Dwayne Ballard v. Kenan Advantage Group, Inc. et al
| Dwayne Ballard |
| Kenan Advantage Group, Inc. and Does 1 through 50, inclusive |
| 5:2020cv01042 |
| May 13, 2020 |
| US District Court for the Northern District of Ohio |
| Kathleen B Burke |
| Carmen E Henderson |
| Sara Lioi |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| Both |
Docket Report
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| Filing 96 Final Judgment and Order granting plaintiff's #95 Unopposed Motion for Final Approval of Class Settlement, Award of Attorney Fees and Litigation Expenses, and Service Payment. Additionally, the hearing scheduled for March 1, 2022, at 10:00 a.m. is canceled. Magistrate Judge Carmen E. Henderson on 2/28/2022. (W,K) |
| Filing 95 Unopposed Motion for Final Approval of Class Settlement, Award of Attorney Fees and Litigation Expenses, and Service Payment to Plaintiff filed by Plaintiff Dwayne Ballard. (Attachments: #1 Exhibit Declaration of American Legal Claim Services, LLC, #2 Exhibit Declaration of Matthew Dooley, #3 Exhibit Declaration of Justin Kachadoorian, #4 Exhibit Declaration of Dwayne Ballard)(Dooley, Matthew) |
| IMPORTANT: Notice [non-document] The Final Approval hearing on the question of whether the Stipulation should be finally approved as fair, reasonable, and adequate that is scheduled for March 1, 2022, at 10:00 a.m. before United States Magistrate Judge Carmen E. Henderson will be held by video conference. (This is a location change only) The court will host the hearing by zoom and counsel will receive the link by way of separate email. Related document #94 . (W,K) |
Filing 94
Order granting plaintiff's #90 Unopposed Motion for Preliminary Approval of Class Action Settlement. The Final Approval hearing on the question of whether the Stipulation should be finally approved as fair, reasonable, and adequate is scheduled on March 1, 2022, at 10:00 a.m. before United States Magistrate Judge Carmen E. Henderson, Room 242,Thomas D. Lambros Federal Building & US Courthouse, 125 Market Street, Youngstown, Ohio 44503. The Court may, in its discretion, schedule the Final Approval Hearing virtually due to the ongoing COVID-19 pandemic. Magistrate Judge Carmen E. Henderson on 9/10/2021. (W,K)
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| Filing 93 Supplement to Unopposed Motion for Preliminary Approval of Class Action Settlement - Notice of Supplemental Filing, filed by Dwayne Ballard. Related document(s) #90 . (Attachments: #1 Exhibit Amended Exhibit B - Long Form Class Notice - Disclosure Class, #2 Exhibit Amended Exhibit C - Long Form Class Notice - Adverse Action Class, #3 Exhibit Amended Exhibit D - Email Class Notice - Disclosure Class, #4 Exhibit Amended Exhibit E - Email Class Notice - Adverse Action Class, #5 Exhibit Amended Exhibit F - Postcard Class Notice - Disclosure Class, #6 Exhibit Amended Exhibit G - Postcard Class Notice - Adverse Action Class)(Dooley, Matthew) |
| Filing 92 Consent of the parties to this case being transferred to the docket of Magistrate Judge Carmen E. Henderson for further proceedings. Judge John R. Adams on 9/7/21. (K,C) |
| Magistrate Judge Carmen E. Henderson assigned to case. pursuant to consent. Judge John R. Adams terminated. Related document(s) #92 . (M,TL) |
| Filing 91 Consent to Exercise of Jurisdiction by a United States Magistrate Judge filed by Kenan Advantage Group, Inc.. (Kaldor, Chad) |
| Pursuant to General Order 2021-13, the consent to Magistrate Judge Kathleen B. Burke has been withdrawn. This case has been returned to previously assigned District Judge John R. Adams and has been randomly reassigned to Magistrate Judge Carmen E. Henderson. If the parties wish to consent to the jurisdiction of the magistrate judge, pursuant to 28 U.S.C. Section 636(c), they should complete and electronically file with the Clerk of Court a Consent to Exercise Jurisdiction by a United States Magistrate Judge form. (S,He) |
| Filing 90 Unopposed Motion for Preliminary Approval of Class Action Settlement with memorandum in support filed by Plaintiff Dwayne Ballard. (Attachments: #1 Declaration of Justin Kachadoorian, #2 Stipulation of Settlement, #3 Proposed Order )(Kachadoorian, Justin) |
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Order [non-document] denying defendant's partial motion for judgment on the pleadings (Related Doc #79 ), without prejudice, in light of the parties' settlement. Magistrate Judge Kathleen B. Burke on 7/27/2021.(P,G)
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Order [non-document] granting Doc. #89 Joint Motion for extension of Submission of Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement until August 23, 2021. No further extensions will be granted. Magistrate Judge Kathleen B. Burke on 7/22/2021.(W,Su)
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| Filing 89 Joint Motion for extension of Submission of Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement until August 23, 2021 filed by Plaintiff Dwayne Ballard. (Dooley, Matthew) |
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Order [non-document] granting #88 Joint Motion for extension of time until July 22, 2021 to Submit Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement. Magistrate Judge Kathleen B. Burke on 6/28/2021.(P,G)
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| Filing 88 Joint Motion for extension of time until July 22, 2021 to Submit Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement filed by Defendant Kenan Advantage Group, Inc.. Related document(s) #87 . (Kaldor, Chad) |
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Filing 87
Order: It is hereby, ORDERED, ADJUDGED and DECREED that the Parties file their Stipulation of Settlement and their Joint Motion for Preliminary Approval of Proposed Class Settlement on or before July 1, 2021. (Related document #86 ). Magistrate Judge Kathleen B. Burke on 5/6/2021. (P,G)
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| Filing 86 Joint Motion for Scheduling Order and Notice of Settlement filed by Plaintiff Dwayne Ballard. (Attachments: #1 Proposed Order)(Dooley, Matthew) Modified text on 5/12/2021 (D, I). |
| Filing 85 Marginal Order approving joint #84 stipulation of time of briefing schedule of #79 partial motion for judgment on the pleadings. Magistrate Judge Kathleen B. Burke on 4/30/2021. (P,G) |
| Filing 84 Second Joint Stipulation for Extension of Time of Briefing Schedule of Partial Motion for Judgment on the Pleadings filed by Dwayne Ballard. (Bosak, Stephen) Modified on 5/12/2021 (D, I). |
| Filing 83 Marginal Order approving joint #82 stipulation of time of briefing schedule of #79 partial motion for judgment on the pleadings. Magistrate Judge Kathleen B. Burke on 4/19/2021. (P,G) |
| Filing 82 Joint Proposed Stipulation for Extension of Time of Briefing Schedule of Partial Motion for Judgment on the Pleadings ten days until April 29, 2021 filed by Dwayne Ballard. Related document(s) #79 , #81 .(Dooley, Matthew) |
| Filing 81 Minute Order of Telephone Conference held on 4/6/2021. The new case management dates are as follows: Deadline to file opposition to Motion for Judgment on the Pleadings: April 19, 2021; Deadline to file reply to Motion for Judgment on the Pleadings: May 3, 2021; Deadline for Completing All Class Cert. Discovery: July 28, 2021; Deadline for Plaintiff to Identify Experts and Reports: June 28, 2021; Deadline to Identify Rebuttal Experts and Reports: July 28, 2021; Deadline for Filing Class Cert. Motion: August 27, 2021; Deadline for Filing Oppositions to Motion: 30 days later; Deadline for Filing Reply to Response: 14 days later; Daubert Hearing, if necessary: week of October 18, 2021; Class Cert. Hearing: week of October 25, 2021. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Time: 30 minutes. Magistrate Judge Kathleen B. Burke on 4/7/2021. (P,G) |
| IMPORTANT: Notice [non-document] of Telephone Conference with counsel set for 4/6/2021 at 4:00 PM before Magistrate Judge Kathleen B. Burke. Bridge line instructions for the call will be emailed to counsel. (W,Su) |
| Filing 80 Joint Status Report (Post-Mediation) filed by Kenan Advantage Group, Inc.. Related document(s) #78 .(Kaldor, Chad) |
| Filing 79 Partial Motion for judgment on the pleadings filed by Defendant Kenan Advantage Group, Inc.. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit 1 - Summary)(Kaldor, Chad) |
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Filing 78
Order: granting #77 Joint Motion to hold litigation deadlines in abeyance pending the parties' mediation on March 12, 2021. The parties shall file a joint post-mediation status report on or before March 26, 2021. Magistrate Judge Kathleen B. Burke on 2/22/2021. (P,G)
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| Filing 77 Joint Status Report Regarding Mediation; Joint Motion to Hold Litigation Deadlines in Abeyance filed by Dwayne Ballard. (Attachments: #1 Proposed Order)(Bosak, Stephen) |
| Filing 76 Joint Status Report of Parties filed by Kenan Advantage Group, Inc.. Related document(s) #75 .(Kaldor, Chad) |
| Filing 75 Minute Order of Telephone Conference held on 1/7/21. After discussion, counsel agreed that, by January 12, 2021, plaintiff will provide defendant with a mediation proposal. On or by January 21, 2021, counsel will file a Joint Status Report stating, if they have agreed to mediate, who they have selected as mediator and the time frame for the mediation. To relieve compression of the case management dates to accommodate the parties' attempts to mediate this case, the Court agreed to extend the expert report dates as follows: Deadline for Plaintiff to Identify Experts and Reports: February 22, 2021; Deadline to Identify Rebuttal Experts and Reports: March 24, 2021. Magistrate Judge Kathleen B. Burke on 1/7/21. (Time: 30 minutes)(S,HR) |
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Filing 74
Stipulated Protective Order regarding confidential documents approved by Magistrate Judge Kathleen B. Burke on 11/13/20. (Related #73 .)(S,HR)
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| Filing 73 Proposed Order (Stipulated Protective Order) filed by Kenan Advantage Group, Inc.. (Kaldor, Chad) |
| Filing 72 Minute Order of Telephone Conference held on 10/27/20. The Court discussed the parties' recent joint motion to extend the case management dates (Doc. 71). After discussion, the Court agreed to extend the relevant dates as follows: Deadline for Completing All Class Cert. Discovery: March 23, 2021; Deadline for Plaintiff to Identify Experts and Reports: January 21, 2021; Deadline to Identify Rebuttal Experts and Reports: February 22, 2021; Deadline for Filing Class Cert. Motion: April 24, 2021; Deadline for Filing Oppositions to Motion: 30 days later; Deadline for Filing Reply to Response: 14 days later; Daubert Hearing, if necessary: week of June 7, 2021; Class Cert. Hearing: week of June 14, 2021. Magistrate Judge Kathleen B. Burke on 10/27/20. (Time: 13 minutes)(S,HR) |
| IMPORTANT: Notice [non-document] of Telephone Conference with counsel set for 10/27/2020 at 2:00 PM before Magistrate Judge Kathleen B. Burke. Counsel are to use the Court's bridge line instructions that will be emailed to counsel. (W,Su) |
| Filing 71 Joint Motion for extension of Dates Set Forth in Court's July 24 Case Management Plan Order filed by Defendant Kenan Advantage Group, Inc.. Related document(s) #68 . (Kaldor, Chad) |
| Filing 70 Minute Order of Telephone Conference held on 9/22/20. The Court discussed the parties' recent Joint Status Report (Doc. #69 ), in which the parties indicated their divergent positions regarding the time frame for mediation. After discussion, the Court set a telephone call with counsel for January 7, 2021, at 1:00 p.m., to revisit the issue. Counsel are to use the same bridge line instructions for the call that were previously provided. Magistrate Judge Kathleen B. Burke on 9/22/20. (Time: 20 minutes)(S,HR) |
| Filing 69 Joint Status Report filed by Kenan Advantage Group, Inc.. (Kaldor, Chad) |
| IMPORTANT: Notice [non-document] of Telephone Conference with counsel set for 9/22/2020 at 2:00 PM before Magistrate Judge Kathleen B. Burke. The Court's bridge line instructions for the call will be emailed to counsel. (W,Su) |
| Filing 68 Case Management Conference Plan Order. Case assigned to Complex Track; Deadline to add parties or amend pleadings: 08/11/20; Joint Status Report regarding Mediation: 09/18/20; Deadline for completing all Class Certification Discovery: 12/23/2020; Deadline for plaintiff to identify experts and reports: 10/23/20; Deadline to identify rebuttal experts and reports: 11/23/2020; Deadline for filing Class Certification Motion: 01/24/2021; Deadline for filing Opposition to Class Certification Motion: 30 days after motion filed; Deadline for Filing Reply to Response: 14 days after opposition filed; Daubert Hearing, if necessary: week of 03/08/21; Class Certification Hearing: week of 03/15/21; Telephonic Status Conference, Final Pretrial and Trial: TBA. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Magistrate Judge Kathleen B. Burke on 7/24/20. (S,HR) |
| Filing 67 Minute Order of Case Management Conference held on 7/24/20. After discussion, the Court set case management dates. Counsel will file a Joint Status Report on or by September 18, 2020, advising the Court as to the timeline and method of mediation they wish to pursue and the discovery that has occurred to date. A Case Management Scheduling Plan Order will issue separately. Magistrate Judge Kathleen B. Burke on 7/24/20. (Time: 17 minutes)(S,HR) |
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Filing 66
Order. The Court finds that discovery should be bifurcated in this case. Class certification related discovery will proceed first. A telephonic case management conference with counsel is hereby scheduled for July 24, 2020, at 10:00 a.m. Bridge line instructions for the call will be emailed to counsel. Magistrate Judge Kathleen B. Burke on 7/20/20. (S,HR)
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| Filing 65 Brief in Support of Bifuracting Discovery filed by Kenan Advantage Group, Inc.. (Attachments: #1 Exhibit) (Kaldor, Chad) |
| Filing 64 Response to order of June 30, 2020 Regarding Bifurcation of Discovery filed by Dwayne Ballard. (Bosak, Stephen) |
| Filing 63 Answer to #61 Amended class complaint filed by Kenan Advantage Group, Inc.. (Kaldor, Chad) |
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Order [non-document] Counsel for each side is hereby ordered to file a brief, not to exceed five pages double spaced, in support of their positions regarding whether discovery in this case should be bifurcated. The briefs are due by 12:00 noon on July 7, 2020. The Case Management Conference currently set for July 1 is hereby canceled and will be rescheduled. Magistrate Judge Kathleen B. Burke on 6/30/2020. (W,Su)
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| Filing 62 Report of Parties' Planning Meeting - parties consent to this case being assigned to the magistrate judge, filed by Dwayne Ballard. (Bosak, Stephen) |
| Filing 61 Amended class complaint with jury demand against All Defendants. Filed by Dwayne Ballard. (Attachments: #1 Exhibit A - Disclosure & Release) (Dooley, Matthew) |
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Order [non-document] approving the parties' joint #60 Stipulation to allow plaintiff to file First Amended Complaint. Plaintiff shall file the First Amended Complaint upon receipt of this Order. Magistrate Judge Kathleen B. Burke on 6/16/20. (S,HR)
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| Filing 60 Proposed Stipulation to Allow Plaintiff to File First Amended Complaint filed by Dwayne Ballard. (Attachments: #1 Exhibit A - Amended Complaint)(Dooley, Matthew) |
| Filing 59 Amended Case Management Conference Plan/Order with case management conference to be held on 7/1/2020 at 02:00 PM telephonically before Magistrate Judge Kathleen B. Burke. Lead counsel must participate. Counsel is to use the Court's bridge line information previously provided. Parties are welcome, but not required, to participate. Amended to correct deadline for Report of Parties Planning Meeting. Magistrate Judge Kathleen B. Burke on 6/10/20. (S,HR) |
| Filing 58 Case Management Conference Scheduling Order with case management conference to be held on 7/1/2020 at 02:00 PM telephonically before Magistrate Judge Kathleen B. Burke. Lead counsel must participate. Counsel is to use the Court's bridge line information previously provided. Parties are welcome, but not required, to participate. Magistrate Judge Kathleen B. Burke on 6/4/2020. (Attachments: #1 Report of Parties' Planning Meeting, #2 Local Rule - Appendix K)(P,G) |
| Filing 57 Minute Order of Telephone Conference held on 6/4/2020. The Court discussed with counsel the status of this case. Counsel for plaintiff indicated an intention to file a motion for leave to file an amended complaint. The Court advised that such a motion should indicate whether opposing counsel opposes the requested leave to file and should also include a copy of the proposed amended complaint. Plaintiff is to file his motion for leave to file amended complaint on or by June 12, 2020. The Court set a telephonic Case Management Conference for July 1, 2020, at 2:00 p.m. A Case Management Scheduling Order will issue separately. Time: 42 minutes. Magistrate Judge Kathleen B. Burke on 6/4/2020. (P,G) |
| Filing 56 Motion for attorney Michael A. Curley to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10017819, filed by Defendant Kenan Advantage Group, Inc.. (Attachments: #1 Exhibit A - Certification and Declaration of Michael A. Curley, #2 Proposed Order)(Kaldor, Chad) |
| Filing 55 Motion for attorney Patricia A. McCausland to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10017512, filed by Defendant Kenan Advantage Group, Inc.. (Attachments: #1 Exhibit A - Certification and Declaration of Patricia A. McCausland, #2 Proposed Order)(Kaldor, Chad) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Michael A. Curley for Kenan Advantage Group, Inc.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #56 ). Magistrate Judge Kathleen B. Burke on 6/3/2020.(P,G)
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Order [non-document]granting Motion for appearance pro hac vice by attorney Patricia A. McCausland for Kenan Advantage Group, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #55 ). Magistrate Judge Kathleen B. Burke on 6/3/20.(S,HR)
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| IMPORTANT: Notice [non-document] the Telephone Conference with counsel set for 6/4/2020 is hereby reset for 11:00 AM before Magistrate Judge Kathleen B. Burke. Bridge line instructions will be separately emailed to counsel. (W,Su) |
| Filing 54 Consent of the parties to this case being transferred to the docket of Magistrate Judge Kathleen B. Burke for further proceedings. Judge John R. Adams on 6/2/20. (K,C) |
| Filing 53 Proposed Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference filed by Dwayne Ballard. (Dooley, Matthew) |
| Magistrate Judge Kathleen B. Burke assigned to case, pursuant to consent. Judge John R. Adams terminated. Related document(s) #54 . (T,Je) |
| Filing 52 IMPORTANT: Notice of Telephone Conference with counsel only. Telephone Conference set for 6/4/2020 at 12:30 PM before Judge John R. Adams. Plaintiff shall provide all counsel and the court with a conference call-in number. (K,C) |
| Filing 51 Marginal Entry Order granting Defense Counsels' Motion to withdraw as attorneys. Attorneys Katherine Consuelo Huibonhoa and Stephen N. Yang withdrawn from case. (Related Doc #46 ). Judge John R. Adams on 5/28/20.(K,C) |
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Order [non-document]granting Motion for appearance pro hac vice by attorney Rod M. Fliegel for Kenan Advantage Group, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #50 ). Judge John R. Adams on 5/26/20.(K,C)
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Order [non-document] granting Motion for appearance pro hac vice by attorneys Justin K Kachadoorian,Anthony J Orshansky, and Alexandria R Kachadoorian for Dwayne Ballard. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #47 ),(Related Doc #48 ), (Related Doc #49 ). Judge John R. Adams on 5/26/20.(K,C)
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| Filing 50 Motion for attorney Rod M. Fliegel to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9995270, filed by Defendant Kenan Advantage Group, Inc.. (Attachments: #1 Exhibit A - Certification and Declaration of Rod M. Fliegel, #2 Proposed Order)(Kaldor, Chad) |
| Filing 49 Motion for attorney Alexandria R. Kachadoorian to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9995264, filed by Plaintiff Dwayne Ballard. (Attachments: #1 Affidavit Alexandria R. Kachadoorian)(Dooley, Matthew) |
| Filing 48 Motion for attorney Anthony J. Orshansky to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9995260, filed by Plaintiff Dwayne Ballard. (Attachments: #1 Affidavit Anthony J. Orshansky)(Dooley, Matthew) |
| Filing 47 Motion for attorney Justin Kachadoorian to Appear Pro Hac Vice. Filing fee $ 120, receipt number BOHNDC-9995250, filed by Plaintiff Dwayne Ballard. (Attachments: #1 Affidavit Justin Kachadoorian)(Dooley, Matthew) |
| Filing 46 Motion by Katherine Huibonhoa and Stephen Yang to withdraw as attorney filed by Defendant Kenan Advantage Group, Inc.. (Hofstetter, John) |
| Filing 45 Corporate Disclosure Statement filed by Kenan Advantage Group, Inc.. (Hofstetter, John) |
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Order of Recusal [non-document]: This case is returned to the Clerk for reassignment to another judge. Judge Sara Lioi on 5/18/2020. (E,CK)
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| Judge John R. Adams assigned to case, Judge Sara Lioi terminated. (M,TL) |
| Filing 44 Attorney Appearance by John W. Hofstetter filed by on behalf of Kenan Advantage Group, Inc.. (Hofstetter, John) |
| Filing 43 Attorney Appearance by Chad J. Kaldor filed by on behalf of Kenan Advantage Group, Inc.. (Kaldor, Chad) |
| Filing 42 Attorney Appearance by Stephen M. Bosak filed by on behalf of Dwayne Ballard. (Bosak, Stephen) |
| Filing 41 Attorney Appearance by Matthew A. Dooley filed by on behalf of Dwayne Ballard. (Dooley, Matthew) |
| Notice to Attorney Anthony J. Orshansky. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Alexandria R. Kachadoorian. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Justin K. Kachadoorian. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Katherine Consuelo Huibonhoa. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Rod M. Fliegel. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Stephen N. Yang. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 40 Initial Standing Order. Judge Sara Lioi on 05/13/2020. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (M,TL) |
| Filing 39 Magistrate Consent Form issued. (M,TL) |
| Filing 38 CASE TRANSFERRED IN from District of California Central. Case number 2:18-cv-09990. Electronic file, transfer order and docket sheet received. |
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Filing 37
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On May 12, 2020, the parties stipulated to transfer this case to the United States DistrictCourt for the Northern District of Ohio, Eastern Division (Akron) #36 . Theyalso stipulated to allow Plaintiff to file a First Amended Complaint. Although the parties indicate that a true and correct copy [of the First Amended Complaint] is attached hereto as Exhibit A, no exhibits are attached or included with the Stipulation. Accordingly, the Court Grants in Part and Denies in Part the Stipulation. The Court GRANTS the parties stipulation to transfer and TRANSFERS this action to the United States District Court for the Northern District of Ohio, Eastern Division (Akron), 2 South Main Street, Akron, Ohio 44308. The Court DENIES WITHOUT PREJUDICE the parties stipulation forPlaintiff to file a First Amended Complaint, for failure to comply with this Courts Local Rules. All dates in this action, including the June 1, 2020,scheduling conference and OSC hearing are hereby VACATED. The Clerk of the Court shall close the case. (Case electronically Transferred to USDC Northern District of Ohio, Eastern Division on 5/13/2020).(Made JS-6. Case Terminated.) (lc) [Transferred from cacd on 5/13/2020.]
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| 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 Kathleen B. Burke. (M,TL) |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), Kenan Advantage Group, Inc. is reminded of the requirement to file a corporate disclosure statement. (M,TL) |
| Copy of docket sheet, #40 Initial Standing Order and #39 Magistrate Consent Form mailed to Alexandria R Kachadoorian, CounselOne PC, 9301 Wilshire Boulevard Suite 650, Beverly Hills, CA 90210; Anthony J Orshansky, CounselOne PC, 9301 Wilshire Boulevard, Suite 650, Beverly Hills, CA 90210; Justin K Kachadoorian, CounselOne PC, 9301 Wilshire Boulevard, Suite 650, Beverly Hills, CA 90210; Katherine Consuelo Huibonhoa, Grube Brown and Geidt LLP, 601 Montgomery Street, Suite 1150, San Francisco, CA 94111; Rod M. Fliegel, Littler Mendelson - San Francisco, 20th Floor, 650 California Street, San Francisco, CA 94108 and Stephen N Yang, Curley Hurtgen and Johnsrud LLP, 4400 Bohannon Drive, Suite 230, Menlo Park, CA 94025. (M,TL) |
| Filing 36 STIPULATION to Transfer Case to United States District Court for the Northern District of Ohio, Eastern Division (Akron) and Allow Plaintiff to File First Amended Complaint filed by Defendant THE KENAN ADVANTAGE GROUP, INC. The Kenan Advantage Group, Inc.. (Attachments: #1 Proposed Order [PROPOSED] ORDER RE TRANSFER OF VENUE AND AMENDMENT)(Fliegel, Rod) [Transferred from cacd on 5/13/2020.] |
| Filing 35 COUNSEL ARE NOTIFIED, the OSC will be heard on the same date as the scheduling conference (6-1-20) at 1:30 p.m before Judge Wright.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY [Transferred from cacd on 5/13/2020.] |
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Filing 34
ORDER that the Scheduling Conference is set for 6/1/2020 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) [Transferred from cacd on 5/13/2020.]
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Filing 33
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information.. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) [Transferred from cacd on 5/13/2020.]
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Filing 32
ORDER OF THE CHIEF JUDGE (#20-058) approved by Judge Virginia A. Phillips. IT IS ORDERED, with the concurrence of the Case Management andAssignment Committee, that the following cases be reassigned from the calendar ofJudge S. James Otero to the calendar of Judge Otis D. Wright, II for all furtherproceedings: The case number will now reflect the initials of the transferee Judge 2:20-cv-09990 ODW (GJSx). (esa) [Transferred from cacd on 5/13/2020.]
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Filing 31
ORDER ORDER GRANTING STIPULATION TO CONTINUE SCHEDULING CONFERENCE/ ORDER TO SHOW CAUSE HEARING by Judge S. James Otero. The stipulation to continue by thirty (30) days the Scheduling Conference/Order to Show Cause hearing currently set for February 24, 2020, at 9:00 a.m. in Courtroom 10C, 350 W 1st St, 10th Floor, Los Angeles, CA 90012, is hereby GRANTED. The Scheduling Conference is hereby continued to Monday, June 1, 2020 @ 8:30 a.m. the parties shall file a joint status report by May 18, 2020. IT IS SO ORDERED, re Stipulation to Continue, #30 . (yl) [Transferred from cacd on 5/13/2020.]
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| Filing 30 STIPULATION to Continue Scheduling Conference/Order to Show Cause hearing from February 24, 2020, at 9:00 a.m. to on or after March 25, 2020 Re: Order, Set/Reset Hearing #29 filed by plaintiff Dwayne Ballard. (Attachments: #1 Proposed Order Granting Stipulation to Continue Scheduling Conference/Order to Show Cause Hearing)(Kachadoorian, Justin) [Transferred from cacd on 5/13/2020.] |
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Filing 29
ORDER GRANTING STIPULATION TO CONTINUE SCHEDULING CONFERENCE/ ORDER TO SHOW CAUSEHEARING CURRENTLY SET FOR JANUARY 13, 2020 8:30 AM TO FEBRUARY 24, 2020 9:00 AM #28 by Judge S. James Otero (lc) [Transferred from cacd on 5/13/2020.]
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| Filing 28 STIPULATION to Continue scheduling conference/order to show cause hearing from January 13, 2020 to thirty days thereafter Re: Text Only Scheduling Notice, 26 filed by plaintiff Dwayne Ballard. (Attachments: #1 Proposed Order Granting Stipulation to Continue Scheduling Conference/Order to Show Cause Hearing)(Kachadoorian, Justin) [Transferred from cacd on 5/13/2020.] |
| Filing 27 SCHEDULING NOTICE by Judge S. James Otero. The Court orders the parties to file a joint status report by 1/8/20. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY [Transferred from cacd on 5/13/2020.] |
| Filing 26 SCHEDULING NOTICE by Judge S. James Otero. The Court grants the parties request to continue the Scheduling Conference/Order to Show Cause hearings set for 12/16/19 to Monday, 1/13/2020 at 08:30 AM before Judge S. James Otero. Counsel is reminded to lodge a proposed order for all requests made to the court.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY [Transferred from cacd on 5/13/2020.] |
| Filing 25 STATUS REPORT Joint Status Report filed by Plaintiff Dwayne Ballard. (Kachadoorian, Justin) [Transferred from cacd on 5/13/2020.] |
| Filing 24 SCHEDULING NOTICE by Judge S. James Otero. The Court orders the parties to file a joint status report by 12/9/19. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY [Transferred from cacd on 5/13/2020.] |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Rod M Fliegel counsel for Defendant The Kenan Advantage Group, Inc.. Adding ROD M. FLIEGEL as counsel of record for The Kenan Advantage Group, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant The Kenan Advantage Group, Inc.. (Attorney Rod M Fliegel added to party The Kenan Advantage Group, Inc.(pty:dft))(Fliegel, Rod) [Transferred from cacd on 5/13/2020.] |
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Filing 22
ORDER GRANTING STIPULATION TO CONTINUE ORDER TO SHOW HEARING AND SCHEDULING CONFERENCE TO DECEMBER 16,2019 8:30 AM #21 by Judge S. James Otero (lc) [Transferred from cacd on 5/13/2020.]
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| Filing 21 STIPULATION to Continue Order to Show Hearing and Scheduling Conference from September 16, 2019, at 8:30 a.m. to ninety days thereafter Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Hearings,,, Set/Reset Deadlines/Hearings,, #19 filed by plaintiff Dwayne Ballard. (Attachments: #1 Proposed Order Granting Stipulation to Continue Order to Show Hearing and Scheduling Conference)(Kachadoorian, Justin) [Transferred from cacd on 5/13/2020.] |
| Filing 20 JOINT STATUS REPORT filed by Plaintiff Dwayne Ballard. (Kachadoorian, Justin) [Transferred from cacd on 5/13/2020.] |
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Filing 19
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: The Court has reviewed the Notice of Settlement #18 filed 05/31/2019, indicating that the parties have reached settlement a class settlement. Accordingly, the Court sets an Order to Show hearing and continues the Scheduling Conference to Monday, September16, 2019 8:30 a.m. The parties shall file a joint status report by September 3, 2019. If the parties file the appropriate dismissal pursuant to F.R.C.P. 41 prior to this hearing date, the hearings will be vacated. (lc) [Transferred from cacd on 5/13/2020.]
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| Filing 18 NOTICE of Settlement Joint Notice of Class Settlement filed by plaintiff Dwayne Ballard. (Kachadoorian, Justin) [Transferred from cacd on 5/13/2020.] |
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Filing 17
ORDER GRANTING STIPULATION TO CONTINUE SCHEDULING CONFERENCE TO JULY 1, 2019 8:30 AM #16 by Judge S. James Otero (lc) [Transferred from cacd on 5/13/2020.]
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| Filing 16 Joint STIPULATION to Continue Scheduling Conference from May 28, 2019 to June 27, 2019 filed by Defendant The Kenan Advantage Group, Inc.. (Attachments: #1 Proposed Order [PROPOSED][ ORDER GRANTING STIPULATION TO CONTINUE SCHEDULING CONFERENCE)(Huibonhoa, Katherine) [Transferred from cacd on 5/13/2020.] |
| Filing 15 SCHEDULING NOTICE by Judge S. James Otero. The Court advances the time of the Scheduling Conference set for 5/28/2019 from 9:00 AM to 08:30 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY [Transferred from cacd on 5/13/2020.] |
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Filing 14
ORDER GRANTING STIPULATION TO CONTINUE SCHEDULING CONFERENCE #13 by Judge S. James Otero. The Scheduling Conference is hereby continued to Tuesday, May 28, 2019 at 9:00 a.m. (lom) [Transferred from cacd on 5/13/2020.]
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| Filing 13 STIPULATION to Continue Scheduling Conference from February 25, 2019, at 8:30 a.m. to May 28, 2019 filed by plaintiff Dwayne Ballard. (Attachments: #1 Proposed Order Granting Stipulation to Continue Scheduling Conference)(Kachadoorian, Justin) [Transferred from cacd on 5/13/2020.] |
| Filing 12 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-15 days, filed by Plaintiff Dwayne Ballard.. (Kachadoorian, Justin) [Transferred from cacd on 5/13/2020.] |
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Filing 11
ORDER GRANTING JOINT STIPULATION TO CONTINUE THE DEADLINE IMPOSED BY LOCALRULE 23-3 #10 by Judge S. James Otero : The Court will set a deadline for Plaintiff to file a motion for class certification at the initial Status Conference/ (lc) [Transferred from cacd on 5/13/2020.]
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| Filing 10 Joint STIPULATION to Continue Deadline to file Motion for Class Certification from February 27, 2019 filed by plaintiff Dwayne Ballard. (Attachments: #1 Proposed Order Granting Joint Stipulation to Continue the Deadline Imposed by Local Rule 23-3)(Kachadoorian, Justin) [Transferred from cacd on 5/13/2020.] |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 2/11/2019. Scheduling Conference set for 2/25/2019 at 08:30 AM before Judge S. James Otero. (vcr) [Transferred from cacd on 5/13/2020.]
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) [Transferred from cacd on 5/13/2020.]
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| Filing 7 PROOF OF SERVICE filed by Defendant The Kenan Advantage Group, Inc., served on November 30, 2018. (Huibonhoa, Katherine) [Transferred from cacd on 5/13/2020.] |
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Filing 6
INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) [Transferred from cacd on 5/13/2020.]
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from cacd on 5/13/2020.] |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Gail J. Standish. (lh) [Transferred from cacd on 5/13/2020.] |
| NON-CONFORMED COPY OF ANSWER to Class Action Complaint - (Discovery), filed by Defendant The Kenan Advantage Group, Inc. [SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) [Transferred from cacd on 5/13/2020.] |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants The Kenan Advantage Group, Inc., Does 1 through 50. Jury Demanded, filed by Plaintiff Dwayne Ballard. #1 [FILED IN STATE COURT ON 10/17/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) [Transferred from cacd on 5/13/2020.] |
| Filing 3 NOTICE of Interested Parties filed by Defendant The Kenan Advantage Group, Inc., identifying Kenan Advantage Group Holdings Corp.. (Attachments: #1 Proof of Service)(Huibonhoa, Katherine) [Transferred from cacd on 5/13/2020.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Civil Procedure 7.1 filed by Defendant The Kenan Advantage Group, Inc. identifying Kenan Advantage Group Holdings Corp. as Corporate Parent. (Attachments: #1 Proof of Service)(Huibonhoa, Katherine) [Transferred from cacd on 5/13/2020.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 18STCV01633 Receipt No: 0973-22818065 - Fee: $400, filed by Defendant The Kenan Advantage Group, Inc.. (Attachments: #1 Civil Cover Sheet) (Attorney Katherine Consuelo Huibonhoa added to party The Kenan Advantage Group, Inc.(pty:dft))(Huibonhoa, Katherine) [Transferred from cacd on 5/13/2020.] |
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