Gaines v. Cross et al
| Ohio Southern District Court | |
| Judge: | Edmund A Sargus |
| Referred: | Chelsey M Vascura |
| Case #: | 3:24-cv-00187 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jun 26, 2024 |
| Terminated: | Mar 18, 2025 |
| Last checked: Monday Dec 23, 2024 3:54 AM EST |
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Magistrate Judge Caroline H. Gentry
Walter H. Rice Federal Building and U.S. Courthouse 200 West Second Street Room 902
Dayton, OH 45402 |
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Judge Walter H. Rice
Walter H. Rice Federal Building and U.S. Courthouse 200 West Second Street Room 909
Dayton, OH 45402 |
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Defendant
Denise Cross
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Represented By
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Defendant
Montgomery County Court of Common Pleas
301 West Third Street
Dayton, OH 45422 |
Represented By
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Plaintiff
Jacqueline Gaines
450 East Drive
Dayton, OH 45419 |
Represented By
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GPO
Mar 18 2025
OPINION AND ORDER - Defendants' Motion to Dismiss (ECF No. 8) is GRANTED. Plaintiff Jacqueline Gaines's § 1983 claim against the Montgomery County Court of Common Pleas is DISMISSED. Her § 1983 claims against Denise Cross in her individual and official capacities are also DISMISSED as barred by the Eleventh Amendment and for failing to state a claim upon which relief may be granted. Signed by Judge Edmund A. Sargus on 3/18/2025. (cmw) |
| Docket last updated: 04/16/2025 11:59 PM EDT |
| Wednesday, April 02, 2025 | ||
| 20 | 20
appeal
USCA Case Number
Thu 04/03 9:31 AM
USCA Case Number 25-3233 for19 Notice of Appeal filed by Jacqueline Gaines; Gretchen A., Case Manager (513-564-7018). (kh) |
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| Monday, March 31, 2025 | ||
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appeal
Notice of Appeal
Mon 03/31 1:24 PM
NOTICE OF APPEAL re18 Clerk's Judgment,17 Order on Motion to Dismiss for Failure to State a Claim, (FILING FEE DUE) by Plaintiff Jacqueline Gaines. Appeal Record due by 4/17/2025. (Mezibov, Marc) |
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misc
Pay Fees Via Pay.Gov
Mon 03/31 1:43 PM
Filing fee: $ 605, receipt number AOHSDC-10441942 - Related Document:19 Notice of Appeal filed by Jacqueline Gaines.. (Mezibov, Marc) |
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| Tuesday, March 18, 2025 | ||
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order
Judgment - Clerk
Tue 03/18 9:17 PM
CLERK'S JUDGMENT. Signed by Deputy Clerk on 3/18/2025. (cmw) |
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18
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 03/18 9:07 PM
OPINION AND ORDER - Defendants' Motion to Dismiss (ECF No.8 ) is GRANTED. Plaintiff Jacqueline Gaines's § 1983 claim against the Montgomery County Court of Common Pleas is DISMISSED. Her § 1983 claims against Denise Cross in her individual and official capacities are also DISMISSED as barred by the Eleventh Amendment and for failing to state a claim upon which relief may be granted. Signed by Judge Edmund A. Sargus on 3/18/2025. (cmw) |
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| Friday, January 10, 2025 | ||
| 16 | 16
order
Columbus Preliminary Pretrial Order
Fri 01/10 4:21 PM
PRELIMINARY PRETRIAL ORDER: Case is referred to Mediation. Case referred to Clerk for assignment of mediator. Rule 26(a)(1) Initial Disclosures, Amendments to Pleadings and/or Joinder of Parties, and Plaintiff's Settlement demand all due 30 days following resolution of8 Motion to Dismiss. Defendants' response to settlement demand due 14 days after the demand. Discovery due by 5/3/2025. Dispositive motions due by 6/3/2025. Mediation Deadline: 5/2025. Signed by Magistrate Judge Chelsey M. Vascura on 1/10/2025. (agm) |
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minutes
Pretrial Conference - Initial
Fri 01/10 1:24 PM
Statistical Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 1/10/2025. (agm) |
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| Friday, January 03, 2025 | ||
| 15 | 15
misc
Rule 26(f) Report
Fri 01/03 2:15 PM
RULE 26(f) REPORT by Plaintiff Jacqueline Gaines. (Mezibov, Marc) |
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| Wednesday, December 11, 2024 | ||
| 14 | 14
notice
Notice of Hearing
Wed 12/11 2:37 PM
NOTICE of Hearing: Initial Conference set for 1/10/2025 01:00 PM in Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) |
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| Monday, November 18, 2024 | ||
| 13 | 13
1
pgs
order
Order
Mon 11/18 8:23 AM
ORDER: (1) RECUSING THE UNDERSIGNED, MAGISTRATE JUDGE GENTRY AND ALL DAYTON JUDGES FROM THIS CASE; AND (2) REFERRING THIS MATTER TO THE CLERK OF COURTS FOR REASSIGNMENT TO ANOTHER UNITED STATES DISTRICT JUDGE AND UNITED STATES MAGISTRATE JUDGE IN THE CINCINNATI OR COLUMBUS SEATS OF COURT. Signed by Judge Michael J. Newman on 11/18/24. (pb) |
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utility
Add and Terminate Judges
Mon 11/18 8:30 AM
Judge Edmund A. Sargus and Magistrate Judge Chelsey M. Vascura added. Magistrate Judge Caroline H. Gentry and Judge Michael J. Newman no longer assigned to case. Motions referred to Chelsey M. Vascura. (pb) |
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| Tuesday, November 05, 2024 | ||
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respm
Reply to Response to Motion
Tue 11/05 2:04 PM
REPLY to Response to Motion re8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Denise Cross, Montgomery County Court of Common Pleas. (Bowen, Cooper) |
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| Friday, October 25, 2024 | ||
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order
Order on Motion for Extension of Time
Fri 10/25 3:03 PM
NOTATION ORDER GRANTING11 Defendants unopposed motion for Extension of Time. Defendants reply in support of the motion to dismiss is due by 11/5/2024. Signed by Judge Michael J. Newman on 10/25/2024. (LS) |
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| Thursday, October 24, 2024 | ||
| 11 | 11
motion
Extension of Time
Thu 10/24 10:51 AM
MOTION for Extension of Time New date requested 11/5/2024. by Defendants Denise Cross, Montgomery County Court of Common Pleas. (Bowen, Cooper) |
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| Tuesday, October 15, 2024 | ||
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respm
Response in Opposition to Motion
Tue 10/15 4:51 PM
RESPONSE in Opposition re8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Jacqueline Gaines. (Robinson, Emmett) |
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| Friday, September 13, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 09/13 10:27 AM
NOTATION ORDER granting9 Motion for Extension of Time. Plaintiff's response to Defendants' Motion to Dismiss is due by 10/15/2024. Signed by Magistrate Judge Caroline H. Gentry on 09/13/2024. (lcp) |
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utility
Set Motion and R&R Deadlines/Hearings
Fri 09/13 11:04 AM
Reset Deadlines as to8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 10/15/2024 per Notation Order. (acw) |
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| Thursday, September 12, 2024 | ||
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motion
Extension of Time to File Response/Reply
Thu 09/12 2:45 PM
MOTION for Extension of Time to File Response/Reply New date requested 10/15/2024. by Plaintiff Jacqueline Gaines. (Mezibov, Marc) |
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| Monday, August 26, 2024 | ||
| 8 | 8
1
pgs
motion
Dismiss for Failure to State a Claim
Mon 08/26 10:34 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Denise Cross, Montgomery County Court of Common Pleas. (Bowen, Cooper) |
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Att: 1
17 pgs
Exhibit Memorandum in Support
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| 7 | 7
notice
Notice of Appearance
Mon 08/26 10:29 AM
NOTICE of Appearance by Cooper D Bowen for Defendants Denise Cross, Montgomery County Court of Common Pleas (Bowen, Cooper) |
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notice
Notice of Appearance
Mon 08/26 10:28 AM
NOTICE of Appearance by Linda L Woeber for Defendants Denise Cross, Montgomery County Court of Common Pleas (Woeber, Linda) |
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| Monday, July 15, 2024 | ||
| 5 | 5
1
pgs
order
Order of Recusal
Mon 07/15 7:25 PM
ENTRY - For good cause shown, the undersigned hereby recuses himself from further participation in the captioned cause and directs this matter to the Dayton Office of the Clerk of Courts of the United States District Court for the Southern District of Ohio, for the purpose of reassigning this matter to another judge resident in the Dayton Seat of Court. Judge Walter H. Rice recused. Case reassigned to Judge Michael J. Newman for all further proceedings. Signed by Judge Walter H. Rice on 7/15/24. (pb) |
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| Wednesday, June 26, 2024 | ||
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1
pgs
order
Order
Wed 06/26 4:45 PM
ORDER transferring case from the docket of the Honorable Douglas R. Cole to the Office of the Clerk for reassignment to the Western Division of the Southern District of Ohio at Dayton. Signed by Judge Douglas R. Cole on 6/26/24. (sct) |
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| 3 | 3
service
Waiver of Service Executed
Wed 06/26 2:47 PM
WAIVER OF SERVICE Returned Executed. Waiver sent to Montgomery County Court of Common Pleas on 6/26/2024, answer due 8/26/2024. (Mezibov, Marc) |
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service
Waiver of Service Executed
Wed 06/26 2:45 PM
WAIVER OF SERVICE Returned Executed. Waiver sent to DENISE CROSS on 6/26/2024, answer due 8/26/2024. (Mezibov, Marc) |
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| 1 | 1
cmp
Complaint
Wed 06/26 11:03 AM
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-10037649), filed by Jacqueline Gaines. (Mezibov, Marc) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B
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transfer
Case Transferred In - Divisional
Wed 06/26 4:48 PM
Case transferred in from Cincinnati Division on 06/26/2024, Case Number 1:24-cv-345. Case assigned to Judge Walter H. Rice and Magistrate Judge Caroline H. Gentry. (sct) |
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