Stanback v. Nestle USA, Inc.
| Fredrick Stanback |
| James S Kusa, Nestle USA, Inc. and John R Head |
| Andrew L. Margolius |
| 1:2011cv01669 |
| August 11, 2011 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Dan Aaron Polster |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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| Filing 30 Acknowledgment of receipt of papers by the Clerk for the Cuyahoga County Court of Common Pleas. (B,B) |
| Filing 29 Certified copy of docket sheet and order mailed to Cuyahoga County Common Pleas Court on 5/24/2012. (B,R) |
Filing 28
Memorandum Opinion and Order For the reasons stated in the Order, the case is remanded to state court. Related document #12 . Signed by Judge Dan Aaron Polster on 5/11/12. (K,K)
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| Filing 27 Motion to Strike Defendant's Opposition to #12 Motion to remand to State Court and Reply Defendant's Opposition to Motion to Remand #26 filed by Fredrick Stanback. (Winston, Douglas) Modified adding motion event 5/11/2012 (K,K). |
| Filing 26 Opposition to #12 Motion to remand to State Court filed by All Defendants. (Brosky, Gilbert) |
| Final Mediation Report filed manually with ADR Administrator. Andrew L. Margolius of Margolius Margolius & Assoc., 1100 Illuminating Bldg., 50 Public Square, Cleveland, OH, served as the Mediator in the within case. Mediation conference held 4/25/2012 and as a result, the mediation process is complete. Reportable information includes: parties need time to complete discovery and fully access evidence. Trial may be necessary. Legal issues which may present an impasse: Case hinges on pretext analysis. Depositions need to be completed. Parties should re-evaluate settlement positions in six months. Case returned to the court for further settlement negotiations and case processing. ADR Disp. Code: 8. Future ADR: none at this time. (Related document(s) #24 ). (N, P) |
| Rescheduling mediation conference deadline. Mediation conference to be conducted on or before 4/25/2012. Report of Mediator to be manually filed with the ADR Administrator no later than 5/9/2012. Mediation process to be completed by 5/9/2012. (N, P) |
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Order [non-document] granting #25 Motion for extension of 4/15/2012 deadline to complete the mediation conference until 4/25/2012. Judge Dan Aaron Polster on 4/10/12.(P,R)
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| Filing 25 Stipulated Motion for extension of 4/15/2012 deadline to complete the mediation conference until 4/25/2012 filed by James S Kusa, Nestle USA, Inc.. Related document(s) #24 , #23 . (Brosky, Gilbert) |
| Filing 24 Schedules mediation & Report of Mediator deadline with mediation conference to be held on 4/9/2012 at 10:00 AM at The Law Offices of Margolius, Margolius and Associates, 55 Public Square, Suite 1100, Cleveland, Ohio 44113. Report of Mediator to be manually filed with the ADR Administrator no later than 4/23/2012. Filed by Andrew L. Margolius(Margolius, Andrew) Modified on 3/28/2012 to reflect the correct due date for the Report of Mediator (N, P). |
| Filing 23 Notice of Designation of Mediator. Mediator advised to conduct mediation conference on or before 4/15/2012. Report of Mediator to be manually filed with the ADR Administrator no later than 4/30/2012. REPORT OF MEDIATOR FORM ATTACHED TO THE NOTICE OF DESIGNATION. Counsel/parties to contact the Mediator for purposes of scheduling the mediation conference. Mediator to schedule the mediation conference and ELECTRONICALLY FILE A LETTER, DOCUMENT OR PLEADING setting forth the date, time and location of the mediation conference. Mediation process to be completed by 4/30/2012. Designated Neutral: Andrew L. Margolius (Related document(s) #16 , #19 , #22 , #13 ) (Attachments: #(1) Report of Mediator Form). (N, P) |
| Filing 22 Notice received from third potential neutral, re: conflict. Neutral available: No (Related document(s) #19 ). (N, P) |
| Filing 21 Notice received from the second potential neutral, re: conflict. Neutral available: Yes (Related document(s) #18 ). (N, P) |
| Filing 20 Notice received from the first potential neutral, re: conflict. Neutral available: No (non-response) (Related document(s) #17 ). (N, P) |
| Filing 19 Notice sent to the third potential neutral, re: conflict request. Neutral Conflict Response due by 3/21/2012 (Related document(s) #16 ) (Attachments: #(1) Neutral Response Form, #(2) Docket Sheet with Attorney/Party Names, #(3) Order of Referral). (N, P) Modified on 3/22/2012 (N, P). |
| Filing 18 Notice sent to the second potential neutral, re: conflict request. Neutral Conflict Response due by 3/21/2012 (Related document(s) #16 ) (Attachments: #(1) Neutral Response Form, #(2) Docket Sheet with Attorney/Party Names, #(3) Order of Referral). (N, P) |
| Filing 17 Notice sent to the first potential neutral, re: conflict request. Neutral Conflict Response due by 3/21/2012 (Related document(s) #16 ) (Attachments: #(1) Neutral Response Form, #(2) Docket Sheet with Attorney/Party Names, #(3) Order of Referral). (N, P) |
| Filing 16 Agreed Mediation Ranking Information Sheet filed on behalf of all parties (Related document(s) #14 ). (Winston, Douglas) Modified on 3/16/2012 (N, P). |
| Filing 15 Answer to #11 Amended complaint filed by James S Kusa, Nestle USA, Inc.. (Brosky, Gilbert) |
| Filing 14 List of potential neutrals sent to parties. Neutral selection due by 3/16/2012. Mediation ocnference to be conducted on or before 4/15/2012. Report of Mediator to be manually filed with the ADR Administrator no later than 4/30/2012. Mediation process to be completed by 4/30/2012 (Related document(s) #13 ) (Attachments: #(1) Agreed Mediation Ranking Information Sheet Form, #(2) Neutral List). (N, P) |
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Filing 13
Order of Referral to ADR for Mediation. Judge Dan A. Polster(C,KA)
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| Minutes of proceedings [non-document] before Judge Dan Aaron Polster. The court held a scheduled teleconference with counsel on 3/5/12. Counsel agreed to refer the case to the court- annexed Alternative Dispute Resolution program with mediation to conclude no later than April 15, 2012. Consequently, the Court extended the discovery cutoff to 6/1/12, and the dispositive motion deadline to 7/11/12. The deadline for filing an opposition to the pending remand motion is extended to 4/22/12. Time: 20 min. (P,R) |
| Filing 12 Motion to remand to State Court filed by Plaintiff Fredrick Stanback. Related document(s) #11 . (Winston, Douglas) |
| Filing 11 Amended complaint against All Defendants and adding new party defendant(s) John Head. Filed by Fredrick Stanback. (Winston, Douglas) |
| Notice [non-document] : Telephone Conference rescheduled for 3/5/2012 at 11:00 AM. (P,R) |
| Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Court held a teleconference with counsel on February 1, 2012. The parties told the Court that they have initiated discovery and that no settlement has been reached. A follow-up conference has been scheduled for 12:30PM on Wednesday, March 7, using the Court's dedicated Bridge line. Instructions for using the Bridge line will be e-mailed to counsel. If the parties are interested in a Court-mediated settlement conference, they are welcome to contact the Court. (P,R) |
| Filing 10 Stipulated Protective Order, re #9 . Judge Dan A. Polster (C,KA) |
| Filing 9 Stipulated Motion for protective order filed by James S Kusa, Nestle USA, Inc., Plaintiff Fredrick Stanback. (Brosky, Gilbert) |
| Notice [non-document] : 2/1/2012 Telephone Conference reset for 11:00 AM (change of time only). (P,R) |
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Order [non-document]. Court grants Plaintiff's #8 Motion to Extend time to file amended pleadings. Amended pleadings must be filed no later than 2/29/2012. Judge Dan Aaron Polster on 12/22/2011.(H,CM)
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| Filing 8 Motion for extension of Amending Pleadings until February 29, 2012 filed by Plaintiff Fredrick Stanback. Related document(s) #7 . (Winston, Douglas) |
| Filing 7 Case Mangagement Plan. Case Management Conference held on 10/7/11. Case is assigned to the standard track. Discovery due by 4/20/2012. Parties to be Joined and Pleading Amendments due by 1/16/2012, Dispositive Motions due by 5/30/2012, Telephone Conference set for 2/1/2012 at 12:00 PM. Judge Dan Aaron Polster on 10/11/11. (P,R) |
| Filing 6 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Fredrick Stanback. Related document(s) #4 .(Winston, Douglas) |
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Order [non-document] granting Defendant's Motion to Permit Party to Participate in CMC by telephone (Related Doc #5 ). Judge Dan Aaron Polster on 10/3/11.(P,R)
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| Filing 5 Motion to attend October 7, 2011 Status Conference (for client representative only) by telephone filed by James S Kusa, Nestle USA, Inc.. (Mersol, Gregory) |
| Notice [non-document] : 10/7/2011 case management conference reset for 10:30 AM (change of time only). (P,R) |
| Notice [non-document]: 10/7/2011 Case management conference rescheduled for 10:00 AM (change of time only). (P,R) |
| Filing 4 Case Management Conference Scheduling Order. Case management conference to be held on 10/7/2011 at 9:00 AM at Chambers 18B before Judge Dan Aaron Polster. Judge Dan Aaron Polster on 8/19/11. (P,R) |
| Filing 3 Answer to Complaint filed by James S Kusa, Nestle USA, Inc.. (Mersol, Gregory) |
| Filing 2 Magistrate Consent Form issued. (C,B) |
| Filing 1 Notice of Removal from Cuyahoga Common Pleas, case number CV 11 759183 with jury demand, Filing fee $ 350, receipt number 0647-4858317.. Filed by Nestle USA, Inc., James S Kusa. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Summons and Complaint) (Brosky, Gilbert) |
| Judge Dan Aaron Polster assigned to case. (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 White. (C,B) |
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