Ashtabula County, Ohio Complaint

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
UNITED STATES OF AMERICA, Plaintiff, vs.
WILLIAM R. JOHNSON, Ashtabula County Sheriff (in his official capacity); and the BOARD of COUNTY COMMISSIONERS OF ASHTABULA COUNTY, : Defendants.
COMPLAINT
Plaintiff, the United States of America, alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.
2. The Court has jurisdiction of this action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.
3. Defendant William R. Johnson, Sheriff of Ashtabula County, ("Sheriff") is an elected official in the State of Ohio. The Defendant Sheriff is sued in his official capacity only.
4. The Sheriff is the chief law enforcement officer of Ashtabula County, a political subdivision of the State of Ohio.
5. The Sheriff has responsibility, among other things, for the selection, hiring and employment of Corrections Officers and Corrections Officers/Medical Officers at the jail of the Ashtabula County Sheriff's Department ("Sheriff's Department"). The Sheriff is a person within the meaning of 42 U.S.C. § 2000e(a), and an employer or an agent of an employer within the meaning of 42 U.S.C. Section 2000e (b).
6. The Defendant Board of County Commissioners of Ashtabula County ("Board of County Commissioners") is the County governing body created pursuant to the laws of the State of Ohio and is vested with powers to carry out the governmental functions necessary for the operation of the County. Defendant Board of County Commissioners appropriates funds for the operation of the Sheriff's Department, including funds for the salaries and wages of employees in the Sheriff's Department.
7. The Board of County Commissioners is named as a party pursuant to Rule 19(a) of the Federal Rules of Civil Procedure.
8. The Sheriff has discriminated against Celecia E. Dibble and similarly situated females in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), among other ways, by failing or refusing to hire or to consider them for hire in Corrections Officer and Corrections Officer/Medical Officer positions because of their sex.

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9. The Sheriff has discriminated against Celecia E. Dibble in violation of Section 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3(a), among other ways, by failing or refusing to hire or consider her for hire in Corrections Officer and Corrections Officer/Medical Officer positions because she filed a charge with Equal Employment Opportunity Commission ("EEOC") alleging that she had been discriminated against on the basis of sex by the Ashtabula County Sheriff's Department.
10. The EEOC received a timely charge of discrimination filed by Celecia E. Dibble on or about July 17, 1996 (Charge Number 220961117), in which she alleged that she had been discriminated against by the Ashtabula County Sheriff's Department by being denied hire as a Corrections Officer on the basis of her sex. In accordance with Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, the EEOC investigated the charge filed by Ms. Dibble and found reasonable cause to believe that Ms. Dibble was denied hire because of her sex and in retaliation for engaging in activity protected by Title VII. The EEOC attempted unsuccessfully to achieve through conciliation a voluntary resolution of the matter, and subsequently referred the matter to the Department of Justice.
11. All conditions precedent to filing suit have been performed or have occurred.
WHEREFORE, Plaintiff prays that the Court grant the following relief:
(a) Enjoin the Sheriff and the Board of County Commissioners, as appropriate, from failing or refusing to provide sufficient equitable relief to make whole Celecia E. Dibble and similarly situated females for the loss they have suffered as a result of the discrimination against them as alleged in this Complaint;
(b) Award compensatory damages to Celecia E. Dibble as would fully compensate her for injuries caused by the discrimination against her as alleged in this Complaint, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
(c) Enjoin the Sheriff from retaliating against Celecia E. Dibble and any other individuals because those persons file charges with the EEOC or exercise any other rights protected by Title VII;
(d) Enjoin the Sheriff from failing or refusing to hire women on the basis of their sex for any Corrections Officer or Corrections Officer/Medical Officer position unless the Sheriff demonstrates that sex is a bona fide occupational qualification for that position within the meaning of Section 703(e) of Title VII, 42 U.S.C. § 2000e-2(e).
The United States prays for such additional relief as justice may require, together with its costs and disbursements in this action.
JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
JANET RENO ATTORNEY GENERAL By: BILL LANN LEE ACTING ASSISTANT ATTORNEY GENERAL

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Ashtabula County, Ohio Complaint
_________________________________ WILLIAM B. FENTON D.C. Bar Registration No. 414990 JENNY R. YANG Member of the NY Bar Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, D.C. 20035-5968 (202) 307-3925 EMILY M. SWEENEY UNITED STATES ATTORNEY Northern District of Ohio

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 US v. Ashtabula Consent Decree

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
UNITED STATES OF AMERICA, Plaintiff,
CELECIA E. DIBBLE, Plaintiff-Intervenor
vs. WILLIAM R. JOHNSON, Ashtabula County Sheriff (in his official capacity); and the BOARD of COUNTY COMMISSIONERS OF
ASHTABULA COUNTY, Defendants.
Civil Action No. 1:99CV2807
JUDGE GAUGHAN MAGISTRATE JUDGE STREEPY
___________________________________
CONSENT DECREE
BETWEEN PLAINTIFF THE UNITED STATES AND DEFENDANTS WILLIAM R. JOHNSON and the BOARD of COUNTY COMMISSIONERS OF ASHTABULA COUNTY
This action was brought by the United States on November 17, 1999, alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, etseq. ("Title VII"). On April 4, 2000, the Court granted Celecia E. Dibble's Motion to Intervene as Plaintiff in this action. On July 24, 2000, the United States and Celecia Dibble moved for leave to file amended complaints. In its Amended Complaint, the United States alleges that William R. Johnson, the Ashtabula County Sheriff, named in his official capacity, has discriminated againstMs. Celecia E. Dibble, a charging party before the Equal Employment Opportunity Commission ("EEOC") (charge no. 220961117), and similarly situated females in violation of Section 703(a) of Title VII, among other ways, by failing or refusing to hire or to consider them for hire in Corrections Officer ("CO") and Corrections Officer/Medical Officer ("C/MO") positions because of their sex. The Amended Complaint also alleges that Ms. Dibble was retaliated against because she filed a charge with the EEOC alleging that the Ashtabula County Sheriff's Department had discriminated against her on the basis of her sex. The Amended Complaint names the Board of County Commissioners of Ashtabula County as a Fed. R. Civ. P. 19(a) defendant. The Defendants deny all allegations of unlawful discrimination.
Desiring that the United States' action be settled by an appropriate Consent Decree and without the burden of protracted litigation, the United States and the Defendants agree to this Court's jurisdiction over the United States and the Defendants and the subject matter of this action. Furthermore, the United States and the Defendants hereby waive, for the purposes of this Consent Decree, hearings and findings of fact and conclusions of law. This Consent Decree resolves all issues raised in the Amended Complaint of the United States only, and the United States and the Defendants accept this Consent Decree as final and binding among themselves. This Consent Decree, being entered with the consent of the United States and the Defendants, shall not constitute an admission, adjudication or finding on the

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merits of this action.
In resolution of this action, the United States and the Defendants hereby AGREE and the Court expressly APPROVES, ENTERS and ORDERS the following:
I. DEFINITIONS
1. "Date of entry of this decree" shall mean the date that the Court gives final approval to this Consent Decree by signing and entering the Decree as an Order of the Court.
2. "Decree" shall mean this Consent Decree and all appendices and attachments thereto.
3. "Defendants" shall mean William R. Johnson, the Ashtabula County Sheriff ("Sheriff"), named in his official capacity, and the Board of County Commissioners of Ashtabula County ("Board of Commissioners"), and all officers, agents, employees, predecessors, successors and all persons in active concert or participation with the Sheriff or the Board of Commissioners.
II. INJUNCTIVE RELIEF
A. General Prohibitions
1. The Sheriff shall not engage in any act or practice that has the purpose or effect of unlawfully discriminating on the basis of sex against any employee, applicant or potential applicant for employment with the Ashtabula County Sheriff's Department.
2. The Sheriff shall not retaliate against or in any respect adversely affect any person because that person has opposed allegedly discriminatory policies or practices by the Sheriff or the Ashtabula County Sheriff's Department or because of that person's participation in or cooperation with the initiation, investigation, litigation or administration of this action or this Consent Decree.
B. Selection and Assignment Procedures
1. The Sheriff shall use a selection procedure for Corrections Officer ("CO") and Corrections Officer/Medical Officer ("C/MO") positions that is open, fair, and competitive. Each CO or C/MO vacancy in the Ashtabula County Sheriff's Department shall be advertised in a local general circulation newspaper at least three (3) times during the two (2) week period before any applicable closing date for acceptance of applications. Each vacancy shall also be posted in a prominent place at the Ashtabula County Courthouse for a period of at least two (2) weeks. The advertisements and posting shall:
a. emphasize that the Sheriff is an equal opportunity employer (not to be abbreviated as "EOE");
b. summarize the minimum qualifications required for the position;
c. specify the application procedures;
d. specify the starting salary (or salary range);
e. specify the closing date for applications; and

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f. state the name, address and telephone number of the office to which inquiries and requests for application may be made.
2. The Sheriff shall use a standard application form for all applicants for the positions of CO or C/MO, and shall not consider any individual who has not completed an application for that position.
3. In selecting a CO or C/MO, the Sheriff shall review, at a minimum, all applications received in the previous six months and any additional applications received in response to a CO or C/MO vacancy announcement.
4. Whenever an applicant for a vacant CO or C/MO position is interviewed as part of the selection procedure for filling such a position, a written list of job-related questions shall be prepared by the Sheriff or the Sheriff's designee and all applicants shall be asked the same questions in addition to whatever other related follow-up questions the interviewer(s) deem appropriate. Any questions asked in addition to the standard written questions and each applicant's answers to all questions shall be summarized in writing by the interviewer(s).
5. The Sheriff or the Sheriff's designated selecting official(s) shall state in writing the basis for the final selection or rejection of each applicant.
6. In filling any CO or C/MO position, the Sheriff shall utilize non-discriminatory selection procedures that do not rely on the use of sex and that are consistent with the requirements of any collective bargaining agreements ("CBA") affecting the positions involved, provided that the CBA requirements are in accordance with federal law.
7. Nothing contained herein, or in any section of this Consent Decree, shall obligate the Sheriff to hire unnecessary personnel or persons who are not qualified by valid qualification standards for the position of CO or C/MO.
8. All CO or C/MO positions, posts, shifts and assignments shall be open to women on an equal basis with men, except that the Sheriff is not required to assign a CO or C/MO to conduct a strip search of an inmate of the opposite sex.
III. RECORDKEEPING
1. The Sheriff shall retain for the duration of this Consent Decree all records, in whatever form, (including any computer disks and computer, video or audio tapes) necessary to monitor the implementation of this Decree.
2. The Sheriff shall retain, for the duration of this decree, all vacancy announcements, advertisements, employment applications, personnel files, interview questions, interview notes, eligibility lists, correspondence, memoranda, and any other records pertaining to hiring for the position of CO or C/MO.
3. The Sheriff shall retain, for the duration of this decree, all shift schedules, logs, incident reports and any other records that show daily shift activity, inmate processing, inmate conduct and any unusual occurrences in the correctional facility.
4. The Sheriff shall retain all records that come into the Sheriff's possession relating to complaints involving the Sheriff, regardless of whether made to a local, state or federal agency or through any internal grievance process, and that allege (a) gender based discriminatory hiring for the position of CO

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or C/MO, or (b) retaliation.
5. The United States Department of Justice shall have the right to inspect and copy any and all of the documents and records referenced in this Section IV upon reasonable notice to the Sheriff, without further order of this Court.
6. The Defendants shall promptly make available to the United States such additional information or records relating to the subject matter of this Consent Decree as the United States requests in writing, provided such requests are not unduly burdensome.
IV. REPORTING
1. The Sheriff shall provide the United States with annual reports that contain the following:
a. a description of all CO or C/MO vacancies that occurred within the reporting period, including (a) the name, gender and length of service of the individual who occupied the position before it became vacant; and (b) the reason for the vacancy.
b. a description of all steps taken to announce a CO or C/MO vacancy, including copies of newspaper advertisements and public postings;
c. a description of all CO or C/MO positions filled during the reporting period, including (a) the selection procedure utilized to fill each vacancy; (b) the name, gender and qualifications of all applicants and copies of all applications; (c) the name, gender and qualifications of the individual selected to fill each vacancy; (d) the questions asked of each applicant; (e) a summary of the applicant's answers; (f) the basis for the selection of the successful candidate(s); and (g) the names, gender and title(s) of the interviewer(s) and selecting official(s).
d. copies of schedules showing the shifts to which CO or C/MOs have been assigned during the reporting period.
e. a description of any complaints alleging (1) gender based discriminatory hiring for the position of CO or C/MO; or (2) retaliation made against the Sheriff or the Sheriff's Department, regardless of whether made to a local, state or federal agency or through any internal grievance process, along with (1) the Sheriff's response to any allegations of discriminatory conduct; (2) the status of the complaints; and (3) any developments regarding any such complaints received during prior reporting periods.
2. Reporting periods shall run from January 1 through December 31 for each year. The Sheriff shall submit his/her reports within thirty days of the close of the reporting period.
V. COMPLIANCE
1. If a dispute arises concerning compliance by the Defendants or either of them with any provision of this Consent Decree or if the parties deem it advisable for any other reason, the parties shall engage in good faith efforts to resolve the issue before seeking action by the Court. If the parties are unable expeditiously to resolve the issue, any party may move the Court for resolution, provided that written notice is first provided to the other parties.

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2. With respect to the obligations of the United States to monitor and to enforce compliance with this Consent Decree, the United States may, without further order of the Court, conduct all necessary investigations, including interviews of the Sheriff and the Sheriff's employees. The Defendants agree to cooperate in any investigation by the United States, and the United States agrees to inform the Defendants of the results of that investigation on an ongoing basis. In the event that the United States determines that formal discovery is required to monitor or enforce compliance with this Consent Decree, then all such discovery permitted under the Federal Rules of Civil Procedure shall be allowed without further order of the Court.
3. Failure by the Department of Justice to enforce this entire Consent Decree or any provision thereof shall not be construed as a waiver of its right to do so.
VI.POSTING OF CONSENT DECREE
1. Within ten days after the date of entry of this Consent Decree, the Sheriff shall post a copy of the notice attached hereto as Appendix A in prominent, conspicuous and public locations used for posting notices at the Ashtabula County Sheriff's Department. Such copies shall remain posted throughout the life of this Decree. In addition, the Sheriff shall provide a copy of this Decree, at no cost, to any employee who so requests.
VII. PARTIES OBLIGATION TO DEFEND CONSENT DECREE
1. In the event this Consent Decree is challenged, the Defendants and the United States shall fully defend its lawfulness. If any such collateral challenge arises in State court, the Defendants shall promptly seek to remove such action to this Court.
IX. NOTIFICATION OF THE PARTIES
1. The following shall serve as the correct addresses for purposes of all correspondence directed to the parties.
For the United States: U.S. Mail:
Jenny R. Yang U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, D.C. 20035-5968
Overnight or express delivery:
Jenny R. Yang U.S. Department of Justice Civil Rights Division Employment Litigation Section Room 4029 601 D St., NW Washington, DC 20004

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For the Defendants:
William R. Johnson Ashtabula County Sheriff
Thomas L. Sartini Ashtabula County Prosecuting Attorney 25 West Jefferson Street Jefferson, Ohio 44047
Timothy T. Reid Reid, Berry, Marshall & Wargo Attorneys at Law 1300 Illuminating Bldg. 55 Public Square Cleveland, OH 44113-1901
X. ATTORNEY'S FEES AND RELATED COSTS
1. The United States and Defendants shall bear their own costs and expenses, including attorneys' fees, in this action.
XI. JURISDICTION OF THE COURT
1. This Court shall retain jurisdiction of the matters covered by this Consent Decree for a period of four (4) years from the date of entry of this Consent Decree for such action as may be necessary or appropriate to effectuate the purposes of the Decree. This period may be extended by order of this Court for good cause shown.
DONE AND ORDERED this ________ day of ______________, 2000.
____________________________ PATRICIA A. GAUGHAN UNITED STATES DISTRICT JUDGE
Agreed and Consented to:
On behalf of Plaintiff
United States of America
BILL LANN LEE Assistant Attorney General for Civil Rights
___________________________ WILLIAM B. FENTON JENNY R. YANG STEPHEN J. CURRAN

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Attorneys
U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, DC 20035-5968
Dated: _______________________
On behalf of Defendants
the Ashtabula County Sheriff's Department and the Board of County Commissioners of Ashtabula County
______________________________ Timothy T. Reid Reid, Berry, Marshall & Wargo Attorneys at Law 1300 Illuminating Building 55 Public Square Cleveland, OH 44113-1901
______________________________ Thomas L. Sartini Ashtabula County Prosecuting Attorney
______________________________ William R. Johnson Ashtabula County Sheriff 25 West Jefferson Street Jefferson, Ohio 44047
____________________________ The Board of County Commissioners of Ashtabula County
Dated: _______________________
APPENDIX A
NOTICE
SETTLEMENT OF EMPLOYMENT DISCRIMINATION LAWSUIT
On November 17, 1999 , the United States filed a lawsuit in the United States District Court for the

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Northern District of Ohio against the Ashtabula County Sheriff and the Board of County Commissioners of Ashtabula County ("Defendants") under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, etseq. ("Title VII"). The lawsuit alleges that the Sheriff discriminated against a female applicant for employment and similarly situated women, by failing or refusing to hire them for Corrections Officer ("CO") and Corrections Officer/Medical Officer ("C/MO") positions on the basis of their sex. The lawsuit also alleges that the Sheriff retaliated against the female applicant because she filed a charge with the EEOC alleging that the Ashtabula County Sheriff's Department had discriminated against her on the basis of her sex. The Defendants deny all the allegations of discrimination and the posting of this notice shall not constitute an admission of any kind to the allegations made in this lawsuit.
This notice is being posted to announce that the United States and the Defendants have resolved this lawsuit by entering into a settlement agreement, called a "consent decree," which was approved by the Court on [date], 2000.
Under the terms of the consent decree, the Sheriff has agreed to:
1. Not engage in any act or practice that has the purpose or effect of unlawfully discriminating on the basis of sex against any employee, applicant or potential applicant for employment with the Ashtabula County Sheriff ;
2. Not retaliate against or in any respect adversely affect any person because that person has opposed allegedly discriminatory policies or practices by the Sheriff or the Ashtabula County Sheriff's Department or because of that person's participation in or cooperation with the initiation, investigation, litigation or administration of the civil action or the consent decree;
3. Advertise and publicly post notices of CO and C/MO vacancies for a period of at least two weeks;
4. Fill all CO and C/MO vacancies by utilizing selection procedures that are open, fair, and competitive;
5. Ensure that all CO and C/MO positions, posts, shifts and assignments are open to women on an equal basis with men, except that the Sheriff is not required to assign a CO or C/MO to conduct a strip search of an inmate of the opposite sex;
6. Retain for the duration of this consent decree all records necessary to monitor the implementation of this consent decree;
7. Provide annual reports to the United States regarding matters related to compliance with the consent decree.
Copies of the consent decree are available for taking, at no charge, at the office of the Sheriff. Should you have any questions concerning this lawsuit, the terms of the consent decree, or the Defendants' compliance with the consent decree, you may contact the following Department of Justice attorney:
Jenny R. Yang Trial Attorney United States Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968

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Washington, DC 20035-5968
THIS NOTICE SHALL REMAIN POSTED IN A PROMINENT LOCATION UNTIL EXPIRATION OF THE CONSENT DECREE ON ____________, 2004.

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 Cat03, Streepy, Termed
U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:99-cv-02807-PAG

USA v. Johnson, et al Assigned to: Hon. Patricia A. Gaughan Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 11/17/1999 Date Terminated: 04/09/2001 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Avery S. Friedman Friedman & Associates 701 City Club Bldg. 850 Euclid Avenue Cleveland, OH 44114 216-621-9282 Fax: 216-621-9283 Email: averyfriedman@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bill Lann Lee Department Of Justice Civil Rights Division Housing & Civil Enforcement Section P.O. Box 65998 Washington, DC 20035-5998 202-514-6164 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jenny R. Yang Department Of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, DC 20035-5968

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. Curran Department Of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, DC 20035-5968 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William B. Fenton U.S. Department of Justice - Civil Rights Division Ste. 4016 950 Pennsylvania Avenue, NW Washington, DC 20530 202-514-3168 Fax: 202-514-1005 Email: william.b.fenton@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
William R Johnson Ashtabula County Sheriff (in his official capacity)

represented by Thomas L. Sartini Office Of The Prosecuting Attorney Ashtabula County 25 West Jefferson Street Jefferson, OH 44047 216-576-3662 Email: tlsartini@co.ashtabula.oh.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy T. Reid Reid Wargo Ste. 2000 55 Public Square Cleveland, OH 44113

Defendant Ashtabula Board of County Commissioners, County of
Plaintiff/Intervenor Celicia E Dibble

216-861-3086 Fax: 216-861-4409 Email: TReid@rmwlaw.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Thomas L. Sartini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy T. Reid (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Avery S. Friedman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth D. Myers Ste. 1300 75 Public Square Cleveland, OH 44113 216-241-3900 Fax: 216-621-9640 Email: kdmy@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/17/1999 11/17/1999
11/17/1999

#

Docket Text

FILING FEE: WAIVED (M,K A.) (Entered: 11/18/1999)

ASSIGNMENT OF MAGISTRATE JUDGE pursuant to Local Rule 3.1, Assignment of Cases. In the event of referral this case will be referred to Mag. Judge Jack B. Streepy . 1 pg (V,K) (Entered: 11/19/1999)

1 COMPLAINT; jury demand (Service: summons & magistrate

11/17/1999 12/10/1999 12/10/1999 12/27/1999 12/27/1999 12/27/1999 12/30/1999
01/27/2000
02/02/2000 02/02/2000 02/17/2000 02/28/2000
03/06/2000

consent form issd) (5 pgs) (V,K) (Entered: 11/19/1999)
2 CIS filed by USA. ECF Req. By Jenny R. Yang; Recommended Track: Standard. (1 pg) (V,K) (Entered: 11/19/1999)
3 ANSWER to Complaint by Ashtabula Bd Comr; jury demand ( 3 pgs) (V,K) (Entered: 12/13/1999)
4 ANSWER to Complaint by William R Johnson; jury demand ( 3 pgs) (V,K) (Entered: 12/13/1999)
5 MOTION by plaintiff for attorney Jenny R. Yang and Stephen J. Curran to appear pro hac vice ( 3 pgs) (S,R) (Entered: 12/28/1999)
6 DECLARATION of Jenny R. Yang by plaintiff USA re motion for attorney Jenny R. Yang and Stephen J. Curran to appear pro hac vice [5-1] ( 2 pgs) (S,R) (Entered: 12/28/1999)
7 DECLARATION of Stephen J. Curran by plaintiff re motion for attorney Jenny R. Yang and Stephen J. Curran to appear pro hac vice [5-1] ( 2 pgs) (S,R) (Entered: 12/28/1999)
MARGINAL ENTRY ORDER granting mot for attys Jenny R. Yang and Stephen J. Curran to appear pro hac vice [5-1]. (issd 1/4/00) Judge Donald C. Nugent [EOD Date: 1/4/00] (V,K) (Entered: 01/04/2000)
8 CASE MANAGEMENT CONFERENCE scheduling order. CMC set 2:15 p.m. on 2/23/00 (issued on 1/26/00) ( 8 pgs) Judge Donald C. Nugent [EOD Date: 1/27/00] (W,J) (Entered: 01/27/2000)
9 MOTION by Celicia Dibble for lv to intervene of right and for other relief. (5 pgs) (V,K) (Entered: 02/03/2000)
10 MOTION (COPY) by non-party Celecia E. Dibble to transfer case to Judge John M. Manos. (7 pgs) (V,K) (Entered: 02/16/2000)
11 DISCOVERY PLAN RE: FRCP 26 by pltf & defts ( 4 pgs) (B,E J) (Entered: 02/17/2000)
12 BRIEF by William R Johnson, Ashtabula Bd Comr in opposition to motion by non-party Celecia E. Dibble to transfer case to Judge John M. Manos. [10-1] ( 5 pgs) (B,E J) (Entered: 02/29/2000)
13 ORDER. Purs to L.R. 3.1.(b)(3) case transferred to Judge John M. Manos. (issd) (2 pgs) Judge Donald C. Nugent [EOD Date:

03/09/2000 03/17/2000 04/03/2000
04/03/2000 04/03/2000
04/03/2000 05/09/2000 06/27/2000 06/27/2000 06/28/2000
06/28/2000 07/03/2000 07/03/2000 07/05/2000

3/7/00] (V,K) (Entered: 03/07/2000)
14 NOTICE by defts of depo of Cecilia Dibble on 3/27/00 & prodctn of witness. ( 3 pgs) (B,B) (Entered: 03/10/2000)
15 NOTICE of hearing in room: 3301 Key Tower, before: Judge Manos status hearing 1:30 4/10/00 (issued on 3/17/00) ( 1 pgs) (K,V) (Entered: 03/17/2000)
MARGINAL ENTRY ORDER granting mot by Celicia Dibble for lv to intervene of right and for other relief [9-1]. (issd 4/4/00) Judge John M. Manos [EOD Date: 4/4/00] (V,K) (Entered: 04/04/2000)
16 ATTORNEY APPEARANCE on behalf of pltf by atty Avery S. Friedman. (2 pgs) (V,K) (Entered: 04/04/2000)
17 MINUTES of proceedings before Judge John M. Manos; Court Reporter: none. Status conf held 4/3/00; discovery cutoff date is 7/10/00. Trial immed after Timothy Dibble's trial (1:99cv2613) sched 7/17/00. (1 pg) (V,K) (Entered: 04/04/2000)
32 INTERVENOR'S COMPLAINT w/jury demand filed by intvp Celicia Dibble. (19 pgs) (V,K) (Entered: 07/26/2000)
18 NOTICE OF SUBMISSION by defendants of discovery responses to pltf on 5/8/00 (2 pgs) (S,R) (Entered: 05/11/2000)
19 NOTICE OF SUBMISSION by defts of discovery to pltf on 6/23/00. (2 pgs) (V,K) (Entered: 06/28/2000)
20 MOTION by deft for lv to file attached ans instanter to intv cmp. (3 pgs & ans) (V,K) (Entered: 06/28/2000)
21 MOTION by defts for order to remove pltf's cnsl; NOTICE of Celecia Dibble's alteration of medical records & perpetuation of fraud upon the Ct; & MOTION for sanctions ( 59 pgs) (M,J A A) (Entered: 06/29/2000)
22 MOTION by defts for lv to submit affidavit in supp of mtn for sanctions under seal (Affidavit submitted under seal attached) ( attach & 2 pgs) (M,J A A) (Entered: 06/29/2000)
23 RESPONSE by plaintiff to motion by defts for order to remove pltf's cnsl; [21-1] ( 13 pgs) (K,V) (Entered: 07/03/2000)
24 DECLARATION by plaintiff re: response to defts' mot to remove pltf's counsel [23-1] ( 34 pgs) (K,V) (Entered: 07/03/2000)
25 RESPONSE by intvp Celicia E Dibble to motion by defts for

07/05/2000 07/05/2000 07/10/2000 07/20/2000
07/24/2000 07/24/2000 07/24/2000 08/01/2000
08/04/2000 08/04/2000 08/04/2000 08/04/2000 08/07/2000

order to remove pltf's cnsl; [21-1], & to motion for sanctions [21-2] AND (H,D) (Entered: 07/06/2000)
25 MOTION by intvp Celicia E Dibble to strike 6/22/00 depo of pltf-intervenor , in limine , & for sanctions against defts & their cnsl. ( 71 pgs) (H,D) (Entered: 07/06/2000)
26 MINUTES of proceedings before Judge John M. Manos: conf held; disc up until 7/24/00; trial 7/24/00 in 1:99cv2613; Court reporter Marian Banno ( 1 pg) (M,EJ) (Entered: 07/10/2000)
27 NOTICE OF SUBMISSION by defts of resps to pltf's disc req. (2 pgs) (V,K) (Entered: 07/10/2000)
28 TRIAL ORDER scheduling trial at 9:00 a.m. on 8/21/00; 4 copies of trial brfs shall be filed with the Ct on 8/11/00, etc. (issued on 7/20/00) ( 2 pgs) Judge John M. Manos [EOD Date: 7/24/00] (M,J A A) (Entered: 07/24/2000)
29 MOTION by intvp Celecia Dibble for lv to file amd complt. (Amd Complt attached) ( attach & 3 pgs) (M,J A A) (Entered: 07/25/2000)
30 MOTION by pltf for lv to file amd complt. (Amd Complt attached) ( attach & 2 pgs) (M,J A A) (Entered: 07/25/2000)
31 MEMORANDUM by pltf in support of its mtn for lv to file amd complt. [30-1] ( 6 pgs) (M,J A A) (Entered: 07/25/2000)
33 MOTION by defts for lv to ans amended complts & to file a cntrclm. (Answer to Amd Complt & Answer to intervenor pltf's comply & cntrclm attached) ( attach & 7 pgs) (M,J A A) (Entered: 08/01/2000)
34 RESPONSE by intervenor-pltf Celicia E Dibble to defts' mtn for lv to file cntrclm & demand for jury trial [33-1] ( 5 pgs) (M,J A A) (Entered: 08/07/2000)
35 RESPONSE Memo by pltf USA in opp to defts' mtn for lv to file a cntrclm & demand a jury trial. [33-1] ( 12 pgs) (M,J A A) (Entered: 08/07/2000)
36 PROPOSED Jury instructions by defts. ( 35 pgs) (M,J A A) (Entered: 08/07/2000)
37 PROPOSED VOIR DIRE Questions by defts. ( 5 pgs) (M,J A A) (Entered: 08/07/2000)
MARGINAL ENTRY ORDER: granting motion by deft for lv to file attached ans instanter to intv cmp. [20-1] (issued on

08/07/2000 08/11/2000 08/11/2000 08/11/2000 08/11/2000 08/11/2000 08/16/2000
08/16/2000 08/18/2000 08/18/2000 08/18/2000 08/18/2000
08/22/2000 08/25/2000

8/10/00) Judge John M. Manos [EOD Date: 8/9/00] (S,R) (Entered: 08/09/2000)
43 ANSWER to Complaint by defendants; jury demand (7 pgs) (S,R) (Entered: 08/16/2000)
38 PRE-TRIAL PROPOSED FINDINGS of fact and conclusions of law of plaintiff ( 33 pgs) (S,R) (Entered: 08/12/2000)
39 TRIAL brief by plaintiff ( 36 pgs) (S,R) (Entered: 08/12/2000)
40 TRIAL brief by intervenor-plaintiff Celicia E Dibble ( 4 pgs) (S,R) (Entered: 08/12/2000)
41 PROPOSED FINDINGS of fact and conclusions of law of intervenor-plaintiff Celicia E Dibble ( 2 pgs) (S,R) (Entered: 08/12/2000)
42 TRIAL brief by defts, including witness & exhibit lists ( 15 pgs) (M,EJ) (Entered: 08/14/2000)
MARGINAL ENTRY ORDER: granting motion by defts for lv to submit affidavit in supp of mtn for sanctions under seal [221] (issued on 8/17/00) Judge John M. Manos [EOD Date: 8/17/00] (S,R) (Entered: 08/17/2000)
44 AFFIDAVIT of Timothy T. Reid (6 pgs) (FILED UNDER SEAL) (S,R) (Entered: 08/17/2000)
45 NOTICE OF submission by defts of disc resps on 8/18/00 ( 2 pgs) (V,K) (Entered: 08/21/2000)
46 RESPONSE by defts to pltf United States' mot in limine to exclude defts' witnesses and exhs. (6 pgs) (V,K) (Entered: 08/21/2000)
47 MOTION by USA in limine precluding defts from presenting at trial various witnesses & exhibits. ( 4 pgs) (H,D) (Entered: 08/21/2000)
48 MEMORANDUM by USA in support of motion by USA in limine precluding defts from presenting at trial various witnesses & exhibits. [47-1] ( 39 pgs) (H,D) (Entered: 08/21/2000)
49 ORDER purs to L.R. 3.1(b). Case reassigned to Judge Patricia A. Gaughan. (issd 8/22/00) (1 pg) Judge John M. Manos [EOD Date: 8/22/00] (V,K) (Entered: 08/22/2000)
50 REPLY by plaintiff to response to motion by USA in limine precluding defts from presenting at trial various witnesses &

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09/20/2000 09/20/2000 09/20/2000 09/20/2000
09/20/2000 09/20/2000 09/27/2000

exhibits. [47-1] ( 4 pgs) (K,V) (Entered: 08/26/2000)
51 REPLY by USA to response to motion by USA in limine precluding defts from presenting at trial various witnesses & exhibits. [47-1] ( 24 pgs) (K,V) (Entered: 08/26/2000)
52 ORDER: settlement conf set for 9:30 on 9/27/00 before Judge Gaughan in room 202 (issued on 8/29/00) (1 pg) Judge Patricia A. Gaughan [EOD Date: 8/30/00] (S,R) (Entered: 08/30/2000)
MARGINAL ENTRY ORDER: granting motion by intvp Celecia Dibble for lv to file amd complt. [29-1] (issued on 9/20/00) Judge Patricia A. Gaughan [EOD Date: 9/22/00] (S,R) (Entered: 09/22/2000)
53 AMENDED INTERVENOR COMPLAINT by plaintiff/intervenor Celecia E Dibble [32-1] (8 pgs) (S,R) Modified on 09/22/2000 (Entered: 09/22/2000)
MARGINAL ENTRY ORDER: denying motion by intvp Celicia E Dibble to strike 6/22/00 depo of pltf-intervenor [25-1], in limine [25-2] and for sanctions against defts & their cnsl. [253] (issued on 9/20/00) Judge Patricia A. Gaughan [EOD Date: 9/22/00] (S,R) (Entered: 09/22/2000)
MARGINAL ENTRY ORDER: denying motion by defts for order to remove pltf's cnsl [21-1] and for sanctions [21-2] (issued on 9/20/00) Judge Patricia A. Gaughan [EOD Date: 9/22/00] (S,R) (Entered: 09/22/2000)
MARGINAL ENTRY ORDER: granting motion by pltf for lv to file amd complt. [30-1] (issued on 9/22/00) Judge Patricia A. Gaughan [EOD Date: 9/22/00] (S,R) (Entered: 09/22/2000)
54 AMENDED COMPLAINT by plaintiff USA [1-1] (5 pgs) (S,R) (Entered: 09/22/2000)
55 ORDER: motion by defts for lv to ans amended complts & to file a cntrclm gr in part and denied in part [33-1]; dfts are gr leave to answer pltfs' amd cmplts; however, leave to file cntclm is denied (issued on 9/20/00) ( 4 pgs) Judge Patricia A. Gaughan [EOD Date: 9/22/00] (S,R) (Entered: 09/22/2000)
56 ANSWER to Plantiff-Intervenor's Amended Complaint by defendants; jury demand ( 5 pgs) (S,R) (Entered: 09/22/2000)
57 ANSWER to Amended Complaint by defendants; jury demand ( 3 pgs) (S,R) (Entered: 09/22/2000)
MARGINAL ENTRY ORDER finding the motion by USA in

09/27/2000
09/28/2000 04/09/2001

limine precluding defts from presenting at trial various witnesses & exhibits moot [47-1]. Pltf may re-file after the new disc ddl has passed. (issd 9/28/00) Judge Patricia A. Gaughan [EOD Date: 9/28/00] (V,K) (Entered: 09/28/2000)
58 CIVIL MINUTES/ORDER. Settlement conf held; expert discovery ddl is 3/15/01; final pretrial set for 9:00 a.m. on 4/9/01; trial set for 10:00 a.m. on 4/23/01. Non-expert disc ddl is ext to 1/15/01; defts' expert reports due 1/15/01; pltfs' due 2/15/01. (issd 10/3/00) (1 pg) Judge Patricia A. Gaughan [EOD Date: 10/4/00] (V,K) (Entered: 10/04/2000)
59 CONSENT DECREE resolving all issues raised in the amd cmp of US only, etc. (issd 10/3/00) (16 pgs) Judge Patricia A. Gaughan [EOD Date: 10/4/00] (V,K) (Entered: 10/04/2000)
60 ORDER: entry of 9/27/01 is amended to reflect that the consent decree is a final (issued on 4/10/01) (1 pg) Judge Patricia A. Gaughan [EOD Date: 4/13/01] (S,R) (Entered: 04/13/2001)