Morgan v. Fred Meyer Jewelers, Inc.
Plaintiff: Morgan and Dan Morgan
Defendant: Fred Meyer Jewelers, Inc.
Case Number: 3:2015cv00089
Filed: March 6, 2015
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael J Newman
Referring Judge: Thomas M Rose
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2015 Filing 14 STIPULATION of Dismissal by Plaintiff Dan Morgan. (Duwel, David)
September 14, 2015 Opinion or Order Filing 13 ORDER DISMISSING CASE: TERMINATION ENTRY - The Court having been advised that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, without prejudice, provided that any of the parties may, upon good cause shown within sixty (60) days, reopen the action if settlement is not consummated. Signed by Judge Thomas M. Rose on 9/14/15. (ep)
September 4, 2015 Filing 12 RESPONSE to Motion re #10 MOTION to Dismiss Plaintiff's Complaint Because It Is Time Barred filed by Plaintiff Dan Morgan. (Duwel, David)
August 24, 2015 NOTATION ORDER: For good cause shown, and lacking opposition from Defendant, Plaintiff's motion for an extension of time (doc. 11) is GRANTED. Plaintiff shall file a memorandum in opposition to Defendant's motion to dismiss on or before 9/7/15. IT IS SO ORDERED. (dm)
August 21, 2015 Filing 11 MOTION for Extension of Time New date requested 9/8/2015. by Plaintiff Dan Morgan. Responses due by 9/14/2015 (Duwel, David)
July 31, 2015 Filing 10 MOTION to Dismiss Plaintiff's Complaint Because It Is Time Barred by Defendant Fred Meyer Jewelers, Inc.. Responses due by 8/24/2015 (Attachments: #1 Memorandum In Support of Motion to Dismiss, #2 Declaration of Keith Fuller) (Whitcomb, David)
June 30, 2015 Filing 9 AMENDED ANSWER to #2 Complaint by Defendant Fred Meyer Jewelers, Inc.. (Whitcomb, David)
June 29, 2015 Minute Entry: This case came before Judge Newman for a discovery status conference by telephone on 6/29/15 at 10:00 am. Attorneys David Duwel, David Whitcomb, and Samuel Endicott participated. Counsel advised the Court that discovery is commencing and reported no issues at this time. (DM)
June 1, 2015 Opinion or Order Filing 8 PRELIMINARY PRETRIAL ORDER: Case is referred to Magistrate Judge Michael J. Newman: Amended Pleadings due by 6/30/2015. Motions directed to pleadings due by 7/31/2015. Lay Witness due by 11/13/2015. Plaintiff Primary Expert due by 12/15/2015. Defendant Primary Expert due by 12/15/2015. Plaintiff Rebuttal Expert due by 1/15/2016. Defendant Rebuttal Expert due by 1/15/2016. Discovery due by 1/22/2016. Status Conference (following discovery) set for 1/28/2016 at 10:00 AM by telephone before Judge Thomas M. Rose. Motions not directed to pleadings due by 3/11/2016. Final Pretrial Conference set for 9/13/2016 at 2:30 PM in Chambers before Judge Thomas M. Rose. Exhibit Submission for Trial due by 10/12/2016. Jury Trial set for 10/17/2016 at 9:00 AM in Courtroom 2 - Dayton before Judge Thomas M. Rose. Signed by Judge Thomas M. Rose on 6/1/15. (ep)
June 1, 2015 Opinion or Order NOTATION ORDER: This civil case was referred to the undersigned for all pretrial matters until expiration of the discovery period. The undersigned sets this case for a discovery status conference by telephone on 6/29/15 at 10:00 am and 11/20/15 at 10:00 am. Counsel shall call: 1-877-336-1839, enter access code 2725365, security code 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 6/1/15. (cib)
May 26, 2015 Minute Entry for proceedings held before Judge Thomas M. Rose: Preliminary Pretrial Conference held on 5/26/2015. Order to issue. (ep)
May 8, 2015 Filing 7 RULE 26(f) REPORT by Defendant Fred Meyer Jewelers, Inc.. (Whitcomb, David)
March 25, 2015 Opinion or Order Notation Order granting #6 Motion for Leave to Appear Pro Hac Vice of Samuel E. Endicott. Signed by Judge Thomas M Rose on 3/25/2015. (ead1)
March 24, 2015 Filing 6 MOTION for Leave to Appear Pro Hac Vice of Samuel E. Endicott (Filing fee $ 200, receipt number 0648-4981916) by Defendant Fred Meyer Jewelers, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing of Samuel Endicott, #2 Exhibit Proposed Order granting Motion for Pro Hac Vice) (Whitcomb, David)
March 16, 2015 NOTICE of Hearing: Preliminary Pretrial Conference set for Tuesday, May 26, 2015 at 10:00 a.m. by telephone conference call before Judge Thomas M. Rose. The Court will initiate the call. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed.R.Civ.P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed.R.Civ.P. 26(f). NOTE: the format for the Rule 26(f) conference between counsel and the report to the Court has been altered. This new form is available on line and MUST be utilized in this case. THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Courts docket, please notify the courtroom deputy, Liz Penski, at 937-512-1603, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. Only phone numbers for direct lines (not answering systems) should be provided to the Court. If you wish a direct line number other than your office number called, please advise the Court at least 24 hours preceding the conference. (ep)
March 13, 2015 Filing 5 ANSWER to #2 Complaint filed by All Defendants. (Whitcomb, David)
March 10, 2015 ...NOTICE, if case is referred it will be assigned to Magistrate Judge Michael J. Newman. (srb1)
March 9, 2015 Filing 4 NOTICE by Defendant Fred Meyer Jewelers, Inc. Certificate of Filing (Whitcomb, David)
March 6, 2015 Filing 3 Corporate Disclosure Statement by Defendant Fred Meyer Jewelers, Inc. identifying Other Affiliate Fred Meyer Stores, Inc. & The Kroger Co. (er1)
March 6, 2015 Filing 2 COMPLAINT with JURY DEMAND filed originally in Montgomery County CPC on 12/15/2014 by Dan Morgan against Fred Meyer Jewelers, Inc. (er1)
March 6, 2015 Filing 1 NOTICE OF REMOVAL from Montgomery County Court of Common Pleas, case number 2014 CV 06939, filed by Fred Meyer Jewelers, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet and Supplemental Civil Cover Sheet) (er1)
March 6, 2015 Filing fee: $ 400, receipt number 200COL036327. (er1)

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Plaintiff: Morgan
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Plaintiff: Dan Morgan
Represented By: David Michael Duwel
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Defendant: Fred Meyer Jewelers, Inc.
Represented By: David A Whitcomb
Represented By: Samuel E Endicott
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