Dolan et al v. KEHE Food Distributors Inc
Plaintiff: Mark Walters and Barney Dolan
Defendant: Kehe Food Distributor's Inc.
Case Number: 3:2012cv01585
Filed: June 20, 2012
Court: US District Court for the Northern District of Ohio
Office: Toledo Office
County: Wayne
Presiding Judge: Jack Zouhary
Nature of Suit: Labor: Fair Standards
Cause of Action: 15 U.S.C. § 2
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on June 11, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 11, 2015 Filing 67 Dismissal Order. Record Hearing held on 6/11/2015. This Court finds the proposed Settlement Agreement to be fair, reasonable, and an adequate settlement of a bona fide dispute over the asserted Fair Labor Standards Act (FLSA) claims. The Joint Motion for Approval of Settlement (Doc. 326 in Case No. 13 CV 470) is granted. This case is dismissed without prejudice, and this Court shall retain jurisdiction to enforce the terms of the Settlement Agreement. Judge Jack Zouhary on 6/11/2015. (D,L)
June 1, 2015 Filing 66 Marginal Entry Order granting 324 Motion to Seal Motion to Approve 216(b) Settlement in case 3:12-cv-00470-JZ. Judge Jack Zouhary on 6/1/2015.Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
May 15, 2015 Opinion or Order Filing 65 ORDER. Phone Status held on 5/15/15. Plaintiffs' motion for approval of settlement due by 6/1/15, to be filed under seal. Defendant's supplemental brief due by 6/8/15. Telephone hearing on motion for approval set for 6/11/15 at 2:00 PM. Counsel may attend by calling the District Court conference line. (30 min) Judge Jack Zouhary on 5/15/15. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(S,Na)
May 14, 2015 IMPORTANT: Notice [non-document]. Phone Status now set for 5/15/2015 at 11:30 AM (not 1:30 PM) before Judge Jack Zouhary. Counsel instructed to call the District Court conference line. (D,L)
May 12, 2015 Opinion or Order Filing 64 ORDER. Court understands tentative settlement has been reached and, therefore, pending Motion to Decertify 302 is denied as moot without prejudice. Phone Status set for 5/15/15 at 1:30 PM before Judge Jack Zouhary. At that time, counsel instructed to call the District Court conference line. Judge Jack Zouhary on 5/12/15. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(S,Na)
May 7, 2015 Opinion or Order Filing 63 ORDER. Settlement Conference set for 5/8/15 at 1:00 PM in Chambers 318 before Magistrate Judge James Knepp. Lead Counsel to attend in person. A representative with full authority to negotiate and settle are to appear in person or be available by phone. Ex parte statements due 5/7/15 by 4:30 PM. Judge Jack Zouhary on 5/7/15. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(S,Na)
April 30, 2015 Opinion or Order Filing 62 Order re: Measure of FLSA Damages. Pending before Court is the parties' request to determine the appropriate method of calculating Plaintiffs' damages (Docs. 316 - 317 ). Regular rate of overtime compensation is determined by dividing each Plaintiff's weekly commission payments by the total number of hours worked. Judge Jack Zouhary on 4/30/2015. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
April 21, 2015 Filing 61 Marginal Entry Order granting 311 Motion for Leave to File Instanter Reply Memorandum in Support of Defendant's Motion for Decertification. Judge Jack Zouhary on 4/21/2015.Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
April 21, 2015 Opinion or Order Filing 60 ORDER. Phone Status held on 4/21/15. Court discussed with counsel pending Motion to Decertify and requested Plaintiffs supplement the record by 4/22/15 with legal authority for permitting a class of allegedly misclassified outside salesmen to proceed collectively following the second stage of class certification analysis. (15 min) Judge Jack Zouhary on 4/21/15. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(S,Na)
April 21, 2015 Opinion or Order Filing 59 Order granting 307 Plaintiffs' Motion for in camera inspection of documents. See Order for details. Judge Jack Zouhary on 4/21/2015. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
April 13, 2015 Opinion or Order Filing 58 ORDER. Court construes Plaintiffs' Motion for In Camera Inspection 307 as a motion to compel production of documents. Defendant shall file any opposition to the Motion and provide Chambers with a hard copy of documents for in camera review by 4/17/15. Judge Jack Zouhary on 4/13/15. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(S,Na) Modified restriction on 4/13/2015 (M,L).
April 9, 2015 Opinion or Order Filing 57 ORDER RE: TIME LIMITS. Voir Dire set for 6/8/15 at 1:00 PM with jury trial to follow until concluded. See Order for jury pool and time procedures. Final Pretrial Telephone Conference set for 5/26/15 at 2:00 PM (EDT). Judge Jack Zouhary on 4/9/15. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(S,Na)
April 9, 2015 Filing 56 JERS ORDER re procedures for submission of Exhibits to be used with JERS program. Judge Jack Zouhary on 4/9/15. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(S,Na)
April 9, 2015 Filing 55 TRIAL ORDER. Jury Trial set for 6/8/15 at 1:00 PM in Courtroom 209 before Judge Jack Zouhary. If case settles within 3 weeks of trial, $2,500 in court costs will be assessed against the parties absent a showing of good cause. Joint Statement, Voir Dire and Jury Instructions due 5/18/15. Motions in Limine due 5/11/15; opposition due 5/18/15; no replies. Motions will be ruled on in advance of trial. See attached Order with attachment re deposition testimony. Counsel shall file a complete written transcript of each deposition to be used at trial no later than 5/26/15. Objections will be ruled on in advance of trial. Counsel shall exchange exhibits and bring to court one set for use at trial. If a party will use realtime or order daily transcripts, the party shall provide court reporter with a second set of exhibits. Do not file exhibits with the Clerk of Courts. Counsel shall file a "List of Exhibits" consistent with the JERS CD. See JERS Order and deadline of 5/26/15. In order to facilitate the creation of an accurate Realtime record, counsel shall provide a "Notice to Court Reporter" by 5/26/15. Well in advance of trial, counsel should be trained and familiar with electronic presentation of evidence and use of courtroom equipment. Training on the eve of or during trial is not permitted. Judge Jack Zouhary on 4/9/15. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(S,Na)
April 9, 2015 Opinion or Order Filing 54 Order denying 296 Motion for leave to file motion for partial summary judgment. Judge Jack Zouhary on 4/9/2015. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
March 31, 2015 Opinion or Order Filing 53 Order denying 289 Motion for reconsideration. Judge Jack Zouhary on 3/31/2015. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
March 12, 2015 Filing 52 Marginal Entry Order granting 292 Motion for Leave to File Reply in support of 289 Motion for reconsideration of the Court's Order Tolling the Statute of Limitations. No further briefing. Judge Jack Zouhary on 3/12/2015.Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
February 9, 2015 Opinion or Order Filing 51 Order regarding Plaintiffs' Motion to Compel Production of Documents (Docs. 282 & 283 ). To the extent not already produced, defense counsel will provide information sufficient to calculate the hourly PTO or ABR for all plaintiffs. This prong of the Motion is denied as moot. Compensation records pre-dating 10/9/2010 are irrelevant to Plaintiffs' claim; this prong of the Motion is denied. Defendant's request for fees in opposing Plaintiffs' Motion is also denied. By agreement of counsel, Plaintiffs' Motion for Leave to File Second Amended Complaint 284 is granted. Judge Jack Zouhary on 2/9/2015. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
October 21, 2014 Opinion or Order Filing 50 Order re: Post-Appeal Motion to Toll the Statute of Limitations granting in part 226 Motion to Toll the Statute of Limitations in case 3:12-cv-00470-JZ. The statute is tolled for all current Plaintiffs and all potential Plaintiffs, with a final decision to be made if and when a party has opted in and Defendant chooses to raise the statute of limitations as an affirmative defense. The tolling period for all cases will be from the date of this Court's earlier Order -- 10/9/2013 -- which was ultimately reversed by the Court of Appeals. Judge Jack Zouhary on 10/21/2014. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
October 20, 2014 Filing 49 Marginal Entry Order denying 232 Defendant's Motion to strike Plaintiff's Notice of Supplemental Authority. Judge Jack Zouhary on 10/20/2014. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
October 14, 2014 Filing 48 Motion to strike plaintiff's notice of supplemental authority filed by Defendant KeHE Distributors. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(Lewis, Matthew)
October 3, 2014 Filing 47 Marginal Entry Order granting 223 Motion to consolidate cases (Doc. 223 in case 12 CV 470; Doc. #45 in case 12 CV 1585; Doc. #32 in case 12 CV 2861). Judge Jack Zouhary on 10/3/2014. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
October 2, 2014 Filing 46 FILING ERROR - TO BE REFILED AS DOC #47 - Motion to consolidate cases filed by Barney Dolan, Mark Walters. Related document(s) #45 . (Bunda, Robert) Modified to note error on 10/2/2014 (L,A).
September 26, 2014 Filing 45 Motion to consolidate cases filed by Barney Dolan, Mark Walters. (Bunda, Robert)
September 22, 2014 Opinion or Order Filing 44 Scheduling Order on Remand. See Order for deadlines. Judge Jack Zouhary on 9/22/2014. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
October 9, 2013 Filing 43 Judgment Entry: This Court having contemporaneously filed its Memorandum Opinion and Order ( 212 in 3:12 CV 470), orders Defendant's Motion for Summary Judgment ( 203 in 3:12 CV 470) is granted. No other claims remaining, this Court enters final judgment for Defendant and orders this case dismissed. Judge Jack Zouhary on 10/9/2013. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
October 9, 2013 Filing 42 Marginal Entry Order denying as moot ( 210 in 3:12 CV 470) Motion for Extension of Time. Judge Jack Zouhary on 10/9/2013. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
October 9, 2013 Filing 41 Memorandum Opinion and Order granting Defendant's Motion for Summary Judgment ( 203 in 3:12 CV 470) and entering final judgment in favor of Defendant. Defendant's Motion to Exclude Plaintiffs' Expert ( 205 in 3:12 CV 470) is also granted. Judge Jack Zouhary on 10/9/2013. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
August 7, 2013 Opinion or Order Filing 40 Order. Status Phone Conference held on 8/6/2013. In the interest of judicial economy and efficiency, Case Nos. 12 CV 470 and 12 CV 1585 are consolidated with Case No. 12 CV 2861, Case No. 12 CV 470 being the lead case and all documents shall be filed under that case. Defendant shall file its brief by 8/15/2013; Plaintiffs shall respond by 8/30/2013, Defendant may reply by 9/10/2013. See order for other details. Judge Jack Zouhary on 8/7/2013. (15 min)Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ, 3:12-cv-02861-JZ(D,L)
July 8, 2013 Filing 39 Stipulation & Order re 198 (in 3:12 CV 470) Stipulated Discovery Order. Judge Jack Zouhary on 7/8/2013. (D,L)
June 19, 2013 Filing 38 **FILED IN ERROR - SEE LEAD CASE**Notice of Service of Request for Admission to Christine Hodson filed by Kehe Food Distributor's Inc.. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ(Wagoner, Mark) Modified on 7/5/2013 (L,V).
September 24, 2012 Filing 37 Proposed Stipulated Protective Order filed by Barney Dolan, Brion P. Haley, KeHE Distributors, Thomas E Killion, Mark Walters, Barney Dolan, Kehe Food Distributor's Inc., Mark Walters. (Rosemeyer, Jonathan) Modified on 9/25/2012 to edit text (B,TM).
August 3, 2012 Filing 36 Memorandum Opinion and Order that plaintiffs' motion to void [doc #5] (12cv1585) is denied and KeHE's Motion to strike [doc #70] (12cv470) is granted. Judge Jack Zouhary on 8/3/12. Associated Cases: 3:12-cv-00470-JZ, 3:12-cv-01585-JZ(R,Ci)
June 29, 2012 Opinion or Order Filing 35 Order Status Conference held on 6/29/12 Time: 45 Minutes. Pursuant to agreement of counsel, and in the interest of judicial economy and efficiency, Case Nos. 12 CV 470 and 12 CV 1585 are consolidated. ALL DOCUMENTS SHALL BE FILED UNDER CASE 12CV470. Telephone Conference set for 7/27/2012 at 09:30 AM in Courtroom 209 before Judge Jack Zouhary. See order for full details. Judge Jack Zouhary on 6/29/12. (C,D)
June 29, 2012 Opinion or Order Filing 34 Order Denying as Moot (Re: #10 ) MOTION to Dismiss Rule 23 Class Allegations From Plaintiffs' Verified Complaint. Judge Jack Zouhary on 6/29/12. (C,D)
June 28, 2012 Filing 33 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Jonathan E. Rosemeyer for Kehe Food Distributor's Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #30 ) Judge Jack Zouhary on 6/28/12.(C,D)
June 28, 2012 Filing 32 Marginal Entry Order granting Motion for appearance pro hac vice by Cardelle B. Spangler Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #29 ). Judge Jack Zouhary on 6/28/12.(C,D)
June 25, 2012 Opinion or Order Filing 31 Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Jack Zouhary for all further proceedings as a related case to 12cv470, Killion v. HEHE Food. Judge James G. Carr on 6/25/2012. (S,AL)
June 25, 2012 Judge Jack Zouhary assigned to case. Judge James G. Carr terminated. (M,L)
June 21, 2012 Filing 30 Motion for attorney Jonathan E. Rosemeyer to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5421754, filed by Defendant Kehe Food Distributor's Inc.. (Attachments: #1 Affidavit of Jonathan E. Rosemeyer)(Wagoner, Mark)
June 21, 2012 Filing 29 Motion for attorney Cardelle B. Spangler to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5421740, filed by Defendant Kehe Food Distributor's Inc.. (Attachments: #1 Affidavit of Cardelle B. Spangler)(Wagoner, Mark)
June 21, 2012 Filing 28 Attorney Appearance by Mark D. Wagoner, Jr and Nicholas T. Stack filed by on behalf of Kehe Food Distributor's Inc.. (Wagoner, Mark)
June 21, 2012 Notice to Attorney Randall A. Pentiuk. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.5 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 6/21/2012. (P,G)
June 21, 2012 Notice to Attorney Kerry L. Morgan. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.5 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 6/21/2012. (P,G)
June 21, 2012 Notice to Attorney Cardelle B. Spangler. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.5 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 6/21/2012. (P,G)
June 20, 2012 Filing 27 Magistrate Consent Form issued. (S,He)
June 20, 2012 Filing 26 CASE TRANSFERRED IN from District of Michigan Eastern. Case number 4:12-cv-10910. Electronic file, transfer order and docket sheet received.
June 20, 2012 Judge James G. Carr assigned to case. (S,He)
June 20, 2012 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Vernelis K. Armstrong. (S,He)
June 19, 2012 Opinion or Order Filing 25 ORDER TRANSFERRING CASE to Northern District of Ohio. Signed by District Judge Mark A. Goldsmith. (DWor) [Transferred from mied on 6/20/2012.]
June 19, 2012 Filing 24 STIPULATION of Transfer (Joint) by KEHE Food Distributors Inc (Spangler, Cardelle) [Transferred from mied on 6/20/2012.]
June 19, 2012 TEXT-ONLY NOTICE: The Telephonic Status Conference set for 6/20/2012 is CANCELLED. **Case is being transferred** (Goltz, D) [Transferred from mied on 6/20/2012.]
June 13, 2012 Minute Entry - Telephonic Scheduling Conference not held, Telephonic Status Conference held on 6/13/2012 before District Judge Mark A. Goldsmith. (Telephonic Status Conference set for 6/20/2012 @ 9:30 AM before District Judge Mark A. Goldsmith). KERRY L. MORGAN, ATTORNEY FOR PLAINTIFF, SHALL INITIATE THE CALL. Disposition: Motion to transfer case filed. Status conference to be set regarding opposition of the motion. (Goltz, D) [Transferred from mied on 6/20/2012.]
June 12, 2012 Filing 23 MOTION to Transfer Case Under First to File Rule or Transfer Venue Under 28 U.S.C. 1401(a) by KEHE Food Distributors Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1- Complaint in Killion v. KeHE Distributors, LLC, #3 Exhibit 2- Plaintiffs' Motion for Order, #4 Exhibit 3- Motion to Conditionally Certify Collective Class Action, #5 Exhibit 4- Complaint in Dolan v. KeHE Food Distributors, Inc., #6 Exhibit 5- Amended Complaint in Dolan, #7 Exhibit 6- Plaintiffs' Motion for Order, #8 Exhibit 7- Unpublished Opinions Cited in Defendant's Brief) (Spangler, Cardelle) [Transferred from mied on 6/20/2012.]
June 11, 2012 Filing 22 AMENDED ANSWER to Complaint #18 Amended Complaint with Affirmative Defenses by KEHE Food Distributors Inc. (Spangler, Cardelle) [Transferred from mied on 6/20/2012.]
June 7, 2012 Reset Deadlines/Hearings: Telephonic Scheduling Conference reset for 6/13/2012 @ 11:00 AM **TIME CHANGE ONLY** before District Judge Mark A. Goldsmith (Goltz, D) [Transferred from mied on 6/20/2012.]
June 5, 2012 Reset Deadlines/Hearings: Telephonic Scheduling Conference reset for 6/13/2012 @ 10:00 AM **AT THE REQUEST OF COUNSEL FOR PLAINTIFF** before District Judge Mark A. Goldsmith (Goltz, D) [Transferred from mied on 6/20/2012.]
June 1, 2012 Reset Deadlines/Hearings: Telephonic Scheduling Conference reset for 6/11/2012 @ 2:30 PM before District Judge Mark A. Goldsmith. (Goltz, D) [Transferred from mied on 6/20/2012.]
May 29, 2012 Filing 21 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Pentiuk, Randall) [Transferred from mied on 6/20/2012.]
May 23, 2012 Filing 20 REPLY to Response re #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law filed by All Plaintiffs. (Attachments: #1 Exhibit Attachment 1 pp 1 - 13, #2 Exhibit Attachment 1 pp 14 - 26) (Pentiuk, Randall) [Transferred from mied on 6/20/2012.]
May 23, 2012 Filing 19 RESPONSE to #10 MOTION to Dismiss Rule 23 Class Allegations From Plaintiffs' Verified Complaint filed by All Plaintiffs. (Pentiuk, Randall) [Transferred from mied on 6/20/2012.]
May 23, 2012 Filing 18 AMENDED COMPLAINT FIRST filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Pentiuk, Randall) [Transferred from mied on 6/20/2012.]
May 22, 2012 Opinion or Order Filing 17 STIPULATED ORDER Granting Extension for Plainitffs to File Plaintiffs' Reply and Filing of First Amended Complaint re #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law, (Responses due by 5/23/2012, Amended Complaint due by 5/29/2012). Signed by District Judge Mark A. Goldsmith. (Goltz, D) [Transferred from mied on 6/20/2012.]
May 8, 2012 Set Deadlines/Hearings: Telephonic Scheduling Conference reset for 6/4/2012 @ 4:30 PM **TIME CHANGE ONLY** before District Judge Mark A. Goldsmith (Goltz, D) [Transferred from mied on 6/20/2012.]
May 7, 2012 Opinion or Order Filing 16 ORDER TO PARTICIPATE IN TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for 6/4/2012 @ 11:00 AM before District Judge Mark A. Goldsmith. KERRY L. MORGAN, ATTORNEY FOR PLAINTIFF, SHALL INITIATE THE CALL. SEE NOTICE FOR MORE INFORMATION. (Goltz, D) [Transferred from mied on 6/20/2012.]
May 4, 2012 Filing 15 RESPONSE to #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law filed by KEHE Food Distributors Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1- Declaration of Griselda Rodriguez, #3 Exhibit 2- Unreported Decisions Cited in Defendant's Response) (Spangler, Cardelle) [Transferred from mied on 6/20/2012.]
May 2, 2012 Reset Deadlines/Hearings as to #10 MOTION to Dismiss Rule 23 Class Allegations From Plaintiffs' Verified Complaint, #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law. Motion Hearing reset for 7/12/2012 @ 1:30 PM **AT THE REQUEST OF COUNSEL** before District Judge Mark A. Goldsmith (Goltz, D) [Transferred from mied on 6/20/2012.]
May 1, 2012 Opinion or Order Filing 14 STIPULATED ORDER Granting Defendant an Extension of Time to Respond to Plaintiff's #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law, (Responses due by 5/4/2012) Signed by District Judge Mark A. Goldsmith. (Goltz, D) [Transferred from mied on 6/20/2012.]
May 1, 2012 Filing 13 NOTICE of Hearing on #10 MOTION to Dismiss Rule 23 Class Allegations From Plaintiffs' Verified Complaint. Motion Hearing set for 6/21/2012 @ 1:30 PM before District Judge Mark A. Goldsmith (Goltz, D)[Transferred from mied on 6/20/2012.]
April 30, 2012 Filing 12 ANSWER to Complaint with Affirmative Defenses by KEHE Food Distributors Inc. (Spangler, Cardelle) [Transferred from mied on 6/20/2012.]
April 30, 2012 Filing 11 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by KEHE Food Distributors Inc (Spangler, Cardelle) [Transferred from mied on 6/20/2012.]
April 30, 2012 Filing 10 MOTION to Dismiss Rule 23 Class Allegations From Plaintiffs' Verified Complaint by KEHE Food Distributors Inc. (Attachments: #1 Appendix) (Spangler, Cardelle) [Transferred from mied on 6/20/2012.]
April 30, 2012 Filing 9 ATTORNEY APPEARANCE: Cardelle B. Spangler appearing on behalf of KEHE Food Distributors Inc (Spangler, Cardelle) [Transferred from mied on 6/20/2012.]
April 18, 2012 Filing 8 NOTICE of Hearing on #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law. Motion Hearing set for 6/21/2012 @ 1:30 PM before District Judge Mark A. Goldsmith (Goltz, D) [Transferred from mied on 6/20/2012.]
April 16, 2012 Opinion or Order Filing 7 STIPULATED ORDER Granting Defendant an Extension of Time to Move, Plead or Otherwise Respond to Plaintiff's #1 Complaint, (Responses due by 4/30/2012). Signed by District Judge Mark A. Goldsmith. (Goltz, D) [Transferred from mied on 6/20/2012.]
April 13, 2012 Filing 6 ATTORNEY APPEARANCE: Jason P. Klingensmith appearing on behalf of KEHE Food Distributors Inc (Klingensmith, Jason) [Transferred from mied on 6/20/2012.]
April 11, 2012 Filing 5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhbit 3, #4 Exhibit Exhibit 4) (Pentiuk, Randall) [Transferred from mied on 6/20/2012.]
April 3, 2012 Filing 4 CERTIFICATE of Service/Summons Returned Executed. KEHE Food Distributors Inc served on 3/26/2012, answer due 4/16/2012. (Pentiuk, Randall) [Transferred from mied on 6/20/2012.]
March 7, 2012 Filing 3 NOTICE of Appearance by Kerry L. Morgan on behalf of All Plaintiffs. (Morgan, Kerry) [Transferred from mied on 6/20/2012.]
February 29, 2012 Filing 2 SUMMONS Issued for *KEHE Food Distributors Inc* (KKra) [Transferred from mied on 6/20/2012.]
February 29, 2012 Filing 1 COMPLAINT For Violation of Fair Labor Standards Act and Michigan State Wage Laws filed by All Plaintiffs against KEHE Food Distributors Inc. Plaintiff requests summons issued. Receipt No: 0645-3409578 - Fee: $ 350. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Pentiuk, Randall) [Transferred from mied on 6/20/2012.]
February 29, 2012 A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (KKra) [Transferred from mied on 6/20/2012.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Dolan et al v. KEHE Food Distributors Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Mark Walters
Represented By: Randall A. Pentiuk
Represented By: Kerry L. Morgan
Represented By: Robert A. Bunda
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Barney Dolan
Represented By: Randall A. Pentiuk
Represented By: Kerry L. Morgan
Represented By: Robert A. Bunda
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kehe Food Distributor's Inc.
Represented By: Mark D. Wagoner, Jr.
Represented By: Jonathan E. Rosemeyer
Represented By: Cardelle B. Spangler
Represented By: Nicholas T. Stack
Represented By: Jason P. Klingensmith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?