Sabatino v. Barnes & Noble College Booksellers, LLC et al
| Sabatino and Charles Sabatino |
| Barnes & Noble College Booksellers, LLC and Barnes & Noble Education, Inc. |
| 4:2017cv00579 |
| March 20, 2017 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Mahoning |
| Benita Y Pearson |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 39
Stipulation and Order approving #38 Notice of Dismissal. Judge Benita Y. Pearson on 5/31/2018. (JLG)
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| Filing 38 Notice of Dismissal Under FRCP 41(a)(1) filed by Charles Sabatino. (Steiner, David) |
| Filing 37 Joint Notice of Scheduled Mediation filed by All Defendants. (Lebowitz, Todd) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Final Pretrial Conference held on 3/14/2018. Present were Attorney David J. Steiner as counsel for Plaintiff; Attorney Todd H. Lebowitz as counsel for Defendants; Plaintiff Charles Sabatino; and, Chris Peterson as party representatives for Defendants. This case is referred to a private Alternative Dispute Resolution (ADR) process. See LR 16.4(f). On or before 3/28/2018, the parties shall file a Joint Notice identifying the mediator they have selected and the date the mediation conference is scheduled. Upon completion of the mediation, the parties shall file a Notice jointly advising the Court of the outcome of the mediation conference. The trial set for 4/9/2018 is cancelled. This case is reset for trial on 7/23/2018 on a stand-by basis. The Civil Trial Order #27 remains in effect in all other respects. All new due dates shall be calculated by counsel so that the parties comply with the time frames set by the Civil Trial Order in addition to all other obligations imposed by that Order. (Court Reporter: None); Time: 2 Hours 30 Minutes. (JLG) |
| Filing 36 Stipulated Statement of Facts filed by All Defendants. (Lebowitz, Todd) |
| Filing 35 Response to #34 Motion for leave to File Brief Sur-Reply to Defendants' Reply Brief in Support of Summary Judgment filed by All Defendants. (Attachments: #1 Exhibit 1 - Excerpts from Chaump Deposition Transcript)(Lebowitz, Todd) |
| Filing 34 Motion for leave to File Brief Sur-Reply to Defendants' #33 Reply Brief in Support of Summary Judgment filed by Plaintiff Charles Sabatino. (Steiner, David) |
| Filing 33 Reply in support of #28 Motion for summary judgment filed by All Defendants. (Attachments: #1 Exhibit 1: Report of the Ohio Department of Higher Education on Headcourt Enrollment)(Lebowitz, Todd) |
| Filing 32 Opposition to #28 Motion for summary judgment filed by Charles Sabatino. (Attachments: #1 Exhibit Agreement, #2 Exhibit Peterson Deposition, #3 Exhibit Job Posting, #4 Exhibit 4-25-16 e-mail, #5 Exhibit Chaump Deposition, #6 Exhibit 6-24-15 Review, #7 Exhibit Gucwa Declaration, #8 Exhibit Brady Declaration, #9 Exhibit RFP, #10 Exhibit Sabatino Deposition, #11 Exhibit 10-K)(Steiner, David) |
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Filing 31
Order granting #30 Joint Motion for Extension of Plaintiff's Response to Motion for Summary Judgment and Defendants' Reply in Support until 12/29/2017 and 1/12/2018. Judge Benita Y. Pearson on 11/30/2017. (JLG)
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| Filing 30 Joint Motion for extension of Summary Judgment Briefing Schedule with Plaintiff's Response by 12/29/2017 and Defendants' Reply by 1/12/2018 filed by Barnes & Noble College Booksellers, LLC, Barnes & Noble Education, Inc. (Attachments: #1 Proposed Order)(Lebowitz, Todd) Modified text on 12/4/2017 (S,L). |
| Filing 29 Transcript of 08/16/2017 Deposition of Plaintiff Charles Sabatino (with word index and exhibits) filed by All Defendants. (Attachments: #1 Exhibit Transcript of 08/16/2017 Deposition of Plaintiff Charles Sabatino, #2 Exhibit Word Index, #3 Deposition Exhibit 1, #4 Deposition Exhibit 2 - Employee Conversation Agenda, #5 Deposition Exhibit 3 - Employee Meetings with Barnes & Noble, #6 Deposition Exhibit 4 - Letter from Neal P. McNally, #7 Deposition Exhibit 5 - Work Assignments, #8 Deposition Exhibit 6 - Resume, #9 Deposition Exhibit 7 - Email dated 5/3/16 to Mr. Riggio, #10 Deposition Exhibit 8 - Email dated 5/5/16 to President Tressel, #11 Deposition Exhibit 9 - Agreement for Bookstore Services, #12 Deposition Exhibit 10 - Excused Absence Form dated 5/19/16, #13 Deposition Exhibit 11 - Excused Absence Form dated 5/27/16, #14 Deposition Exhibit 12 - Excused Absence Form dated 6/9/16, #15 Deposition Exhibit 13 - Email dated 5/26/16 from Gloria Kobus, #16 Deposition Exhibit 14 - Job Posting dated 1/08, #17 Deposition Exhibit 15 - Store Manage Job Description dated 7/15/12, #18 Deposition Exhibit 16 - Plaintiff's Responses to First Set of Interrogatories and Request for Production of Documents, #19 Deposition Exhibit 17 - Verification Page, #20 Deposition Exhibit 18 - YSU Bookstore Sales History, FY 2012-2015, #21 Deposition Exhibit 19 - 2014 W2, #22 Deposition Exhibit 20 - 2015 W2)(Lebowitz, Todd) Modified exhibit descriptions on 11/21/2017 (S,L). |
| Filing 28 Motion for summary judgment filed by Barnes & Noble College Booksellers, LLC, Barnes & Noble Education, Inc. (Attachments: #1 Brief in Support, #2 Exhibit A - Stipulation as to Uncontested Facts, #3 Exhibit B - Declaration of Chris Peterson, #4 Exhibit C - Declaration of John Chaump)(Lebowitz, Todd) Modified text on 11/20/2017 (S,L). |
| Filing 27 Civil Trial Order The Final Pretrial Conference is set for 3/14/2018 at 10:00 a.m. and Trial of this matter shall begin on 4/9/2018 at 9:00 a.m. on a stand-by basis, for a period of 2 weeks. Counsel should appear at least 30 minutes before trial time. Failure of counsel to comply in good faith with the following procedures may result in the imposition of sanctions. Judge Benita Y. Pearson on 10/16/2017. (JLG) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 10/16/2017. Present were Attorney David J. Steiner as counsel for Plaintiff; and Attorneys Todd H. Lebowitz and Carrie A. Valdez as counsel for Defendants. Defendants' Motion for Leave to File Motion for Summary Judgment #24 is granted. Therefore, the Civil Trial Order #19 entered on 5/23/2017 is vacated and set aside. A new Trial Order setting the case for jury trial on 4/9/2018 will be issued separately. The cutoff for Defendants to file a motion for summary judgment is 11/20/2017. A Response shall be filed by 12/20/2017 (See LR 7.1(d)) and Reply by 1/3/2018 (See LR 7.1(e)). Lead counsel of record shall confer with one another in person in order to prepare written stipulations as to all uncontested facts to be presented by the dispositive motion. The stipulations shall be filed with the Court on or before 11/20/2017. If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. (Court Reporter: None); Time: 28 Minutes. (JLG) |
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Filing 26
Order The Telephonic Status Conference is reset for 10/16/2017 at 3:00 p.m. before Judge Benita Y. Pearson. Attorney Steiner is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. Judge Benita Y. Pearson on 10/12/2017. (JLG)
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| IMPORTANT Notice [non-document]: The Telephonic Status Conference is reset for 10/12/2017 at 4:00 p.m. before Judge Benita Y. Pearson. Attorney Steiner is to set up the conference call. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. (JLG) |
| Filing 25 Opposition to #24 Motion for leave to file Motion for Summary Judgment, Certification, and Statement of Grounds filed by Charles Sabatino. (Steiner, David) |
| Filing 24 Motion for leave to file Motion for Summary Judgment, Certification, and Statement of Grounds filed by Barnes & Noble College Booksellers, LLC, Barnes & Noble Education, Inc.. (Lebowitz, Todd) |
| IMPORTANT Notice [non-document]: The Telephonic Status Conference is reset for 10/12/2017 at 12:00 p.m. before Judge Benita Y. Pearson. Attorney Steiner is to set up the conference call. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. Related document(s) #18 . (JLG) |
| Filing 23 Notice of Withdrawal of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint filed by All Defendants. Related document(s) #15 .(Valdez, Carrie) |
| Filing 22 Marginal Order approving #21 Stipulated Notice of Dismissal, with Prejudice, of Plaintiff's Breach of Contract - Third Party Beneficiary Claim against Defendant Barnes and Noble Education, Inc. Judge Benita Y. Pearson on 6/23/2017. (JLG) |
| Filing 21 Stipulated Notice of Dismissal, with Prejudice, Of Plaintiff's breach of contract - third party beneficiary claim against Defendant Barnes and Noble Education, Inc. only filed by Charles Sabatino. (Steiner, David) Modified text to match document on 6/23/2017 (S,Ke). |
| Filing 20 Opposition to #15 Motion to dismiss for failure to state a claim filed by Charles Sabatino. (Attachments: #1 Exhibit Form 10-K)(Steiner, David) |
| Filing 19 VACATED - See 10/16/2017 Minutes of Proceedings [non-document]. Civil Trial Order A Final Pretrial Conference is set for 12/20/2017 at 1:30 p.m. and the Trial of this matter shall begin on 1/22/2018 at 9:00 a.m., on a stand-by basis for a period of 2 weeks. Counsel should appear at least 30 minutes before trial time. Failure of counsel to comply in good faith with the procedures set forth herein may result in the imposition of sanctions. Judge Benita Y. Pearson on 5/23/2017. (JLG) Modified to denote as vacated on 10/16/2017 (JLG). |
| Filing 18 Case Management Conference Plan/Order. Case is assigned to the standard track, and is not suitable for Alternative Dispute Resolution (ADR) at this time. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Discovery shall be completed on or before 10/31/2017. The cutoff to amend pleadings and add parties is 5/29/2017. The cutoff for filing a motion for leave to file a dispositive motion is 9/29/2017 at 11:55 a.m. A Telephonic Status Conference is set for 9/29/2017 at 12:00 p.m. Attorney Steiner is to set up the conference call. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. The parties shall file a proposed Stipulated Protective Order on or before 8/18/2017. Judge Benita Y. Pearson on 5/23/2017. (JLG) |
| Filing 17 Marginal Order approving #14 -1 Stipulation Regarding Inadvertent Disclosure of Attorney-Client Privilege, Work Product Protection or Other Applicable Privilege. Judge Benita Y. Pearson on 5/22/2017. (JLG) |
| Filing 16 Preliminary Estimate of Attorneys Fees and Costs filed by Charles Sabatino. (Steiner, David) Modified text on 5/30/2017 (P, S). |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 5/22/2017. Present were Attorney David J. Steiner as counsel for Plaintiff; Attorney Carrie A. Valdez as counsel for Defendant; Plaintiff Charles Sabatino; and, Kimberly Doyle as party representatives for Defendant. (Court Reporter: None); Time: 22 Minutes. (JLG) |
| Filing 15 WITHDRAWN - See 6/29/2017 Notice, ECF No. #23 . Motion to dismiss for failure to state a claim filed by Barnes & Noble College Booksellers, LLC, Barnes & Noble Education, Inc.. (Attachments: #1 Brief in Support Defendants' Memorandum of Points and Authorities in Support of Their Motion to Dismiss Plaintiff's First Amended Complaint, #2 Exhibit A - EEOC Charge of Discrimination, #3 Exhibit B - Notice of right to Sue, #4 Exhibit C - Declaration of Barry Brover, #5 Exhibit D - Certificate of Compliance)(Lebowitz, Todd) Modified to denote as withdrawn and termed motion event on 6/29/2017 (JLG). |
| IMPORTANT Notice [non-document]: Due to the Court's schedule, the Telephonic Case Management Conference is reset for 5/22/2017 at 10:00 a.m. before Judge Benita Y. Pearson. Note that this is a time change only. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. Related document(s) #6 . (JLG) |
| Filing 14 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Barnes & Noble College Booksellers, LLC, Barnes & Noble Education, Inc.. (Attachments: #1 Exhibit Stipulation Regarding Inadvertent Disclosure of Attorney-client Privilege, Work Product Protection or Other Applicable Privilege)(Valdez, Carrie) |
| Filing 13 Corporate Disclosure Statement identifying Corporate Parent Barnes & Noble Education, Inc. for Barnes & Noble Education, Inc. filed by Barnes & Noble Education, Inc.. (Lebowitz, Todd) |
| Filing 12 Corporate Disclosure Statement identifying Corporate Parent Barnes & Noble Education, Inc., Corporate Parent B&N Education, LLC for Barnes & Noble College Booksellers, LLC filed by Barnes & Noble College Booksellers, LLC. (Lebowitz, Todd) |
| Filing 11 Answer to #8 Amended complaint filed by Barnes & Noble College Booksellers, LLC, Barnes & Noble Education, Inc.. (Lebowitz, Todd) |
| Filing 10 Return of Service by Clerk by certified mail executed upon Barnes & Noble Education, Inc. on 4/6/2017, filed on behalf of Charles Sabatino. Related document(s) #2 . (R,Sh) |
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Filing 9
Order For the reasons set forth herein, Defendants' Motion to Dismiss Plaintiff's Complaint (ECF No. #4 ) is denied without prejudice because it is moot due to the filing of the First Amended Complaint (ECF No. #8 ). Judge Benita Y. Pearson on 5/8/2017. (JLG)
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| Filing 8 First Amended complaint against All Defendants. Filed by Charles Sabatino. (Attachments: #1 Exhibit Agreement) (Steiner, David) |
| Filing 7 Certificate of Compliance to #6 Case Management Conference Scheduling Order. Defendant's wish to proceed with their #4 Motion to dismiss filed by All Defendants. Related document(s) #4 . (Valdez, Carrie) Modified text on 5/3/2017 (S,L). |
| Filing 6 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 5/22/2017 at 11:00 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 4/17/2017. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
| Filing 5 Initial Discovery Protocols Order Judge Benita Y. Pearson on 4/17/2017. (JLG) |
| Filing 4 Motion to dismiss for failure to state a claim filed by Barnes & Noble College Booksellers, LLC, Barnes & Noble Education, Inc.. (Attachments: #1 Brief in Support Defendants' Memorandum of Points and Authorities in Support of Their Motion to Dismiss, #2 Exhibit A - EEOC Charge, #3 Exhibit B - EEOC Notice of Right to Sue, #4 Exhibit C - Agreement for Bookstore Services between Youngstown State University and Barnes & Noble College Booksellers, LLC, #5 Exhibit D - Declaration of Barry Brover)(Lebowitz, Todd) |
| Service by Clerk. Summons and Complaint addressed to Barnes & Noble Education, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 70160910000077490450. (S,SR) |
| Filing 3 Return of Service by Clerk by certified mail executed upon Barnes & Noble College Booksellers, LLC on 3/23/2017; Barnes & Noble Education, Inc. on 3/23/2017, filed on behalf of Charles Sabatino. Related document(s) #2 . (M, S) |
| Service by Clerk. Summons and Complaint addressed to Barnes & Noble College Booksellers, LLC Receipt # 70160910000077490481, Barnes & Noble Education, Inc. Receipt # 70160910000077490474 placed in U.S. Mail. Type of service: certified mail. (S,SR) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Defendants Barnes & Noble College Booksellers, LLC and Barnes & Noble Education, Inc. (Attachments: #1 Magistrate Consent Form) (H,SN) |
| Filing 1 Complaint with jury demand against Barnes & Noble College Booksellers LLC, Barnes & Noble Education, Inc.. Filing fee paid $ 400, Receipt number 0647-8073999.. Filed by Charles Sabatino. (Attachments: #1 Civil Cover Sheet, #2 Summons to Barnes & Noble College Booksellers, LLC, #3 Summons to Barnes & Noble Education, Inc.) (Steiner, David) |
| 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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