Hubbard v. Heart O' Gold Home Care, LLC
| Demetria Hubbard |
| Heart O' Gold Home Care, LLC, Luhelen Mercier and Paige N. Mercier |
| 5:2022cv00704 |
| May 2, 2022 |
| US District Court for the Northern District of Ohio |
| J Philip Calabrese |
| Labor: Fair Standards |
| 29 U.S.C. § 206 Collect Unpaid Wages |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 Judgment Entry of Dismissal. Judge J. Philip Calabrese on 1/5/2023. (Y,A) |
| Filing 28 Proposed Stipulation of dismissal of all claims filed by Heart O' Gold Home Care, LLC. (Dingwell, David) |
| Referral Terminated. Judge J. Philip Calabrese on 1/5/2023. (Y,A) |
| Filing 27 Waiver of Service Returned Executed by Demetria Hubbard. Paige N. Mercier waiver sent on 1/4/2023, answer due 3/5/2023 filed on behalf of Demetria Hubbard (DeRose, Robert) |
| Filing 26 Answer to #24 Amended complaint, filed by Heart O' Gold Home Care, LLC. (Dingwell, David) |
| Filing 25 Original Summons issued to counsel for service upon Paige N. Mercier. (H,JL) |
| IMPORTANT: Notice [non-document]: The Court schedules a Status Conference for January 10, 2023 at 2:00 p.m. via Zoom before Judge J. Philip Calabrese. (Y,A) |
| Filing 24 Second Amended complaint against All Defendants and adding new party defendant(s) Paige N. Mercier as Executrix of the Estate of Luhelen Mercier. Filed by Demetria Hubbard. (Attachments: #1 Summons Summons for Issuance by the Clerk) (DeRose, Robert) |
Filing 23
Order: The Court GRANTS Plaintiff's motion for leave to file a second amended complaint substituting parties. Judge J. Philip Calabrese on 12/14/2022.(Y,A)
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| Filing 22 Motion for leave to file a Second Amended Complaint with memorandum in support filed by Plaintiff Demetria Hubbard. (Attachments: #1 Exhibit Entry Appointing Fiduciary, #2 Exhibit Second Amended Complaint) (Mikalov, Jacob s/by Robert E. DeRose). Modified on 12/1/2022 to correct event, filer notified that s/signature should be same as filer (H,SP). |
| Filing 21 Attorney Appearance by Jacob A. Mikalov filed on behalf of Demetria Hubbard. (Mikalov, Jacob) |
| Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on October 21, 2022. Robert E. DeRose, II appeared for Plaintiff Demetria Hubbard, who also attended. David L. Dingwell appeared for Defendant Heart O' Gold Home Care, LLC. Counsel updated the Court on the status of the case following the Notice of Suggestion of Death (ECF No. #20 ) regarding Defendant LuHelen Mercier. The Court advised the parties to proceed under Rule 25, which governs substitution of a party following a suggestion of death, to ensure that the proper parties are before the Court. Once they are, the Court and counsel will determine how best to proceed. Time: 15 minutes. (Y,A) |
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Order. Mediation scheduled for October 21, 2022 at 10 a.m. is cancelled due to Notice of Suggestion of Death of LuHelen Mercier #20 . Judge Calabrese will determine next steps after the telephonic status conference currently scheduled with the parties October 21, 2022 at 10 a.m. Magistrate Judge Jennifer Dowdell Armstrong on 10/14/2022. (K,L)
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| Filing 20 Notice of Suggestion of Death of LuHelen Mercier filed by Heart O' Gold Home Care, LLC. (Dingwell, David) |
| IMPORTANT: Notice [non-document]: The Court schedules a telephone status conference for October 21, 2022 at 10:00 a.m. The Courtroom Deputy will provide dial-in information beforehand. (Y,A) |
| Filing 19 Answer to #17 Amended complaint filed by Heart O' Gold Home Care, LLC. (Dingwell, David) |
| Filing 18 Original Summons issued to counsel for service upon Luhelen Mercier. (O,K) |
| Filing 17 First Amended complaint against All Defendants and adding new party defendant(s) Luhelen Mercier. Filed by Demetria Hubbard. (Attachments: #1 Summons as to Mercier) (DeRose, Robert) |
| Filing 16 Unopposed Motion for leave to Amend the Complaint, with memorandum in support filed by Plaintiff Demetria Hubbard. (Attachments: #1 Exhibit Amended Complaint) (DeRose, Robert) |
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Order [non-document]: Plaintiff's motion for leave to amend the complaint (ECF No. #16 ) is unopposed and granted. Judge J. Philip Calabrese on 9/16/2022.(Y,A)
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Filing 15
Amended Order #14 Notice of Hearing or Conference, with mediation conference to be held on 10/21/2022 at 10:00 AM in Courtroom 9B before Magistrate Judge Jennifer Dowdell Armstrong. Signed by Magistrate Judge Jennifer Dowdell Armstrong on 9/14/2022. (K,L)
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| Filing 14 IMPORTANT: Notice of mediation conference to be held on 10/21/2022 at 10:00 AM in Courtroom 9B before Magistrate Judge Jennifer Dowdell Armstrong. Signed by Magistrate Judge Jennifer Dowdell Armstrong. (K,L) |
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Order [non-document]: Under N.D. Ohio Local Rule 16.4(e), this matter is referred to United States Magistrate Judge Jennifer Dowdell Armstrong for mediation. Counsel will receive further instructions from Judge Armstrong's Chambers. Judge J. Philip Calabrese on 9/14/2022. (Y,A)
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| Random Assignment of Magistrate Judge pursuant to General Order 2022-14. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (S,HR) |
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Order [non-document]. Mediation scheduled for 09/26/22 at 11:00 AM is CANCELLED. Magistrate Judge William H. Baughman, Jr., on 08/26/22. (M,MT)
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| IMPORTANT: Notice [non-document] of mediation conference to be held on 9/26/2022 at 11:00 AM by video conference (Cleveland) before Magistrate Judge William H. Baughman, Jr. (M,MT) |
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Order [non-document]. Mediation scheduled for 08/19/2022 is CANCELLED. Counsel is to meet and confer, and email 3 mutually agreed upon mediation dates to Chambers (baughman_chambers@ohnd.uscourts.gov). Magistrate Judge William H. Baughman, Jr., on 07/27/2022. (M,MT)
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Filing 13
Order scheduling mediation conference to be held on 8/19/2022 at 11:00 AM held by video conference (Cleveland) before Magistrate Judge William H. Baughman, Jr. Signed by Magistrate Judge William H. Baughman, Jr., on 07/19/22. (M,MT)
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Filing 12
Order of Recusal. This case is returned to the Clerk for reassignment to another magistrate judge. Magistrate Judge Thomas M. Parker on 7/19/2022. (D,JJ)
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Order [non-document]: The magistrate judge is going to recuse himself from further participation in this case due to a conflict of interest that was called to the court's attention today. Accordingly, the court hereby CANCELS the conference call set for 7/19/2022 and CANCELS the ex parte phone calls and mediation conference set for 7/22/2022 and 8/1/2022, and the matter shall be returned to the clerk's office for reassignment. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 7/19/2022. (D,JJ)
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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 William H. Baughman, Jr. (L,MI) |
| IMPORTANT Notice [non-document]: Ex-parte Telephone Conference with counsel for plaintiff set for 7/22/2022 at 01:00 PM to be held before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conference with counsel for defendant set for 7/22/2022 at 01:30 PM to be held before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to counsel separately. Related document(s) #11 . (D,JJ) |
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Filing 11
Order Setting Mediation Conference: Mediation conference to be held on 8/1/2022 at 12:30 PM before Magistrate Judge Thomas M. Parker. The mediation conference will be held by video conference. Instructions for participating via video will be emailed to the parties separately. Mediation statements are due on or before 7/20/2022. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email to schedule an ex-parte telephone conference to be held on 7/22/2022. See Order for additional information and requirements. Magistrate Judge Thomas M. Parker on 7/7/2022. (D,JJ)
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| Filing 10 Stipulated Protective Order. Judge J. Philip Calabrese on 6/21/2022. (Attachments: #1 Acknowledgement and Agreement to be Bound)(Y,A) |
| Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a Case Management Conference by telephone on June 21, 2022. Robert DeRose II appeared for Plaintiff Demetria Hubbard, who also attended. David Dingwell and Kristen Moore appeared for Defendant. The parties provided the factual and legal background of the case. The Court directed Defendant to produce, by July 8, 2022: (1) all materials provided to Plaintiff pre-suit, and (2) communications within the ELVIS program referenced during the conference. In the event any discovery dispute arises, the Court directs the parties to its Civil Standing Order, available on the Court's website. Time: 30 minutes. (Y,A) |
| Rule 502 Order [non-document]: The Court Orders that under Rule 502(d) of the Federal Rules of Evidence, an inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege or protection in this or any other federal or state proceeding. Judge J. Philip Calabrese on 6/21/2022. (Y,A) |
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Order [non-document]: Under N.D. Ohio Local Rule 16.4(e), this matter is referred to United States Magistrate Judge Thomas M. Parker for mediation. Counsel will receive further instructions from Judge Parker's Chambers. Judge J. Philip Calabrese on 6/21/2022. (Y,A)
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| Filing 9 Amended Answer to #1 Complaint, filed by Heart O' Gold Home Care, LLC. (Moore, Kristen s/by David L. Dingwell). Modified on 6/23/2022, filer notified that s/signature should be same as filer (H,SP). |
| Filing 8 Proposed Stipulation Protective Order filed by Demetria Hubbard. (DeRose, Robert) |
| Filing 7 Report of Parties' Planning Meeting Rule 26(f) - parties do not consent to this case being assigned to the magistrate judge, filed by Demetria Hubbard. (DeRose, Robert) |
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Order [non-document]: Based on the parties Rule 26(f) Report, the Court will conduct the case management conference on June 21, 2022 at 1:00 p.m. by telephone. The Courtroom Deputy will provide dial-in information beforehand. Judge J. Philip Calabrese on 6/14/2022. (Y,A)
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| Filing 6 Corporate Disclosure Statement filed by Heart O' Gold Home Care, LLC. (Dingwell, David) |
| Filing 5 Answer to #1 Complaint filed by Heart O' Gold Home Care, LLC. (Dingwell, David) |
| Filing 4 Case Management Conference Scheduling Order with case management conference to be held on 6/21/2022 at 1:00 p.m. in Chambers 16B before Judge J. Philip Calabrese. Judge J. Philip Calabrese on 5/10/2022. (Attachments: #1 Rule 26 Report of Parties)(Y,A) |
| Filing 3 Return of Service by certified mail executed upon Heart O' Gold Home Care, LLC on 5/5/2022, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Demetria Hubbard Related document(s) #1 , #2 . (Attachments: #1 Exhibit Proof of Service)(DeRose, Robert) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon Heart O' Gold Home Care, LLC. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| Filing 1 Complaint with jury demand against Heart O' Gold Home Care, LLC. Filing fee paid $ 402, Receipt number AOHNDC-11399874.. Filed by Demetria Hubbard. (Attachments: #1 Summons for Issuance by the Clerk, #2 Civil Cover Sheet) (DeRose, Robert) |
| Judge J. Philip Calabrese 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 Thomas M. Parker. (M,TL) |
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