Hoffman et al v. Summit Testing and Inspection Company et al
| Dominic King, Christopher Wiley, Kyle Pouncey, Sean Sabolesky and Steve Hoffman |
| Summit Testing and Inspection Company and John Malivuk |
| 5:2018cv02638 |
| November 15, 2018 |
| US District Court for the Northern District of Ohio |
| Sara Lioi |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 Final Agreed Entry and Judgment: Upon the agreement of the parties, the Court dismisses this action, and all claims of the plaintiffs, with prejudice. The Court finds there is no just reason for delay. At the parties' request, the Court retains jurisdiction to enforce the terms of the parties' agreement. Judge Sara Lioi on 1/10/2020. (D,N) |
| Filing 27 Joint Submission of Proposed Final Agreed Entry and Judgment filed by All Plaintiffs. (Attachments: #1 Proposed Final Agreed Entry and Judgment)(Downie, Thomas) |
| Filing 26 Stipulation & Interim Order: The parties agree that if the remaining amounts due under their settlement agreement are paid by 12/31/2019, they will submit by 1/8/2020 their proposed Final Agreed Entry and Judgment, the terms of which have already been agreed upon; if the remaining amounts are not paid by 12/31/2019, the parties will inform the Court immediately. See order for additional details. Judge Sara Lioi on 12/4/2019. (D,S) |
| Filing 25 Proposed Stipulation and Proposed Interim Entry filed by All Plaintiffs. (Downie, Thomas) |
Order [non-document] granting #24 plaintiffs' Motion to Extend Deadlines; the joint, final agreed entry shall be due by 11/29/2019. Judge Sara Lioi on 11/20/2019. (D,S)
|
| Filing 24 Motion for extension of Due Date for Filing of Final Agreed Entry until November 29, 2019 filed by Steve Hoffman, Dominic King, Kyle Pouncey, Sean Sabolesky, Christopher Wiley. (Downie, Thomas) |
|
Order [non-document] granting #23 Joint Motion to extend deadline for submission of proposed final agreed entry, which is now due by 11/15/2019. Judge Sara Lioi on 11/7/2019. (D,S)
|
| Filing 23 Joint Motion for extension of Filing of Final Agreed Entry until November 15, 2019 filed by Steve Hoffman, Dominic King, Kyle Pouncey, Sean Sabolesky, Christopher Wiley. (Downie, Thomas) |
| Filing 22 Joint Motion for extension of time to File Final Agreed Entry until November 4, 2019 filed by Steve Hoffman, Dominic King, Kyle Pouncey, Sean Sabolesky, Christopher Wiley. (Downie, Thomas) |
|
Order [non-document] granting #22 Joint Motion to Extend Deadline for submission of proposed final agreed entry, which is now due by 11/4/2019. Judge Sara Lioi on 10/21/2019. (D,S)
|
|
Filing 21
Order: This case, having been settled by agreement of the parties during a conference with Magistrate Judge George J. Limbert, is hereby dismissed. Any and all releases, agreements or judgment entries necessary to comply with this settlement shall be executed by the interested parties. A final agreed entry, approved by counsel for all parties, shall be filed with the Court on or before 10/21/2019. The Court retains jurisdiction to resolve disputes concerning the memorialization of the settlement agreement in this matter. This case is hereby closed. Judge Sara Lioi on 8/26/2019. (O,K)
|
| Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; status conference held on 8/21/2019, which evolved into a settlement conference; Thomas A. Downie was present as counsel for plaintiffs, together with Steve Hoffman, plaintiff; Aaren R. Host was present as counsel for defendants, together with John Malivuk, defendant, and Eric King, defendants' representative; case settled; (Court Reporter: Mary Uphold); Time: 3 hours 30 minutes. (S,AA) |
| Filing 20 Notice of Hearing: Pursuant to the agreement of counsel, the conference/hearing upon the discovery disputes outlined in the parties' joint status report is continued and shall be held before Magistrate Judge George J. Limbert in Room 229 in Youngstown, Ohio on 8/21/2019 at 10:00 a.m. (Related document #15 ). (S,AA) |
| Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; conference on discovery disputes (Related document #15 ) held on 7/29/2019; Thomas A. Downie was present as counsel for plaintiffs; Aaren P. Host and Andrew J. Dorman were present as counsel for defendants; pursuant to the agreement of counsel, the conference on the discovery disputes is continued to 8/21/2019 at 10:00 a.m. before Magistrate Judge George J. Limbert; (Court Reporter: None); Time: 1 hour 15 minutes. (S,AA) |
| Filing 19 Joint Status Report filed by All Plaintiffs. (Downie, Thomas) |
| Filing 18 Notice of Hearing: Due to a conflict with the Court's calendar, and pursuant to the agreement of counsel, the conference/hearing upon the discovery disputes outlined in the parties' joint status report is rescheduled and shall be held before Magistrate Judge George J. Limbert in Courtroom 242 in Youngstown, Ohio on 7/29/2019 at 10:00 a.m.; the appearance of counsel shall be required (Related document #15 ). (S,AA) |
|
Order [non-document] that, in view of Magistrate Judge Limbert's pretrial supervision of this case, the status conference set for Wednesday, 7/3/2019 before the undersigned (Related Doc #12 ) is canceled; any conference set by Magistrate Judge Limbert is unaffected by this order. Judge Sara Lioi on 7/2/2019. (D,S)
|
|
Filing 17
Order: Pursuant to the agreement of counsel, a conference/hearing upon the discovery disputes outlined in the parties' joint status report is scheduled before Magistrate Judge George J. Limbert in Courtroom 242 in Youngstown, Ohio on 7/16/2019 at 10:00 a.m.; the appearance of counsel shall be required (Related document #15 ). Signed by Magistrate Judge George J. Limbert on 6/17/2019. (S,AA)
|
|
Filing 16
Order of Referral to Magistrate Judge: In view of the discovery issues disclosed in the parties' joint status report (Doc. No. #15 ), the Court hereby refers this action to Magistrate Judge George J. Limbert for General pretrial supervision and resolution of all non-dispositive motions. Judge Sara Lioi on 6/7/2019. (O,K)
|
| Filing 15 Joint Status Report filed by All Plaintiffs. (Attachments: #1 Exhibit Email to Defendants' Counsel dated April 24, 2019, #2 Exhibit Email from Defendants' Counsel dated May 13, 2019)(Downie, Thomas) |
|
Filing 14
Order: During the Case Management Conference conducted on March 8, 2019, the Court asked counsel to jointly consider whether plaintiffs are entitled to a jury trial, as demanded in the complaint. On April 23, 2019, the parties submitted their first joint status report wherein plaintiffs accept, for purposes of this case, that there is no right to a jury trial. (See Doc. No. #13 paragraph 5.) Accordingly, the jury demand in plaintiffs' complaint is stricken. This matter will be tried to the Court, should trial become necessary.. Judge Sara Lioi on 4/26/2019. (D,N)
|
| Filing 13 Joint Status Report filed by All Plaintiffs. (Downie, Thomas) |
| Filing 12 Case Management Plan and Trial Order. Case is assigned to the standard track. Deadline to add parties or amend pleadings 7/8/2019; Deadline for completing non-expert discovery 10/8/2019; The parties have agreed to follow the default standard for discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 11/12/2019; Deadline to identify rebuttal experts and provide reports 12/16/2019; Deadline for completing expert discovery 1/13/2020; Deadline for filing dispositive motions 11/12/2019; Deadline for filing oppositions to motions 12/16/2019; Deadline for filing replies to responses 1/6/2020; Telephone Status Conference set for 7/3/2019 at 10:00 a.m., with counsel for plaintiffs to initiate call; Status Conference set for 10/15/2019 at 10:00 a.m.; Final Pretrial Conference set for 4/14/2020 at 1:00 p.m.; Trial set on two week standby period beginning 5/4/2020 at 8:00 a.m. (Counsel shall investigate the unresolved question as to whether this will be a jury or bench trial and report to the Court in their first 45-day status report.) Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 3/8/2019. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List)(P,J) |
| Minutes of proceedings [non-document]: A telephonic Case Management Conference was conducted on 3/8/2019 by Judge Sara Lioi. Attorney Thomas Downie participated on behalf of plaintiffs; Attorneys Andrew Dorman and Aaren Host participated on behalf of defendant. The Court discussed with counsel the case management dates and deadlines and these will issue by separate order. Counsel advised that they are hopeful regarding an early resolution. The Court also discussed whether plaintiffs are entitled to a jury trial, as requested in their complaint. Counsel agreed to investigate the question and to report to the Court in their first 45-day status report. (Court reporter: None) (Time: 10 minutes) (P,J) |
| Filing 11 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by All Plaintiffs. (Downie, Thomas) |
| Filing 10 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Downie, Thomas) |
| Notice [non-document]: The telephone case management conference scheduled for 3/8/2019 is rescheduled to 8:15 AM before Judge Sara Lioi. The telephone conference will be initiated by plaintiffs' counsel. After all counsel are on line, plaintiffs' counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. (Change in time only) (P,J) |
| Filing 9 Unopposed Motion to continue Case Management Conference to March 4, March 5, March 6 (early morning or any time after 1 p.m.), March 7, or March 8, 2019 filed by Defendants Summit Testing and Inspection Company, John Malivuk. Related document(s) #7 . (Dorman, Andrew) |
|
Order [non-document] granting defendants' unopposed motion to reschedule case management conference (Related Doc #9 ). The case management conference is rescheduled to 3/8/2019 at 9:00 AM before Judge Sara Lioi. The telephone conference will be initiated by plaintiffs' counsel. After all counsel are on line, plaintiffs' counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. Judge Sara Lioi on 2/13/2019.(P,J)
|
| Filing 8 Magistrate Consent Package issued. (P,J) |
| Filing 7 Case Management Conference Scheduling Order. Telephone case management conference, with counsel only, to be held on 2/27/2019 at 10:30 a.m. before Judge Sara Lioi. The telephone conference will be initiated by plaintiffs' counsel. After all counsel are on line, plaintiffs' counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 2/6/2019. All other parties must serve on opposing parties the initial disclosures by 2/13/2019. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 1/10/2019. (Attachments: #1 Report of Parties' Planning Meeting)(P,J) |
| Filing 6 Answer to #1 Complaint, filed by John Malivuk, Summit Testing and Inspection Company. (Host, Aaren, s/ Andrew J. Dorman) Modified to note s/signature on 1/11/2019 (T,Je). |
|
Order [non-document] granting #5 defendants' unopposed Motion for Extension of Time to Answer re #1 Complaint; All Defendants shall move or otherwise plead by 1/10/2019. Judge Sara Lioi on 12/12/2018. (D,S)
|
| Filing 5 Unopposed Motion for extension of time until January 10, 2019 to answer complaint filed by John Malivuk, Summit Testing and Inspection Company. (Dorman, Andrew) |
| Filing 4 Attorney Appearance by Andrew J. Dorman filed by on behalf of All Defendants. (Dorman, Andrew) |
| Service by Clerk. Summons and Complaint addressed to Summit Testing and Inspection Company placed in U.S. Mail. Type of service: certified mail. Receipt # 7018 2290 0000 9298 8647 and John Malivuk receipt # 7018 2209 0000 9298 8654. (P,G) |
| Filing 3 Initial Standing Order. Judge Sara Lioi on 11/16/2018. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List)(P,J) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon John Malivuk, Summit Testing and Inspection Company. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| Filing 1 Complaint under the Employee Retirement Income Security Act with jury demand against John Malivuk, Summit Testing and Inspection Company. Filing fee paid $ 400, Receipt number 0647-9009041. Filed by Dominic King, Steve Hoffman, Christopher Wiley, Sean Sabolesky, Kyle Pouncey. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (Nilges, Hans) |
| Judge Sara Lioi assigned to case. (M,TL) |
| 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) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
