Case: Chiaverini v. City of Napoleon

3:17-cv-02527 | U.S. District Court for the Northern District of Ohio

Filed Date: Nov. 16, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This case, filed in Michigan state court in 2011, challenged Michigan's governor's power to revoke the commutation of a prison sentence. The plaintiff in this case was convicted in 1989 of first-degree murder and armed robbery and sentenced by the circuit court in Wayne County, Michigan to life imprisonment without the possibility of parole. In January 2010, the plaintiff applied for a sentence commutation to parolable life. After a favorable review by the Executive Clemency Advisory Council, t…

This case, filed in Michigan state court in 2011, challenged Michigan's governor's power to revoke the commutation of a prison sentence.

The plaintiff in this case was convicted in 1989 of first-degree murder and armed robbery and sentenced by the circuit court in Wayne County, Michigan to life imprisonment without the possibility of parole. In January 2010, the plaintiff applied for a sentence commutation to parolable life. After a favorable review by the Executive Clemency Advisory Council, the parole board advanced the matter to a public hearing, ultimately recommending commutation. The governor at the time, Jennifer Granholm, signed the commutation certificate, which was then delivered to the Office of the Great Seal where the Great Seal was affixed. The document was then signed by the Secretary of State and sent to the Michigan Department of Corrections (MDOC), but not processed. Following objections from the victim’s family, the governor’s office engaged in email communication with a parole board member and the MDOC, which indicated the certificate would be returned unprocessed.

On December 27, 2010, the governor issued a written directive to the parole board informing the board she intended to revoke the communication and instructing the board to halt all commutation proceedings, prohibit the plaintiff’s release, and rescind any and all certificates relating to the commutation. On December 29, 2010, the governor’s office retrieved the commutation certificate from the secretary of state's office and destroyed it. Thereafter, the parole board voted against recommending commutation. The new governor, Rick Snyder, ultimately denied the plaintiff's commutation application.

Following this course of events, the plaintiff filed suit in Ingham County Circuit Court on May 19, 2011, seeking declaratory judgment and injunctive relief. He alleged that Governor Granholm had officially commuted his sentence, that she lacked the power to revoke the commutation, and that the manner of revocation violated his due process rights. The defendants moved for summary disposition, arguing that the plaintiff's claim was unenforceable as a matter of law because the governor's actions were consistent with her constitutional powers and the commutation never became effective. The plaintiff responded by arguing that the signed and sealed commutation certificate was final and irrevocable and that once his request for commutation was granted he acquired a liberty interest and was entitled to due process. 

On November 15, 2011, the trial court issued an opinion holding that it did not have jurisdiction to examine the governor’s exercise of her constitutional authority to commute a prison sentence. 

Thereafter, the defendant appealed to the state court of appeals where, on December 27, 2012, the court issued an opinion affirming the trial court’s decision to dismiss the case, holding that the plaintiff’s challenge to the governor's commutation power “present[ed] a nonjusticiable political question.” 829 N.W.2d 291. The plaintiff then appealed to the Michigan Supreme Court.

The supreme court considered several issues on appeal: the political question doctrine; separation of powers; the finality of the communication regarding the commutation; and the constitutionality of revoking a commutation. The court issued an opinion on June 3, 2014, overruling the lower courts. 852 N.W.2d 61. Likening this case to Marbury v. Madison, the court rejected the invocation of the political question doctrine, holding that the court must determine only whether the governor completed all steps legally required to grant a commutation and whether the constitution grants the governor the power to revoke a valid commutation. Next, the court rejected the assertion that intervention into the commutation process presented a separation of powers issue, holding that the court only determined what rights, if any, the governor granted the plaintiff upon the delivery of the commutation to the MDOC and whether the governor's power allows for the revocation of any such rights. On the question of finality, the court held that the plaintiff’s sentence had been commuted because it was both the governor’s “clear intent” to commute the sentence and the last act required had been completed once the commutation was affixed with the Great Seal by the Secretary of State. With the issue of finality settled, the court then turned to the constitutionality of revocation, holding that the constitution confers only the power to grant commutations and the fact that the constitution specifically authorizes the governor to grant a commutation implies that the governor's power is “limited only to that ability.”

The Court ordered the MDOC to “reinstate the plaintiff's sentence to a minimum term of years—equivalent to the amount of time served as of the date of the Michigan Parole and Commutation Board's decision to recommend that plaintiff's sentence be commuted—to a maximum of life, and remand plaintiff to the jurisdiction of the parole board.”

The parole board denied the plaintiff parole in July 2014. Thereafter, he moved for clarification or rehearing of the supreme court’s decision, asserting that the board already agreed to parole him when it sent the commutation recommendation to the governor. In response, the Court entered an order on September 17, 2014, amending the last sentence of its June opinion.

In October 2014, the case was transferred to the Court of Claims, which issued an opinion in April 2015 holding that the plaintiff had identified a “historical practice, but not an actual, obvious legal entitlement to an outright grant of parole.” The court concluded that the law did not provide that a commutation entitled the plaintiff to parole and posited that if the plaintiff felt that the board had not properly exercised its discretion in his case his only recourse would be to file a new cause of action. 

The plaintiff then appealed the Court of Claims’ order to the Michigan Court of Appeals. Simultaneously, he also applied to the Michigan Supreme Court for permission to bypass the appellate court. The supreme court denied the application on September 9, 2015. 868 N.W.2d 893.

The appellate court issued an opinion on August 18, 2016, affirming the Court of Claims. 894 N.W.2d 753. In its opinion, the court held that the governor’s commutation order did not impose a new sentence but merely altered the existing one, leaving the plaintiff subject to the parole board’s jurisdiction and, thus, its discretion. The court rejected the plaintiff’s argument that the board’s past practice of paroling similarly situated prisoners created a constitutional or legal right to parole, as clemency remains a discretionary privilege. The court also noted that the plaintiff failed to identify any state law entitling him to immediate parole, thus supporting the view that the board had the authority to deny his release.

The plaintiff filed an application with the supreme court seeking permission to appeal the appellate court’s decision. The Court denied the application on May 10, 2017. 894 N.W.2d 547. On September 12, 2017, the Court denied a motion for reconsideration. 901 N.W.2d 389.

The plaintiff was paroled in 2019.

Summary Authors

Logan Moore (4/5/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7777493/parties/chiaverini-v-city-of-napoleon/


Judge(s)

Helmick, Jeffrey James (Ohio)

Attorney for Plaintiff

Hutchinson, Matthew O. (Ohio)

Attorney for Defendant

Grigsby, Teresa L. (Ohio)

McHugh, Jennifer A. (Ohio)

Pizza, Lisa E. (Ohio)

Documents in the Clearinghouse

Documents in this case

17-cv-00126

Docket from Henry County Court of Common Pleas

Chiaverini vs. City of Napoleon

Ohio state trial court

Nov. 16, 2017

Nov. 16, 2017

Docket

23-50

3:17-cv-02527

Docket

July 20, 2023

July 20, 2023

Docket
1

3:17-cv-02527

Notice of Removal

Chiaverini v. City of Napoleon, Ohio

Dec. 4, 2017

Dec. 4, 2017

Pleading / Motion / Brief
1-1

3:17-cv-02527

Complaint With Jury Demand Endorsed Hereon

Dec. 4, 2017

Dec. 4, 2017

Complaint
135

3:17-cv-02527

Memorandum Opinion and Order

Chiaverini v. City of Napoleon, Ohio

Sept. 30, 2021

Sept. 30, 2021

Order/Opinion

2021 WL 4502730

21-03996

Opinion

U.S. Court of Appeals for the Sixth Circuit

Jan. 11, 2023

Jan. 11, 2023

Order/Opinion

2023 WL 152477

23-50

[Untitled]

Supreme Court of the United States

June 20, 2024

June 20, 2024

Order/Opinion

602 U.S. 556

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7777493/chiaverini-v-city-of-napoleon/

Last updated April 9, 2026, 5:14 a.m.

ECF Number Date Description Link
1 Dec. 4, 2017

Notice of Removal from Henry County Court of Common Pleas, case number 17CV0126 with jury demand, Filing fee paid $ 400, receipt number 0647-8445260.. Filed by jamie mendez, City of Napoleon, Ohio, Robert Weitzel, Nicholas Evanoff, David Steward. (Attachments: # 1 Exhibit 1 Complaint, # 2 Exhibit 2 Email Communications, # 3 Civil Cover Sheet) (Grigsby, Teresa) Modified on 12/5/2017 (M,L). (Entered: 12/04/2017)

Clearinghouse
2 Dec. 5, 2017

First Motion for extension of time until 01/24/2018 to answer Move, Plead, or Otherwise Respond to Plaintiff's Complaint filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (McHugh, Jennifer) (Entered: 12/05/2017)

RECAP
3 Dec. 5, 2017

Magistrate Consent Form issued. (M,L) (Entered: 12/05/2017)

RECAP
Dec. 5, 2017

Judge Jack Zouhary assigned to case. (M,L)

Dec. 5, 2017

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (M,L)

4 Dec. 13, 2017

ORDER granting City of Napoleon Defendants' Request for First Extension of Time to Move, Plead, or Otherwise Respond to Plaintiffs' Complaint 2 . Answer due by 1/24/18; initial Phone Status set for 1/25/18 at 9:30 AM before Judge Jack Zouhary (Court will initiate the call); no motions to be filed without prior Court approval. Judge Jack Zouhary on 12/13/17.(S,Na) (Entered: 12/13/2017)

RECAP
5 Jan. 11, 2018

Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Jack Zouhary on 1/11/2018. (D,L) (Entered: 01/11/2018)

RECAP
Jan. 11, 2018

Judge Jeffrey J. Helmick assigned to case. Judge Jack Zouhary terminated. (D,TM)

6 Jan. 16, 2018

Answer to 1 Complaint with Jury Demand filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 01/16/2018)

RECAP
7 March 20, 2018

Case Management Conference Scheduling Notice: conference to be held on 4/12/2018 at 9:00 AM in Chambers 210 before Judge Judge Jeffrey J. Helmick.(S,AL) (Additional attachment(s) added on 3/20/2018: # 1 Report of Parties Planning Meeting) (S,AL). (Entered: 03/20/2018)

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8 April 5, 2018

Report of Parties' Planning Meeting - filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 04/05/2018)

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9 April 16, 2018

Order of Case Management Conference held on 4/12/2018. Case is assigned to the standard track. Discovery due by 9/30/2018. Parties to be Joined and Pleading Amendments due by 7/1/2018. Telephone Conference set for 8/29/2018 at 10:00 AM before Judge Jeffrey J. Helmick. The Court will initiate the phone call. Judge Jeffrey J. Helmick on 4/16/2018. Time: 10 minutes(S,AL) (Entered: 04/16/2018)

RECAP
10 May 4, 2018

Notice of Service of Rule 26(a)(1)(A) Disclosures filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 05/04/2018)

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11 May 4, 2018

Notice of Service of Plaintiffs' Pretrial Disclosures Pursuant to Civ. R. 26(a)(I) filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 05/04/2018)

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12 June 18, 2018

Notice of Service of Defendants' First Set of Interrogatories, Requests for Production and Requests for Admission filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 06/18/2018)

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13 July 26, 2018

Address Change Notice by Teresa L. Grigsby and Jennifer McHugh filed by on behalf of City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 07/26/2018)

RECAP
14 Aug. 30, 2018

Order of Telephone Conference held on 8/29/2018. Discovery deadline of September 30, 2018, is vacated. The parties shall complete discovery by November 20, 2018. Judge Jeffrey J. Helmick on 8/30/2018. Time: 15 minutes (SG,D) (Entered: 08/30/2018)

RECAP
15 Sept. 7, 2018

Notice to take Deposition of Plaintiff, Jascha Chiaverini on October 5, 2018 at 9:30 a.m., filed by City of Napoleon. (Grigsby, Teresa) Modified party names on 9/10/2018 (D,TM). (Entered: 09/07/2018)

RECAP
Sept. 20, 2018

Notice [Non Document] of Telephone Conference (discovery dispute) set for 9/28/2018 at 03:30 PM before Judge Jeffrey J. Helmick. The Court will initiate the phone call. (S,AL)

16 Sept. 28, 2018

Amended Notice to take Deposition of Jascha Chiaverini on October 22, 2018 at 9:30 a.m. filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 09/28/2018)

RECAP
Sept. 28, 2018

Notice [non-document] of Telephonic discovery dispute set for 9/28/2018 at 3:30 PM is vacated and rescheduled for 10/1/2018 at 03:00 PM before Judge Jeffrey J. Helmick. The Court will initiate the call. (SG,D)

17 Oct. 3, 2018

Order of Telephone Conference held on 10/1/2018. Plaintiffs are ordered to produce the discovery at issue by 10/15/2018. Additionally, at the joint request of the parties, the discovery deadline is extended to 4/1/2019. Another Telephone Conference set for 2/6/2019 at 11:00 AM before Judge Jeffrey J. Helmick. The Court will initiate the call. Judge Jeffrey J. Helmick on 10/3/2018. Time: 15 minutes (SG,D) Modified on 10/3/2018 (SG,D). (Entered: 10/03/2018)

RECAP
18 Oct. 9, 2018

Second Amended Notice to take Deposition of Jascha Chiaverini on October 31, 2018 at 9:30 a.m. filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 10/09/2018)

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19 Oct. 24, 2018

WITHDRAWN per chambers request-20- Third Amended Notice to take Deposition of Plaintiff, Jascha Chiaverini on November 2, 2018 at 9:00 am filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) Modified correct date of deposition on 10/24/2018 at filer's request.(M,L). (Entered: 10/24/2018)

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20 Oct. 31, 2018

Notice of Withdrawal of Record Doc# 19; and Revised Notice of Deposition of Plaintiff for 11/9/2018 with Letter dated 10/30/2018 attached filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 10/31/2018)

RECAP
21 Nov. 6, 2018

Notice of Service of Defendants' Second Set of Request for Admissions, Interrogatories and Requests for Production Directed to Plaintiffs filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 11/06/2018)

RECAP
22 Nov. 6, 2018

Fourth Amended Notice to take Deposition of Jascha Chiaverini on November 29, 2018 at 9:00 a.m., filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 11/06/2018)

RECAP
23 Nov. 20, 2018

Notice to take Deposition of Thomas Manahan and Billy Harmon on November 29 and November 30, 2018 filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 11/20/2018)

RECAP
24 Nov. 26, 2018

Motion for protective order and Motion to Quash filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Exhibit A - Subpoena, # 2 Exhibit B - Email Exchange, # 3 Exhibit C - Email Exchange)(Grigsby, Teresa). AddedMotion to quash on 11/28/2018 (D,TM). (Entered: 11/26/2018)

RECAP
25 Nov. 28, 2018

Order granting defendants' motion for protective order and motion to quash. (Related Doc # 24 ) I vacate the notice to take the depositions of Thomas Manahan and Billy Harmon (Doc. No. 23) and quash the subpoena served on Billy Harmon. For upcoming depositions, counsel must coordinate closely to schedule depositions at dates mutually agreeable to one another. If counsel is unable to do so, they shall notify the court at once of the need for the court's intervention in scheduling. Judge Jeffrey J. Helmick on 11/28/2018.(S,AL) (Entered: 11/28/2018)

RECAP
26 Nov. 29, 2018

FILING ERROR-Incorrect Document uploaded- Attorney Appearance as co-counsel by George C. Rogers filed by on behalf of Chiaverini, Inc.. (Rogers, George) Modified on 12/3/2018 (D,TM). (Entered: 11/29/2018)

RECAP
27 Nov. 29, 2018

Motion to quash Defendants' Second Set of Discovery Requests of November 6, 2018 and Motion (Request) for Court to admonish Teresa Grigsby from any further Defamation of George C. Rogers and to curtail her abusive use of process with Memorandum in Support filed by Plaintiff Chiaverini, Inc.. (Attachments: # 1 Exhibit defendants second discovery, # 2 Exhibit buy car with photos, # 3 Exhibit hold letter with affidavit, # 4 Exhibit probable cause affidavit and money laundering complaint, # 5 Exhibit licensing complaint, # 6 Exhibit receiving stolen property complaint, # 7 Exhibit search warant, # 8 Exhibit arrest warrant, # 9 Exhibit second money laundering complaint date December 6, 2016, # 10 Exhibit certified copy of letter from department commerce regarding licensing, # 11 Exhibit Grigsby defamatory letter of October 30, 2018, # 12 Exhibit corporate documents regarding ownership 2001 and 2006) (Rogers, George) AddedMotion on 12/3/2018 (D,TM). (Entered: 11/29/2018)

RECAP
28 Dec. 3, 2018

Attorney Appearance by George C. Rogers as co-counsel filed by on behalf of Chiaverini, Inc.. (Rogers, George) (Entered: 12/03/2018)

RECAP
29 Dec. 3, 2018

Motion for extension of time until December 28, 2018 to file response/reply to 27 Motion to quash Defendants' Second Set of Discovery Requests of November 6, 2018 and Motion (Request) for Court to admonish Teresa Grigsby from any further Defamation of George C. Rogers and to curtail her abusive use of process filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. Related document(s) 27 . (Grigsby, Teresa) (Entered: 12/03/2018)

RECAP
30 Dec. 5, 2018

Motion to Appoint Special Process Server filed by Jascha Chiaverini. (Hutchinson, Matthew) (Entered: 12/05/2018)

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31 Dec. 5, 2018

First Amended Notice to take Deposition of Billy Harmon and Thomas Manahan on December 14, 2018 filed by on behalf of Jascha Chiaverini. (Hutchinson, Matthew) (Entered: 12/05/2018)

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32 Dec. 6, 2018

Marginal Entry Order granting the defendants' motion for an extension of time until 12/28/18 to file an opposition to the motion to quash and to admonish. 29 Judge Jeffrey J. Helmick on 12/6/2018.(S,AL) (Entered: 12/06/2018)

RECAP
33 Dec. 7, 2018

Marginal Entry Order granting the plaintiff's motion for an order to appoint a special process server. (Related Doc # 30 ). Judge Jeffrey J. Helmick on 12/7/2018.(S,AL) (Entered: 12/07/2018)

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34 Dec. 7, 2018

Certification of Plaintiff's Response to Defendants' Second Set of Interrogatories, Requests for Production and Requests for Admissions filed by Plaintiff. (Hutchinson, Matthew) (Entered: 12/07/2018)

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35 Dec. 12, 2018

Certification of First Set of Interrogatories, Requests for Production of Documents, and Request for Admissions upon Defendant, Nicholas Evanoff, on November 20, 2018 filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 12/12/2018)

RECAP
36 Dec. 12, 2018

Certification of First Set of Interrogatories, Requests for Production of Documents, and Requests for Admissions upon Defendant, Jaime Mendez, on December 11, 2018, 2018 filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 12/12/2018)

RECAP
37 Dec. 12, 2018

Certification of First Set of Interrogatories, Requests for Production of Documents, and Requests for Admissions upon Defendant, David Steward, on December 11, 2018, filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 12/12/2018)

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38 Dec. 13, 2018

Second Amended Notice to take Deposition of Thomas Manahan and Billy Harmon on December 14, 2018 filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 12/13/2018)

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39 Dec. 19, 2018

Motion to strike 35 Certification of Discovery filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Exhibit A - Email)(Grigsby, Teresa) (Entered: 12/19/2018)

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40 Dec. 19, 2018

Request for First extension of time until 2/11/2019 to respond to Plaintiffs' Three First Set of Interrogatories, Request for Production of Documents and Request for Admissions to Defendants' filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Exhibit Email re Steward, # 2 Exhibit Discovery Requests to Steward, # 3 Exhibit Email re Mendez, # 4 Exhibit Discovery Requests to Mendez, # 5 Exhibit Email re Evanoff, # 6 Exhibit Discovery Requests to Evanoff) (Grigsby, Teresa) (Entered: 12/19/2018)

RECAP
41 Dec. 19, 2018

Amended Certification of Plaintiff's Interrogatories, Request for Admissions and Production of Document to Nicholas Evanoff filed by All Plaintiffs. Related document(s) 35 .(Hutchinson, Matthew) (Entered: 12/19/2018)

RECAP
42 Dec. 21, 2018

Opposition to 27 Motion to quash Defendants' Second Set of Discovery Requests of November 6, 2018 and Motion (Request) for Court to admonish Teresa Grigsby from any further Defamation of George C. Rogers and to curtail her abusive use of process filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Exhibit A-Plaintiffs' Response to Defendants' Second Set of Discovery, # 2 Exhibit B-Decision, # 3 Exhibit C-Plaintiffs' Response to Defendants' 1st Set of Discovery, # 4 Exhibit D-Plaintiffs' Response to Defendants' 1st Set of Discovery, # 5 Exhibit E-Plaintiffs' Response to Defendants' 1st Set of of Discovery, # 6 Exhibit F-Transcript, # 7 Exhibit G-Emails, # 8 Exhibit H - Transcript)(Grigsby, Teresa) (Entered: 12/21/2018)

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43 Dec. 21, 2018

Motion for leave to File Amended Answer to Plaintiffs' Complaint filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Exhibit A-Amended Answer)(Grigsby, Teresa) (Entered: 12/21/2018)

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44 Jan. 2, 2019

Reply to Brief in Opposition to Motion to Quash and to Admonish filed by All Plaintiffs. Related document(s) 42 . (Hutchinson, Matthew) (Entered: 01/02/2019)

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45 Jan. 2, 2019

Response to 40 Request for First extension of time until 2/11/19 to respond to Plaintiffs' Three First Set of Interrogatories, Request for Production of Documents and Request for Admissions to Defendants' filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 01/02/2019)

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46 Jan. 2, 2019

Response to 43 Motion for leave to File Amended Answer to Plaintiffs' Complaint filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 01/02/2019)

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47 Jan. 2, 2019

Supplemental Reply Brief to Brief in Opposition to 27 Motion to quash Defendants' Second Set of Discovery Requests of November 6, 2018 and Motion (Request) for Court to admonish Teresa Grigsby from any further Defamation of George C. Rogers and to curtail her abusive use of process filed by Plaintiffs. Related Document(s) 42 (Attachments: # 1 Exhibit July 17, 2018 Email Correspondence)(Hutchinson, Matthew) (Entered: 01/02/2019)

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48 Jan. 7, 2019

Notice of Service of Discovery Responses and Objections filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 01/07/2019)

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49 Jan. 7, 2019

Motion to disqualify attorney/law firm George Rogers from Serving as an Attorney for Plaintiff with Memorandum in Support filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Exhibit A-Plaintiffs' Pretrial Discovery Disclosures Pursuant to Civ.R. 26(a)(I), # 2 Exhibit B-Rule 26(a)(1) (A) Disclosures of Defendants City of Napoleon, N Evanoff, D Steward, J Mendez and R Weitzel)(Grigsby, Teresa) (Entered: 01/07/2019)

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50 Jan. 7, 2019

Reply in support of 40 Request for First extension of time until 2/11/19 to respond to Plaintiffs' Three First Set of Interrogatories, Request for Production of Documents and Request for Admissions to Defendants' J Mendez, D Steward and N Evanoff filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 01/07/2019)

RECAP
Jan. 8, 2019

Notice [Non Document]: Pretrial Conference set for 1/11/2019 at 2:30 PM in Chambers 210 before Judge Jeffrey J. Helmick. Local counsel to attend in person. Out of town counsel may participate by phone. (S,AL)

51 Jan. 9, 2019

Reply in support of 43 Motion for leave to File Amended Answer to Plaintiffs' Complaint filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (McHugh, Jennifer) (Entered: 01/09/2019)

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52 Jan. 9, 2019

Notice of Filing Certified Transcript of Proceedings as Substitute for Doc. Record #42-8 filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Exhibit Certified Transcript of Proceedings)(McHugh, Jennifer-s/Theresa Grigsby) (Entered: 01/09/2019)

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53 Jan. 11, 2019

Order: The pretrial conference previously scheduled for today, 1/11/2019, is vacated. Another conference will be set in the very near future. In light of Plaintiffs' subsequently-filed Amended Certification (Doc. No. 41), the outstanding motion to strike Certification of Discovery (Doc. No. 35) is denied as moot. (Doc. No. 39). Defendants' motion for extension of time to respond to Plaintiffs' first set of interrogatories and requests for production is granted, over Plaintiffs' objection. (Doc. No. 40). I adopt the deadlines proposed in Defendants' reply in support of the motion for extension. (Doc. No. 50). Specifically, Defendants Steward and Mendez shall respond to Plaintiffs' interrogatories and requests for production by 2/11/2019; Defendant Evanoff shall do so by 3/11/2019. Should either Plaintiff wish to file a surreply to Defendants' motion to file an amended answer, they shall do so by 1/25/2019. re 40 39 35 . Judge Jeffrey J. Helmick on 1/11/2019. (SG,D) (Entered: 01/11/2019)

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Jan. 15, 2019

Notice [Non Document] of Telephone Conference set for 1/18/2019 at 2:00 PM before Judge Jeffrey J. Helmick. The Court will initiate the phone call. (S,AL)

Jan. 17, 2019

Notice [Non Document]: Telephone conference scheduled for January 18, 2019 vacated. Pretrial Conference set for 1/29/2019 at 10:30 AM in Chambers 210 before Judge Jeffrey J. Helmick. Local counsel to attend the pretrial in person; out of town counsel may participate by phone. Opposition to motion to disqualify (Doc. 49) to be filed, if desired, by 1/25/19. (S,AL)

54 Jan. 18, 2019

Motion for default judgment filed by Jascha Chiaverini, Chiaverini, Inc.. (Hutchinson, Matthew) (Entered: 01/18/2019)

RECAP
55 Jan. 22, 2019

Order: Plaintiff has failed to apply for default in accordance with Rule 55(a), therefore, his motion for default judgment (Doc. No. 54) is premature and is denied without prejudice. (Related Doc # 54 ) Judge Jeffrey J. Helmick on 1/22/2019.(S,AL) (Entered: 01/22/2019)

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56 Jan. 25, 2019

Memorandum of Plaintiff and George C. Rogers with Affidavit contra to 49 Motion to disqualify filed by Chiaverini, Inc.. (Attachments: # 1 Affidavit of George Rogers, # 2 Exhibit Motion to disqualify Rogers, # 3 Exhibit Judgment Entry RE Rogers, # 4 Exhibit Grigsby Notice of Appeal, # 5 Exhibit Email of December 7 2016, # 6 Exhibit HP PC Tower - Affidavit and Order, # 7 Exhibit Toshiba Laptop - Affidavit and Order, # 8 Exhibit Dell PC - Affidavit and Order) (Rogers, George) (Entered: 01/25/2019)

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57 Jan. 30, 2019

Order of Interim Pretrial Conference held on 1/29/2019. The motion to quash Defendants' second set of interrogatories and motion for admonishment filed by Plaintiff Chiaverini, Inc. is denied. (Doc. No. 27). Should Defendants wish to file a reply in support of the motion for disqualification, they shall do so by 2/8/2019. The deadline by which Defendants Steward and Mendez shall respond to Plaintiffs' interrogatories and requests for production is extended to 3/1/2019. The deadline by which Defendant Evanoff shall respond to Plaintiffs' interrogatories and requests for production is extended to 4/15/2019. The liability discovery deadline is extended to 7/1/2019. Discovery related to damages will be conducted after the issue of liability has been resolved. Accordingly, Plaintiffs shall timely provide Defendants a list of prospective witnesses who are anticipated to testify to the issue of damages alone. Another Telephone Status Conference set for 5/1/2019 at 10:00 AM before Judge Jeffrey J. Helmick. The Court will initiate the call. re 27 . Judge Jeffrey J. Helmick on 1/30/2019. Time: 30 minutes (SG,D) (Entered: 01/30/2019)

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58 Feb. 5, 2019

Reply Memorandum in support of 49 Motion to disqualify attorney/law firm George Rogers from serving as an Attorney for Plaintiff filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Exhibit 1-Judgment Entry) (Grigsby, Teresa) (Entered: 02/05/2019)

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59 Feb. 22, 2019

Notice of withdrawal of counsel George C. Rogers filed by Chiaverini, Inc.. Related document(s) 58, 56, 49 .(Rogers, George) (Entered: 02/22/2019)

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60 Feb. 22, 2019

Memorandum Opinion and Order: re 43 . Over Plaintiffs' objection, I conclude the proposed amendment here would not be futile. Therefore, in the interest of justice, Defendants' motion for leave to amend is granted. (Doc. No. 43). Judge Jeffrey J. Helmick on 2/22/2019. (SG,D) (Entered: 02/22/2019)

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61 Feb. 22, 2019

Order denying as moot Defendants' Motion to disqualify attorney/law firm George Rogers from Serving as an Attorney for Plaintiff. On 2/22/2019, George Rogers filed a notice of withdrawal. (Doc. No. 59). Accordingly, the motion to disqualify is denied as moot. (Doc. No. 49). Judge Jeffrey J. Helmick on 2/22/2019. (SG,D) (Entered: 02/22/2019)

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62 Feb. 22, 2019

Amended Answer to Complaint (Related Doc # 1 ) filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (McHugh, Jennifer) (Entered: 02/22/2019)

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63 Feb. 28, 2019

Notice of Service of Defendant David Steward's Responses and Objections to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents filed by David Steward. (Grigsby, Teresa) (Entered: 02/28/2019)

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64 Feb. 28, 2019

Notice of Service of Defendant Jamie Mendez's Responses and Objections to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents filed by Jamie Mendez. (Grigsby, Teresa) (Entered: 02/28/2019)

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65 March 28, 2019

Notice to take Deposition of Weitzel, Moll, Mendez, and Steward on April 23 and May 6, 2019 filed by All Plaintiffs. (Hutchinson, Matthew) (Entered: 03/28/2019)

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66 March 28, 2019

Notice of Amendment and Correction to Nicholas Evanoff's Responses and Objections to Plaintiffs' First Set of Requests for Admissions filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 03/28/2019)

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67 March 28, 2019

Notice of Service of Defendant Nicholas Evanoff's Responses and Objections to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Grigsby, Teresa) (Entered: 03/28/2019)

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68 April 16, 2019

Order: Pursuant to Local Rule 37.1, a Discovery Dispute Telephone Conference is set for 4/18/2019 at 03:00 PM before Judge Jeffrey J. Helmick. Counsel to call the bridge line 877-411-9748, access code 1231873. Judge Jeffrey J. Helmick on 4/16/2019. (SG,D) (Entered: 04/16/2019)

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69 April 19, 2019

Order of Telephone Conference held on 4/18/2019. Case referred to Magistrate Judge James R. Knepp, II for settlement conference to be conducted early in the month of June 2019. In the interim, all discovery is stayed, other than that which is mutually agreeable to the parties. Judge Jeffrey J. Helmick on 4/19/2019. Time: 20 minutes (SG,D) (Entered: 04/19/2019)

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70 April 22, 2019

Order. Settlement Conference set for 6/10/2019 at 10:00 AM in Chambers 318 before Magistrate Judge James R. Knepp II. Ex parte settlement statements shall be submitted by email to Knepp_chambers@ohnd.uscourts.gov by 6/5/2019. Magistrate Judge James R. Knepp, II on 4/22/2019. (S,JM) (Entered: 04/22/2019)

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April 29, 2019

Notice [Non Document]: Telephone conference scheduled for 5/1/2019 vacated. (S,AL)

June 10, 2019

Minutes of Settlement Conference [non-document] held on 6/10/2019 before Magistrate Judge James R. Knepp II. Plaintiff appeared with attorney Matthew O. Hutchinson; Defendants Steward, Mendez, and Weitzel appeared with attorney Teresa L. Grigsby, Billy Harmon, and Matt Gilmore. Case not settled. Settlement negotiations continue through 6/18/2019. Time: 4.5 hours. (S,JM)

July 1, 2019

Notice [Non Document]: Telephone Conference set for 7/18/2019 at 3:30 PM before Judge Jeffrey J. Helmick. The Court will initiate the phone call. (S,AL)

71 July 19, 2019

Order of Telephone Conference held on 7/18/2019. Liability Discovery due by 12/31/2019. Discovery related to potential damages shall be stayed until after the resolution of any dispositive motions. Dispositive Motions due by 1/27/2020; Briefs in opposition shall be filed no later than 3/2/2020, and briefs in reply shall be filed no later than 3/16/2020. Judge Jeffrey J. Helmick on 7/19/2019. Time: 10 minutes (SG,D) (Entered: 07/19/2019)

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72 Sept. 5, 2019

Notice to take Deposition of Robert Weitzel, Rebecca Evanoff, Star Pawn Corp Representatives, Jamie Mendez, David Steward, Chad Moll, Matthew Walker, and Nicholas Evanoff on various dates filed by Plaintiffs. (Hutchinson, Matthew) Modified text on 9/10/2019 (D,TM). (Entered: 09/05/2019)

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73 Sept. 23, 2019

Notice of Entry of Appearance of Michael H. Stahl and William Stephenson filed by on behalf of All Plaintiffs. (Stahl, Michael) (Entered: 09/23/2019)

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Sept. 24, 2019

Notice of failure to register for CM/ECF. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Non-compliant attorney: William V. Stephenson. (D,TM)

Sept. 24, 2019

Minutes of proceedings [non-document] before Judge Jeffrey J. Helmick. Discovery Telephone Conference held on 9/24/2019. Time: 30 minutes. (S,AL)

Oct. 17, 2019

Notice [Non-document]: Telephone Conference (discovery dispute) set for 10/21/2019 at 10:30 AM before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877-411-9748, access code 1231873. (S,AL)

74 Oct. 18, 2019

Motion for sanctions and Supporting Memorandum filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Affidavit Alicia Hill, # 2 Affidavit Michael Wick)(Grigsby, Teresa) (Entered: 10/18/2019)

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75 Oct. 23, 2019

Order of Telephone Conference held on 10/21/2019. Briefing schedule for the pending motion for sanctions filed by Defendants: Plaintiff shall oppose this pending motion by October 25, 2019. Should Defendants wish to file a reply, they shall do so by November 8, 2019. Time: 30 minutes. Judge Jeffrey J. Helmick on 10/23/2019. (S,AL) (Entered: 10/23/2019)

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76 Oct. 25, 2019

Response to 74 Motion for sanctions and Supporting Memorandum filed by All Plaintiffs. (Attachments: # 1 Exhibits 1-2: Police reports; Exhibit 3: Emails; Exhibit 4: Napoleon Police Department Procedures Manual)(Hutchinson, Matthew) Modified text on 10/28/2019 (R,Ke). (Entered: 10/25/2019)

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77 Oct. 29, 2019

Amended Notice to take Deposition of Robert Weitzel, Jamie Mendez, David Steward, Chad Moll, Nicholas Evanoff on September 27, October 14, October 30, and November 19, 2019 filed by All Plaintiffs. Related document(s) 72 .(Hutchinson, Matthew) (Entered: 10/29/2019)

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78 Nov. 8, 2019

Reply in support of 74 Motion for sanctions and Supporting Memorandum filed by City of Napoleon, Nicholas Evanoff, Jamie Mendez, David Steward, Robert Weitzel. (Attachments: # 1 Exhibit A-Letter, # 2 Exhibit B-City Council Meeting Minutes)(Grigsby, Teresa) (Entered: 11/08/2019)

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79 Dec. 2, 2019

Amended Notice to take Deposition of Officers Jamie Mendez and David Steward on December 5, 2019 filed by All Plaintiffs. Related document(s) 72, 77 .(Hutchinson, Matthew) (Entered: 12/02/2019)

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80 Dec. 10, 2019

Notice of Service of Defendant City of Napoleon's Responses and Objections to Plaintiffs' First Set of Requests for Admissions filed by City of Napoleon. (McHugh, Jennifer) (Entered: 12/10/2019)

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81 Dec. 10, 2019

Motion for extension of time until February 1, 2020 to Answer, Respond and Object to Plaintiff's First Set of Interrogatories and Requests for Production of Documents Directed to this Defendant filed by Defendant City of Napoleon. (McHugh, Jennifer) (Entered: 12/10/2019)

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82 Dec. 19, 2019

Response to 81 Motion for extension of time until February 1, 2020 to Answer, Respond and Object to Plaintiff's First Set of Interrogatories and Requests for Production of Documents Directed to this Defendant filed by Jascha Chiaverini, Chiaverini, Inc. (Attachments: # 1 Proposed Order)(Hutchinson, Matthew) (Entered: 12/19/2019)

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83 Dec. 20, 2019

Reply in support of 81 Motion for extension of time until February 1, 2020 to Answer, Respond and Object to Plaintiff's First Set of Interrogatories and Requests for Production of Documents Directed to this Defendant filed by City of Napoleon. (McHugh, Jennifer) (Entered: 12/20/2019)

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84 Dec. 20, 2019

Order: The City of Napoleon shall answer, respond, and object to these interrogatories and requests as soon as practicable, but no later than February 1, 2020. 81 Judge Jeffrey J. Helmick on 12/20/2019.(S,AL) (Entered: 12/20/2019)

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Jan. 10, 2020

IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)

85 Jan. 17, 2020

Notice of Service of City of Napoleon's Responses and Objections to Plaintiffs' First Set of Interrogatories and Requests for Production filed by City of Napoleon. (Grigsby, Teresa) (Entered: 01/17/2020)

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Case Details

State / Territory:

Ohio

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 16, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Jewelry store owner in Napoleon, OH.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Napoleon

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

Northern District of Ohio 3:17-cv-02527

U.S. Court of Appeals for the Sixth Circuit 21-03996

Ohio state trial court 17CV0126

Supreme Court of the United States 23-50

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Source of Relief:

Litigation

Issues

Policing:

False arrest

Recommended Citation