Adames v. Ruth's Hospitality Group, Inc.
| Armani Adames |
| Ruth's Hospitality Group, Inc. doing business as Ruth's Chris Steak House |
| 1:2022cv00036 |
| January 7, 2022 |
| US District Court for the Northern District of Ohio |
| Charles Esque Fleming |
| Solomon Oliver |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.
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Filing 28
Reply to response to #19 Second Motion for class certification filed by Armani Adames. (Kapitan, Robert)
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Filing 27
Supplement to Response, - Defendant's Response to Plaintiff's Supplemental Brief, filed by Ruth's Hospitality Group, Inc.. Related document(s) #26 . (Attachments: #1 Exhibit A - Deposition Excerpts of Armani Adames, #2 Exhibit B - Declaration of Mark Nourjian)(Mersol, Gregory)
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Filing 26
Response to #19 Second Motion for class certification and #25 Supplemental Brief of Plaintiffs, filed by Ruth's Hospitality Group, Inc.. (Attachments: #1 Exhibit A - Deposition of Armani Adames Excerpts)(Mersol, Gregory)
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Filing 25
Supplemental Brief to Second Motion for class certification, filed by Armani Adames. (Related document(s) #19 ). (Attachments: #1 Exhibit Plaintiff's Discovery Requests, #2 Exhibit Defendant's Responses and Objections) (Kapitan, Robert)
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Filing 24
Order: The Court hereby orders the parties to submit supplemental briefs on Clarke's application to this matter and the collective Plaintiff seeks to certify. Plaintiff shall file a supplemental motion by August 4, 2023. Defendant shall file its supplemental response by August 18, 2023. Plaintiff shall file his supplemental reply, if any, by August 25, 2023. Judge Charles Esque Fleming on 7/6/2023. (S,SR)
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Filing 23
Notice of Authority filed by Ruth's Hospitality Group, Inc.. (Attachments: #1 Exhibit Sixth Circuit Court of Appeals Opinion Rendered May 19, 2023)(Mersol, Gregory)
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Filing 22
Order Staying Case. Judge Charles Esque Fleming on 5/16/2023. (S,SR)
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Filing 21
Address Change Notice for Hodges & Foty, LLP by Don J. Foty filed by on behalf of Armani Adames. (Foty, Don)
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Filing 20
Opposition to #19 Second Motion for class certification filed by Ruth's Hospitality Group, Inc.. (Attachments: #1 Exhibit A - Deposition of Armani Adames, #2 Exhibit B - Declaration of Mark Nourjian, #3 Exhibit C - Plaintiff's Proposed Notice with Mark-Up, #4 Exhibit D - Defendant's Proposed Notice)(Valdez, Carrie)
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Filing 19
Second Motion for class certification filed by Plaintiff Armani Adames. (Attachments: #1 Memorandum in Support, #2 Exhibit Adames Declaration, #3 Exhibit Austin Declaration, #4 Exhibit Penn Declaration, #5 Exhibit Penn Supp Declaration, #6 Exhibit Adames Supp Declaration, #7 Exhibit Austin Supp Declaration, #8 Exhibit Runner Job Description, #9 Exhibit Server Job Description, #10 Exhibit Runner Job Duties, #11 Exhibit Server Job Duties, #12 Exhibit FOH Duties, #13 Exhibit Employee List, #14 Exhibit Time Records, #15 Exhibit Judge Pearson Order, #16 Exhibit Proposed Text Notice, #17 Proposed Order, #18 Exhibit Proposed Notice)(Kapitan, Robert)
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Minutes of proceedings: [non-document] A Status Conference was held on October 11, 2022 at 11:30 AM via telephone to address a discovery dispute between the parties. Counsel present were Robert Kapitan (plaintiff) and Gregory Mersol (defendant). Plaintiff stated that Defendant has refused to produce certain documents in conditional certification discovery. Defendant, in turn, stated that Plaintiff has failed to produce his declarants for properly noticed depositions. This Court previously extended the conditional certification discovery deadline to September 21, 2022. Plaintiff waited until October 6, 2022 to bring his dispute to the Court, which is outside of the 10-day dispute window prescribed by Local Rule 37.1. Accordingly, Plaintiff's request pertaining to the documents is hereby DENIED. Defendant's request for depositions also falls outside of L.R. 37.1 requirements regarding discovery disputes. In addition, the Court is of the opinion that depositions of Plaintiff's declarants are unnecessary at the conditional certification stage. As such, Defendant's request pertaining to depositions of Plaintiff's declarants is hereby DENIED. The parties shall proceed with the Court's conditional certification briefing schedule and all other dates/deadlines in the case management order. (Court Reporter: none.) Time: 15 minutes. (S,SR)
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IMPORTANT: Notice: [non-document] Per request of the parties, a Telephonic Status Conference regarding discovery is set for 10/11/2022 at 11:30 AM. The parties shall submit a joint statement regarding the discovery dispute to the Court's courtroom deputy by 9:30am on 10/11/2022. (S,SR)
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Minutes of proceedings: [non-document] A Telephone Status Conference was held on 8/31/2022. Counsel present were Robert Kapitan (plaintiff) and Gregory Mersol (defendants). The parties indicated that there is no need to supplement pleadings. Class certification discovery is ongoing. The class certification discovery cutoff is hereby extended to September 21, 2022. Any motion to certify the class/collective shall be filed by October 14, 2022, with any responses due November 4, 2022. The parties are not mutually amenable to mediation prior to this Court's ruling on class/collective certification. The Court will set another status conference following such a ruling to revisit the topic of mediation. Plaintiff's counsel expressed a desire to file a motion to toll the statute of limitations applicable to this action, which Defendant opposes. Plaintiff shall file his motion to toll the statute of limitations no later than September 12, 2022. Defendants shall file their opposition to Plaintiff's motion to toll the statute of limitations by October 3, 2022. (Court Reporter: none.) Time: 15 minutes. (S,SR)
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Filing 18
Case Management Order/Minutes: Case Management Conference held on 6/28/2022. Attorney Robert Kapitan participated on behalf of the plaintiff and Attorney Gregory Mersol participated on behalf of the defendant. Case is assigned to the standard track. Telephonic Status Conference set for 8/31/2022 at 1:00 PM. See Order for additional information and requirements. (Court Reporter: none.) Time: 10 minutes. (S,SR)
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Filing 17
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Armani Adames. (Kapitan, Robert)
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Minutes of proceedings: [non-document] The Court held a case management conference on June 21, 2022. Attorney Robert Kapitan present on behalf of the plaintiff and Attorney Gregory Mersol present on behalf of the defendant. The Court indicated to the parties that it would like more detail in the Rule 26 report of the parties' planning meeting, specifically as to deadlines for discovery and motion practice as to collective action issues. The case management conference is continued to June 28, 2022 at 11:30 a.m. An updated planning meeting report is due by June 24, 2022 (Court Reporter: none.) Time: 10 minutes. (S,SR)
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Filing 16
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Armani Adames. (Kapitan, Robert)
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Order: [non-document] This matter is set for Case Management Conference on Tuesday, 6/21/2022. The parties were required to file their Report of the Planning Meeting 3 days before the Case Management Conference pursuant to the 5/19/2022 Case Management Order (ECF No. #13 ). The parties are directed to submit a Planning Report upon receipt of this Order. Judge Charles Esque Fleming on 6/17/2022. (S,SR)
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Filing 15
Order denying Plaintiff's Motion for class certification without prejudice (Related Doc #14 ). Judge Charles Esque Fleming on 6/16/2022.(S,SR)
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Filing 14
Motion for class certification filed by Plaintiff Armani Adames. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 Adames Declaration, #3 Exhibit 2 Austin Declaration, #4 Exhibit 3 Penn Declaration, #5 Exhibit 4 Limited Discovery, #6 Exhibit 5 Text Notice, #7 Exhibit 6 Proposed Order, #8 Exhibit 7 Opt In Notice)(Kapitan, Robert)
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Filing 13
Case Management Conference Scheduling Order with telephonic case management conference to be held on 6/21/2022 at 10:00 AM. Counsel will receive, via email, instructions on accessing the call prior to the conference. See Order for additional information and requirements. Judge Charles Esque Fleming on 5/19/2022. (Attachments: #1 Report of Parties' Planning Meeting)(S,SR)
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Filing 12
Marginal Order: Pursuant to Defendant's #10 Notice, #7 Motion to dismiss non-Ohio punitive collective action members' claims filed is hereby WITHDRAWN. Judge Charles Esque Fleming on 5/17/2022. (S,SR)
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Filing 11
Answer to #9 Amended complaint filed by Ruth's Hospitality Group, Inc.. (Mersol, Gregory)
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Filing 10
Notice Regarding Its Motion to Dismiss Non-Ohio Putative Collective Action Members' Claims (Dkt. 7) filed by Ruth's Hospitality Group, Inc.. Related document(s) #7 .(Valdez, Carrie)
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Filing 9
First Amended complaint against Ruth's Hospitality Group, Inc.. Filed by Armani Adames. (Kapitan, Robert)
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Case reassigned to District Judge Charles E. Fleming pursuant to General Order 2022-07. Related document(s) #7 . (H,JL)
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Filing 8
Corporate Disclosure Statement identifying Corporate Parent Ruth's Hospitality Group, Inc. for Ruth's Hospitality Group, Inc. filed by Ruth's Hospitality Group, Inc.. (Valdez, Carrie)
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Filing 7
WITHDRAWN, SEE DOC #12 Motion to dismiss non-Ohio punitive collective action members' claims filed by Defendant Ruth's Hospitality Group, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Declaration of Jana Basubas) (Valdez, Carrie) Modified on 5/17/2022 (S,SR).
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Filing 6
Answer to #1 Complaint, filed by Ruth's Hospitality Group, Inc.. (Valdez, Carrie)
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Order [non-document] granting Defendant's #5 Unopposed Motion for extension of time until 03/07/2022 to answer. Ruth's Hospitality Group, Inc. answer due 3/7/2022. Judge Solomon Oliver, Jr. on 2/14/2022.(R,Sh)
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Filing 5
Unopposed Motion for extension of time until 03/07/2022 to answer filed by Defendant Ruth's Hospitality Group, Inc. Related document(s) #1 . (Attachments: #1 Proposed Order). (Valdez, Carrie)
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Filing 4
Return of Service by Clerk, by certified mail, executed upon Ruth's Hospitality Group, Inc. on 1/24/2022, filed on behalf of Armani Adames. Related document(s) #2 . (M,KS)
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Service by Clerk. Summons and Complaint addressed to Ruth's Hospitality Group, Inc. c/o Statutory Agent placed in U.S. Mail. Type of service: certified mail. Receipt #7020 1290 0000 0869 2451. (R,AP)
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Filing 3
Attorney Appearance by Don J. Foty filed by on behalf of Armani Adames. (Foty, Don)
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Filing 2
Original Summons and Magistrate Consent Form issued to counsel for service upon Ruth's Hospitality Group, Inc. (Attachments: #1 Magistrate Consent Form) (V,AR)
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Filing 1
Complaint with jury demand against Ruth's Hospitality Group, Inc. Filing fee paid $ 402, Receipt number AOHNDC-11211855. Filed by Armani Adames. (Attachments: #1 Civil Cover Sheet, #2 Summons Ruth's Hospitality) (Kapitan, Robert)
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Judge Solomon Oliver, Jr assigned to case. (V,AR)
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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. (V,AR)
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