Lovelo v. Clermont County Sheriff's Office et al
| Ohio Southern District Court | |
| Judge: | Stephanie K Bowman |
| Case #: | 1:23-cv-00114 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Feb 25, 2023 |
| Last checked: Saturday Aug 26, 2023 1:16 PM EDT |
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Defendant
Joseph Bailey
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Represented By
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Defendant
Clermont County Sheriff's Office
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Represented By
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Defendant
Clermont County, Ohio
101 East Main Street
Batavia, OH 45103 |
Represented By
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Defendant
Samantha Irwin
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Represented By
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Defendant
Sheriff Robert Leahy
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Represented By
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Defendant
Eric Mullenix
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Represented By
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Defendant
Gregory Paff
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Represented By
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Defendant
Dylan Pemberton
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Represented By
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Defendant
Terra Shouse
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Represented By
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Defendant
Southern Health Partners
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Represented By
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Defendant
Alex Tincher
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Represented By
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Plaintiff
Mark Lovelo
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Represented By
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GPO
Dec 21 2023
OPINION AND ORDER granting 10 the County Defendants' Motion to Dismiss and dismissing the claims against Clermont County and the Clermont County Sheriff's Office with prejudice. Lovelo is free to move to join the Clermont County Board of Commissioners under Rule 20 in their stead. Signed by Judge Douglas R. Cole on 12/21/23. (sct) |
| Docket last updated: 2 hours ago |
| Friday, April 18, 2025 | ||
| 37 | 37
misc
Stipulation
Fri 04/18 4:17 PM
STIPULATION Agreed Protective Order by Defendant Samantha Irwin. (Fyffe, Bradley) |
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| Tuesday, March 18, 2025 | ||
| 36 | 36
notice
Notice (Other)
Tue 03/18 11:58 PM
NOTICE by Plaintiff Mark Lovell of Service of Discovery Requests (O'Brien, James) |
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| Monday, March 17, 2025 | ||
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minutes
Telephone Conference Order on Motion for Protective Order
Mon 03/17 11:29 AM
Minute Order. Proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Movant's Kristina McAfee-Lovell's Motion for Protective Order (doc.34 ) held on 3/17/2025. Attorney James O'Brien appeared on behalf of Plaintiff. Attorneys Brian Shrive, Daniel Startsman, Jeanette Nichols and Bradley Fyffe appeared on behalf of Defendants. Arguments heard. The motion for protective order is DENIED. Deposition to proceed at Clermont County Engineer's Office. All parties may attend. (km) |
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| Friday, March 07, 2025 | ||
| 34 | 34
motion
Protective Order
Fri 03/07 12:31 PM
MOTION for Protective Order by Movant Kristina McAfee-Lovell. (O'Brien, James) |
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Att: 1
Rule 37(a)(1) Certification,
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Att: 2
Declaration of James Griffin O'Brien,
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Att: 3
A - Email from Brian C. Shrive dated 10/08/2024,
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Att: 4
B - Email sent by James O'Brien dated 10/08/2024,
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Att: 5
C - Email from Bradley S. Fyffe dated 10/08/2024,
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Att: 6
D - Email from Kim Rutowski dated 01/21/2025,
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Att: 7
E - Subpoena dated 02/26/2025,
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Att: 8
F - Letter from James G. O'Brien dated 03/05/2025,
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Att: 9
G - Email from Brian C. Shrive dated 03/06/2025
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| Monday, February 03, 2025 | ||
| 33 | 33
notice
Notice (Other)
Mon 02/03 4:13 PM
NOTICE by Plaintiff Mark Lovell of Serving Expert Disclosures (O'Brien, James) |
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| Friday, May 24, 2024 | ||
| 32 | 32
answer
Answer to Amended Complaint
Fri 05/24 12:59 PM
ANSWER to23 Amended Complaint, filed by Joseph Bailey, Clermont County Board of Commissioners, Robert Leahy, Eric Mullenix, Gregory Paff, Dylan Pemberton, Terra Shouse, Alex Tincher. (Shrive, Brian) |
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| Monday, May 20, 2024 | ||
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utility
Set/Reset Deadlines
Mon 05/20 9:25 AM
Reset Deadlines: Answer re23 Amended Complaint due 5/24/2024. (zmc) |
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| Friday, May 17, 2024 | ||
| 31 | 31
3
pgs
order
Order on Motion to Strike Order on Motion for Extension of Time to File
Fri 05/17 4:28 PM
ORDER - IT IS ORDERED: (1) The motion to extend time to 2/28/2024 for the filing of the Amended Complaint (Doc.30 ) is GRANTED, with the Amended Complaint to be considered as timely filed; (2) The motion of the County Board of Commissioners to strike the Amended Complaint as untimely (Doc.26 ) is DENIED AS MOOT; (3) The time for answering or responding to the Amended Complaint is hereby enlarged to 5/24/2024; (4) All other deadlines stated in the Court's Calendar Order of 2/6/2024 shall remain unchanged, absent a motion seeking to extend time filed in advance of the stated deadline. Signed by Magistrate Judge Stephanie K. Bowman on 5/17/2024. (km) |
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| Tuesday, March 26, 2024 | ||
| 30 | 30
motion
Extension of Time to File Document
Tue 03/26 10:14 PM
MOTION for Extension of Time to File New date requested 2/28/2024. (Allowing the Filing of the Amended Complaint (Doc. 23) One Day Late) by Plaintiff Mark Lovell. (O'Brien, James) |
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Att: 1
Declaration of James G. O'Brien,
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Att: 2
Text of Proposed Order
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| 29 | 29
respm
Response in Opposition to Motion
Tue 03/26 10:11 PM
RESPONSE in Opposition re26 MOTION to Strike Plaintiff's Amended Complaint filed by Plaintiff Mark Lovell. (O'Brien, James) |
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Att: 1
Declaration of James G. O'Brien
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| Thursday, March 14, 2024 | ||
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utility
Set/Reset Deadlines
Thu 03/14 10:13 AM
Set Deadlines: Clermont County Board of Commissioners answer due 4/2/2024 re28 . (bjc) |
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| Wednesday, March 13, 2024 | ||
| 28 | 28
service
Affidavit of Service
Wed 03/13 4:35 PM
AFFIDAVIT of Service for First Amended Complaint, Summons served on Clermont County Board of Commissioners on 03/12/2024, filed by Plaintiff Mark Lovell. (O'Brien, James) |
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| 27 | 27
answer
Answer to Amended Complaint
Wed 03/13 3:43 PM
Defendants Southern Health Partners and Samantha Irwin's ANSWER to23 Amended Complaint, filed by Samantha Irwin, Southern Health Partners. (Fyffe, Bradley) |
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| Tuesday, March 05, 2024 | ||
| 26 | 26
motion
Strike
Tue 03/05 12:32 PM
MOTION to Strike Plaintiff's Amended Complaint by Defendants Joseph Bailey, Clermont County Board of Commissioners, Robert Leahy, Eric Mullenix, Gregory Paff, Dylan Pemberton, Terra Shouse, Alex Tincher. (Shrive, Brian) |
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| Thursday, February 29, 2024 | ||
| 25 | 25
service
Summons Issued
Thu 02/29 9:21 AM
Summons Issued as to Clermont County Board of Commissioners. (bjc) |
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| Wednesday, February 28, 2024 | ||
| 24 | 24
service
Request for Issuance of Summons
Wed 02/28 12:04 PM
REQUEST for Issuance of Summons. as to added Defendant Clermont County Board of Commissioners (O'Brien, James) |
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| 23 | 23
cmp
Amended Complaint
Wed 02/28 11:56 AM
AMENDED COMPLAINT against Joseph Bailey, Samantha Irwin, Robert Leahy, Eric Mullenix, Gregory Paff, Dylan Pemberton, Terra Shouse, Southern Health Partners, Alex Tincher, Clermont County Board of Commissioners, filed by Mark Lovelo. (O'Brien, James) |
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| Tuesday, February 06, 2024 | ||
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minutes
Telephone Conference
Tue 02/06 11:21 AM
Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 2/6/2024. Attorney James O'Brien appeared on behalf of Plaintiff. Attorneys Jeanette Nichols, Daniel Startsman, Kimberly Rutowski and Bradley Fyffe appeared on behalf of Defendants. Calendar Order to follow. (km) |
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| Tuesday, January 23, 2024 | ||
| 20 | 20
misc
Consent to Jurisdiction by US Magistrate Judge
Tue 01/23 12:39 PM
ORDER OF CONSENT to Jurisdiction by U.S. Magistrate Judge Stephanie K. Bowman. Signed by Judge Douglas R. Cole on 1/23/24. (sct) |
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| Friday, January 19, 2024 | ||
| 19 | 19
misc
Rule 26(f) Report
Fri 01/19 3:34 PM
RULE 26(f) REPORT Joint Report of the Parties by Defendant Robert Leahy. (Shrive, Brian) |
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| Thursday, December 21, 2023 | ||
| 18 | 18
9
pgs
order
Order on Motion to Dismiss
Thu 12/21 4:38 PM
OPINION AND ORDER granting10 the County Defendants' Motion to Dismiss and dismissing the claims against Clermont County and the Clermont County Sheriff's Office with prejudice. Lovelo is free to move to join the Clermont County Board of Commissioners under Rule 20 in their stead. Signed by Judge Douglas R. Cole on 12/21/23. (sct) |
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| Thursday, September 28, 2023 | ||
| 17 | 17
notice
Notice of Appearance
Thu 09/28 10:24 AM
NOTICE of Appearance by Daniel Boone Startsman, III for Defendants Joseph Bailey, Clermont County Sheriff's Office, Clermont County, Ohio, Robert Leahy, Eric Mullenix, Gregory Paff, Dylan Pemberton, Terra Shouse, Alex Tincher (Startsman, Daniel) |
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| Monday, June 05, 2023 | ||
| 16 | 16
respm
Reply to Response to Motion
Mon 06/05 4:36 PM
REPLY to Response to Motion re10 MOTION to Dismiss filed by Defendants Clermont County Sheriff's Office, Clermont County, Ohio. (Shrive, Brian) |
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| Tuesday, May 23, 2023 | ||
| 15 | 15
respm
Response in Opposition to Motion
Tue 05/23 11:07 PM
RESPONSE in Opposition re10 MOTION to Dismiss filed by Plaintiff Mark Lovelo. (O'Brien, James) |
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| Tuesday, May 02, 2023 | ||
| 14 | 14
misc
Corporate Disclosure Statement
Tue 05/02 4:53 PM
Corporate Disclosure Statement by Defendant Southern Health Partners. (Fyffe, Bradley) |
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| 13 | 13
answer
Answer to Complaint
Tue 05/02 4:41 PM
ANSWER to1 Complaint,,, with Jury Demand filed by Samantha Irwin, Southern Health Partners. (Fyffe, Bradley) |
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| 12 | 12
notice
Notice of Appearance
Tue 05/02 4:38 PM
NOTICE of Appearance by Bradley Scott Fyffe for Defendants Samantha Irwin, Southern Health Partners (Fyffe, Bradley) |
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| 11 | 11
notice
Notice of Appearance
Tue 05/02 4:36 PM
NOTICE of Appearance by Judd Richards Uhl for Defendants Samantha Irwin, Southern Health Partners (Uhl, Judd) |
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| 10 | 10
motion
Dismiss
Tue 05/02 12:00 PM
MOTION to Dismiss by Defendants Clermont County Sheriff's Office, Clermont County, Ohio. (Shrive, Brian) |
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| 9 | 9
answer
Answer to Complaint
Tue 05/02 11:56 AM
ANSWER to1 Complaint,,, filed by Joseph Bailey, Robert Leahy, Eric Mullenix, Gregory Paff, Dylan Pemberton, Terra Shouse, Alex Tincher. (Shrive, Brian) |
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| Friday, March 17, 2023 | ||
| 8 | 8
notice
Notice of Appearance
Fri 03/17 3:05 PM
NOTICE of Appearance by Kimberly A Rutowski for Defendants Joseph Bailey, Eric Mullenix, Dylan Pemberton, Terra Shouse, Alex Tincher (Rutowski, Kimberly) |
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misc
Notice of Corrective Docket Entry
Fri 03/17 4:07 PM
Notice of Correction re: 7 Former Notice of Appearance, Re-filed re:8 to make text searchable. (md) |
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| Tuesday, March 14, 2023 | ||
| 6 | 6
notice
Notice of Appearance
Tue 03/14 1:37 PM
NOTICE of Appearance by Jeannette E Nichols for Defendants Joseph Bailey, Clermont County Sheriff's Office, Clermont County, Ohio, Robert Leahy, Eric Mullenix, Gregory Paff, Dylan Pemberton, Terra Shouse, Alex Tincher (Nichols, Jeannette) |
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| 5 | 5
notice
Notice of Appearance
Tue 03/14 1:34 PM
NOTICE of Appearance by Brian C. Shrive for Defendants Joseph Bailey, Clermont County Sheriff's Office, Clermont County, Ohio, Robert Leahy, Eric Mullenix, Gregory Paff, Dylan Pemberton, Terra Shouse, Alex Tincher (Shrive, Brian) |
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| Friday, March 03, 2023 | ||
| 4 | 4
service
Summons Reissued
Fri 03/03 2:13 PM
Summons Reissued as to Defendant Southern Health Partners. (zmc) |
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| 3 | 3
service
Request for Issuance of Summons
Fri 03/03 12:29 PM
REQUEST for Issuance of Summons. (O'Brien, James) |
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| Monday, February 27, 2023 | ||
| 2 | 2
service
Summons Issued
Mon 02/27 10:15 AM
Summons Issued as to All Defendants. (tla) |
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misc
Docket Annotation
Mon 02/27 9:42 AM
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (tla) |
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| Saturday, February 25, 2023 | ||
| 1 | 1
cmp
Complaint
Sat 02/25 3:22 PM
COMPLAINT with JURY DEMAND against Joseph Bailey, Clermont County Sheriff's Office, Clermont County, Ohio, Samantha Irwin, Robert Leahy, Eric Mullenix, Gregory Paff, Dylan Pemberton, Terra Shouse, Southern Health Partners, Alex Tincher ( Filing fee $ 402 paid - receipt number: AOHSDC-9289398), filed by Mark Lovelo. (O'Brien, James) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons Form BAILEY,
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Att: 3
Summons Form CLERMONT OHIO,
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Att: 4
Summons Form IRWIN,
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Att: 5
Summons Form MULLENIX,
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Att: 6
Summons Form PAFF,
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Att: 7
Summons Form PEMTERNON,
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Att: 8
Summons Form SHERIFF LEAHY,
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Att: 9
Summons Form SHOUSE,
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Att: 10
Summons Form CLERMONT COUNTY SHERIFF'S OFFICE,
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Att: 11
Summons Form SOUTHERN HEALTH,
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Att: 12
Summons Form TINCHER
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