Shanahan v. KeyBank
| Daniel Shanahan, LeVora Addison, Alejandro Solano, Laurie Kielbania, Michael Alagich and Jamie Serow |
| KeyBank |
| 1:2019cv02477 |
| October 23, 2019 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| James S Gwin |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
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Filing 46
Judgment Entry: For the reasons set forth in the contemporaneously filed Final Order Approving Settlement, Plaintiffs' Unopposed Motion for Final Certification of the Settlement Class and Final Approval of the Class and Collective Action Settlement, Service Awards, Cy Pres Recipient, and Attorneys' Fees and Costs (Doc. No. #39 ) is GRANTED. The Settlement Agreement is hereby APPROVED as it is a fair and reasonable resolution of a bona fide dispute under federal and state law. The parties are to bear their respective attorneys' fees and costs except as provided in the Settlement Agreement. The Court retains jurisdiction over this action for the purpose of enforcing the settlement. This case is dismissed with prejudice. Entered by Judge Pamela A. Barker on 3/16/2021. (L,Ja)
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Filing 45
FINAL ORDER APPROVING SETTLEMENT: The Court approves Class Counsel's request for reimbursement of $5,655 in out-of-pocket costs to be paid from the Gross Settlement Fund. The Court finds that the requested reimbursement is for expenses that were incidental and necessary to the representation of Plaintiffs and the Settlement Class Members. The Court approves the payment of $42,000.00 out of the Global Settlement Fund to A.B. Data, Ltd. for its fees and costs as the Settlements third-party administrator. The Court dismisses this case with prejudice and directs the Clerk of the Court to enter this Final Order and Judgment immediately. As requested by the parties in the Settlement Agreement, the Court retains jurisdiction over the construction, interpretation, implementation, and enforcement of the Settlement and over the administration of settlement benefits. Entered by Judge Pamela A. Barker on 3/16/2021. (L,Ja)
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Order [non-document] The Court has reviewed and hereby approves the Revised Notices of Settlement Approval (Doc. No. #44 ) submitted by the parties on March 12, 2021. Entered by Judge Pamela A. Barker on 3/16/2021. (L,Ja)
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| Filing 44 Notice of Filing Revised Notices of Final Settlement Approval filed by LeVora Addison, Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan, Alejandro Solano. (Attachments: #1 Exhibit A - Revised Notice to Class Members, #2 Exhibit B - Redlined Notice to Class Members, #3 Exhibit C - Revised Notice to Collective Members, #4 Exhibit D - Redlined Notice to Collective Members)(Swartz, Justin) |
| Filing 43 Minutes of proceedings before Judge Pamela A. Barker. Fairness hearing on March 12, 2021. Class members were provided notice of the hearing and were permitted, along with members of the public, to participate yet no class members participated and/or raised an objection to the settlement. Counsel discussed the fairness and reasonableness of the settlement. At the conclusion of the hearing, the Court announced that it would take the matter under advisement pending the submission of revised Notices of Final Settlement and the Court's review thereof. (Court Reporter: Sarah Nageotte.)Time: 35 minutes.Related document(s) #39 . (L,Ja) |
| Filing 42 Proposed Order filed by Daniel Shanahan. Related document(s) #39 . (Attachments: #1 Proposed Order Redlined)(Swidler, Justin) |
| Minutes of proceedings[non-document] before Judge Pamela A. Barker on 3/11/2021. Telephone conference conducted. Participating on behalf of Plaintiffs were Justin Schwartz and Justin Swidler. Participating on behalf of Defendant was John Gerak. The Court and counsel discussed the three issues raised in this Court's March 11, 2021 Order. Consistent with this discussion, counsel for Plaintiffs will submit revised proposed Notices and a revised Proposed Order. The parties will have the opportunity at the Final Approval Hearing to further discuss and address the issues raised in the March 11, 2021 Order and discussed during the telephone conference (Court Reporter: None.)Time: 25 minutes. (L,Ja) |
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Filing 41
Order: The parties should be prepared to address the issues set forth in this Order during the March 12, 2021 Final Approval Hearing. Should the parties wish to discuss any of these issues with the Court prior to the hearing, they are encouraged to jointly contact Chambers at (216) 357-7240 to arrange a telephone conference. Entered by Judge Pamela A. Barker on 3/11/2021. (L,Ja)
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Order [non-document] granting Plaintiff's Motion to attend by telephone (Related Doc #40 ). The Court will provide Plaintiff's counsel, via email, instructions for accessing the conference call. Entered by Judge Pamela A. Barker on 3/9/2021.(L,Ja)
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| Filing 40 Unopposed Motion to attend Hearing by telephone filed by Plaintiff Daniel Shanahan. Related document(s) #37 . (Shavitz, Gregg) |
| Filing 39 Unopposed Motion for class certification (for settlement purposes), and final approval of class and collective action settlement, service awards, cy pres recipient, attorney's fees and costs filed by LeVora Addison, Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan, Alejandro Solano. (Attachments: #1 Brief in Support, #2 Declaration of Justin M. Swartz, Esq., #3 Proposed Order)(Miller, Matthew) |
| Filing 38 Unopposed Motion for leave to exceed page limitations for Memorandum in support of Motion for Final Approval of Settlement filed by LeVora Addison, Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan, Alejandro Solano. (Miller, Matthew) |
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Order [non-document] granting Plaintiff's Unopposed Motion for leave to exceed page limitations for Memorandum in support of Motion for Final Approval of Settlement (Related Doc #38 ). Entered by Judge Pamela A. Barker on 2/18/2021.(L,Ja)
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Filing 37
Order on preliminary approval of class action settlement, conditional certification of the settlement class. The Final Approval Hearing will be held on 3/12/2021 at 09:00 AM in Courtroom 16A before Judge Pamela A. Barker. Entered by Judge Pamela A. Barker on 12/3/2020. (L,Ja)
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| Filing 36 Notice of Filing Revised Documents pursuant to the Court's November 18, 2020 Order filed by All Plaintiffs. (Attachments: #1 Exhibit A, Revised Proposed Order, #2 Exhibit B, Revised Proposed Class Notice)(Miller, Matthew) |
| Minutes of proceedings[non-document] before Judge Pamela A. Barker. Telephone conference call held. Participating on behalf of Plaintiffs were Attorneys Matthew A. Miller and Hannah Cole-Chu, and participating on behalf of Defendant was Attorney John Gerak. The Court discussed with counsel for the parties questions it had associated with the Unopposed Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiffs' Counsel as Class Counsel, and Approval of the Notice and Class Action Settlement Procedure (Doc. No. #35 ), and exhibits attached thereto, including the Settlement Agreement, Proposed Class Action Notice, and Proposed Order. Based upon the questions posed and responses thereto by counsel for the parties, the Court instructed counsel as follows. By December 1, 2020, counsel for the parties are to file a revised Proposed Order that incorporates: 1.) an estimate of the reasonable costs and expenses they anticipate will be incurred; 2.) a more detailed explanation of how and when the 82 currently identified members of the FLSA collective will opt-in; 3.) the identities of the four individuals who, in addition to the six named plaintiffs, will apply for a service award of $10,000 and the bases for same; 4.) clarification that Plaintiffs' counsel will be submitting all timely submitted objections to the court; and 5.) a more thorough discussion about the Plaintiffs claims, the procedural background, the fairness of the proposed settlement, and the Rule 23 factors. Also, by December 1, 2020, counsel for the parties are to submit a revised Proposed Class Notice that includes the estimate of reasonable costs and expenses, and the amount of the service award for each of ten individuals who provided service in obtaining the settlement. Time: 40 minutes. (L,Ja) |
| IMPORTANT: Notice [non-document] of Status Conference set for 11/18/2020 at 09:00 AM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. (L,Ja) |
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Order [non-document] granting Plaintiffs' Unopposed Motion to exceed page limitations (Related Doc #34 ). Approved by Judge Pamela A. Barker on 11/9/2020.(S,SR)
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| Filing 35 Unopposed Motion for class certification (for settlement purposes), approval of class action settlement, appointment of Plaintiffs' Counsel as class counsel, and approval of proposed notice and class action settlement procedure filed by LeVora Addison, Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan, Alejandro Solano. (Attachments: #1 Brief in Support, #2 Declaration of Justin M. Swartz, Esq., #3 Proposed Order)(Miller, Matthew) |
| Filing 34 Unopposed Motion for leave to exceed page limitations for memorandum in support of Motion for Preliminary Approval of Settlement filed by LeVora Addison, Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan, Alejandro Solano. (Miller, Matthew) |
| Filing 33 Motion for attorney Justin M. Swartz to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10401942, filed by LeVora Addison, Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan, Alejandro Solano. (Attachments: #1 Declaration of Justin M. Swartz)(Swartz, Justin) |
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Order [non-document]granting Plaintiffs' Motion for appearance pro hac vice by attorney Justin M. Swartz for Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan and Alejandro Solano. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #33 ). Entered by Judge Pamela A. Barker on 11/6/2020.(L,Ja)
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| Filing 32 Unopposed Motion for attorney Gregg I. Shavitz to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10399893, filed by LeVora Addison, Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan, Alejandro Solano. (Attachments: #1 Exhibit A - Declaration of Gregg I. Shavitz in Support of Unopposed Motion for Pro Hac Vice)(Shavitz, Gregg) |
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Order [non-document] granting Plaintiffs' Motion for appearance pro hac vice by attorney Gregg I. Shavitz for LeVora Addison, Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan and Alejandro Solano. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #32 ). Entered by Judge Pamela A. Barker on 11/5/2020.(L,Ja)
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| Filing 31 Letter on Behalf of the Parties Requesting One Week Extension to File Motion for Preliminary Approval of the Settlement filed by LeVora Addison, Michael Alagich, Laurie Kielbania, Jamie Serow, Daniel Shanahan, Alejandro Solano. Related document(s) #30 . (Miller, Matthew) |
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Order [non-document] granting #31 Letter on Behalf of the Parties Requesting One Week Extension to File Motion for Preliminary Approval of the Settlement. Entered by Judge Pamela A. Barker on 10/30/2020. (L,Ja)
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| Filing 30 Minutes of proceedings before Judge Pamela A. Barker. Counsel for the parties confirmed what they represented in their status letter to the Court filed on October 26, 2020, specifically that the parties have reached a settlement - and the filing of the Second Amended Complaint was incident to that settlement - and they intend to file a motion seeking preliminary approval of the settlement by Friday, October 30, 2020. Time: 3 minutes. (L,Ja) |
| Filing 29 Letter Providing Joint Status Report filed by LeVora Addison, Daniel Shanahan. (Miller, Matthew) |
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Order [non-document] By a non-document order issued on October 19, 2020 the Court set a telephone status conference for October 28, 2020 at 2:30 p.m. since the stay of this matter expired on October 15, 2020. In anticipation of the status conference set for October 28, 2020, the parties are ordered to file a joint status report by 4:30 p.m. on October 26, 2020. Entered by Judge Pamela A. Barker on 10/21/2020. (L,Ja)
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| Filing 28 Second Amended complaint against KeyBank and adding new party plaintiff(s) Michael Alagich, Jamie Serow, Alejandro Solano, and Laurie Kielbania. Filed by Daniel Shanahan, LeVora Addison. (Attachments: #1 Exhibit Exhibit A - proposed Second Amended Complaint) (Miller, Matthew) |
| IMPORTANT: Notice [non-document] of Status Conference set for 10/28/2020 at 2:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. (L,Ja) |
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Filing 27
Marginal Entry Order: Stipulation to Withdraw Motion to Compel Arbitration Without Prejudice is approved. (Related Documents #26 and #16 ). Entered by Judge Pamela A. Barker on 9/3/2020. (L,Ja)
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| Filing 26 Stipulation to Withdraw Motion to Compel Arbitration Without Prejudice filed by KeyBank. Related Doc. #16 (Thrush, Corey) |
| Filing 25 Minutes of proceedings before Judge Pamela A. Barker. Telephone status conference held. Participating on behalf of Plaintiffs were Attorneys Matthew Miller and Justin Swidler, and participating on behalf of Defendant was Attorney John Gerak. The Court discussed with counsel for the parties their Joint Motion for Extension of Time until 10/15/2020 to Stay Proceedings filed on 8/24/2020 ("the Joint Motion") (Doc. No. #24 ), which constitutes their third request for an extension of the stay of proceedings previously granted. Counsel for the parties more fully apprised the Court of the bases of their request, and that they were working diligently to effectuate the tentative resolution reached at the mediation on July 8, 2020. The Court advised the parties that for good cause shown, their Joint Motion would be granted, and it is hereby GRANTED. The Court requested that counsel for the parties evaluate the potential of a stipulation being filed whereby Defendant's Motion to Compel Arbitration and Dismiss First Amended Complaint and Stay Discovery Until Motion to Compel is resolved filed on December 6, 2019 (Doc. No. #16 ) could be dismissed without prejudice and refiled if the tentative resolution is not finally effectuated. Counsel for the parties are advised to apprise the Court of their positions on this issue by September 4, 2020. Time: 10 minutes. (L,Ja) |
| IMPORTANT: Notice [non-document] of Telephone Conference set for 8/27/2020 at 02:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. (L,Ja) |
| Filing 24 Joint Motion for extension of time until 10/15/2020 to Stay Proceedings filed by LeVora Addison, Daniel Shanahan. (Miller, Matthew) |
| Filing 23 Joint Motion for extension of time until August 24, 2020 to Stay Proceedings filed by Defendant KeyBank. (Gerak, John) |
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Order [non-document] granting #23 Joint Motion for extension of time until August 24, 2020 to Stay Proceedings. Entered by Judge Pamela A. Barker on 8/10/2020.(L,Ja)
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| Filing 22 Joint Motion to extend stay of proceedings an additional ten days until 8/10/2020 filed by Defendant KeyBank. (Thrush, Corey) |
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Order [non-document] granting #22 Joint Motion to extend stay of proceedings an additional ten days until 8/10/2020. Entered by Judge Pamela A. Barker on 7/24/2020.(L,Ja)
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| Filing 21 Joint Motion to stay Proceedings Pending Mediation filed by Defendant KeyBank. (Thrush, Corey) |
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Order [non-document] granting Joint Motion to stay Proceedings Pending Mediation (Related Doc #21 ). Entered by Judge Pamela A. Barker on 4/9/2020.(L,Ja)
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| Filing 20 Notice of Filing Consent Form filed by Daniel Shanahan. (Attachments: #1 Consent Form)(Miller, Matthew) |
| Filing 19 Notice of filing consent form filed by Daniel Shanahan. (Attachments: #1 Consent form)(Miller, Matthew) |
| 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) |
| 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) |
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Order [non-document] Granting the defendant's Motion to stay (Related Doc #18 ). Judge Pamela A. Barker on 12/31/2019.(W,RA)
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| Filing 18 Joint Motion to stay (Extend Stay of Proceedings) filed by Defendant KeyBank. (Thrush, Corey) |
| Filing 17 Joint Motion to stay Proceedings filed by Defendant KeyBank. (Gerak, John) |
| Filing 16 Motion to Compel Arbitration and Dismiss First Amended Complaint and Stay Discovery Until Motion to Compel is Resolved filed by Defendant KeyBank. (Attachments: #1 Exhibit Affidavit of Jessika Poldruhi re Shanahan, #2 Exhibit Affidaivt of Jessika Poldruhi re Addison)(Gerak, John) |
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Order [non-document] granting Joint Motion to stay proceedings until 1/6/2020. (Related Doc #17 ). Entered by Judge Pamela A. Barker on 12/6/2019.(L,Ja)
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| Filing 15 Notice of Filing Consents to Join Lawsuit filed by Daniel Shanahan. (Attachments: #1 Consent Form)(Miller, Matthew) |
| Filing 14 First Amended Individual, Collective, and Class Action Civil Complaint against KeyBank and adding new party plaintiff(s) LeVora Addison. Filed by Daniel Shanahan, LeVora Addison. (Miller, Matthew) |
| Filing 13 Notice of Filing Consents to Join Lawsuit filed by Daniel Shanahan. (Attachments: #1 Consent Forms)(Miller, Matthew) |
| Filing 12 Notice of Filing Consents to Join Lawsuit filed by Daniel Shanahan. (Attachments: #1 Consent Forms)(Miller, Matthew) |
| Filing 11 Motion for attorney Manali Arora, Esq. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9648627, filed by Plaintiff Daniel Shanahan. (Attachments: #1 Affidavit of Manali Arora, Esq., #2 Proposed Order)(Miller, Matthew) |
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Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Manali Arora for Daniel Shanahan. 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #11 ). Signed by Judge Pamela A. Barker on 11/26/2019.(W,RA)
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| Filing 10 Notice of Filing Consents to Join Lawsuit filed by Daniel Shanahan. (Attachments: #1 Consent Forms)(Miller, Matthew) |
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Filing 9
Order GRANTING joint stipulation to set deadlines to respond.. Judge Pamela A. Barker on 11/13/2019. Plaintiff will file his opposition to Defendants Motion to Dismiss and Stay Discovery Until Motion to Compel #5 is Resolved on or before December 12, 2019; and Defendant will file its reply brief on or before December 26, 2019.(L,Ja)
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| Filing 8 Proposed Stipulation to Set Deadlines to Respond filed by Daniel Shanahan. (Attachments: #1 Proposed Order)Related document(s) #5 .(Miller, Matthew) |
| Filing 7 Attorney Appearance by Corey N. Thrush filed by on behalf of KeyBank. (Thrush, Corey) |
| Filing 6 Motion for attorney Justin L. Swidler, Esq. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9623292, filed by Plaintiff Daniel Shanahan. (Attachments: #1 Affidavit of Justin L. Swidler, Esq., #2 Proposed Order)(Miller, Matthew) |
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Order [non-document]granting Plaintiff's Motion for appearance pro hac vice by 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #6 ). Entered by Judge Pamela A. Barker on 11/12/2019.(L,Ja)
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| Filing 5 Motion to dismiss and Stay Discovery Until Motion to Compel is Resolved filed by Defendant KeyBank. (Attachments: #1 Exhibit Affidavit of Jessika Poldruhi)(Gerak, John) |
| Notice to Attorney Justin L. Swidler. 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. (O,K) |
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Filing 4
Order of Recusal signed by Judge James S. Gwin on 10/25/2019. This case is returned to the Clerk for reassignment to another judge (S,KM)
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| Judge Pamela A. Barker assigned to case, Judge James S. Gwin terminated. (B,R) |
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Order [non-document]granting Plaintiff's Motion for appearance pro hac vice by 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #2 ). Entered by Judge Pamela A. Barker on 10/25/2019.(L,Ja)
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| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon KeyBank. (Attachments: #1 Magistrate Consent Form) (S,AN) |
| Filing 2 Motion for attorney Matthew D. Miller to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660118397, filed by Plaintiff Daniel Shanahan. (Attachments: #1 Declaration, #2 Proposed Order)(S,AN) |
| Filing 1 Complaint and class action with jury demand against KeyBank. Filing fee paid $400.00. Receipt # 14660118368. Filed by Daniel Shanahan. (Attachments: #1 Summons, #2 Civil Cover Sheet) (S,AN) |
| Judge James S. Gwin assigned to case. (S,AN) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (S,AN) |
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