Case 2:06-cv-002..:..._,WOB Document 1-1 Filed 12/2 .,dbo6 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION

SEAN P. DONELAN,
Plaintiff,
v. CITY OF HIGHLAND HEIGHTS,
Defendant. .

Civil Action No. - - - - - Electronically Filed Jury Trial Demanded

COMPLAINT

Plaintiff, Sean P. Donelan ("Donelan"), by the undersigned attorneys, makes the

following averments:

1. This civil action is brought pursuant to the UliifOlmed Services Employment and

Reemployment Rights Act of 1994,38 U.S.C. §§ 4301 - 4333 ("USERRA").

JURISDICTION AND VENUE

2. This Court has jurisdiction over the subject matter of this action pursuant to

38 U.S.C. § 4323(b).

3. Venue is proper in this district under 38 U.S.C. § 4323(c)(2) and 28 U.S.C.

§ 1391(b) because Defendant, City of Highland Heights ("City"), exercises authority and carries

out its municipal functions in this judicial district.

PARTIES

4.

Plaintiff Donelan resides in Kenton County, Kentucky, within the jurisdiction of

this Court.

5.

The City of Highland Heights, KentUcky, is a municipality within the jurisdiction

'\1

'l

Case 2:06-cv-002:':"_.1WOB Document 1-1 Filed 12/2 ,.d006 Page 2 of 5

of this Court (Campbell County, Kentucky).

CLAIM FOR RELIEF

6. On June 18,2001, Donelan begari full-time employment as a patrol officer for the

City of Highland Heights Police Department ("HHPD").

7. In August 2004, Donelan enlisted in the United States Air Force ,Reserve, and on

August 19,2004, he submitted a memorandum to Chief Carl Mullen of the HHPD requesting a

leave of absence to complete military service.

8. Donelan received written orders to report for Initial Active Duty Training

("IADT") for the U.S. Air Force Reserve from September 20,2004, until January 4,2005.

'Donelan provided notice and copies of his written orders to HHPD.

9. From the time Donelan informed Chief Mullen that he was considering joining

the U.S. Air Force Reserve to start his IADT service, Chief Mullen made hostile remarks about

Donelan's military service.

10. Dming Donelan's employment with the HHPD, Chief Mullen made hostile

remarks about the military service of another HHPD former employee.

11.

Between the time Donelan informed Chief Mullen that he joined the U.S. Air

Force Reserve and the start of his IADT service, Chief Mullen exhibited hostility toward

Donelan's imminent military service;

. 12. Donelan completed his IADT and returned to work on or about JanualY 1,2005,

after completing one hundred and three (103) days ofmilitmy service.

13. Even though there is a Highland Heights City Ordinance which provides for

differential pay between a police officer's City wage and militalY salary, Chief Mullen infOlmed

Donelan that he would not be receiving the differential pay, and Donelan has never received this

Case 2:06-cv-002:::,~.,WOB

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pay,

14, After Donelan returned from IADT, Chief Mullen changed Donelan's work

sc4-e-dule to a less desirable one than he had before his IADT.

15. After Donelan returned from IADT, he'was subjected to disparate treatment in

terms of a work assignment.

16. Donelan reported for two weekend Reserve drills while he worked for the City

- one in January 2005 and one in February 2005. He provided written notice to Chief Mullen of

his Reserve drill dates.

17. Two (2) days after Donelan returned fi.'om his February Reserve drill and thirty-

eight (38) days after,he returned from IADT, Chief Mullen gave Donelan a memorandum, signed

by the City's Mayor, terminating Donelan's employment, effective February 8, 2005.

18.

The City violated Section 4311 ofUSERRA, among other ways, by

discriminating against Donelan and denying him benefits of employment and retention in

employment because of his membership in, performance of service in, obligation to perform

service in, or application to perform service in the United States of America's uniformed

services,

19, The City violated Section 4316 ofUSERRA by discharging Donelan without

cause on February 8, 2005, less.than 180 days after his January 1, 2005 reemployment with the

City.

20.

The City's violations ofUSERRA were willful.

21.

As a result of the City's unlawful discrimination against Donelan and his

discharge, Donelan has suffered substantial loss of earnings and other benefits of employment.

PRAYER FOR RELIEF

Case 2:06-cv-002<-.jWOB Document 1-1 Filed 12/2 .....:006 Page 4 of 5

WHEREFORE, Donelan prays that the Court enter judgment against the City of

Highland Heights as follows:

22.

Declare that the City's.denial of benefits of employment and retention in

employment were unlawful and in violation ofUSERRA;

23.

Declare that the City's discharge of Donelan without cause was unlawful and in

violation ofUSERRA;

24. Order that the City fully comply with USERRA by reinstating Donelan at the

level of seniority, statUs and compensation that he enjoyed at the time of his discharge; or

provide appropriate front pay;

25.

Order that the City pay appropriate backpay, including but not limited to full

pension benefits, and the differential military pay that the City didnot pay Donelan during active

duty;

26.

Find that the City's violations ofUSERRAwere willful;

27.

Order that the City pay Donelan as liquidated damages an amount equal to the

amount of his lost compensation and other benefits suffered by reason of the City's willful

violations ofUSERRA;

28. Enjoin the City fi:om taking any action against Donelan that fails to COlllply with

the provisions of USERRA;

29.

Award Donelan prejudgment interest on the amount of lost compensation found

due;

and

30.

Grant such other and further relief as may be just and proper.

ALBERTOR. GONZALEZ

Case 2:06-cv-002£.~,,{rVOB

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Attorney General
Wanl Kim Assistant Attorney General Civil Rights Division
BY:
DAVID 1 PALMER Chief, Employment Litigation Section
sf Clare Geller ONDRAY HARRIS Deputy Chief CLARE GELLER' VICTOR QUANTANILLA Attorneys U.S. Department of Justice Civil Rights Division . Employment Litigation Section 950 Pennsylvania Avenue, N.W. Patrick Henry Building, Room 4926 Washington, DC 20530 Telephone: (202) 353-1817 . Facsimile: (202) 514-1005

Civil Case Assignment
Case number 2:06CV·225
Assigned: Senior Judge William O. Bertelsman Judge Code: 4307
Assigned on 12/21/2006

http://156.125.6.242/cgi-binJCaseAssign/CVCApl
·,u,

12/2112006 - - - -,--~-.--.---------

Case 2:06-cv-002~-_,4VOB Document 1-3 Filed 12/2,._006 Page 1 of 1

"ll!.JS 44 (Rev. 11/04)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as provided by local rules ofcourt. This form, approved by the Judicial Conference ofthe United States in September 1974, is requIred for the use ofthe Clerk of Court for the purpose ofmitiating
the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS Sean P. Donelan

DEFENDANTS City ofHighland Heights

(b) County of Residence ofFirstListed Plaintiff Kenton County
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorney's (Finn Name, Address, and Telephone Number) Clare Geller, 601 D Street, NW, WashingtoIiDC ;l0004

County ofResidence ofFirst Listed Defendant Campbell County (IN U.S. PLAINTIFF CASES ONLY)
NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.
Attorneys (IfI<nown)
Steven Franzen, 319 York Street, Newport, KY 41071

II. BASIS OF JURISDICTION (Placean"X"inOneBoxOnly)

o 1 u.s. Govemment
Plaintiff

(!J 3 Federal Question (U.S. GovenunentNotaParty)

o 2 U.S. Government
Defendant

o 4 Diversity
(Indicate Citizenship ofPames fn Item JII)

TIl. CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" in One Box for Plaintiff

(For Diversity Cases Only)

, and One Box for Defendant)

PTF DEF

PTF DEF

Citizen ofThis State

0 I 0 I Incorporated or Principal Place

0 4 04

ofBusiness In This State

Citizen ofAnother State

o o 2 0 2 Incorporated anaPrincipal Place

o 5

ofBusiness In Another State

03 CJ foreign Nation

CJ 6 0 6

IV. NATURE OF SUIT. (Place an "X'~ in One Box Only)

CONTRACT

TORTS

F RFEITUREIPENALTY ' "

CJ Ii 0 Insurance
o I20Marine

PERSONAL INJURY 0 310 AllPIane

PERSONAL INJURY 0 6I0 Agriculture 0 362 Personal Injwy- 0 620 Other Food & Drug

CJ 130 MiiIer Act

CJ 315 AirplanePtoduct

Mod. Malpractice 0 625 Drug Related,Seizure

CJ 140 Negotiable InStrument

Liability

CJ 150'Recovety ofOverpayment tJ 320 Assault, Libel &

CJ 365 Personal Injwy Product Liabi1ily

ofProporty 21 USC 881 CJ 630 Liquor Laws

.,& Enforcement ofJudgment

Slander

CJ 36'8 Asbestos Personal 0 640 RR & Truck

oCJ 151 Medicare Act 152 Recovery ofDefatilted

CJ 330 Federal Employers' Liability

Injury Product Liability

CJ 650 Airline Regs. CJ 660 Occupational

StiJdciit Loans

0 340 Marine

PERSONAL PROPERTY

Safety/Health

(Ext!. Velerans)

0 345 Marine Product

CJ 370 Other Fraud

CJ 6900iber

CJ 153 Recovery dfOverpayment

Liability

CJ '371 Truth iii Lending

LABOR ::".

ofVetoran's Benefits

'0 350 Motor Vehicle

CJ 380 Other Personal

CJ 710 Fair Labor Standards

CJ l60Stockh6lders' Suits

CJ 355 Motor Vehicle

Property Damage

Act

CJ 190 Other Contract

Product Liability , CJ 385 Property Damage 0 720 LaborlMgmt. Relations

oCJ 195 Contract Product Liability 0 360 Other"Personai

.196 Franchise

IrijUry,

Product Liability

CJ 730 LaborlMgmt.Reporting & Disclosure Act

. ' ,REAL PROPERTY, :<
o 210 Land Condemnation o '220 ForeClosure

",:" CIVIL-RIGHTS' .~! "':.'. ',PRISONERPETITIONS ' 0 740 Railway Labor Act

0 441 Voting

0 510 Motions to Vacate CJ 790 Other Labor Litigation

0 442 Employment

Sentence

CJ 791 Empl. Ret. Inc.

CJ 230 Rent Lease & Ejectment CJ 443 Housing!

Habeas CQrpus:

Security Act

CJ 240 TortS to Land

Accommodations

0 530 General

'CJ 24S'ToriProductLiability

CJ 444 Weltare

CJ 535 Death Penalty

CJ 290 All Other Real Property CJ 445 Amer. w!Disabilities- CJ 540 Mandamus & Other

Einpl~yment

CJ 550 Civil Rights

0 446 Amer. ",!Disabilities· CJ 555 Prison Condition

Other

~ 440 Other Civil Rights

BANKRUPTCY CJ 422 Appeal 28 USC 158 CJ 423 Withdrawal
28 USC 157,
PR P RTY RTGHTS CJ 820 Copyrights
o 830 Patent
CJ 840 Trademark
SOCIAL SEC JRlTY CJ 861 HIA (1395ff)
o 862 Black Lung (923) o 863 DIWClDIWW (405(g) o 864 SSID Title XVI
0'865 RSI (405(g)) FEDERAL TAX SmTS
o 870 Taxes (U.S, Plaintiff
or Defendant)
o 871 IR:s-Third Party
26 USC 7609

OTIJER STATUTES
0 400 State Reapportionment 0 410 Antitrust CJ 430 Banks and Banking 0 450 Commerce CJ 460 Deportation 0 470 Racketeer Influenced and
Corrupt Organizations CJ 480 Consumer Credit CJ 490 Cable/Sat TV CJ 810 Selective SeMce 0 850 Securities/Commodities!
Exchange CJ 875 Customer Challenge
12USC3410 0 890 Other Statutory Actions CJ 891 Agricultural Acts
0 892 Economic Stabilization Act CJ 893 Environmental Matters 0 894 Energy Ailocation Act CJ 895 Freedom ofInfonnation
Act CJ 900Appeal ofFee Determination
Under Equal Access
to Justice
CJ 950 Constitutionality of State Statutes

V. ORIGIN
i!J 1 Original'
Proceedin

(Place an "X'. in One Box Only)

o 2 Removed from

0 3 Remanded from

o 4

0 5 Transferred from 0 6

Reinstated or

another district

Multidistrict

State Court

A ellate Court

Reo ened

5 eci

Liti ation

C~~ ~:8:6: ~3Uf~~~:rder which you are filing (Do not cite jurisdictional statutCli unleSS diversity):

o Appeal to District 7 Judge from Magistrate Jud ment

VI. CAUSE OF ACTION
VII. REQUESTED IN
COMPLAINT:

Brief description of cause:

'

Violation ofUnitbnned Services Employment and Reemployment Rights Act (UUSERRAU)

CHECK IF THIS IS A CLASS ActION uNDERF:R.C.P.23

DEMAND $

CHECK YES only if demanded in complaint:
JURY DEMAND: I2J Yes ONo

VIII. RELATED CASE(S) IF ANY

(See instructions):

JUDGE

DOCKET NUMBER

DATE
12/21/2006
FOR OFFICE USE ONLY

'~:j-b~ SIGNA'fur OF AI,TITOOroRNEY OF RECORD ,

RECElPI' # -------- AMOUNT ------------- APPLYING IFP

JUDGE- - - - - - MAG. JUDGE -------,----------

----,- ---_._---

Case 2:06-cv-002£.,-,V\JOB Document 1-4 Filed 12/21"..",,006 Page 1 of 1
CERTIFICATE OF SERVICE
On the 21st day of December 20Q.6, I electronically filed this document through the ECF system, which will send a notice of electronic filing to Steven 1 Franzen, Esquire and I mailed Plaintiff Sean P. Donelan's Complaint and a Request for Waiver of Service of Summons and the notice of electronic filing to:
Steven lFranzen, Esquire 319 York Street
Newport,. KY 41071
BY:
sf Clare Geller CLARE GELLER Attorney U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, N.W. Patrick Henry Building, Room 4926 Washington, DC 20530 Telephone: (202) 353-1817 Facsimile: (202) 514-1005

 
 Case 2:06-cv-00225-WOB Document 32 Filed 09/28/2007 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION

SEAN P. DONELAN, Plaintiff,
v. CITY OF HIGHLAND HEIGHTS,
Defendant.

Civil Action No. 2:06-cv-00225 (WOB)

STATUS REPORT Pursuant to this Court’s June 20, 2007 Order, Plaintiff Sean Donelan submits this status report regarding the above-captioned matter. The parties have reached an amicable settlement, the terms of which have been memorialized in a settlement agreement. This settlement represents full resolution of this lawsuit. The Plaintiff has already executed the settlement agreement and intends to file a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1) as soon as confirmation is received that Defendant has executed the agreement and otherwise complied with its terms.

September 28, 2007

Rena J. Comisac Acting Assistant Attorney General Civil Rights Division
By: s/ Clare Geller David J. Palmer (VA# 27802) Chief

Case 2:06-cv-00225-WOB Document 32 Filed 09/28/2007 Page 2 of 3
CLARE GELLER (NY Bar Registration # 4087037) ESTHER TAMBURO (DC Bar No. 461316) Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, N.W. Patrick Henry Building, Room 4926 Washington, DC 20530 Telephone: (202) 353-1817 Facsimile: (202) 514-1005

Case 2:06-cv-00225-WOB Document 32 Filed 09/28/2007 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on September 28, 2007, the foregoing Status Report was
electronically filed with the Eastern District of Kentucky and the following attorneys should have
received notice through the electronic system:
Thomas A. Sweeeny, Esquire Amanda V. Green, Esquire
Sweeney & Fiser, PLLC 2519 Ritchie Avenue
Crescent Springs, Kentucky 41017
/s/ Esther Tamburo ESTHER TAMBURO Attorney for Plaintiff U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, N.W. Patrick Henry Building, Room 4926 Washington, DC 20530 Telephone: (202) 616-1578 Facsimile: (202) 514-1005

 
 CLOSED, PROTO, REFERA

U.S. District Court Eastern District of Kentucky (Covington) CIVIL DOCKET FOR CASE #: 2:06-cv-00225-WOB

Donelan v. City of Highland Heights

Date Filed: 12/21/2006

Assigned to: Judge William O. Bertelsman

Jury Demand: None

Referred to: Judge J. Gregory Wehrman

Nature of Suit: 440 Civil Rights:

Cause: 38:2011 - Veteran's Readjustment Assistance Other

Act of

Jurisdiction: Federal Question

Plaintiff Sean P. Donelan

represented by Clare Frances Geller U.S. Department of Justice Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Rm 4926 Washington, DC 40530 US 202-353-1817 Fax: 202-514-1005 Email: clare.geller@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. Palmer U.S. Department of Justice Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Rm 4926 Washington, DC 40530 US 202-353-1817 Fax: 202-514-1005 Email: david.palmer@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Esther Tamburo U.S. Department of Justice Civil Rights Division

V. Defendant City of Highland Heights

950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4926 Washington, DC 20530 US 202-353-1817 Fax: 202-514-1005 Email: esther.tamburo@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ondray Harris U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4926 Washington, DC 20530 US 202-353-1817 Fax: 202-514-1005 Email: ondray.harris@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Victor David Quintanilla U.S. Department of Justice Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Rm 4926 Washington, DC 40530 US 202-305-3179 Fax: 202-514-1005 Email: victor.quintanilla@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Amanda Vina Green Sweeney & Fiser, PLLC

2519 Ritchie Avenue Crescent Springs, KY 41017 859-426-2690 Fax: 859-426-2695 Email: green@sweeneyandfiser.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven J. Franzen 319 York Street Newport, KY 41071 859-491-7700 Fax: 859-491-4025 Email: stevefranzen@fuse.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas A. Sweeney Sweeney & Fiser, PLLC 2519 Ritchie Avenue Crescent Springs, KY 41017 859-426-2690 Fax: 859-426-2695 Email: sweeney@sweeneyandfiser.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/21/2006
12/21/2006 01/03/2007 01/03/2007

#

Docket Text

1 COMPLAINT, filed by Sean P. Donelan. (Attachments: # 1 Case Assignment Sheet# 2 Civil Cover Sheet # 3 Certificate of Service on Complaint and Request for Waiver of Summons)(LSG) Modified on 12/26/2006 (to clarify record on service)(Maxie, Joyce). (Entered: 12/21/2006)

Conflict Check run. (LSG) (Entered: 12/21/2006)

2 REQUEST FOR WAIVER of Service sent to Steven Franzen, Esquire on 12/21/06 by Sean P. Donelan. Waiver of Service due by 1/22/2007. (Geller, Clare) (Entered: 01/03/2007)

3 WAIVER OF SERVICE Returned Executed by Sean P. Donelan. City of Highland Heights waiver sent on 12/21/2006,

01/09/2007 01/23/2007 03/15/2007 03/15/2007 04/25/2007
05/01/2007 05/01/2007
05/01/2007

answer due 2/20/2007. (Geller, Clare) Modified text to indicate returned executed by Sean P. Donelan on 1/9/2007 (Greiwe, Linda). (Entered: 01/03/2007)
NOTICE OF DOCKET MODIFICATION TO Clare Geller re 3 Waiver of Service Executed ; Error: Attorney selected the wrong filer; Entry made by attorney; Correction: Clerk has added the Plaintiff, Sean P. Donelan, as the filer. Attorney advised to contact the ECF help desk if assistance is needed in choosing the correct filers.; cc: COR (LSG) (Entered: 01/09/2007)
4 ANSWER to Complaint by City of Highland Heights.(Sweeney, Thomas) (Entered: 01/23/2007)
5 REPORT of Rule 26(f) Planning Meeting. (Geller, Clare) Additional attachment(s) added on 3/15/2007 (Greiwe, Linda). (Entered: 03/15/2007)
6 CERTIFICATE OF SERVICE re 5 Report of Parties' Planning Meeting by Sean P. Donelan.(Geller, Clare) (Entered: 03/15/2007)
7 FIRST MOTION for Protective Order by Sean P. Donelan (Attachments: # 1 Memorandum in Support # 2 Affidavit Certification for Protective Order# 3 Proposed Order # 4 Exhibit Exhibit 1 - Defendant's Answers to Interrogatories.pdf# 5 Exhibit Exhibit 2 - Defendant's First Set of Interrogatories.pdf# 6 Exhibit Exhibit 3 - Defendant's First Set of Requests.pdf# 7 Exhibit Exhibit 4 - Plaintiff's Answer to Defendant's First Set of Requests.pdf# 8 Exhibit Exhibit 5 - Correspondence Between Counsel# 9 Exhibit Exhibit 6 - Maxwell v. Health Center of Lake City# 10 Exhibit Exhibit 7 - Richards v. Convergys Corp# 11 Certificate of Service)(Geller, Clare) (Entered: 04/25/2007)
8 ORDER: Docket Call is set for 5/15/2007 01:00 PM in Covington before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman. (JMM)cc: COR (Entered: 05/01/2007)
9 NOTICE OF MANDATORY ECF DIRECTED TO STEVEN J. FRANZEN, a non-registered attorney re 8 Order Setting Hearings had to be MAILED TO a non-registred attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (JMM) (Entered: 05/01/2007)
10 MOTION to Compel by Sean P. Donelan (Attachments: # 1

05/08/2007
05/08/2007 05/09/2007
05/09/2007 05/11/2007

Memorandum in Support # 2 Affidavit Certification# 3 Proposed Order # 4 Certificate of Service# 5 Exhibit 1: April 27, 2007 Letter# 6 Exhibit 2 Part 1: Plaintiff's First Set Of Interrogatories# 7 Exhibit 2 - Part 2: Plaintiff's Request For Production# 8 Exhibit 3: April 25, 2007 Letter)(Geller, Clare) (Entered: 05/01/2007)
11 RESPONSE to Motion re 7 FIRST MOTION for Protective Order by Sean P. Donelan filed by City of Highland Heights. (Attachments: # 1 Exhibit Exhibit 1 - Authorizations and Releases# 2 Exhibit Exhibit 2 - Subpoenas# 3 Exhibit Exhibit 3 - Letter to Counsel# 4 Exhibit Exhibit 4 - Affidavit of Carl Mullen# (5) Exhibit Exhibit 5 - Application for Employment# (6) Exhibit Exhibit 6 - Background Investigation - Part 1 of 4# (7) Exhibit Exhibit 6 - Background Investigation - Part 2 of 4# (8) Exhibit Exhibit 6 - Background Investigation - Part 3 of 4# (9) Exhibit Exhibit 6 - Background Investigation - Part 4 of 4# (10) Exhibit Exhibit 7 - Witness Statement# 11 Exhibit Exhibit 8 - Settlement Agreement)(Sweeney, Thomas)Sealed exhibits 511 per 21Order placed on shelf in clerk's office. Modified text to include "sealed..." on 6/1/2007 (Greiwe, Linda). (Entered: 05/08/2007)
12 NOTICE of Appearance by Victor David Quintanilla on behalf of Sean P. DonelanFor Esther G. Tamburo (Quintanilla, Victor) Additional attachment(s) added on 5/10/2007 (Greiwe, Linda). (Entered: 05/08/2007)
NOTICE OF DEFICIENCY TO Victor Quintanilla re 12 Notice of Appearance; ERROR 1 Attorney failed to provide a certificate of service with the pleading. Attorney advised that each pleading must have a certificate of service. Within 3 business days, the attorney shall file the certificate of service as an attachment to a pleading styled "Notice of Filing"; ERROR 2 Signature on document and filer do not match; error by attorney; the name of the Filing User under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear. cc: COR (LSG) (Entered: 05/09/2007)
13 NOTICE OF FILING by Sean P. Donelan Certificate Of Service Relating To Notice Of Appearance (Attachments: # 1 Exhibit 1: Notice of Appearance# 2 Exhibit 2: Certificate of Service# 3 Certificate of Service For Notice of Filing)(Quintanilla, Victor) (Entered: 05/09/2007)
14 RESPONSE to Motion re 10 MOTION to Compel by Sean P.

05/14/2007 05/14/2007 05/15/2007
05/16/2007
05/16/2007 05/22/2007

Donelan filed by City of Highland Heights. (Attachments: # 1 Exhibit Exhibit 1 - Defendant's Discovery Responses# 2 Exhibit Exhibit 2 - Correspondence from Plaintiff's Counsel# 3 Exhibit Exhibit 3 - Defendant's Supplemental Discovery Responses# 4 Exhibit Exhibit 4 - Proposed Protective Order)(Sweeney, Thomas) (Entered: 05/11/2007)
15 REPLY BRIEF to 7 FIRST MOTION for Protective Order Plaintiff's Motion for a Protective Order filed by Sean P. Donelan. (Attachments: # 1 Certificate of Service)(Geller, Clare) (Entered: 05/14/2007)
16 NOTICE OF FILING by Sean P. Donelan (Attachments: # 1Certificate of Service # 2Certificate of Service)(Geller, Clare) (Entered: 05/14/2007)
18 ORDER; 1)Case referred to Magistrate Judge J. Gregory Wehrman to supervise discovery and pretrial proceedings including setting final pretrial conference and trial dates. Case to revert back to undersigned to hold final pretrial conference and trial; 2)Mag. Judge to conduct pretrial and status conferences, to establish discovery and all other deadlines and to rule on nondispositive motions. Dispositive motions, motions in limine, final pretrial conference and trial will be referred back to the U.S. District Judge unless the parties agree to a trial by a Mag. Judge; 3)Mag. Judge to set a realistic trial date. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 05/16/2007)
17 MINUTE ENTRY FOR DOCKET CALL held on 5/15/2007 before Judge William O. Bertelsman; 1)Court orders the parties to proceed w/deposition of Pla, Sean P. Donelan, which shall include obtaining personnel records from previous employers w/the exclusion of any medical records; 2)Pretrial proceedings, including 10 Motion to Compel and 7 Motion for Protective Order are referred to Magistrate Judge J. Gregory Wehrman; 3)Although documents must now be filed electronically, a paper court courtesy copy must be provided to CHAMBERS w/in 48 hours of filing a brief or memorandum in support of any motion, where such brief or memorandum (including any attached exhibits) exceeds 10 pages. (COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 05/16/2007)
MOTIONS 7 FIRST MOTION for Protective Order by Sean P. Donelan, 10 MOTION to Compel by Sean P. Donelan REFERRED to Judge Magistrate Judge J. Gregory Wehrman. (LSG) (Entered: 05/16/2007)
19 REPLY to Response to Motion re 10 MOTION to Compel by

05/23/2007 05/30/2007
05/31/2007 06/04/2007 06/04/2007 06/06/2007 06/07/2007

Sean P. Donelan filed by Sean P. Donelan. (Attachments: # 1 Exhibit Letter# 2 Certificate of Service)(Geller, Clare) (Entered: 05/22/2007)
***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: 7 FIRST MOTION for Protective Order by Sean P. Donelan, 10 MOTION to Compel by Sean P. Donelan (LSG) (Entered: 05/23/2007)
20 (ORDER)MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 5/30/2007 before Judge J. Gregory Wehrman; 1)Pla's 7 FIRST MOTION for Protective Order prohibiting def from seeking discovery of propensity evidence from former employers is denied in part, however, the part of the motion seeking to prevent def from deposing pla's former employers is taken under submission as follows: (a) By 6/1/2007, def to provide the Court the identity of former employers and the purpose of the deposition; (b) Pla to file their responses by 6/5/2007; 2)Def's proposed protective order w/appropriate changes shall be promptly executed after which, the def shall provide responses to document request 16, 17, 17, 24, 25, and 29 and interrogatories 9, 10, 13 and 14; Pla's 10 MOTION to Compel is Granted; 3)Pla to promptly execute a medical authorizaion for his psychological records contained in the Wilder Police Department file; 4)All records by this Order shall be provided by 6/6/2007. (LSG)cc: COR (Entered: 05/31/2007)
21 ORDER; Clerk to place Exhibits 5-11 of 11 Response to Motion filed by City of Highland Heights, under seal. Signed by Judge J. Gregory Wehrman. (LSG)cc: COR (Entered: 06/01/2007)
22 Proposed Agreed Order/Stipulation Protective Order by City of Highland Heights. (Green, Amanda) (Entered: 06/04/2007)
***FILE SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: 22 Proposed Agreed Order/Stipulation (LSG) (Entered: 06/04/2007)
23 PROTECTIVE ORDER; (See order for details). Signed by Judge J. Gregory Wehrman. (LSG)cc: COR (Entered: 06/06/2007)
24 TRANSCRIPT of Official Proceedings consisting of 10 pages: Docket Call held on 5/15/2007 before Judge William O. Bertelsman. Court Reporter: Joan Averdick. (LSG) (Entered: 06/07/2007)

06/11/2007
06/14/2007 06/15/2007
06/18/2007 06/18/2007 06/19/2007 06/20/2007

25 MEMORANDUM ORDER; 1)Pla's 7 FIRST MOTION for Protective Order, to the extent taken under submission, is Now Denied as Moot; 2)Pretrial deadlines are adopted as follows: a)Fact and expert discovery due by 7/20/2007; b)Def's rule 26(a)(2) disclosures to be completed by 6/22/2007; c)Status reports due by 7/20/2007. If parties desire a court-facilitated settlement conference, they shall include in their reports a list of not fewer than 3 agreeable dates on which to convene a conference; d)Dispositive motions due by 9/14/2007 with responses due by 10/12/2007 and any replies due by 10/26/2007. Signed by Judge J. Gregory Wehrman. (LSG)cc: COR (Entered: 06/11/2007)
26 JOINT MOTION to Amend/Correct by Sean P. Donelan, City of Highland Heights Report of Parties' Planning Meeting and Joint Proposed Scheduling Plan (Attachments: # 1 certificate of service)(Geller, Clare) Additional attachment(s) added on 6/18/2007 (Greiwe, Linda). (Entered: 06/14/2007)
NOTICE OF DEFICIENCY TO Clare Geller re 26 JOINT MOTION to Amend/Correct by Sean P. Donelan, City of Highland Heights; attorney has failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney;; Attorney shall file document entitled a Notice of Filing with a certificate of service as the main pleading with the proposed order as an attachment to the Notice of Filing within 3 business days cc: COR (LSG) (Entered: 06/15/2007)
27 NOTICE OF FILING by Sean P. Donelan (Attachments: # 1 # 2)(Geller, Clare) (Entered: 06/18/2007)
***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: 26 JOINT MOTION to Amend/Correct by Sean P. Donelan (LSG) (Entered: 06/18/2007)
28 MOTION for Leave by City of Highland Heights to File Amended Answer (Attachments: # 1 Memorandum in Support of Motion for Leave to File Amended Answer# 2 Exhibit Proposed Amended Answer# 3 Proposed Order granting Leave to File Amended Answer)(Green, Amanda) (Entered: 06/19/2007)
NOTICE OF DEFICIENCY TO Amanda Green re 28 MOTION for Leave by City of Highland Heights; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc:

06/20/2007
07/10/2007 07/12/2007 07/12/2007 09/28/2007 10/03/2007 10/10/2007 10/11/2007 10/15/2007

COR (LSG) (Entered: 06/20/2007)
29 ORDER; 1)GRANTING 26 JOINT MOTION to Amend/Correct Scheduling Order; 2)Discovery, except for expert depositions due by 9/28/2007 with Status reports due the same day; 3)Pla to disclose expert witnesses and produce reports by 10/12/2007 w/experts to be available for depos by 11/9/2007; Def to disclose expert witnesses and produce their reports by 11/23/2007 w/experts to be available for depos by 12/21/2007; 4)Any Motions to dismiss, motions for summary judgment or motions for judgment on the pleadings due by 2/1/2008 with Responses due by 2/22/2008 and any Replies due by 3/14/2008. Signed by Judge J. Gregory Wehrman. (LSG)cc: COR (Entered: 06/20/2007)
***MOTION SUBMITTED TO CHAMBERS of Mag. Judge J. Gregory Wehrman for review: 28 MOTION for Leave by City of Highland Heights (LSG) (Entered: 07/10/2007)
30 ORDER granting 28 Motion for Leave to file amended answer. Def's proposed amended answer to be filed. Signed by Judge J. Gregory Wehrman. (LSG)cc: COR (Entered: 07/12/2007)
31 AMENDED ANSWER to Complaint by City of Highland Heights. FILED PURSUANT TO 30 ORDER (LSG) (Entered: 07/12/2007)
32 STATUS REPORT by Sean P. Donelan. (Geller, Clare) (Entered: 09/28/2007)
33 ORDER: On or before 11/5/07 Counsel shall submit an Agreed Entry of Dismissal for the signature of Judge William O. Bertelsman. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR (Entered: 10/03/2007)
34 STIPULATION of Dismissal by Sean P. Donelan. (Geller, Clare) (Entered: 10/10/2007)
***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 34 Stipulation of Dismissal (LSG) (Entered: 10/11/2007)
35 AGREED ENTRY OF DISMISSAL; Pla notifies court, action is dismissed w/prejudice. Both parties to assume their own fees and costs. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 10/15/2007)

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Client Code: Baker

Description: Docket Report Search Criteria: 2:06-cv-00225-WOB

Billable Pages: 5

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