Negulis v. Stahl/Scott Fetzer Company et al
| Michael Negulis |
| Stahl/Scott Fetzer Company, James Isaac, Amber Trost and Heidi Alten |
| 5:2020cv01694 |
| July 31, 2020 |
| US District Court for the Northern District of Ohio |
| Sara Lioi |
| Labor: Family and Medical Leave Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 Marginal Entry Order granting plaintiff's motions to dismiss defendants James Isaac, Amber Trost, and Heidi Alten, without prejudice. (Doc. Nos. #30 , #31 .) Judge Sara Lioi on 3/16/2021. (E,CK) |
| Filing 31 Unopposed Motion to dismiss party James Isaac, Amber Trost, and Heidi Alten without prejudice pursuant to Fed. Civ. R21 filed by Plaintiff Michael Negulis. (Wido, Christopher) |
| Filing 30 Joint Motion to dismiss party James Isaac, Amber Trost, and Heidi Alten without prejudice pursuant to Fed. Civ. R21 filed by Plaintiff Michael Negulis. (Wido, Christopher) |
| Filing 29 Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 4/1/2021; Deadline for completing fact discovery 10/29/2021; 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 1/7/2022; Deadline to identify rebuttal experts and provide reports 2/11/2022; Deadline for completing expert discovery 3/31/2022; Deadline for filing dispositive motions 12/3/2021; Deadline for filing oppositions to motions 1/7/2022; Deadline for filing replies to responses 1/21/2022; Status Conference set for 11/10/2021 at 11:00 a.m.; Final Pretrial Conference set for 4/14/2022 at 1:00 p.m.; Jury Trial set on two week standby period beginning 5/9/2022 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 2/24/2021. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (E,CK) |
Order [non-document] granting defendant James Isaac's Motion for leave until 2/24/2021 to move or otherwise plead with respect to the complaint (Related Doc #27 ). Judge Sara Lioi on 2/24/2021. (D,S)
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Minutes Order [non-document] The telephonic Case Management Conference was conducted on 2/24/2021 by Judge Sara Lioi. Attorney Christopher Wido participated on behalf of plaintiff. Attorneys Bonita Kristan and John Hofstetter participated on behalf of defendants Stahl/Scott Fetzer Company and Heidi Alten; Attorney Neil Klingshirn participated on behalf of defendant James Isaac. Defendant Amber Trost has yet to appear. Attorney Klingshirn advised that there may be an issue of sufficiency of service of process with respect to his client; there may also be a counterclaim. In any event, due to Mr. Isaac's current health condition, additional time will be needed for him to move or plead. The Court agreed to grant a further extension until 3/26/2021 for that purpose, with the understanding that an additional extension may be required. The Court questioned whether all of the individual defendants are necessary to prosecute plaintiff's claims. Mr. Wido explained that their presence may make full discovery more likely. The Court directed counsel to engage in discussions about whether any arrangement regarding discovery can be made to satisfy plaintiff's discovery needs so as to facilitate the possible elimination of parties to the lawsuit. Case management dates and deadlines were discussed and will issue by separate order. Counsel were reminded of the requirement for joint 45-day status reports. Counsel should also advise the Court if, at any time, their clients wish to engage in mediation. (Court Reporter: None) Time: 35 minutes. (E,CK)
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| Filing 28 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Heidi Alten, Stahl/Scott Fetzer Company. (Hofstetter, John) |
| Filing 27 Motion for leave until February 24, 2021 to plead or otherwise respond to Complaint filed by Defendant James Isaac. Related document(s) #23 , #8 . (Klingshirn, Neil) |
| Filing 26 Attorney Appearance by Neil E. Klingshirn filed by on behalf of James Isaac. (Klingshirn, Neil) |
| Filing 25 Service by Clerk. Summons and Complaint addressed to Amber Trost placed in U.S. Mail. Type of service: ordinary mail. (S,SR) |
| Filing 24 Request to Clerk for service upon Amber Trost by ordinary mail. filed by Michael Negulis. (Attachments: #1 Exhibit Certificate of Mailing, #2 Exhibit Certified Mailing Receipt)(Wido, Christopher) |
| Filing 23 Return of Service by Clerk by certified mail executed upon James Isaac on 1/30/2021, filed on behalf of Michael Negulis. Related document(s) #21 . (L,Br) |
| Service by Clerk. Summons and Complaint addressed to James Isaac (Receipt # 7019 0700 0001 8423 9395) placed in U.S. Mail. Type of service: certified mail. (L,Br) |
| FILING ERROR - Certificate of mailing not included -Atty Office notified- will resubmit - Service by Clerk. Summons and Complaint addressed to Amber Trost placed in U.S. Mail. Type of service: Ordinary mail. (R,AP) Modified to note filing error on 2/1/2021 (T,Je). |
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Order [non-document] acknowledging and accepting #22 plaintiff's Response to show cause order and granting plaintiff's request for an additional 30 days to perfect service on defendants Trost and Isaac. Judge Sara Lioi on 1/21/2021. (D,S)
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| Filing 22 Response to Show Cause Order filed by All Plaintiffs. (Wido, Christopher) Related Document #16 . |
| Filing 21 Alias Summons issued to counsel for service upon James Isaac. Related Documents #19 , #20 . (T,Je) |
| Filing 20 Request for service by Clerk upon James Isaac by Certified Mail filed by Michael Negulis. (Attachments: #1 Summons #2 Exhibit Returned Mail Envelope and Greencard)(Wido, Christopher) Modified text on 1/15/2021. (T, Je) |
| Filing 19 Praecipe for issuance of Alias Summons filed by Michael Negulis. (Wido, Christopher) See Doc. No. #20 for Proposed Alias Summons. Modified text on 1/15/2021 (T,Je). |
| Filing 18 Magistrate Consent Package issued. (E,CK) |
| Filing 17 Case Management Conference Scheduling Order: Telephone case management conference, with counsel only, to be held on 2/24/2021 at 1:00 p.m. before Judge Sara Lioi. Directions for joining the call will be emailed to counsel of record no later than the day before the CMC. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 2/3/2021. All other parties must serve on opposing parties the initial disclosures by 2/10/2021. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 1/14/2021. (E,CK) (Additional attachment(s) added on 1/14/2021: #1 Report of Parties' Planning Meeting) (E,CK). |
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Filing 16
Order that plaintiff shall show cause in writing by 1/20/2021 why defendants James Isaac and Amber Trost should not be dismissed without prejudice due to failure of timely service. See Fed. R. Civ. P. 4(m). Judge Sara Lioi on 1/13/2021. (D,S)
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| Filing 15 Corporate Disclosure Statement identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent BHSF Inc., for Stahl/Scott Fetzer Company filed by Stahl/Scott Fetzer Company. (Kristan, Bonita) |
| Filing 14 Answer to #8 Amended complaint filed by Heidi Alten, Stahl/Scott Fetzer Company. (Kristan, Bonita) |
| Filing 13 Return of Service by Clerk unexecuted upon James Isaac. Service attempted by certified mail on 11/15/2020. Returned from USPS marked "Return to Sender, Attempted - Not Known, Unable to Forward" filed on behalf of Michael Negulis. Related document #6 . (M,TL) |
| Filing 12 Waiver of Service Returned Executed by Michael Negulis. Stahl/Scott Fetzer Company waiver sent on 11/13/2020, answer due 1/12/2021 filed on behalf of Michael Negulis (Wido, Christopher) |
| Filing 11 Waiver of Service Returned Executed by All Plaintiffs. Heidi Alten waiver sent on 11/13/2020, answer due 1/12/2021 filed on behalf of All Plaintiffs (Wido, Christopher) |
| Filing 10 Return of Service by Clerk unexecuted upon Amber Trost. Service attempted by certified mail on 10/17/2020, 10/23/2020 and returned 11/02/2020 filed on behalf of Michael Negulis. Related document(s) #6 . (P,G) |
| Filing 9 Return of Service by Clerk by certified mail executed upon Stahl/Scott Fetzer Company on 10/19/2020, filed on behalf of Michael Negulis Related document(s) #6 . (M,TL) |
| Filing 8 First Amended complaint with jury demand against All Defendants. Filed by Michael Negulis. (Attachments: #1 Exhibit Right to Sue) (Wido, Christopher) |
| Filing 7 Return of Service by Clerk by certified mail executed upon Heidi Alten on 10/17/2020 (marked C19), filed on behalf of Michael Negulis. Related document(s) #6 . (O,K) |
| Service by Clerk. Summons and Complaint addressed to Stahl/Scott Fetzer Company placed in U.S. Mail. Type of service: certified mail. Receipt # 7020 0640 0000 2174 2502 and receipt # 7019 1120 0001 5155 7528 to James Isaac. (P,G) |
| Service by Clerk. Summons and Complaint addressed to Amber Trost placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 1120 0001 5155 7542 and Heidi Alten receipt # 7019 1120 0001 5155 7535. (P,G) |
| Filing 6 Original Summons issued to counsel for service upon All Defendants. (O,K) |
| Filing 5 Praecipe for issuance of Original Summons filed by Michael Negulis. (Related document #4 ) (Wido, Christopher) |
| Filing 4 Proposed Summons for Stahl/Scott Fetzer Company, James Isaac, Amber Trost and Heidi Alten filed by Michael Negulis. Related document(s) #1 . (Wido, Christopher) |
| Filing 3 Initial Standing Order. Judge Sara Lioi on 07/31/2020. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (M,TL) |
| Filing 2 Magistrate Consent Form issued. No summons provided or issued. (M,TL) |
| Filing 1 Complaint for Damages with jury demand against All Defendants. Filing fee paid $ 400, receipt number AOHNDC-10148041, filed by Michael Negulis. (Attachments: #1 Civil Cover Sheet) (Wido, Christopher) |
| 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 Carmen E. Henderson. (M,TL) |
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