Chmura Economics & Analytics, LLC v. Lombardo
| Chmura Economics & Analytics, LLC |
| Richard Lombardo |
| 1:2020cv02804 |
| December 21, 2020 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Order [non-document] - As explained during the telephone conference with parties and counsel on January 4, 2021, the Court declines transfer of Counts II, III and VI of Defendant Lombardos counterclaim in E.D. Va. Case No. 3:19 cv 813. These claims are not related to the Courts collective FLSA action in Wilson v. Chmura Economics & Analytics, LLC, 1:20 cv 1971. Judge Dan Aaron Polster on 1/6/21. (P,R)
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| Filing 94 Minute Order of Telephone Conference held on 1/4/21. The Court hereby consolidates the First, Fourth and Fifth claims for relief asserted in Lombardo's Counterclaim filed in Chmura Economics & Analytics, LLC v. Richard Lombardo, E.D. Va., 3:19cv813 with Wilson v. Chmura Economics & Analytics, LLC, 1:20 cv 1971. Any filing in Chmura v. Lombardo, 1:20 cv 2804 must expressly reference Wilson v. Chmura Economics & Analytics, LLC, 1:20 cv 1971. Judge Dan Aaron Polster on 1/4/21. (P,R) |
| Filing 93 Attorney Appearance of Dianne V. Foley by Christine M. Cooper filed by on behalf of Richard Lombardo. (Cooper, Christine) |
| Filing 92 Motion by Thomas J. Powell to withdraw as attorney filed by Defendant Richard Lombardo. (Cooper, Christine) |
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Order [non-document] granting Motions for appearance pro hac vice by attorneys Rodney A. Satterwhite, Christopher M. Michalik and Heidi E. Siegmund for Chmura Economics & Analytics, LLC. 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 #89 , #90 , #91 ). Approved by Judge Dan Aaron Polster on 12/28/2020. (J,G)
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| Filing 91 Motion for attorney Heidi E. Siegmund to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10520742, filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit A - Declaration of Heidi E. Siegmund in Support of Motion for Admission Pro Hac Vice)(Leffler, Amanda) |
| Filing 90 Motion for attorney Christopher M. Michalik to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10520724, filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit A - Declaration of Christopher M. Michalik in Support of Motion for Admission Pro Hac Vice)(Leffler, Amanda) |
| Filing 89 Motion for attorney Rodney A. Satterwhite to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10520703, filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit A - Declaration of Rodney A. Satterwhite in Support of Motion for Admission Pro Hac Vice)(Leffler, Amanda) |
| Filing 88 Attorney Appearance of Amanda M. Leffler and David Sporar of Brouse McDowell, L.P.A. by Amanda M. Leffler filed by on behalf of Chmura Economics & Analytics, LLC. (Leffler, Amanda) |
| Notice [non-document] of Telephone Conference set for 1/4/2021 at 11:00 AM before Judge Dan Aaron Polster. (K,K) |
| Notice to Attorney Rodney A. Satterwhite. 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. (W,Jo) |
| Notice to Attorney Christopher Michael Michalik. 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. (W,Jo) |
| Notice to Attorney Heidi Siegmund. 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. (W,Jo) |
| Notice to Attorney Thomas J. Powell. 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. (W,Jo) |
| Filing 87 Magistrate Consent Form issued. (W,CM) |
| Filing 86 CASE TRANSFERRED IN from District of Virginia Eastern. Case number 3:19-cv-00813. Electronic file, transfer order and docket sheet received. |
| Judge Dan Aaron Polster assigned to case. (W,CM) |
| 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. (W,CM) |
| Copy of #87 Magistrate Consent Form and docket sheet mailed to Christopher Michael Michalik and Heidi Siegmund, McGuire Woods - Richmond, 800 East Canal Street, Richmond, VA 23219; Thomas J. Powell, The Law Offices of Thomas J. Powell, 3603-D Chain Bridge Road, Fairfax, VA 22030; and Christine Marie Cooper, Koehler Fitzgerald LLC., 1111 Superior Ave East, Ste 2500, Cleveland, OH 44114 on 12/21/2020. (W,CM) |
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Filing 85
ORDER that the MOTION TO SEVER AND TRANSFER DEFENDANT/COUNTERCLAIM-PLAINTIFF'S COUNTERCLAIM (ECF No. #69 ) filed by Richard Lombardo, defendant/counterclaim plaintiff is granted and that the counterclaim herein is severed from this case and shall be transferred to the United States District Court for the Northern District of Ohio upon condition that Lombardo asks the Court in Ohio to entertain MOTION OF DEFENDANT RICHARD LOMBARDO FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56 (ECF No. #40 ) as briefed and that Lombardo will not request nor participate in any additional discovery insofar as his counterclaim is concerned. Accordingly, the Clerk is directed to transfer DEFENDANT RICHARD A. LOMBARDO'S COUNTERCLAIM AGAINST PLAINTIFF CHURMA ECONOMICS & ANALYTICS, LLC (ECF No. #19 ) to the United States District Court for the Northern District of Ohio. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 12/18/2020. (sbea,) [Transferred from vaed on 12/21/2020.]
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| Filing 84 MEMORANDUM OPINION. See Opinion for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 12/18/2020. (sbea,) [Transferred from vaed on 12/21/2020.] |
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Filing 83
ORDER that that DEFENDANT RICHARD A. LOMBARDO'S MOTION TO FILE EXHIBITS UNDER SEAL (ECF No. #75 ) is granted and the requested exhibits (ECF No. #78 ) to the defendant's CORRECTED MEMORANDUM IN OPPOSITION TO PLAINTIFF AND COUNTERCLAIM DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF No. #74 ) are filed under seal; provided that appropriately redacted versions thereof are filed in the public record. See Order for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 12/18/2020. (sbea,) [Transferred from vaed on 12/21/2020.]
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| Filing 82 Corrected Reply Memorandum in Further Support re: #34 MOTION for Summary Judgment filed by Chmura Economics & Analytics, LLC. (Attachment: #1 Exhibit A). (Siegmund, Heidi). Modified docket entry on 12/15/2020. (walk, ) [Transferred from vaed on 12/21/2020.] |
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Filing 81
ORDER. This matter is before the Court on Plaintiff's Unopposed Motion for Leave to Exceed Page Limitation in its Corrected Reply Brief in Further Support of Motion for Summary Judgment (the "Motion"). For good cause shown, and on the representation that Defendant does not oppose the motion, it is hereby ORDERED that the Motion is GRANTED. IT IS THEREFORE ORDERED that Plaintiff shall be permitted to file a corrected reply brief in further support of its motion for summary judgment of up to thirty pages in length. IT IS SO ORDERED. Signed by Senior United States District Judge Robert E. Payne on 12/11/2020. (sbea,) [Transferred from vaed on 12/21/2020.]
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| Filing 80 Reply Memorandum re: #69 MOTION to Sever and Transfer Defendant/Counterclaim-Plaintiff's Counterclaim filed by Richard Lombardo. (Powell, Thomas). Modified docket entry on 12/10/2020. (walk, ). [Transferred from vaed on 12/21/2020.] |
| Filing 79 Consent MOTION for Leave to File Excess Pages in Corrected Reply Brief by Chmura Economics & Analytics, LLC. (Attachments: #1 Proposed Order). (Siegmund, Heidi). Modified docket entry on 12/09/2020. (walk, ). [Transferred from vaed on 12/21/2020.] |
| Filing 78 Sealed Attachment/Exhibit(s) re #75 MOTION to Seal Exhibits. (Attachments: #1 Exhibit Exhibit 1 to Declaration of Richard A. Lombardo, #2 Exhibit Exhibit X to Deposition of Dr. Christine Chmura, #3 Exhibit Exhibit AA to Deposition of Leslie Peterson, Vol. II)(Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 77 Notice of Under Seal Filing LCvR5 (B) by Richard Lombardo re #75 MOTION to Seal Exhibits (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 76 Memorandum in Support re #75 MOTION to Seal Exhibits filed by Richard Lombardo. (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 75 MOTION to Seal Exhibits by Richard Lombardo. (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 74 CORRECTED Memorandum in Opposition re: #34 MOTION for Summary Judgment of Chmura Economics & Analytics, LLC filed by Richard Lombardo. (Attachments: #1 Exhibit Exhibit A Leslie Peterson Deposition, Vol. II, #2 Exhibit Exhibit B Declaration of Richard Lombardo in Support of the Opposition, #3 Exhibit Exhibit C Christine Chmura Deposition, #4 Exhibit Exhibit D Declaration of Richard Lombardo, #5 Exhibit Exhibit E Admissions, #6 Exhibit Exhibit F Interrogatories, #7 Exhibit Exhibit G Declaration of Kyle West, #8 Exhibit Exhibit H Eli Auerbach Deposition, Vol. I, #9 Exhibit Exhibit I Eli Auerbach Deposition, Vol. II, #10 Exhibit Exhibit J Kyle West Deposition, #11 Exhibit Exhibit K Leslie Peterson Deposition, Vol. I, #12 Exhibit Exhibit L John Chmura Deposition, Vol. II). (Powell, Thomas). Modified docket entry on 12/07/2020. (walk, ) CORRECTED MEMORANDUM IN OPPOSITION TO PLAINTIFF AND COUNTERCLAIM DEFENDANTS MOTION FOR SUMMARY JUDGMENT [Transferred from vaed on 12/21/2020.] |
| Filing 73 Memorandum in Opposition re: #69 MOTION to Sever and Transfer Defendant/Counterclaim-Plaintiff's Counterclaim filed by Chmura Economics & Analytics, LLC. (Siegmund, Heidi). Modified docket entry on 12/10/2020. (walk, ). [Transferred from vaed on 12/21/2020.] |
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Filing 72
ORDER that for the reasons set forth on the record during the conference call on November 24, 2020, it is hereby ORDERED that: (please see Order for additional information.) (2) the trial scheduled for January 11, 2021 is continued generally; (3) argument on the PLAINTIFF AND COUNTERCLAIM DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF No. #34 ) will be heard on January 11, 2021 at 11:00 AM; and, (4) the hearing scheduled for January 11, 2021 will be held by video conference. Counsel will receive a Zoom invitation to this hearing. Members of the public who wish to attend the hearing remotely may contact the courtroom deputy (804-916-2228), one hour before the hearing at the latest, to receive information about how to access the Zoom conference. It is so ORDERED. Signed by District Judge Robert E. Payne on 12/01/2020. (walk, ) [Transferred from vaed on 12/21/2020.]
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| Set Hearing: Motion for Summary Judgment Hearing set for 1/11/2021 at 11:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) [Transferred from vaed on 12/21/2020.] |
| Minute Entry for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 11/24/2020. (Court Reporter Peppy Peterson, OCR.)(nbrow) [Transferred from vaed on 12/21/2020.] |
| Filing 71 TRANSCRIPT of proceedings held on June 3, 2020, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/21/2020. Redacted Transcript Deadline set for 1/21/2021. Release of Transcript Restriction set for 2/19/2021.(peterson, peppy) [Transferred from vaed on 12/21/2020.] |
| Filing 70 Memorandum in Support re: #69 MOTION to Sever and Transfer Defendant/Counterclaim-Plaintiff's Counterclaim filed by Richard Lombardo. (Attachments: #1 Exhibit 1 - Collective Action Complaint, #2 Exhibit 2 - Answer and Affirmative Defenses, #3 Exhibit 3 - Minute Order). (Powell, Thomas). Modified docket entry on 12/10/2020. (walk, ) [Transferred from vaed on 12/21/2020.] |
| Filing 69 MOTION to Sever and Transfer Defendant/Counterclaim-Plaintiff's Counterclaim by Richard Lombardo. (Powell, Thomas). Modified docket entry on 12/10/2020. (walk, ) [Transferred from vaed on 12/21/2020.] |
| Filing 68 MOTION to Sever , MOTION to Transfer Case by Richard Lombardo. (Attachments: #1 Exhibit Exhibit 1 - Collective Action Complaint, #2 Exhibit Exhibit 2 - Answer and Affirmative Defenses, #3 Exhibit Exhibit 3 - Minute Order)(Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Notice of Correction re #68 MOTION to Sever and Transfer Case. Notified filing attorney of proper procedure to file the Memorandum in Support of Motion as a separate docket event. (jtho, ) [Transferred from vaed on 12/21/2020.] |
| Filing 67 NOTICE of Filing of Redacted Exhibits by Chmura Economics & Analytics, LLC re: #38 Sealed Attachment/Exhibit(s). (Attachments: #1 Exhibit 34, #2 Exhibit 35). (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 66 Reply to Motion re #46 MOTION in Limine to Exclude an Offer Letter Dated January 25, 2019 and Related Testimony filed by Richard Lombardo. (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 65 Reply to Motion re #42 MOTION in Limine to Preclude Evidence, Questioning, or Argument Concerning any Subsequent Reclassification of its Account Managers filed by Chmura Economics & Analytics, LLC. (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 64 Reply to Motion re #44 MOTION in Limine to Exclude Evidence and Argument Regarding Damages Calculations Based on an Overtime Premium Rate Other Than One-Half the Regular Rate of Pay filed by Chmura Economics & Analytics, LLC. (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
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Filing 63
ORDER that having considered DEFENDANT RICHARD A. LOMBARDO'S MOTION TO FILE EXHIBITS UNDER SEAL (ECF No. #52 ), and the requirements of Local Civil Rule 5 and the decisions in Ashcraft, et al. v. Conoco, Inc., 218 F.3d 288 (4th Cir. 2000), In re Knight Publishing Co., 743 F.2d 231 (4th Cir. 1984) and Stone v. Univ. of Maryland, 855 F. 2d 178 (4th Cir. 1988) having been met, and the defendant asserting that the documents requested to be sealed are designated confidential under the STIPULATED PROTECTIVE ORDER (ECF No. #29 ) entered herein, it is hereby ORDERED that DEFENDANT RICHARD A. LOMBARDO'S MOTION TO FILE EXHIBITS UNDER SEAL (ECF No. #52 ) is granted and certain exhibits (ECF No. #55 ) to MEMORANDUM IN OPPOSITION TO PLAINTIFF AND COUNTERCLAIM DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF No. #51 ) are filed under seal; provided that appropriately redacted versions thereof are filed in the public record. It is so ORDERED.. Signed by District Judge Robert E. Payne on 06/08/2020. (walk, ) [Transferred from vaed on 12/21/2020.]
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Filing 62
ORDER that having considered PLAINTIFF AND COUNTERCLAIM DEFENDANT'S MOTION TO FILE EXHIBITS UNDER SEAL (ECF No. #36 ), and the requirements of Local Civil Rule 5 and the decisions in Ashcraft, et al. v. Conoco, Inc., 218 F.3d 288 (4th Cir. 2000), In re Knight Publishing Co., 743 F.2d 231 (4th Cir. 1984) and Stone v. Univ. of Maryland, 855 F. 2d 178 (4th Cir. 1988) having been met, it is hereby ORDERED that PLAINTIFF AND COUNTERCLAIM DEFENDANT'S MOTION TO FILE EXHIBITS UNDER SEAL (ECF No. #36 ) is granted and Exhibits 34 and 35 (ECF No. #38 ) to PLAINTIFF AND COUNTERCLAIM DEFENDANT'S MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT (ECF No. #35 ) are filed under seal; provided that appropriately redacted versions thereof are filed in the public record. It is so ORDERED. Signed by District Judge Robert E. Payne on 06/08/2020. (walk, ) [Transferred from vaed on 12/21/2020.]
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| Filing 61 Opposition to #45 Memorandum in Support, #44 MOTION in Limine to Exclude Evidence and Argument Regarding Damages Calculations Based on an Overtime Premium Rate Other Than One-Half the Regular Rate of Pay filed by Richard Lombardo. (Attachments: #1 Exhibit Department of Labor Final Rule)(Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 60 Opposition to #43 Memorandum in Support, #42 MOTION in Limine to Preclude Evidence, Questioning, or Argument Concerning any Subsequent Reclassification of its Account Managers filed by Richard Lombardo. (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 59 Reply to Motion re #40 MOTION for Partial Summary Judgment filed by Richard Lombardo. (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 58 REPLY to Response to Motion re #34 MOTION for Summary Judgment filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit A)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 57 RESPONSE in Opposition re #46 MOTION in Limine to Exclude an Offer Letter Dated January 25, 2019 and Related Testimony filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit 1)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
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Filing 56
ORDER that for the reasons set forth on the record during the June 3, 2020 conference call, it is hereby ORDERED that: (1) The Final Pretrial Conference is scheduled for 10:00 a.m. January 5, 2021; and (2) The jury trial is scheduled for 9:30 a.m. January 11, 2021. It is so ORDERED. Signed by District Judge Robert E. Payne on 06/04/2020. (walk, ) [Transferred from vaed on 12/21/2020.]
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| Set Hearings: Final Pretrial Conference set for 1/5/2021 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. Jury Trial set for 1/11/2021 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) [Transferred from vaed on 12/21/2020.] |
| Minute Entry for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 6/3/2020. (Court Reporter Peppy Peterson, OCR.) (nbrow) [Transferred from vaed on 12/21/2020.] |
| Filing 55 Sealed Exhibits re: #52 MOTION to Seal Exhibits re: #51 Memorandum in Opposition re: #34 MOTION for Summary Judgment. (Attachments: #1 Exhibit 1, #2 Exhibit X, #3 Exhibit AA). (Powell, Thomas). Modified docket entry on 06/01/2020. (walk, ). [Transferred from vaed on 12/21/2020.] |
| Filing 54 Notice of Under Seal Filing LCvR5 (B) by Richard Lombardo re: #52 MOTION to Seal Exhibits re: #51 Memorandum in Opposition re: #34 MOTION for Summary Judgment. (Powell, Thomas). Modified docket entry on 06/01/2020. (walk, ). [Transferred from vaed on 12/21/2020.] |
| Filing 53 Memorandum in Support re: #52 MOTION to Seal Exhibits re: #51 Memorandum in Opposition re: #34 MOTION for Summary Judgment filed by Richard Lombardo. (Powell, Thomas). Modified docket entry on 06/01/2020. (walk, ). [Transferred from vaed on 12/21/2020.] |
| Filing 52 MOTION to Seal Exhibits re: #51 Memorandum in Opposition re: #34 MOTION for Summary Judgment by Richard Lombardo. (Powell, Thomas) . Modified docket entry on 06/01/2020. (walk, ). [Transferred from vaed on 12/21/2020.] |
| Filing 51 Memorandum in Opposition re #34 MOTION for Summary Judgment filed by Richard Lombardo. (Attachments: #1 Exhibit Deposition Transcript of Leslie Peterson Volume II, Exhibit R and AA, #2 Exhibit Declaration of Richard A. Lombardo in Support of the Opposition to Chmura's Motion for Summary Judgment, #3 Exhibit Deposition Transcript of Christine Chmura, Exhibit X, #4 Exhibit Deposition Transcript of Eli Auerbach Volume II, Exhibit I, #5 Exhibit Deposition Transcript of Kyle West, #6 Exhibit Deposition Transcript of John Chmura, Volume II)(Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
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Filing 50
ORDER that upon consideration of the Parties' #48 Joint Motion (the "Motion") to Continue Pretrial Deadlines, and for good cause shown, it is hereby Ordered that the Motion is GRANTED. It is hereby ORDERED that the Final Pretrial Conference previously scheduled for June 24, 2020 is hereby CONTINUED until further Order. It is further ORDERED that all pretrial filing deadlines calculated based on the previously designated dates of the trial and Final Pretrial Conference are likewise CONTINUED until further Order, except that the Parties shall complete briefing on any motions already pending in accordance with the normal timelines set forth in the Local Rules and all prior Orders in this matter. It is so ORDERED. Signed by District Judge Robert E. Payne on 05/28/2020. (walk, ) [Transferred from vaed on 12/21/2020.]
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| Filing 49 Memorandum in Opposition re #40 MOTION for Partial Summary Judgment filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 48 Joint MOTION to Continue Pretrial Deadlines by Chmura Economics & Analytics, LLC. (Attachments: #1 Proposed Order)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 47 Memorandum in Support re #46 MOTION in Limine to Exclude an Offer Letter Dated January 25, 2019 and Related Testimony filed by Richard Lombardo. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 46 MOTION in Limine to Exclude an Offer Letter Dated January 25, 2019 and Related Testimony by Richard Lombardo. (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 45 Memorandum in Support re #44 MOTION in Limine to Exclude Evidence and Argument Regarding Damages Calculations Based on an Overtime Premium Rate Other Than One-Half the Regular Rate of Pay filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit 1)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 44 MOTION in Limine to Exclude Evidence and Argument Regarding Damages Calculations Based on an Overtime Premium Rate Other Than One-Half the Regular Rate of Pay by Chmura Economics & Analytics, LLC. (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 43 Memorandum in Support re #42 MOTION in Limine to Preclude Evidence, Questioning, or Argument Concerning any Subsequent Reclassification of its Account Managers filed by Chmura Economics & Analytics, LLC. (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 42 MOTION in Limine to Preclude Evidence, Questioning, or Argument Concerning any Subsequent Reclassification of its Account Managers by Chmura Economics & Analytics, LLC. (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 41 Memorandum in Support re #40 MOTION for Partial Summary Judgment filed by Richard Lombardo. (Attachments: #1 Exhibit Declaration of Kyle West, #2 Exhibit Declaration of Richard Lombardo, #3 Exhibit Chmura's Responses to Lombardo's First Requests for Admissions, #4 Exhibit Chmura's Responses to Lombardo's First Interrogatories)(Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 40 MOTION for Partial Summary Judgment by Richard Lombardo. (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 39 Memorandum in Support re #36 MOTION to Seal Exhibits to Summary Judgment filed by Chmura Economics & Analytics, LLC. (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 38 Sealed Attachment/Exhibit(s) re #36 MOTION to Seal Exhibits to Summary Judgment. (Attachments: #1 Exhibit 34, #2 Exhibit 35)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 37 Notice of Filing Sealing Motion LCvR5(C) by Chmura Economics & Analytics, LLC re #36 MOTION to Seal Exhibits to Summary Judgment (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 36 MOTION to Seal Exhibits to Summary Judgment by Chmura Economics & Analytics, LLC. (Attachments: #1 Proposed Order)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 35 Memorandum in Support re #34 MOTION for Summary Judgment filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Sealed Exhibit 34, #35 Sealed Exhibit 35). (Siegmund, Heidi). Modified docket entry on 05/18/2020. (walk, ). [Transferred from vaed on 12/21/2020.] |
| Filing 34 MOTION for Summary Judgment by Chmura Economics & Analytics, LLC. (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
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Filing 33
ORDER - THIS MATTER is before the Court on the Plaintiffs Consent Motion for Leave to Exceed Page Limitation in Its Brief in Support of Motion for Summary Judgment (the "Motion"). Upon consideration of the Motion, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. IT IS THEREFORE ORDERED that Plaintiff shall be permitted to file a brief in support of its motion for summary judgment of up to forty pages in length. Signed by District Judge Robert E. Payne on 05/08/2020. (smej, ) [Transferred from vaed on 12/21/2020.]
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Filing 32
ORDER - Upon consideration of the Parties' Joint Motion (the "Motion") to Extend Summary Judgment Deadline, and for good cause shown, it is hereby Ordered that the Motion is GRANTED. The Parties shall file their respective motions for summary judgment and accompanying briefs on or before May 15, 2020. The Parties shall file their respective response briefs on or before May 29, 2020 and their reply briefs on or before June 4, 2020. Signed by District Judge Robert E. Payne on 05/08/2020. (smej, ) [Transferred from vaed on 12/21/2020.]
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| Filing 31 Consent MOTION for Leave to File Excess Pages in Support of Summary Judgment by Chmura Economics & Analytics, LLC. (Attachments: #1 Proposed Order)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 30 Joint MOTION for Extension of Summary Judgment Deadline by Chmura Economics & Analytics, LLC. (Attachments: #1 Proposed Order)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
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Filing 29
STIPULATED PROTECTIVE ORDER re: #28 Joint Motion for Entry of Stipulated Protective Order (please see Stipulated Protective Order for additional information.) It is so ORDERED. Signed by District Judge Robert E. Payne on 03/17/2020. (Attachment: #1 Acknowledgment and Agreement to be Bound). (walk, ) [Transferred from vaed on 12/21/2020.]
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| Filing 28 JOINT MOTION for Entry of Stipulated Protective Order by Chmura Economics & Analytics, LLC. (Attachment: #1 Proposed Order Stipulated Protective Order)(Siegmund, Heidi). Modified docket text on 3/16/2020 (sbea, ) [Transferred from vaed on 12/21/2020.] |
| Filing 27 NOTICE by Richard Lombardo Regarding Mediation (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 26 NOTICE by Chmura Economics & Analytics, LLC Regarding Mediation (Satterwhite, Rodney) [Transferred from vaed on 12/21/2020.] |
| Filing 25 NOTICE of Appearance by Christopher Michael Michalik on behalf of Chmura Economics & Analytics, LLC (Michalik, Christopher) [Transferred from vaed on 12/21/2020.] |
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Filing 24
JURY INITIAL PRETRIAL ORDER. At a pretrial conference held on February 19, 2020, this action was set for trial by a jury on July 6, 2020, at 9:30 a.m. The Scheduling Order and Pretrial Schedule A previously issued in this action shall remain in effect. A Final Pretrial Conference will be conducted at 10:00 o'clock, a.m. on June 24, 2020, at which time trial counsel shall appear and present for entry a Final Pretrial Order setting forth: (See for complete details). It is so ORDERED. Signed by District Judge Robert E. Payne on 02/19/2020. (nbrow) [Transferred from vaed on 12/21/2020.]
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| Set Hearings: Final Pretrial Conference set for 6/24/2020 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. Jury Trial set for 7/6/2020 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) [Transferred from vaed on 12/21/2020.] |
| Minute Entry for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held on 2/19/2020. (nbrow) [Transferred from vaed on 12/21/2020.] |
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Filing 22
SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 01/31/2020. (Attachment: #1 Schedule A) (nbrow) [Transferred from vaed on 12/21/2020.]
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Filing 21
ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 2/19/2020 at 10:15 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 01/31/2020. (nbrow) [Transferred from vaed on 12/21/2020.]
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| Filing 20 ANSWER to Counterclaim re #19 Counterclaim, by Chmura Economics & Analytics, LLC. (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 19 COUNTERCLAIM against Chmura Economics & Analytics, LLC filed by Richard Lombardo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit). (Powell, Thomas). Modified docket entry on 12/26/2019. (walk, ). [Transferred from vaed on 12/21/2020.] |
| Filing 18 ANSWER to #12 Amended Complaint by Richard Lombardo. (Powell, Thomas). Modified docket entry on 12/26/2019. (walk, ). [Transferred from vaed on 12/21/2020.] |
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Filing 17
ORDER that the PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY (ECF No. #13 ) is granted and that the defendant shall, by December 30, 2019, respond to the discovery requests attached to the PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR EXPEDITED DISCOVERY (ECF No. #14 ) as Exhibit A, and counsel shall agree upon a schedule to take the defendant's deposition, which will be taken not later than January 15, 2020. It is further ORDERED that the facts and legal contentions are adequately presented in the materials before the Court and oral argument would not aid the decisional process. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 12/18/2019. (sbea, ) [Transferred from vaed on 12/21/2020.]
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Filing 16
ORDER that having reviewed the file herein and finding that, pursuant toFed. R. Civ. P. 15(a)(1)(B), the plaintiff filed its FIRST AMENDED COMPLAINT on December 9, 2019 (ECF No. #12 ), it is hereby ORDERED that the MOTION OF DEFENDANT RICHARD LOMBARDO TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) (ECF No. #9 ) is denied as moot. It is further ORDERED that the defendant shall file his Answer and any other motions with respect to the FIRST AMENDED COMPLAINT by December 23, 2019. It is so ORDERED. Signed by District Judge Robert E. Payne on 12/17/2019. (walk, ) [Transferred from vaed on 12/21/2020.]
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| Filing 15 RESPONSE in Opposition re: #13 MOTION for Expedited Discovery filed by Richard Lombardo. (Attachments: #1 Affidavit Exhibit 1 Declaration of Defendant, #2 Exhibit A Offer Letter, #3 Exhibit B Non-Compete, #4 Exhibit C Offer Letter Amendment, #5 Exhibit D Letter, #6 Exhibit E Email, #7 Exhibit F 10.21.19 Letter, #8 Exhibit G 10.31.19 Letter). (Powell, Thomas). Modified docket entry on 12/16/2019. (walk, ). [Transferred from vaed on 12/21/2020.] |
| Filing 14 Memorandum in Support re #13 MOTION for Discovery Motion for Expedited Discovery filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit A)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 13 MOTION for Discovery Motion for Expedited Discovery by Chmura Economics & Analytics, LLC. (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 12 AMENDED COMPLAINT against Richard Lombardo, filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit A)(Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
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Filing 11
ORDER GRANTING #8 Motion by Richard Lombardo for the Appearance of Christine M. Cooper, Esquire Pro Hac Vice. Signed by District Judge Robert E. Payne on 11/26/2019. (walk, ) [Transferred from vaed on 12/21/2020.]
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| Filing 10 Memorandum in Support re #9 First MOTION to Dismiss for Failure to State a Claim filed by Richard Lombardo. (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Filing 9 First MOTION to Dismiss for Failure to State a Claim by Richard Lombardo. (Powell, Thomas) [Transferred from vaed on 12/21/2020.] |
| Notice of Correction re: #7 First MOTION to Dismiss for Failure to State a Claim against Defendant Lombardo, #8 First MOTION for Leave to Appear for Defendant LombardoFirst Motion to appear Pro Hac Vice by Christine Marie Cooper and Certification of Local Counsel Thomas J. Powell Filing fee $ 75, receipt number 0422-6954747; Clerk notified filing attorney of proper procedures for submitting a "Memorandum in Support". Filing attorney was requested to re-file the Motion and Memorandum in Support with the memorandum linking back to the motion. Filing attorney was also notified or proper procedures for submitting a "Pro Hac Vice". No further action is required. (sbea, ) [Transferred from vaed on 12/21/2020.] |
| Filing 8 First MOTION for Leave to Appear for Defendant Lombardo, First Motion to appear Pro Hac Vice by Christine Marie Cooper and Certification of Local Counsel Thomas J. Powell Filing fee $ 75, receipt number 0422- 6954747 by Richard Lombardo. (Attachments: #1 Exhibit Application to Qualify as Foreign Attorney under Local Rule 83.1, #2 Proposed Order)(Powell, Thomas). [Transferred from vaed on 12/21/2020.] |
| Filing 7 DISREGARD - See Docket Entry #9 First MOTION to Dismiss for Failure to State a Claim against Defendant Lombardo by Richard Lombardo (Powell, Thomas). Modified docket text on 11/25/2019 (sbea, ). [Transferred from vaed on 12/21/2020.] |
| Filing 6 SUMMONS Returned Executed by Chmura Economics & Analytics, LLC Chmura Economics & Analytics, LLC served on 11/4/2019, answer due 11/25/2019 (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 5 Summons Issued as to Richard Lombardo. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (tjoh, ) [Transferred from vaed on 12/21/2020.] |
| Filing 4 NOTICE of Appearance by Heidi Siegmund on behalf of Chmura Economics & Analytics, LLC (Siegmund, Heidi) [Transferred from vaed on 12/21/2020.] |
| Filing 3 Financial Interest Disclosure Statement (Local Rule 7.1) by Chmura Economics & Analytics, LLC. (Satterwhite, Rodney) [Transferred from vaed on 12/21/2020.] |
| Filing 2 Proposed Summons by Chmura Economics & Analytics, LLC. (Satterwhite, Rodney) [Transferred from vaed on 12/21/2020.] |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6915267.), filed by Chmura Economics & Analytics, LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Satterwhite, Rodney) (Main Document 1 replaced on 10/31/2019) (tjoh, ). [Transferred from vaed on 12/21/2020.] |
| Initial Case Assignment to District Judge Robert E. Payne. (tjoh, ) [Transferred from vaed on 12/21/2020.] |
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