Phillips v. Cantwell et al
| Ohio Northern District Court | |
| Judge: | Christopher A Boyko |
| Case #: | 1:23-cv-01482 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1983 Civil Rights |
| Case Filed: | Jul 28, 2023 |
| Last checked: Wednesday Jan 24, 2024 4:04 AM EST |
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Defendant
RN Heather Ables
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Represented By
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Defendant
Patrolman Ian Baker
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Represented By
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Defendant
Deputy Donald Cantwell
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Represented By
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Defendant
Elyria Police Department
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Represented By
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Defendant
Patrolman T. Loesch
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Represented By
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Defendant
Lorain County Sheriff Department
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Represented By
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Plaintiff
Lisa Phillips
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Represented By
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| Docket last updated: 04/22/2025 11:59 PM EDT |
| Tuesday, April 22, 2025 | ||
| 42 | 42
resp
Opposition
Tue 04/22 9:15 AM
Opposition to33 Motion for summary judgment filed by Lisa Phillips. (Meehan, Catherine) |
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| Monday, April 21, 2025 | ||
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oth_doc
SEALED DOCUMENT
Mon 04/21 2:30 PM
SEALED Document: Notice of Filing of Exhibits Under Seal filed by Lisa Phillips. Related document(s)39 .(Meehan, Catherine) |
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Att: 1
Exhibit Medical Records-Dr. Budinsky,
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Att: 2
Exhibit Medical Records- Dr. Zanotti,
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Att: 3
Exhibit Medical Records-Workman, PA-C
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| 40 | 40
notice
Notice (atty event)
Mon 04/21 2:26 PM
Notice of Filing of Exhibits filed by Lisa Phillips.(Meehan, Catherine) |
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Att: 1
Exhibit Plaintiff's Initial Disclosures,
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Att: 2
Exhibit Defendant Cantwell's Disciplinary Action
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| 39 | 39
1
pgs
order
Order on Motion for leave
Mon 04/21 9:20 AM
Marginal Entry Order granting Defendant's motion for leave to File Exhibits Under Seal . Judge Christopher A. Boyko on 4/21/2025.(L,Ja) |
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| Friday, April 18, 2025 | ||
| 38 | 38
motion
Leave
Fri 04/18 3:39 PM
Motion for leave to File Exhibits Under Seal filed by Plaintiff Lisa Phillips. (Meehan, Catherine) |
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| Wednesday, March 19, 2025 | ||
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order
Order on Motion for extension of time to file response/reply to motion
Wed 03/19 11:42 AM
Order [non-document] The Court grants Plaintiff's Unopposed Motion for Extension of Time To File Response to Defendants Motion for Summary Judgment. (ECF #37 ). Plaintiff shall file her response no later than April 22, 2025. Judge Christopher A. Boyko on 3/19/2025.(L,Ja) |
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| Tuesday, March 18, 2025 | ||
| 37 | 37
motion
Extension of Time to File Response/Reply to Motion
Tue 03/18 1:14 PM
Unopposed Motion for extension of time until April 22, 2025 to file response/reply to33 Motion for summary judgment filed by Plaintiff Lisa Phillips. Related document(s)33 . (Meehan, Catherine) |
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| Friday, March 14, 2025 | ||
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order
Order on Motion to continue
Fri 03/14 9:56 AM
Order [non-document] The Court grants Plaintiff's Unopposed Motion to Continue Status Conference. (ECF #35 ). The Court cancels the Status Conference set for March 24, 2025. The Court orders the parties to confer and submit to the Court no later than March 21, 2025 new proposed dates for a telephone status conference. The Court has available April 14, 16, 23 and 24 at 2:00 pm. Judge Christopher A. Boyko on 3/14/2025.(L,Ja) |
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oth_evt
Notice of Hearing or Conference
Fri 03/14 4:12 PM
IMPORTANT: Notice [non-document] of Status Conference set for 4/23/2025 at 02:00 PM in to be held telephonically before Judge Christopher A. Boyko. (L,Ja) |
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| Thursday, March 13, 2025 | ||
| 36 | 36
notice
Notice (court event)
Fri 03/14 12:56 PM
Attachment-911 Call (Audio Recording) to33 Motion for Summary Judgment filed by Heather Ables, Donald Cantwell, Lorain County Sheriff Department. One flash drive on file in the Clerk's Office. Related document(s)32 .(F,AW) |
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Att: 1
Flash Drive,
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Att: 2
Envelope
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| 35 | 35
motion
Continue
Thu 03/13 4:36 PM
Unopposed Motion to continue March 24, 2025 Status Conference filed by Plaintiff Lisa Phillips. (Meehan, Catherine) |
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| Monday, March 10, 2025 | ||
| 34 | 34
notice
Notice (court event)
Tue 03/11 9:27 AM
Exhibit 2-Jail Video to29 Notice of Filing Deposition Transcript and Exhibits of Lisa Phillips filed by Heather Ables, Donald Cantwell, Lorain County Sheriff Department. One flash drive on file in the Clerk's Office.Related document(s)30 ,29 .(F,AW) |
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Att: 1
Flash Drive,
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Att: 2
Envelope
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| Friday, March 07, 2025 | ||
| 33 | 33
motion
Summary Judgment
Fri 03/07 4:36 PM
Motion for summary judgment filed by Heather Ables, Donald Cantwell, Lorain County Sheriff Department.(Moser, David) |
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Att: 1
Affidavit Heather Ables, R.N. Affidavit,
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Att: 2
Affidavit Sgt. Ryan Frizell
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| Thursday, March 06, 2025 | ||
| 32 | 32
notice
Notice (atty event)
Thu 03/06 1:29 PM
Notice of Manual Filing filed by Heather Ables, Donald Cantwell, Lorain County Sheriff Department. (Moser, David) |
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| 31 | 31
notice
Notice (atty event)
Thu 03/06 1:21 PM
Notice of Filing Additional Exhibits filed by Heather Ables, Donald Cantwell, Lorain County Sheriff Department.(Moser, David) |
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Att: 1
Exhibit City of Elyria Incident Report,
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Att: 2
Exhibit City of Elyria Criminal History - Lisa Phillips
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| 30 | 30
notice
Notice (atty event)
Thu 03/06 9:41 AM
Notice of Manual Filing of Deposition Exhibit 2 filed by Heather Ables, Donald Cantwell, Lorain County Sheriff Department. (Moser, David) |
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| 29 | 29
notice
Notice (atty event)
Thu 03/06 9:37 AM
Notice of Filing Deposition Transcript and Exhibits of Lisa Phillips filed by Heather Ables, Donald Cantwell, Lorain County Sheriff Department.(Moser, David) |
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Att: 1
Exhibit Deposition Transcript of Lisa Phillips,
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Att: 2
Exhibit Deposition Exhibit 1,
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Att: 3
Exhibit Deposition Exhibit 3,
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Att: 4
Exhibit Deposition Exhibit 4,
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Att: 5
Exhibit Deposition Exhibit 5,
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Att: 6
Exhibit Deposition Exhibit 6,
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Att: 7
Exhibit Deposition Exhibit 7,
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Att: 8
Exhibit Deposition Exhibit 8
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| 28 | 28
notice
Notice (atty event)
Thu 03/06 9:24 AM
Notice of Filing Exhibits filed by Heather Ables, Donald Cantwell, Lorain County Sheriff Department.(Moser, David) |
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Att: 1
Exhibit Phillips 1,
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Att: 2
Exhibit Phillips 2,
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Att: 3
Exhibit Phillips 3,
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Att: 4
Exhibit Response to Discovery Requests,
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Att: 5
Exhibit Signed Medical Release and Attestation Page
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| Thursday, February 13, 2025 | ||
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order
Order on Motion for leave
Thu 02/13 9:27 AM
Order [non-document] The Court grants Defendants' Unopposed Motion for Leave to Extend the Dispositive Motion Deadline. (ECF #27 ). Dispositive Motions shall be due no later than March 7, 2025. Opposition and Reply briefs shall be due by Rule. Judge Christopher A. Boyko on 2/13/2025.(L,Ja) |
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| Wednesday, February 12, 2025 | ||
| 27 | 27
motion
Leave
Wed 02/12 9:45 AM
Unopposed Motion for leave to Extend Dispositive Motion Deadline to March 7, 2025. filed by Donald Cantwell, Lorain County Sheriff Department, Heather Ables. (Moser, David) Modified on 2/12/2025 (B,Ch) |
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| Thursday, August 22, 2024 | ||
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order
Order
Thu 08/22 9:19 AM
Order [non-document] Adopting, in part, the Joint Proposal for Deadlines and Case Schedule (ECF #26 ) and setting the following dates: Plaintiff's Expert Report due November 15, 2024; Defendants' Expert Report due December 16, 2024; Expert Discovery Cut-Off January 17, 2025; Dispositive Motions due February 21, 2025; Opposition and Reply briefs by Rule. The Court will not adopt the Final Pretrial and Trial dates proposed by the parties as the proposed trial date would allow the Court insufficient time to review and issue a ruling on any dispositive motions. The Court will hold a telephone status conference on March 24, 2025 at 2:00 pm to discuss final pre trial and trial dates. Judge Christopher A. Boyko on 8/22/2024. (L,Ja) |
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| Friday, August 16, 2024 | ||
| 26 | 26
notice
Notice (atty event)
Fri 08/16 2:48 PM
Joint Proposal for Deadlines and Case Schedule filed by Lisa Phillips. (Meehan, Catherine) |
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| Wednesday, August 07, 2024 | ||
| 25 | 25
1
pgs
order
Order and Notice of Party Dismissal
Wed 08/07 10:45 AM
Order and Notice of Party Dismissal. Approving Stipulated Notice of Dismissal Under FRCP 41(a)(1) as to Elyria Police Department, Patrolman Baker and Patrolman Loesch . Judge Christopher A. Boyko on 8/7/2024. (L,Ja) |
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minutes
1 - Terminate Hearings Order
Wed 08/07 10:47 AM
Order [non-document] After email discussions with the remaining parties, the Court cancels the settlement conference set for August 9, 2024. Instead, the Court orders the parties to confer and submit to the Court no later than August 16, 2024 a joint proposed schedule going forward to include dispositive motion, expert and final pre trial and trial dates. Judge Christopher A. Boyko on 8/7/2024. (L,Ja) |
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| Tuesday, August 06, 2024 | ||
| 24 | 24
notice
Notice of Dismissal
Tue 08/06 1:52 PM
Stipulated Notice of Dismissal Under FRCP 41(a)(1) as to Elyria Police Department, Patrolman Baker and Patrolman Loesch filed by Lisa Phillips. (Patituce, Joseph) |
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| Monday, June 03, 2024 | ||
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oth_evt
Notice of Hearing or Conference
Mon 06/03 2:27 PM
IMPORTANT: Notice [non-document] Settlement Conference set for 8/9/2024 at 02:00 PM. Settlement Conference will take place at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114. Related document(s)21 . (L,Ja) |
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| Wednesday, May 29, 2024 | ||
| 23 | 23
motion
Continue
Wed 05/29 2:07 PM
Motion to continue June 5, 2024 Settlement Conference filed by Plaintiff Lisa Phillips.(Patituce, Joseph) |
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Att: 1
Exhibit Court Dockets
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order
Order on Motion to continue
Wed 05/29 3:59 PM
Order [non-document] There being no opposition, the Court grants Plaintiff's Motion to Continue the June 5, 2024 Settlement Conference. (ECF #23 ). The Court orders the parties to confer and submit to the Court no later than June 11, 2024 agreed upon dates for a rescheduled settlement conference. The parties shall comply with the Court's Standing Order on Settlement Conferences in accordance with the to-be-determined new settlement conference date. Judge Christopher A. Boyko on 5/29/2024.(L,Ja) |
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| Wednesday, May 22, 2024 | ||
| 22 | 22
notice
Notice of Deposition (atty event)
Wed 05/22 8:48 AM
Notice to take Deposition of Lisa Phillips on 5/24/2024 filed by Ian Baker, Elyria Police Department, T. Loesch. (Metz, Carol) |
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| Tuesday, October 10, 2023 | ||
| 21 | 21
2
pgs
order
Order
Tue 10/10 3:59 PM
Standing Order for Settlement Conferences. Judge Christopher A. Boyko on 10/10/2023. (L,Ja) |
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minutes
Case Management Conference
Tue 10/10 3:56 PM
Minutes of proceedings [non-document] before Judge Christopher A. Boyko.Case Management Conference held on 10/10/2023. Case is assigned to the standard track. Cut-off date for amending pleadings is 12/8/23. Non-expert discovery cut-off date is 5/24/24. Settlement conference set for 06/05/24 at 2:00 pm. All parties with full settlement authority must attend in person. Settlement Conference will take place at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114. Standing Order on Settlement Conferences to issue. Time: 10 minutes. (L,Ja) |
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| Thursday, October 05, 2023 | ||
| 20 | 20
notice
Report of Parties Planning Meeting (atty event)
Thu 10/05 4:46 PM
Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Lisa Phillips. (Meehan, Catherine) |
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| Tuesday, September 26, 2023 | ||
| 19 | 19
answer
Answer to Complaint
Tue 09/26 1:48 PM
Answer to1 Complaint with Jury Demand filed by Heather Ables, Donald Cantwell, Lorain County Sheriff Department. (Moser, David) |
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| Thursday, August 31, 2023 | ||
| 18 | 18
order
Case Management Conference Scheduling Order
Thu 08/31 11:09 AM
Notice of Case Management Conference with telephonic case management conference to be held on 10/10/2023 at 2:00 PM before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. The Court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. Parties shall be available by phone, if needed.(L,Ja) |
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Att: 1
Ex A. Report of the Parties' Planning Meeting,
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Att: 2
Ex. B Consent Package
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| Wednesday, August 30, 2023 | ||
| 17 | 17
oth_evt
Returned Mail
Wed 08/30 3:47 PM
Returned Mail addressed to Party Patrolman Ian Baker. Return to Sender; Not Deliverable as Addressed; Addressee Unknown; Do Not Work Here. Related document(s)4 . (H,Ch) |
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| Monday, August 28, 2023 | ||
| 16 | 16
answer
Answer to Complaint
Mon 08/28 3:45 PM
Answer to1 Complaint with Jury Demand filed by Ian Baker, Elyria Police Department, T. Loesch. (Metz, Carol) |
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| Thursday, August 24, 2023 | ||
| 15 | 15
oth_evt
Summons Issued
Thu 08/24 4:00 PM
Alias Summons issued to counsel for service upon Ian Baker. (E,CK) |
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| Wednesday, August 23, 2023 | ||
| 14 | 14
oth_doc
Praecipe
Wed 08/23 1:45 PM
Praecipe for issuance of Original Summons filed by Lisa Phillips.(Patituce, Joseph) |
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Att: 1
Summons
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| Tuesday, August 22, 2023 | ||
| 13 | 13
service
Waiver of Service Executed
Tue 08/22 10:52 AM
Waiver of Service Returned Executed by Lisa Phillips. Donald Cantwell waiver sent on 8/17/2023, answer due 10/16/2023 filed on behalf of Lisa Phillips (Patituce, Joseph) |
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| 12 | 12
service
Waiver of Service Executed
Tue 08/22 10:50 AM
Waiver of Service Returned Executed by Lisa Phillips. Lorain County Sheriff Department waiver sent on 8/17/2023, answer due 10/16/2023 filed on behalf of Lisa Phillips (Patituce, Joseph) |
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| Thursday, August 17, 2023 | ||
| 11 | 11
notice
Attorney Appearance (atty event)
Thu 08/17 11:31 AM
Attorney Appearance by David Moser filed by on behalf of Donald Cantwell, Lorain County Sheriff Department. (Moser, David) |
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| 10 | 10
notice
Attorney Appearance (atty event)
Thu 08/17 11:29 AM
Attorney Appearance by Daniel T. Downey filed by on behalf of Donald Cantwell, Lorain County Sheriff Department. (Downey, Daniel) |
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| Monday, August 14, 2023 | ||
| 9 | 9
service
Return of Service Executed
Mon 08/14 4:09 PM
Return of Service by Clerk by certified mail executed upon Heather Ables on 8/7/2023; T. Loesch on 8/9/2023, filed on behalf of Lisa Phillips. Related document(s)4 . (Espinoza, Paola) |
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| Thursday, August 10, 2023 | ||
| 8 | 8
service
Return of Service Unexecuted
Thu 08/10 12:37 PM
Return of Service by Clerk unexecuted upon Patrolman Ian Baker. Service attempted by certified mail on 8/7/2023. Certified mail receipt is signed and does not contain a date. USPS website indicates that this item was returned due to "addressee unknown." Filed on behalf of Lisa Phillips. Related document(s)4 . (M,CE) |
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| 7 | 7
service
Return of Service Executed
Thu 08/10 11:10 AM
Return of Service by Clerk by certified mail executed upon Donald Cantwell on 8/7/2023, filed on behalf of Lisa Phillips. Related document(s)4 . (Espinoza, Paola) |
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| 6 | 6
service
Return of Service Executed
Thu 08/10 11:06 AM
Return of Service by Clerk by certified mail executed upon Elyria Police Department on 8/7/2023. No delivery date on green card, date obtained from U.S. Postal Service website. Filed on behalf of Lisa Phillips. Related document(s)4 . (M,CE) |
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| 5 | 5
service
Return of Service Executed
Thu 08/10 11:03 AM
Return of Service by Clerk by certified mail executed upon Lorain County Sheriff Department on 8/7/2023. Filed on behalf of Lisa Phillips. Related document(s)4 . (M,CE) |
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| Friday, August 04, 2023 | ||
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oth_evt
Service by Clerk
Fri 08/04 1:47 PM
Service by Clerk. Summons and Complaint sent via certified mail addressed to Heather Ables Receipt # 7020 2450 0000 0171 6892, Ian Baker Receipt # 7020 2450 0000 0171 6885, Donald Cantwell Receipt # 7020 2450 0000 0171 6922., Elyria Police Department Receipt # 7020 2450 0000 0171 6878, T. Loesch Receipt # 7020 2450 0000 6861, Lorain County Sheriff Department Receipt # 7020 2450 0000 6915 placed in U.S. Mail. (Espinoza, Paola) |
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| Wednesday, August 02, 2023 | ||
| 4 | 4
oth_evt
Summons Issued
Wed 08/02 2:06 PM
Original Summons issued to counsel for service upon All Defendants. (M,CE) |
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| Monday, July 31, 2023 | ||
| 3 | 3
oth_doc
Praecipe
Mon 07/31 3:13 PM
Praecipe for issuance of Original Summons filed by Lisa Phillips.(Meehan, Catherine) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Summons,
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Att: 5
Summons,
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Att: 6
Summons
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| 2 | 2
oth_evt
Magistrate Consent Form Issued by Intake
Mon 07/31 9:15 AM
Magistrate Consent Form issued. Summons not provided and not issued. (R,AP) |
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utility
Add and Terminate Judge
Mon 07/31 9:13 AM
Judge Christopher A. Boyko assigned to case. (R,AP) |
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Random Assignment of Magistrate Judge
Mon 07/31 9:14 AM
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. (R,AP) |
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| Friday, July 28, 2023 | ||
| 1 | 1
cmp
Complaint
Fri 07/28 4:28 PM
Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-12109141.. Filed by Lisa Phillips. (Meehan, Catherine) |
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Att: 1
Civil Cover Sheet
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