Roby v. Lincoln Electric Company
Plaintiff: Eric Roby
Defendant: Lincoln Electric Company
Case Number: 1:2018cv00006
Filed: January 2, 2018
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Lake
Presiding Judge: Donald C Nugent
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2021 Opinion or Order Filing 148 Stipulation & Order Approving Settlement and Dismissal with Prejudice. Judge Donald C. Nugent on 9/13/2021. re #147 . (Attachments: #1 Settlement Agreement) (M,S)
September 13, 2021 Opinion or Order Filing 147 Joint Motion Approval of Settlement filed by Defendant Lincoln Electric Company. (Attachments: #1 Exhibit 1 - Settlement Agreement)(Vlasek, Jeffrey)
August 10, 2021 Opinion or Order Filing 146 Marginal Entry Order granting Defendant's #145 Motion for extension of Deadline to Submit Evidence of Settlement until August 16, 2021. Judge Donald C. Nugent on 8/10/2021. (M,S)
August 9, 2021 Opinion or Order Filing 145 Motion for extension of Deadline to Submit Evidence of Settlement until August 16, 2021 filed by Defendant Lincoln Electric Company. (Vlasek, Jeffrey)
July 8, 2021 Opinion or Order Filing 144 Order. Counsel have notified the Court that the parties have reached a settlement. All pending motions are hereby denied as moot and the scheduled trial is vacated. The Parties may file any additional documentation evidencing the settlement no later than August 9, 2021. This action is dismissed. IT IS SO ORDERED. Judge Donald C. Nugent on 7/8/2021. re #143 . (M,S)
June 30, 2021 Opinion or Order Filing 143 Settlement Notice and Motion to Vacate Trial filed by Lincoln Electric Company. (Vlasek, Jeffrey)
April 14, 2021 Opinion or Order Filing 142 Memorandum Opinion and Order denying Defendant's Motion for Summary Judgment (Related Doc #131 ). Judge Donald C. Nugent on 4/14/2021. (M,S)
March 29, 2021 Opinion or Order Filing 141 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 3/29/2021 with counsel for all parties participating. Trial set by agreement of the parties. IMPORTANT: Jury Trial set for 7/12/2021 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. (Court Reporter: None.) Time: 10 minutes. (M,S)
February 24, 2021 Opinion or Order Filing 140 Memorandum Opinion and Order. For the reasons stated, the Court finds that the Plaintiffs in this matter have failed to present substantial evidence that they are similarly situated with respect to Defendant's auto-deduct policy. The record shows a variety of factual and employment settings among the individual Plaintiffs and the actions of multiple supervisors and managers. As a result, the defenses are individualized, and it would be unfair and impractical, to both sides, to have representative testimony presented for the proposed class when any one Plaintiff's situation is potentially markedly different from another's. Consequently, decertification of this action is appropriate. Defendant's Motion to Decertify the Conditionally Certified Collective Action (ECF #125 ) is granted. The claims of all of the opt-in Plaintiffs are dismissed without prejudice. IT IS SO ORDERED. Judge Donald C. Nugent on 2/24/2021. (M,S)
February 24, 2021 Opinion or Order Filing 139 Marginal Entry Order granting Joint Motion to continue Trial Date (Related Doc #137 ). Trial date will now be a status conference. IMPORTANT: Status Conference set for 3/29/2021 at 08:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 2/23/2021. (M,S)
February 19, 2021 Opinion or Order Filing 138 Objection to Plaintiff's Proposed Trial Plan filed by Lincoln Electric Company. Related document(s) #133 . (Vlasek, Jeffrey)
February 19, 2021 Opinion or Order Filing 137 Joint Motion to continue Trial Date filed by Defendant Lincoln Electric Company. (Attachments: #1 Proposed Order)(Valdez, Carrie)
February 2, 2021 Opinion or Order Filing 136 Marginal Entry Order granting Plaintiff's Motion for leave to file sur-reply, instanter (Related Doc #135 ). Judge Donald C. Nugent on 2/2/2021. (M,S)
February 2, 2021 Opinion or Order Filing 135 Motion for leave to file sur-reply, instanter filed by Plaintiff Eric Roby. Related document(s) #134 . (Wido, Christopher)
February 1, 2021 Opinion or Order Filing 134 Reply in support of #131 Motion for summary judgment filed by Lincoln Electric Company. (Attachments: #1 Exhibit Ex. A - Mayhew Declaration, #2 Exhibit Ex. B - Callari Declaration, #3 Exhibit Ex. C - Pineda Declaration, #4 Exhibit Ex. D - Cruz Declaration)(Vlasek, Jeffrey)
January 18, 2021 Opinion or Order Filing 133 Proposed Trial Plan filed by All Plaintiffs. (Wido, Christopher)
January 18, 2021 Opinion or Order Filing 132 Opposition to #131 Motion for summary judgment filed by All Plaintiffs. (Wido, Christopher)
January 8, 2021 Opinion or Order Filing 131 Motion for summary judgment filed by Defendant Lincoln Electric Company. (Attachments: #1 Brief in Support, #2 Exhibit Deposition Excerpts, #3 Exhibit Declaration of Jennifer Pushey, #4 Exhibit Unreported Decisions)(Vlasek, Jeffrey)
December 7, 2020 Opinion or Order Filing 130 Reply in support of #125 Motion to Decertify the Conditionally Certified Collective Action filed by Lincoln Electric Company. (Vlasek, Jeffrey)
December 2, 2020 Opinion or Order Filing 129 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 12/1/2020 with all counsel participating. There is a pending motion to re-certify which will be fully briefed by 12/7/2020. Trial continued from 1/6/2021 to 3/29/2021 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. All counsel notified of this ORDER. Time: 20 minutes. (Y,A)
November 23, 2020 Opinion or Order Filing 128 Opposition to #125 Motion to Decertify the Conditionally Certified Collective Action filed by Eric Roby. (Attachments: #1 Exhibit A: A1.Declaration of Jacob Aley;A2.Declaration of Jehad Ali;A3.Declaration of William Anderson;A4.Declaration of Byron Armour;A5.Declaration of Andre Atkinson;A6.Declaration of Dawaun Baker;A7.Declaration of Arthur Banks, Jr.;A8.Declaration of Henry Banks, IV;A9.Declaration of James Banks;A10.Declaration of Lawrence Barstow;A11.Declaration of Nakita Beck;A12.Declaration of Gregory Beckwith;A13.Declaration of Declaration of Kevin Black;A14.Declaration of Josiah Boomba;A15.Declaration of Del Vonte Boone;A16.Declaration of Timothy Booth;A17.Declaration of Casey Boykins;A18.Declaration of Melvin Bradley;A19.Declaration of Byron Brown;A20.Declaration of Michael J. Brown;A21.Declaration of James Bruce;A22.Declaration of Daniel Calhoun;A23.Declaration of David Calloway;A24.Declaration of Jerome Campbell;A25.Declaration of Todd Capota;A26.Declaration of Tavonte Carpenter;A27.Declaration of George Carson;A28.Declaration of Andrew Champa;A29.Declaration of Eric Chandler;A30.Declaration of Barry Clayman;A31.Declaration of Thomas Cline;A32.Declaration of Devonte Cody;A33.Declaration of DeAngelo Collier;A34.Declaration of Jack Colvin;A35.Declaration of Daniel Crummine;A36.Declaration of Brian Crusoe;A37.Declaration of Thomas Culp;A38.Declaration of Richard Cummings;A39.Declaration of Robert Cummings;A40.Declaration of Darren Darby;A41.Declaration of Joe Davis;A42.Declaration of Michael Delano;A43.Declaration of Scott Deyermand;A44.Declaration of Noman Dosreis;A45.Declaration of Donald Edler;A46.Declaration of Jerrell Edwards;A47.Declaration of Chino Elligson;A48.Declaration of John Erickson;A49.Declaration of Dionte Eskridge;A50.Declaration of KaJuan Evans;A51.Declaration of Glenn Farmer;A52.Declaration of Jakob Ferenz;A53.Declaration of Andrew Francis;A54.Declaration of Denzel Frazier;A55.Declaration of Richard Fredrick Sr.;A56.Declaration of David Frye;A57.Declaration of Cytrail Germany;A58.Declaration of Frederick Glover;A59.Declaration of Marko Gorshe;A60.Declaration of Rashad Hagler;A61.Declaration of Jason Hale;A62.Declaration of Jeffery Hale;A63.Declaration of Matthew Hale;A64.Declaration of Terrance Hankins;A65.Declaration of Kevin Harding;A66.Declaration of Joseph Harthill;A67.Declaration of Danny Heath;A68.Declaration of Kyle Heck;A69.Declaration of Henry Hernandez;A70.Declaration of Marcel Holness;A71.Declaration of Michael J Hoose;A72.Declaration of Benjamin Howard;A73.Declaration of Darryl Howard;A74.Declaration of Ashley Huckabee;A75.Declaration of Richard Hunt;A76.Declaration of Vernon Hutchins;A77.Declaration of Sean Ingram;A78.Declaration of Darryl L. Ivey;A79.Declaration of Ballard Ivory;A80.Declaration of Rayshawn Jenkins;A81.Declaration of James Johnson;A82.Declaration of Kevin Johnson;A83.Declaration of Demetrius Jones;A84.Declaration of Jason Jones;A85.Declaration of Robert Jones;A86.Declaration of Stephen Jones;A87.Declaration of Munier Karim;A88.Declaration of James Kasianides;A89.Declaration of Steven Kessler;A90.Declaration of Jamaal Kince;A91.Declaration of Charles Koller;A92.Declaration of Thomas Kovalski;A93.Declaration of Louis Lamothe;A94.Declaration of Maurice Larkin;A95.Declaration of Christopher Lee;A96.Declaration of Aaron Legare;A97.Declaration of William Lenhard;A98.Declaration of Jeffery Lewis;A99.Declaration of Stephen Lewis;A100.Declaration of Bradly Lines;A101.Declaration of Phillip Longstreet;A102.Declaration of Anthony Magruder;A103.Declaration of David McMillon;A104.Declaration of Andre McNeily;A105.Declaration of Jeffrey Mead;A106.Declaration of Brian Medves;A107.Declaration of Paul Mercer;A108.Declaration of John Michael;A109.Declaration of Henry Miller;A110.Declaration of Joseph Miller;A111.Declaration of Johnathon Montalvo;A112.Declaration of William Moore;A113.Declaration of Andrew Morris;A114.Declaration of Richard Morris;A115.Declaration of Joseph Moyer;A116.Declaration of Jared Murphy;A117.Declaration of Josiah Mutchler;A118.Declaration of Delvonte Myrick;A119.Declaration of Antonio Nettles;A120.Declaration of Christopher Nicopolis;A121.Declaration of Earnest Nix;A122.Declaration of Anthony Nocera;A123.Declaration of Brian Occkial;A124.Declaration of James Oliver;A125.Declaration of Ondo, Ryan;A126.Declaration of Steve Orgovan;A127.Declaration of George Orsulic;A128.Declaration of Andre Payne;A129.Declaration of William Pearson;A130.Declaration of Xavier Pearson;A131.Declaration of Jason Perkins;A132.Declaration of Malique Phillips;A133.Declaration of Tanshanee Pierce;A134.Declaration of Christopher Pizzino;A135.Declaration of Justice Porter;A136.Declaration of Rudy Pryately;A137.Declaration of Carl Ray;A138.Declaration of Tommy Rembert;A139.Declaration of Kurt Reynold;A140.Declaration of Corwin Reynolds;A141.Declaration of Bennie Richard;A142.Declaration of Henry Riggins;A143.Declaration of Nathaniel Rivera;A144.Declaration of Lemark Roberson;A145.Declaration of Deonta Robinson;A146.Declaration of Donnie Robinson;A147.Declaration of Janasha Robinson;A148.Declaration of Michael Robinson;A149.Declaration of David Rodriques;A150.Declaration of William Rusbasan;A151.Declaration of Jeffrey Russell;A152.Declaration of Nicole Sabatinic;A153.Declaration of Scottie Sanders;A154.Declaration of Tedrick Sanders;A155.Declaration of James Satyshur;A156.Declaration of Anthony Scales;A157.Declaration of Felicia Scarbro;A158.Declaration of Jeffrey Schuh;A159.Declaration of Nathan Sellers;A160.Declaration of Rami Semaan;A161.Declaration of Noah Seneczko;A162.Declaration of Kerry Silbaugh;A163.Declaration of Amar Simmons;A164.Declaration of Shawn Simmons;A165.Declaration of John Skalar;A166.Declaration of Mark Smith;A167.Declaration of Todd Smith;A168.Declaration of William Smith;A169.Declaration of Johnny Sparks;A170.Declaration of Greg Stahre;A171.Declaration of Christopher Suhar;A172.Declaration of Robert Swope;A173.Declaration of Ronald Szadkowski;A174.Declaration of Thomas Tanner;A175.Declaration of Carlton Taylor;A176.Declaration of Michael Taylor;A177.Declaration of Kevin Treece;A178.Declaration of Christopher Turk;A179.Declaration of Mark Turner;A180.Declaration of Michael Underwood;A181.Declaration of Keith Velecheck;A182.Declaration of John Villers;A183.Declaration of James Waddy;A184.Declaration of Michael Waddy;A185.Declaration of Dwight Walker;A186.Declaration of Ryan Walters;A187.Declaration of Terrance Ware;A188.Declaration of Richard Webb;A189.Declaration of Justin Weinmann;A190.Declaration of Wesley Wheeler;A191.Declaration of Darryl K. Williams;A192.Declaration of Marcus Williams;A193.Declaration of Brandon Wilson;A194.Declaration of Samuel Wingfield;A195.Declaration of Erwin Witten;A196.Declaration of Jerron Wright; A197.Declaration of Paul Yeo; A198.Declaration of Dave Zupanic;A199.Declaration of Stanley Zylak., #2 Exhibit B: Eric Roby Deposition Excerpts, #3 Exhibit C: Brian Ashley Deposition Excerpts, #4 Exhibit D: Michael Jackson Deposition Excerpts, #5 Exhibit E: Michael Royster Depsition Excerpts, #6 Exhibit F: Fred McGee Deposition Excerpts, #7 Exhibit G: Matt Conkey Deposition Excerpts, #8 Exhibit H: Robert Bray Deposition Excerpts, #9 Exhibit I: Nathan Billingsley Deposition Excerpts, #10 Exhibit J: Tyrone Knox Deposition Excerpts, #11 Exhibit K: Abraham Sanders Deposition Exceprts, #12 Exhibit L: Robert Bray Deposition Excerpts, #13 Exhibit M: Kelly Kehn Deposition Excerpts, #14 Exhibit N: Jason Harps Deposition Excerpts, #15 Exhibit O: Doug Yutzy Deposition Excerpts, #16 Exhibit P: James Nicklas Deposition Excerpts, #17 Exhibit Q: Marge Bezik Deposition Excerpts, #18 Exhibit R: Wilks. v. Pep Boys "300 Stores", #19 Exhibit S: Declaration Matt Bernath, #20 Exhibit T: DOL Field Handbook 31b23)(Wido, Christopher)
November 20, 2020 Opinion or Order Order [non-document] granting Plaintiff's Motion for leave to exceed page limitation (Related Doc #127 ). Judge Donald C. Nugent on 11/20/2020. (M,S)
November 19, 2020 Opinion or Order Filing 127 Motion for leave to exceed page limitation filed by Plaintiff Eric Roby. (Wido, Christopher)
November 6, 2020 Opinion or Order Filing 126 Joint Motion for extension of Briefing Deadlines until November 23, 2020 and December 7, 2020 filed by Plaintiff Eric Roby. (Wido, Christopher)
November 6, 2020 Opinion or Order Order [non-document] granting #126 Joint Motion for extension of Briefing Deadlines until November 23, 2020 and December 7, 2020. Judge Donald C. Nugent on 11/6/2020. (M,S)
November 6, 2020 Opinion or Order Utility Event set/reset motion deadlines as to Motion to Decertify the Conditionally Certified Collective Action. Response due by 11/23/2020, Replies due by 12/7/2020. Related document(s) #125 . (M,S)
October 15, 2020 Opinion or Order Filing 125 Motion to Decertify the Conditionally Certified Collective Action filed by Defendant Lincoln Electric Company. (Attachments: #1 Brief in Support of Decertification, #2 Exhibit Deposition of Kelly Kehn, #3 Exhibit Deposition of Robert Bray, #4 Exhibit Deposition of Fred McGee, #5 Exhibit Deposition of Eric Roby, #6 Exhibit Deposition of Michael Jackson, #7 Exhibit Deposition of Tyrone Knox, #8 Exhibit Deposition of Nathan Billingsley, #9 Exhibit Declaration of Greg Braxton, #10 Exhibit Deposition of William Glaeser, #11 Exhibit 2013 Memorandum, #12 Exhibit Deposition of Brian Ashley, #13 Exhibit Deposition of Matthew Conkey, #14 Exhibit Deposition of Abraham Sanders)(Vlasek, Jeffrey)
October 13, 2020 Opinion or Order Filing 124 Marginal Entry Order granting Defendant's Motion to exceed page limitations (Related Doc #123 ). Judge Donald C. Nugent on 10/13/2020. (M,S)
October 12, 2020 Opinion or Order Filing 123 Motion for leave to exceed page limitation filed by Defendant Lincoln Electric Company. (Vlasek, Jeffrey)
September 15, 2020 Opinion or Order Filing 122 Second Notice to take Deposition of Fed Civ. R 30(B)(6) on September 16, 2020, filed by Eric Roby. (Wido, Christopher)
September 4, 2020 Opinion or Order Filing 121 Civil Jury Trial Order. Jury Trial set for 1/6/2021 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 9/4/2020. re #120 . (M,S)
September 4, 2020 Opinion or Order Filing 120 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 8/17/2020 with all counsel participating. Discovery to be completed by 9/2/2020. Defendant intends to file Motion to Decertify Class. Any such motion to be filed by 10/15/2020; Responses due 11/15/2020; Reply, if any, due by 11/23/2020. Parties agree no further dispositive motions to be filed. IMPORTANT: Status Conference set for 12/1/2020 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Jury Trial set for 1/6/2021 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Trial order to issue. (Court Reporter: None.) Time: 15 minutes. (M,S)
September 4, 2020 Opinion or Order Order [non-document] granting Plaintiff's #119 Unopposed Motion for extension of discovery deadline to complete Civ. R. 30(b)(6) deposition due to injury of Plaintiff's counsel until 10/02/2020. Judge Donald C. Nugent on 9/4/2020.(M,S)
September 2, 2020 Opinion or Order Filing 119 Unopposed Motion for extension of discovery deadline to complete Civ. r. 30(b)(6) deposition due to injury of Plaintiff's counsel until 10.02.2020 filed by Plaintiff Eric Roby. (Wido, Christopher)
August 26, 2020 Opinion or Order Filing 118 Revised Notice of Fed Civ. R. 30 (B)(6) Deposition on September 2, 2020 at 10:00 a.m. filed by Eric Roby. (Wido, Christopher)
April 21, 2020 Opinion or Order Filing 117 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 4/21/2020 with all counsel participating. Discovery on going but depositions can't be taken with coronavirus. Discovery extended to 9/1/2020. IMPORTANT: Status Conference set for 8/17/2020 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 20 minutes. (M,S)
April 8, 2020 Opinion or Order IMPORTANT: Notice [non-document] Status Conference set for 4/21/2020 at 08:45 AM will be be held telephonically before Judge Donald C. Nugent. Counsel are instructed to initiate a conference call and then contact the Court. (M,S)
March 19, 2020 Opinion or Order Filing 116 Marginal Entry Order granting #115 Joint Motion for extension of Discovery until May 29, 2020. Judge Donald C. Nugent on 3/19/2020. (M,S)
March 17, 2020 Opinion or Order Filing 115 Joint Motion for extension of Discovery until May 29, 2020 filed by Defendant Lincoln Electric Company. (Vlasek, Jeffrey)
March 4, 2020 Opinion or Order Filing 114 Marginal Entry Order granting #113 Joint Motion to extend discovery and to continue March 5, 2020 Status Conference. Discovery due by 4/14/2020. IMPORTANT: Status Conference re-set for 4/21/2020 at 08:45 AM in Chambers 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 3/4/2020. (M,S)
March 3, 2020 Opinion or Order Filing 113 Joint Motion to extend discovery and to continue March 5, 2020 Status Conference filed by Defendant Lincoln Electric Company. Related document(s) #111 . (Vlasek, Jeffrey)
February 3, 2020 Opinion or Order LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 10, 2020 Opinion or Order IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
November 27, 2019 Opinion or Order Filing 112 Notice Of Filing Consent To Sue By Desmoines Black, Byron Brown, Ryan Cummings, Marco Lentini, Luc Wilsen Joseph, Jeremiah Reed, Michael Williford, Brandon Wilson filed by Eric Roby. (Attachments: #1 Exhibit Consent For Desmoines Black, #2 Exhibit Consent For Byron Brown, #3 Exhibit Consent For Ryan Cummings, #4 Exhibit Consent For Marco Lentini, #5 Exhibit Consent For Luc Wilsen Joseph, #6 Exhibit Consent For Jeremiah Reed, #7 Exhibit Consent For Michael Williford, #8 Exhibit Consent For Brandon Wilson)(Wido, Christopher)
November 25, 2019 Opinion or Order Filing 111 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 11/25/2019 with all counsel present. Discovery on going and parties have exchanged documents. Discovery extended to 3/1/2020 and thereafter Defendant intends to file for certification. Status Conference set for 3/5/2020 at 09:00 AM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None.) Time: 20 minutes. (M,S)
August 16, 2019 Opinion or Order Filing 110 Notice of Filing of Consent to Sue filed by Eric Roby. (Attachments: #1 Exhibit Richard Hunt, #2 Exhibit David McMillion, #3 Exhibit Shawn Simmons, #4 Exhibit Daniel Crumrine, #5 Exhibit Brandon Johns, #6 Exhibit Antoinette Carter, #7 Exhibit Jeffrey Healy, #8 Exhibit Samuel Wingfield, #9 Exhibit Brian Occkial, #10 Exhibit Denzel Frazier, #11 Exhibit Daniel Ridgeway, #12 Exhibit Nathan Billingsley, #13 Exhibit William Pearson, #14 Exhibit James Cobb, #15 Exhibit Jason Jones, #16 Exhibit Eric Chandler, #17 Exhibit Andre McNeily, #18 Exhibit Ryan Ondo, #19 Exhibit Nicholas Sabatini, #20 Exhibit Jerron Wright, #21 Exhibit John Sparks, #22 Exhibit Jeffrey Schuh, #23 Exhibit Stephen Lewis, #24 Exhibit Lawrence Barston, #25 Exhibit Michael Robinson, #26 Exhibit Dionte Eskridge, #27 Exhibit John Erickson, #28 Exhibit Terrence Ware, #29 Exhibit Scottie Sanders, Jr., #30 Exhibit Andrew Mcintyre, #31 Exhibit Bill Anderson, #32 Exhibit Steve Orgovan, #33 Exhibit Mario Draper, #34 Exhibit William Moore, #35 Exhibit Josiah Bomba, #36 Exhibit John Skalar, #37 Exhibit Darryl Ivey, #38 Exhibit Tia Dotson, #39 Exhibit Matthew Hale, #40 Exhibit Thomas Blizzard, #41 Exhibit Darvis Harris, #42 Exhibit Charles Marsh, #43 Exhibit Felicia Scarbro, #44 Exhibit Bruce Gala, #45 Exhibit Chris Nicopolis, #46 Exhibit Barry Clayman, #47 Exhibit Jerrell Edwards, #48 Exhibit Jamaal Kince, #49 Exhibit Henry Hernandez, #50 Exhibit Kurt Miller, #51 Exhibit Noah Senczko, #52 Exhibit Jonathan Montalvo, #53 Exhibit Quintin Slaughter, #54 Exhibit Mychael Primes, #55 Exhibit Paul Mercer, #56 Exhibit Tanshanee Pierce, #57 Exhibit John Sparks, #58 Exhibit Michael Taylor, #59 Exhibit Christopher Watkins, #60 Exhibit David Rodriguez, #61 Exhibit Anthony Semosky, #62 Exhibit William Gatson, Jr., #63 Exhibit Matthew Gilmore, #64 Exhibit Kajuan Evans, #65 Exhibit Grant McCaslin, #66 Exhibit Jeffrey Russell, Sr.., #67 Exhibit Ballard Ivory, #68 Exhibit Marcus Willams, #69 Exhibit Edward Girgas, #70 Exhibit Raymond Hennings, #71 Exhibit William Smith, #72 Exhibit Demond Ballou, #73 Exhibit Delvonte Myrick, #74 Exhibit Norman Dosreis, Jr., #75 Exhibit Christopher Pizzino, #76 Exhibit Todd Capota, #77 Exhibit Gordon Kitchen, #78 Exhibit Donald Edler, #79 Exhibit Keith Velecheck, #80 Exhibit Robert Ross, #81 Exhibit Stanley Zylak, #82 Exhibit James Swanson, #83 Exhibit David Wargo, #84 Exhibit Marspello Martin, #85 Exhibit Marcos Lopez, #86 Exhibit Andrew Francis, III, #87 Exhibit Tyler Peters, #88 Exhibit Jehad Ali, #89 Exhibit David Collier, #90 Exhibit Daniel Bell, #91 Exhibit Petra Gulley, #92 Exhibit Joseph Moyer, #93 Exhibit Brian Medeves, #94 Exhibit Robert Bray, #95 Exhibit Dameon Keller, #96 Exhibit Nathan Sellers, #97 Exhibit Dominic Moore, #98 Exhibit Christopher Turk, #99 Exhibit Vaughn Henderson, Jr., #100 Exhibit Earnest Nix, #101 Exhibit Lemark Roberson, #102 Exhibit Tedrick Sanders, #103 Exhibit Charles Frogach, #104 Exhibit Vernon Hutchins, #105 Exhibit John Villers, #106 Exhibit Tiffany Sanders (Carroll), #107 Exhibit James Waddy, #108 Exhibit Thomas Tanner, #109 Exhibit Tavonte Carpenter, #110 Exhibit Yolanda Davis, #111 Exhibit Byron Armour, #112 Exhibit Demetrius Pope, #113 Exhibit Robert Kapferer, #114 Exhibit Marko Gorshe, #115 Exhibit James Oliver, #116 Exhibit Brian Crusoe, #117 Exhibit Jeffery Lewis, #118 Exhibit Grady Dixon, Jr., #119 Exhibit Robert Swope, #120 Exhibit Richard Cummings, #121 Exhibit Darvell Lattimore, #122 Exhibit Henry Riggins, #123 Exhibit Rashad Halger, #124 Exhibit John Micheal, #125 Exhibit Shaundel Felix, #126 Exhibit John Struna, #127 Exhibit Timothy Booth, #128 Exhibit Rami Semaan, #129 Exhibit Jason Perkins, #130 Exhibit Fenwick Garner, Sr., #131 Exhibit Wayne Bloodsaw, #132 Exhibit Anthony Feliciano, #133 Exhibit Michael Underwood, #134 Exhibit Maurice Mims, #135 Exhibit Jermone Campbell, #136 Exhibit Russell Miller, #137 Exhibit Thomas White, #138 Exhibit Steven Malone, #139 Exhibit Daniel Calhoun, #140 Exhibit Darryl Williams, #141 Exhibit Malcom Martin, #142 Exhibit Justin Weinmann, #143 Exhibit Glenn Farmer, #144 Exhibit George Carson, #145 Exhibit Charles Koller, Sr., #146 Exhibit Michael Brown, #147 Exhibit Joe Davis, Jr., #148 Exhibit Kevin Harding, #149 Exhibit Demetrius Jones, #150 Exhibit Justice Porter, #151 Exhibit Spencer Joyner, #152 Exhibit Dwight Walker, #153 Exhibit Jeremy Verdi, #154 Exhibit James Carter, #155 Exhibit Shirley Cantie-Riggins, #156 Exhibit Michael Rosciszewski, #157 Exhibit Kerry Silbaugh, #158 Exhibit Jason Hale, #159 Exhibit Allen Norton, Jr., #160 Exhibit Janasha Robinson, #161 Exhibit Mike Hoose, Jr., #162 Exhibit Steven Kessler, #163 Exhibit Stephen Jones, #164 Exhibit Robert Cummings, #165 Exhibit Sean Ingram, #166 Exhibit Thomas Cline, #167 Exhibit Marcel Holness, #168 Exhibit Antonio Gibson, #169 Exhibit Ian Matthews, #170 Exhibit Tim Murphy, #171 Exhibit Andrew Morris, #172 Exhibit Michael Brown, #173 Exhibit Aaron Legare, #174 Exhibit Jacob Aley, #175 Exhibit Danny Heath, Jr., #176 Exhibit Frederick Glover, #177 Exhibit Mark Smith, #178 Exhibit Andre Payne, #179 Exhibit Kenneth Lane, #180 Exhibit Tommie Rembert, #181 Exhibit Paul Yeo, #182 Exhibit Carlton Taylor, III, #183 Exhibit Anthony Scales, #184 Exhibit Delvonte Boone, #185 Exhibit Abbas Alzubaiddy, #186 Exhibit Wesley Wheeler, #187 Exhibit Donnie Robinson, #188 Exhibit James Banks, #189 Exhibit Thomas Culp, #190 Exhibit Kevin Black, Sr., #191 Exhibit Steve Hammett, Jr., #192 Exhibit Robert Jones, #193 Exhibit Jeffrey Mead, #194 Exhibit Justin Williams, #195 Exhibit Darryl Williams, #196 Exhibit Henry Danes, III, #197 Exhibit William Richardson, #198 Exhibit Andrew Champa, #199 Exhibit Nikita Beck, #200 Exhibit Ashley Huckabee, #201 Exhibit Thomas Jackson, #202 Exhibit Corwin Reynolds, #203 Exhibit Bennie Richardson, #204 Exhibit Henry Miller, #205 Exhibit Adam Scales, #206 Exhibit Mark Seibold, #207 Exhibit Greg Stahre, #208 Exhibit Terrence Roscoe, #209 Exhibit Donna Elhinny, #210 Exhibit Travis Spaller, #211 Exhibit Leonard Wilkerson, #212 Exhibit Ryan Hinson, #213 Exhibit Nathan Anderson, #214 Exhibit William Rubasan, #215 Exhibit Michael McCaleb, #216 Exhibit Donald Pasqualone, #217 Exhibit Anthony Magruder, #218 Exhibit Carl Ray, #219 Exhibit Nathan Rivera, #220 Exhibit Deonte Robinson, #221 Exhibit David Green, #222 Exhibit Scott Deyermand, #223 Exhibit StormyWhitaker, #224 Exhibit Cory Dalton, #225 Exhibit Xavier Pearson, #226 Exhibit DeAngelo Collier, #227 Exhibit Michael Delano, #228 Exhibit Darren Darby, #229 Exhibit Casey Boykins)(Wido, Christopher)
August 8, 2019 Opinion or Order Filing 109 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 8/8/2019. There are 304 opt ins and Defendant to take a sample number of depositions. Status Conference re-set for 11/25/2019 at 09:00 AM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None.) Time: 20 minutes. (M,S)
July 3, 2019 Opinion or Order Filing 108 Notice of Filing Consent to Sue of William D. Smith filed by Eric Roby. (Attachments: #1 Exhibit Consent to Sue Smith)(Wido, Christopher)
July 1, 2019 Opinion or Order Filing 107 Notice of Filing Consent to Sue of Jeff Brassow filed by Eric Roby. (Attachments: #1 Exhibit Consent to Sue Brassow)(Wido, Christopher)
July 1, 2019 Opinion or Order Filing 106 Notice of Filing Consent to Sue of David Christopher filed by Eric Roby. (Attachments: #1 Exhibit Consent to Sue Christopher)(Wido, Christopher)
July 1, 2019 Opinion or Order Filing 105 Notice of Filing Consent to Sue of Gregory Beckwith Jr. filed by Eric Roby. (Attachments: #1 Exhibit Consent to Sue Beckwith Jr.)(Wido, Christopher)
July 1, 2019 Opinion or Order Filing 104 Notice of Filing Consent to Sue of David Frye filed by Eric Roby. (Attachments: #1 Exhibit Consent to Sue Frye)(Wido, Christopher)
July 1, 2019 Opinion or Order Filing 103 Notice of Filing Consent to Sue of Rayshawn Jenkins filed by Eric Roby. (Attachments: #1 Exhibit Consent to Sue Jenkins)(Wido, Christopher)
July 1, 2019 Opinion or Order Filing 102 Notice of Filing Consent to Sue of Pedro Nazario filed by Eric Roby. (Attachments: #1 Exhibit Consent to Sue Nazario)(Wido, Christopher)
June 28, 2019 Opinion or Order Filing 101 Consent to Sue of Dawaun Baker filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Baker)(Wido, Christopher)
June 27, 2019 Opinion or Order Filing 100 Consent to Sue of Munier Karim filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Karim)(Wido, Christopher)
June 24, 2019 Opinion or Order Filing 99 Consent to Sue of Michael Mendez filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Mendez)(Wido, Christopher)
June 20, 2019 Opinion or Order Filing 98 Consent to Sue of Rudy Pryately filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Pryately)(Wido, Christopher)
June 20, 2019 Opinion or Order Filing 97 Consent to Sue of Richard Morris filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Morris)(Wido, Christopher)
June 11, 2019 Opinion or Order Filing 96 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 6/11/2019. Opt in period ends in July. Status Conference re-set for 8/8/2019 at 09:30 AM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None.) Time: 30 minutes. (M,S)
May 31, 2019 Opinion or Order Filing 95 Notice of Filing Consent to Sue For Benjamin Howard and Michael Brennan filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue of Benjamin Howard, #2 Exhibit Consent to Sue of Michael Brennan)(Wido, Christopher)
May 30, 2019 Opinion or Order Filing 94 Notice of Filing Consent to Sue of Jakob Ferenz and Matthew Kagen filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Jakob Ferenz, #2 Exhibit Consent to Sue Matthew Kagen)(Wido, Christopher)
May 24, 2019 Opinion or Order Filing 93 Amended Notice of Filing Consent to Sue of Josiah Mutschler filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Josiah Mutchler)(Wido, Christopher)
May 23, 2019 Opinion or Order Filing 92 Notice of Filing Consent to Sue of Erwin Witten filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Erwin Witten)(Wido, Christopher)
May 22, 2019 Opinion or Order Filing 91 Notice of Filing Consent to Sue for Josiah Mutschler filed by Eric Roby. (Wido, Christopher)
May 6, 2019 Opinion or Order Filing 90 Notice of Filing Consent to Sue Keenan M. Powell filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Keenan Powell)(Wido, Christopher)
May 1, 2019 Opinion or Order Filing 89 Notice of Filing Consent to Sue filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Richard Fredrick)(Wido, Christopher)
April 25, 2019 Opinion or Order Filing 88 Notice of Filing Consent to Sue by George Orsulic filed by All Plaintiffs. (Attachments: #1 Exhibit A, Consent to Sue signed by George Orsulic)(Wido, Christopher)
April 22, 2019 Opinion or Order Filing 87 Notice of Filing Consent to Sue by Malique Phillips filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue signed by Malique Phillips)(Wido, Christopher)
April 18, 2019 Opinion or Order Filing 86 Notice of Filing Consent to Sue by DeVonte Cody filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue by DeVonte Cody)(Wido, Christopher)
April 15, 2019 Opinion or Order Filing 85 Notice of Filing Consent to Sue by Jeffery Hale and Travis Booth filed by All Plaintiffs. (Attachments: #1 Exhibit Ex. A, Consent to Sue signed by Jeffery Hale, #2 Exhibit Ex. B, Consent to Sue signed by Travis Booth)(Wido, Christopher)
April 10, 2019 Opinion or Order Filing 84 Notice of Filing Consent to Sue by Henry Banks IV filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue signed by Henry Banks IV)(Wido, Christopher)
April 10, 2019 Opinion or Order Filing 83 Notice of Filing Consent to Sue by William Lenhard filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue by William Lenhard)(Wido, Christopher)
April 8, 2019 Opinion or Order Filing 82 Notice of Filing Consent to Sue filed by All Plaintiffs. (Attachments: #1 Exhibit A, Consent to Sue signed by Terrance Hankins, #2 Exhibit B, Consent to Sue signed by Andre Atkinson, #3 Exhibit C, Consent to Sue signed by Robert Ross, #4 Exhibit D, Consent to Sue signed by Kristian Ratliff, #5 Exhibit E, Consent to Sue signed by Phillip Longstreet, #6 Exhibit F, Consent to Sue signed by Marcelous Fox, #7 Exhibit G, Consent to Sue signed by Cytrail Germany)(Wido, Christopher)
March 15, 2019 Opinion or Order Filing 81 Notice of Filing Consent to Sue filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue signed by Tyrone Knox)(Wido, Christopher)
March 13, 2019 Opinion or Order Filing 80 Notice of Filing Consent to Sue filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue signed by Daneice Harris)(Wido, Christopher)
March 13, 2019 Opinion or Order Filing 79 FILING ERROR. Incorrect document uploaded. See document #80 . Notice of Filing Consent to Sue filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue signed by Daneice Harris)(Wido, Christopher) Modified text on 3/13/2019 (M,S).
February 27, 2019 Opinion or Order Filing 78 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 2/27/19. Class notice agreed, notification period extends to early June. Next Status Conference is set for 6/11/2019 at 9:30 AM in Chambers 15A before Judge Donald C. Nugent. Time: 10 min. (R,JM)
February 26, 2019 Opinion or Order Filing 77 Memorandum Opinion and Order Denying Defendant's Motion for summary judgment re #32 and Denying Defendant's motion for partial summary judgment #60 . Judge Donald C. Nugent on 2/26/19. (R,JM)
February 19, 2019 Opinion or Order Filing 76 Notice of Filing Consent to Sue of Mark Turner filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Mark Turner)(Wido, Christopher)
December 28, 2018 Opinion or Order Filing 75 Memorandum Opinion and Order granting Plaintiff's Motion for Conditional Class Certification. (re #27 ). Judge Donald C. Nugent on 12/27/18. (R,JM)
December 14, 2018 Opinion or Order Order [non-document]granting Defendant's Motion for leave (Related Doc #73 )to file surreply. Judge Donald C. Nugent on 12/14/18.(R,JM)
December 13, 2018 Opinion or Order Filing 74 Opposition to #73 Motion for leave to file instanter surreply to address intervening authorities and new argument in plaintiff's reply brief filed by Eric Roby. (Wido, Christopher)
December 12, 2018 Opinion or Order Filing 73 Motion for leave to file instanter surreply to address intervening authorities and new argument in plaintiff's reply brief filed by Defendant Lincoln Electric Company. Related document(s) #60 . (Attachments: #1 Surreply, #2 Exhibit A - Deposition of Eric Roby)(Vlasek, Jeffrey) Modified text on 12/13/2018 (M,S).
December 6, 2018 Opinion or Order Filing 72 Reply in support of #60 Motion for partial summary judgment filed by Eric Roby. (Wido, Christopher)
November 29, 2018 Opinion or Order Filing 71 Notice of Filing Consent to Sue of James Kasianides filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue James Kasianides)(Wido, Christopher)
November 27, 2018 Opinion or Order Filing 70 Minutes of proceedings before Judge Donald C. Nugent of status held on 11/21/18. Reply to Motion for Conditional Certification to be ruled on once Reply brief filed and is due 12/10/18. Once briefing completed, Court to rule. All counsel notified of this Order. Time: 20 min. (R,JM)
November 21, 2018 Opinion or Order Order [non-document] granting #68 plaintiff's Motion for extension of time until 12/10/18 to file reply brief in support of motion for summary judgment. Judge Donald C. Nugent on 11/21/18.(C,KA)
November 20, 2018 Opinion or Order Filing 69 Reply in support of #32 Motion for summary judgment and memorandum in support filed by Lincoln Electric Company. (Attachments: #1 Exhibit Nicklas Declaration, #2 Exhibit Roby Transcript, #3 Exhibit Bezik Transcript, #4 Exhibit Mattina Transcript, #5 Exhibit Nicklas Transcript)(Vlasek, Jeffrey)
November 20, 2018 Opinion or Order Filing 68 Motion for extension of File Reply Brief in Support of Plaintiff's Motion for Summary Judgment until December 10, 2018 filed by Plaintiff Eric Roby. Related document(s) #67 . (Wido, Christopher)
November 19, 2018 Opinion or Order Filing 67 Opposition to #60 Motion for partial summary judgment filed by Lincoln Electric Company. (Attachments: #1 Exhibit Nicklas Declaration, #2 Exhibit Roby Transcript, #3 Exhibit Mattina Transcript, #4 Exhibit Barnes Transcript, #5 Exhibit Jackson Transcript, #6 Exhibit Nicklas Transcript, #7 Exhibit Yutzy Transcript)(Vlasek, Jeffrey)
November 6, 2018 Opinion or Order Filing 66 Opposition to #32 Motion for summary judgment and memorandum in support filed by Eric Roby. (Attachments: #1 Exhibit 1: James Nicklas Deposition Transcript, #2 Exhibit 2: James Nicklas Declaration, #3 Exhibit 3: Doug Yutzy Deposition Transcript, #4 Exhibit 4: Eric Roby Deposition Transcript, #5 Exhibit 5: Michael Jackson Deposition Transcript, #6 Exhibit 6: Brian Ashley Deposition Transcript, #7 Exhibit 7: Marge Bezik Deposition Transcript, #8 Exhibit 8: Michael Royster Deposition Transcript, #9 Exhibit 9: Fred McGee Deposition Transcript, #10 Exhibit 10: Brian Conkey Deposition Transcript, #11 Exhibit 11: Jason Harps Deposition Transcript, #12 Exhibit 12: Eric Roby Declaration, #13 Exhibit 13: Fred McGee Declaration, #14 Exhibit 14: Brian Conkey Declaration, #15 Exhibit 15: Curtis Wilson Declaration, #16 Exhibit 16: Byron Brown Declaration, #17 Exhibit 17: Maurice Larkin Declaration, #18 Exhibit 18: Todd Smith Declaration, #19 Exhibit 19: Joseph Harthill Declaration, #20 Exhibit 20: Thomas Kovalski Declaration, #21 Exhibit 21: Lawrence Barstow Declaration, #22 Exhibit 22: Matt Bernath Declaration, #23 Exhibit 23: PBS NewsHour Transcript, #24 Exhibit 24: Powerpoint Training Slide "Expect to Work All Eight Hours", #25 Exhibit 25: Lincoln Electric Response to PBS viewer complaints about worker working as he ate)(Wido, Christopher)
November 6, 2018 Opinion or Order Order [non-document] granting Plaintiff's Motion to exceed page limitations (Related Doc #65 ). Judge Donald C. Nugent on 11/06/18.(R,JM)
November 5, 2018 Opinion or Order Filing 65 Motion for leave to exceed page limitations for Brief in Opposition to Summary Judgment filed by Plaintiff Eric Roby. (Wido, Christopher)
October 30, 2018 Opinion or Order Filing 64 Notice of Filing Consent to Sue for James Bruce filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue James Bruce)(Wido, Christopher)
October 30, 2018 Opinion or Order Order [non-document] granting Plaintiff's #63 Unopposed Motion for Extension of Time to File Response/Reply until November 9, 2018. Judge Donald C. Nugent on 10/30/18.(R,JM)
October 29, 2018 Opinion or Order Filing 63 Unopposed Motion for extension of time until November 9, 2018 to file response/reply to #32 Motion for summary judgment and memorandum in support filed by Plaintiff Eric Roby. Related document(s) #32 . (Wido, Christopher)
October 25, 2018 Opinion or Order Filing 62 Notice of Filing Consent to Sue of James Satyshur filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue James Satyshur)(Wido, Christopher)
October 24, 2018 Opinion or Order Filing 61 Notice of Filing Consent to Sue of Chino Elligson, Joseph Miller and Kevin Treece filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Chino Elligson, #2 Exhibit Consent to Sue Joseph Miller, #3 Exhibit Consent to Sue Kevin Treece)(Wido, Christopher)
October 19, 2018 Opinion or Order Filing 60 Motion for partial summary judgment filed by Plaintiff Eric Roby. (Attachments: #1 Exhibit A - Roby Deposition Transcript, #2 Exhibit B - Fred McGee Deposition Transcript, #3 Exhibit C - Brian Ashley Deposition Transcript, #4 Exhibit D - James Niklas Deposition Transcript, #5 Exhibit E - Niklas Declaration, #6 Exhibit F- Training slide - Expect to work all 8 hours no defined lunch, #7 Exhibit G - Michael Royster Deposition Transcript, #8 Exhibit H - Michael Jackson Deposition Transcript, #9 Exhibit I - Jason Harps Deposition Transcript, #10 Exhibit J - Lincoln Full Handbook, #11 Exhibit K - Doug Yutzy Deposition Transcript, #12 Exhibit L - Marge Bezik Deposition Transcript, #13 Exhibit M - time record example)(Wido, Christopher)
October 18, 2018 Opinion or Order Filing 59 Notice of Filing Consent to Sue of William Glaeser filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue William Glaeser)(Wido, Christopher)
October 16, 2018 Opinion or Order Order [non-document]granting Defendant's Motion for leave to File Defendant's Surreply opposition to Plaintiff's Motion for Conditional Certification. (Related Doc #57 ). Judge Donald C. Nugent on 10/16/18.(R,JM)
October 15, 2018 Opinion or Order Filing 58 Notice of Filing Consent to Sue of Arthur Banks, Jr. filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Arthur Banks, Jr.)(Wido, Christopher)
October 10, 2018 Opinion or Order Filing 57 Motion for leave to file instanter Surreply Brief in opposition to #27 Motion for Conditional Certification filed by Lincoln Electric Company. (Attachments: #1 Brief in Support, #2 Exhibit A - Deposition Testimony of Marge Bezik, #3 Exhibit B - Deposition Testimony of Bradley Barnes, #4 Exhibit C - Deposition Testimony of Kimberly Mattina, #5 Exhibit D - Deposition Testimony of Eric Roby, #6 Exhibit E - Deposition Testimony of Brian Ashley, #7 Exhibit F - Deposition Testimony of Fred McGee, #8 Exhibit G - Deposition Testimony of Matt Conkey, #9 Exhibit H - Deposition Testimony of Michael Jackson)(Vlasek, Jeffrey) Modified text/event on 10/11/2018 (M,S).
September 28, 2018 Opinion or Order Filing 56 Supplement to Reply, - in Support of Plaintiff's Motion For Conditional Certification Regarding PBS News Hour Evidence, filed by Eric Roby. Related document(s) #52 . (Attachments: #1 Exhibit A - Mattina deposition excerpts)(Wido, Christopher)
September 25, 2018 Opinion or Order Filing 55 Notice of Filing Consent to Sue of Louis Lamothe filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Louis Lamothe)(Wido, Christopher)
September 20, 2018 Opinion or Order Filing 54 FILING ERROR: Filed in wrong case. Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 9/20/18. Next Status Conference is set for 10/4/2018 at 09:30 AM in Chambers 15A before Judge Donald C. Nugent. Time: 15 min. (R,JM) Modified text on 9/20/2018 (M,S).
September 20, 2018 Opinion or Order Filing 53 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 9/20/18. Next Status Conference is set for 11/21/2018 at 09:30 AM in Chambers 15A before Judge Donald C. Nugent. Time: 20 min. (R,JM)
September 19, 2018 Opinion or Order Filing 52 Reply in support of #27 Motion for Conditional Certification filed by All Plaintiffs. (Attachments: #1 Exhibit Roby Depo Excerpts, #2 Exhibit Ashley Depo Excerpts, #3 Exhibit Bezik Depo Excerpts, #4 Exhibit Jackson Depo Excerpts, #5 Exhibit Royster Depo Excerpts, #6 Exhibit McGee Depo Excerpts, #7 Exhibit Conkey Depo Excerpts, #8 Exhibit Yutzy Depo Excerpts, #9 Exhibit Harps Depo Excerpts, #10 Exhibit Powerpoint, #11 Exhibit PBS Story, #12 Exhibit PBS Follow-up, #13 Exhibit Todd Smith Declaration, #14 Exhibit Wage and Hour Fact Sheet, #15 Exhibit Defendant's Responses to Second Set of Written Discovery) (Wido, Christopher)
September 19, 2018 Opinion or Order Filing 51 Notice of Filing Consent to Sue of Loreal Sylvertooth filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Loreal Sylvertooth)(Wido, Christopher)
September 17, 2018 Opinion or Order Filing 50 Notice to take Deposition of Jim Niklas, Brad Barnes and Kim Mattina on September 19, 2018 filed by All Plaintiffs. (Wido, Christopher)
September 13, 2018 Opinion or Order Filing 49 Notice of Filing Consent to Sue filed by All Plaintiffs. (Attachments: #1 Exhibit A Consent to Sue Christopher Lee, #2 Exhibit B Consent to Sue Jack Colvin)(Wido, Christopher)
September 12, 2018 Opinion or Order Filing 48 Notice of Filing Consent to Sue filed by All Plaintiffs. (Attachments: #1 Exhibit A Consent to Sue Lawrence Barstow, #2 Exhibit B Consent to Sue Byron Brown, #3 Exhibit C Consent to Sue Bradley Lines, #4 Exhibit D Consent to Sue Ryan Walters)(Wido, Christopher)
September 10, 2018 Opinion or Order Filing 47 Amended Notice to take Deposition of Doug Yutzy on September 12, 2018 filed by All Plaintiffs. (Wido, Christopher) Modified text on 9/10/2018 (M,S).
September 7, 2018 Opinion or Order Filing 46 Protective Order regarding confidential documents. Judge Donald C. Nugent on 9/07/18. (R,JM)
September 7, 2018 Opinion or Order Filing 45 Notice to take Deposition of Doug Yutzy and Jason Harps on September 10, 2018 filed by All Plaintiffs. (Wido, Christopher)
September 7, 2018 Opinion or Order Order [non-document]granting Joint Motion for Stipulated Protective Order (Related Doc #44 ). Judge Donald C. Nugent on 9/7/18.(R,JM)
September 6, 2018 Opinion or Order Filing 44 Joint Motion for protective order filed by Defendant Lincoln Electric Company. (Attachments: #1 Proposed Protective Order, #2 Exhibit A to Proposed Protective Order)(Vlasek, Jeffrey)
September 5, 2018 Opinion or Order Filing 43 Notice to take Deposition of Marge Bezik on September 7, 2018 filed by All Plaintiffs. (Wido, Christopher)
September 5, 2018 Opinion or Order Filing 42 Notice of Filing Consent to Sue filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue Robert Lyles III Exhibit A, #2 Exhibit Consent to Sue James Johnson Exhibit B, #3 Exhibit Consent to Sue Antonio Nettles Exhibit C, #4 Exhibit Consent to Sue David Calloway Exhibit D, #5 Exhibit Consent to Sue Abraham Sanders Exhibit E, #6 Exhibit Consent to Sue Richard Webb Exhibit F, #7 Exhibit Consent to Sue Darryl Howard Exhibit G, #8 Exhibit Consent to Sue John Johnson, Jr Exhibit H, #9 Exhibit Consent to Sue DeVonte Cody Exhibit I, #10 Exhibit Consent to Sue Amar Simmons Exhibit J, #11 Exhibit Consent to Sue Jared Murphy Exhibit K, #12 Exhibit Consent to Sue Melvin Bradley Exhibit L, #13 Exhibit Consent to Sue Deon Brown Exhibit M)(Wido, Christopher)
August 30, 2018 Opinion or Order Filing 41 Marginal Entry Order granting Plaintiff's Motion for extension of time to File Opposition to Summary Judgment (Related Doc #40 ). Response to Summary Judgment is due in the time set by Federal Rules of Civil Procedure. Judge Donald C. Nugent on 8/30/2018. (M,S)
August 30, 2018 Opinion or Order Filing 40 Motion to clarify Order of August 29, 2018, Motion for extension of time to File Opposition to Summary Judgment until November 1, 2018 filed by Plaintiff Eric Roby. Related document(s) #39 . (Wido, Christopher)
August 29, 2018 Opinion or Order Filing 39 Marginal Entry Order denying Plaintiff's Motion to strike and to Extend Deadlines (Related Doc #33 ). Judge Donald C. Nugent on 8/29/18.(R,JM)
August 18, 2018 Opinion or Order Filing 38 Notice of Withdraw of Consent to Sue for Doug Yutzy filed by Eric Roby. Related document(s) #11 .(Wido, Christopher)
August 18, 2018 Opinion or Order Filing 37 Notice of Withdraw of Consent to Sue for Willie Sturdivant filed by Eric Roby. Related document(s) #24 .(Wido, Christopher)
August 9, 2018 Opinion or Order Filing 36 Reply in support of #33 Motion to strike Defendant's opposition brief to Plaintiff's Motion for Conditional Certification and Motion for Summary Judgment for violation of Local Rule 7.1(f) and the Court's Case Management Order filed by Eric Roby. (Wido, Christopher) Modified text on 8/9/2018 (M,S).
August 8, 2018 Opinion or Order Filing 35 Opposition to #33 Motion to strike Defendant's opposition brief to Plaintiff's Motion for Conditional Certification and Motion for Summary Judgment for violation of Local Rule 7.1(f) and the Court's Case Management Order, Motion for extension of date to file opposition to Motion for Summary Judgment until 30 days beyond discovery cut-off date filed by Lincoln Electric Company. (Attachments: #1 Exhibit Roby Deposition Excerpts)(Vlasek, Jeffrey)
August 8, 2018 Opinion or Order Order [non-document] granting Plaintiff's #34 Motion For Extension of Time to File Reply Brief in Support of Motion for Conditional Certification until 21 days after the date the Court enters a ruling on Plaintiff's pending Motion to Strike. Judge Donald C. Nugent on 8/8/18.(R,JM) Modified text on 8/8/2018 (M,S).
August 6, 2018 Opinion or Order Filing 34 Motion for extension of time to file reply brief in support of Motion to Conditionally Certify until 21 days after the date the Court enters a ruling on Plaintiff's pending Motion to Strike filed by Plaintiff Eric Roby. (Wido, Christopher)
August 6, 2018 Opinion or Order Filing 33 Motion to strike Defendant's opposition brief to Plaintiff's Motion for Conditional Certification and Motion for Summary Judgment for violation of Local Rule 7.1(f) and the Court's Case Management Order, Motion for extension of date to file opposition to Motion for Summary Judgment until 30 days beyond discovery cut-off date filed by Plaintiff Eric Roby. Related document(s) #31 , #32 . (Wido, Christopher)
August 3, 2018 Opinion or Order Filing 32 Motion for summary judgment and memorandum in support filed by Defendant Lincoln Electric Company. (Attachments: #1 Exhibit 1 - Declaration of James Nicklas, #2 Exhibit 2 - Cited pages from deposition of Eric Roby)(Vlasek, Jeffrey)
August 3, 2018 Opinion or Order Filing 31 Opposition to #27 Motion for class certification and issuance of notice filed by Lincoln Electric Company. (Attachments: #1 Exhibit 1 - Declaration of James Nicklas, #2 Exhibit 2 - Cited pages from deposition of Michael Jackson, #3 Exhibit 3 - Declaration of Kathy Gargasz, #4 Exhibit 4 - Cited pages from deposition of Eric Roby, #5 Exhibit 5 - Cited pages from deposition of Brian Ashley, #6 Exhibit 6 - Cited pages from deposition of Matt Conkey, #7 Exhibit 7 - Revised notice and redline)(Vlasek, Jeffrey)
July 19, 2018 Opinion or Order Filing 30 Notice of Filing Consent to Sue for Maurice Larkin filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue)(Wido, Christopher)
July 3, 2018 Opinion or Order Order [non-document] granting #28 Defendant's Motion for Extension of Time to File Response/Reply until August 3, 2018. Judge Donald C. Nugent on 7/03/18.(R,JM)
July 2, 2018 Opinion or Order Filing 29 Brief in Partial Opposition filed by All Plaintiffs. Related document #28 . (Wido, Christopher)
July 2, 2018 Opinion or Order Filing 28 Motion for extension of time until August 3, 2018 to file response/reply to #27 Motion for class certification and issuance of notice filed by Defendant Lincoln Electric Company. Related document(s) #27 . (Vlasek, Jeffrey)
June 22, 2018 Opinion or Order Filing 27 Motion for class certification and issuance of notice filed by Plaintiff Eric Roby. (Attachments: #1 Brief in Support of Motion to Certify, #2 Exhibit Roby Declaration, #3 Exhibit Todd Smith Declaration, #4 Exhibit Matt Bernath Declaration, #5 Exhibit Lawrence Barstow Declaration, #6 Exhibit Bradley Lines Declaration, #7 Exhibit Michael Royster Declaration, #8 Exhibit Michael Jackson Declaration, #9 Exhibit Fred Magee Declaration, #10 Exhibit Thomas Kovalski Declaration, #11 Exhibit Joseph Harthill Declaration, #12 Exhibit Dave Zupancic Declaration, #13 Exhibit Matt Conkey Declaration, #14 Exhibit Ashley Brian Declaration, #15 Exhibit Byron Brown Declaration, #16 Exhibit Roby Earnings Statement, #17 Exhibit Roby Earnings Statement, #18 Exhibit 12/7/17 Memo, #19 Exhibit 12/7/17 Memo)(Wido, Christopher) Modified text on 6/25/2018 (M, S).
May 30, 2018 Opinion or Order Filing 26 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 5/30/18. Discovery on going. Next Status Conference is set for 9/20/2018 at 9:00 AM in Chambers 15A before Judge Donald C. Nugent. Time: 20. (R,JM)
May 18, 2018 Opinion or Order Filing 25 Notice of Filing Consent to Sue by Ronald R. Szadkowski. filed by All Plaintiffs. (Attachments: #1 Exhibit Consent to Sue)(Wido, Christopher) Modified text on 5/18/2018 (M, S).
April 23, 2018 Opinion or Order Filing 24 Notice of Filing Consent to Sue by Willie Sturdivant filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
April 20, 2018 Opinion or Order Filing 23 Notice of Filing Consent to Sue by Michael Jackson filed by Eric Roby. (Attachments: #1 Consent to Sue)(Wido, Christopher)
April 18, 2018 Opinion or Order Filing 22 Notice of Filing Consent to Sue by Anthony Nocera filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
April 5, 2018 Opinion or Order Filing 21 Notice of Filing Consent to Sue by Matt Conkey filed by Eric Roby. (Attachments: #1 Consent to Sue)(Wido, Christopher)
April 5, 2018 Opinion or Order Filing 20 Notice of Filing Consent to Sue by Joseph Hartill filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
April 4, 2018 Opinion or Order Filing 19 Notice of Filing Consent to Sue by Michael Royster filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
March 21, 2018 Opinion or Order Filing 18 Notice of Filing Consent to Sue by Thomas Kovalski filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
March 21, 2018 Opinion or Order Filing 17 Notice of Filing Consent to Sue by Fred H. McGee Jr. filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
March 21, 2018 Opinion or Order Filing 16 Notice of Filing Consent to Sue by Michael Waddy filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
March 8, 2018 Opinion or Order Filing 15 Minutes of proceedings before Judge Donald C. Nugent of Case Management Conference held on 3/08/18. Case is assigned to the standard track. Next Status Conference is set for 5/30/2018 at 10:00 AM in Chambers 15A before Judge Donald C. Nugent.Time: 20 min. (R,JM)
March 6, 2018 Opinion or Order Filing 14 Notice of Filing Consent to Sue by Curtis Wilson filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
March 1, 2018 Opinion or Order Filing 13 Notice of Filing Consent to Sue by Todd Smith filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
March 1, 2018 Opinion or Order Filing 12 Notice of Filing Consent to Sue by Christopher Suhar filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
February 21, 2018 Opinion or Order Filing 11 Notice of Filing Consent to Sue by Douglas B. Yutzy filed by All Plaintiffs. (Attachments: #1Consent to Sue)(Wido, Christopher)
February 12, 2018 Opinion or Order Filing 10 Notice of Filing Consent to Sue by Brian Ashley filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
February 7, 2018 Opinion or Order Filing 9 Notice of Filing Consent to Sue by Kurt Reynolds filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher)
February 7, 2018 Opinion or Order Filing 8 Notice: Case Management Conference Scheduling Order with case management conference to be held on 3/8/2018 at 09:45 AM at Courtroom 15A before Judge Donald C. Nugent. Judge Donald C. Nugent 2/7/2018 (C,KA)
February 2, 2018 Opinion or Order Filing 7 Notice of Filing Consent to Sue by Dave Zupancic filed by All Plaintiffs. (Attachments: #1Consent to Sue)(Wido, Christopher) Modified on 4/18/2018 (M, S).
February 2, 2018 Opinion or Order Filing 6 Notice of Filing Consent to Sue by Matt Bernath filed by All Plaintiffs. (Attachments: #1 Consent to Sue)(Wido, Christopher) Modified on 4/18/2018 (M, S).
February 2, 2018 Opinion or Order Filing 5 Return of Service by Clerk by certified mail (4896) executed upon Lincoln Electric Company on 1/10/18, filed behalf of Eric Roby. Related document(s) #2 . (C,KA)
January 31, 2018 Opinion or Order Filing 4 Answer to #1 Complaint filed by Lincoln Electric Company. (Mersol, Gregory)
January 23, 2018 Opinion or Order Filing 3 Return of Service by Clerk by certified mail (4902) executed upon Lincoln Electric Company on 1/10/2018, filed on behalf of Eric Roby Related document(s) #2 . (C,KA)
January 9, 2018 Opinion or Order Service by Clerk. Summons and Complaint (2) addressed to Lincoln Electric Company, 70161370000133694902; and Lincoln Electric c/o Frederick Stueber, 4896 placed in U.S. Mail. Type of service: certified mail. (C,KA)
January 2, 2018 Opinion or Order Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Lincoln Electric Company. (Attachments: #1 Magistrate Consent Form) (S,SR)
January 2, 2018 Opinion or Order Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-8485455. Filed by Eric Roby. (Attachments: #1 Civil Cover Sheet, #2 summons) (Wido, Christopher)
January 2, 2018 Opinion or Order Judge Donald C. Nugent assigned to case. (S,SR)
January 2, 2018 Opinion or Order 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. (S,SR)

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Plaintiff: Eric Roby
Represented By: Christopher P. Wido
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Defendant: Lincoln Electric Company
Represented By: Carrie A. Valdez
Represented By: Gregory V. Mersol
Represented By: Jeffrey R. Vlasek
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