Mon 11/28 6:52 PM
Magistrate Consent Package issued. (E,CK) |
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| 31 | 31
order
Case Management Conference Scheduling Order
Mon 11/28 6:44 PM
Case Management Conference Scheduling Order : Telephone case management conference, with counsel only, to be held on 1/17/2023 at 12:00 p.m. before Judge Sara Lioi. Directions for joining the call will be emailed to counsel of record no later than the day before the CMC. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 12/27/2022. All other parties must serve on opposing parties the initial disclosures by 1/3/2022. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 11/28/2022. (E,CK) |
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Att: 1
Report of Parties' Planning Meeting
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| 30 | 30
minutes
~Util - Terminate Motions Memorandum Opinion and Order
Mon 11/28 5:48 PM
Memorandum Opinion and Order : For the reasons set forth herein, the Rule 12(c) motion for judgment on the pleadings filed by defendant Boardman Local School District Board (Doc. No.23 ) is granted and all remaining claims against the Board are dismissed, as are, by extension, any possible claims against Passarelli and Curl in their official capacities. The Rule 12(c) motion for judgment on the pleadings filed by defendant Patricia Passarelli in her individual capacity (Doc. No.22 ) is granted in part and denied in part. Judge Sara Lioi on 11/28/2022. (E,CK) |
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| Tuesday, October 11, 2022 | ||
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resp
Reply
Tue 10/11 1:54 PM
Reply in support of23 Motion for judgment on the pleadings filed by Boardman Local School District Board of Education. (Perrico, Kathryn) |
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| Monday, October 03, 2022 | ||
| 28 | 28
resp
Reply
Mon 10/03 9:26 AM
Reply in support of22 Motion for judgment on the pleadings (Partial) filed by Patricia Passarelli. (Freeze, Bartholomew) |
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| Wednesday, September 28, 2022 | ||
| 27 | 27
resp
Opposition
Wed 09/28 3:46 PM
Opposition to23 Motion for judgment on the pleadings filed by Sheli Myers. (DiCello, Nicholas) |
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| Tuesday, September 20, 2022 | ||
| 26 | 26
resp
Opposition
Tue 09/20 9:14 AM
Opposition to22 Motion for judgment on the pleadings (Partial) (Corrected Brief in Opposition) filed by Sheli Myers. (DiCello, Nicholas) |
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| Monday, September 19, 2022 | ||
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resp
Opposition
Mon 09/19 5:51 PM
Opposition to22 Motion for judgment on the pleadings (Partial) filed by Sheli Myers. (DiCello, Nicholas) |
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| Tuesday, August 30, 2022 | ||
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order
Order on Motion to stay
Tue 08/30 8:45 AM
Order [non-document] granting defendant Board of Education's Motion to stay discovery until resolution of the pending motions for judgment on the pleadings (Doc # [22 ,23 ); further continuing the 9/14/2022 telephonic Case Management Conference until further order of the Court. Judge Sara Lioi on 8/30/2022. (D,S) |
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| Monday, August 29, 2022 | ||
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motion
Stay
Mon 08/29 11:46 AM
Motion to stay Discovery filed by Defendant Boardman Local School District Board of Education. (Perrico, Kathryn) |
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| 23 | 23
motion
Judgment on the Pleadings
Mon 08/29 11:43 AM
Motion for judgment on the pleadings filed by Defendant Boardman Local School District Board of Education.(Perrico, Kathryn) |
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Att: 1
Exhibit Exhibit A: Board Policy 0171,
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Att: 2
Exhibit Exhibit B: Board Policies 4139 and 4140,
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Att: 3
Exhibit Exhibit C: Boardman BOE Minutes February 2021
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order
Order
Mon 08/29 7:57 AM
Order [non-document]: The telephonic case management conference scheduled for 9/14/2022 at 11:30 a.m. is rescheduled to 9/14/2022 at 10:15 a.m. Note: This is a change in time only. Judge Sara Lioi on 8/29/2022. (D,S) |
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| Friday, August 19, 2022 | ||
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motion
Judgment on the Pleadings
Fri 08/19 12:24 PM
Motion for judgment on the pleadings (Partial) filed by Defendant Patricia Passarelli. (Freeze, Bartholomew) |
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| Monday, July 25, 2022 | ||
| 21 | 21
answer
Answer to Complaint
Mon 07/25 12:30 PM
Answer to1 Complaint,, filed by Patricia Passarelli. (Freeze, Bartholomew) |
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| Monday, July 11, 2022 | ||
| 20 | 20
oth_evt
Magistrate Consent Package Issued by Courtroom Deputy
Mon 07/11 10:40 AM
Magistrate Consent Package issued. (E,CK) |
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| 19 | 19
order
Case Management Conference Scheduling Order
Mon 07/11 10:37 AM
Case Management Conference Scheduling Order : Telephone case management conference, with counsel only, to be held on 9/14/2022 at 11:30 a.m. before Judge Sara Lioi. Directions for joining the call will be emailed to counsel of record no later than the day before the CMC. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 8/24/2022. All other parties must serve on opposing parties the initial disclosures by 8/31/2022. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 7/11/2022. (E,CK) |
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Att: 1
Report of Parties' Planning Meeting
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13
pgs
order
Order on Motion to dismiss for failure to state a claim Order on Motion for judgment on the pleadings
Mon 07/11 10:02 AM
Memorandum Opinion and Order: For the reasons set forth herein, Passarelli's motion to dismiss is granted in part and denied in part (Doc. No.9 ) and Curl's motion for partial judgment on the pleadings is granted. (Doc. No.14 .) The Court will, by separate order, schedule the Case Management Conference. Judge Sara Lioi on 7/11/2022. (E,CK) |
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| Monday, June 20, 2022 | ||
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notice
Notice (atty event)
Mon 06/20 12:14 PM
Notice of Withdrawal as Counsel of Record of Alyssa J. Keene filed by Kieran Curl. (Pinzone, John) |
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| Monday, April 04, 2022 | ||
| 16 | 16
resp
Reply
Mon 04/04 12:04 PM
Reply in support of14 Motion for partial judgment on the pleadings as to counts one and three of plaintiff's complaint filed by Kieran Curl. (Sipusic, David) |
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| Thursday, March 24, 2022 | ||
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resp
Opposition
Thu 03/24 9:46 AM
Opposition to14 Motion for partial judgment on the pleadings as to counts one and three of plaintiff's complaint filed by Sheli Myers. (Lewis, Michael) |
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| Tuesday, February 22, 2022 | ||
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motion
Judgment on the Pleadings
Tue 02/22 7:50 AM
Motion for partial judgment on the pleadings as to counts one and three of plaintiff's complaint, filed by Defendant Kieran Curl. Related document(s)1 . (Sipusic, David) |
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| Friday, February 18, 2022 | ||
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notice
Attorney Appearance (atty event)
Fri 02/18 10:23 AM
Attorney Appearance as Additional Counsel by David J. Sipusic filed by on behalf of Kieran Curl. (Sipusic, David) |
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| Tuesday, February 15, 2022 | ||
| 12 | 12
resp
Reply
Tue 02/15 10:02 AM
Reply in support of9 Motion to dismiss for failure to state a claim filed by Patricia Passarelli. (Freeze, Bartholomew) |
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| Wednesday, February 02, 2022 | ||
| 11 | 11
resp
Opposition
Wed 02/02 2:33 PM
Opposition to9 Motion to dismiss for failure to state a claim filed by Sheli Myers. (DiCello, Nicholas) |
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| Monday, January 03, 2022 | ||
| 10 | 10
answer
Answer to Complaint
Mon 01/03 4:38 PM
Answer to1 Complaint,, with Jury Demand filed by Boardman Local School District Board of Education. (Perrico, Kathryn) |
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| 9 | 9
motion
Dismiss for Failure to State a Claim
Mon 01/03 4:29 PM
Motion to dismiss for failure to state a claim filed by Defendant Patricia Passarelli. Related document(s)1 . (Freeze, Bartholomew) |
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| Thursday, December 30, 2021 | ||
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answer
Answer to Complaint
Thu 12/30 2:39 PM
Defendant Kieran Curl's Answer to1 Complaint,, with Jury Demand filed by Kieran Curl. (Pinzone, John) |
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| Monday, November 22, 2021 | ||
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order
Order on Motion to appear pro hac vice
Mon 11/22 11:13 AM
Order [non-document] granting Motion for appearance pro hac vice by attorney Michael P. Lewis for Sheli Myers. 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. (Doc. No.4 .) Judge Sara Lioi on 11/22/2021. (E,CK) |
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| Thursday, November 11, 2021 | ||
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service
Waiver of Service Executed
Thu 11/11 12:36 PM
Waiver of Service Returned Executed by Sheli Myers. Boardman Local School District Board of Education waiver sent on 11/4/2021, answer due 1/3/2022; Kieran Curl waiver sent on 11/4/2021, answer due 1/3/2022; Patricia Passarelli waiver sent on 11/4/2021, answer due 1/3/2022 filed on behalf of Sheli Myers (DiCello, Nicholas) |
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| Monday, November 08, 2021 | ||
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notice
Attorney Appearance (atty event)
Mon 11/08 12:23 PM
Attorney Appearance by Bartholomew T. Freeze and Genevieve M. Hoffman filed by on behalf of Patricia Passarelli. (Freeze, Bartholomew) |
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| Friday, November 05, 2021 | ||
| 5 | 5
notice
Attorney Appearance (atty event)
Fri 11/05 10:09 AM
Attorney Appearance by Kathryn I. Perrico filed by on behalf of Boardman Local School District Board of Education. (Perrico, Kathryn) |
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| Thursday, November 04, 2021 | ||
| 4 | 4
motion
Appear Pro Hac Vice
Thu 11/04 10:56 AM
Motion for attorney Michael P. Lewis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11117753, filed by Plaintiff Sheli Myers.(DiCello, Nicholas) |
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Att: 1
Affidavit (EXHIBIT 1) Affidavit of Michael P. Lewis in Support of Motion for Admission Pro Hac Vice
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| Monday, November 01, 2021 | ||
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oth_evt
Notice Regarding Attorney Admission Status
Mon 11/01 9:29 AM
Notice to Attorney Michael P. Lewis. 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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| Friday, October 29, 2021 | ||
| 3 | 3
oth_evt
Summons Issued
Fri 10/29 1:11 PM
Original Summons and Magistrate Consent Form issued to counsel for service upon All Defendants. (D,Ju) |
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Att: 1
Magistrate Consent Form
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| 2 | 2
order
Initial Order - Judge Lioi
Fri 10/29 12:49 PM
Initial Standing Order. Judge Sara Lioi on 10/29/2021. (D,Ju) |
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Att: 1
Appendix A-Witness List,
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Att: 2
Appendix B-Exhibit List
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| 1 | 1
cmp
Complaint
Fri 10/29 12:17 PM
Complaint with jury demand against Boardman Local School District Board of Education, Kieran Curl, Patricia Passarelli. Filing fee paid $ 402, Receipt number AOHNDC-11108556. Filed by Sheli Myers. |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons to Defendant Boardman Local School District Board of Education,
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Att: 3
Summons to Defendant Kieran Curl c/o Boardman Local School District Board of Education,
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Att: 4
Summons to Defendant Patricia Passarelli c/o Boardman Local School District Board of Education (DiCello, Nicholas
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utility
Add and Terminate Judge
Fri 10/29 12:45 PM
Judge Sara Lioi assigned to case. (D,Ju) |
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oth_evt
Random Assignment of Magistrate Judge
Fri 10/29 12:46 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 Carmen E. Henderson. (D,Ju) |
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