Allstates Refractory Contractors, LLC v. Walsh et al
| Allstates Refractory Contractors, LLC |
| Martin J. Walsh, United States Department of Labor, James Frederick, Occupational Safety and Health Administration and United States Attorney for the Northern District of Ohio |
| 3:2021cv01864 |
| September 30, 2021 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 Return of Service by Certified Mail executed upon Occupational Safety & Health Administration on 10/12/2021 filed on behalf of Allstates Refractory Contractors, LLC (Aguinaga, J.) |
| Filing 21 Return of Service by Certified Mail executed upon James Frederick on 10/12/2021 filed on behalf of Allstates Refractory Contractors, LLC (Aguinaga, J.) |
| Filing 20 Return of Service by Certified Mail executed upon Martin J. Walsh on 10/13/2021 filed on behalf of Allstates Refractory Contractors, LLC (Aguinaga, J.) |
| Filing 19 Return of Service by Certified Mail executed upon United States Department of Labor on 10/13/2021 filed on behalf of Allstates Refractory Contractors, LLC (Aguinaga, J.) |
| Filing 18 Return of Service by Certified Mail executed upon Attorney General of the United States on 10/12/21 filed on behalf of Allstates Refractory Contractors, LLC (Aguinaga, J.) |
| Filing 17 Return of Service by Certified Mail executed upon United States Attorney for the Northern District of Ohio on 10/8/2021 filed on behalf of Allstates Refractory Contractors, LLC (Aguinaga, J.) |
Filing 16
SCHEDULING ORDER. Initial Phone Status held on 10/22/21. Counsel agree that neither Rule 26(a) disclosures nor formal discovery practice is needed, and that case can be best resolved by motion practice. Further, in light of the legal issues raised in the Complaint, counsel stipulate that Defendants generally deny the allegations and a formal Answer need not be filed. Plaintiff's Motion for Summary Judgment (30-page maximum) due by 12/3/21. Defendants' Combined Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment (30-page maximum) due by 1/14/22. Plaintiff's Combined Reply and Opposition to Defendants' Motion (15-page maximum) due by 2/14/22. Defendants' Reply (15-page maximum) due by 2/25/22. (30 min) Judge Jack Zouhary on 10/25/21. (S,Na)
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| NOTICE [non-document] of Initial Phone Status set for 10/22/21 at 9:30 AM (EDT) before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. No dispositive motions shall be filed prior to the Initial Phone Status. (S,Na) |
| Filing 15 Attorney Appearance by Zachary A. Avallone filed by on behalf of All Defendants. (Avallone, Zachary) |
| Filing 14 Marginal Entry Order granting #6 Motion for appearance pro hac vice by attorney J. Benjamin Aguinaga for Allstates Refractory Contractors, LLC. 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. Judge Jack Zouhary on 10/5/20210.(D,L) |
| Filing 13 Marginal Entry Order granting #5 Motion for appearance pro hac vice by attorney Anthony J. Dick for Allstates Refractory Contractors, LLC. 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. Judge Jack Zouhary on 10/5/2021. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 12 Marginal Entry Order granting #4 Motion for appearance pro hac vice by attorney John M. Gore for Allstates Refractory Contractors, LLC. 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. Judge Jack Zouhary on 10/2/2021. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 11 Marginal Entry Order granting #3 Motion for appearance pro hac vice by attorney Brett A. Shumate for Allstates Refractory Contractors, LLC. 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. Judge Jack Zouhary on 10/5/2021. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 10 Original Summons issued to counsel for service upon James Frederick, Occupational Safety and Health Administration, United States Department of Labor, Martin J. Walsh. (H,JL) |
| Filing 9 Praecipe for issuance of Original Summons filed by Allstates Refractory Contractors, LLC. (Attachments: #1 Summons to Martin J. Walsh, #2 Summons to U.S. Department of Labor, #3 Summons to James Frederick, #4 Summons to Occupational Safety and Health Administration)(McLaughlin, Christopher) |
| Filing 8 Civil Case Management Procedures Order. Judge Jack Zouhary on 09/30/2021. (S,DM) |
| Filing 7 Magistrate Consent Form issued. No summons provided, therefore, no summons issued. (S,DM) |
| Filing 6 Motion for attorney J. Benjamin Aguiaga to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11060946, filed by Plaintiff Allstates Refractory Contractors, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration (document does not contain an original signature))(McLaughlin, Christopher) Modified text on 10/1/2021 (M,TL). |
| Filing 5 Motion for attorney Anthony J. Dick to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11060847, filed by Plaintiff Allstates Refractory Contractors, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration (document does not contain an original signature))(McLaughlin, Christopher) Modified text on 10/1/2021 (M,TL). |
| Filing 4 Motion for attorney John M. Gore to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11060727, filed by Plaintiff Allstates Refractory Contractors, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration (document does not contain an original signature))(McLaughlin, Christopher) Modified text on 10/1/2021 (M,TL). |
| Filing 3 Motion for attorney Brett A. Shumate to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11060676, filed by Plaintiff Allstates Refractory Contractors, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration)(McLaughlin, Christopher) |
| Filing 2 Corporate Disclosure Statement filed by Allstates Refractory Contractors, LLC. (McLaughlin, Christopher) |
| Filing 1 Complaint for Declaratory and Injunctive Relief against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11060468.. Filed by Allstates Refractory Contractors, LLC. (Attachments: #1 Civil Cover Sheet, #2 Attachment to Civil Cover Sheet) (McLaughlin, Christopher) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (S,DM) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (S,DM) |
| Judge Jack Zouhary assigned to case. (S,DM) |
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