Burson v. Viking Forge
Plaintiff: Steven D Burson
Defendant: Viking Forge
Case Number: 5:2008cv02251
Filed: September 23, 2008
Court: US District Court for the Northern District of Ohio
Office: Labor: Fair Standards Office
County: Summit
Presiding Judge: Sara Lioi
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 206
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 2, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2009 Filing 48 Costs Taxed against plaintiff in the amount of $3163.70. Geri M. Smith, Clerk by Barbara L. Birr, Deputy Clerk. Related document(s) #47 . (B,B)
September 8, 2009 Filing 47 Bill of costs filed by Viking Forge. (Attachments: #1 Declaration of Todd H. Lebowitz in Support and Exhibits A-F)(Lebowitz, Todd) Modified text on 9/9/2009 (S,HR).
August 27, 2009 Filing 46 Judgment Entry. For the reasons set forth in the Court's Memorandum Opinion, filed contemporaneously with this Judgment Entry, defendant's Motion for summary judgment (Doc. No. #35 ) is granted, and plaintiff's Motion for partial summary judgment (Doc. No. #37 ) is denied. This case is dismissed. Judge Sara Lioi on 08/27/09. (S,HR)
August 27, 2009 Filing 45 Memorandum Opinion. Defendant's Motion for summary judgment (Doc. No. #35 ) is granted, and plaintiff's Motion for partial summary judgment (Doc. No. #37 ) is denied. This case is dismissed. Judge Sara Lioi on 08/27/09. (S,HR)
August 24, 2009 Filing 44 Status Report filed by Steven D Burson. (Groedel, Caryn)
July 17, 2009 Filing 43 Status Report filed by Viking Forge. (Lebowitz, Todd)
July 16, 2009 Filing 42 Status Report filed by Steven D Burson. (Groedel, Caryn)
June 25, 2009 Filing 41 Reply to response to #35 Motion for summary judgment filed by Viking Forge. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A - Steven Burson Deposition Transcript Excerpts, #3 Exhibit B - Steve Burson Deposition Exhibits, #4 Exhibit C - Thomas Verlihay Deposition Transcript Excerpts, #5 Exhibit D Rainey v. McWane, Inc. Case Citation)(Lebowitz, Todd)
June 25, 2009 Filing 40 Reply to response to #37 Motion for partial summary judgment filed by Steven D Burson. (Attachments: #1 Exhibit Plaintiff's Deposition Excerpts, #2 Exhibit Verlihay's Deposition Excerpts, #3 Exhibit Burson Affidavit, #4 Exhibit Selected Emails)(Groedel, Caryn)
June 15, 2009 Filing 39 Opposition to #35 Motion for summary judgment filed by Steven D Burson. (Attachments: #1 Exhibit 1 - Defendant's Response to Plaintiff's Discovery, #2 Exhibit 2 - Plaintiff's Deposition Excerpt, #3 Exhibit 3 - Overall Affidavit, #4 Exhibit 4 - Verlihay Deposition Excerpts, #5 Exhibit 5 - Tauscher Deposition Excerpts, #6 Exhibit 6 - Plaintiff's Answers to Defendant's Discovery, #7 Exhibit 7 - Defendant's Answer to Complaint, #8 Exhibit 8 - Aug. 24th Email, #9 Exhibit 9 - Burson Affidavit, #10 Exhibit 10 - Nov. 9th Email, #11 Affidavit Statement certifying pages)(Groedel, Caryn). Modified text on 6/16/2009 (S,HR).
June 15, 2009 Filing 38 Opposition to #37 Motion for partial summary judgment filed by Viking Forge. (Attachments: #1 Index of Exhibits, #2 Exhibit Steven Burson deposition, cited excerpts, #3 Exhibit Steven Burson deposition exhibits, #4 Exhibit Helen Tauscher deposition, cited excerpts, #5 Exhibit Thomas Verlihay deposition, cited excerpts, #6 Exhibit Shannon Overall deposition exhibit)(Lebowitz, Todd)
May 18, 2009 Filing 37 Motion for partial summary judgment filed by Steven D. Burson. (Attachments: #1 Defendant's Response to Plaintiff's 2nd Request for Production, #2 Plaintiff's Deposition Transcript, #3 Verlihay Deposition Transcript, #4 Overall Deposition Transcript, #5 Plaintiff's Answer to Defendant's Discovery, #6 Tauscher Deposition Transcript, #7 Declaration of Overall, #8 Defendant's Answer to Plaintiff's Complaint, #9 Declaration of Hicks, #10 Declaration of Jenkins)(Groedel, Caryn)
May 18, 2009 Filing 36 Notice of Filing Deposition Transcripts filed by Steven D Burson. (Attachments: #1 Exhibit Plaintiff's deposition transcript, #2 Exhibit Shannon Overall deposition transcript, #3 Exhibit Helen Tauscher's deposition transcript, #4 Exhibit Tom Verlihay's deposition transcript, #5 Exhibit Andrew Birge's deposition transcript)(Groedel, Caryn)
May 18, 2009 Filing 35 Motion for summary judgment filed by Defendant Viking Forge. (Attachments: #1 Brief in Support Memorandum , #2 Index to Exhibits, #3 Steven Burson Deposition Excerpts, #4 Burson Deposition Excerpts, #5 Thomas Verlihay Deposition Excerpts, #6 Helen Tauscher Deposition Excerpts, #7 Declaration of Thomas Verlihay, #8 Declaration of John Koontz, #9 Declaration of Jim Jenkins, #10 Declaration of Roger Hicks, #11 Declaration of Shannon Overall, #12 Jones v. ENSR Corp. Unreported Case)(Lebowitz, Todd)
April 27, 2009 Minutes of proceedings [non-document]. A status conference was held on April 27, 2009 before Judge Lioi. Attorney Caryn Groedel appeared on behalf of Plaintiff and attorney Todd Lebowitz appeared on behalf of defendant. Counsel advised the Court that no other individuals elected to opt-in. As such, the case will go forward as an individual action.The parties have completed discovery, and both sides have indicated that they will be filing dispositive motions. (Time: 6 minutes.) (Court Reporter: None.) (P,J)
April 22, 2009 Filing 34 Notice of Status Conference RESCHEDULED to 10:00 AM on 4/27/2009 in Chambers 526 before Judge Sara Lioi. (Change in time only). (P,J)
March 17, 2009 Filing 33 Status Report filed by Viking Forge. (Lebowitz, Todd)
March 13, 2009 Filing 32 Status Report filed by Steven D Burson. (Groedel, Caryn)
February 4, 2009 Filing 31 Stipulated Protective Order. Judge Sara Lioi on 2/4/2009. (P,J)
February 2, 2009 Filing 30 Joint Status Report filed by Viking Forge, Steven D Burson. (Lebowitz, Todd)
January 30, 2009 Filing 29 Joint Motion for Stipulated Protective Order relating solely to wage data, jointly filed by Defendant Viking Forge, Plaintiff Steven D Burson. (Lebowitz, Todd)
January 12, 2009 Opinion or Order Order [non-document]: The Joint Motion to Adopt Proposed Opt-In Notice to Potential Plaintiffs (Related Doc #28 ) is granted. Plaintiff's counsel is directed to send the Notice to potential class members by January 16, 2009. Judge Sara Lioi on 1/12/2009.(P,J)
January 9, 2009 Filing 28 Joint Motion to Adopt Proposed Opt-In Notice to Potential Plaintiffs filed by Steven Burson and Viking Forge. (Attachments: #1 Notice)(Lebowitz, Todd) Modified text and filers on 1/12/2009 (H,KR).
December 22, 2008 Opinion or Order Filing 27 Case Management Plan and Trial Order: Case is assigned to the standard track. Deadline to add parties or amend pleadings 1/30/2009; Deadline for completing non expert discovery 4/27/2009; The parties have agreed to follow the default standard for discovery of electronically-stored information; Deadline for plaintiff to ID experts and reports 8/10/2009; Deadline for defendant to ID expert and reports 9/8/2009; Deadline for completing expert discovery 10/5/2009; Deadline for filing dispositive motions 5/18/2009; Deadline for filing oppositions to motions 6/15/2009; Deadline for filing replies to responses 6/25/2009; Status Conference set for 4/27/2009 at 12:00 Noon; Final Pretrial Conference set for 10/14/2009 at 4:30 PM; Jury trial set on a two-week standby period beginning 10/26/2009. Signed by Judge Sara Lioi on 12/22/2008. (P,J)
December 22, 2008 Filing 26 Plaintiff's Attorney Fee Itemization by Caryn M. Groedel filed by Plaintiff Steven D Burson. (Groedel, Caryn) Modified docket text and terminated motion on 12/22/2008 (B,IE).
December 22, 2008 Minutes of proceedings [non-document]. A case management conference was held on December 22, 2008 in Judge Lioi's chambers. Attorney Caryn Groedel appeared on behalf of Plaintiff. Attorney Todd Lebowitz appeared on behalf of Defendant. Defendant representatives Roger Koeberle and Helen Tauscks were also in attendance, and plaintiff Steve Burson participated by phone. Counsel discussed scheduling dates with the Court, and the Court set dates and deadlines that will appear in the Court's Case Management Plan and Trial Order (CMPTO). The parties agree as to the size and scope of the class. As such, plaintiff's motion for conditional certification (Doc. No. #16 ) is rendered MOOT. The parties also discussed the merits of the suit and the procedures for discovery. Plaintiff's counsel will provide defense counsel with a draft notice for the class opt-in procedure by December 23, 2008. Counsel for defendant will provide plaintiff's counsel with the names, addresses, and phone numbers of the five class members by December 29, 2008. Counsel will meet on January 9, 2009 to finalize the opt-in notice, and will submit a joint notice to the Court by January 14, 2009. Upon approval, the notice will be issued by January 16, 2009. Individuals will have until January 29, 2009 to opt-in. In addition, defendant shall respond to plaintiff's written discovery by January 26, 2009. Plaintiff's deposition shall be taken by on February 24, 2009 at the offices of defense counsel. With the exception of one shift supervisor whose deposition shall be taken in April of 2009, the depositions of the remaining shift supervisors shall take place from February 25, 2009 to February 27, 2009 in plaintiff's counsels offices. The Court does not anticipate any discovery disputes in this matter, but reminds counsel to refer to the Local Rules before bringing any such dispute to the Court. Finally, the parties are reminded to submit joint status reports every 45 days, as set forth in the Courts CMPTO. (Court Reporter: None). (Time: 48 minutes). (P,J) Modified text on 4/27/2009 (P,J).
December 19, 2008 Filing 25 Opinion and Order: The Court hereby denies plaintiff's counsel's motion to seal documents and to transfer the case (Related Doc #21 ). Plaintiff's separate motion to transfer (Related Doc #23 ) is also denied. It is the Court's intention to put this preliminary matter behind it, and focus on the administration of this case. Judge Sara Lioi on 12/19/2008.(P,J)
December 19, 2008 Filing 24 Motion to attend Case Management Conference Scheduled for December 22, 2008 by telephone filed by Plaintiff Steven D Burson. (Attachments: #1 Exhibit)(Groedel, Caryn)
December 19, 2008 Opinion or Order Order [non-document]: This matter came before the Court upon the motion of Plaintiff to participate in the Case Management Conference by telephone. (Related Doc #24 ). The Court considers Case Management Conferences to be extremely important and expects the client to be present, particularly when the client has initiated the lawsuit. That said, due to the nature of the case, and because the Court believes that Plaintiff's participation in person will not be necessary for an effective Case Management Conference, the Court reluctantly grants Plaintiff's motion. Plaintiff will be required to, and should be prepared to, attend all future court proceedings. Plaintiff is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060 to participate in the case management conference by telephone. Judge Sara Lioi on 12/19/2008.(P,J)
December 18, 2008 Filing 23 Motion to change/transfer venue filed by Plaintiff Steven D Burson. (Groedel, Caryn)
December 16, 2008 Filing 22 FILING ERROR - Duplicate document of #21 Motion to change/transfer venue filed by Plaintiff Steven D Burson. (Attachments: #1 Exhibit, #2 Exhibit)(Groedel, Caryn) Modified event and text on 12/17/2008 (M,TL).
December 15, 2008 Filing 21 Motion to seal Order Dated December 5, 2008, and this Motion, and Motion to Transfer Case to United States District Court for Northern District of Ohio, Eastern Division, Cleveland, Ohio filed by Plaintiff Steven D Burson. (Attachments: #1 Exhibit, #2 Exhibit)(Groedel, Caryn)
December 12, 2008 Opinion or Order Order [non-document] granting joint motion to reschedule case management conference and extend time for response to motion (Related Doc #20 ). Case management conference rescheduled to 12/22/2008 at 9:00 AM in Chambers 526 before Judge Sara Lioi. Deadline for defendant to respond to plaintiff's motion for conditional certification (Related Doc #16 ) extended until 14 days after the case management conference. Judge Sara Lioi on 12/12/2008.(P,J)
December 11, 2008 Filing 20 Joint Motion for extension of Case Management Conference until December 22, 2008 filed by Defendant Viking Forge and Plaintiff Steven D. Burson. (Lebowitz, Todd) Modified filers and text on 12/12/2008 (M,TL).
December 5, 2008 Filing 19 Case Management Conference Scheduling Order: Case management conference to be held on 12/18/2008 at 2:00 PM in Chambers 526, U.S. Courthouse, 2 South Main Street, Akron, Ohio, before Judge Sara Lioi. Judge Sara Lioi on 12/5/2008. (P,J)
December 5, 2008 Opinion or Order Filing 18 Order reassigning case to Judge Sara Lioi for all further proceedings. Judge David D. Dowd, Jr. no longer assigned to case. Signed by Judge David D. Dowd, Jr. on 12/5/2008. (M,De)
December 5, 2008 Opinion or Order Filing 17 Case Management Conference Plan/Order. Case is assigned to the standard track. Status Conference set for 6/4/2009 at 12:00 noon in Chambers 402 before Judge David D. Dowd Jr. Discovery due by 5/29/2009. Parties to be Joined and Pleading Amendments due by 1/30/2009, Signed by Judge David D. Dowd, Jr. on 12/4/2008. (M,De)
December 4, 2008 Filing 16 Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Plaintiff Steven D Burson. (Attachments: #1 Exhibit Opt-in Discovery, #2 Exhibit Proposed Order)(Groedel, Caryn)
December 4, 2008 Minutes of proceedings [non-document] before Judge David D. Dowd, Jr. Case Management Conference held on 12/4/2008. (Court Reporter: none) Time: 35 Minutes. (M,De)
December 3, 2008 Filing 15 Motion to attend Case Management Conference Scheduled for December 4, 2008 by telephone filed by Plaintiff Steven D Burson. (Groedel, Caryn)
November 26, 2008 Filing 14 Notice of Serving Defendant's Initial Rule 26(A) Disclosures filed by Viking Forge. (Lebowitz, Todd)
November 25, 2008 Filing 13 Initial Disclosures of Representative Plaintiff filed by Steven D Burson. (Groedel, Caryn)
November 24, 2008 Filing 12 Notice of Filing Joint Discovery Plan filed by all parties. Related document(s) #10 .(Lebowitz, Todd)
November 10, 2008 Filing 11 Answer to #2 Complaint filed by Viking Forge. (Lebowitz, Todd)
October 17, 2008 Opinion or Order Filing 10 Case Management Conference Scheduling Order with case management conference to be held on 12/4/2008 at 12:30 p.m. in Chambers 402 before Judge David D. Dowd Jr. Signed by Judge David D. Dowd, Jr. on 10/17/2008. (Attachments: #1 Appendix K, #2 Discovery Plan, #3 Local Rule 30.1, #4 Map) (M,De)
October 16, 2008 Opinion or Order Filing 9 Order granting defendant leave to plead until 11/10/08. (Related document #5 ). Signed by Judge David D. Dowd, Jr. on 10/15/08. (M,De)
October 16, 2008 Filing 8 Corporate Disclosure Statement by Viking Forge filed by Viking Forge. (Lebowitz, Todd)
October 16, 2008 Filing 7 Notice of Magistrate Consent form. (M,De)
October 16, 2008 Notice by Clerk that Viking Forge failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (M,De)
October 15, 2008 Filing 6 Attorney Appearance by Jeffrey R. Vlasek filed by on behalf of Viking Forge. (Vlasek, Jeffrey)
October 15, 2008 Filing 5 Unopposed Motion for extension of time until November 19, 2008 to answer , Move or Otherwise Plead filed by Defendant Viking Forge. Related document(s) #2 . (Lebowitz, Todd)
October 1, 2008 Filing 4 Return of Service Executed upon Viking Forge by Certified Mail on September 29, 2008 filed on behalf of Steven D Burson (Groedel, Caryn)
September 23, 2008 Filing 3 Summons and Magistrate Consent Form issued for service upon Viking Forge. (Attachments: #1 Magistrate Consent Form) (M,TL)
September 23, 2008 Filing 2 Complaint with jury demand against Viking Forge. Filing fee $ 350, receipt number 06470000000003216732, filed by Steven D Burson. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Groedel, Caryn)
September 23, 2008 Filing 1 Civil Cover Sheet filed by Steven D Burson. Filing fee $ 350, receipt number 06470000000003216546 (Groedel, Caryn) Modified text on 9/24/2008 (S,He).
September 23, 2008 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL)
September 23, 2008 Judge David D. Dowd, Jr. assigned to case. (M,TL)

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Plaintiff: Steven D Burson
Represented By: Caryn M. Groedel
Represented By: Jennifer L. Speck
Represented By: Chastity L. Christy
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Defendant: Viking Forge
Represented By: Jeffrey R. Vlasek
Represented By: Todd H. Lebowitz
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