Mayse v. Ferro Corporation et al
| James Mayse |
| Harold Pruett, Cynthia Vance and Ferro Corporation |
| 1:2013cv02552 |
| November 18, 2013 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A Gaughan |
| Labor: Other |
| 29 U.S.C. § 185 |
| Plaintiff |
Docket Report
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| Filing 44 True copy of order from the USCA for the Sixth Circuit: Dismissing the appeal upon motion for voluntary dismissal re #42 (USCA# 15-3114). Date issued by USCA 5/26/15 (H,SP) |
| Filing 43 Acknowledgment from the USCA for Sixth Circuit of receipt of #42 Notice of Appeal (USCA# 15-3114). Date filed in USCA 2/11/15. (H,SP) |
| Filing 42 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #36 Memorandum Opinion and Order and #37 Judgment Entry of 12/8/14, filed by James Mayse. Filing fee not paid. (H,SP) |
| Filing 41 FILING ERROR, WRONG EVENT USED. SEE ENTRY #42 . Notice of Appeal filed by James Mayse (Spitz, Brian). Modified on 2/9/2015 for error message (H,SP). |
Order [non-document]: Plaintiff's Motion for Extension of Time to File Notice of Appeal is Granted for 30 days. Judge Patricia A. Gaughan on 1/12/15. (LC,S) re #40
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| Filing 40 Motion for extension of time until February 6, 2015 to Motion for Extension of Time to File Notice of Appeal filed by Plaintiff James Mayse. (Wilson, Kelly) |
| Filing 39 Costs Taxed against defendant in the amount of $2915.60. Geri M. Smith, Clerk by K. Copeland, Deputy Clerk. Related document(s) #38 . (C,KA) |
| Filing 38 Bill of costs filed by All Defendants. (Attachments: #1 Exhibit Declaration of Todd H. Lebowitz with Exhibits)Related document(s) #37 .(Lebowitz, Todd) |
| Filing 37 Judgment Entry: This Court, having issued its Memorandum of Opinion and Order granting defendants' Motion for Summary Judgment (Doc. #25 ), hereby enters judgment for defendants. Judge Patricia A. Gaughan on 12/8/14. (LC,S) re #36 |
| Filing 36 Memorandum Opinion and Order: Defendants' Motion for Summary Judgment is Granted. Judge Patricia A. Gaughan on 12//8/14. (LC,S) re #25 |
| Filing 35 Marginal Entry Order: Plaintiff's Motion to Dismiss Counts II and VI of Plaintiff's Complaint Pursuant to Civ. R. 41 (A) (2) is GRANTED. Judge Patricia A. Gaughan on 11/24/14. (LC,S) (Related Doc #32 ) |
| Filing 34 Supplement Index to Exhibits Adding Exhibit E to #33 Reply filed by All Defendants. (Attachments: #1 Exhibit E - Second Declaration of Erin Van Natter)(Lebowitz, Todd) Modified text 11/18/2014 (C,KA). |
| Filing 33 Reply to response to #25 Motion for summary judgment , filed by All Defendants. (Attachments: #1Index to Exhibits #2 Exhibit A - Excerpts from James Mayse Deposition Transcript, #3 Exhibit B - Exhibit 12 from James Mayse Deposition, #4 Exhibit C - Excerpts from Cynthia Vance Deposition Transcript, #5 Exhibit D - Excerpts from Erin Van Natter Deposition Transcript)(Lebowitz, Todd) Modified text 11/18/2014 (C,KA). |
| Filing 32 Motion to dismiss count II and VI of Plaintiff's Complaint Pursuant to Civ. R. 41 (A) (2) filed by Plaintiff James Mayse. (Wilson, Kelly) Modified text 11/18/2014 (C,KA). |
| Filing 31 Notice of Filing Full and Complete Deposition Transcript of James Mayse filed by James Mayse. (Attachments: #1 Exhibit Deposition Transcript of James Mayse)(Spitz, Brian) |
| Filing 30 Reply to response to #25 Motion for summary judgment filed by James Mayse. (Attachments: #1 Exhibit Affidavit of James Mayse, #2 Exhibit Safety Policy, #3 Exhibit Safety Policy July 1992, #4 Exhibit Training Policies Power Point, #5 Exhibit Workers Comp Doctors Report, #6 Exhibit Harold Pruett email of 9.7.12, #7 Exhibit Harold Pruett email 9.4.12, #8 Exhibit Safety Policy New 1119, #9 Exhibit Safety Policy New 1110, #10 Exhibit Safety Policy New JSA, #11 Exhibit Harold Pruett email 10.12, #12 Exhibit Cynthia Vance letter, #13 Exhibit Training sign in 11.12, #14 Exhibit Training sign in 1.13, #15 Exhibit Incident Report, #16 Exhibit Tschantz Declaration, #17 Exhibit Pruett email 4.13, #18 Exhibit Grievance, #19 Exhibit Defendants Answer, #20 Exhibit Workers Comp payout)(Spitz, Brian) |
| Filing 29 Notice of Filing Deposition Transcripts of Harold Pruett, Cynthia Vance and Erin Van Natter filed by James Mayse. (Attachments: #1 Exhibit Deposition Transcript of Harold Pruett, #2 Exhibit Deposition Transcript of Cynthia Vance, #3 Exhibit Deposition Transcript of Erin Van Natter)(Spitz, Brian) |
| Filing 28 Notice of Service (re-service) of Defendants' Notice of Manual Filing of CD Containing Cell Phone Video filed by All Defendants. (Attachments: #1 Exhibit 1 - Envelope with USPS Return Information)Related document(s) #26 , 27 .(Lebowitz, Todd) |
| Filing 27 Cell Phone Video on ( 1 CD in brown envelope on file in Clerk's Office) filed by Ferro Corporation, Harold Pruett, Cynthia Vance. Related document(s) #26 .(E,P) Modified text on 10/3/2014 (E,P). |
| Filing 26 Notice of Manual Filing of CD Containing Cell Phone Video filed by All Defendants. (Lebowitz, Todd) |
| Filing 25 Motion for summary judgment filed by Ferro Corporation, Harold Pruett, Cynthia Vance. (Attachments: #1 Brief in Support Defendants' Memorandum in Support of Their Motion for Summary Judgment, #2 Index Index to Exhibits in Memorandum in Support of Defendants' Motion for Summary Judgment, #3 Exhibit A - James Mayse Deposition, Cite Excerpts and Deposition Exhibits, #4 Exhibit B - Curtiss Tschantz Declaration, #5 Exhibit C - Cynthia Vance Declaration, #6 Exhibit D - Notice of Manual Filing (Mayse Cell Phone Video), #7 Exhibit E - Erin Van Natter Declaration, #8 Exhibit F - Plaintiff's Responses to Defendants' Written Discovery Requests, #9 Exhibit G - Unreported Cases)(Lebowitz, Todd) |
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Order [non-document]: Defendant's Opposition to Plaintiff's Motion to Compel Discovery and Defendants' Motion for Recover Attorneys' Fees Under Rule 37(A)(5)(B) and Other Authority is Denied. The Court issued its order on 9/19/14, prior to the filing of the brief in opposition. Judge Patricia A. Gaughan on 9/23/14. (LC,S)
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| Filing 23 Opposition to #22 Motion to compel discovery and Defendants' Motion for Recover Attorneys' Fees Under Rule 37(A)(5)(B) and Other Authority filed by All Defendants. (Attachments: #1 Exhibit 1 - Lebowitz Declaration)(Lebowitz, Todd) |
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Filing 24
Order: This matter is before the Court upon plaintiff's motion to compel (Doc. #22 ). According to plaintiff, this request constitutes a request to supplement, even though plaintiff acknowledges that he is seeking the materials as a result of the testimony provided in the September 5th depositions. The discovery cutoff in this case was July 23, 2014. Pursuant to Local Rule 37.1, any discovery dispute must be brought to the attention of the Court within ten days of the discovery cutoff. This motion was filed far outside of this ten-day period. As such, the motion is DENIED. Judge Patricia A. Gaughan on 9/19/14. (Related Doc #22 ) (LC,S)
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| Filing 22 Motion to compel discovery filed by Plaintiff James Mayse. (Attachments: #1 Brief in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Spitz, Brian s/Kelly Wilson) Modified text/notified counsel of incorrect signature) 9/19/2014 (C,KA). |
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Order [non-document]: After conferring with counsel in chambers, Plaintiff's motion for reconsideration of the Order denying Plaintiff's extension of time to conduct discovery is granted. The two depositions will be taken on 9/5/14 at 9:00 a.m. Combined the testimony is not to exceed four hours. Judge Patricia A. Gaughan on 8/28/14. Related Doc #19 (LC,S)
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| Minutes/Order [non-document]: Settlement Conference was held. Dispositive motion deadline is extended to 10/6/14. Settlement Conference is set 1/12/15 at 1:30 p.m. Judge Patricia A. Gaughan on 8/28/14. (LC,S) Time: 1 hr. |
| Filing 21 Notice to take Deposition of Cynthia Vance and Harold Pruett on September 5, 2014 filed by James Mayse. (Spitz, Brian) |
| Filing 20 Opposition to #19 Motion for reconsideration filed by All Defendants. (Attachments: #1 Exhibit Hacket v. Joshen Journal Entry)(Lebowitz, Todd) |
| Filing 19 Motion for reconsideration filed by Plaintiff James Mayse. (Attachments: #1 Exhibit Deposition Notice, #2 Exhibit Deposition Notice, #3 Exhibit Deposition Notice, #4 Exhibit Deposition Notice)(Spitz, Brian) |
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Order [non-document] Plaintiff's Motion for Extension of Time to Conduct Discovery is DENIED. The Court is provided with no explanation whatsoever as to why lead counsel Brian Spitz did not communicate with defense counsel for two weeks after abruptly leaving the deposition. The Court had previously indicated there would be no further extensions. #16 Judge Patricia A. Gaughan on 8/11/14.(D,Ma)
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| Filing 18 Reply to response to #16 Motion for extension of Discovery until August 22, 2014 filed by All Plaintiffs. (Spitz, Brian s/Kelly Wilson) Modified on 8/1/2014 (C,KA). |
| Filing 17 Response to Plaintiff's Motion #16 for Extension of Discovery filed by All Defendants. (Attachments: #1 Exhibit 1 - Spitz OH Complaints 7/9 through 7/21, 2014, #2 Exhibit 2 - Order on Joint Stipulated Motion for Extension)(Lebowitz, Todd) Modified text 7/25/2014 (C,KA). |
| Filing 16 Motion for extension of Discovery until August 22, 2014 filed by Plaintiff James Mayse. (Spitz, Brian) |
| Filing 15 Protective Order. Judge Patricia A. Gaughan on 5/15/14. (LC,S) re #14 |
| Filing 14 Proposed Order - Stipulated Protective Order filed by All Defendants. (Lebowitz, Todd) |
| Filing 13 Notice to take Deposition of Harold Pruitt, Cynthia Vance and Erin Van Natter on July 8, 2014 filed by James Mayse. (Spitz, Brian) |
| Filing 12 Attorney Appearance of Kelly L. Wilson by Brian D. Spitz filed by on behalf of James Mayse. (Spitz, Brian) Modified text 5/6/2014 (C,KA). |
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Order [non-document]: Joint Stipulated Motion for Extension of Time to Conduct Discovery is GRANTED. However, there will be no further extensions. Non-Expert Discovery deadline is 7/23/14; Expert reports on the issue of damages exchanged Party Burden of Proof 8/30/14; Rebuttal - 9/30/14; Expert discovery deadline 11/01/14; Dispositive motions deadline 9/01/14. Settlement Conference is set 8/28/14 at 9:30 a.m. Judge Patricia A. Gaughan on 4/16/14. (LC,S) re #11
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| Filing 11 Motion for extension of Discovery until July 22, 2014 filed by Plaintiff James Mayse. (Spitz, Brian) |
| Filing 10 Case Management Order: Case Management Conference was held on 1/24/14. Case is assigned to the standard track. Case is not suitable for ADR at this time by may be after discovery. Non-expert discovery shall be completed on or before 5/23/14. Expert reports shall be exchanged on or before 6/30/14 for party with burden of proof & 7/30/14 for Rebuttal and Expert Discovery shall be completed on or before 9/1/14. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 2/10/14. Dispositive Motions shall be filed on or before 7/1/14. Settlement Conference is set for 5/29/14 at 9:30 AM. Parties and lead counsel must appear in person unless otherwise ordered by the Court. Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within two business days of the conference, jointly or individually, a brief written Status Report describing the status of discovery, settlement positions, and issues to be addressed. The Status Report need not be filed, but may be delivered via e-mail, fax, or mail. Judge Patricia A. Gaughan on 1/24/14. (LC,S) Time: 30 mins. |
| Filing 9 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Lebowitz, Todd) |
| Filing 8 Initial Disclosures filed by James Mayse. (Spitz, Brian) |
| Filing 7 Defendants' Answer to Complaint filed by Ferro Corporation, Harold Pruett, Cynthia Vance. (Lebowitz, Todd) |
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Filing 6
Case Management Conference Scheduling Order with case management conference set on 1/24/2014 at 9:15 a.m. to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 12/04/13. (D,Ma)
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Order [non-document]: Motion to Withdraw Andrew S. Haring as Counsel of Record for Plaintiff is Granted. Judge Patricia A. Gaughan on 12/3/13. (LC,S) (Related Doc #5 )
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| Filing 5 Motion by Andrew S. Haring to withdraw as attorney filed by Plaintiff James Mayse. (Spitz, Brian) |
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Order [non-document]: Defendants' Unopposed Motion for Extension of Time to Answer, Move or Otherwise Plead is Granted to 12/24/13. Judge Patricia A. Gaughan on 11/25/13. (LC,S) re #4
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| Filing 4 Unopposed Motion for extension of time until 12/24/2013 to answer , move or otherwise plead filed by Ferro Corporation, Harold Pruett, Cynthia Vance. (Lebowitz, Todd) |
| Filing 3 Magistrate Consent Form issued. (C,BA) |
| Judge Patricia A. Gaughan assigned to case. (C,BA) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Vecchiarelli. (C,BA) |
| Filing 2 Corporate Disclosure Statement filed by Ferro Corporation. (Lebowitz, Todd) |
| Filing 1 Notice of Removal from Cuyahoga County Common Pleas, case number CV 13 815425 with jury demand, Filing fee $ 400, receipt number 0647-6282105.. Filed by Cynthia Vance, Harold Pruett, Ferro Corporation. (Attachments: #1 Exhibit 1 - State Court Complaint, Summons, #2 Exhibit 2 - CBA, #3 Exhibit 3 - Medlen v. Estate of Myles Meyers, #4 Exhibit 4 - LeMaster v. Anchor Hocking LLC, #5 Civil Cover Sheet) (Lebowitz, Todd) |
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