Secretary, Department of Labor v. MICA Contracting, LLC et al
| Secretary of Labor R. Alexander Acosta and Secretary, Department of Labor |
| Timothy Thompson, MICA Contracting, LLC, John Wayne House, Sarah Elaine Thompson and J&E Builders, LLC |
| 1:2018cv00590 |
| August 21, 2018 |
| US District Court for the Southern District of Ohio |
| Susan J Dlott |
| Karen L Litkovitz |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 122
Clerk's ENTRY OF DEFAULT as to Defendant Timothy Thompson (bjc)
|
|
Filing 121
Application to Clerk for entry of default against Timothy Thompson . (Attachments: #1 Affidavit Declaration in Support of Application for Entry of Default, #2 Text of Proposed Order Entry of Default) (Lubow, Adam)
|
|
Filing 120
CONSENT ORDER and JUDGMENT. Signed by Judge Susan J. Dlott on 10/27/2022. (Attachments: #1 Exhibit A, #2 Exhibit B) (wam)
|
|
The telephonic status conference scheduled for 10/27/2022 at 3:00 p.m. has been VACATED. (wam)
|
|
Former document 119 has been stricken upon order of the Court. (kh)
|
|
Filing 118
Notation ORDER granting #117 Motion for Extension of Time to File consent decree and judgment until a date following a status conference. Signed by Judge Susan J. Dlott on 10/6/2022. (wam)
|
|
Filing 117
MOTION for Extension of Time to File New date requested 10/31/2022. and for a status conference by Plaintiff Secretary, Department of Labor. (Lubow, Adam). Added MOTION for Hearing on 10/3/2022 (kl).
|
|
Notation ORDER granting #116 Motion for Extension of Time until 9/30/2022 to File proposed consent order and judgment. Signed by Judge Susan J. Dlott. (wam)
|
|
Filing 116
MOTION for Extension of Time to File New date requested 9/30/2022. by Plaintiff Secretary, Department of Labor. (Lubow, Adam)
|
|
Notation ORDER granting #115 Joint Motion for Extension of Time until 9/23/2022 to file CONSENT ORDER AND JUDGMENT. Signed by Judge Susan J. Dlott. (wam)
|
|
Filing 115
Joint MOTION for Extension of Time New date requested 9/23/2022. by Plaintiff Secretary, Department of Labor. (Lubow, Adam)
|
|
Notation ORDER granting #114 Joint Motion for Extension of Time to file the Consent Order and Judgment. Signed by Judge Susan J. Dlott. (wam)
|
|
Filing 114
Joint MOTION for Extension of Time New date requested 9/9/2022. to file Consent Order and Judgment by Defendants John Wayne House, J&E Builders, LLC. (Nelson, Theresa)
|
|
Notation ORDER granting #113 Joint Motion for Extension of Time until 8/26/2022 to File consent order and judgement. Signed by Judge Susan J. Dlott on 7/28/2022. (wam)
|
|
Filing 113
Joint MOTION for Extension of Time to File New date requested 8/26/2022. Settlement Documents by Plaintiff Secretary, Department of Labor. (Mosley, Kortney)
|
|
MINUTES of Proceedings held before Magistrate Judge Stephanie K. Bowman: Settlement Conference resumed 5/4/2022. Matter resolved as to Defendants John Wayne House, Merreck and J&E Builders. Appropriate pleadings will be forthcoming. (km)
|
|
Filing 112
ORDER granting #111 Motion to Withdraw as Attorney. Attorney Jeffrey Adam Levine terminated. Signed by Judge Susan J. Dlott on 5/3/2022. (wam)
|
|
Filing 111
MOTION to Withdraw as Attorney Of Jeffrey Levine by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Attachments: #1 Exhibit Proposed Order) (Levine, Jeffrey)
|
|
Notice of Settlement Conference: Follow-up Settlement Conference set for 5/4/2022 at 10:00 AM by Zoom video conferencing before Magistrate Judge Stephanie K. Bowman. (km)
|
|
Filing 110
Order Setting Settlement Conference: Settlement Conference set for 4/5/2022 at 10:00 AM by Zoom for Government before Magistrate Judge Stephanie K. Bowman. Due to the ongoing COVID-19 pandemic and the current health restrictions that are in place, the mediation will be by video conference (Zoom for Government). Should the parties strongly desire the Court's consideration of an in-person mediation, counsel shall advise the chambers of the undersigned, in writing, at least 14 days prior to the conference, why the mediation cannot be effective by video conference, the total number of participants (counsel and client representatives) they anticipate being present at the mediation and if anyone would be traveling from outside the Greater Cincinnati area to attend the mediation. The Court shall then determine, after considering the risks, if an in-person mediation with social distancing and mask wearing will be accommodated. After a good faith assessment of the value of the case, Plaintiff shall submit a demand that is less than the full good faith value of the case to Defendants by 1/7/2022. Defendants, after the same good faith assessment, must then respond with an offer that is greater than zero by 2/4/2022. The parties should thereafter engage in continued settlement discussions in an attempt to resolve the matter prior to the settlement conference. Ex parte settlement statements are due to the Court no later than 3/25/2022 at Noon. Statements shall be submitted directly to chambers either by email at bowman_chambers@ohsd.uscourts.gov or by fax at (513) 564-7681. Signed by Magistrate Judge Stephanie K. Bowman on 11/24/2021. (km)
|
|
Filing 109
ORDER that defendant Timothy Thompson will not be dismissed without prejudice and the case will proceed against him. Signed by Judge Susan J. Dlott on 11/18/2021. (wam)
|
|
Filing 108
Order referring case to Magistrate Judge Stephanie K. Bowman for settlement purposes only.. Signed by Judge Susan J. Dlott on 11/18/2021. (wam)
|
|
Filing 107
NOTICE of Hearing: Bench Trial set for 9/6/2022 09:30 AM in Courtroom 7 - Cincinnati before Judge Susan J. Dlott. Final Pretrial Conference set for 8/9/2022 10:00 AM in Chambers before Judge Susan J. Dlott. (wam)
|
|
Minute Entry for proceedings held before Judge Susan J. Dlott: Telephonic Status Conference held on 11/18/2021. Counsel for the plaintiff Adam Lubow present and counsel for the Defendant Teresa Nelson present. FPTC is scheduled for 8/9/2022 at 10:00 a.m. and the Bench Trial is set for 9/6/2022 at 9:30 a.m. (Court Reporter: Lisa Conley-Yungblut) (wam) Modified docket text on 11/19/2021 (eh).
|
|
Filing 106
SUMMONS Returned Executed as to Defendant Timothy Thompson. Timothy Thompson served on 11/8/2021, answer due 11/29/2021. (Lubow, Adam)
|
|
Filing 105
Summons Issued as to Timothy Thompson. (kh)
|
|
Filing 104
REQUEST for Issuance of Summons. (Lubow, Adam)
|
|
Filing 103
ORDER DENYING Defendants Motion for Summary Judgment (Doc. #74 ). Defendants Motion to Strike the Declarations of Employee No. 1, Employee No. 2, and Employee No. 3 and Exhibit Thereto (Doc. #90 ) is DENIED AS MOOT. Defendants Motion to Strike the Declarations and Exhibits of Wage and Hour Division Investigator Nikolai Bogomolov, Todd Haidet, Wayne McMillian, Mike Olding, Chris Kroger, and Gerardo Padilla (Doc. #91 ) is GRANTED IN PART AND DENIED IN PART. Further, Plaintiff is hereby given NOTICE that the Court will DISMISS THE CASE WITHOUT PREJUDICE against Defendant Timothy Thompson within 14 days of entry of this Order unless Plaintiff demonstrates good cause for its failure to serve Timothy Thompson. Signed by Judge Susan J. Dlott on 10/26/2021. (wam) Modified to include links on 10/27/2021 (kl).
|
|
Filing 102
NOTICE of Appearance by Kortney S Mosley for Plaintiff R. Alexander Acosta (Mosley, Kortney)
|
|
Set Deadlines re doc. #100 : Unredacted documents due by 10/6/2021. (eh)
|
|
Filing 100
ORDER -The Secretary is ORDERED to deliver the complete, unredacted declarations and attachment to chambers for an in camera review within 14 days of this Order. The Court will docket the filings under seal. Signed by Judge Susan J. Dlott on 9/22/2021. (rdp)
|
|
Filing 99
REPLY to Response to Motion re #91 MOTION to Strike #81 Notice (Other), #80 Notice (Other),, Doc. 80-14, Docs. 81-1 to 81-5, 81-11 filed by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Filing 98
REPLY to Response to Motion re #90 MOTION to Strike #81 Notice (Other), Docs. 81-6, 81-7, 81-8 and 81-9 filed by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Filing 97
RESPONSE in Opposition re #90 MOTION to Strike #81 Notice (Other), Docs. 81-6, 81-7, 81-8 and 81-9 filed by Plaintiff R. Alexander Acosta. (Scheff, Matthew)
|
|
Filing 96
AFFIDAVIT - Declaration in Support of Formal Claim of Privilege by Plaintiff R. Alexander Acosta. (Attachments: #1 Supplement Certificate of Service) (Scheff, Matthew)
|
|
Filing 95
RESPONSE in Opposition re #91 MOTION to Strike #81 Notice (Other), #80 Notice (Other),, Doc. 80-14, Docs. 81-1 to 81-5, 81-11 filed by Plaintiff R. Alexander Acosta. (Scheff, Matthew).
|
|
Filing 94
REPLY to Response to Motion re #74 MOTION for Summary Judgment filed by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Filing 93
NOTICE by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson re #84 Notice (Other) Response to Plaintiff's Proposed Disputed Facts (Nelson, Theresa)
|
|
Filing 92
NOTICE of Filing Replacement of Doc. #77 -13 Merrick Admin. Depo. Ex. M by Plaintiff R. Alexander Acosta re #85 Response in Opposition to #74 Motion (Attachments: #1 Exhibit) (Lubow, Adam) Modified docket text and created link to motion on 6/28/2021 (eh).
|
|
Notice of Correction re: #77 Deposition, The filer contacted the Clerk's Office and indicated that there was some information on one of the exhibits that needed to be redacted. The exhibit has been sealed and the filer was contacted and is to file a notice with the redacted exhibit attached. (bjc)
|
|
Filing 91
MOTION to Strike #81 Notice (Other), #80 Notice (Other),, Doc. 80-14, Docs. 81-1 to 81-5, 81-11 by Defendants John Wayne House, J&E Builders, LLC. (Nelson, Theresa)
|
|
Filing 90
MOTION to Strike #81 Notice (Other), Docs. 81-6, 81-7, 81-8 and 81-9 by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Filing 89
ORDER granting #88 Motion for Extension of Time to meet and confer regarding motions to strike and if necessary, file motions to strike by 6/18/2021. Signed by Judge Susan J. Dlott on 6/14/2021. (wam)
|
|
Filing 88
MOTION for Extension of Time New date requested 6/18/2021. by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Reset Deadlines re doc. #87 : Reply to #74 MOTION for Summary Judgment due by 7/2/2021; Motions to Strike due 6/11/2021. (eh) Modified to include link to order on 5/26/2021 (eh).
|
|
Filing 87
ORDER granting #86 Motion for Extension of Time until 6/11/2021 to meet and confer regarding motions to strike and file motions to strike. Deadline to file defendant's reply brief in support of their motion for SJ is extended until 7/2/2021. Signed by Judge Susan J. Dlott on 5/24/2021. (wam)
|
|
Filing 86
MOTION for Extension of Time New date requested 6/11/2021. by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Filing 85
RESPONSE in Opposition re #74 MOTION for Summary Judgment filed by Plaintiff R. Alexander Acosta. (Attachments: #1 Supplement Exhibit List) (Lubow, Adam)
|
|
Filing 84
NOTICE by Plaintiff R. Alexander Acosta re #74 MOTION for Summary Judgment Proposed Disputed Issues of Material Fact (Lubow, Adam)
|
|
Filing 83
NOTICE by Plaintiff R. Alexander Acosta re #74 MOTION for Summary Judgment Response to Proposed Undisputed Facts (Lubow, Adam)
|
|
Filing 82
NOTICE by Plaintiff R. Alexander Acosta Notice of Filing of Exhibits-Part 3 (Attachments: #1 Exhibit 1-Amazing Incorp. Doc.) (Lubow, Adam)
|
|
Filing 81
NOTICE by Plaintiff R. Alexander Acosta Notice of Filing of Exhibits-Part 2 (Attachments: #1 Exhibit 1-Haidet Dec., #2 Exhibit 2-McMillian Dec., #3 Exhibit 3-Olding Dec., #4 Exhibit 4-Kroger Dec., #5 Exhibit 5-Padilla Dec., #6 Exhibit 6-EE No. 1 Dec., #7 Exhibit 7-EE No. 2 Dec., #8 Exhibit 8-Merrick-EE No. 2 Texts, #9 Exhibit 9-EE No. 3 Dec., #10 Exhibit 10-MICA EEs hired by J&E, #11 Exhibit 11-Bogomolov Dec.) (Lubow, Adam)
|
|
Filing 80
NOTICE by Plaintiff R. Alexander Acosta Notice of Filing of Exhibits-Part 1 (Attachments: #1 Exhibit 1-Lit. Depos. Ex. 4, #2 Exhibit 2-MICA Checks, #3 Exhibit 3-Empower Safety Logs Annotated, #4 Exhibit 4-Livingston Safety Logs, #5 Exhibit 5-MICA Tax Return, #6 Exhibit 6-J&E Formation Docs., #7 Exhibit 7-MICA Livingston Termination, #8 Exhibit 8-J&E 3/17/17 Paystubs, #9 Exhibit 9-J&E Tax Return, #10 Exhibit 10-J&E P&L Statement, #11 Exhibit 11-J&E General Ledger, #12 Exhibit 12-MICA Secty. of State Status, #13 Exhibit 13-Exaktime Docs., #14 Exhibit 14-Back Wage Computations) (Lubow, Adam)
|
|
Filing 79
DEPOSITION of Jose Luis Lemus taken on 11/17/2017 by Plaintiff R. Alexander Acosta. (Attachments: #1 Exhibit Lemus Admin. Depo. Ex. A, #2 Exhibit Lemus Admin. Depo. Ex. B, #3 Exhibit Lemus Admin. Depo. Ex. C, #4 Exhibit Lemus Admin. Depo. Ex. D, #5 Exhibit Lemus Admin. Depo. Ex. E, #6 Exhibit Lemus Admin. Depo. Ex. F, #7 Exhibit Lemus Admin. Depo. Ex. I, #8 Exhibit Lemus Admin. Depo. Ex. J) (Lubow, Adam)
|
|
Filing 78
[FORMER DOC. 78 - PLEASE DISREGARD. FILED IN ERROR.] DEPOSITION of Jose Luis Lemus taken on 11/17/2017 by Plaintiff R. Alexander Acosta. (Attachments: #1 Exhibit Lemus Admin. Depo. Ex. A, #2 Exhibit Lemus Admin. Depo. Ex. B, #3 Exhibit Lemus Admin. Depo. Ex. C, #4 Exhibit Lemus Admin. Depo. Ex. D, #5 Exhibit Lemus Admin. Depo. Ex. E, #6 Exhibit Lemus Admin. Depo. Ex. F, #7 Exhibit Lemus Admin. Depo. Ex. I, #8 Exhibit Lemus Admin. Depo. Ex. J) (Lubow, Adam) Modified docket text and document security on 5/12/2021 (eh).
|
|
Filing 77
DEPOSITION of Sarah Elaine Merrick taken on 11/16/2017 by Plaintiff R. Alexander Acosta. (Attachments: #1 Exhibit Merrick Admin. Depo. Ex. A, #2 Exhibit Merrick Admin. Depo. Ex. B, #3 Exhibit Merrick Admin. Depo. Ex. C, #4 Exhibit Merrick Admin. Depo. Ex. D, #5 Exhibit Merrick Admin. Depo. Ex. E, #6 Exhibit Merrick Admin. Depo. Ex. F, #7 Exhibit Merrick Admin. Depo. Ex. G, #8 Exhibit Merrick Admin. Depo. Ex. H, #9 Exhibit Merrick Admin. Depo. Ex. I, #10 Exhibit Merrick Admin. Depo. Ex. J, #11 Exhibit Merrick Admin. Depo. Ex. K, #12 Exhibit Merrick Admin. Depo. Ex. L, #13 Exhibit Merrick Admin. Depo. Ex. M, #14 Exhibit Merrick Admin. Depo. Ex. N, #15 Exhibit Merrick Admin. Depo. Ex. O) (Lubow, Adam)
|
|
Filing 76
DEPOSITION of John Wayne House taken on 11/16/2017 by Plaintiff R. Alexander Acosta. (Attachments: #1 Exhibit House Admin. Depo. Ex. A, #2 Exhibit House Admin. Depo. Ex. B, #3 Exhibit House Admin. Depo. Ex. C, #4 Exhibit House Admin. Depo. Ex. D, #5 Exhibit House Admin. Depo. Ex. E, #6 Exhibit House Admin. Depo. Ex. F, #7 Exhibit House Admin. Depo. Ex. G, #8 Exhibit House Admin. Depo. Ex. H, #9 Exhibit House Admin. Depo. Ex. I, #10 Exhibit House Admin. Depo. Ex. J, #11 Exhibit House Admin. Depo. Ex. K, #12 Exhibit House Admin. Depo. Ex. L) (Lubow, Adam)
|
|
Notice of Correction: Please disregard [FORMER DOC. 78] restricted for filing error. Counsel to immediately refile. (eh)
|
|
Notation ORDER granting re #75 Unopposed MOTION for Extension of Time to File Response as to #74 MOTION for Summary Judgment. Responses due by 5/14/2021. Signed by Judge Susan J. Dlott on 4/29/2021. (wam)
|
|
Filing 75
Unopposed MOTION for Extension of Time to File Response/Reply as to #74 MOTION for Summary Judgment New date requested 5/14/2021. by Plaintiff R. Alexander Acosta. (Attachments: #1 Text of Proposed Order) (Scheff, Matthew)
|
|
Filing 74
MOTION for Summary Judgment by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Attachments: #1 Exhibit Proposed Unopposed Facts) (Nelson, Theresa)
|
|
Filing 73
NOTICE of Filing Documents in Support of #74 Motion for Summary Judgment by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Nelson, Theresa) Modified docket text on 4/1/2021 (eh).
|
|
Filing 72
DEPOSITION of John Wayne House taken on 9/22/2020 by Defendant John Wayne House. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 18, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 8, #8 Exhibit Exhibit 10, #9 Exhibit Exhibit 12, #10 Exhibit Exhibit 13, #11 Exhibit Exhibit 19, #12 Exhibit Exhibit 14, #13 Exhibit Exhibit 17) (Nelson, Theresa) (Main Document 72 replaced on 3/25/2021) (kh).
|
|
Filing 71
DEPOSITION of Sarah Elaine Merrick taken on 9/22/2020 by Defendant Sarah Elaine Thompson. (Attachments: #1 Exhibit Exhibit 7, #2 Exhibit Exhibit 11, #3 Exhibit Exhibit 15, #4 Exhibit Exhibit 16) (Nelson, Theresa) (Main Document 71 replaced on 3/25/2021) (kh).
|
|
Minute Entry for proceedings held before Judge Susan J. Dlott: Telephonic Status Conference held on 3/2/2021. Docs 56, 57, 59-62, 65-68, and 70 are stricken. Defendant's renewed motion for SJ is due 3/31/2021; response in opposition due 4/30/2021; Counsel to meet and confer regarding motion to strike and if necessary the motion to strike is to be filed by 5/21/2021; Reply to motion for SJ due by 6/11/2021. (Court Reporter: Lisa Conley-Yungblut) (wam)
|
|
Counsel are advised that the Court intends to address filing and document citation issues at the status conference scheduled for today. Please review Judge Susan J. Dlotts Standing Order on Civil Procedures prior to the conference with particular attention paid to Section I.E, Motions.. (wam)
|
|
Notation ORDER granting #69 Motion for Extension of Time to File Response re 66 MOTION to Strike 65 MOTION to Strike. Responses due by 3/3/2021. Signed by Judge Susan J. Dlott on 2/17/2021. (wam)
|
|
Filing 69
Unopposed MOTION for Extension of Time to File Response/Reply as to 65 MOTION to Strike 59 Response in Opposition to Motion,,, , 66 MOTION to Strike 60 Notice (Other),,, New date requested 3/3/2021. by Plaintiff R. Alexander Acosta. (Attachments: #1 Text of Proposed Order) (Scheff, Matthew)
|
|
Filing 64
ORDER by Judge Susan J. Dlott granting #63 Motion for Extension of Time; defts have until January 27, 2021 to file the reply brief to the Motion for Summary Judgment. (vp)
|
|
Filing 63
MOTION for Extension of Time New date requested 1/27/2021. by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Notation ORDER granting #58 Motion for Extension of Time to File Response re 56 MOTION for Summary Judgment. Responses due by 12/23/2020. Signed by Judge Susan J. Dlott on 11/17/2020. (wam)
|
|
Filing 58
MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Summary Judgment New date requested 12/23/2020. by Plaintiff R. Alexander Acosta. (Attachments: #1 Text of Proposed Order) (Lubow, Adam)
|
|
This matter was previously referred to Karen L. Litkovitz, United States Magistrate Judge. Such reference is hereby RESCINDED and all further proceedings shall be conducted by the undersigned. Magistrate Judge Karen L. Litkovitz no longer assigned to case. Signed by Judge Susan J. Dlott on 11/3/2020. (jlw)
|
|
Filing 55
STIPULATION TO EXTEND DISCOVERY CUT OFF DEADLINE by Defendant J&E Builders, LLC. (Nelson, Theresa)
|
|
Filing 54
ORDER that the Court concludes the Santiago settlement agreement is not relevant and DIRECTS the Secretary to withdraw its subpoena seeking the agreement. Signed by Magistrate Judge Karen L. Litkovitz on 7/10/2020. (art)
|
|
Filing 53
ORDER following Informal Discovery Conference held on 6/1/2020. Signed by Magistrate Judge Karen L. Litkovitz on 6/1/2020. (art)
|
|
Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for an Informal Discovery Conference held via telephone on 6/1/2020. Counsel for plaintiff, and for defendants present. Matters discussed. Parties given a time frame to submit additional materials for MJ Litkovitz to review related to the outstanding discovery dispute. (Court Reporter: None present) (art)
|
|
Filing 51
NOTICE of Appearance by Matthew M Scheff for Plaintiff R. Alexander Acosta (Scheff, Matthew)
|
|
Filing 50
NOTATION ORDER Granting the parties' Joint #49 Motion for Extension of case calendar deadlines. Discovery due by 8/31/2020. Dispositive motions due by 11/2/2020. Bench Trial tentatively set for set for 5/2021 before Judge Susan J. Dlott. Final Pretrial Conference tentatively set for set for 4/2021 before Judge Susan J. Dlott. Signed by Magistrate Judge Karen L. Litkovitz on 5/7/2020. (art)
|
|
Filing 49
Joint MOTION for Extension of Time New date requested 8/31/2020. to Extend Deadlines by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Filing 48
ORDER Adopting #40 Report and Recommendations: Upon review of the Court, the motion to file reply brief in support of their objections #46 is DENIED. Accordingly, the defendants House, J&E, and Thompson's motion for leave to file a third party complaint is DENIED in its entirety. Signed by Judge Susan J. Dlott on 2/11/2020. (jlw) Modified on 2/12/2020 (vp).
|
|
Filing 47
RESPONSE in Opposition re #46 MOTION for Leave to File a Reply Brief in Support of Defendants' Objection filed by Plaintiff R. Alexander Acosta. (Lubow, Adam)
|
|
Filing 46
MOTION for Leave to File a Reply Brief in Support of Defendants' Objection by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Attachments: #1 Exhibit A - Reply Brief in Support of Defendants' Objection to the Report and Recommendation) (Nelson, Theresa)
|
|
Filing 45
RESPONSE to Motion re #40 REPORT AND RECOMMENDATIONS re #35 MOTION for Leave to File Third Party Complaint filed by J&E Builders, LLC, John Wayne House, Sarah Elaine Thompson Response to Objection filed by Plaintiff R. Alexander Acosta. (Lubow, Adam)
|
|
Filing 44
ORDER ADOPTING #39 REPORT AND RECOMMENDATIONS; accordingly, it is ORDERED that the Secretary of Labor's motion for default judgmentagainst defendant MICA (Doc. 34) is DENIED without prejudice subject to refilling. Signed by Judge Susan J. Dlott on 1/2/2020. (jlw)
|
|
ORDER by Judge Susan J. Dlott granting #43 Motion for Extension of Time to File a response to the objections to the Report and Recommendation. (vp)
|
|
Filing 43
MOTION for Extension of Time to File Response/Reply as to #42 Objection to Report and Recommendations New date requested 1/9/2020. by Plaintiff R. Alexander Acosta. (Attachments: #1 Text of Proposed Order) (Lubow, Adam)
|
|
Filing 42
OBJECTION to #40 Report and Recommendations by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Filing 41
NOTICE by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson of Expert Witnesses Disclosure (Nelson, Theresa)
|
|
Filing 40
REPORT AND RECOMMENDATION that defendants House, J&E, and Thompson's #35 MOTION for Leave to File a third-party complaint be Denied in its entirety. Objections to R&R due by 12/24/2019. Signed by Magistrate Judge Karen L. Litkovitz on 12/10/2019. (art)
|
|
Filing 39
REPORT AND RECOMMENDATIONS re #34 MOTION for Default Judgment against MICA Contracting, LLC be DENIED WITHOUT PREJUDICE. Objections to R&R due within 14 days after being served. Signed by Magistrate Judge Karen L. Litkovitz on 11/25/2019. (ss)
|
|
Filing 38
Minute Entry:+ Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 11/12/2019. Counsel for plaintiff, and for defendants present. Matters discussed. (Court Reporter: None present) (art)
|
|
Filing 37
REPLY to Response to Motion re #35 MOTION for Leave to File Third Party Complaint filed by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Attachments: #1 Exhibit A - MICA-JE Plaintiffs R.26 Disclosures, #2 Exhibit B - Thrall v. Prudential Decision, #3 Exhibit C - Perez Arizona Decision) (Nelson, Theresa)
|
|
Filing 36
RESPONSE in Opposition re #35 MOTION for Leave to File Third Party Complaint filed by Plaintiff R. Alexander Acosta. (Lubow, Adam)
|
|
Filing 35
MOTION for Leave to File Third Party Complaint by Defendants John Wayne House, J&E Builders, LLC, Sarah Elaine Thompson. (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit 1 - Third Party Complaint) (Nelson, Theresa)
|
|
Filing 34
MOTION for Default Judgment against MICA Contracting, LLC by Plaintiff R. Alexander Acosta. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order) (Lubow, Adam)
|
|
Filing 33
CALENDAR ORDER: Amended Pleadings due by 10/21/2019. Plaintiff Primary Expert due by 11/22/2019. Defendant Primary Expert due by 12/20/2019. Discovery deadline set for 4/30/2020. Dispositive motion deadline set for 6/30/2020. Final Pretrial Conference tentatively set for 11/2020 before Judge Susan J. Dlott. Bench Trial tentatively set for 12/2020 before Judge Susan J. Dlott. Signed by Magistrate Judge Karen L. Litkovitz on 8/16/2019. (art)
|
|
Filing 31
Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Scheduling Conference held via telephone on 8/15/2019. Counsel for plaintiff, and for defendant present. Case calendar established. Order of the Court to follow. Case set for a follow-up status conference via telephone on Tues., 11/12/2019 at 3:00 pm before MJ Litkovitz. (Court Reporter: None present) (art)
|
|
Filing 30
ANSWER to #1 Complaint filed by Sarah Elaine Thompson. (Nelson, Theresa)
|
|
Filing 27
RULE 26(f) REPORT by Plaintiff R. Alexander Acosta. (Lubow, Adam)
|
|
Filing 26
ORDER by Judge Susan J. Dlott denying #18 Motion to Dismiss; adopting Report and Recommendations re #24 Report and Recommendation. (vp)
|
|
Filing 25
PRELIMINARY PRETRIAL CONFERENCE ORDER: The parties Rule 26(f) Meeting Report due to be filed with the Court by 7/29/2019. Signed by Magistrate Judge Karen L. Litkovitz on 6/28/2019. (art)
|
|
Filing 24
REPORT AND RECOMMENDATION that defendant Sarah Elaine Thompson's #18 MOTION to Dismiss be Denied. Objections to R&R due by 7/12/2019. Signed by Magistrate Judge Karen L. Litkovitz on 6/28/2019. (art)
|
|
Filing 23
Clerk's ENTRY OF DEFAULT as to MICA Contracting, LLC. (art)
|
|
Filing 22
CERTIFICATE OF SERVICE by Plaintiff R. Alexander Acosta re #21 MOTION for Default Judgment against MICA Contracting, LLC (Lubow, Adam)
|
|
Filing 21
APPLICATION to Enter Default against MICA Contracting, LLC by Plaintiff R. Alexander Acosta. (Attachments: #1 Affidavit DECLARATION IN SUPPORT OF APPLICATION TO ENTER DEFAULT, #2 Text of Proposed Order) (Lubow, Adam) Modified docket text on 12/11/2018 (sct).
|
|
Filing 20
STIPULATION RESOLVING DEFENDANTS J&E BUILDERS, LLC AND JOHN WAYNE HOUSES FRCP 12(b)(6) MOTION TO DISMISS by Plaintiff R. Alexander Acosta. (Lubow, Adam)
|
|
Filing 19
RESPONSE in Opposition re #18 MOTION to Dismiss filed by Plaintiff R. Alexander Acosta. (Lubow, Adam)
|
|
Filing 18
MOTION to Dismiss by Defendant Sarah Elaine Thompson. (Attachments: #1 Exhibit 1) (Goering, Eric)
|
|
Filing 17
ORDER granting plaintiff's unopposed #16 Motion for Extension of Time up to and including 12/10/2018 in which to respond to defendants' #6 MOTION to Dismiss. Plaintiff's Response due by 12/10/2018. Signed by Magistrate Judge Karen L. Litkovitz on 11/6/2018. (art)
|
|
Filing 16
Unopposed MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss (Civil Rule 12(b)(6)) New date requested 12/10/2018. by Plaintiff R. Alexander Acosta. (Attachments: #1 Text of Proposed Order) (Lubow, Adam)
|
|
Filing 15
SUMMONS Returned Executed as to Defendants MICA Contracting, LLC, Sarah Elaine Thompson. MICA Contracting, LLC served on 10/24/2018, answer due 11/14/2018; Sarah Elaine Thompson served on 10/24/2018, answer due 11/14/2018. (Lubow, Adam)
|
|
Filing 14
Summons Issued as to MICA Contracting, LLC, Sarah Elaine Thompson. (jlw)
|
|
Filing 13
REQUEST for Issuance of Summons. (Lubow, Adam)
|
|
Filing 12
REQUEST for Issuance of Summons. (Lubow, Adam)
|
|
Filing 11
REPLY to Response to Motion re #6 MOTION to Dismiss (Civil Rule 12(b)(6)) Supplemental Memorandum of Law filed by Defendants John Wayne House, J&E Builders, LLC. (Nelson, Theresa)
|
|
Filing 10
NOTICE of Appearance by Theresa Lynn Nelson for Defendants John Wayne House, J&E Builders, LLC (Nelson, Theresa)
|
|
Filing 9
Defendant John Wayne House ANSWER to #1 Complaint filed by John Wayne House. (Levine, Jeffrey)
|
|
Filing 8
Defendant J & E Builders, LLC ANSWER to #1 Complaint filed by J&E Builders, LLC. (Levine, Jeffrey)
|
|
Filing 7
Corporate Disclosure Statement by Defendants J&E Builders, LLC, J & E Builders identifying Corporate Parent J & E Builders for J&E Builders, LLC.. (Levine, Jeffrey)
|
|
Filing 6
MOTION to Dismiss (Civil Rule 12(b)(6)) by Defendants John Wayne House, J&E Builders, LLC. (Levine, Jeffrey)
|
|
Filing 5
NOTICE of Appearance by Jeffrey Adam Levine for Defendants John Wayne House, J&E Builders, LLC (Levine, Jeffrey)
|
|
Filing 4
WAIVER OF SERVICE Returned Executed. Waiver sent to J&E Builders, LLC on 8/21/2018, answer due 10/22/2018. (Lubow, Adam)
|
|
Filing 3
WAIVER OF SERVICE Returned Executed. Waiver sent to John Wayne House on 8/21/2018, answer due 10/22/2018. (Lubow, Adam)
|
|
Filing 2
ORDER REFERRING CASE to Magistrate Judge Karen L. Litkovitz. Signed by Judge Susan J. Dlott on 8/23/2018. (jlw)
|
|
If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc)
|
|
Filing 1
COMPLAINT against All Defendants, filed by R. Alexander Acosta. (Attachments: #1 Exhibit Employee Names, #2 Civil Cover Sheet) (Lubow, Adam)
|
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 Southern 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.
