Miller v. University Hospitals et al
Plaintiff: Mark Miller
Defendant: University Hospitals, Sodexo Operations, LLC, Shannon Edwards, Andre Hunter and University Hospitals Cleveland Medical Center
Case Number: 1:2021cv01451
Filed: July 27, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: Dan Aaron Polster
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2661
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2021 Minutes of proceedings [non-document] On September 17, 2021, the Court conducted a Zoom case management conference attended by Plaintiff Mark Miller; plaintiff's counsel, John Burke, III; Defendant Andre Hunter, University Hospital representative, Sarah Stover, Sodexo representative, Jeffrey Spector; University Hospitals counsel, Andrea V. Arnold and David A. Campbell, III; and Sodexo's counsel, Corey N. Thrush. The Court discussed Mr. Brown's claims and gave the parties two weeks to determine whether Mr. Brown was on short-term leave when he was terminated. The attorneys must file a joint status report on or before 12:00 p.m., noon, on October 1, 2021 advising the Court what they have learned and how they propose to resolve the case. The Court will conduct a Zoom status conference on October 4, 2021 at 9:30 a.m. Counsel and parties are required to attend, and invitations will be sent at a later date. If Ms. Edwards is still on medical leave, she will be excused. (Court Reporter: n/a.) Time: 52 minutes. (K,K)
September 15, 2021 Filing 17 Initial Disclosures filed by University Hospitals Cleveland Medical Center. (Campbell, David)
September 15, 2021 Filing 16 Initial Disclosures filed by All Plaintiffs. (Burke, John)
September 15, 2021 Filing 15 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Burke, John)
September 15, 2021 Filing 14 Initial Disclosures filed by Shannon Edwards, Andre Hunter, Sodexo Operations, LLC. (Thrush, Corey)
September 14, 2021 Filing 13 Motion to dismiss count three without prejudice, filed by Plaintiff Mark Miller. Related document(s) #1 . (Burke, John)
September 14, 2021 Opinion or Order Order [non-document] Plaintiff's motion to dismiss Count Three [ECF Doc. #13 ] is GRANTED and Count III of plaintiff's complaint is hereby dismissed without prejudice. Defendants' motion for judgment on the pleadings [ECF Doc. #8 ] and motion to dismiss Count Three of Plaintiff's complaint [ECF Doc. #10 ] are hereby DENIED, as moot. Entered on behalf of Judge Dan Aaron Polster on 9/14/2021.(K,K)
September 2, 2021 Opinion or Order Order [non-document] Defendant Shannon Edwards has notified the Court that she will be unable to attend the September 17th case management conference due to medical leave. For this reason, her appearance has now been excused. Entered on behalf of Judge Dan Aaron Polster on 9/2/20201. (K,K)
September 1, 2021 Opinion or Order Order [non-document] denying Defendants' Unopposed Motion to excuse appearance of Individual Defendants from Case Management Conference (Related Doc #12 ). Entered on behalf of Judge Dan Aaron Polster on 9/1/2021.(K,K)
August 30, 2021 Filing 12 Unopposed Motion to excuse appearance of Individual Defendants from Case Management Conference filed by Shannon Edwards and Andre Hunter. (Related document(s) #9 ) (Thrush, Corey)
August 24, 2021 Filing 11 Answer to Complaint (Related Doc #1 ) filed by Shannon Edwards, Andre Hunter, Sodexo Operations, LLC. (Thrush, Corey)
August 24, 2021 Filing 10 Motion to dismiss count Three of Plaintiff's Complaint, with memorandum in support filed by Shannon Edwards, Andre Hunter, Sodexo Operations, LLC. (Thrush, Corey)
August 18, 2021 Opinion or Order Filing 9 Case Management Conference Scheduling Order with case management conference to be held on 9/17/2021 at 11:45 AM to be held by video conference (Cleveland) before Judge Dan Aaron Polster. Report of Parties' Planning Meeting due no later than 12:00 p.m. on 9/15/2021. Signed by Judge Dan Aaron Polster on 8/18/2021. (K,K)
August 17, 2021 Filing 8 Motion for judgment on the pleadings with memorandum in support filed by Defendant University Hospitals Cleveland Medical Center. (Attachments: #1 Exhibit 1 - Order from Wilson v. UH case) (Campbell, David)
August 17, 2021 Filing 7 Answer to Complaint with Jury Demand filed by University Hospitals Cleveland Medical Center. (Attachments: #1 Exhibit 1 - Application for Employment and offer of employment letter) (Campbell, David)
July 28, 2021 Filing 6 Unopposed Motion for extension of time until August 24, 2021 to answer Complaint filed by Shannon Edwards, Andre Hunter, Sodexo Operations, LLC. (Thrush, Corey)
July 28, 2021 Filing 5 Unopposed Motion for extension of time until August 17, 2021 to answer or otherwise plead filed by Defendant University Hospitals. (Campbell, David)
July 28, 2021 Filing 4 Attorney Appearance by David A. Campbell, III filed by on behalf of University Hospitals. (Campbell, David)
July 28, 2021 Filing 3 Corporate Disclosure Statement filed by University Hospitals. (Campbell, David)
July 28, 2021 Opinion or Order Order [non-document] granting Defendant's #5 Unopposed Motion for extension of time until August 17, 2021 to answer or otherwise plead. University Hospitals answer due 8/17/2021. Approved by Judge Dan Aaron Polster on 7/28/2021.(K,K)
July 28, 2021 Opinion or Order Order [non-document] granting Defendants' #6 Unopposed Motion for extension of time until August 24, 2021 to answer Complaint. Shannon Edwards, Andre Hunter, and Sodexo Operations, LLC answers due 8/24/2021. Approved by Judge Dan Aaron Polster on 7/28/2021.(K,K)
July 27, 2021 Filing 2 Corporate Disclosure Statement identifying Other Affiliate Sodexo, Inc. for Sodexo Operations, LLC filed by Sodexo Operations, LLC. (Thrush, Corey)
July 27, 2021 Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-21-949319 with jury demand, Filing fee paid $ 402.00, receipt number AOHNDC-10953963. Filed by Shannon Edwards, Sodexo Operations, LLC, Andre Hunter. (Attachments: #1 Exhibit State Court Filings, #2 Exhibit Notice of Filing Notice of Removal, #3 Civil Cover Sheet) (Thrush, Corey)
July 27, 2021 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,Ja)
July 27, 2021 Judge Dan Aaron Polster assigned to case. (L,Ja)

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Plaintiff: Mark Miller
Represented By: John F. Burke, III
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Defendant: University Hospitals
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Defendant: Sodexo Operations, LLC
Represented By: K. Ellen Toth
Represented By: Corey N. Thrush
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Defendant: Shannon Edwards
Represented By: K. Ellen Toth
Represented By: Corey N. Thrush
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Defendant: Andre Hunter
Represented By: K. Ellen Toth
Represented By: Corey N. Thrush
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Defendant: University Hospitals Cleveland Medical Center
Represented By: Andrea V. Arnold
Represented By: David A. Campbell, III
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