Hartman v. TechServ Consulting and Training, Ltd. et al
| Dana Hartman |
| Randall Wisenbaker, TechServ Consulting and Training, Ltd and Johnny Randall Staines |
| 3:2020cv02386 |
| October 21, 2020 |
| US District Court for the Northern District of Ohio |
| James G Carr |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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| Minute Order: [non-document] Telephonic Status Conference held on 11/30/2020. Time: 15 minutes. Plaintiff appeared by attorneys Gregory R. Mansell and Kyle T. Anderson. Defendants' appeared by attorneys Monica Levine Lack and Leslie S. Byrd. Parties agree to mediate both cases (3:19cv896); parties will reach out to arrange date and time for mediation by outside source; parties to submit status reports by 2/1/2021 and monthly thereafter regarding status of mediation/settlement negotiations. Judge James G. Carr on 11/30/2020. (D,TM) |
| Filing 42 Joint Status Report filed by Dana Hartman. (Mansell, Gregory) |
| Minute Order: [non-document] Telephonic Status Conference held 11/2/2020. Time: 20 Minutes. Plaintiff appeared by attorneys Gregory R. Mansell and Kyle T. Anderson. Defendant appeared by attorneys Monica Levine Lack, Leslie S. Byrd and Jay R. Aldis. Parties to file Status Reports on or before 11/20/2020. Status Conference set for 11/30/2020 at 11:00 AM to be held telephonically before Judge James G. Carr. Parties to call into the court's conference line number at 1-877-336-1839, access code: 8856866. Judge James G. Carr on 11/2/2020. (D,TM) |
Order [non-document] granting Motion for appearance pro hac vice by attorney Leslie S. Byrd for Johnny Randall Staines, TechServ Consulting and Training, Ltd., and for Randall Wisenbaker. 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 #41 ). Judge James G. Carr on 10/28/2020. (D,TM)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jay R. Aldis for Johnny Randall Staines, TechServ Consulting and Training, Ltd., and Randall Wisenbaker. 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 #40 ). Judge James G. Carr on 10/28/2020. (D,TM)
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| Filing 41 Motion for attorney Leslie S. Byrd to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10371649, filed by Johnny Randall Staines, TechServ Consulting and Training, Ltd, Randall Wisenbaker. (Attachments: #1 Exhibit Declaration of Leslie Byrd, #2 Exhibit Byrd Certificate of Good Standing, #3 Proposed Order)(Lacks, Monica) |
| Filing 40 Motion for attorney Jay R. Aldis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10371592, filed by Johnny Randall Staines, TechServ Consulting and Training, Ltd, Randall Wisenbaker. (Attachments: #1 Exhibit Declaration of Jay Aldis, #2 Exhibit Aldis Certificate of Good Standing, #3 Proposed Order)(Lacks, Monica) |
| Filing 39 First Notice of Filing Consent Forms filed by Dana Hartman. (Attachments: #1 Exhibit A - FLSA Consents to Join Lawsuit)(Anderson, Kyle) |
| Filing 38 Motion for leave and Notice of Withdrawal/Substitution of Counsel. Attorneys Jay M. Wallace, Mark A. Shoffner, and Brent D. Hockaday withdrawn as attorney for defendant. Attorney Jay Aldis and Leslie Selig Byrd substituted upon submission of pro hac vice motion, filed by Defendant TechServ Consulting and Training, Ltd. (Wallace, Jay) Modified text on 10/22/2020. (D,TM) |
| Notice to Attorney Brent D. Hockaday. 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 83.9 must be filed within 10 business days. (W,Jo) |
| Notice [non-document] of Status Conference set for 11/2/2020 at 09:30 AM to be held telephonically before Judge James G. Carr utilizing the court's conference line (1-877-336-1839 Access Code 8856866). (C,EA) |
| Notice to Attorney Jay M. Wallace. 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 83.9 must be filed within 10 business days. (W,Jo) |
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Order [non-document] granting Defendants' #38 Motion for leave to withdraw attorneys Jay M. Wallace, Brent D. Hockaday and Mark A. Shoffner. Attorney Jay Aldis and Leslie Selig Byrd substituted upon submission of pro hac vice motion. Judge James G. Carr on 10/22/2020. (D,TM)
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| Filing 37 Answer to #28 Amended complaint filed by Johnny Randall Staines, TechServ Consulting and Training, Ltd, Randall Wisenbaker. (Lacks, Monica) |
| Filing 36 Magistrate Consent Form issued. (W,CM) |
| Filing 35 CASE TRANSFERRED IN from District of Ohio Southern. Case number 2:20-cv-04055. Electronic file, transfer order and docket sheet received. |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (W,CM) |
| Judge James G. Carr assigned to case. (W,CM) |
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Filing 34
ORDER granting #29 Motion to Change Venue. It is ORDERED that this case be TRANSFERRED to the United States District Court for the Northern District of Ohio, Western Division in Toledo, before the Honorable Judge James G. Carr. Signed by Magistrate Judge Kimberly A. Jolson on 10/19/2020. (ew) [Transferred from ohsd on 10/21/2020.]
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| Filing 33 RESPONSE to Motion re #29 MOTION to Change Venue and Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Dana Hartman. (Mansell, Gregory) [Transferred from ohsd on 10/21/2020.] |
| Filing 32 NOTICE by Defendants Johnny Randall Staines, TechServ Consulting and Training, Ltd., Randall Wisenbaker re 31 Order on Motion for Leave to File, of Filing Certain Corrected Exhibits to Defendants' Motion to Transfer Venue (ECF 29) (Attachments: #1 Exhibit Ex. G - Redacted Depo. Transcript of Alyssa Kuipers, #2 Exhibit Ex. I - Redacted Declaration of Wisenbaker) (Lacks, Monica) [Transferred from ohsd on 10/21/2020.] |
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Filing 31
For good cause shown, Defendants Motion for Leave to File (Doc. 30) is GRANTED. Defendants are DIRECTED to submit, within seven (7) days of the date of this Order, corrected versions of Exhibits G and I in support of their Motion to Transfer Venue, containing proper redactions of personally-identifying information of non-parties. Signed by Magistrate Judge Kimberly A. Jolson on 10/15/2020. (KAJ) [Transferred from ohsd on 10/21/2020.]
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| Filing 30 MOTION for Leave to File Certain Corrected Exhibits to Defendants' #29 Motion to Transfer Venue by Defendants Johnny Randall Staines, TechServ Consulting and Training, Ltd., Randall Wisenbaker. (Attachments: #1 Text of Proposed Order) (Lacks, Monica) Modified on 10/15/2020 to add document link (kk2) [Transferred from ohsd on 10/21/2020.] |
| Filing 29 MOTION to Change Venue and Memorandum of Points and Authorities in Support Thereof by Defendants TechServ Consulting and Training Ltd., Randall Wisenbaker, and Johnny Randall Staines. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Text of Proposed Order) (Hockaday, Brent) Modified on 10/13/2020 to correct filing parties (kk2) [Transferred from ohsd on 10/21/2020.] |
| Filing 28 AMENDED COMPLAINT against All Defendants filed by Dana Hartman. (mdr) [Transferred from ohsd on 10/21/2020.] |
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Filing 27
ORDER Granting #26 Motion to Amend/Correct. The Clerk is DIRECTED to file Docket Number 26-1 as the First Amended Complaint. Signed by Magistrate Judge Kimberly A. Jolson on 10/07/2020. (mdr) [Transferred from ohsd on 10/21/2020.]
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| Filing 26 Unopposed MOTION to Amend/Correct Complaint by Plaintiff Dana Hartman. (Attachments: #1 Exhibit A - First Amended Collective Action Complaint, #2 Text of Proposed Order) (Anderson, Kyle) [Transferred from ohsd on 10/21/2020.] |
| Filing 25 STATUS REPORT (Joint) by Plaintiff Dana Hartman & All Defendants. (Anderson, Kyle) Modified parties on 10/6/2020 (kk2) [Transferred from ohsd on 10/21/2020.] |
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Filing 24
PRELIMINARY PRETRIAL ORDER: The parties are DIRECTED to meet and confer re the forthcoming motions and propose an expedited briefing schedule to allow for swift resolution. A Status Report with the parties' proposal is due by 10/5/2020. Signed by Magistrate Judge Kimberly A. Jolson on 9/30/2020. (kk2) [Transferred from ohsd on 10/21/2020.]
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| Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Initial Pretrial Conference held on 9/30/2020. (jr) [Transferred from ohsd on 10/21/2020.] |
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Filing 22
ORDER: Motion to Transfer Venue due by 10/12/2020. Response due within 14 days. Reply due 7 days thereafter. Signed by Magistrate Judge Kimberly A. Jolson on 9/25/2020. (ew) [Transferred from ohsd on 10/21/2020.]
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| Filing 21 RULE 26(f) REPORT by Plaintiff Dana Hartman & All Defendants (Anderson, Kyle) Modified parties on 9/24/2020 (kk2) [Transferred from ohsd on 10/21/2020.] |
| Filing 20 NOTICE of Hearing: Pretrial Conference set for 9/30/2020 @ 10:45 AM in Teleconference before Magistrate Judge Kimberly A. Jolson. (jr) [Transferred from ohsd on 10/21/2020.] |
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Filing 19
NOTATION ORDER granting #18 Amended Motion for Leave to Appear Pro Hac Vice of Mark A Shoffner. The previously filed deficient motion (ECF #14 ) is terminated. Signed by Magistrate Judge Kimberly A. Jolson on 9/8/2020. (kk2) [Transferred from ohsd on 10/21/2020.]
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| Filing 18 Amended MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7637631) of Mark A. Shoffner by Defendants Johnny Randall Staines, TechServ Consulting and Training, Ltd., Randall Wisenbaker. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Lacks, Monica) Modified text on 9/8/2020 (kk2) [Transferred from ohsd on 10/21/2020.] |
| Filing 17 NOTICE OF DEFICIENCY re #14 MOTION for Leave to Appear Pro Hac Vice of Mark A. Shoffner: The required certificate of good standing is not from the highest court of the State (kk2) [Transferred from ohsd on 10/21/2020.] |
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Filing 16
NOTATION ORDER granting #12 and #13 Motions for Leave to Appear Pro Hac Vice of Jay M Wallace & Brent D Hockaday by Magistrate Judge Kimberly A. Jolson on 9/3/2020 (kk2) [Transferred from ohsd on 10/21/2020.]
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| Set/Reset Deadlines re #14 : Deficiency Deadline due by 9/17/2020 (kk2) [Transferred from ohsd on 10/21/2020.] |
| Filing 15 ANSWER to #1 Complaint, filed by All Defendants. (Lacks, Monica) [Transferred from ohsd on 10/21/2020.] |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7637631) of Mark A. Shoffner by Defendants Johnny Randall Staines, TechServ Consulting and Training, Ltd., Randall Wisenbaker. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Lacks, Monica) [Transferred from ohsd on 10/21/2020.] |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7637617) of Brent Hockaday by Defendants Johnny Randall Staines, TechServ Consulting and Training, Ltd., Randall Wisenbaker. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Lacks, Monica) [Transferred from ohsd on 10/21/2020.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7637582) of Jay M. Wallace by Defendants Johnny Randall Staines, TechServ Consulting and Training, Ltd., Randall Wisenbaker. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Lacks, Monica) [Transferred from ohsd on 10/21/2020.] |
| Filing 11 Corporate Disclosure Statement by Defendant TechServ Consulting and Training, Ltd. (Lacks, Monica) [Transferred from ohsd on 10/21/2020.] |
| Filing 10 SUMMONS Returned Executed as to Defendant Johnny Randall Staines. Johnny Randall Staines served on 8/21/2020, answer due 9/11/2020. (Anderson, Kyle) [Transferred from ohsd on 10/21/2020.] |
| Filing 9 SUMMONS Returned Executed as to Defendant TechServ Consulting and Training, Ltd.. TechServ Consulting and Training, Ltd. served on 8/12/2020, answer due 9/2/2020. (Anderson, Kyle) [Transferred from ohsd on 10/21/2020.] |
| Filing 8 SUMMONS Returned Executed as to Defendant Randall Wisenbaker. Randall Wisenbaker served on 8/12/2020, answer due 9/2/2020. (Anderson, Kyle) [Transferred from ohsd on 10/21/2020.] |
| Filing 7 Summons Issued as to Randall Wisenbaker (kk2) [Transferred from ohsd on 10/21/2020.] |
| Filing 6 Summons Issued as to Johnny Randall Staines (kk2) [Transferred from ohsd on 10/21/2020.] |
| Filing 5 Summons Issued as to TechServ Consulting and Training, Ltd. (kk2) [Transferred from ohsd on 10/21/2020.] |
| Filing 4 REQUEST for Issuance of Summons (Wisenbaker) (Anderson, Kyle) [Transferred from ohsd on 10/21/2020.] |
| Filing 3 REQUEST for Issuance of Summons (Staines) (Anderson, Kyle) [Transferred from ohsd on 10/21/2020.] |
| Filing 2 REQUEST for Issuance of Summons (TechServ) (Anderson, Kyle) [Transferred from ohsd on 10/21/2020.] |
| Filing 1 COMPLAINT with JURY DEMAND against Johnny Randall Staines, TechServ Consulting and Training, Ltd., Randall Wisenbaker ( Filing fee $ 400 paid - receipt number: 0648-7597562), filed by Dana Hartman. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - FLSA Consent to Join) (Anderson, Kyle) [Transferred from ohsd on 10/21/2020.] |
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