Gately v. Apex Control Systems, Inc. et al.
| Michael Gately |
| Apex Control Systems, Inc., Thomas Drakulich, Amy Farkas and Matthew Howell |
| 4:2023cv00293 |
| February 15, 2023 |
| US District Court for the Northern District of Ohio |
| James S Gwin |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
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Filing 21
Order. The Court's staff contacted the parties by email, offered them five possible dates for a mediation conference, and directed them to respond by 4:00 PM on Monday, April 3, 2023. Neither party responded to the Courts inquiry. Having not heard from the parties, the Court directs that the mediation conference in this matter will take place on May 9, 2023, at 10:00 AM. Signed by Magistrate Judge James E. Grimes Jr. on 04/04/23. (M,MT)
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Filing 20
Order referring case to Magistrate Judge James E. Grimes Jr. for mediation/settlement. Judge James S. Gwin on 3/30/23. (T,A)
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Filing 19
Trial Order signed by Judge James S. Gwin on 3/30/23. Parties to be Joined and Pleading Amendments due by 3/30/2023. Dispositive Motions due by 5/29/2023 with Responses due by 6/12/23 and Replies due by 6/19/2023. Status Conference set for 6/15/2023 at 11:30 AM to be held by video conference (Cleveland) before Judge James S. Gwin. Discovery due by 8/21/2023. Final Pretrial Conference set for 9/12/2023 at 12:00 PM to be held by video conference (Cleveland) before Judge James S. Gwin. Jury Trial set for 9/18/2023 at 08:00 AM in Courtroom 18A before Judge James S. Gwin. (Attachments: #1 A. Exhibit List, #2 B. Witness List)(T,A)
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| Minutes of Case Management Conference [non-document] before Judge James S. Gwin on 3/30/23. All parties were present and consented to the use of video conferencing. Dates and deadlines set. Order to follow. (Court Reporter: None;Time: 1 hour) (T,A) |
| Filing 18 Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by Michael Gately. (Buryanek, Kevin) |
| Filing 17 Notice of Service of Apex's Written Discovery Requests to the Plaintiff filed by Apex Control Systems, Inc.. (Tucker, John) |
| Filing 16 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by All Defendants. (Tucker, John) |
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Order [non-document] entered by Judge James S. Gwin on 3/27/23 granting plaintiff's #15 Unopposed Motion for extension of time until March 29, 2023 to file response/reply. re #5 , #6 , #7 (T,A)
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| Filing 15 Unopposed Motion for extension of time until March 29, 2023 to file response/reply to #6 Motion to dismiss for failure to state a claim under FRCP 12(b)(6), #5 Motion to dismiss for failure to state a claim under FRCP 12(b)(6), #7 Motion to dismiss for failure to state a claim under FRCP 12(b)(6) filed by Plaintiff Michael Gately. Related document(s) #6 , #5 , #7 . (Buryanek, Kevin) |
| Filing 14 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Buryanek, Kevin) |
| Filing 13 Answer to Complaint with Jury Demand filed by Matthew Howell. Related document(s) #1 . (Tucker, John) |
| Filing 12 Answer to Complaint with Jury Demand filed by Amy Farkas. Related document(s) #1 . (Tucker, John) |
| Filing 11 Answer filed by Thomas Drakulich. Related document(s) #1 . (Tucker, John) |
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Order [non-document] entered by Judge James S. Gwin on 3/7/23 granting defendants' Motion for leave to file answers. re #10 (T,A)
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| Filing 10 Motion for leave to file Answers to Plaintiff's Complaint Instanter filed by Thomas Drakulich, Amy Farkas, Matthew Howell. (Attachments: #1 Exhibit Ex. A - Drakulich Answer, #2 Exhibit Ex. B - Farkas Answer, #3 Exhibit Ex. C - Howell Answer)(Tucker, John) |
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Filing 9
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 2/23/23 setting a case management conference on 3/30/2023 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. This Court requires the attendance of (1) all parties, (2) lead counsel, and (3) a representative with full authority for settlement purposes. (Attachments: #1 Parties' Planning Meeting Report, #2 Local Rule 30.1)(T,A)
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| Filing 8 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Apex Control Systems, Inc.. (Tucker, John) |
| Filing 7 Motion to dismiss for failure to state a claim under FRCP 12(b)(6) with memorandum in support filed by Defendant Matthew Howell. (Tucker, John) |
| Filing 6 Motion to dismiss for failure to state a claim under FRCP 12(b)(6) with memorandum in support filed by Defendant Amy Farkas. (Tucker, John) |
| Filing 5 Motion to dismiss for failure to state a claim under FRCP 12(b)(6) with memorandum in support filed by Defendant Thomas Drakulich. (Tucker, John) |
| Filing 4 Magistrate Consent Form issued. (D,Ju) |
| Judge James S. Gwin assigned to case. (D,Ju) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes Jr. (D,Ju) |
| Filing 3 Supplement to Notice of Removal - Civil Cover Sheet, filed by All Defendants. Related document(s) #1 . (Tucker, John) |
| Filing 2 Corporate Disclosure Statement filed by Apex Control Systems, Inc.. (Tucker, John) |
| Filing 1 Notice of Removal from Mahoning County Court of Common Pleas, case number 2023 CV 00078 with jury demand. Filing fee paid $ 402, receipt number AOHNDC-11842820. Filed by Apex Control Systems, Inc. (Attachments: #1 Exhibit Ex. A - State Court Complaint) (Tucker, John) |
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