Loboy v. Aramark Uniform & Career Apparel, LLC et al
| Virginia Loboy |
| Walmart Stores East LP, John Doe, John Doe Managers and Aramark Uniform & Career Apparel, LLC |
| 4:2019cv00083 |
| January 11, 2019 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on March 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 22 Case Management Conference Plan/Order. Case is assigned to the standard track, and is not suitable for Alternative Dispute Resolution (ADR) at this time. On or after 4/5/2019, a party may file with the Court a request for an order of referral to ADR. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. The cutoff for fact discovery shall be 7/5/2019. On or before 8/2/2019, Plaintiff shall identify his retained expert witness(es) and provide opposing counsel with a written expert report(s). On or before 9/3/2019, Defendants shall identify their retained expert witness(es) and provide opposing counsel with responsive reports. The cutoff to amend pleadings and add parties is 4/5/2019. The cutoff for filing dispositive motions is 8/16/2019, with responses filed by 9/16/2019 and replies by 9/30/2019. Witten stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court on or before 8/16/2019. If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. A Telephonic Status Conference is set for 6/24/2019 at 12:00 p.m. Counsel for Defendant Wal-Mart Stores East, LP 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 3/6/2019. (JLG) |
| Filing 21 Stipulated Protective Order regarding Confidential Documents and Inadvertent Disclosure of Attorney-Client Privilege, Work Product Protection or Other Applicable Privilege. Judge Benita Y. Pearson on 3/6/2019. Related document(s) #19 . (JLG) |
| Filing 20 Memorandum of Opinion and Order For the reasons set forth herein, Plaintiff's Motion to Remand for Defect Other Than Subject Matter Jurisdiction, ECF No. #4 , is denied. Judge Benita Y. Pearson on 3/6/2019. (JLG) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 3/6/2019. Present were Attorney Donald A. Duda, Jr. as counsel for Plaintiff; Attorney In Son J. Loving as counsel for Defendant Wal-Mart Stores East, LP; and Attorney Stephen M. Houghton as counsel for Defendant Aramark Uniform & Career Apparel, LLC. Also present was Plaintiff Virginia Loboy; Clarence Richard as representative for Defendant Wal-Mart Stores East, LP; and Brendan McCarthy as representative for Defendant Aramark Uniform & Career Apparel, LLC. The Court and the parties discussed the underlying facts of the case, the parties' respective positions, and the feasibility of mediation. On or after 4/5/2019, a party may file with the Court a request for an order of referral to ADR. The Court adopts the parties' proposed case management schedule, with modification as discussed. A separate case management order will issue. (Court Reporter: None); Time: 30 minutes. (JLG) |
| Filing 19 Proposed stipulated protective order filed by Defendant Walmart Stores East LP. (Loving, In Son) |
| Filing 18 Report of Parties' Planning Meeting - filed by Walmart Stores East LP. (Loving, In Son) |
| Filing 17 Notice of Service of Initial Disclosures filed by Walmart Stores East LP. (Loving, In Son) |
| Filing 16 Notice of Service of Defendant Aramark Uniform & Career Apparel, LLC's Initial Disclosures filed by Aramark Uniform & Career Apparel, LLC. (Houghton, Stephen) |
| Filing 15 Corporate Disclosure Statement identifying Corporate Parent Walmart Inc. for Walmart Stores East LP filed by Walmart Stores East LP. (Loving, In Son) |
| Filing 14 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Walmart Stores East LP. (Loving, In Son) |
| Filing 13 Notice of and Service of Plaintiff's Disclosures filed by Virginia Loboy. (Duda, Donald) |
| Filing 12 Return of Service by certified mail executed upon Walmart Stores East LP on 1/28/2019, filed on behalf of Virginia Loboy Related document(s) #9 . (Attachments: #1 Exhibit Certfied Mail delivery documents)(Duda, Donald) |
| Filing 11 Corporate Disclosure Statement identifying Corporate Parent Aramark for Aramark Uniform & Career Apparel, LLC filed by Aramark Uniform & Career Apparel, LLC. (Houghton, Stephen) |
| Filing 10 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 3/6/2019 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. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 1/28/2019. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
| Filing 9 Alias Summons issued to counsel for service upon Walmart Stores East LP. (Y,Br) |
| Filing 8 Praecipe for issuance of Alias Summons to Defendant filed by Virginia Loboy. (Attachments: #1 Summons proposed summon to a defendant)(Duda, Donald) |
| Filing 7 Attorney Appearance by Stephen M. Houghton filed by on behalf of Aramark Uniform & Career Apparel, LLC. (Houghton, Stephen) |
| Filing 6 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Aramark Uniform & Career Apparel, LLC. (Brondou, Derek) |
| Filing 5 Response to #4 Motion to remand for defect other than lack of subject matter jurisdiction filed by Aramark Uniform & Career Apparel, LLC. (Brondou, Derek) |
| Filing 4 Motion to remand for defect other than lack of subject matter jurisdiction filed by Plaintiff Virginia Loboy. (Attachments: #1 Exhibit C to the Notice of Removal)(Duda, Donald) |
| Notice to Attorney Stephen M. Houghton. 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. Related document(s) #1 . (P,WL) |
| Filing 3 Magistrate Consent Form issued. (Y,Br) |
| Filing 2 Supplement (Civil Cover Sheet page 2) filed by Aramark Uniform & Career Apparel, LLC. Related document(s) #1 . (Brondou, Derek). |
| Filing 1 Notice of Removal from Mahoning County Common Pleas, case number 2018-CV-2894 with jury demand, Filing fee paid $ 400, receipt number 0647-9091009.. Filed by Aramark Uniform & Career Apparel, LLC. (Attachments: #1 Exhibit Mahoning County Complaint, #2 Exhibit Service of Process Transmittal, #3 Exhibit Mahoning County Docket Sheet as of 1/11/19, #4 Exhibit Notice of Removal - State Court, #5 Civil Cover Sheet, #6 Exhibit Corporate Disclosure Statement) (Brondou, Derek). |
| 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. (Y,Br) |
| Judge Benita Y. Pearson assigned to case. (Y,Br) |
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