Walls et al v. HMSHost Corporation et al
| Walls, Joseph Walls, Dawn Stiger, David Hill and Melinda Sexton |
| HMSHost Corporation, Host International, Inc., Host Services of New York, Inc. and HMS Host Tollroads, Inc. |
| 1:2015cv00564 |
| March 23, 2015 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| James S Gwin |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2015. A more recent docket listing may be available from PACER.
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Filing 42
Marginal Entry Order signed by Judge James S. Gwin on 12/7/15 approving the parties' dismissal with prejudice. (Related Doc. #41 ) (D,MA)
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| Filing 41 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by All Plaintiffs. (Legando, Drew) |
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Filing 40
Opinion and Order signed by Judge James S. Gwin on 11/24/15 denying defendants' motion to sever plaintiffs' claims into separate trials. (Related Doc. #38 ) (W,M)
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| Filing 39 Opposition to #38 Motion to sever plaintiffs' claims into separate trials filed by David Hill, Melinda Sexton, Dawn Stiger, Joseph Walls. (Reed, Michael) |
| Filing 38 Motion to sever plaintiffs' claims into separate trials filed by HMS Host Tollroads, Inc., HMSHost Corporation, Host International, Inc., Host Services of New York, Inc.. (Attachments: #1 Brief in Support Memorandum of Law, #2 Exhibit Exhibit A -- Stevens complaint, #3 Exhibit Exhibit B -- Stevens conditional certification order, #4 Exhibit Exhibit C -- Stevens decertification order)(Vlasek, Jeffrey) |
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Filing 37
Opinion and Order signed by Judge James S. Gwin on 10/7/15 denying defendant's motions for summary judgment as to all plaintiffs. (Related Docs. #24 , #25 , #26 , and #27 ) (W,M)
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| Filing 36 Reply in support of #27 Motion for summary judgment on Plaintiff Sexton filed by HMS Host Tollroads, Inc., Host International, Inc.. (Vlasek, Jeffrey) |
| Filing 35 Reply in support of #25 Motion for summary judgment on Plaintiff Stiger filed by HMS Host Tollroads, Inc., Host International, Inc.. (Vlasek, Jeffrey) |
| Filing 34 Reply in support of #26 Motion for summary judgment on Plaintiff Hill filed by HMS Host Tollroads, Inc., Host International, Inc.. (Vlasek, Jeffrey) |
| Filing 33 Reply in support of #24 Motion for summary judgment on Plaintiff Walls filed by HMS Host Tollroads, Inc., Host International, Inc.. (Attachments: #1 Exhibit A - PowerPoint Page 2)(Vlasek, Jeffrey) Modified text on 9/14/2015 (R,Sh). |
| Filing 32 Opposition to #26 Motion for summary judgment on Plaintiff Hill filed by David Hill, Melinda Sexton, Dawn Stiger, Joseph Walls. (Attachments: #1 Affidavit Declaration of Seth R. Lesser, #2 Exhibit A HMS Host Power Point Presentation, #3 Exhibit B Liles v. Host International, Inc., Order, #4 Exhibit C Boden v. HMSHOST Corp., Order, #5 Exhibit D (Part 1 of 2) Deposition Transcript of David Hill, #6 Exhibit D (Part 2 of 2) Deposition Transcript of David Hill, #7 Exhibit E (Part 1 of 2) Deposition Transcript of Coleman Lauterbach, #8 Exhibit E (Part 2 of 2)Deposition Transcript of Coleman Lauterbach, #9 Exhibit Dorvil v. Host International, Inc., Order)(Lesser, Seth) |
| Filing 31 Opposition to #25 Motion for summary judgment on Plaintiff Stiger, #24 Motion for summary judgment on Plaintiff Walls, #27 Motion for summary judgment on Plaintiff Sexton filed by David Hill, Melinda Sexton, Dawn Stiger, Joseph Walls. (Attachments: #1 Affidavit Declaration of Seth R. Lesser, #2 Exhibit A HMS Host Power Point Presentation, #3 Exhibit B Liles v. Host International, Inc., Order, #4 Exhibit C Boden v. HMSHOST Corp., Order, #5 Exhibit D (Part 1 of 3)Deposition Transcript of Dawn Stiger, #6 Exhibit D (Part 2 of 3) Deposition Transcript of Dawn Stiger, #7 Exhibit D (Part 3 of 3) Deposition Transcript of Dawn Stiger, #8 Exhibit E (Part 1 of 4) Deposition Transcript of Joseph Walls (Walls I), #9 Exhibit E (Part 2 of 4) Deposition Transcript of Joseph Walls (Walls I), #10 Exhibit E (Part 3 of 4) Deposition Transcript of Joseph Walls (Walls I), #11 Exhibit E (Part 4 of 4) Deposition Transcript of Joseph Walls (Walls I), #12 Exhibit F Deposition Transcript of Joseph Walls (Walls II), #13 Exhibit G (Part 1 of 3) Deposition Transcript of Melinda Sexton, #14 Exhibit G (Part 2 of 3) Deposition Transcript of Melinda Sexton, #15 Exhibit G (Part 3 of 3) Deposition Transcript of Melinda Sexton, #16 Exhibit H (Part 1 of 2) Deposition Transcript of Coleman Lauternack, #17 Exhibit H (Part 2 of 2)Deposition Transcript of Coleman Lauternack, #18 Exhibit I Dorvil v. Host International, Inc., Order, #19 Exhibit J Dorvil SJ Motion)(Lesser, Seth) |
| Filing 30 FILING ERROR- Exhibits not described as required by Order, re #7 , filer notified to refile. Opposition to #25 Motion for summary judgment on Plaintiff Stiger, #24 Motion for summary judgment on Plaintiff Walls, #27 Motion for summary judgment on Plaintiff Sexton filed by David Hill, Melinda Sexton, Dawn Stiger, Joseph Walls. (Attachments: #1 Affidavit Declaration of Seth R. Lesser, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (Part 1 of 3), #6 Exhibit D (Part 2 of 3), #7 Exhibit D (Part 3 of 3), #8 Exhibit E (Part 1 of 4), #9 Exhibit E (Part 2 of 4), #10 Exhibit E (Part 3 of 4), #11 Exhibit E (Part 4 of 4), #12 Exhibit F, #13 Exhibit G (Part 1 of 3), #14 Exhibit G (Part 2 of 3), #15 Exhibit G (Part 3 of 3), #16 Exhibit H (Part 1 of 2), #17 Exhibit H (Part 2 of 2), #18 Exhibit I, #19 Exhibit J)(Lesser, Seth) Modified text on 9/9/2015 (R,Sh). |
| Filing 29 FILING ERROR- exhibits not described per Order, re #7 , filer notfied to refile Opposition to #26 Motion for summary judgment on Plaintiff Hill filed by David Hill, Melinda Sexton, Dawn Stiger, Joseph Walls. (Attachments: #1 Affidavit Declaration of Seth R. Lesser, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (Part 1 of 2), #6 Exhibit D (Part 2 of 2), #7 Exhibit E (Part 1 of 2), #8 Exhibit E (Part 2 of 2), #9 Exhibit F)(Lesser, Seth) Modified text on 9/9/2015 (R,Sh). |
| Filing 28 Notice of Filing Corrected Exhibit C filed by HMS Host Tollroads, Inc., Host International, Inc.. (Attachments: #1 Affidavit Exhibit C - Declaration of Saba Sefefe)Related document(s) #26 .(Vlasek, Jeffrey) |
| Filing 27 Motion for summary judgment on Plaintiff Sexton filed by HMS Host Tollroads, Inc., Host International, Inc.. (Attachments: #1 Brief in Support of Summary Judgment on Plaintiff Sexton, #2 Exhibit Exhibit A - Sexton Deposition Transcript and Exhibits)(Vlasek, Jeffrey) |
| Filing 26 Motion for summary judgment on Plaintiff Hill filed by HMS Host Tollroads, Inc., Host International, Inc.. (Attachments: #1 Brief in Support of Summary Judgment on Plaintiff Hill, #2 Exhibit Exhibit A - Decertification Order, #3 Exhibit Exhibt B - Opt-In Notice, #4 Exhibit Exhibit C - Sefefe Declaration, #5 Exhibit Exhibit D - Hill Deposition Transcript and Exhibits, #6 Exhibit Exhibit E - Deposition Transcript of Colamen Lauterbach)(Vlasek, Jeffrey) |
| Filing 25 Motion for summary judgment on Plaintiff Stiger filed by HMS Host Tollroads, Inc., Host International, Inc.. (Attachments: #1 Brief in Support of Summary Judgment on Plaintiff Stiger, #2 Exhibit Exhibit A - Stiger Deposition Transcript and Exhibits, #3 Exhibit Exhibit B - Declaration of Chris Near)(Vlasek, Jeffrey) |
| Filing 24 Motion for summary judgment on Plaintiff Walls filed by HMS Host Tollroads, Inc., Host International, Inc.. (Attachments: #1 Brief in Support Memorandum in Support of Motion for Summary Judgment on Plaintiff Walls, #2 Exhibit Exhibit A - Walls 2014 Deposition and Exhibits, #3 Exhibit Exhibit B - Walls 2015 Deposition and Exhibits)(Vlasek, Jeffrey) |
| Filing 23 Minutes of status conference before Judge James S. Gwin on 8/14/15. (Court Reporter: none; Time: 13 min.) (M,G) |
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Filing 22
Marginal Entry Order signed by Judge James S. Gwin on 8/12/15 granting the joint motion to convert the status conference to a telephone status conference for lead counsel only. Counsel will be provided with the Court's contact information via email. The status conference will now be held at 8:30 a.m., on 8/14/15. (Related Doc. #21 ) (M,G)
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| Filing 21 Joint Motion to Convert August 14, 2015 Status Conference into an Attorney Telephone Conference filed by David Hill, Melinda Sexton, Dawn Stiger, Joseph Walls. (Legando, Drew) Modified text on 8/12/2015 (R,Sh). |
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Filing 20
Opinion and Order signed by Judge James S. Gwin on 8/4/15. The Court denies defendants' motion to sever and dismiss plaintiffs' claims as improperly joined. (Related Doc. #5 ) (M,G)
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| Filing 19 Answer to #18 Amended complaint, filed by HMS Host Tollroads, Inc., Host International, Inc.. (Vlasek, Jeffrey) |
| Filing 18 Amended complaint with jury demand against Host International, Inc., HMS Host Tollroads, Inc. and adding new party defendant(s) HMS HOST TOLLROADS, INC. filed by Joseph Walls, Melinda Sexton, David Hill, Dawn Stiger. (Landskroner, Jack) Modified text on 6/5/2015 (H,KR). |
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Filing 17
Order signed by James S. Gwin on 5/22/15 that plaintiffs identify experts by 6/22/15 and defendants shall make identification by 7/6/15. (M,G)
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Filing 16
Case Management Conference Plan/Order signed by Judge James S. Gwin on 5/22/15. Case assigned to the Standard Track. Parties to be joined and pleadings amended by 6/5/15. Preliminary discovery due by 8/10/15. Dispositive motions to be filed by 8/24/15 with responses due 9/7/15 and replies due 9/12/15. All discovery due by 12/1/15. Status conference set for 8/14/15 at 12:00 noon and final pretrial conference set for 12/8/15 at 12:00 noon, both in Chambers 18A (Cleveland). Jury trial is assigned on a two-week standby basis beginning 12/14/15 at 8:00 a.m., Courtroom 18A (Cleveland). Deposition time limit of 20 hours per side imposed. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (M,G)
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| Filing 15 Anticipated Fees and costs filed by all plaintiffs. (Legando, Drew) Modified text on 5/27/2015 (S,HR). |
| Filing 14 Minutes of case management conference before Judge James S. Gwin on 5/21/15. (Court Reporter: none; Time: 34 min.) (M,G) |
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Order [non-document] entered by Judge James S. Gwin on 5/20/15 granting the motions for admission pro hac vice of Attorney Seth R. Lesser and Attorney Michael H. Reed on behalf of plaintiffs. 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. (Related Docs. #9 , #10 ) (M,G)
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| Filing 13 Reply in support of #5 Motion to sever and to dismiss for misjoinder filed by all defendants. (Vlasek, Jeffrey) Modified text on 5/20/2015 (S,HR). |
| Filing 12 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Legando, Drew) |
| Filing 11 Opposition to Defendant's #5 Motion to Sever filed by All Plaintiffs. (Attachments: #1 Affidavit Declaration of Seth R. Lesser, #2 Exhibit A, Lauterbach Transcript Excerpts)(Legando, Drew) Modified text on 5/19/2015 (M,TL). |
| Filing 10 Motion for attorney Michael H. Reed to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7093886, filed by David Hill, Melinda Sexton, Dawn Stiger, Joseph Walls. (Attachments: #1 Affidavit of Michael H. Reed)(Legando, Drew) Modified description of attachment on 5/19/2015 (M,TL). |
| Filing 9 Motion for attorney Seth R. Lesser to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7093874, filed by David Hill, Melinda Sexton, Dawn Stiger, Joseph Walls. (Attachments: #1 Affidavit of Seth R. Lesser)(Legando, Drew) Modified description of attachment on 5/19/2015 (M,TL). |
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Order [non-document] entered by Judge James S. Gwin on 4/27/15. The Court conditionally grants plaintiffs' motion to excuse plaintiffs and out-of-state counsel from personally attending the case management conference. Lead counsel must attend in person with full settlement authority and plaintiffs shall attend via telephone. The Court will provide counsel with the Court's contact information. (Related Doc. #8 ) (M,G)
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| Filing 8 Motion to excuse appearance at the Initial Case Management Conference and Request to Allow Certain Counsel to Participate by Phone filed by David Hill, Melinda Sexton, Dawn Stiger, Joseph Walls. (Legando, Drew) |
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Filing 7
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 4/16/15 setting a conference for 5/21/15 at 10:30 a.m., Chambers 18A (Cleveland). IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (M,G)
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| Filing 6 Magistrate Consent Package issued 4/16/15 on behalf of Judge James S. Gwin. (M,G) |
| Filing 5 Motion to Sever and Motion to Dismiss for Misjoinder filed by HMSHost Corporation, Host International, Inc., Host Services of New York, Inc. (Attachments: #1 Brief in Support, #2 Exhibit A - Stevens Complaint, #3 Exhibit B - Order Granting Conditional Certification, #4 Exhibit C -Decertification Order)(Mersol, Gregory). Added Motion to dismiss on 4/13/2015 (H,KR). |
| Filing 4 Corporate Disclosure Statement identifying Corporate Parent Autogrill Group, Inc., Corporate Parent Autogrill Group International, Inc., Corporate Parent Autogrill Overseas, Inc., Corporate Parent Autogrill SpA for HMSHost Corporation, Host International, Inc., Host Services of New York, Inc. filed by All Defendants. (Mersol, Gregory) |
| Filing 3 Answer to #1 Complaint filed by HMSHost Corporation, Host International, Inc., Host Services of New York, Inc.. (Mersol, Gregory) Modified text on 4/13/2015 (H,KR). |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon HMSHost Corporation, Host International, Inc., Host Services of New York, Inc. (Attachments: #1 Magistrate Consent Form) (C,B) Modified to add that summons do not contain an address on 3/31/2015 (H,KR). |
| Filing 1 Complaint against All Defendants. Filing fee paid $ 400, Receipt number 0647-7014058. Filed by Joseph Walls, Melinda Sexton, David Hill, Dawn Stiger. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Landskroner, Jack) |
| Judge Lesley Wells assigned to case. Recused pursuant to General Order No. 2013-1. (C,B) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kenneth S. McHargh. (C,B) |
| Judge James S. Gwin assigned to case. Judge Lesley Wells terminated. (C,B) |
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