Faulkner et al v. Aero Fulfillment Services
Plaintiff: Tina Moore and Tammy Faulkner
Defendant: Aero Fulfillment Services
Case Number: 1:2019cv00268
Filed: April 12, 2019
Court: US District Court for the Southern District of Ohio
Presiding Judge: Stephanie K Bowman
Referring Judge: Susan J Dlott
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2021 Opinion or Order Filing 34 ORDER by Susan J. Dlott DISMISSING CASE with prejudice any of the parties may reopen action no later than April 19, 2021 if settlement is not consummated. (vp)
February 3, 2021 Opinion or Order Notation ORDER granting #33 Motion for Extension of Time to File Response/Reply re #30 MOTION for Summary Judgment (Plaintiff Tammy Faulkner), #31 MOTION for Summary Judgment (Plaintiff Tina Moore) Responses due by 2/11/2021 Replies due by 3/11/2021.. Signed by Judge Susan J. Dlott on 2/3/2021. (wam)
February 2, 2021 Filing 33 Joint MOTION for Extension of Time to File Response/Reply New date requested 2/11/2021. by Plaintiffs Tammy Faulkner, Tina Moore. (Mezibov, Marc)
January 19, 2021 Opinion or Order Filing 32 ORDER: This matter was previously referred to Stephanie K. Bowman, United States Magistrate Judge. Such reference is hereby RESCINDED and all further proceedings shall be conducted by the undersigned. Signed by Judge Susan J. Dlott on 1/19/2021. (jlw)
January 14, 2021 Filing 31 MOTION for Summary Judgment (Plaintiff Tina Moore) by Defendant Aero Fulfillment Services. (Attachments: #1 Exhibit Proposed Undisputed Facts) (McIntyre, M)
January 14, 2021 Filing 30 MOTION for Summary Judgment (Plaintiff Tammy Faulkner) by Defendant Aero Fulfillment Services. (Attachments: #1 Exhibit Statement of Proposed Undisputed Facts) (McIntyre, M)
January 14, 2021 Filing 29 NOTICE by Defendant Aero Fulfillment Services Exhibits in Support of #31 Motion for Summary Judgment (Plaintiff Tina Moore) (Attachments: #1 Exhibit Ex. 1 S. Huff Declaration, #2 Exhibit Ex. 2 Moore Deposition, #3 Exhibit Ex. 3. Job Application, #4 Exhibit Ex. 4 J. Gimpel Declaration, #5 Exhibit Ex. 5 Answers to Interrogatories, #6 Exhibit Ex. 6 Supplemental Answers to Interrogatories, #7 Exhibit Ex. 7 Wage Information, #8 Exhibit Ex. 8 Aero Organization Chart) (McIntyre, M) Modified docket text on 1/15/2021 (kh).
January 14, 2021 Filing 28 NOTICE by Defendant Aero Fulfillment Services Exhibits in Support of #30 Motion for Summary Judgment (Plaintiff Tammy Faulkner) (Attachments: #1 Exhibit Ex. 1 S. Huff Declaration, #2 Exhibit Ex. 2 Faulkner Deposition, #3 Exhibit Ex. 3 J. Gimpel Declaration, #4 Exhibit Ex. 4 Offer Letter, #5 Exhibit Ex. 5 Pay Information, #6 Exhibit Ex. 6 Answers to Interrogatories) (McIntyre, M) Modified docket text on 1/15/2021 (kh).
October 23, 2020 Opinion or Order Filing 27 MEMORANDUM OPINION AND ORDER - IT IS ORDERED: (1) Plaintiffs' oral motion to extend the recently expired discovery deadline for the sole purpose of completing the four requested depositions is GRANTED, up to and including 12/14/2020. Defendant shall work cooperatively to promptly schedule the depositions of the two current employees and shall provide the last known address of the two former-employees on or before 10/30/2020; (2) The dispositive motion deadline in this case also will be extended, up to and including 1/14/2021; (3) The Clerk of Court shall append to this Order, as Exhibits filed under seal, the informal submissions made by the parties in advance of the telephonic discovery hearing; (4) The parties are strongly advised that no further extensions of these deadlines will be granted for any purpose absent: (a) the filing of a formal Rule 16(b)(4) motion to extend prior to the expiration of the stated deadlines; and (b) an extraordinary showing of good cause. Signed by Magistrate Judge Stephanie K. Bowman on 10/23/2020. (km) (Additional attachment(s) added on 10/23/2020: #1 Plaintiff's Discovery Submission to Court, #2 Defendant's Discovery Submission) (km).
October 23, 2020 Set/Reset Cincinnati PPTO Deadlines: Discovery due by 12/14/2020. Motions not directed to pleadings due by 1/14/2021. (km)
October 22, 2020 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: depositions held on 10/22/2020. Attorneys Marc Mezibov and Daniel Treadaway appeared on behalf of Plaintiffs. Attorneys Scott McIntyre and Sean Ryan appeared on behalf of Defendant. Plaintiffs made oral motion to reopen discovery. Defendant opposed. Written Order to follow. (km)
October 1, 2020 Filing 25 NOTICE by Defendant Aero Fulfillment Services of Subpoena to Produce Documents, Information (Attachments: #1 SanMar Subpoena) (McIntyre, M)
October 1, 2020 Filing 24 NOTICE by Defendant Aero Fulfillment Services of Subpoena to Produce Documents, Information (Attachments: #1 Easy Way Subpoena) (McIntyre, M)
October 1, 2020 Filing 23 NOTICE by Defendant Aero Fulfillment Services of Subpoena to Produce Documents, Information (Attachments: #1 KDM P.O.P. Subpoena) (McIntyre, M)
June 8, 2020 Opinion or Order Filing 22 MEMORANDUM OPINION AND ORDER - IT IS ORDERED: 1. Defendants motion for sanctions (Doc. 19) is GRANTED in part and DENIED in part; 2. Plaintiff Faulkner is hereby ADMONISHED that her actions in deleting her LinkedIn account following production of its contents violated her duty of preservation. The Court cannot, and does not, condone such action. Her actions were certainly inappropriate and will be met with harsh consequences should such activity transpire in the future; 3. Defendants request for monetary sanctions is denied, and its request for an adverse jury instruction is also denied at this time but without prejudice to renew before the trial judge should further proceedings establish greater relevance of the LinkedIn account. Signed by Magistrate Judge Stephanie K. Bowman on 06/08/2020. (bjc)
June 3, 2020 Filing 21 REPLY to Response to Motion re #19 MOTION for Sanctions filed by Defendant Aero Fulfillment Services. (Attachments: #1 Exhibit Attachment No. 1 - Linkedin Data Request Guidelines) (McIntyre, M)
May 29, 2020 Filing 20 RESPONSE in Opposition re #19 MOTION for Sanctions filed by Plaintiffs Tammy Faulkner, Tina Moore. (Attachments: #1 Exhibit Declaration of Daniel J. Treadaway, #2 Exhibit Exhibit A - Minute Entry, #3 Exhibit Exhibit B - Linkedin Instructions, #4 Exhibit Exhibit C - View of Spreadsheets, #5 Exhibit Exhibit D - Account History, #6 Exhibit Exhibit E - Positions, #7 Exhibit Exhibit F - Messages) (Treadaway, Daniel)
May 27, 2020 Filing 19 MOTION for Sanctions by Defendant Aero Fulfillment Services. (Attachments: #1 Exhibit Ex. A Aero Fulfillment Discovery Summary 5 19 2020 and exhibits, #2 Exhibit Ex. B S. Ryan Declaration, #3 Exhibit Ex. C Treadaway Email on Spoliation, #4 Exhibit Ex. D Treadaway Email on Conference Call, #5 Exhibit Ex. E Faulkner Answers to Interrogatories, #6 Exhibit Ex. F T. Faulkner Resume, #7 Exhibit Ex. G Email on Incorrect Discovery Answers, #8 Exhibit Ex. H Faulkner Supplemental Answers to Interrogatories, #9 Exhibit Ex. I Minute entry, #10 Text of Proposed Order Order) (McIntyre, M)
May 20, 2020 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Discovery Conference held on 5/20/2020. Attorneys Daniel Treadaway and Marc Mezibov appeared on behalf of Plaintiffs. Attorneys Scott McIntyre and Sean Ryan appeared on behalf of Defendant. Matter discussed. Plaintiff's counsel requested to brief the issue. Defendant to file a motion for sanctions, limited to a 5 page limit by 5/27/2020. Plaintiff to file a response, limited to 5 pages, by 5/29/2020. Defendant permitted to file a 4 page reply by 6/3/2020. (km)
May 13, 2020 Opinion or Order Filing 18 ORDER granting #16 Joint Motion to Extend Pretrial Deadlines. The discovery deadline is EXTENDED to 10/16/2020 and the dispositive motion deadline is EXTENDED to 12/14/2020. Signed by Magistrate Judge Stephanie K. Bowman on 5/13/2020. (km) Modified to correct discovery deadline on 5/14/2020 (eh).
May 13, 2020 Set/Reset Cincinnati PPTO Deadlines: Discovery due by 10/16/2020. Motions not directed to pleadings due by 12/14/2020. (km)
May 5, 2020 Filing 16 Joint MOTION for Extension of Time New date requested 10/16/2020. by Plaintiffs Tammy Faulkner, Tina Moore. (Attachments: #1 Text of Proposed Order) (Mezibov, Marc)
January 24, 2020 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Discovery Dispute held on 1/24/2020. Attorneys Daniel Treadaway and Marc Mezibov appeared on behalf of Plaintiffs. Attorneys M. Scott McIntyre and Sean Ryan appeared on behalf of Defendant. The Court Orders as follows - (1) Plaintiffs to identify all employment history with addresses and dates of employment from high school graduation to present; (2) Plaintiffs to submit supplemented damage calculations by 2/7/2020; (3) Plaintiffs to produce last three years of social media information; (4) Plaintiffs to supplement responses to clarify that emotional distress claim is of the "garden variety;" (5) Plaintiff Moore to produce IRS release form 2010-2013 tax returns (Plaintiffs previously agreed to produce 2014-present and 2010-present for Faulkner); (6) Plaintiffs to produce all relevant or workplace related communications between Plaintiffs and current or former co-workers, including text messages, private email or other text messaging apps such as Facebook Messenger, as well as a list of phone conversations. (km)
January 23, 2020 Filing 15 NOTICE of Appearance by Sean P. Ryan for Defendant Aero Fulfillment Services (Ryan, Sean)
July 26, 2019 Opinion or Order Filing 13 CALENDAR ORDER: Discovery deadline set for 5/15/2020. Deadline for Plaintiffs to identify experts and provide reports set for 12/13/2019. Deadline for Defendant to identify experts and provide reports set for 1/17/2020. Dispositive motion deadline set for 6/15/2020. The Final Pretrial Conference and trial dates will be scheduled by Judge Dlott. Signed by Magistrate Judge Stephanie K. Bowman on 7/26/2019. (km)
July 26, 2019 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 7/26/2019. Attorney Daniel Treadaway appeared on behalf of Plaintiffs. Attorney Jennifer Edwards appeared on behalf of Defendant. Calendar Order to follow. Parties to request a referral to mediation after exchange of discovery. (km)
July 11, 2019 Filing 11 RULE 26(f) REPORT by Plaintiffs Tammy Faulkner, Tina Moore. (Treadaway, Daniel)
June 11, 2019 Filing 10 NOTICE of Appearance by Jennifer E Edwards for Defendant Aero Fulfillment Services (Edwards, Jennifer)
June 11, 2019 Filing 9 PRELIMINARY PRETRIAL CONFERENCE NOTICE: Rule 26(f) Meeting Report due by 7/11/2019. The Court will thereafter, pursuant to Rule 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will be issued. (km)
June 11, 2019 Filing 8 Corporate Disclosure Statement by Defendant Aero Fulfillment Services. (McIntyre, M)
June 11, 2019 Filing 7 NOTICE of Appearance by M Scott McIntyre for Defendant Aero Fulfillment Services (McIntyre, M)
June 11, 2019 Filing 6 NOTICE of Appearance by M Scott McIntyre for Defendant Aero Fulfillment Services (McIntyre, M)
June 11, 2019 Filing 5 ANSWER to #1 Complaint filed by All Defendants. (McIntyre, M)
May 28, 2019 Filing 4 AMENDED COMPLAINT against Aero Fulfillment Services, filed by Tammy Faulkner, Tina Moore. (Attachments: #1 Exhibit Notice of Right to Sue, #2 Exhibit Notice of Right to Sue) (Mezibov, Marc)
May 23, 2019 Filing 3 WAIVER OF SERVICE Returned Executed. Waiver sent to Aero Fulfillment Services on 4/12/2019, answer due 6/11/2019. (Mezibov, Marc)
April 15, 2019 Opinion or Order Filing 2 ORDER by Judge Susan J. Dlot REFERRING CASE to Magistrate Judge Stephanie K. Bowman. (vp)
April 15, 2019 If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh)
April 12, 2019 Filing 1 COMPLAINT with JURY DEMAND against Aero Fulfillment Services ( Filing fee $ 400 paid - receipt number: 0648-6880987), filed by Tammy Faulkner, Tina Moore. (Attachments: #1 Civil Cover Sheet) (Mezibov, Marc)

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Defendant: Aero Fulfillment Services
Represented By: M Scott McIntyre
Represented By: Jennifer E Edwards
Represented By: Sean P. Ryan
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Plaintiff: Tina Moore
Represented By: Marc David Mezibov
Represented By: Daniel J. Treadaway
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Plaintiff: Tammy Faulkner
Represented By: Marc David Mezibov
Represented By: Daniel J. Treadaway
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