McElroy v. Fresh Mark, Inc.
| Antoine McElroy |
| Fresh Mark, Inc. |
| Jerome F. Weiss |
| 5:2022cv00287 |
| February 22, 2022 |
| US District Court for the Northern District of Ohio |
| Sara Lioi |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 53
Judgment Entry. For the reasons set forth in the contemporaneously filed memorandum opinion and order, the joint motion of the parties for approval of the settlement is GRANTED. The claims in plaintiffs' complaint are DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction over this action to enforce the settlement. This case is closed. Judge Sara Lioi on 10/30/2023. (V,A)
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Filing 52
Memorandum Opinion and Order approving the parties' joint #51 motion for approval of settlement. Judge Sara Lioi on 10/30/2023. (V,A)
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Filing 51
Joint Motion for Approval of Settlement of Lawsuit and Stipulation of Dismissal with Prejudice filed by Plaintiff Antoine McElroy. (Attachments: #1 Joint Stipulation of Settlement and Release, #2 Notice of Settlement of Lawsuit, #3 Proposed Order, #4 Declaration of Chastity L. Christy)(Christy, Chastity)
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Filing 50
Joint Status Report Regarding Settlement filed by Antoine McElroy. (Christy, Chastity)
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Filing 49
Joint Status Report re Mediation filed by Antoine McElroy. Related document(s) #46 .(Christy, Chastity)
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Filing 48
Notice of Service of Report of Parties Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(b) Proof of Service by Mail filed by Fresh Mark, Inc.. Related document(s) #47 .(Weber, Paula)
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Filing 47
Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(b) - parties do not consent to this case being assigned to the magistrate judge, filed by Fresh Mark, Inc. (Weber, Paula)
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Filing 46
Order. The Case Management Conference is continued until further order of the Court. The Court will expect a jointly-filed mediation status report from the parties by noon on September 1, 2023. Judge Sara Lioi on 8/21/2023. (V,A)
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Filing 45
Memorandum Opinion and Order addressing proceedings in light of Clark v. A&L Homecare & Training Center, LLC, 68 F.4th 1003 (6th Cir. 2023); further, setting a telephonic Case Management Conference, with counsel only, for 8/24/2023 at 10:00 a.m. (Directions for dialing in will be supplied no later than one day before the conference.) Counsel shall read the entire order for further details and requirements. Judge Sara Lioi on 8/1/2023. (Attachments: #1 Report of Parties' Planning Meeting). (B,DL)
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Filing 44
Proof of Service by Mail re Defendant Fresh Mark Inc.s Response to Plaintiffs Briefing Regarding Impact of Holder filed by Fresh Mark, Inc.. Related document(s) #42 . (Weber, Paula)
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Filing 43
Response to Defendant Fresh Mark, Inc.'s Briefing Regarding Impact of Holder filed by Antoine McElroy. Related document(s) #39 . (Christy, Chastity)
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Filing 42
Response to Plaintiff's Briefing Regarding Impact of Holder filed by Fresh Mark, Inc.. (Related document #40 ) (Weber, Paula)
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Filing 41
Proof of Service by Mail re Defendant Fresh Mark, Inc.s #39 Briefing Regarding Impact of Holder filed by Fresh Mark, Inc.. (Weber, Paula)
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Filing 40
Position Brief Regarding Impact of Holder Decision filed by Antoine McElroy. (Christy, Chastity)
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Filing 39
Briefing Regarding Impact of Holder filed by Fresh Mark, Inc.. (Weber, Paula)
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Order [non-document]: In light of the Sixth Circuit's ruling in Holder, et al. v. A&L Homecare & Training Center, LLC, et al., Case Nos. 22-3101/3102, briefing on #34 plaintiff's renewed motion for conditional certification is suspended and the motion is terminated; in addition, #36 defendant's motion to stay the briefing is denied as moot; further, the Case Management Conference set for 6/6/2023 is continued until further order; finally, by 4:00 p.m. on 6/5/2023 the parties shall file simultaneous briefs indicating how Holder will impact this case; response briefs shall be filed by 4:00 p.m. on 6/15/2023. Judge Sara Lioi on 5/19/2023. (D,S)
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Filing 38
Reply in support of #36 Motion to stay Conditional Certification Proceedings filed by Fresh Mark, Inc.. (Milano, Andrea)
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Filing 37
Opposition to #36 Motion to stay Conditional Certification Proceedings filed by Antoine McElroy. (Attachments: #1 Email Correspondence Between Counsel)(Christy, Chastity)
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Filing 36
Motion to stay Conditional Certification Proceedings filed by Defendant Fresh Mark, Inc.. (Milano, Andrea)
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Order [non-document] granting defendant's #35 motion for extension to oppose plaintiff's #34 motion for conditional certification. Defendant's response is now due by 5/22/2023. Judge Sara Lioi on 4/5/2023. (V,A)
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Filing 35
Unopposed Motion Requesting Continuance of Opposition to Conditional Certification Deadline filed by Defendant Fresh Mark, Inc. (Milano, Andrea) Modified text on 4/6/2023 (B,DL).
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Filing 34
Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Plaintiff Antoine McElroy. (Attachments: #1 Proposed Order, #2 Declaration of Consent of Antoine McElroy, #3 Opt-In Declarations, #4 Discovery Requests to Defendant, #5 Proposed Notice to Class, #6 Proposed Text Notice Language)(Christy, Chastity)
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Filing 33
Marginal Entry Order granting Defendant's joint motion to continue (Related Doc #32 ). The final deadline for completion of mediation (including submission of the final report of the mediator) is extended to March 10, 2023. Telephonic case management conference to be held on June 6, 2023, at 10:00 a.m. Dial-in directions will be sent to all counsel of record no later than one day prior to the conference. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 2/13/2023.(V,A)
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Filing 32
Joint Motion Requesting Continuance of Mediation Completion Date and Attendant Deadlines filed by Defendant Fresh Mark, Inc. (Milano, Andrea) Modified text on 2/8/2023 (B,DL).
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Filing 31
Order: The final deadline for completion of mediation (including submission of the final report of the mediator) is extended to February 28, 2023. If the case is not resolved, a Case Management Conference will be conducted by telephone with counsel only on May 25, 2023, at 10:00 a.m. Dial-in directions will be sent to all counsel of record no later than one day prior to the conference. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 1/10/23. (P,R)
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Filing 30
Order. The parties are directed to file a joint status report by no later than noon on January 11, 2023, indicating the status of this case. Judge Sara Lioi on 1/9/2023. (V,A)
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Order [non-document] granting defendant's Motions for appearance pro hac vice by attorneys Paula M. Weber and Andrea R. Milano for Fresh Mark, 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. (Doc. Nos. #28 & #29 .) Judge Sara Lioi on 10/4/2022. (E,CK)
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Filing 29
Motion for attorney Andrea R. Milano to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11643159, filed by Defendant Fresh Mark, Inc.. (Attachments: #1 Exhibit A: Declaration of A. Milano)(Kaufman, David)
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Filing 28
Motion for attorney Paula M. Weber to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11643127, filed by Defendant Fresh Mark, Inc.. (Attachments: #1 Exhibit A: Declaration of P. Weber)(Kaufman, David)
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Filing 27
Notice of Designation of Mediator. Mediator to schedule the Mediation Conference and file an electronic notice setting forth the date, time and location of the Mediation. Designated Mediator: Jerome Weiss. ADR Hearing to be scheduled on or before 12/30/2022. Report of Mediator Form to be manually filed with the ADR Department no later than 1/6/2023. Report of Mediator Form is attached to the Notice of Designation. (Attachments: #1 Report of Mediator Form)(W,CM)
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Filing 26
Notice received from First potential neutral regarding conflict. Neutral available: Yes. Related document(s) #22 . (W,CM)
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Filing 25
Notice received from Third potential neutral regarding conflict. Neutral available: Yes. Related document(s) #22 . (W,CM)
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Filing 24
Notice received from Second potential neutral regarding conflict. Neutral available: Yes. Related document(s) #22 . (W,CM)
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Filing 23
Notice sent to potential neutrals regarding conflict check. Neutral Response Form due by 9/16/2022. Related document(s) #22 . (Attachments: #1 Neutral Response Form)(W,CM)
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Filing 22
Agreed Mediation Ranking Information Sheet Filed by Fresh Mark, Inc.(Kaufman, David)
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Filing 21
Notice of Referral to Mediation. List of potential neutrals sent to parties. Agreed Mediation Ranking Sheet due by 9/9/2022. Related document(s) #20 . (Attachments: #1 Agreed Mediation Ranking Sheet, #2 List of Neutrals)(W,CM)
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Filing 20
Order the parties' joint stipulation and motion (Doc. No. #19 ) and for good cause shown, all proceedings in this case are stayed pending completion of mediation pursuant to Local Rule 16.6(b)(1). This matter is hereby referred to mediation, which the Court directs be completed by no later than December 30, 2022. Judge Sara Lioi on 9/1/2022. (E,CK)
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Filing 19
Joint Motion to stay Proceedings and Request for Referral to Mediation filed by Plaintiff Antoine McElroy. (Attachments: #1 Tolling Agreement, #2 Proposed Order)(Christy, Chastity)
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Filing 18
Reply in support of #16 Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Antoine McElroy. (Christy, Chastity)
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Filing 17
Opposition to #16 Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by All Defendants. (Attachments: #1 Exhibit Declaration of Alicia Pucky)(Kaufman, David)
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Filing 16
Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Plaintiff Antoine McElroy. (Attachments: #1 Proposed Order, #2 Declaration of Consent of Antoine McElroy, #3 Opt-In Declarations, #4 Discovery Requests to Defendant, #5 Proposed Notice to Class, #6 Proposed Text Notice Language)(Christy, Chastity)
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Minute Order [non-document]: A telephone Case Management Conference was convened on 5/24/2022 by Judge Sara Lioi. Attorney Chastity Christy participated on behalf of plaintiffs; Attorneys Abbey Brown, David Kaufman, and John Cernelich participated on behalf of defendant. Plaintiff's counsel advised that the collective/class has 12,000 potential members in four facilities in Ohio. She further noted that the parties have engaged in an informal discovery process in hopes of resolving matters amongst themselves, but they have now reached an impasse and wish to proceed promptly with briefing on certification (on a more expedited schedule than they had proposed). Accordingly, plaintiffs' motion on conditional class certification is due by 6/17/2022; defendant's response is due 7/18/2022; and plaintiffs' reply is due 8/1/2022. In the meantime, formal discovery is stayed. After the motion is resolved, the Court will reconvene the Case Management Conference to set the remaining dates and deadlines. Time: 8 minutes. Judge Sara Lioi on 5/24/2022. (E,CK)
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Filing 15
Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Antoine McElroy. (Christy, Chastity)
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Filing 14
Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Antoine McElroy. (Christy, Chastity)
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Filing 13
Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) And LR 16.3(b) - filed by Fresh Mark, Inc.. (Brown, Abbey - s/David J. Kaufman ) Modified text on 5/20/2022 (M,TL).
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Filing 12
Notice of Filing Consent Form filed by Antoine McElroy. (Attachments: #1 Ashley Toles Consent Form)(Christy, Chastity)
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Filing 11
Unopposed Motion to continue Case Management Conference filed by Plaintiff Antoine McElroy. Related document(s) #8 . (Christy, Chastity)
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Order [non-document] granting plaintiff's unopposed Motion to continue the case management conference. (Doc. no. #11 .) Case management conference will be held on 5/24/2022 at 10:30 a.m. to be held telephonically. Directions for joining the call will be emailed to counsel of record at least one day prior to the conference. Judge Sara Lioi on 4/5/2022. (E,CK)
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Filing 10
Corporate Disclosure Statement filed by Fresh Mark, Inc.. (Brown, Abbey)
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Filing 9
Attorney Appearance by David J. Kaufman filed on behalf of Fresh Mark, Inc. (Brown, Abbey - s/David J. Kaufman) Modified text on 3/28/2022 (M,TL).
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Notice by Clerk that Fresh Mark, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (M,TL)
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Filing 8
Case Management Conference Scheduling Order: Telephone case management conference, with counsel only, to be held on 5/17/2022 at 1:30 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 4/26/2022. All other parties must serve on opposing parties the initial disclosures by 5/3/2022. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 3/25/2022. (Attachments: #1 Report of Parties' Planning Meeting) (E,CK)
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Filing 7
Attorney Appearance by John R. Cernelich filed on behalf of Fresh Mark, Inc. (Brown, Abbey - s/John R. Cernelich) Modified text on 3/28/2022 (M,TL).
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Filing 6
Answer to #1 Complaint and Affirmative Defenses filed by Fresh Mark, Inc. (Brown, Abbey)
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Filing 5
Return of Service by Clerk by certified mail executed upon Fresh Mark, Inc. on 3/2/2022, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Antoine McElroy Related document(s) #3 . (L,Br)
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Service by Clerk. Summons and Complaint addressed to Fresh Mark, Inc. c/o Statutory Agent Alicia Pucky placed in U.S. Mail. Type of service: certified mail. Receipt # 70201290000008692444. (L,Br)
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Filing 4
Notice of Filing Consent Forms filed by Antoine McElroy. (Attachments: #1 Madeline Abregg Consent Form, #2 Kaleb Brouillette Consent Form, #3 Karen Cook Consent Form, #4 Quentin Davis Consent Form, #5 Alise Farmer-Donnalley Consent Form, #6 Rebecca Koah Consent Form, #7 Antoine McElroy Consent Form, #8 Dominique Thompson Consent Form, #9 Lavell Weaver Consent Form)(Christy, Chastity)
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Filing 3
Original Summons and Magistrate Consent Form issued to counsel for service upon Fresh Mark, Inc.. (Attachments: #1 Magistrate Consent Form) (O,K)
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Filing 2
Initial Standing Order. Judge Sara Lioi on 2/22/2022. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (O,K)
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Filing 1
Complaint with jury demand against Fresh Mark, Inc.. Filing fee paid $ 402, Receipt number AOHNDC-11281474.. Filed by Antoine McElroy. (Attachments: #1 Civil Cover Sheet, #2 Summons to Fresh Mark, Inc.) (Christy, Chastity)
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Judge Sara Lioi assigned to case. (O,K)
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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 Carmen E. Henderson. (O,K)
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