Nutter v. Family Dollar Stores of Ohio, LLC et al.
| Melissa Nutter |
| 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 |
| 4:2023cv01985 |
| October 11, 2023 |
| US District Court for the Northern District of Ohio |
| Thomas M Parker |
| Dan Aaron Polster |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2661 Family Medical Leave Act |
| Both |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
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Filing 22
Notice of Dismissal Under FRCP 41(a)(1) filed by Melissa Nutter. (Makridis, Irene)
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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)
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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)
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Filing 20
Notice of Service of Initial Disclosures filed by City of Warren, Michael Currington, Frank Tempesta. (Anderson, Zachary)
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Filing 19
Position Statement re: Case Management Conference Agenda filed by City of Warren, Michael Currington, Frank Tempesta. (Pinzone, John)
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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)
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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)
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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)
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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).
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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)
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Magistrate Judge Thomas M. Parker assigned to case pursuant to consent. Judge Dan Aaron Polster terminated. Related document #17 . (H,Ch)
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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)
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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)
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Filing 12
Answer to Complaint with Jury Demand (Related Doc #1 ) filed by City of Warren, Michael Currington, Frank Tempesta. (Anderson, Zachary)
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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)
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Filing 10
Notice of Dismissal Under FRCP 41(a)(1) filed by Melissa Nutter. (Makridis, Irene)
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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)
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Filing 8
Notice of Withdrawal of Counsel filed by Frank Stulgis. (Cotter, Christopher)
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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)
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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)
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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)
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Filing 6
Attorney Appearance by Rhys B. Cartwright-Jones filed by on behalf of Frank Stulgis. (Cartwright-Jones, Rhys)
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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)
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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).
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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)
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Filing 3
Magistrate Consent Form issued. (G,M)
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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)
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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)
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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)
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Judge Dan Aaron Polster assigned to case. (G,M)
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