Traxler v. Myers Industries, Inc.
| Rebekah Traxler |
| Myers Industries, Inc. |
| 1:2020cv02514 |
| November 6, 2020 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2021. A more recent docket listing may be available from PACER.
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Filing 19
Order: The Court has reviewed the parties' filings and attached supporting documents, including the proposed settlement agreement and declarations from Plaintiff's counsel. The Court finds that the parties' settlement is fair and reasonable and satisfies the standard for approval under the Fair Labor Standards Act. Therefore, the Court approves the parties' settlement, dismisses Plaintiff's claims with prejudice, and enters final judgment. At the request of the parties, the Court retains jurisdiction over this action to enforce the terms of the settlement. Judge Pamela A. Barker on 7/19/2021. (P,K)
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| Filing 18 Supplemental Brief in Support of Joint Motion for approval of settlement filed by Rebekah Traxler. Related document(s) #17 . (Attachments: #1 Exhibit A, Declarations of M. Fradin and C. Bendau)(Bendau, Clifford) |
| Filing 17 Joint Motion to dismiss and to Approve Settlement filed by Defendant Myers Industries, Inc.. (Attachments: #1 Exhibit 1 - Settlement and Release Agreement)(Brosky, Gilbert) |
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Order [non-document] On July 7, 2021, the parties filed a Joint Motion for Approval of Settlement and Stipulation of Dismissal with Prejudice (Motion). (Doc. No. #17 .) Therein, the parties request that the Court approve their proposed settlement under the Fair Labor Standards Act as fair, adequate, and reasonable. However, the parties have not submitted sufficient support to allow the Court to adequately evaluate the proposed settlement. Therefore, within seven (7) days of the date of this order, the parties are ordered to supplement their Motion with additional information regarding the reasonableness of Plaintiff's counsel's attorney's fees and costs, including any documentation containing itemized hours and expenses, and additional information regarding why Plaintiffs recovery is adequate, such as whether it represents a substantial portion of what Plaintiff could have recovered had she prevailed on her wage and hour claims. Judge Pamela A. Barker on 7/7/2021. (P,K)
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Order [non-document] The Court has been advised by the parties that they have settled this matter. Therefore, all future scheduled dates are cancelled. The parties are ordered to file a motion for approval of settlement within 30 days of the date of this Order. Judge Pamela A. Barker on 6/10/2021. (P,K)
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| Filing 16 Joint Status Report Pursuant to the Court's May 10, 2021 Order filed by Myers Industries, Inc.. (Brosky, Gilbert) |
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Order [non-document] The parties' Stipulated Motion to Stay Deadlines (Doc. No. #15 ) is granted. The parties are ordered to file a joint status report every thirty (30) days regarding the status of their efforts at settlement, with the first status report due on June 9, 2021. Judge Pamela A. Barker on 5/10/2021.(P,K)
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| Filing 15 Stipulated Motion to stay deadlines filed by Plaintiff Rebekah Traxler. (Bendau, Clifford) |
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Filing 14
Case Management Conference Order: Case is assigned to the standard track.The parties will exchange the pre-discovery disclosures required by Fed. R. Civ. P. 26(a)(1) by March 15, 2021. The pleadings shall be amended without leave of Court and new parties shall be joined on or before April 23, 2021. Schedule for Conditional Class Certification, Opt-In Discovery, and Notice: Where parties are not in agreement regarding certification, the deadline for discovery regarding certification motions is May 31, 2021, including Plaintiffs deposition by April 30, 2021 and Defendants 30(b) deposition by May 15, 2021. Plaintiffs Motion for Certification is due June 30, 2021. Response shall be due no later than July 30, 2021. All other non-expert discovery shall be completed by October 29, 2021. Discovery shall be conducted according to the guidelines set forth in Local Rule 16.2 for cases assigned to this track. The Court directs the parties to comply with Local Rule 37.1 before filing any motions seeking aid from the Court in discovery matters. Expert discovery shall be completed by October 29, 2021. The party initially seeking to introduce expert testimony shall exchange his or her Expert Report on or before August 20, 2021. Responsive Expert Reports shall be exchanged on or before September 30, 2021. Dispositive Motions shall be filed on or before November 30, 2021. A telephonic status conference with lead counsel is set for September 15, 2021 at 1:30 p.m. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Entered by Judge Pamela A. Barker on 2/23/2021. (L,Ja)
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| Filing 13 Minutes of proceedings before Judge Pamela A. Barker. Case Management Conference conducted. Separate Case Management Conference Order to issue. (Court Reporter: None.)Time: 15 minutes. (L,Ja) |
| Filing 12 Report of Parties' Planning Meeting - filed by Rebekah Traxler. (Bendau, Clifford) |
| Filing 11 Magistrate Consent Package issued. (S,SR) |
| Filing 10 Attorney Appearance by Clifford P. Bendau, II filed by on behalf of Rebekah Traxler. (Bendau, Clifford) |
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Filing 9
Case Management Conference Scheduling Order with case management conference to be held on 2/23/2021 at 2:30 PM to be held telephonically. The Court will provide counsel, via email, instructions for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Signed by Judge Pamela A. Barker on 1/12/2021. (Attachments: #1 Report of the Parties Planning Meeting Class Action)(S,SR)
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| Filing 8 Corporate Disclosure Statement identifying Other Affiliate Patch Rubber Company, Other Affiliate Buckhorn, Inc., Other Affiliate Akro-Mills Division, Other Affiliate Ameri-Kart Inc., Other Affiliate Ameri-Kart (MI) Corp., Other Affiliate Buckhorn Services, Inc., Other Affiliate Buckhorn Canada Division, Other Affiliate Direct Source Supply, Inc., Other Affiliate Erie Island, LLC, Other Affiliate Jamco Products, Inc., Other Affiliate Kwik Patch Private Ltd., Other Affiliate MYEcap Financial Corp., Other Affiliate MYE Canada Operations Inc. (Canada), Other Affiliate Myers Tire Supply Division, Other Affiliate Myers Tire Supply Distribution, Inc., Other Affiliate Myers Tire-Supply.com, Inc., Other Affiliate Myers Tire Supply Canada Division, Other Affiliate Myers Tire Supply International, Other Affiliate Myers Tyre Supply India Limited, Other Affiliate Myers de El Salvador S.A. De C.V. (El Salvador), Other Affiliate Myers de Panama S.A. (Panama), Other Affiliate Myers TSCA, S.A. (Panama), Other Affiliate Myers Holdings Brazil LTDA, Other Affiliate Orientadores Comerciales S.A. (Guatemala), Other Affiliate Scepter Canada Inc., Other Affiliate Scepter US Holding Company, Other Affiliate Scepter Manufacturing LLC for Myers Industries, Inc. filed by Myers Industries, Inc.. (Brosky, Gilbert) |
| Filing 7 Answer to #1 Complaint, filed by Myers Industries, Inc.. (Brosky, Gilbert) |
| Notice by Clerk that Myers Industries, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (L,Ja) |
| Filing 6 Original Summons issued to counsel for service upon Myers Industries, Inc. (J,G) |
| Filing 5 Praecipe for issuance of Original Summons filed by Rebekah Traxler. Related document(s) #4 . (Fradin, Michael) |
| Filing 4 Proposed Summons for Myers Industries, Inc., filed by Rebekah Traxler. (Fradin, Michael) |
| Filing 3 Waiver of Service Returned Unexecuted as to Myers Industries, Inc., filed by Rebekah Traxler. filed on behalf of Rebekah Traxler (Fradin, Michael) |
| Filing 2 Magistrate Consent Form issued. Summons not provided, and were not issued. (L,MI) |
| Judge Pamela A. Barker assigned to case. (L,MI) |
| 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. (L,MI) |
| Filing 1 Class Action Complaint with jury demand against Myers Industries, Inc. Filing fee paid $ 400, Receipt number AOHNDC-10403846. Filed by Rebekah Traxler. (Attachments: #1 Exhibit A - Consent Form, #2 Civil Cover Sheet) (Fradin, Michael) |
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| Plaintiff: Rebekah Traxler | |
| Represented By: | Michael L. Fradin |
| Represented By: | Clifford P. Bendau, II |
| Represented By: | James L. Simon |
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| Defendant: Myers Industries, Inc. | |
| Represented By: | Gregory V. Mersol |
| Represented By: | Gilbert P. Brosky |
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