Lange, et al v. American Fluid Power, Inc., et al
| Albert McCarty and William Lange |
| American Fluid Power, Inc. and Robert B. Weltman |
| Keith Ashmus |
| 1:2021cv00707 |
| March 31, 2021 |
| US District Court for the Northern District of Ohio |
| Bridget Meehan Brennan |
| J Philip Calabrese |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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| IMPORTANT: Notice [non-document] of Evidentiary Hearing on October 27, 2022, beginning at 9:00 a.m. in Courtroom 15B, to resolve the parties' dispute as to the enforceability of a settlement agreement (Doc. Nos. #42 and #43 ). (V,AR) |
| Filing 44 Motion to Substitute Exhibit filed by American Fluid Power, Inc., Robert B. Weltman. Related document(s) #42 . (Attachments: #1 Proposed Order, #2 Exhibit 1 - 4.27.2022 Settlement Agreement Terms)(Pascoe, Michael) |
| Minutes of proceedings [non-document] before Judge Bridget Meehan Brennan. Status conference held in Chambers 15B on July 27, 2022. Attorneys Michael R. Briach and Stephen M. Bosak appeared on behalf of Plaintiffs. Attorneys Amy Berman Hamilton and Michael P. Pascoe appeared on behalf of Defendants. The Court heard from counsel for Plaintiffs and Defendants regarding the motion for approval of settlement (Doc. No. #42 ) - particularly their positions on whether the parties reached an agreement as to the amount associated with the pocket judgment noted on the term sheet. Mr. Pascoe provided another term sheet, similar to Exhibit 2 to Doc. No. #42 , that reflected additional signatures. The Court instructed that a copy be filed as a supplement to Defendants' motion for approval of settlement. The Court then informed counsel that it would give the parties 14 days to resolve this settlement dispute on their own. The Court explained that if the parties cannot reach an agreement within this time, it will schedule an evidentiary hearing. (Court Reporter: none.) Time: 20 minutes. (V,AR) |
| IMPORTANT: Notice [non-document] of Status Conference set for 7/27/2022 at 2:00 PM in Chambers 15B before Judge Bridget Meehan Brennan to address Defendants' Motion to Approve Settlement Agreement and Plaintiffs' opposition to said motion. (Doc. Nos. #42 & #43 .) (V,AR) |
| Filing 43 Opposition to #42 Motion to Approve Settlement Agreement filed by William Lange, Albert McCarty. (Bosak, Stephen) |
| Filing 42 Motion to Approve Settlement Agreement with memorandum in support filed by American Fluid Power, Inc., Robert B. Weltman. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Term Sheet, #3 Exhibit 3 - Confession of Judgment, #4 Exhibit 4 - Defendants' Stipulation of Dismissal with Prejudice and Proposed Order) (Pascoe, Michael) |
| Filing 41 Marginal Entry Order granting the Joint Motion for Extension of Time. (Doc. No. #40 .) The parties shall file the Proposed Stipulation and Order of Dismissal on or before June 10, 2022. Judge Bridget Meehan Brennan on 6/1/2022. (V,AR) |
| Filing 40 Joint Motion for extension of time to file proposed stipulation and order of dismissal until June 10, 2022 filed by William Lange, Albert McCarty. (Bosak, Stephen) |
| Filing 39 Marginal Entry Order granting Joint Motion for Extension of Time. (Doc. No. #38 .) Parties are granted an extension until May 27, 2022, to file a proposed and executed Stipulation and Order of Dismissal with prejudice. Judge Bridget Meehan Brennan on 5/13/2022. (V,AR) |
| Filing 38 Joint Motion for extension of time to file proposed stipulation and order of dismissal until May 27, 2022 filed by William Lange, Albert McCarty. (Bosak, Stephen) |
Filing 37
Order of Case Dismissal: On May 5, 2022, a Final Mediation Report was filed with the Alternative Dispute Resolution Department informing the Court that the parties had reached a settlement agreement on April 29, 2022. At that time, the parties were advised to file all necessary documentation with the Court within 14 days. Accordingly, the docket shall be marked "dismissed without prejudice." On or before May 13, 2022, the parties shall submit a proposed and executed Stipulation and Order of Dismissal with Prejudice, which, if approved, shall supersede this Order. Judge Bridget Meehan Brennan on 5/6/2022. (V,AR)
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| Final Mediation Report filed manually with Alternative Dispute Resolution (ADR) Department. Keith Ashmus, with the Law Firm HLP Offices, 200 Public Square, 28th Floor, Cleveland, OH 44114, served as Mediator in the within case. Mediation Conference was held on 4/29/2022, and as a result, the Mediation process is complete. The case settled. ADR Disposition Code: 26. Future ADR: N/A. (W,CM) |
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Order [non-document] granting Joint Motion for Extension of Time until April 27, 2022 to Conduct Mediation #36 . Judge Bridget Meehan Brennan on 4/4/2022. (V,AR)
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| Filing 36 Joint Motion for extension of time until April 27, 2022 to Conduct Mediation filed by William Lange, Albert McCarty, Counter-Defendant William Lange. (Bosak, Stephen) |
| Minutes of proceedings [non-document] before Judge Bridget Meehan Brennan. Telephonic Status Conference held on 3/02/2022 with Attorney Michael R. Briach participating on behalf of the plaintiffs and Attorney Michael B. Pascoe participating on behalf of the defendant. Parties advised the Court of the status of this case, including mediation. If mediation is unsuccessful, the parties are to advise the court immediately so that a status conference may be scheduled. (Court Reporter: None.) Time: 10 minutes. (R,AP) |
| Filing 35 Notice of Designation of Mediator. Mediator to schedule the Mediation Conference and file an electronic notice setting forth the date, time and location of the Mediation. Designated Mediator: Keith Ashmus. ADR Hearing to be scheduled on or before 4/1/2022. Report of Mediator Form to be manually filed with the ADR Department no later than 4/15/2022. Report of Mediator Form is attached to the Notice of Designation. (Attachments: #1 Report of Mediator Form)(W,CM) |
| Filing 34 Notice received from Third potential neutral regarding conflict. Neutral available: No. Related document(s) #30 . (W,CM) |
| Filing 33 Notice received from First potential neutral regarding conflict. Neutral available: Yes. Related document(s) #30 . (W,CM) |
| IMPORTANT: Notice [non-document] of Status Conference set for 3/2/2022 at 03:00 PM to be held telephonically before Judge Bridget Meehan Brennan. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Bridget Meehan Brennan at (216) 357-7200. (S,KM) |
| Filing 32 Notice received from Second potential neutral regarding conflict. Neutral available: Yes. Related document(s) #29 . (W,CM) |
| Filing 31 Notice sent to potential neutrals regarding conflict check. Neutral Response Form due by 3/1/2022. Related document(s) #30 . (Attachments: #1 Neutral Response Form)(W,CM) |
| Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. (S,HR) |
| Filing 30 Agreed Mediation Ranking Information Sheet Filed by William Lange, Albert McCarty(Briach, Michael) |
| Filing 29 Notice of Referral to Mediation. List of potential neutrals sent to parties. Agreed Mediation Ranking Sheet due by 2/18/2022. (Attachments: #1 Agreed Mediation Ranking Sheet, #2 List of Neutrals)(W,CM) |
| Filing 28 Proposed Stipulation for Referral to Mediation filed by William Lange, Albert McCarty. (Bosak, Stephen) |
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Order of Referral (non-document): to ADR for mediation. Pursuant to the parties' request and Local Rule 16.6, this matter is hereby REFERRED to the ADR Administrator for Mediation. This case is to be mediated at the earliest, mutually agreeable date. Judge J. Philip Calabrese ON 2/2/2022. (Y,A)
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Filing 27
Order: The Court GRANTS the parties' joint motion to extend the discovery deadline and sets the new deadline for March 31, 2022 (ECF No. 24]). The Court schedules a status conference by telephone for March 2, 2022 at 3:00 p.m. The Court will provide dial-in information beforehand. Judge J. Philip Calabrese on 11/22/2021. (Y,A)
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| Filing 26 Attorney Appearance by Royce R. Remington filed by on behalf of American Fluid Power, Inc., Robert B. Weltman. (Remington, Royce) |
| Filing 25 Attorney Appearance by Michael B. Pascoe filed by on behalf of American Fluid Power, Inc., Robert B. Weltman. (Pascoe, Michael) |
| IMPORTANT: Notice [non-document]: At the request of the parties, the Status Conference previously scheduled for November 23 at 1:00 p.m is CANCELLED. (Y,A) |
| Filing 24 Joint Status Report of the Parties filed by William Lange, Albert McCarty. (Bosak, Stephen) |
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Order [non-document]: For good cause shown, the Court GRANTS the motion to withdraw (ECF No. #23 ). The Court ORDERS Defendants to obtain new counsel as promptly as practicable and advises them that the law does not allow entities to represent themselves. As scheduled, the Court will hold an in-person status conference with the parties and their counsel on November 23, 2021 at 1:00 p.m. in Courtroom 16B, Carl B. Stoke U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio 44113. Judge J. Philip Calabrese on 10/12/2021.(Y,A)
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| Filing 23 Motion by James H. Grove and Amy Hamilton to withdraw as attorney filed by American Fluid Power, Inc., Robert B. Weltman. (Grove, James) |
| Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on September 22, 2021 at 1:00 p.m. Michael Briach and Stephen Bosak appeared for Plaintiffs; James Grove appeared for Defendants. The parties provided an update on the status of the case following the submission of their joint status report. The Court directed the parties to complete written discovery no later than October 29, 2021. The directs the parties to resolve any discovery disputes using the Court's Civil Standing Order and Local rule 37.1. The court further orders the parties to submit a joint status report by November 17, 2021. The Court will hold an in-person status conference with the clients on November 23 at 1:00 p.m. in Courtroom 16B, Carl B. Stokes U.S. Courthouse, 801 West Superior Avenue, Cleveland, OH 44113. Time: 30 minutes. (Y,A) |
| Filing 22 Joint Status Report of the Parties filed by William Lange, Albert McCarty. (Attachments: #1 Exhibit Certificate of Notice from US Bankruptcy Court, Northern District of Ohio)(Bosak, Stephen) |
| Filing 21 Answer to #20 Counterclaim filed by William Lange. (Bosak, Stephen) |
| Filing 20 Answer to #17 Amended complaint , Counterclaim against William Lange filed by Robert B. Weltman, American Fluid Power, Inc.. (Grove, James) |
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Order [non-document]: Defendants' motion for an extension to answer, move, or otherwise plead in response to the first amended complaint (ECF No. #19 is unopposed and granted. Defendants shall have until August 13, 2021 to respond to the first amended complaint. Judge J. Philip Calabrese on 7/30/2021. (Y,A)
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| Filing 19 Unopposed Motion for fourteen day extension of time, until August 13, 2021 leave to plead filed by American Fluid Power, Inc., Robert B. Weltman. (Grove, James) |
| Filing 18 Notice of Motion to Abandon Filing filed by William Lange, Albert McCarty. (Briach, Michael) |
| Filing 17 First Amended complaint against American Fluid Power, Inc., Robert B. Weltman. Filed by William Lange, Albert McCarty. (Bosak, Stephen) |
| Filing 16 Case Management Conference Plan/Order: The Court VACATES the partial stay (ECF No. #15 ) and, based on the parties Rule 26(f) Report and discussions during the July 6, 2021 telephone status conference, enters the following amended case management plan: this case is assigned to the standard track; the case is not referred to mediation or ADR at this time, but may be after discovery is complete; the parties do not consent to the jurisdiction of a United States Magistrate Judge under 28 U.S.C. 636(c); no protective order necessary at this time. The Court enters the following schedule: amended complaint due on or before July 16, 2021; Defendant to answer and/or counterclaim by Rule based on the amended complaint; motions to amend pleading or add parties due August 30, 2021; motions directed at pleadings due September 17, 2021; fact discovery deadline is December 31, 2021. The Court sets a telephone status conference for Wednesday, September 22, 2021 at 1:00 p.m. If this date and time do not work for counsel, they are to confer and propose three alternate dates and times both are available. One week prior to the telephone status conference, the parties are to submit a status report regarding issues to address during the call, including but not limited to the status of the bankruptcy proceeding and the status of discovery. Judge J. Philip Calabrese on 7/7/2021. (Y,A) |
| Minute Order [non-document]: This civil matter was before the Court for a telephone status conference on July 6, 2021. Michael Briach and Stephen Bosak appeared for Plaintiffs William Lange and Albert McCarty; James Grove appeared for Defendants American Fluid Power, Inc. and Robert Weltman. The parties advised the Court of the status of the case, including that of the bankruptcy proceedings involving Mr. Lange. Counsel for Mr. Lange represented that appropriate motions will be forthcoming in the bankruptcy proceeding for the trustee to confirm abandonment of the wage and hour claim. The Court ORDERS counsel for Mr. Lange to advise the Court by filing a notice if that motion has not been filed by July 21, 2021. If it is filed, counsel need not advise the Court. The parties agreed that, given the status of the bankruptcy case and proceedings there, it made sense to lift the stay in this case, which the Court will do by separate order. (ECF No. #15 .) Counsel for Plaintiffs indicated he intended to file a motion seeking leave to amend the complaint. The Court construed that as an oral motion, to which Defendants objected; the Court noted the objection, granted the oral motion for leave, and directed Plaintiffs to file an amended complaint on or before July 16, 2021. The parties also discussed a schedule for this matter, which the Court will enter according to the agreed-to sixty-day extension of the dates and deadlines provided in the parties' Rule 26(f) Report (ECF No. #11 .) Time: 30 minutes (Y,A) |
| Rule 502 Order [non-document]: The parties agree that under Rule 502(d) of the Federal Rules of Evidence, an inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege or protection in this or any other federal or state proceeding. (ECF No. #11 , PageID #156.) Judge J. Philip Calabrese on 7/7/2021. (Y,A) |
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Filing 15
Order: The Court GRANTS IN PART Defendant's suggestion and STAYS this action as it pertains to Mr. Lange, including his FLSA claims and any counterclaims or defenses Defendants may wish to assert against him. The Court DENIES IN PART Defendant's suggestion as it pertains to Mr. McCarty, who may pursue his claims now. Judge J. Philip Calabrese on 6/11/2021. (Y,A)
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| IMPORTANT: Notice [non-document]: Telephone Conference set for 7/6/2021 at 3:00 PM before Judge J. Philip Calabrese. The Court will provide counsel dial-in information prior to the conference. (Y,A) |
| Filing 14 Reply in Support of #8 Stay by American Fluid Power, Inc. and Robert Weltman filed by American Fluid Power, Inc., Robert B. Weltman. (Grove, James) |
| Filing 13 Notice of Provision of Response to Pre-Suit Demand filed by American Fluid Power, Inc., Robert B. Weltman. (Grove, James) |
| Filing 12 Response in Opposition to Defendants' Suggestion of Stay filed by William Lange, Albert McCarty. Related document(s) #8 . (Bosak, Stephen) |
| Minute Order [non-document]: This civil matter was before the Court for a case management conference on May 12, 2021. Michael R. Braich and Stephen M. Bosak appeared for Plaintiffs William Lange and Albert McCarty; James H. Grove appeared for Defendants American Fluid Power, Inc., and Robert Weltman. Counsel provided their respective views on the claims, defenses, and counterclaims at issue, as well as on what discovery needs to take place. The Court inquired about the adversary proceeding in Mr. Lange's bankruptcy filing and requested briefing on whether a stay is appropriate. The Court DIRECTS Plaintiffs to respond to Defendants' Suggestion of Stay (ECF No. #8 ) on or before May 26, 2021; Defendants to reply on or before June 2, 2021. The Court also DIRECTS Defendants to respond to Plaintiffs' pre-suit demand no later than the end of the month. SO ORDERED. Judge J. Philip Calabrese on 5/12/2021. Time: 35 minutes (Y,A) |
| Filing 11 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by William Lange, Albert McCarty. (Bosak, Stephen) |
| Filing 10 Acknowledgement of receipt of original state court record received on April 23, 2021 from Lorain County Court of Common Pleas. Related document(s) #7 . (L,Br) |
| Filing 9 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by American Fluid Power, Inc., Robert B. Weltman. (Grove, James) |
| Filing 8 Notice of Bankruptcy Filing and Suggestion of Stay filed by All Defendants. (Attachments: #1 Exhibit 1 Docket re Case 20-15121, #2 Exhibit 2 Chapter 7 Petition, #3 Exhibit 3 Complaint, #4 Exhibit 4 Docket Re: Case 21-01016)(Grove, James) |
| Filing 7 State court documents received from Lorain County Court of Common Pleas, case number 21CV202908. Original record returned to Lorain County Court with acknowledgement of receipt enclosed. (Attachments: #1 Letter to Lorain County Court, #2 Cover Letter) (L,Br) |
| Filing 6 Attorney Appearance by Michael R. Briach filed by on behalf of William Lange, Albert McCarty. (Briach, Michael) |
| Filing 5 Motion for extension of time until April 28, 2021 to answer complaint and Notice of Waiver of Service filed by American Fluid Power, Inc., Robert B. Weltman. (Grove, James) |
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Order [non-document]: Before the Court is unopposed motion of Defendants American Fluid Power, Inc. and Robert Weltman for an extension to move or plead in response to the complaint Plaintiffs Albert McCarty's and William Lange filed. (ECF No. #5 , PageID #40.) Counsel for Defendants states the matter was removed to this Court on March 31, 2021, despite service not being accomplished on all defendants, and that some served defendants did not waive service. (Id., PageID #42.) To streamline the litigation, however, American Fluid Power and Robert Weltman, to the extent they previously declined to do so, now waive service of summons and process and request a 21-day extension to answer or otherwise respond to the complaint. (Id.) Counsel for those Defendants represents that Plaintiffs' counsel does not oppose this extension. Based on the parties agreement, waiving of service, and for good cause, the Court GRANTS the motion (ECF No. #5 ). American Fluid Power Inc. and Robert Weltman are to answer or otherwise respond to the Complaint on or before April 28, 2021. SO ORDERED. Judge J. Philip Calabrese on 4/7/2021. (Y,A)
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| Filing 4 Case Management Conference Scheduling Order with case management conference to be held on 5/12/2021 at 2:00 PM in Chambers 16B before Judge J. Philip Calabrese. SO ORDERED. Judge J. Philip Calabrese on 4/5/2021. (Attachments: #1 Rule 26 Report of Parties) (Y,A) |
| Filing 3 Magistrate Consent Form issued. (M,MT) |
| Filing 2 Corporate Disclosure Statement filed by American Fluid Power, Inc. (Grove, James) |
| Filing 1 Notice of Removal from Lorain County Common Pleas, case number 21CV202908 with jury demand, Filing fee paid $402.00, receipt number AOHNDC-10753189. Filed by Robert B. Weltman, American Fluid Power, Inc. (Attachments: #1 Civil Cover Sheet , #2 Exhibit A- Lorain County Court of Common Pleas docket and Complaint, #3 Exhibit B- All process, pleadings and order served upon defendants) (Grove, James) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (M,MT) |
| Judge J. Philip Calabrese assigned to case. (M,MT) |
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