Garner v. Cleveland Clinic Foundation
Plaintiff: Deborah Garner
Defendant: Cleveland Clinic Foundation doing business as Cleveland Clinic
Case Number: 1:2023cv02258
Filed: November 21, 2023
Court: US District Court for the Northern District of Ohio
Presiding Judge: Christopher A Boyko
Nature of Suit: Labor: Fair Standards
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 19, 2024 Opinion or Order Order [non-document] The Court grants Defendant's Alternative Motion for Leave to File its Answer. (ECF #18 ). Defendant shall file its Answer within fourteen days after receipt of the Court's ruling on Defendant's pending Partial Motion to Dismiss. Judge Christopher A. Boyko on 1/19/2024.(L,Ja)
January 18, 2024 Filing 18 Alternative Motion for leave to File its Answer filed by Defendant Cleveland Clinic Foundation. Related document(s) #12 . (Anderson, Timothy)
January 18, 2024 Filing 17 Motion to dismiss for failure to state a claim filed by Defendant Cleveland Clinic Foundation. Related document(s) #12 . (Attachments: #1 Brief in Support)(Anderson, Timothy)
January 11, 2024 Filing 16 Supplement to Motion for attorney Christopher M. Timmel to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12342729, - Declaration for Pro Hac Vice, filed by Deborah Garner. Related document(s) #10 . (Timmel, Christopher)
January 11, 2024 Filing 15 Supplement to Motion for attorney Sara Sears to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12342730, - Declaration for Pro Hac Vice, filed by Deborah Garner. Related document(s) #11 . (Sears, Sarah)
January 9, 2024 Filing 14 Supplement to Motion for attorney Seth R. Lesser to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12342726, - Declaration for Pro Hac Vice, filed by Deborah Garner. Related document(s) #9 . (Lesser, Seth)
January 8, 2024 Opinion or Order Order [non-document] Based on the Plaintiff's filing of her First Amended Complaint on January 5, 2024, Defendant's partial Motion to Dismiss is denied as moot. (ECF #5 ). Defendants unopposed Motion For Leave to File an Answer is also denied as moot in light of Plaintiff filing her First Amended Complaint. (ECF #6 ). Finally, in light of the Courts mooting of Defendant's pending Motion to Dismiss, Plaintiff's Motion for Leave to Respond is moot. (ECF #13 ). Judge Christopher A. Boyko on 1/8/2024. (L,Ja)
January 5, 2024 Filing 13 Motion for leave to Respond to Defendant's Motion to Dismiss filed by Plaintiff Deborah Garner. (Winters, Ryan)
January 5, 2024 Filing 12 First Amended complaint against Cleveland Clinic Foundation. Filed by Deborah Garner. (Winters, Ryan)
January 5, 2024 Opinion or Order Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Seth R. Lesser for Deborah Garner. 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 #9 ). Judge Christopher A. Boyko on 1/5/2024.(L,Ja)
January 5, 2024 Opinion or Order Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Christopher M. Timmel for Deborah Garner. 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 #10 ). Judge Christopher A. Boyko on 1/5/2024.(L,Ja)
January 5, 2024 Opinion or Order Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Sarah Sears for Deborah Garner. 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 #11 ). Judge Christopher A. Boyko on 1/5/2024.(L,Ja)
January 4, 2024 Filing 11 Motion for attorney Sara Sears to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12342730, filed by Plaintiff Deborah Garner. (Attachments: #1 Exhibit Declaration of Sara Sears)(Scott, Joseph)
January 4, 2024 Filing 10 Motion for attorney Christopher M. Timmel to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12342729, filed by Plaintiff Deborah Garner. (Attachments: #1 Exhibit Declaration of Christopher M. Timmel)(Scott, Joseph)
January 4, 2024 Filing 9 Motion for attorney Seth R. Lesser to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12342726, filed by Plaintiff Deborah Garner. (Attachments: #1 Exhibit Declaration of Seth R. Lesser)(Scott, Joseph)
December 29, 2023 Filing 8 Notice of Transmittal of CMC Order to Defense Counsel filed by Deborah Garner. Related document(s) #4 .(Scott, Joseph)
December 22, 2023 Filing 7 Corporate Disclosure Statement filed by Cleveland Clinic Foundation. (Anderson, Timothy)
December 22, 2023 Filing 6 Motion for leave (Alternative) to File Its Answer filed by Defendant Cleveland Clinic Foundation. (Anderson, Timothy)
December 22, 2023 Filing 5 Motion to dismiss (Partial) Plaintiff's Complaint filed by Defendant Cleveland Clinic Foundation. (Attachments: #1 Brief in Support Memorandum in Support of Defendant's Partial Motion to Dismiss Plaintiff's Complaint)(Anderson, Timothy)
December 19, 2023 Filing 4 Notice of Case Management Conference with telephonic case management conference to be held on 1/31/2024 at 2:00 PM before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. The Court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. Parties shall be available by phone, if needed. (Attachments: #1 Ex A. Report of the Parties' Planning Meeting, #2 Ex B. Consent Package)(L,Ja)
December 12, 2023 Filing 3 Return of Service by Clerk by certified mail executed upon Cleveland Clinic Foundation on 12/4/2023. No delivery date on green card, date obtained from U.S. Postal Service website. Filed on behalf of Deborah Garner. Related document(s) #2 . (E,P)
November 28, 2023 Service by Clerk. Summons and Complaint addressed to Cleveland Clinic Foundation placed in U.S. Mail. Type of service: certified mail. Receipt # 7017 0660 0000 2729 5835. (F,AW)
November 21, 2023 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Cleveland Clinic Foundation. (Attachments: #1 Magistrate Consent Form) (R,AP)
November 21, 2023 Filing 1 Class Action and Collective Action Complaint with jury demand against Cleveland Clinic Foundation. Filing fee paid, $402.00. Receipt number AOHNDC-12283266. Filed by Deborah Garner. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit A - Consent Form Deborah Garner) (Winters, Ryan)
November 21, 2023 Judge Christopher A. Boyko assigned to case. (R,AP)
November 21, 2023 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (R,AP)

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Plaintiff: Deborah Garner
Represented By: Kevin M. McDermott, II
Represented By: Ryan A. Winters
Represented By: Joseph F. Scott
Represented By: Christopher M. Timmel
Represented By: Sarah E. Sears
Represented By: Seth R. Lesser
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Defendant: Cleveland Clinic Foundation doing business as Cleveland Clinic
Represented By: John W. Hofstetter
Represented By: Timothy S. Anderson
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