Nutter v. Family Dollar Stores of Ohio, LLC et al.
Plaintiff: Melissa Nutter
Defendant: Family Dollar Stores of Ohio, LLC doing business as Family Dollar, Dollar Tree Stores, Inc., Frank Stulgis, City of Warren, Michael Currington and Frank Tempesta
Case Number: 4:2023cv01985
Filed: October 11, 2023
Court: US District Court for the Northern District of Ohio
Presiding Judge: Thomas M Parker
Referring Judge: Dan Aaron Polster
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. ยง 2661 Family Medical Leave Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2023 Opinion or Order Filing 22 Notice of Dismissal Under FRCP 41(a)(1) filed by Melissa Nutter. (Makridis, Irene)
December 4, 2023 Opinion or Order Filing 21 Case Management Conference Plan/Order: This case is assigned to the standard track. The final pre-trial and trial will be set for a later date. See Order for complete requirements and deadlines. Magistrate Judge Thomas M. Parker on 12/4/2023. (D,JJ)
December 4, 2023 Opinion or Order Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Case Management Conference held via telephone on 12/4/2023. Attorney Irene K. Makridis appeared on behalf of plaintiff Melissa Nutter. Attorney Rhys B. Cartwright-Jones appeared on behalf of defendant Frank Stulgis. Attorneys John D. Pinzone and James Sanders appeared on behalf of defendants City of Warren, Michael Currington, and Frank Tempesta (the "Warren Defendants"). The court discussed with the parties the pending motion to compel arbitration (ECF Doc. #15 ) and the possibility of staying the proceedings. The court reminded the plaintiff that the 30-day deadline to respond to the motion to compel arbitration (a dispositive motion) elapsed on December 7, 2023, pursuant to Local Rule 7.1. The Warren Defendants indicated their intent to file a motion for judgment on the pleadings and stated they would likely oppose a stay of the proceedings. The court also established a case management schedule, which is reflected in the court's separately filed order. (Court Reporter: N/A. Time: 20 minutes). (D,JJ)
November 27, 2023 Opinion or Order Filing 20 Notice of Service of Initial Disclosures filed by City of Warren, Michael Currington, Frank Tempesta. (Anderson, Zachary)
November 27, 2023 Opinion or Order Filing 19 Position Statement re: Case Management Conference Agenda filed by City of Warren, Michael Currington, Frank Tempesta. (Pinzone, John)
November 13, 2023 Opinion or Order Filing 18 Case Management Conference Scheduling Order: Case management conference to be held telephonically on 12/4/2023 at 01:00 PM before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to counsel separately. Magistrate Judge Thomas M. Parker on 11/13/2023. (Attachments: #1 Attachment A - Position Statement, #2 Attachment B - Preliminary Estimate/Budget). (D,JJ)
November 7, 2023 Opinion or Order Filing 17 Consent of the parties to this case being transferred to the docket of Magistrate Judge Thomas M. Parker for further proceedings. The Case Management Conference scheduled for 11/21/2023 is cancelled. Related Document #16 . Signed by Judge Dan Aaron Polster on 11/7/2023. (K,K)
November 7, 2023 Opinion or Order Filing 16 Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference filed by City of Warren, Michael Currington, Frank Tempesta. (Anderson, Zachary)
November 7, 2023 Opinion or Order Filing 15 Motion to compel arbitration, and Motion to dismiss amended complaint filed by Defendant Frank Stulgis. (Related document(s) #1 ). (Attachments: #1 Memorandum in Support, #2 Declaration and Exhibits of Votta, #3 Affidavit and Exhibits of Broel, #4 Affidavit and Exhibits of Tutton) (Cartwright-Jones, Rhys). Added Motion to dismiss on 11/9/2023 (H,SP).
November 7, 2023 Opinion or Order IMPORTANT: Notice [non-document] Case Management Conference RESET for 11/21/2023 at 01:30 PM* at Chambers 18B before Judge Dan Aaron Polster. (*Please note change in TIME only.) Related document(s) #14 . (K,K)
November 7, 2023 Opinion or Order Magistrate Judge Thomas M. Parker assigned to case pursuant to consent. Judge Dan Aaron Polster terminated. Related document #17 . (H,Ch)
November 2, 2023 Opinion or Order Filing 14 Case Management Conference Scheduling Order with case management conference to be held on 11/21/2023 at 03:00 PM at Chambers 18B before Judge Dan Aaron Polster. Report of Parties' Planning Meeting due no later than 12:00 p.m. on 11/17/2023. Signed by Judge Dan Aaron Polster on 11/2/2023. (K,K)
November 2, 2023 Opinion or Order Filing 13 Answer and affirmative defenses to Complaint with Jury Demand, (Related Doc #1 ) filed by Frank Stulgis. (Attachments: #1 Arbitration Agreement). (Cartwright-Jones, Rhys)
November 2, 2023 Opinion or Order Filing 12 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by City of Warren, Michael Currington, Frank Tempesta. (Anderson, Zachary)
November 1, 2023 Opinion or Order Filing 11 Marginal Order and Notice of Party Dismissal. Plaintiff's claims against Defendants Family Dollar Stores of Ohio, LLC and Dollar Tree Stores, Inc., are dismissed without prejudice. Related document #10 . Signed by Judge Dan Aaron Polster on 11/1/2023. (K,K)
November 1, 2023 Opinion or Order Filing 10 Notice of Dismissal Under FRCP 41(a)(1) filed by Melissa Nutter. (Makridis, Irene)
October 16, 2023 Opinion or Order Filing 9 Marginal Order approving #8 Notice of Withdrawal of Counsel; Attorney Alejandro V. Cortes and Christopher E. Cotter terminated. Signed by Judge Dan Aaron Polster on 10/16/2023. (K,K)
October 16, 2023 Opinion or Order Filing 8 Notice of Withdrawal of Counsel filed by Frank Stulgis. (Cotter, Christopher)
October 16, 2023 Opinion or Order Order [non-document] granting Defendants' #5 Motion for extension of time until November 2, 2023 to answer Plaintiff's Amended Complaint. City of Warren, Michael Currington, and Frank Tempesta answers due 11/2/2023. Approved by Judge Dan Aaron Polster on 10/16/2023.(K,K)
October 16, 2023 Opinion or Order Order [non-document] granting Defendant's #7 Motion for extension of time until 11/2/2023 to answer Complaint. Frank Stulgis answer due 11/2/2023. Approved by Judge Dan Aaron Polster on 10/16/2023.(K,K)
October 15, 2023 Opinion or Order Filing 7 Motion for extension of time until 11/2/2023 to answer Complaint filed by Defendant Frank Stulgis. Related document(s) #1 . (Cartwright-Jones, Rhys)
October 15, 2023 Opinion or Order Filing 6 Attorney Appearance by Rhys B. Cartwright-Jones filed by on behalf of Frank Stulgis. (Cartwright-Jones, Rhys)
October 13, 2023 Opinion or Order Filing 5 Motion for extension of time until November 2, 2023 to answer Plaintiff's Amended Complaint filed by City of Warren, Michael Currington, Frank Tempesta. (Pinzone, John)
October 13, 2023 Opinion or Order Filing 4 Unopposed Motion for extension of time until November 2, 2023 to answer Amended Complaint filed by Defendant Family Dollar Stores of Ohio, LLC. and Dollar Tree Stores, Inc. (Herdman, Justin) Modified filers on 10/13/2023 (S,HR).
October 13, 2023 Opinion or Order Order [non-document] granting Defendants' #4 Unopposed Motion for extension of time until November 2, 2023 to answer Plaintiff's Amended Complaint. Dollar Tree Stores, Inc. and Family Dollar Stores of Ohio, LLC answers are due 11/2/2023. Approved by Judge Dan Aaron Polster on 10/13/2023.(K,K)
October 11, 2023 Opinion or Order Filing 3 Magistrate Consent Form issued. (G,M)
October 11, 2023 Opinion or Order Filing 2 Corporate Disclosure Statement identifying Corporate Parent Dollar Tree Stores, Inc., a wholly-owned subsidiary of Dollar Tree, Inc., a publicly traded corporation for Family Dollar Stores of Ohio LLC filed by Family Dollar Stores of Ohio LLC. (Johnson, April)
October 11, 2023 Opinion or Order Filing 1 Notice of Removal from Trumbull County Court of Common Pleas, case number 2023 CV 01293 with jury demand, Filing fee paid $ 402, receipt number BOHNDC-12221753. Filed by Family Dollar Stores of Ohio LLC and Dollar Tree Stores, Inc. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summonses for Complaint, #3 Exhibit C - Docket in Trumbull County Court Case, #4 Exhibit D - Amended Complaint, #5 Exhibit E - Summonses for Amended Complaint, #6 Exhibit F - Co-Defendants Consent to Removal, #7 Civil Cover Sheet) (/s/ Justin Herdman, Johnson, April)
October 11, 2023 Opinion or Order Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (G,M)
October 11, 2023 Opinion or Order Judge Dan Aaron Polster assigned to case. (G,M)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Nutter v. Family Dollar Stores of Ohio, LLC et al.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Melissa Nutter
Represented By: Irene K. Makridis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Family Dollar Stores of Ohio, LLC doing business as Family Dollar
Represented By: April M. Johnson
Represented By: Justin E. Herdman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Dollar Tree Stores, Inc.
Represented By: Justin E. Herdman
Represented By: April M. Johnson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Frank Stulgis
Represented By: Rhys B. Cartwright-Jones
Represented By: Alejandro V. Cortes
Represented By: Christopher E. Cotter
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: City of Warren
Represented By: John D. Pinzone
Represented By: Zachary W. Anderson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Michael Currington
Represented By: Zachary W. Anderson
Represented By: John D. Pinzone
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Frank Tempesta
Represented By: John D. Pinzone
Represented By: Zachary W. Anderson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?