Caputo et al v. MVI, Inc., 401(k) Plan et al
| Kathleen Caputo and Natalie Romeo |
| MVI, Inc., 401(k) Plan, MVI, Inc., MVI Home Care, Inc. and Kevin McGuire |
| 4:2023cv00265 |
| February 9, 2023 |
| US District Court for the Northern District of Ohio |
| Amanda M Knapp |
| Sara Lioi |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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Filing 27
Order referring case to Magistrate Judge Amanda M. Knapp to consider and resolve the #10 motion for prejudgment attachment of defendants' real property and assets now pending before this Court. Judge Sara Lioi on 4/3/2023. (V,A)
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| Filing 26 SEALED Document:Reply Memorandum in Support of Plaintiffs' Motion for Prejudgment Attachment of Defendants' Real Property and Assets filed by All Plaintiffs. Related document(s) #25 , #10 . (Mikalov, Jacob) |
| Filing 25 Marginal Entry Order granting plaintiff's #24 motion for leave to file under seal. Judge Sara Lioi on 3/29/2023. (V,A) |
| Filing 24 Motion for leave to File under Seal (a) Plaintiffs' Reply Memorandum in Support of their Motion for Prejudgment Attachment filed by Kathleen Caputo, Natalie Romeo. (Mikalov, Jacob) |
| Filing 23 SEALED Document:Supplemental Memorandum in Opposition to Plaintiffs' #10 Motion for Prejudgment Attachment filed by All Defendants. Related document(s) #22 , #19 . (Attachments: #1 Exhibit Wind-down Agreement, #2 Exhibit Wind-down Budget) (Vansuch, Matthew) |
| Filing 22 Marginal Entry Order granting defendant's #20 motion to seal. Any reply must be filed March 31, 2023. Judge Sara Lioi on 3/22/2023. (V,A) (V,A). |
| Filing 21 Response to #20 Motion for leave to File under Seal (a) Winding-Up Agreement and (b) Supplemental Memorandum in Opposition to Motion for Prejudgment Attachment filed by Kathleen Caputo. (DeRose, Robert) |
| Filing 20 Motion for leave to File under Seal (a) Winding-Up Agreement and (b) Supplemental Memorandum in Opposition to Motion for Prejudgment Attachment filed by MVI Home Care, Inc., MVI, Inc., MVI, Inc., 401(k) Plan, Kevin McGuire. (Vansuch, Matthew) Modified on 3/22/2023 (V,A). |
| Filing 19 Brief in Opposition to Motion for Prejudgment Attachment filed by All Defendants. Related document(s) #10 ,. (Attachments: #1 Exhibit Certification of Cortland Bank's Merger into Farmers National Bank, #2 Exhibit Original and Continuation UCC-1 Financing Statement against MVI, Inc., #3 Exhibit Original and Continuation UCC-1 Financing Statement against MVI Home Care, Inc., #4 Exhibit foreclosure complaint, #5 Exhibit Farmers National Bank's answer to foreclosure complaint) (Vansuch, Matthew) |
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Order [non-document]: Defendants are directed to file a response to plaintiff's motion #10 for prejudgment attachment by March 21, 2023. Judge Sara Lioi on 3/14/2023. (V,A)
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| Filing 18 Answer to #1 Complaint, with Jury Demand filed by MVI Home Care, Inc., MVI, Inc., MVI, Inc., 401(k) Plan, Kevin McGuire. (Vansuch, Matthew) |
| Filing 17 Attorney Appearance by Matthew G. Vansuch filed by on behalf of All Defendants. (Vansuch, Matthew) |
| Filing 16 Application to Clerk for entry of default against MVI, Inc., MVI Home Care, Inc., and MVI, Inc. 401(k) Plan filed by All Plaintiffs. (Mikalov, Jacob) |
| Filing 15 Return of Service by certified mail executed upon Kevin McGuire on 2/20/2023, filed on behalf of All Plaintiffs (DeRose, Robert) |
| Filing 14 Return of Service by certified mail executed upon MVI Home Care, Inc., on 2/13/2023 filed on behalf of All Plaintiffs (DeRose, Robert) |
| Filing 13 Return of Service by certified mail executed upon MVI, Inc., 401(k) Plan, on 2/13/2023 filed on behalf of All Plaintiffs (DeRose, Robert) |
| Filing 12 Return of Service by certified mail executed upon MVI, Inc., on 2/13/2023 filed on behalf of All Plaintiffs (DeRose, Robert) |
| Filing 11 Notice of Filing Withdrawal of Consent to Join filed by All Plaintiffs. (Attachments: #1 Exhibit A - Rose Withdrawal of Consent)Related document(s) #4 .(Mikalov, Jacob) |
| Filing 10 Motion for Prejudgment Attachment of Defendants' Real Property and Assets filed by Kathleen Caputo, Natalie Romeo. (Attachments: #1 Exhibit A - Caputo Declaration, #2 Exhibit B - Transcript, #3 Exhibit C - Ahlswede Declaration, #4 Exhibit D - Chance Declaration, #5 Exhibit E - Dubois Declaration, #6 Exhibit F - Ciavarella Declaration, #7 Exhibit G - Kudelko Declaration, #8 Exhibit H - McMillin Declaration, #9 Exhibit I - Scaglione Declaration, #10 Exhibit J - Baird Declaration, #11 Exhibit K - Tritt Declaration, #12 Exhibit L - Dehner Declaration, #13 Exhibit M - UCC Statement, #14 Exhibit N - Notice, #15 Exhibit O - Request for Hearing, #16 Exhibit P - Praecipe for Service) (Mikalov, Jacob) |
| Filing 9 FILING ERROR - incomplete document (attorney to refile). Return of Service by certified mail executed upon MVI, Inc., 401(k) Plan on 2/13/2023, filed on behalf of All Plaintiffs (DeRose, Robert) |
| Filing 8 FILING ERROR - incomplete document (attorney to refile). Return of Service by certified mail executed upon MVI, Inc. on 2/13/2023, filed on behalf of All Plaintiffs (DeRose, Robert) Modified on 2/27/2023 to note filing error (P,G). |
| Filing 7 FILING ERROR - incomplete document (attorney to refile). Return of Service by certified mail executed upon MVI Home Care, Inc. on 2/13/2023, filed on behalf of All Plaintiffs (DeRose, Robert) Modified on 2/27/2023 to note filing error (P,G). |
| Filing 6 Notice of Filing Consent to Join filed by All Plaintiffs. (Attachments: #1 Exhibit A- James McGuire's Consent to Join)(Mikalov, Jacob) |
| Filing 5 Notice of Filing Consent to Join filed by All Plaintiffs. (Attachments: #1 Exhibit A - Elizabeth Perkins' Consent to Join)(Mikalov, Jacob) |
| Filing 4 Notice of Filing Consents to Join filed by All Plaintiffs. (Attachments: #1 Exhibit A - Consents to Join)Related document(s) #1 .(Mikalov, Jacob) |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon MVI Home Care, Inc., c/o Edward F. Smith as Registered Agent, MVI, Inc., c/o Edward F. Smith as Registered Agent, MVI, Inc., 401(k) Plan c/o Edward F. Smith as Registered Agent, and Kevin McGuire. (Attachments: #1 Magistrate Consent Form) (G,M) |
| Filing 2 Initial Standing Order. Judge Sara Lioi on 2/9/2023. (Attachments: #1 Appendix A: Witness List, #2 Appendeix B: Exhibit List) (G,M) |
| Filing 1 Collective and Class Action Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11834000.. Filed by Natalie Romeo and Kathleen Caputo. (Attachments: #1 Exhibit A - Consent to Join Kathleen Caputo, #2 Exhibit B - Consent to Join Natalie Romeo, #3 Civil Cover Sheet, #4 Summons - MVI, Inc., 401(k), #5 Summons - MVI, Inc., #6 Summons - MVI Home Care, Inc., #7 Summons - Kevin McGuire) (DeRose, Robert) |
| Judge Sara Lioi assigned to case. (G,M) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (G,M) |
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