Holder, et al. v. A&L Home Care and Training Center, LLC, et al.
| Brooke Clark, Larry Holder, Calvin Marcum and Jessica Vanwinkle |
| Nila Irby, Ruthie Lucas, A&L Home Care and Training Center, LLC and Dawnetta Abbett |
| 1:2020cv00757 |
| September 21, 2020 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Matthew W McFarland |
| 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 July 26, 2023. A more recent docket listing may be available from PACER.
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NOTATION ORDER: For good cause, the parties' Joint Motion to Extend Deadline to File Amended Rule 26(f) Report (Doc. #43 ) is GRANTED. The parties' amended Rule 26(f) Report is due by August 7, 2023. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 07/26/2023. (kaf)
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Filing 43
Joint MOTION for Extension of Time New date requested 8/7/2023. (Deadline for Joint Amended 26(f) Report) by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (Attachments: #1 Text of Proposed Order) (McIntyre, M)
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Filing 42
ORDER LIFTING STAY AND DENYING DEFENDANTS' MOTION TO DISMISS (Doc. #9 ) AS MOOT. Signed by Judge Matthew W. McFarland on 06/30/2023. (kaf)
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Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on June 21, 2023. Counsel for Plaintiffs and Defendants were present by phone. The Court discussed the status of the case with counsel and set a deadline date of July 7, 2023 for an amended Rule 26f Report to be filed. (kaf)
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Filing 41
USCA MANDATE: No costs taxed. (er)
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Filing 40
ORDER of USCA: The Sixth Circuit is ORDERED that the District Court's 8/4/2021 order is VACATED and the case is REMANDED for further proceedings consistent with the opinion of this court. Note: Mandate to issue.. (er)
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Filing fee: $ 505, receipt number AOHSDC-8734454. (Mansell, Gregory)
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Filing fee: $ 505, receipt number AOHSDC-8729036. (McIntyre, M)
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Filing 39
USCA CASE NUMBER 22-3102: Notice filed by Appellees Cross-Appellants Larry Holder, Calvin Marcum and Jessica Vanwinkle; case manager Ryan E. Orme, 513-564-7079. (er)
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Filing 38
USCA CASE NUMBER 22-3101: Notice filed by Appellants Cross-Appellees A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby and Ruthie Lucas; case manager Ryan E. Orme, 513-564-7079. (er)
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Filing 37
ORDER of USCA as to #34 NOTICE OF APPEAL, case nos. 21-305/21-306: The petitions for permission to appeal and the motion for leave to file an amicus brief in support of Defendants petition are GRANTED. NOTE: No Mandate to issue. (er)
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Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 12/2/2021. Counsel for Plaintiffs and Defendants present by phone. Status of case discussed. (kaf)
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Filing 36
NOTICE by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas Notice of Death of Co-Defendant (McIntyre, M)
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Filing 35
NOTICE by Plaintiffs Larry Holder, Calvin Marcum, Jessica Vanwinkle OF FILING PETITION FOR PERMISSION TO APPEAL (Dyer, Carrie)
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Filing 34
NOTICE by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas (Notice of Filing 1292(b) Appeal) (McIntyre, M)
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Filing 33
ORDER GRANTING MOTION TO STAY (Doc. #30 ): (1) Defendants' Motion for Clarification or, in the Alternative, Motion to Stay is GRANTED. This matter shall be STAYED under 1292(b) upon Defendants' filing with the Sixth Circuit in furtherance of an appeal. The Court will contact the parties to schedule a status call approximately 120 days from the date of this order. (2) Defendants SHALL FILE a notice with this Court identifying the date on which they filed the application for appeal with the Sixth Circuit. (3) The parties SHALL INFORM the Court immediately if the Sixth Circuit rejects the application for appeal. Signed by Judge Matthew W. McFarland on 08/13/2021. (kaf)
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NOTICE of Hearing: Status Conference set for 12/02/2021 at 11:00AM via Teleconference before Judge Matthew W. McFarland. Counsel shall refer to 02/11/2021 docket entry for dial-in instructions. (kaf)
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Filing 32
REPLY to Response to Motion re #30 MOTION to Stay or Clarify August 4, 2021 Order filed by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (McIntyre, M)
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Filing 31
RESPONSE in Opposition re #30 MOTION to Stay or Clarify August 4, 2021 Order filed by Plaintiffs Larry Holder, Calvin Marcum, Jessica Vanwinkle. (Mansell, Gregory)
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Filing 30
MOTION to Stay or Clarify August 4, 2021 Order by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (McIntyre, M). Added MOTION to Clarify on 8/12/2021 (eh).
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Filing 29
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO CONDITIONALLY CERTIFY COLLECTIVE ACTION (Doc. #17 ). Signed by Judge Matthew W. McFarland on 08/04/2021. (kaf)
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Filing 28
STIPULATED PROTECTIVE ORDER. Signed by Judge Matthew W. McFarland on 08/02/2021. (kaf)
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Filing 27
Joint MOTION for Protective Order by Plaintiffs Larry Holder, Calvin Marcum, Jessica Vanwinkle. (Attachments: #1 Text of Proposed Order Stipulated Protective Order) (Mansell, Gregory)
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Filing 26
Supplemental Memorandum Opposing re #17 MOTION to Certify Class (FLSA Conditional Certification) (Sur-Reply with Leave of Court) filed by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (Attachments: #1 Exhibit 1-Decl. of H. Ervin with Attachments) (McIntyre, M)
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Filing 25
CALENDAR ORDER: Protective Order due by 7/31/2021. Motions related to pleadings due by 8/30/2021. Plaintiffs' Experts due by 9/30/2021. Defendants' Experts due by 11/11/2021. Rebuttal Experts due by 12/11/2021. Disclosure of Non-Expert (Fact) Witnesses due by 11/30/2021. Motions to amend pleadings/add parties due 1 month after completion of any first-tier notice stage or resolution of the motion for conditional certification. Settlement Demand due 90 days of resolution of the motion for conditional certification or the closure of the opt-in period. Response to Settlement Demand due within 30 days after Plaintiffs demand. Discovery due 8 months after Court's ruling on conditional certification. Dispositive Motions due 45 days after completion of discovery. Signed by Judge Matthew W. McFarland on 04/22/2021. (kaf)
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Minute Entry for proceedings held before Judge Matthew W. McFarland: Preliminary Pretrial Conference held on 04/22/2021. Present by phone were Attorneys Rhiannon Herbert and Gregory R. Mansell, counsel for Plaintiffs, and Attorneys M. Scott McIntyre and Gregory Valentin Mersol, counsel for Defendants. Status of case discussed. Calendar Order to follow. (kaf)
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NOTATION ORDER: For good cause shown, the Court GRANTS Defendants' alternative motion for leave to file surreply (Doc. #21 ). See Geiger v. Pfizer, Inc., 271 F.R.D. 577, 581 (S.D. Ohio 2010). Defendants' surreply shall be limited to ten (10) pages and shall be due no later than 4/30/2021. Signed by Judge Matthew W. McFarland on 04/22/2021. (kaf)
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Deadline set as to #17 MOTION to Certify Class (FLSA Conditional Certification): Surreply due by 4/30/2021. (kaf)
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Filing 24
RULE 26(f) REPORT (Joint) by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (McIntyre, M)
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Filing 23
REPLY to Response to Motion re #21 MOTION to Strike #20 Reply to Response to Motion,, or In the Alternative, Motion for Leave to File Sur-Reply filed by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (McIntyre, M)
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Filing 22
RESPONSE in Opposition re #21 MOTION to Strike #20 Reply to Response to Motion,, or In the Alternative, Motion for Leave to File Sur-Reply filed by Plaintiffs Larry Holder, Calvin Marcum, Jessica Vanwinkle. (Mansell, Gregory)
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Filing 21
MOTION to Strike #20 Reply to Response to Motion,, or In the Alternative, Motion for Leave to File Sur-Reply by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (McIntyre, M)
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Filing 20
REPLY to Response to Motion re #17 MOTION to Certify Class (FLSA Conditional Certification) filed by Plaintiffs Larry Holder, Calvin Marcum, Jessica Vanwinkle. (Attachments: #1 Exhibit A. Second Declaration of Larry Holder, #2 Exhibit B. Second Declaration of Calvin Marcum, #3 Exhibit C. Declaration of Jessica VanWinkle, #4 Exhibit D. Declaration of Brooke Clark, #5 Exhibit E, Revised Notice to Class, #6 Exhibit F. Revised Reminder Email) (Mansell, Gregory)
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Filing 19
RESPONSE in Opposition re #17 MOTION to Certify Class (FLSA Conditional Certification) filed by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (Attachments: #1 H. Ervin Declaration) (McIntyre, M)
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NOTATION ORDER: Upon consideration, the Court DENIES #18 Defendants' Motion for an Extension of Time to Respond to #17 Plaintiffs' Motion for Conditional Certification of Collective Action and/or Motion to Stay Response Time. Signed by Judge Matthew W. McFarland on 02/24/2021. (kaf)
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Filing 18
MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Certify Class (FLSA Conditional Certification) New date requested 5/13/2021. by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (McIntyre, M)
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Filing 17
MOTION to Certify Class (FLSA Conditional Certification) by Plaintiffs Larry Holder, Calvin Marcum, Jessica Vanwinkle. (Attachments: #1 Exhibit Proposed Notice to Class, #2 Exhibit Proposed Reminder Email, #3 Exhibit Declaration of Calvin Marcum, #4 Exhibit Declaration of Larry Holder, #5 Exhibit Declaration of Jessica Vanwinkle, #6 Exhibit List of Pending and Completed Collective and Class Action Cases for Mansell Law) (Mansell, Gregory)
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NOTATION ORDER: Upon consideration, the Court DENIES #14 Plaintiffs' Motion for Leave to File Memorandum in Excess of 20 Pages. Plaintiffs may, however, separately file one motion for conditional collective action certification and another motion for Rule 23 class action certification. Neither motion shall exceed twenty (20) pages. The Local Civil Rules and district judge's Standing Order shall apply. Signed by Judge Matthew W. McFarland on 02/11/2021. (kaf)
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Filing 16
ANSWER to #11 Amended Complaint filed by Dawnetta Abbett, Nila Irby, Ruthie Lucas. (McIntyre, M)
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Filing 15
ANSWER to #11 Amended Complaint filed by A&L Home Care and Training Center, LLC. (McIntyre, M)
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Filing 14
MOTION for Leave to File Memorandum in Excess of 20 Pages by Plaintiffs Larry Holder, Calvin Marcum, Jessica Vanwinkle. (Attachments: #1 Text of Proposed Order Proposed Entry) (Mansell, Gregory)
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NOTATION ORDER: This matter is before the Court on a sua sponte review of Plaintiffs' Pre-Discovery Motion for Conditional Collective Action Certification and Rule 23 Class Action Certification (Doc. #12 ), filed January 20, 2021. The undersigned district judge's Standing Order Regarding Procedures in Civil Cases, Section III.A.4, provides that memoranda in support of any motion in this Court "shall not exceed twenty (20) pages without first obtaining leave of Court. A motion for leave must set forth the number of pages sought and the reasons why additional pages are required. The Court will strike any motion that exceeds the page limit." At 36 pages, Plaintiffs' motion exceeds the 20-page limit. Plaintiffs did not obtain leave from this Court to exceed the page limit. Accordingly, the Court STRIKES Plaintiffs' motion. Signed by Judge Matthew W. McFarland on 02/08/2021. (kaf) Modified To Correct Link on 2/9/2021 (bjc).
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NOTATION ORDER: Upon consideration, the Court GRANTS #13 Defendants' Unopposed Motion for Extension of Time. Defendants shall respond to the #11 Amended Complaint by February 10, 2021. Signed by Judge Matthew W. McFarland on 01/25/2021. (kaf) Modified on 1/25/2021 (kaf).
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Filing 13
Unopposed MOTION for Extension of Time to File Answer re #11 Amended Complaint New date requested 2/10/2021. by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (Attachments: #1 Text of Proposed Order Proposed Order) (McIntyre, M)
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Filing 12
*STRICKEN PER 02/08/2021 NOTATION ORDER* MOTION to Certify Class (Conditional Certification) by Plaintiffs Larry Holder, Calvin Marcum, Jessica Vanwinkle. (Attachments: #1 Exhibit Proposed Notice and Consent to Class, #2 Exhibit Proposed Reminder Email, #3 Exhibit Declaration of Calvin Marcum, #4 Exhibit Declaration of Larry Holder, #5 Exhibit Declaration of Jessica Vanwinkle, #6 Exhibit List of Pending and Completed Collective and Class Action Cases for Mansell Law) (Mansell, Gregory) Modified on 2/8/2021 (kaf).
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Filing 11
AMENDED COMPLAINT against A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas, filed by Calvin Marcum, Larry Holder, Jessica Vanwinkle. (Mansell, Gregory)
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Filing 10
STIPULATION Regarding Dismissal of Plaintiff Brooke Clark's Claims from the Action by Plaintiffs Brooke Clark, Larry Holder, Calvin Marcum, Jessica Vanwinkle. (Dyer, Carrie)
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Filing 9
MOTION to Dismiss And Compel Arbitration by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (Attachments: #1 Exhibit Ex. A H. Ervin Affidavit with Arbitration Agreement, #2 Text of Proposed Order Proposed Order) (McIntyre, M). Added MOTION to Compel on 12/28/2020 (kh).
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Filing 8
ANSWER to #1 Complaint, filed by A&L Home Care and Training Center, LLC. (McIntyre, M)
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Filing 7
ANSWER to #1 Complaint, filed by Dawnetta Abbett, Nila Irby, Ruthie Lucas. (McIntyre, M)
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Deadline reset: Defendants shall answer or otherwise plead to the complaint on or before December 23, 2020. (kaf)
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NOTATION ORDER: Upon consideration, the Court GRANTS Defendants' #6 Unopposed Motion for Extension of Time. Defendants shall answer or otherwise plead to the complaint on or before December 23, 2020. Signed by Judge Matthew W. McFarland on 12/14/2020. (kaf)
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Filing 6
Unopposed MOTION for Extension of Time New date requested 12/23/2020. to Answer or Otherwise Plead to Complaint by Defendants Dawnetta Abbett, Nila Irby, Ruthie Lucas. (Attachments: #1 Text of Proposed Order) (McIntyre, M)
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Filing 5
NOTICE by Plaintiffs Brooke Clark, Larry Holder, Calvin Marcum, Jessica Vanwinkle of Filing Consent Forms (First) (Attachments: #1 Exhibit Exh. A - Consent to Join Lawsuit) (Dyer, Carrie)
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Deadline reset: Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas' answer due by 12/11/2020. (kaf)
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NOTATION ORDER: Upon consideration, the Court GRANTS Defendants' #3 unopposed motion for extension of time. Defendants shall answer or otherwise plead to Plaintiff's complaint no later than December 11, 2020. Signed by Judge Matthew W. McFarland on 11/30/2020. (kaf)
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge Matthew W. McFarland for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 11/20/2020. (ss)
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Filing 3
Unopposed MOTION for Extension of Time New date requested 12/11/2020. by Defendants A&L Home Care and Training Center, LLC, Dawnetta Abbett, Nila Irby, Ruthie Lucas. (Attachments: #1 Text of Proposed Order Proposed Order) (McIntyre, M)
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Filing 2
WAIVER OF SERVICE Returned Executed. Waiver sent to All Defendants on 9/21/2020; answers due 11/20/2020. (Herbert, Rhiannon) Modified to include service details on 9/28/2020 (eh).
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh)
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Filing 1
COMPLAINT with JURY DEMAND by Plaintiffs against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7667422), filed by Calvin Marcum, Larry Holder, Brooke Clark, Jessica Vanwinkle. (Attachments: #1 Exhibit Combined Consent Forms, #2 Civil Cover Sheet Civil Cover Sheet) (Dyer, Carrie)
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