Barnes v. Progressive Corporation et al
| Virginia Barnes |
| Does 1 - 10, Progressive Corporation, Progessive Northern Insurance Company and Drive Insurance Holdings, Inc. |
| 1:2017cv00865 |
| April 21, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A Gaughan |
| Labor: Fair Standards |
| 15 U.S.C. § 2 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 20, 2018. A more recent docket listing may be available from PACER.
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Filing 69
Order: This matter is before the Court upon Plaintiff's Emergency Motion and Memorandum of Law to Enforce Settlement Agreement and Compel Defendants to Rescind the IRS Form1099-MISC issued to Virginia Barnes for Attorneys' Fees and Costs (Doc. #66 ). The motion is DENIED. Judge Patricia A. Gaughan on 3/20/18. (LC,S)
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| Filing 68 Reply in support of #66 Emergency Motion to enforce Settlement Agreement and Compel Defendants to Rescind the IRS Form 1099-Misc Issued to Virginia Barnes for Attorneys' Fees and Costs filed by Virginia Barnes. (Nephew, Molly) |
| Filing 67 Opposition to #66 Emergency Motion to enforce Settlement Agreement and Compel Defendants to Rescind the IRS Form 1099-Misc Issued to Virginia Barnes for Attorneys' Fees and Costs filed by Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. (Mersol, Gregory) |
| Filing 66 Emergency Motion to enforce Settlement Agreement and Compel Defendants to Rescind the IRS Form 1099-Misc Issued to Virginia Barnes for Attorneys' Fees and Costs filed by Plaintiff Virginia Barnes. Related document(s) #65 . (Attachments: #1 Declaration of Molly E. Nephew)(Nephew, Molly) |
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Filing 65
Order of Dismissal and Approving Settlement. Judge Patricia A. Gaughan on 12/18/17. (LC,S) re #64
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| Filing 64 Joint Motion to dismiss and to Approve Settlement filed by Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit 1 - Joint Settlement Agreement, #2 Exhibit 2 - Barnes General Release Agreement, #3 Proposed Order)(Brosky, Gilbert) |
| Filing 63 Notice of Withdrawal of Filed Consent to Sue Form filed by Virginia Barnes. (Rusch, Jacob) |
| Minutes/Order [non-document]: Settlement Conference was held. The Court anticipates a Motion for Approval of Settlement by 12/15/17. (LC,S) Time: 2.5 hrs. |
| Filing 62 Notice of Withdrawal of Filed Consent to Sue Form filed by Virginia Barnes. (Rusch, Jacob) |
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Order [non-document]: Plaintiff's Motion for Admission of David H. Grounds Pro Hac Vice is Granted. 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. Judge Patricia A. Gaughan on 10/26/17. (Related Doc #61 ) (LC,S)
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| Filing 61 Motion for attorney David H. Grounds to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8384377, filed by Plaintiff Virginia Barnes. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(DiCello, Mark) Modified duplicate text on 10/26/2017 (G,CA). |
| Filing 60 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue - Dunn, Starks, Wesby)(Rusch, Jacob) |
| Filing 59 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 58 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 57 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 56 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue - Peters, Jackson)(Rusch, Jacob) |
| Filing 55 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue - Buchanan, Nagale)(Rusch, Jacob) |
| Filing 54 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 53 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 52 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 51 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 50 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 49 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 48 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 47 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 46 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 45 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 44 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 43 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 42 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 41 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 40 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue - Mosley)(Rusch, Jacob) |
| Filing 39 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 38 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 37 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue - Caldwell, Graham)(Rusch, Jacob) |
| Filing 36 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue - Sermak, Stevenson)(Rusch, Jacob) |
| Filing 35 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) |
| Filing 34 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue - Axten, Ciacchi, Graham, Kinsella, Pytel)(Rusch, Jacob) |
| Filing 33 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) |
| Filing 32 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) Modified text on 8/21/2017 (G,TH). |
| Filing 31 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) Modified text on 8/21/2017 (G,TH). |
| Filing 30 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) Modified text on 8/16/2017 (G,TH). |
| Filing 29 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b)filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) Modified text on 8/15/2017 (G,TH). |
| Filing 28 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) Modified text on 8/14/2017 (G,TH). |
| Filing 27 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consent to Sue)(Rusch, Jacob) Modified text on 8/10/2017 (G,TH). |
| Filing 26 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) Modified text on 8/9/2017 (G,TH). |
| Filing 25 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) Modified text on 8/8/2017 (G,TH). |
| Filing 24 Notice of Filing Consents to Sue Pursuant to 29 U.S.C. 216(b) filed by Virginia Barnes. (Attachments: #1 Consents to Sue)(Rusch, Jacob) Modified text on 8/7/2017 (G,TH). |
| Filing 23 Answer to #19 Amended complaint, filed by Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. (Brosky, Gilbert) |
| Filing 22 Notice of Change of Firm Affiliation and Address filed by All Plaintiffs. (Abramowitz, Mark) |
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Filing 21
Order: Joint Stipulation For Notice and Opt-In Period is So Ordered. Judge Patricia A. Gaughan on 7/10/17. (LC,S) re #20 , #6
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Order [non-document]: Defendants' Motion to Dismiss Count II of Plaintiff's Complaint and to Strike the Class Allegations is MOOT in that an Amended Complaint has been filed. Judge Patricia A. Gaughan on 7/10/17. (Related Doc #16 ) (LC,S)
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Order [non-document]: Plaintiff's Motion for Conditional Certification and Notification of All Putative Class Members Under 29 U.S.C. Section 216(b) is MOOT. Judge Patricia A. Gaughan on 7/10/17. (LC,S) re #6
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| Filing 20 Joint Proposed Stipulation For Notice and Opt-In Period filed by Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit Proposed collective action notice and opt in form)(Brosky, Gilbert) |
| Filing 19 Amended complaint against Does 1 - 10, Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. Filed by Virginia Barnes. (Attachments: #1 Exhibit 1 - DOL Fact Sheet #64, #2 Exhibit 2 - Consent to Sue) (Rusch, Jacob) |
| Filing 18 Case Management Order: Case Management Conference was held on 6/30/17. Case is assigned to the standard track. Case is not suitable for ADR at this time but may be after discovery. Non-expert discovery shall be completed on or before 2/15/18. Expert reports shall be exchanged on or before 3/15/18 for party with burden of proof & 4/15/18 for Rebuttal and Expert Discovery shall be completed on or before 6/1/18. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 10/31/17. Dispositive Motions shall be filed on or before 3/15/18. Settlement Conference is set for 11/15/17 at 9:30 a.m. 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, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax to (216) 357-7215. Judge Patricia A. Gaughan on 6/30/17. (LC,S) Time: 30 mins. |
| Filing 17 Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and L.R. 16.3(b), parties do not consent to this case being assigned to the magistrate judge, filed by Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. (Brosky, Gilbert) |
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Order [non-document]: Defendants' Unopposed Motion for Extension of Time to File Their Response to Plaintiff's Motion for Conditional Certification is Granted to 6/30/17. Judge Patricia A. Gaughan on 6/22/17. (LC,S) re #15 Modified text on 6/22/2017 (LC,S).
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| Filing 16 Motion to dismiss Count II of Plaintiff's Complaint and to Strike the Class Allegations filed by Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. Related document(s) #1 . (Attachments: #1 Brief in Support)(Brosky, Gilbert) |
| Filing 15 Unopposed Motion for extension of time until June 30, 2017 to file response/reply to #6 Motion for class certification and Notification of all Putative Class Members filed by Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. Related document(s) #6 . (Brosky, Gilbert) |
| Filing 14 Answer to #1 Complaint,, filed by Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. (Brosky, Gilbert) |
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Order [non-document]Defendant's Motion for Extension of Time to File Their Response to Plaintiff's Motion for Conditional Certification is granted 6/21/17. #9 Judge Patricia A. Gaughan on 6/15/17.(D,Ma)
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| Filing 13 Response to #9 Motion for extension of time until June 21, 2017 to file response/reply to #6 Motion for class certification and Notification of all Putative Class Members filed by Virginia Barnes. (Rusch, Jacob) |
| Filing 12 Proof of Service by personal service executed upon Progessive Northern Insurance Company on 5/31/2017, filed on behalf of Virginia Barnes (Rusch, Jacob) Modified text on 6/16/2017 (G,TH). |
| Filing 11 Proof of Service by personal service executed upon Progressive Corporation on 5/31/2017, filed on behalf of Virginia Barnes (Rusch, Jacob) Modified text on 6/16/2017 (G,TH). |
| Filing 10 Proof of Service by personal service executed upon Drive Insurance Holdings, Inc. on 5/31/2017, filed on behalf of Virginia Barnes (Rusch, Jacob) Modified text on 6/16/2017 (G,TH). |
| Filing 9 Motion for extension of time until June 21, 2017 to file response/reply to #6 Motion for class certification and Notification of all Putative Class Members filed by Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. Related document(s) #6 . (Mersol, Gregory) |
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Filing 8
Case Management Conference Scheduling Order with case management conference set on 6/30/2017 at 9:15 am to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 5/08/17. (D,Ma)
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| Filing 7 Supplement Memorandum in Support of 216(b) Motion to #6 Motion for class certification and Notification of all Putative Class Members filed by Virginia Barnes. Related document(s) #6 . (Attachments: #1 Declaration of Virginia Barnes, #2 Proposed Notice and Consent to Sue, #3 Johnson Becker Firm Resume)(Nephew, Molly) |
| Filing 6 Motion for class certification and Notification of all Putative Class Members filed by Plaintiff Virginia Barnes. (Nephew, Molly) |
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Order [non-document]: Motion to Admit Jacob R. Rusch Pro Hac Vice as co-counsel for Plaintiff is Granted. 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. Judge Patricia A. Gaughan on 5/2/17. (Related Doc #3 ) (LC,S)
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Order [non-document]: Motion to Admit Molly E. Newphew Pro Hac Vice as co-counsel for Plaintiff is Granted. 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. Judge Patricia A. Gaughan on 5/2/17. (Related Doc #4 ) (LC,S)
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| Filing 5 Supplement Civil Cover Sheet filed by All Plaintiffs. (Abramowitz, Mark) (Additional attachment(s) added on 5/2/2017: #1 Civil Cover Sheet) (G,TH). |
| Filing 4 Motion for attorney Molly E. Nephew to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8137905, filed by Plaintiff Virginia Barnes. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Abramowitz, Mark) Modified duplicate text and add middle initial on 5/2/2017 (G,CA). |
| Filing 3 Motion for attorney Jacob R. Rusch to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8137897, filed by Plaintiff Virginia Barnes. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Abramowitz, Mark) Modified duplicate text and add middle initial on 5/2/2017 (G,CA). |
| Notice to Attorney Molly E. Nephew. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA) |
| Notice to Attorney Jacob R. Rusch. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Drive Insurance Holdings, Inc., Progessive Northern Insurance Company, Progressive Corporation. (Attachments: #1 Magistrate Consent Form) (P,WL) |
| Judge Patricia A. Gaughan assigned to case. (P,WL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (P,WL) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-8125837. Filed by Virginia Barnes. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Customer Service Representative - Mayfield Village, OH Job Description, #3 Exhibit 2 - Department of Labor Fact Sheet 64, #4 Exhibit 3 - Consent to Sue - Virginia Barnes, #5 Summons Progressive Corp, #6 Summons Progressive Northern Ins Co, #7 Summons Drive Ins Holdings Inc.) (Abramowitz, Mark) Modified text on 4/24/2017 (P,WL). |
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