Vayda v. R&J Trucking Co., Inc.
| Vayda, Juan Ramirez, Benjamin Young, Richard Mills, Randy Smith, Andrew Basden, Steve Rice, Jeffrey Lynn Murphy, Lewis Logsdon, Lee Henderson, Daniel Taylor, Earl D. Kirkwood, Roman Korkots, Joseph Hambly, Matthew D. Ison, Greg Kennedy, Milton Gover, Mark Craighead, Stephen Vanzant, John Dean, Marshall Swigart, Paul Wieland, Thomas Carter, Ray Clark, Christopher Kruegeger, Jerah Hansen, Nicholas Basista, Steven W. Ruef, Cody Ison, James Crawford, Curtis Williams, Clarence Walker, Norman Morehead, David Madison, Richard Vayda, Robert Bahan, Eddie Anderson, Robert White, Todd Mendenhall, Josh Ryan, David Erisman, Mark Clever, Arron Lewis, Tracy Mullen, Michael Houff, Tyrone Quisenberry, Richard Pottorf, Timothy Donohoo, John Turner, Jackie Rucker, Iler Crawford, Thomas Fisher, Curtis Menne, Gregory Brammer, Ronda Myrick, Gerald Schigel, Scott McCarty, Kenneth Rowsom, Mark Christo, David MacAleese, Leroy Garner, George Kovolenko, Ronald Ouellette and Marcus McCreary |
| R&J Trucking Co., Inc. and Ron Carrocce Trucking Company, Inc. |
| 4:2017cv00408 |
| February 28, 2017 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Mahoning |
| Benita Y Pearson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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| Filing 55 Notice of Filing Consent Form To Join In Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Jerah Hansen, #2 Consent of Roman Korkots)(Draher, Shannon) |
| Filing 54 Notice of Filing Consent Form To Join In Collective Action Under 29 U.S.C. 216(b) filed by All Plaintiffs. (Attachments: #1 Exhibit Iller Crawford Consent, #2 Exhibit Greg Kennedy Consent, #3 Exhibit George Kovolenko Consent, #4 Exhibit Christopher Kruegeger Consent, #5 Exhibit Curtis Williams Consent)(Draher, Shannon) |
| Filing 53 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Benjamin Young, #2 Consent of Gregory Brammer, #3 Consent of Clarence Walker)(Draher, Shannon) |
| Filing 52 Notice of Filing Consent Form to Join in Collective Action Under 29U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Robert White)(Draher, Shannon) |
| Filing 51 Notice of Filing Consent to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Thomas Carter, #2 Consent of Milton Gover, #3 Consent of Joseph Hambly)(Draher, Shannon) |
| Filing 50 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Matthew D. Ison, #2 Consent of Earl D. Kirkwood, #3 Consent of Jeffrey Lynn Murphy, #4 Consent of Juan Ramirez, #5 Consent of Steven W. Ruef)(Draher, Shannon) |
Filing 49
Order of Dismissal and approving settlement (related doc #48 ). This case is dismissed with prejudice. Judge Benita Y. Pearson on 11/29/2017.(C,KA)
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| Filing 48 Joint SEALED Motion for Approval of Settlement and Stipulation of Dismissal With Prejudice #45 filed by R&J Trucking Co., Inc., Ron Carrocce Trucking Company, Inc.. Related document(s) #45 . (Attachments: #1 Exhibit A - Confidential Joint Stipulation of Settlement and Release, #2 Exhibit B - Proposed Order of Dismissal and Approving Settlement, #3 Exhibit C - Declaration of Shannon M. Draher)(Wymer, Martin) Counsel notified regarding certificate of service. Modified text 11/15/2017 (C,KA). |
| Filing 47 Answer to Plaintiff's Second Amended Complaint filed by All Defendants. (Wymer, Martin) |
| Filing 46 Second Amended complaint against All Defendants. Filed by Richard Vayda. (Draher, Shannon) |
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Filing 45
Order of Dismissal. The docket shall be marked settled and dismissed without prejudice.Not later than 14 days from the date of this order, the parties shall jointly submit a Joint Motion for Approval of Settlement (to include Confidential Settlement Agreement under Seal) and Stipulation of Dismissal with Prejudice, which, if approved, shall supersede this Order. Parties' joint motion #44 for leave to file Confidential Settlement Agreement under seal is denied as moot. Judge Benita Y. Pearson on 11/9/2017(C,KA)
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Order [non-document] granting Joint Motion for leave to File Second Amended Complaint (Related Doc #43 ). Judge Benita Y. Pearson on 11/9/2017(C,KA)
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| Filing 44 Joint Motion for leave to File Confidential Settlement Agreement Under Seal filed by R&J Trucking Co., Inc., Ron Carrocce Trucking Company, Inc.. (Attachments: #1 Proposed Order)(Wymer, Martin) |
| Filing 43 Joint Motion for leave to File Second Amended Complaint filed by Plaintiff Richard Vayda. (Attachments: #1 Exhibit A- Second Amended Collective Action Complaint, #2 Exhibit B- Proposed Order)(Draher, Shannon) Modified text on 11/6/2017 (S,L). |
| Filing 42 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Leroy Garner, #2 Consent of Randy Smith)(Draher, Shannon) |
| Filing 41 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Daniel Taylor)(Draher, Shannon) |
| Filing 40 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Tracy Mullen)(Draher, Shannon) |
| Filing 39 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Arron Lewis, #2 Consent of Cody Ison, #3 Consent of Marshall Swigart)(Draher, Shannon) |
| Filing 38 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Josh Ryan)(Draher, Shannon) |
| Filing 37 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of David MacAleese)(Draher, Shannon) |
| Filing 36 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Marcus McCreary)(Draher, Shannon) |
| Filing 35 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Timothy Donohoo)(Draher, Shannon) |
| Filing 34 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Ronald Ouellette, #2 Consent of Mark Clever, #3 Consent of Thomas Teeple)(Draher, Shannon) |
| Filing 33 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Robert Bahan, #2 Consent of Michael Houff)(Draher, Shannon) |
| Filing 32 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Thomas Fisher)(Draher, Shannon) |
| Filing 31 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of John Dean, #2 Consent of Nicholas Basista)(Draher, Shannon) |
| Filing 30 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Lewis Logsdon)(Draher, Shannon) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 7/19/2017. Present were Attorney Hans A. Nilges as counsel for Plaintiff and Attorneys Martin T. Wymer and Martin J. Boetcher as counsel for Defendants. Parties' Joint Proposed Stipulation (ECF No. #23 ) is approved. Should either party require more formalization of the class certification, the parties shall jointly propose a schedule, within the Case Management Plan's cutoffs, to the Court. (Court Reporter: None); Time: 27 Minutes. (JLG) |
| Filing 29 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of David Erisman, #2 Consent of Norman Morehead, #3 Consent of John Turner, #4 Consent of Scott McCarty, #5 Consent of Stephen Vanzant, #6 Consent of Tyrone Quisenberry)(Draher, Shannon) |
| Filing 28 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Kenneth Rowsom, #2 Consent of Richard Mills, #3 Consent of Todd Mendenhall, #4 Consent of Eddie Anderson, #5 Consent of Andrew Basden, #6 Consent of David Madison, #7 Consent of Mark Craighead, #8 Consent of James Crawford)(Draher, Shannon) |
| Filing 27 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Gerald Schigel, #2 Consent of Jackie Rucker, #3 Consent of Lee Henderson, #4 Consent of Mark Christo, #5 Consent of Paul Wieland, #6 Consent of Ray Clark, #7 Consent of Richard Pottorf, #8 Consent of Richard Vayda, #9 Consent of Ronda Myrick)(Draher, Shannon) |
| Filing 26 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Consent of Steve Rice, #2 Consent of Curtis Menne)(Draher, Shannon) |
| IMPORTANT Notice [non-document]: The Telephonic Status Conference is reset for 7/19/2017 at 1:30 p.m. before Judge Benita Y. Pearson. Lead counsel must be present unless excused by the Court upon written motion. Parties' attendance is welcome, but not mandatory. Counsel for Plaintiff is to set up the conference call and contact Chambers directly at 330-884-7435 with all participants on the line. Related document(s) #20 . (JLG) |
| Filing 25 Answer to #15 Amended complaint, with Jury Demand filed by R&J Trucking Co., Inc., Ron Carrocce Trucking Company, Inc.. (Wymer, Martin) |
| Filing 24 Return of Service by Clerk by certified mail executed upon Defendant Ron Carrocce Trucking Company, Inc. on 5/31/2017, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Plaintiff Richard Vayda. (H,SN) |
| Filing 23 Joint Proposed Stipulation to Provide Court-Approved Notice of Collective Action filed by All Defendants. (Attachments: #1 Exhibit A - Notice, #2 Exhibit B - Consent Form)(Wymer, Martin) |
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Order [non-document] granting Defendants' #22 Unopposed Motion for Extension of Time until 6/2/2017, to file their responsive pleading to Plaintiff's First Amended Complaint and to file a Joint Stipulation addressing the provision of notice to Plaintiff's proposed FLSA 16(b) collective as agreed in the parties Joint Status Report. Judge Benita Y. Pearson on 5/30/2017. (E,CK)
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| Service by Clerk. Summons and Amended Complaint addressed to Defendant Ron Carrocce Trucking Company, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 7016 1970 0000 4078 7388. (H,SN) |
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Order [non-document] granting Defendants' Attorneys Martin T. Wymer and Carrie A. Valdez of Baker & Hostetler LLP, #21 Motion for leave to Appear as lead counsel, as substitute for Attorneys Steven E. Seasly, Kara D. Williams, and Robert J. Bowes and the law firm of Hahn Loeser & Parks LLP. Attorney Martin J. Boetcher of Harrington, Hoppe & Mitchell, Ltd., will continue as co-counsel for Defendants. Judge Benita Y. Pearson on 5/30/2017.(E,CK)
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| Filing 22 Unopposed Motion for extension of time until June 2, 2017 to file responsive pleading and file stipulation concerning class notice filed by R&J Trucking Co., Inc., Ron Carrocce Trucking Company, Inc. (Wymer, Martin) |
| Filing 21 Motion for leave to Appear as Substitute Counsel for Defendants filed by R&J Trucking Co., Inc., Ron Carrocce Trucking Company, Inc.. (Wymer, Martin) |
| Filing 20 Case Management Conference Plan/Order. Case is assigned to the standard track. This case is not suitable for Alternative Dispute Resolution (ADR) at this time. The parties do not consent to the jurisdiction of the United States Magistrate Judge. The cutoff for all discovery shall be November 20, 2017. The cutoff to amend pleadings and add parties is May 12, 2017. The cutoff for filing dispositive motions is January 31, 2018. Responses shall be filed byMarch 2, 2018 and Replies by March 16, 2018.A Status Conference will be held on 6/26/2017 at 12:00 p.m., noon. The conference will be conducted via telephone unless circumstances require otherwise. Lead counsel must be present unless excused by the Court upon written motion. Parties' attendance is welcome, but not mandatory. Counsel for Plaintiff is to set up the conference call and contact chambers directly at 330-884-7435 with all participants on the line. Judge Benita Y. Pearson on 5/19/17.(C,KA) |
| Filing 19 Original Summons issued to counsel for service upon Ron Carrocce Trucking Company, Inc. (S,L) |
| Filing 18 Joint Status Report filed by All Defendants. (Williams, Kara) |
| Filing 17 Attorney Appearance by Martin J. Boetcher of Harrington, Hoppe & Mitchell Ltd. filed by on behalf of Ron Carrocce Trucking Company, Inc.. Related document(s) #15 .(Boetcher, Martin) |
| Filing 16 Attorney Appearance by Kara D. Williams filed by on behalf of Ron Carrocce Trucking Company, Inc.. (Williams, Kara) |
| Filing 15 Amended complaint against R&J Trucking Co., Inc., Ron Carrocce Trucking Company, Inc. and adding new party defendants Ron Carrocce Trucking Company, Inc. Filed by Richard Vayda. (Attachments: #1 Summons for Ron Carrocce Trucking Company, Inc.) (Draher, Shannon) Modified on 5/16/2017 (S,L). |
| Filing 14 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Richard Vayda. (Draher, Shannon) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 5/3/2017. Present were Attorney Shannon M. Draher as counsel for Plaintiff; and Attorneys Kara D. Williams and Martin A. Boetcher as counsel for Defendant. Also present were Plaintiff Richard Vayda and Ann Marie Naples as party representative for Defendant. By 5/12/2017, parties shall file a joint notice informing the Court as to whether the parties have reached a tolling agreement. (Court Reporter: None); Time: 36 Minutes. (JLG) |
| Filing 13 Attorney Appearance by Martin J. Boetcher of Harrington, Hoppe & Mitchell, Ltd. filed by on behalf of R&J Trucking Co., Inc.. (Boetcher, Martin) |
| Filing 12 Corporate Disclosure Statement filed by R&J Trucking Co., Inc.. (Williams, Kara) |
| Filing 11 Answer to #1 Complaint with Jury Demand filed by R&J Trucking Co., Inc.. (Williams, Kara) |
| Filing 10 Stipulated Protective Order modified so that parties will file documents under seal electronically and not provide hard copies to Chambers. Judge Benita Y. Pearson on 4/20/2017. (JLG) |
| Filing 9 Report of Parties' Planning Meeting (Discovery Plan), parties do not consent to this case being assigned to the magistrate judge, filed by Richard Vayda. (Draher, Shannon) |
| Filing 8 Proposed Stipulated Protective Order filed by Richard Vayda. (Draher, Shannon) Modified text on 4/18/2017 (S,L). |
| Filing 7 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 5/3/2017 at 10:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. Judge Benita Y. Pearson on 4/4/2017. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
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Order [non-document] granting as requested Defendant's #6 Unopposed Motion for Extension of Time until 4/26/2017 to Answer, Move or Otherwise Respond to Plaintiff's Complaint. Judge Benita Y. Pearson on 3/29/2017. (JLG)
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| Filing 6 Unopposed Motion for extension of time until 4/26/2017 to answer, move or otherwise respond to plaintiff's complaint #1 filed by Defendant R&J Trucking Co., Inc.. (Attachments: #1 Proposed Order)(Seasly, Steven) Modified on 3/23/2017 to edit text and attachment description (D,TM). |
| Filing 5 Attorney Appearances of Steven E. Seasly, Kara D. Williams and Robert J. Bowes filed by on behalf of R&J Trucking Co., Inc.. (Seasly, Steven) Modified on 3/23/2017 to add other counsel names to docket (D,TM). |
| Filing 4 Return of Service by Clerk by certified mail executed upon Defendant R&J Trucking Co., Inc. on 3/6/2017, filed on behalf of Plaintiff Richard Vayda. (H,SN) |
| Filing 3 Notice of Filing of Consent Form To Join In Collective Action Under 29 U.S.C. 216(b) filed by Richard Vayda. (Attachments: #1 Exhibit Consent of Richard Vayda)(Nilges, Hans) |
| Service by Clerk. Summons and Complaint addressed to R&J Trucking Co., Inc. placed in U.S. Mail. Type of service: certified mail mail. Receipt # 7016 1970 0000 4078 7050. (S,L) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Defendant R&J Trucking Co., Inc. (Attachments: #1 Magistrate Consent Form) (H,SN) |
| Filing 1 Complaint with jury demand against R&J Trucking Co., Inc.. Filing fee paid $ 400, Receipt number 0647-8044493.. Filed by Richard Vayda. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Draher, Shannon) |
| Judge Benita Y. Pearson assigned to case. (H,SN) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (H,SN) |
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