Wilken, et al. v. Automotive Component Holdings, et al
| Dave Wilken, Teresa Thomas, Virgil Rybczynski, David Schade, Sonny Barnes, George Keller, Leonard Playko, Mike Hungerford, Steve Wiedenheft, Ron Kraus, Pankaj Tanna, Keith Risner, Dan Schwerer, Gerald Moran, Ron Link, Larry Fox, Paul Morley, Chad Bansek, Charles Bickelhaupt, William Bolinger, Mike Williamson, Dave Ulmer, Isavelt Amison, Jerry Castle, Lacy Davis and John Wheeler |
| Automotive Component Holdings, LLC and Visteon Corporation |
| 3:2007cv03314 |
| October 25, 2007 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Erie |
| Jack Zouhary |
| Labor: Fair Standards |
| 15 U.S.C. § 2 (a) Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on June 2, 2009. A more recent docket listing may be available from PACER.
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Filing 66
Order staying case and statistically closing case, subject to reopening upon written motion of the plaintiff or any other proper party, after either a dismissal of the bankruptcy case, or the granting of relief from the stay imposed. Judge Jack Zouhary on 6/2/09. (G,D)
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| Filing 65 Notice of Filing Bankruptcy and Suggestion of Stay as to Defendants Visteon Corporation and Automotive Components Holdings LLC filed by all defendants. (Hoyt, Matthew) |
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Filing 64
Marginal Entry Order granting in part #63 Motion to Extend Deadlines. Dispositive Motions due by 6/5/09. Judge Jack Zouhary on 5/7/009.(S,Na)
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| Filing 63 Motion for extension of Dispositive Motion Deadline until 06/19/2009 filed by Automotive Component Holdings, LLC, Visteon Corporation. (Hoyt, Matthew) |
| Filing 62 Notice to take Deposition of Automotive Component Holdings, LLC on April 30, 2009 filed by all plaintiffs. (Murray, Dennis) |
| Filing 61 Notice to take Deposition of Sonny Barnes and George Keller on April 29, 2009 filed by all defendants. (Kalmink, Mary) |
| Minutes of proceedings [NON-DOCUMENT ENTRY] before Judge Jack Zouhary.Telephone Conference held on 4/9/09 re: discovery dispute. Time: 30 min. (B,CJ) |
| Filing 60 Notice to take Deposition of Gloria Miller on April 16, 2009 at 9:00 a.m. filed by all plaintiffs. (Timmerberg, James) |
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Filing 59
ORDER of Dismissal of claims of pltf Dave Wilken and Teresa Thomas against defts w/out prejudice pursuant to FRCP 41(a)(1) re #58 Each party to bear own costs. Judge Jack Zouhary on 4/6/09. (B,CJ)
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| Filing 58 Notice of Dismissal Under FRCP 41(a)(1) of Dave Wilken and Teresa Thomas filed by Dave Wilken, Teresa Thomas. (Murray, Dennis) |
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Filing 57
ORDER Phone Conference held on 4/2/09 re: pltf's counsel's motion to w/draw representation for pltfs Bansek & Williamson. The Court having previously dismissed pltf Bansek w/out prejudice, the Court dismisses pltf Mike Wililamson as party pltf w/out prejudice. Time: 15 min. (Mike Williamson terminated) Judge Jack Zouhary on 4/3/09. (Copy of order sent by regular mail to Pltf Williamson on 4/3/09 at 912 Kasper St. Port Clinton, OH 43452)(B,CJ)
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| Filing 56 Notice to take Deposition of Plaintiffs on filed by Visteon Corporation. (Kalmink, Mary) |
| Filing 55 Notice Regarding Attempts to Serve Notice of Court Order on Mike Williamson filed by Mike Williamson. (Murray, Dennis) |
| Filing 54 Notice of Service of Plaintiffs' Third Set of Request for Production of Documents Directed to Defendant Visteon filed by all plaintiffs. (Murray, Dennis) |
| Filing 53 Notice of Service of Plaintiffs' Second Set of Requests for Production of Documents Directed to Defendant Visteon Corporation filed by all plaintiffs. (Timmerberg, James) |
| Filing 52 Notice to take Deposition of Plaintiffs on filed by Automotive Component Holdings, LLC, Visteon Corporation. (Kalmink, Mary) |
| Filing 51 Notice to take Deposition of Defendant Visteon Corporation on April 17, 2009 filed by all plaintiffs. (Timmerberg, James) |
| Filing 50 Notice to take Deposition of on filed by all plaintiffs. (Timmerberg, James) |
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Filing 49
Order of voluntary dismissal of claims of pltfs Bickelhaupt, Hungerford, Risner & Davis. re #47 Judge Jack Zouhary on 2/18/09. (B,CJ)
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Filing 48
ORDER of voluntary Dismissal re #46 of the claims of Chad Bansek w/out prejudice, pursuant to FRCP 41(a)(1)(A)(ii). Judge Jack Zouhary on 2/18/09. (B,CJ)
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| Filing 47 Proposed Stipulation and Order for Dismissal With Prejudice for Plaintiffs Charles Bickelhaupt, Mike Hungerford, Keith Risner and Lacy Davis, Only filed by Automotive Component Holdings, LLC, Visteon Corporation. (Kalmink, Mary) |
| Filing 46 Proposed Stipulation to Voluntarily Dismiss the Claims of Chad Bansek without prejudice filed by Chad Bansek. (Murray, Dennis) |
| Filing 45 STIP & ORDER voluntarily dismissing claims of #44 pltfs John Wheeler, Ron Kraus, William Bolinger, Gerald Moran, Leonard Playko, Ron Link w/out prejudice,pursuant to FRCP 41(a)(1)(A)(ii). Judge Jack Zouhary on 2/3/09. (B,CJ) |
| Filing 44 Proposed Stipulation to dismiss claims of William Bolinger, Ron Kraus, Ron Link, Gerald Moran, Leonard Playko and John Wheeler filed by Leonard Playko, Ron Kraus, Gerald Moran, Ron Link, William Bolinger, John Wheeler. (Murray, Dennis) |
| Filing 43 Notice of Service of Motion to Withdraw, Memorandum in Support and Order Conditionally Granting Motion to Withdraw filed by Chad Bansek, Mike Williamson. Related document(s) #41 .(Murray, Dennis) |
| Filing 42 Marginal Entry Order conditionally granting pltf's Motion to withdraw as attorney on behalf of pltf's Chad Bansek and Mike Williamson upon the entry of appearance of new counsel on their behalf. Counsel shall serve a copy of this order upon these pltfs and file proof of service with the court. (Related Doc #41 ). Judge Jack Zouhary on 2/2/09.(B,CJ) |
| Filing 41 Motion by Murray & Murray Co., L.P.A. to withdraw as attorney for Chad Bansek and Mike Williamson filed by Chad Bansek, Mike Williamson. (Attachments: #1 Brief in Support, #2 Exhibit 1, Nov. 20, 2008 letter to Bansek, #3 Exhibit 2, Murray Affidavit, #4 Exhibit 3, Rice Affidavit, #5 Exhibit 4, Dec. 03 08 letter to Williamson)(Murray, Dennis) |
| Filing 40 TRIAL ORDER. Jury Trial set for 10/13/09 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary. Agreed stipulations of fact, trial briefs and motions in limine due two weeks before trial. Judge Jack Zouhary on 10/1/08. (S,Na) |
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Filing 39
SCHEDULING ORDER. Status Phone Conference held on 10/1/08. Discovery due by 5/1/09. Dispositive motions due by 5/20/09; opposition due by 6/15/09; reply due by 6/30/09. Plaintiffs' expert reports due by 6/1/09. Defendants' expert reports due by 7/15/09. Expert discovery due by 8/14/09. Jury Trial set for 10/13/09 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary. (15 min) Judge Jack Zouhary on 10/1/08. (S,Na)
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| Filing 38 Answer to #35 Amended complaint,, filed by Automotive Component Holdings, LLC, Visteon Corporation. (Kalmink, Mary) |
| Filing 37 Proposed Order Scheduling Order filed by all defendants. (Kalmink, Mary) |
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Filing 36
ORDER. Status Phone Conference held on 9/18/08. Scope of case has changed as some claimants are subject to arbitration. Parties granted until 9/26/08 to file a proposed Scheduling Order for Court's review. (15 min) Judge Jack Zouhary on 9/19/08. (S,Na)
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| Notice of Hearing [NON-DOCUMENT ENTRY] Telephone Conference set for 9/18/2008 11:00 AM to be held before Judge Jack Zouhary. (B,CJ) |
| Filing 35 First Amended complaint for damages against Automotive Component Holdings, LLC, Visteon Corporation, filed by David Schade, Sonny Barnes, George Keller, Leonard Playko, Mike Hungerford, Steve Wiedenheft, Ron Kraus, Pankaj Tanna, Keith Risner, Dan Schwerer, Gerald Moran, Ron Link, Larry Fox, Paul Morley, Chad Bansek, Charles Bickelhaupt, William Bolinger, Mike Williamson, Dave Ulmer, Isavelt Amison, Jerry Castle, Lacy Davis, Virgil Rybczynski, John Wheeler (Murray, Dennis) Modified on 9/12/2008 (C,D). |
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Filing 34
ORDER. Status Phone Conference held on 8/27/08. Defendant Visteon's Motion to stay (Related Doc #30 ) is denied as moot. Plaintiff granted until 9/10/08 to file Amended Complaint. Settlement Conference set for 9/4/08 is vacated. Judge Jack Zouhary on 8/28/08. (S,Na)
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| Minutes of proceedings [Non-Document Entry] before Judge Jack Zouhary. Status Phone Conference held on 8/27/08. (15 min) (S,Na) |
| Notice of Hearing [NON-DOCUMENT ENTRY] Telephone Conference set for 8/27/2008 02:00 PM in to be held telephonically before Judge Jack Zouhary. (B,CJ) |
| Filing 33 Notice of Withdraw of Motion to Issue Notice of Plaintiffs' Collective Action to Similarly Situated Maintenance and Production Supervisors at Automotive Component Holdings LLC's Sandusky Plant filed by all plaintiffs. Related document(s) #25 .(Murray, Dennis) |
| Filing 32 Response to #30 Motion to stay (Partial) of Litigation and to Compel Arbitration filed by all plaintiffs. (Murray, Dennis) |
| Filing 31 Opposition to #25 Motion for Issuance of Notice of Plaintiffs' Collective Action to Similarly Situated Maintenance and Production Supervisors at Automotive Component Holdings, LLC's Sandusky Plant filed by Automotive Component Holdings, LLC, Visteon Corporation. (Attachments: #1 Exhibit A Declaration of John Morgan, #2 Exhibit B, Declaration of Doug Shumaker, #3 Appendix Part 1, #4 Appendix Part 2)(Hoyt, Matthew) |
| Filing 30 Motion to stay (Partial) of Litigation and to Compel Arbitration filed by Defendant Visteon Corporation. (Attachments: #1 Exhibit 1 - Thomas Arbitration Agreement, #2 Exhibit 2 - Wilken Arbitration Agreement)(Kalmink, Mary) |
| Filing 29 Marginal Entry Order granting #28 joint Motion to Extend time until 8/1/08 to to file response to pltf's motion to issue notice. Judge Jack Zouhary on 7/25/08.(B,CJ) |
| Filing 28 Joint Motion for extension of To Respond To Plaintiffs' Motion to Issue Notice until 08/01/08 filed by Automotive Component Holdings, LLC, Visteon Corporation. Related document(s) #25 . (Hoyt, Matthew) |
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Filing 27
ORDER. Status Phone Conference held on 6/26/08. At request of counsel, Settlement Pretrial Conference set for 7/16/08 vacated and reset to 9/4/08 at 1:30 PM in Chambers 203 before Judge Jack Zouhary. Defendants also granted until 7/28/08 to file response to Plaintiff's Motion for Issuance. (15 min) Judge Jack Zouhary on 6/26/08. (S,Na)
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| Filing 26 Initial Disclosures FRCP 26(a)(1) filed by all defendants. (Kalmink, Mary) |
| Filing 25 Motion for Issuance of Notice of Plaintiffs' Collective Action to Similarly Situated Maintenance and Production Supervisors at Automotive Component Holdings, LLC's Sandusky Plant filed by Dave Wilken, Teresa Thomas, Virgil Rybczynski. (Attachments: #1 Proposed Order, #2 Brief in Support, #3 Exhibit 1, Affidavit of Teresa Thomas, #4 Exhibit 2, Affidavit of Dave Wilken, #5 Exhibit 3, Proposed Notice)(Murray, Dennis) (Motion w/drawn on 8/4/08, see Doc #33) Modified on 8/5/2008 (B,CJ). |
| Filing 24 Initial Disclosures filed by Dave Wilken, Teresa Thomas, Virgil Rybczynski. (Murray, Dennis) |
| Filing 23 Answer to #1 Complaint, and Affirmative Defenses filed by Visteon Corporation. (Kalmink, Mary) |
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Filing 22
Minute Order- Oral argument/Case Management Conference Order Conference held on 5/7/08. Standard Track assigned. Rule 26(a) disclosures set 5/30/08; Settlement Pretrial Conference set for 7/16/2008 at 10:00 AM in Chambers 203 before Judge Jack Zouhary. Lead counsel & parties or representatives to appear. Ex Parte statements to be sent to chambers at least three days prior. Parties to be Joined and Pleading Amendments due by 6/20/2008. Deft Visteon's Motion to dismiss is denied. #10 Court reporter: Tracy Spore. Signed by Judge Jack Zouhary on 5/7/08. (B,CJ)
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| Filing 21 Notice of Hearing - Hearing on motion to dismiss set for 5/6/2008 at 2:00 PM in Chambers 203 before Judge Jack Zouhary. (B,CJ) |
| Filing 20 Case Management Conference Scheduling Notice - case management conference to be held on 5/6/2008 at 2:00 PM at Chambers 203 before Judge Jack Zouhary. (Recommended Track: Standard) (B,CJ) |
| Filing 19 Sur-Reply to #10 Motion to dismiss filed by Dave Wilken, Teresa Thomas, Virgil Rybczynski. (Murray, Dennis) |
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Filing 18
Marginal Entry Order granting pltf's Motion for leave to file surreply instanter to deft's reply in support of motion to dismiss. (Related Doc #16 ) (Pltf shall immediately efile surreply). Signed by Judge Jack Zouhary on 4/10/08.(B,CJ)
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Filing 17
Order: Due to a possible conflict of interest by the undersigned, ordered that this case is returned to the Clerk for random reassignment to another District Judge in the Western Division of this Court. Case assigned to Judge Jack Zouhary for all further proceedings.. Signed by Judge James G. Carr on 4/9/2008. (S,AL)
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| Filing 16 Motion for leave to file surreply instanter to Defendant Visteon Corporation's reply in support of its motion to dismiss filed by Dave Wilken, Teresa Thomas, Virgil Rybczynski. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Murray, Dennis) |
| Filing 15 Reply to response to #10 Motion to dismiss filed by Visteon Corporation. (Hoyt, Matthew) |
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Filing 14
Order: Case Management Conference was held on 3/17/2008. Leave granted to Mary Kalmink, Esq. to appear pro hac vice, upon payment of fee. Case designated standard track. Further scheduling held in abeyance pending adjudication of motion to dismiss. Signed by Judge James G. Carr on 3/20/08. (S,JM)
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| Filing 13 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by Dave Wilken, Teresa Thomas, Virgil Rybczynski. (Murray, Dennis) |
| Filing 12 Opposition to #10 Motion to dismiss filed by Dave Wilken, Teresa Thomas, Virgil Rybczynski. (Murray, Dennis) |
| Notice of Hearing [non-document]. The time for the 3/17/08 case management conference has been rescheduled to 10:45 AM. before Judge James G. Carr. (S,JM) |
| Filing 11 Case Management Conference Scheduling Notice: case management conference to be held on 3/17/2008 at 02:00 PM at Chambers 210 before Judge James G. Carr. Recommended track: standard. (Attachments: #1 Magistrate Consent Form)(S,AL) |
| Filing 10 Motion to dismiss filed by Defendant Visteon Corporation. (Attachments: #1 Brief in Support)(Hoyt, Matthew) |
| Filing 9 Notice of Substitution of Counsel removing attorney James H. Irmen and adding attorney Ronald Linville and Matthew W. Hoyt filed by on behalf of Visteon Corporation. (Hoyt, Matthew) Modified on 2/11/2008 (G,D). |
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Filing 8
Marginal Order granting #7 Motion for Extension of Time to Answer: Visteon Corporation answer due 2/8/2008. Signed by Judge James G. Carr on 1/23/2008.(S,AL)
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| Filing 7 Motion for extension of time until February 8, 2008 to answer Complaint filed by Defendant Visteon Corporation. (Irmen, James) |
| Filing 6 Attorney Appearance by James H. Irmen filed by on behalf of Visteon Corporation. (Irmen, James) |
| Filing 5 Answer to #1 Complaint, filed by Automotive Component Holdings, LLC. (Hoyt, Matthew) |
| Filing 4 Waiver of Summons by Visteon Corporation returned. Waiver mailed on October 30, 2007 filed on behalf of Dave Wilken, Teresa Thomas, Virgil Rybczynski (Murray, Dennis) |
| Filing 3 Waiver of Summons by Automotive Component Holdings, LLC returned. Waiver mailed on October 30, 2007 filed on behalf of Dave Wilken, Teresa Thomas, Virgil Rybczynski (Murray, Dennis) |
| Filing 2 Notice of Magistrate Consent form issued to counsel. (B,T) |
| Filing 1 Complaint with jury demand against all defendants. Filing fee paid of $350.00, receipt number 2692310. Filed by Dave Wilken, Teresa Thomas and Virgil Rybczynski. (Attachments: #1 Civil Cover Sheet #2 Waiver of Service for Summons#3 Notice of Lawsuit)(Murray, Dennis) Modified on 10/25/2007 to edit (B, T). |
| Judge James G. Carr assigned to case. (M,C) |
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