Hamilton v. Metropolitan Properties of America, Inc.
Plaintiff: Monica Hamilton
Defendant: Metropolitan Properties of America, Inc.
Case Number: 1:2014cv02175
Filed: October 1, 2014
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: James S Gwin
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 19, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 19, 2015 Opinion or Order Filing 59 Stipulated Order and Final Judgment signed by Judge James S. Gwin on 6/19/15. (Related Doc. #58 ) (M,G)
June 17, 2015 Filing 58 Joint Motion for Approval of Settlement and Stipulation of Dismissal with Prejudice filed by Plaintiff Monica Hamilton. (Attachments: #1 Exhibit A - Settlement and Release Agreement, #2 Exhibit B - Stipulated Order, #3 Exhibit C - Declaration of Jason R. Bristol)(Bristol, Jason)
June 10, 2015 Opinion or Order Filing 57 Order signed by Judge James S. Gwin on 6/10/15. Upon the parties' representation that all issues have been resolved the docket is marked settled and dismissed with prejudice. The Court retains jurisdiction as set forth in this entry. (M,G)
June 8, 2015 Filing 56 Notice of Filing Consent Form of Anthony DeVoue filed by Monica Hamilton. (Bristol, Jason)
April 30, 2015 Filing 55 Minutes of status conference before Judge James S. Gwin on 4/30/15. (Court Reporter: none; Time: 9 min.) (M,G)
April 29, 2015 Filing 54 Notice of Appearance as Co-Counsel by Gregory V. Mersol filed on behalf of Metropolitan Properties of America, Inc.. (Mersol, Gregory) Modified text to match document on 4/30/2015 (H,KR).
April 27, 2015 Filing 53 Response to #39 Motion for summary judgment filed by Metropolitan Properties of America, Inc.. (Attachments: #1 Exhibit 1 -- Declaration of Grace Law)(Messeloff, Daniel)
April 24, 2015 Filing 52 Notice of Filing Consent Form of Svetlana Savina filed by Monica Hamilton. (Bristol, Jason)
April 23, 2015 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 4/23/15 granting plaintiff's motion to attend the status conference via telephone; counsel will be provided with the Court's contact information. (Related Doc. #50 ) (M,G)
April 22, 2015 Filing 51 Notice of Withdrawal of Consent to Motion for Leave to Authorize Clients' Telephonic Appearance at the April 30, 2015 Status Conference filed by Metropolitan Properties of America, Inc.. Related document(s) #50 .(Messeloff, Daniel)
April 21, 2015 Filing 50 Motion for leave to Authorize Clients' Telephonic Appearance at the April 30, 2015 Status Conference filed by Plaintiff Monica Hamilton. (Fuchs, Joshua) Per #51 Notice of withdrawal of consent, reference to motion being "joint" removed. (S,HR).
April 20, 2015 Filing 49 Notice of Filing Consent Form of Jesse Leigh Malzone filed by Monica Hamilton. (Bristol, Jason)
April 17, 2015 Filing 48 Notice of Filing Consent Form of Alexandra Gonzales filed by Monica Hamilton. (Bristol, Jason)
April 15, 2015 Filing 47 Notice of Filing Consent Form of Jose Perales filed by Monica Hamilton. (Bristol, Jason)
April 14, 2015 Filing 46 Notice of Filing Consent Form of Stephanie Moreno filed by Monica Hamilton. (Bristol, Jason)
April 13, 2015 Filing 45 Notice of Filing Consent Form of Kellie Shaffer filed by Monica Hamilton. (Bristol, Jason)
April 10, 2015 Opinion or Order Order [non-document] granting defendant's #44 motion for extension of time until 4/27/15 to file response to #39 motion for summary judgment. Plaintiff's reply to response due by 5/4/15. Judge James S. Gwin on 4/10/15.(S,HR)
April 9, 2015 Filing 44 Unopposed Motion for extension of time until April 27, 2015 to respond to #39 Motion for summary judgment filed by Defendant Metropolitan Properties of America, Inc.. (Messeloff, Daniel) Modified text on 4/9/2015 (H,KR).
April 6, 2015 Filing 43 Notice of Filing Consent Form of Isaiah Charlton IV filed by Monica Hamilton. (Bristol, Jason)
April 2, 2015 Filing 42 Notice of Filing Consent Form of Ernest Gardner filed by Monica Hamilton. (Bristol, Jason)
April 1, 2015 Filing 41 Notice of Filing Consent Forms to Join Suit as Party Plaintiffs filed by Monica Hamilton. (Attachments: #1 Exhibit 1 - Consent Form of Valerie Gordon, #2 Exhibit 2 - Consent Form of Gilbert Arellano)(Bristol, Jason)
March 30, 2015 Filing 40 Notice of Filing Declaration of Consent of Azaziah Fowler filed by Monica Hamilton. (Fuchs, Joshua)
March 30, 2015 Filing 39 Motion for summary judgment filed by Plaintiff Monica Hamilton. (Attachments: #1 Brief in Support, #2 Exhibit 1 - Paystubs of Monica Hamilton, #3 Exhibit 2 - Paystubs of LaTrese Yelder, #4 Exhibit 3 - Paystubs of Belinda Robinson, #5 Exhibit 4 - Paystubs of Aja Aaron)(Fuchs, Joshua)
March 25, 2015 Filing 38 Notice of Filing Consent Forms to Join Suit as Party Plaintiffs filed by Monica Hamilton. (Attachments: #1 Exhibit 1 - Consent Form of Barbara Sweeny, #2 Exhibit 2 - Consent Form of Justine Harvey)(Bristol, Jason)
March 20, 2015 Opinion or Order Filing 37 Marginal Entry Order signed by Judge James S. Gwin on 3/20/15 denying defendant's motion to stay as moot. (Related Doc. #22 ) (M,G)
March 13, 2015 Opinion or Order Filing 36 Marginal Entry Order signed by Judge James S. Gwin on 3/13/15 approving the Notice to Potential Class Members. (Related Doc. #35 ) (M,G)
March 12, 2015 Filing 35 Joint Notice of Filing Proposed Notice to Potential Class Members filed by All Defendants. (Attachments: #1 Exhibit 1 - Proposed Notice)(Messeloff, Daniel)
March 4, 2015 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 3/4/15 granting the parties' joint motion to reschedule the 3/12/15 status conference and continue the date for filing of the motion to decertify the collective action. The status conference is reset for 4/30/15 at 12:15 p.m., Chambers 18A (Cleveland). The Court will assign a new date for the decertification motion at the status conference. (Related Doc. #34 ) (M,G)
March 2, 2015 Filing 34 Joint Motion to continue Status Conference and Deadline for Motion to Decertify Collective Action filed by Defendant Metropolitan Properties of America, Inc.. (Messeloff, Daniel) Modified text on 3/3/2015 (H,KR).
February 26, 2015 IMPORTANT: Notice [non-document] that due to a conflict on the Court's calendar the status conference set for 3/13/15 is reassigned for 3/12/15 at 1:00 p.m., Chambers 18A (Cleveland) before Judge James S. Gwin. (Related Doc. #18 ) (M,G)
February 25, 2015 Opinion or Order Filing 33 Opinion and Order signed by Judge James S. Gwin on 2/25/15. The Court grants plaintiff's motion for conditional certification as set forth in this entry. The Court orders defendant to provide plaintiff with the information set forth in this order regarding individuals within the defined class within fifteen days. Additionally the Court orders the parties to submit, also within fifteen days, proposed language for notification and consent forms to be issued by the Court apprising potential plaintiffs of their rights under the FLSA to opt-in as parties to this litigation. (Related Doc. #17 ) (M,G)
February 17, 2015 Opinion or Order Order [non-document] approved by Judge James S. Gwin on 2/17/15 granting plaintiff's #30 motion to file reply in further support of #17 Motion for conditional certification. Reply #31 prematurely filed on 2/12/15 is deemed filed. (S,HR)
February 12, 2015 Filing 32 Exhibit 1 in support of #31 reply in further support of #17 Motion for conditional certification: Correspondence from J. Bristol to D. Messeloff. Filed by Monica Hamilton. (Bristol, Jason) Modified text and added link on 2/17/2015 (S,HR).
February 12, 2015 Filing 31 Reply to supplemental brief in opposition to #17 Motion for conditional certification filed by Monica Hamilton. (Bristol, Jason) Document previously marked prematurely filed deemed filed per order on 2/17/15. Modified text and added link (S,HR).
February 12, 2015 Filing 30 Motion for leave to File a Reply to Defendant's Supplemental Brief in Opposition to Plaintiff's Motion for Conditional Certification filed by Plaintiff Monica Hamilton. (Bristol, Jason)
January 29, 2015 Filing 29 Supplement Brief in Opposition to #17 Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Metropolitan Properties of America, Inc.. Related document(s) #17 . (Attachments: #1 Exhibit 1 -- Declaration of Elizabeth Osborne)(Messeloff, Daniel)
January 26, 2015 Opinion or Order Filing 28 Opinion and Order signed by Judge James S. Gwin on 1/26/15 denying defendant's motion for entry of judgment in plaintiff's favor and dismissal of plaintiff's complaint. (Related Doc. #25 ) (M,G)
January 23, 2015 Filing 27 Reply to response to #21 Motion to Disqualify Plaintiff's Counsel from Representing Yatrese Yelder and Other Assistant Managers filed by Metropolitan Properties of America, Inc.. (Messeloff, Daniel)
January 23, 2015 Filing 26 Attorney Appearance by Katharine C. Weber as additional counsel on for Metropolitan Properties of America, Inc. (Weber, Katharine) Modified text on 1/26/2015 (S,HR).
January 20, 2015 Filing 25 Motion for Entry of Judgment in Favor of Plaintiffs and Motion to Dismiss Plaintiffs' Claims and the Complaint in its Entirety filed by Defendant Metropolitan Properties of America, Inc.. (Attachments: #1 Exhibit 1 -- Declaration of Grace Law)(Messeloff, Daniel) Modified text on 1/22/2015 (P, S).
January 16, 2015 Filing 24 Opposition to #21 Motion to Disqualify Plaintiff's Counsel from Representing Yatrese Yelder and Other Assistant Managers filed by Monica Hamilton. (Fuchs, Joshua)
January 16, 2015 Filing 23 Reply in support of #17 Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Monica Hamilton. (Attachments: #1 Exhibit 1 - Capture of Defendant's Website)(Fuchs, Joshua)
January 12, 2015 Filing 22 Opposition to #17 Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs, and Motion to stay filed by All Defendants. (Attachments: #1 Exhibit 1-Declaration of Grace Law, #2 Exhibit 2-Declaration of Vicki Gibbons)(Messeloff, Daniel) Modified text and added motion part on 1/13/2015 (S,HR).
January 12, 2015 Filing 21 MOTION WITHDRAWN - SEE DOC. #27 . Motion to Disqualify Plaintiff's Counsel from Representing Yatrese Yelder and Other Assistant Managers filed by Defendant Metropolitan Properties of America, Inc. (Attachments: #1 Exhibit 1-Declaration of Grace Law, #2 Exhibit 2-Declaration of Vicki Gibbons)(Messeloff, Daniel) Modifiedtext on 1/13/2015 (S,HR). Modified text and regenerated NEF on 2/25/2015 (M,G).
January 2, 2015 Filing 20 Defendant's Offer of Judgment to Plaintiffs Pursuant to Fed. R. Civ. P. 68 filed by Metropolitan Properties of America, Inc.. (Messeloff, Daniel)
December 15, 2014 Opinion or Order Filing 19 Order signed by Judge James S. Gwin on 12/15/14 that plaintiff identify experts by 1/12/15 and defendant shall make identification by 1/29/15. (M,G)
December 15, 2014 Opinion or Order Filing 18 Case Management Conference Plan/Order signed by Judge James S. Gwin on 12/15/14. Case assigned to the Standard Track. Parties to be joined and pleadings amended by 12/24/14. Preliminary discovery due by 3/23/15. Dispositive motions to be filed by 3/30/15 with responses due 4/13/15 and replies due 4/20/15. All discovery due by 5/25/15. Motion for conditional certification due 1/5/15 with response due 1/12/15 and reply to be filed by 1/16/15. Deadline to file motion to decertify collective action is 3/9/15. Deposition time limit of 10 hours per side imposed. Status conference set for 3/13/15 at 12:00 noon and final pretrial conference set for 6/16/15 at 12:00 noon, both in Chambers 18A (Cleveland). Jury trial is assigned on a two-week standby basis beginning 6/22/15 at 8:00 a.m., Courtroom 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)
December 15, 2014 Filing 17 Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Plaintiff Monica Hamilton. (Attachments: #1 Brief in Support, #2 Exhibit 1 - Unreported Cases, #3 Exhibit 2 - Sample Paystubs, #4 Exhibit 3 - Plaintiff's First Set of Opt-In Discovery Directed to Defendant, #5 Exhibit 4 - Proposed Order)(Fuchs, Joshua)
December 12, 2014 Filing 16 Minutes of case management conference before Judge James S. Gwin on 12/12/14. (Court Reporter: none; Time: 26 min.) (M,G)
December 11, 2014 Filing 15 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Monica Hamilton. (Fuchs, Joshua)
December 9, 2014 Filing 14 Report of Parties' Planning Meeting, parties do not consent to this case being assigned to the magistrate judge, filed by Monica Hamilton. (Fuchs, Joshua)
December 8, 2014 Filing 13 Declaration of Consent of Aja Aaron filed by Monica Hamilton. (Fuchs, Joshua) Modified text on 12/9/2014 (S,HR).
December 8, 2014 Filing 12 Declaration of Consent of LaTrese Yelder filed by Monica Hamilton. (Fuchs, Joshua) Modified text on 12/9/2014 (S,HR).
December 4, 2014 Filing 11 Offer of Judgment to Plaintiffs Pursuant to Fed. R. Civ. P. 68 filed by Metropolitan Properties of America, Inc.. (Messeloff, Daniel) Modified text on 12/8/2014 (S,HR).
October 27, 2014 Opinion or Order Filing 10 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 10/27/14 setting a conference for 12/12/14 at 12:30 p.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) Modified on 10/27/2014 to correct date; regenerated NEF (M,G).
October 27, 2014 Filing 9 Magistrate Consent Package issued 10/27/14 on behalf of Judge James S. Gwin. (M,G)
October 24, 2014 Filing 8 Corporate Disclosure Statement filed by Metropolitan Properties of America, Inc.. (Messeloff, Daniel)
October 24, 2014 Filing 7 Answer to #1 Complaint filed by Metropolitan Properties of America, Inc.. (Messeloff, Daniel)
October 24, 2014 Notice by Clerk that Metropolitan Properties of America, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,SP)
October 23, 2014 Filing 6 FILING ERROR, COUNSEL TO REFILE. Answer to #1 Complaint filed by Metropolitan Properties of America, Inc.. (Messeloff, Daniel) Modified on 10/24/2014 for filing error, counsel called and said wrong document uploaded, will refile (H,SP).
October 15, 2014 Filing 5 Return of Service by Clerk by certified mail executed upon Metropolitan Properties of America, Inc. on 10/6/2014, filed on behalf of Monica Hamilton Related document(s) #2 . (E,P)
October 13, 2014 Filing 4 Notice of filing Declaration of Consent of Belinda Robinson filed by Monica Hamilton. (Fuchs, Joshua)
October 3, 2014 Service by Clerk. Summons and Complaint addressed to Metropolitan Properties of America, Inc. placed in U.S. Mail on 10/3/14. Type of service: certified mail. Receipt # 70092820000361332352. (E,P)
October 2, 2014 Filing 3 Notice of filing Declaration of Consent of Monica Hamilton to be a Representative Plaintiff for a Class of Similarly-Situated Opt-In Plaintiffs filed by Monica Hamilton. (Fuchs, Joshua)
October 1, 2014 Filing 2 Original Summons and Magistrate Consent Form issued for service upon Metropolitan Properties of America, Inc. (Attachments: #1 Magistrate Consent Form) (C,B)
October 1, 2014 Filing 1 Complaint with jury demand against Metropolitan Properties of America, Inc.. Filing fee paid $ 400, Receipt number 0647-6760160. Filed by Monica Hamilton. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Fuchs, Joshua)
October 1, 2014 Judge James S. Gwin assigned to case. (C,B)
October 1, 2014 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Nancy A. Vecchiarelli. (C,B)

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Plaintiff: Monica Hamilton
Represented By: Joshua B. Fuchs
Represented By: Jason R. Bristol
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Defendant: Metropolitan Properties of America, Inc.
Represented By: Daniel A. Messeloff
Represented By: Katharine C. Weber
Represented By: Jeffrey B. Keiper
Represented By: Gregory V. Mersol
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