Wheelen v. Walker et al
| Kathryn Wheelen |
| James Walker, Jr., 4X Franchising, LLC, Becoming Mom III, LLC, 4X Holdings, LLC and Becoming Mom II, LLC |
| 1:2019cv00456 |
| June 17, 2019 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Labor: Fair Standards |
| 29 U.S.C. § 206 |
| Both |
Docket Report
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This docket was last retrieved on August 15, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Kathryn Wheelen re #3 MOTION for Preliminary Injunction and Request for Hearing, #20 Notice of Withdrawal of Document, Corrected Notice of Withdrawal of Plaintiff Kathryn Wheelen's Motion for a Preliminary Injunction (Powell, Jessica) |
| Filing 20 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Kathryn Wheelen re #3 MOTION for Preliminary Injunction and Request for Hearing Notice of Withdrawal of Plaintiff Kathryn Wheelen's Motion for a Preliminary Injunction (Powell, Jessica) |
| Filing 19 ANSWER to #15 Answer to Complaint, Counterclaim Answer of Plaintiff Kathryn Wheelen to Defendants 4X Franchising, LLC, 4x Holdings, LLC, and Becoming Mom II, LLC's Counterclaim filed by All Plaintiffs. (Powell, Jessica) |
| Filing 18 Summons Returned Unexecuted as to 4X Franchising, LLC, James Walker, Jr. (eh) |
Filing 17
Protective Order signed by Judge Timothy S. Black on 7/30/2019. (ss)
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| Filing 16 Joint MOTION for Extension of Time to File Response/Reply as to #3 MOTION for Preliminary Injunction and Request for Hearing New date requested 9/6/2019. New Requested Date of Reply 9/20/19. By Plaintiff Kathryn Wheelen and by Defendants 4X Franchising, LLC, 4X Holdings, LLC, Becoming Mom II, LLC, Becoming Mom III, LLC, James Walker, Jr. (Attachments: #1 Text of Proposed Order) (Engel, Joshua) |
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Notation Order: This civil action is before the Court on the parties' joint motion to extend the time for briefing on Plaintiff's preliminary injunction motion. (Doc. 16). For good cause shown, that motion (Doc. 16) is GRANTED. Defendants shall submit their brief in opposition to the preliminary injunction motion (Doc. 3) on or before 9/6/19. Plaintiff shall submit her reply in support of the preliminary injunction motion (Doc. 3) on or before 9/20/19. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/29/2019. (ss)
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| Filing 15 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Kathryn Wheelen filed by 4X Holdings, LLC, 4X Franchising, LLC, Becoming Mom II, LLC. (Engel, Joshua) |
| Filing 14 ANSWER to #1 Complaint, with Jury Demand filed by James Walker, Jr. (Engel, Joshua) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction by Defendant Becoming Mom III, LLC. (Attachments: #1 Affidavit James Walker) (Engel, Joshua) |
| Filing 12 Joint MOTION for Protective Order Joint Motion For Adoption of Protective Order by Plaintiff Kathryn Wheelen. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit A -TO THE PROPOSED ORDER) (Powell, Jessica) |
| Filing 11 NOTICE of Appearance by Jessica L. Powell for Plaintiff Kathryn Wheelen (Powell, Jessica) |
| Filing 10 STIPULATION FOR EXTENSION OF TIME TO FILE MOTION IN RESPONSE TO A PLEADING OR RESPONSIVE PLEADING by Defendants 4X Franchising, LLC, 4X Holdings, LLC, Becoming Mom II, LLC, Becoming Mom III, LLC, James Walker, Jr. (Engel, Joshua) |
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Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 7/8/19 at 4:45 p.m. Law Clerk Aren Olson participated in lieu of Judge Black who was in trial. Janet Abaray appeared on behalf of Plaintiff; Jason Phillabaum and Joshua Engel appeared on behalf of Defendants. Defendants shall submit their brief in opposition to the preliminary injunction motion (Doc. 3) on or before 8/23/19. Plaintiff shall submit her reply in support of the preliminary injunction motion (Doc. 3) on or before 9/6/19. The parties are entitled to engage in limited discovery, between now and these due dates. The Court will determine whether an evidentiary hearing is necessary after the briefing of the motion for preliminary injunction (Doc. 3) is completed. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/8/2019. (rrs)
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| Filing 9 SUMMONS Returned Executed as to Defendant Becoming Mom II, LLC served on 6/21/2019, answer due 7/12/2019. (eh) |
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Filing 8
ORDER Restricting the Transfer of Property Until Further Order of the Court. Signed by Judge Timothy S. Black on 6/27/19. (rrs)
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Minute Entry and Notation Order: This civil action came before the Court for an informal preliminary conference by telephone on 6/27/19 at 2:30 p.m. Janet Abaray appeared on behalf of Plaintiff; Jason Phillabaum and Joshua Engel appeared on behalf of Defendants. This case is set for a status conference by telephone on 7/8/19 at 4:45 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. In advance of the status conference by telephone, Counsel for Defendants shall advise Counsel for Plaintiff what--if any--encumbrances encumber the property located at 10627 Convo Court, Cincinnati, Ohio 45242 (the "Property"). By the parties' agreement, an Order restricting the transfer of the Property until further Order of the Court will issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/27/2019. (rrs)
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| Filing 7 SUMMONS Returned Executed as to Defendant 4X Holdings, LLC served on 6/21/2019, answer due 7/12/2019. (eh) |
| Filing 6 NOTICE of Appearance by Jason R Phillabaum for Defendants 4X Franchising, LLC, 4X Holdings, LLC, Becoming Mom II, LLC, Becoming Mom III, LLC, James Walker, Jr (Phillabaum, Jason) |
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Notation Order and Notice of Hearing: Pursuant to S.D. Ohio Civ. R. 65.1, the Court sets this civil action for an informal preliminary conference by telephone on 6/27/19 at 2:30 p.m. for the purpose of discussing Plaintiff's motion for a preliminary injunction. (Doc. 3). COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/24/19. (rrs)
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| Filing 5 NOTICE of Appearance by Joshua A Engel for Defendants 4X Franchising, LLC, 4X Holdings, LLC, Becoming Mom II, LLC, Becoming Mom III, LLC, James Walker, Jr (Engel, Joshua) |
| Filing 4 Clerk's CERTIFICATE of Mailing re #1 Complaint and #2 Summons Issued. (eh) |
| Filing 3 MOTION for Preliminary Injunction and Request for Hearing by Plaintiff Kathryn Wheelen. (Attachments: #1 Affidavit Affidavit of Kathryn Wheelen, #2 Exhibit A - to Affidavit -Emails, #3 Exhibit B - to Affidavit - Rent Checks, #4 Exhibit C - to Affidavit - Home Payoff, #5 Exhibit D - to Affidavit - Bus Exp) (Abaray, Janet) |
| Filing 2 Summons Issued as to 4X Franchising, LLC, 4X Holdings, LLC, Becoming Mom II, LLC, Becoming Mom III, LLC, James Walker, Jr. (eh) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6968765), filed by Kathryn Wheelen. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - 3/31/19 Email, #3 Exhibit B - Rent Checks, #4 Exhibit C - Checks for Franchise, #5 Exhibit D - Business Expenses, #6 Exhibit E -Check for payment on house, #7 Summons Form Summonses) (Abaray, Janet) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh) |
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