Aker et al v. ABX Air, Inc. et al
Plaintiff: Arlene Fait, Billie Moore, Samantha Hamilton-Curtis, Patrick Schmit, Laura Aker, Leona Beyer, Brenda Conley, Jeffrey Hyde, Chris Ebbing, Denise Bess, Britney Havens, Jeff Potts, Martha Hutton, Tracey Walsh, Robert Campbell, Patrick Dugan, Candi McKinney, Joi Crowe, Lonnie Wheeler, Tom Lantry, Edythe Bishop, Patrick Stephenson, Brian Thien, Christina Goldstein, Christina Brashear, Kevin Schmit, Linda Favaron, Amanda Franks, Rebekah Brady, Mike Sand, Christine Geralds, Michael Crail, George Arnold, Tammy Dale, Glenna Shafer, Elizabeth Compo, Shannon Koehler, Janet Campbell, Jonathan Brunner, Mark Funk, Joseph Baumgardner, Bunnavuth Chhun, Kevin Elfers, Cindy Bartlett, Sherri Puckett-Morrissette, Jessica Cochran, Kieth Young, Lindsay Walsh, Timothy Osborn, Michelle Beavan, Teresa McMillen, Melissa Braucher and Cheryl Marie Potts
Defendant: Green Township, Ohio, DHL, The Good Samaritan Hospital of Cincinnati, Ohio, Bluecross Blueshield Illinois, Hartland Clarke Corp., Sara Lee Co., Board of Education of The Mason City Schools, Containerport Group, Inc., Graceworks Lutheran Services, Nease Corporation, Ohio Public Employees Retirement System, Enerfab, Inc., Midway Maintenance, Ohio Laborers' District Council/Ohio Contractors Association Fund, ABX Air, Inc., AT&T, Linebarger Goggan Blair & Sampson, LLP, Bluecross Blueshield Tennessee, Verizon EPN, Armor Group, Inc., KCI Holding USA, Inc., Rotech Healthcare, Inc., Meyer Tool, Inc., Heartland Health & Wellness Fund, Health Care Service Corporation, Butler Health Plan, Specialty Interiors, Inc., Citi Bank, City of Lawrenceburg, Indiana, GAF, Inc., Duro Hilex Poly, LLC, Fisher Auto Parts Co., American Financial Group, Inc., Anthem Insurance Co., The Procter And Gamble Health Care Plan, The Hackett Group, Inc., Community Insurance Co. Anthem, Fifth Third Bancorp, Jeff Wyler Dealer Group, Inc., Empire Healthchoice Assurance, HP Inc., The General Electric Company, YRC Worldwide, Inc., Delta Air Lines, Inc., Wellpoint Flexible Benefit Plan, Duke Energy Ohio, Inc., Rumpke Consolidated Companies Inc. and Definity Health United Health (Definity)
Petitioner: Ohio Contractors Association Advancement Foundation
Case Number: 1:2021cv00016
Filed: January 8, 2021
Court: US District Court for the Southern District of Ohio
Presiding Judge: Timothy S Black
Referring Judge: Douglas R Cole
2 Judge: Matthew W McFarland
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2022 Opinion or Order Filing 156 AGREED ORDER dismissing Defendant HP Inc. Signed by Judge Timothy S. Black on 2/18/2022. (rrs)
December 28, 2021 Opinion or Order Filing 155 AGREED ORDER terminating Defendant Green Township, Ohio. Signed by Judge Timothy S. Black on 12/28/2021. (rrs)
December 22, 2021 Filing 154 NOTICE by Defendant Enerfab, Inc. of Withdrawal of Counsel Matthew S. Arend (Mitchell, Jennifer)
December 22, 2021 Filing 153 NOTICE by Defendant Green Township, Ohio of Withdrawal of Counsel Matthew S. Arend (Mitchell, Jennifer)
November 19, 2021 Opinion or Order Filing 152 AGREED ORDER. Signed by Judge Timothy S. Black on 11/19/2021. (rrs)
November 12, 2021 Opinion or Order Filing 151 AGREED ORDER - Plaintiff Candi McKinney (the Plaintiff) and defendant BlueCross Blue Shield of Tennessee, Inc. (BCBST), by and through their respective counsel, hereby stipulate and agree that the claims of the Plaintiff asserted in this action against BCBST be, and they are, dismissed with prejudice. All of Plaintiffs claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Timothy S. Black on 11/12/2021. (bjc)
November 12, 2021 Opinion or Order Filing 150 AGREED ORDER - Plaintiff Keith Young (the Plaintiff) and defendant Graceworks Lutheran Services (Graceworks), by and through their respective counsel, hereby stipulate and agree that all claims of the Plaintiff against Graceworks asserted in this action be, and they are, dismissed with prejudice and Graceworks is hereby dismissed with prejudice from this action. All of Plaintiffs claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Timothy S. Black on 11/12/2021. (bjc)
November 3, 2021 Opinion or Order Notation Order: Pursuant to Fed. R. Civ. P. 4(m), the Court--"on its own after notice to the plaintiff--must dismiss the action without prejudice against" a defendant that "is not served within 90 days after the complaint is filed." Plaintiffs filed their Complaint on 1/8/2021. (Doc. #1 ). Defendant Duke Energy Ohio, Inc. still has not been served. Twice, this Court has ordered Plaintiffs to show good cause, pursuant to Rule 4(m), for their failure to serve the remaining unserved defendants. (See Doc. #124 and the Court's 10/21/2021 Notation Order). Plaintiffs' latest status report offers no reason for their continued delay in serving Defendant Duke Energy Ohio, Inc. (See Doc. #148 ). Accordingly, Defendant Duke Energy Ohio, Inc. is hereby DISMISSED without prejudice. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/3/2021. (rrs)
November 3, 2021 Opinion or Order Notation Order: This matter is before the Court on Plaintiffs' Motion for Extension of Time (Doc. #147 ) to respond to Defendant Fifth Third's Motion to Dismiss (Doc. #143 ). Plaintiffs ask for an extension until 1/31/2022. This case, however, remains stayed under the Court's 2/5/2021 Order (Doc. #42 ). Pursuant to that Order, the stay will be lifted once all Defendants in this case have been served. (Id.) Therefore, Plaintiffs' Motion for Extension (Doc. #147 ) is GRANTED. After the Court lifts the stay, Plaintiffs shall then have 21 days to respond to Defendants' motions. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/3/2021. (rrs)
November 2, 2021 Filing 149 NOTICE by Defendant Rumpke Consolidated Companies Inc. Withdrawal of Counsel Vincent D. Boddy (Boddy, Vincent)
October 29, 2021 Filing 148 STATUS REPORT by Plaintiff Laura Aker. (Winter, Robert)
October 29, 2021 Filing 147 MOTION for Extension of Time to File Response/Reply as to #143 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 1/31/2022. by Plaintiff Laura Aker. (Winter, Robert)
October 27, 2021 Filing 146 Proposed STIPULATION /AGREED ORDER by Plaintiff Kieth Young. (Winter, Robert) Modified docket text on 10/27/2021 (eh).
October 21, 2021 Opinion or Order NOTATION ORDER: Plaintiffs SHALL file an updated status report by October 29, 2021, advising the Court as to: (1) all Defendants remaining in this action; (2) the date of service of each remaining Defendant; and (3) to the extent there are any Defendants who have not yet been served, Plaintiff shall show good cause as to why, pursuant to Rule 4(m), this Court should not dismiss this action without prejudice against any unserved Defendants. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/20/2021. (rrs)
October 15, 2021 Opinion or Order Filing 145 ORDER - re #144 Stipulation of Dismissal filed by Laura Aker, ABX Air, Inc. terminated. Signed by Judge Timothy S. Black on 10/15/2021. (rrs)
October 14, 2021 Filing 144 STIPULATION of Dismissal as to Defendant ABX Air only by Plaintiff Laura Aker. (Winter, Robert)
October 8, 2021 Filing 143 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bancorp. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C) (Shapiro, Howard)
September 15, 2021 Opinion or Order Filing 142 ORDER - The above-caplioned matter is hereby TRANSFERRED from the docket of TheHonorable Susan J. Dlott to the Clerk of this Court for reassignment. Case reassigned to Judge Timothy S. Black. Signed by Judge Susan J. Dlott on 09/15/2021. (bjc)
September 15, 2021 Opinion or Order Filing 141 ORDER REASSIGNING CASE. Case reassigned to Judge Susan J. Dlott for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 9/15/21. (ba)
September 14, 2021 Opinion or Order Filing 140 ORDER: The above-captioned matter is hereby TRANSFERRED from the docket of the Honorable Matthew W. McFarland to the Clerk of this Court for reassignment. The Status Conference set for September 14, 2021 at 3:30 PM is VACATED. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 09/14/2021. (kaf)
September 14, 2021 Filing 139 NOTICE of Appearance by Wesley Abrams for Defendants Anthem Insurance Co., Community Insurance Co. Anthem, Wellpoint Flexible Benefit Plan (Abrams, Wesley)
September 14, 2021 Filing 138 NOTICE of Appearance by Kent Allen Britt for Defendants Anthem Insurance Co., Community Insurance Co. Anthem, Wellpoint Flexible Benefit Plan (Britt, Kent)
September 13, 2021 Filing 137 NOTICE of Appearance by Kristine Maher for Defendant Meyer Tool, Inc. (Maher, Kristine)
September 13, 2021 Filing 136 NOTICE of Appearance by Michael A Roberts for Defendant Meyer Tool, Inc. (Roberts, Michael)
September 2, 2021 Opinion or Order NOTATION ORDER granting #135 Motion for Leave to Appear Pro Hac Vice of Cory E. Manning as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 9/2/2021. (eh)
August 30, 2021 Filing 135 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8473885) of Cory E. Manning by Defendant Duro Hilex Poly, LLC. (Attachments: #1 Exhibit Certificate of Good Standing) (Foster Bird, Melissa)
August 23, 2021 Opinion or Order NOTATION ORDER granting #134 Motion for Leave to Appear Pro Hac Vice of William J. Sheridan as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 8/23/2021. (eh)
August 20, 2021 Filing 134 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC8460768) of William J. Sheridan by Defendants Bluecross Blueshield Tennessee, Health Care Service Corporation. (Attachments: #1 Ex. A - Certificate of Good Standing, #2 Text of Proposed Order) (Burke, James)
August 10, 2021 Filing 133 NOTICE of Appearance by James Eugene Burke, III for Defendant Bluecross Blueshield Tennessee (Burke, James)
August 10, 2021 Filing 132 NOTICE of Appearance by James Eugene Burke, III for Defendant The General Electric Company (Burke, James)
August 6, 2021 Opinion or Order Filing 131 ORDER: Pursuant to this Court's Order (Doc. #124 ), Plaintiffs have filed a report setting forth the status of service on Defendants remaining in this matter. (See docs. #128 , #129 .) It appearing that Plaintiffs have represented that they have properly served majority of the remaining Defendants in this matter, and need additional time to update the Court as to status of service on a few remaining Defendants, accordingly, IT IS ORDERED that a telephonic status conference is hereby SET for September 14, 2021 at 3:30 PM for all counsel in this matter. During this conference, Plaintiffs shall be prepared to update to the Court as to the status of service on remaining Defendants. Signed by Judge Matthew W. McFarland on 08/06/2021. (kaf)
August 6, 2021 Opinion or Order Filing 130 ORDER: Defendants Armor Group, Inc., Citi Bank, Definity Health United Health, Empire Healthchoice Assurance, Ohio Public Employees Retirement System, Sara Lee Co., and YRC Worldwide, Inc. are DISMISSED WITH PREJUDICE from this action. Signed by Judge Matthew W. McFarland on 08/06/2021. (kaf)
August 5, 2021 Filing 129 STATUS REPORT (Supplemental) by Plaintiff Laura Aker. (Attachments: #1 Text of Proposed Order) (Winter, Robert)
August 3, 2021 Filing 128 STATUS REPORT by Plaintiff Laura Aker. (Winter, Robert)
August 3, 2021 Filing 127 SUMMONS Returned Executed as to Defendant Board of Education of The Mason City Schools. Board of Education of The Mason City Schools served on 1/19/2021, answer due 2/22/2021. (Winter, Robert)
August 3, 2021 Filing 126 SUMMONS Returned Executed as to Defendant Armor Group, Inc.. Armor Group, Inc. served on 1/16/2021, answer due 2/8/2021. (Winter, Robert)
August 3, 2021 Filing 125 SUMMONS Returned Executed as to Defendant American Financial Group, Inc.. (Winter, Robert)
July 28, 2021 Opinion or Order Filing 124 ORDER: IT IS ORDERED that Plaintiffs SHALL FILE a status report by August 3, 2021, advising the Court as to: (1) all Defendants remaining in this action; (2) the date of service of each remaining Defendant; and (3) to the extent there are any Defendants who have not yet been served, Plaintiff shall show good cause as to why, pursuant to Rule 4(m), this Court should not dismiss this action without prejudice against any unserved Defendants. Signed by Judge Matthew W. McFarland on 07/28/2021. (kaf)
July 26, 2021 Opinion or Order Filing 123 Agreed Order: Plaintiff Christina Brashear (the "Plaintiff") and defendant Ohio Laborers' District Council Ohio Contractors' Association Insurance Fund (the "Fund"), by and through their respective counsel, hereby stipulate and agree that all claims of the Plaintiff against the Fund asserted in this action be, and they are, dismissed with prejudice. All of Plaintiff's claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Matthew W. McFarland on 07/26/2021. (kaf)
June 3, 2021 Opinion or Order Filing 122 Agreed Order: Plaintiff Tom Lantry (the "Plaintiff') and defendant Specialty Interiors, Inc. ("SpecialtyInteriors" ), by and through their respective counsel, hereby stipulate and agree that all claims ofthe Plaintiff against Specialty Interiors asserted in this action be, and they are, dismissed withprejudice. All of Plaintiffs claims remain against all other defendants and are unaffected bythis Agreed Order. Signed by Judge Matthew W. McFarland on 06/03/2021. (kaf)
June 3, 2021 Opinion or Order Filing 121 Agreed Order: Plaintiffs Denise Bess and Brian Thien (together, the "Plaintiffs") and defendant TheProcter and Gamble Health Care Plan (the "Plan"), by and through their respective counsel,hereby stipulate and agree that all claims of the Plaintiffs against the Plan asserted in this actionbe, and they are, dismissed with prejudice. All of Plaintiffs' claims remain against all otherdefendants and are unaffected by this Agreed Order. Signed by Judge Matthew W. McFarland on 06/03/2021. (kaf)
June 2, 2021 Notice of Correction re: #120 Request for Issuance of Summons- Attorney, Bob Winter, spoke with Clerk's office and stated summons contains incorrect address. He requested that summons not be issued. Summons restricted by Clerk. (kl)
June 1, 2021 Filing 120 REQUEST for Issuance of Summons. Alias Summons for HP, Inc. (Maus, James) Modified security after speaking with Mr. Winter on 6/2/2021 (kl).
May 19, 2021 Filing 119 NOTICE by Defendant Rumpke Consolidated Companies Inc. re #112 Order,, of Withdrawal from Case (Saxton, Jonathan)
May 14, 2021 Opinion or Order NOTATION ORDER granting #118 Motion for Leave to Appear Pro Hac Vice of Jason Mettley as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 5/14/2021. (eh)
May 13, 2021 Filing 118 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8310712) of Jason Mettley, by Defendant Ohio Laborers' District Council/Ohio Contractors Association Fund. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order) (Yarbrough, Jason) Modified docket text on 5/14/2021 (eh).
May 11, 2021 Filing 117 NOTICE of Appearance by Jason M. Yarbrough for Defendant Ohio Laborers' District Council/Ohio Contractors Association Fund (Yarbrough, Jason)
May 10, 2021 Filing 116 NOTICE of Appearance by Katheryn M Lloyd for Defendant Delta Air Lines, Inc. (Lloyd, Katheryn)
May 3, 2021 Filing 115 Alias SUMMONS Returned Executed as to Defendant Ohio Laborers' District Council/Ohio Contractors Association Fund. (bjc)
May 3, 2021 Opinion or Order Filing 114 AGREED ORDER: Plaintiff Jessica Cochran ("Plaintiff") and Defendant City of Lawrenceburg, Indiana (the "City"), by and through their respective counsel, hereby stipulate and agree that all claims of Plaintiff against the City asserted in this action be, and they are, dismissed with prejudice. All of Plaintiffs claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Matthew W. McFarland on 05/03/2021. (kaf) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 27, 2021 Filing 113 CERTIFICATE of Mailing: Certified mailing of Alias Summons and Complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: #1 Certified Mail Receipt) (kh)
April 27, 2021 Opinion or Order Filing 112 AGREED ORDER: Plaintiffs Michelle Beavan and Edythe Bishop (together, the "Plaintiffs") and defendant Rumpke Consolidated Companies Inc. ("Rumpke"), by and through their respective counsel, hereby stipulate and agree that all claims of the Plaintiffs against Rumpke asserted in this action be, and they are, dismissed with prejudice. All of Plaintiffs' claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Matthew W. McFarland on 04/27/2021. (kaf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 21, 2021 Opinion or Order Filing 111 AGREED ORDER: Plaintiff Cheri Potts, Executor of the Estate of Jeff Potts (the "Plaintiff") and defendant The Good Samaritan Hospital of Cincinnati, Ohio ("Good Samaritan Hospital"), by and through their respective counsel, hereby stipulate and agree that the claims of the Plaintiff actually asserted in this action against Good Samaritan Hospital be, and they are, dismissed with prejudice. All of Plaintiffs claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Matthew W. McFarland on 04/21/2021. (kaf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 20, 2021 Filing 110 Alias Summons Issued as to Ohio Laborers' District Council/Ohio Contractors Association Fund. (kh)
April 19, 2021 Filing 109 REQUEST for Issuance of Summons. Ohio Laborers District Council - Ohio Contractors Association Insurance Fund (Maus, James)
April 12, 2021 Opinion or Order Filing 108 ORDER GRANTING MOTION FOR SUBSTITUTION OF PARTIES (Doc. #107 ): Cheryl Marie Potts, the Executrix of the Estate of Jeffrey William Potts, Deceased, is substituted as a Plaintiff in the place of Jeffrey William Potts. Signed by Judge Matthew W. McFarland on 04/12/2021. (kaf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 10, 2021 Filing 107 MOTION to Substitute Party Sherri Potts, Executor of the Estate of Jeffrey Potts, Deceased, for Plaintiff Jeff Potts by Plaintiff Jeff Potts. (Attachments: #1 Text of Proposed Order) (Winter, Robert)
April 10, 2021 Filing 106 SUGGESTION OF DEATH Upon the Record as to Jeffrey Potts by Plaintiff Jeff Potts. (Winter, Robert)
April 8, 2021 Filing 105 NOTICE of Appearance by Michael E Nitardy for Defendant Specialty Interiors, Inc. (Nitardy, Michael)
April 7, 2021 Opinion or Order Filing 104 AGREED ORDER - IT IS ORDERED AND ADJUDGED as follows: 1. That the issuance and service of any alias summons directed against Ohio Contractors Association Advancement Foundation (Docs. #70 , #87 , and #93 ) be, and it is, null, void, and of no effect; 2. That Ohio Contractors Association Advancement Foundation be, and it is, excused from any participation in this action; 3. That Patrick A. Devine be removed as counsel of record for the Ohio Laborers' District Council/Ohio Contractors Association Fund; and 4. That the motion to dismiss of Ohio Contractors Association Advancement Foundation (Doc. #99 ) be, and it is, withdrawn as moot. Signed by Judge Matthew W. McFarland on 04/07/2021. (kaf)
April 6, 2021 Opinion or Order Filing 103 Agreed Order dismissing Linebarger Goggan Blair & Sampson, LLP. Signed by Judge Matthew W. McFarland on 04/06/2021. (kaf)
April 1, 2021 Filing 102 Alias Summons Issued as to Ohio Laborers' District Council/Ohio Contractors Association Fund c/o either Robert Richardson, James Ruhlin, Ralph Cole, Richard DiGeronimo, Robert McCaskill, Kenneth Holland, Bruce Huff, Lynda Hendershot, or any Trustee. (kh)
March 31, 2021 Filing 101 REQUEST for Issuance of Summons. Alias for Ohio Laborers District Council-Ohio Contractors Association Insurance Fund (Maus, James)
March 29, 2021 Filing 100 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Laura Aker, George Arnold, Cindy Bartlett, Joseph Baumgardner, Michelle Beavan, Denise Bess, Leona Beyer, Edythe Bishop, Rebekah Brady, Christina Brashear, Melissa Braucher, Jonathan Brunner, Janet Campbell, Robert Campbell, Bunnavuth Chhun, Jessica Cochran, Elizabeth Compo, Brenda Conley, Michael Crail, Joi Crowe, Tammy Dale, Patrick Dugan, Chris Ebbing, Kevin Elfers, Arlene Fait, Linda Favaron, Amanda Franks, Mark Funk, Christine Geralds, Christina Goldstein, Samantha Hamilton-Curtis, Britney Havens, Martha Hutton, Jeffrey Hyde, Shannon Koehler, Tom Lantry, Candi McKinney, Teresa McMillen, Billie Moore, Timothy Osborn, Jeff Potts, Sherri Puckett-Morrissette, Mike Sand, Kevin Schmit, Patrick Schmit, Glenna Shafer, Patrick Stephenson, Brian Thien, Lindsay Walsh, Tracey Walsh, Lonnie Wheeler, Kieth Young regarding alias summons directed against Ohio Contractors Association Advancement Foundation (Winter, Robert)
March 26, 2021 Filing 99 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction by Defendant Ohio Laborers' District Council/Ohio Contractors Association Fund. (Devine, Patrick)
March 22, 2021 Opinion or Order Filing 98 Agreed Order dismissing Jeff Wyler Dealer Group, Inc. Signed by Judge Matthew W. McFarland on 03/22/2021. (kaf)
March 17, 2021 Filing 97 NOTICE of Appearance by Amy Ryder Wentz for Defendant AT&T (Wentz, Amy)
March 16, 2021 Filing 96 SUMMONS Returned Executed as to Defendant GAF, Inc. served on 1/26/2021, answer due 2/16/2021. (eh)
March 12, 2021 Filing 95 NOTICE of Appearance by Derek L. Towster for Defendant Board of Education of The Mason City Schools (Towster, Derek)
March 11, 2021 Opinion or Order Filing 94 Agreed Order dismissing Heartland Health & Wellness Fund. Signed by Judge Matthew W. McFarland on 03/11/2021. (kaf)
March 11, 2021 Filing 93 SUMMONS Returned Executed as to Defendant Ohio Laborers' District Council/Ohio Contractors Association Fund re Doc.#70 Alias Summons. Ohio Laborers' District Council/Ohio Contractors Association Fund served on 3/8/2021, answer due 3/29/2021. (kl)
March 9, 2021 Filing 92 Corporate Disclosure Statement by Defendant Jeff Wyler Dealer Group, Inc.. (Chapman, Michael)
March 9, 2021 Filing 91 NOTICE of Appearance by Michael J Chapman for Defendant Jeff Wyler Dealer Group, Inc. (Chapman, Michael)
March 5, 2021 Opinion or Order NOTATION ORDER granting #85 Motion for Leave to Appear Pro Hac Vice of Robert Jeffrey Lowe; granting #90 Motion for Leave to Appear Pro Hac Vice of Mark E. Schmidtke as Co-Counsel. Co-Counsels are directed to register for efilingthrough PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 3/5/2021. (eh)
March 4, 2021 Filing 90 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8198136) of Mark E. Schmidtke by Defendant Sara Lee Co.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order Proposed Order) (Stevens, Natalie)
March 4, 2021 Opinion or Order NOTATION ORDER: This matter is before the Court upon Plaintiffs' Unopposed Motion for Extension (Doc. #89 ). Plaintiff's request an additional twenty-one days to file a response to Defendant KCI Holding's Motion to Dismiss (Doc. #50 ). However, on February 5, 2021, the Court stayed this case indefinitely. (See Doc. #42 , "ORDER GRANTING... STAY OF RESPONSIVE DEADLINES.") Pursuant to that Order, the stay will be lifted once Plaintiff files a notice in the Court's docket that all Defendants in this case have been served. (Id.) But until that time, the deadlines for all responsive pleadings have already been stayed. (Id.) Therefore, Plaintiffs' Unopposed Motion for Extension (Doc. #89 ) is GRANTED in part. After the Court lifts the stay, Plaintiffs shall then have 21 days to file a response to Defendant KCI Holdings Motion to Dismiss (Doc. #50 ). IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/04/2021. (kaf)
March 3, 2021 Filing 89 Unopposed MOTION for Extension of Time to File Response/Reply New date requested 3/24/2021. by Plaintiffs Kevin Schmit, Patrick Schmit. (Attachments: #1 Text of Proposed Order) (Winter, Robert)
March 3, 2021 Filing 88 NOTICE of Appearance by Richard E. Hepp for Defendant Ohio Public Employees Retirement System (Hepp, Richard)
March 3, 2021 Filing 87 CERTIFICATE of Mailing: Certified mailing of Alias Summons and Complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: #1 Certified Mail Receipt) (kh)
March 3, 2021 Filing 86 NOTICE of Appearance by Jennifer Marie Turk for Defendant Ohio Public Employees Retirement System (Turk, Jennifer)
March 3, 2021 Filing 85 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8190590) of Robert Jeffrey Lowe by Defendant City of Lawrenceburg, Indiana. (Attachments: #1 Text of Proposed Order) (Kleppel, Kenneth)
March 2, 2021 Filing 84 SUMMONS Returned Executed as to Defendant HP Inc. HP Inc. served on 2/16/2021, answer due 3/9/2021. (bjc)
March 1, 2021 Filing 83 Corporate Disclosure Statement by Defendant Health Care Service Corporation. (Burke, James)
March 1, 2021 Filing 82 Corporate Disclosure Statement by Defendant American Financial Group, Inc.. (Burke, James)
March 1, 2021 Filing 81 NOTICE of Appearance by Kenneth J. Kleppel for Defendant City of Lawrenceburg, Indiana (Kleppel, Kenneth)
February 26, 2021 Filing 80 Corporate Disclosure Statement by Defendant Duro Hilex Poly, LLC. (Foster Bird, Melissa)
February 24, 2021 Filing 79 Summons Returned Unexecuted as to Definity Health United Health (Definity). (bjc) Modified File Date on 2/25/2021 (bjc).
February 24, 2021 Filing 78 Corporate Disclosure Statement by Defendant Armor Group, Inc.. (Jones, Christopher)
February 24, 2021 Filing 77 NOTICE of Appearance by Vincent D. Boddy for Defendant Rumpke Consolidated Companies Inc. (Boddy, Vincent)
February 24, 2021 Opinion or Order Filing 76 Agreed Order dismissing The Hackett Group, Inc. Signed by Judge Matthew W. McFarland on 02/24/2021. (kaf)
February 23, 2021 Filing 75 Corporate Disclosure Statement by Defendants Rumpke Consolidated Companies Inc., Rumpke Consolidated Companies, Inc. identifying Corporate Parent Rumpke Consolidated Companies, Inc. for Rumpke Consolidated Companies Inc... (Saxton, Jonathan)
February 23, 2021 Filing 74 NOTICE of Substitution of Counsel - Jonathan P Saxton substituting for James E. Burke and Melissa S. Matthews as to Defendant Rumpke Consolidated Companies Inc.. (Saxton, Jonathan)
February 23, 2021 Filing 73 NOTICE of Appearance by Jonathan P Saxton for Defendant Rumpke Consolidated Companies Inc. (Saxton, Jonathan)
February 23, 2021 Opinion or Order Filing 72 Agreed Order dismissing DHL Express (USA), Inc. Signed by Judge Matthew W. McFarland on 02/23/2021. (kaf)
February 22, 2021 Filing 71 Corporate Disclosure Statement by Defendant Linebarger Goggan Blair & Sampson, LLP. (Foley, Michael)
February 19, 2021 Filing 70 Alias Summons Issued as to Ohio Contractors Association Advancement Foundation. (eh)
February 19, 2021 Opinion or Order NOTATION ORDER granting #62 Motion for Leave to Appear Pro Hac Vice of W. Brad Nes as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 2/19/2021. (eh)
February 19, 2021 Opinion or Order NOTATION ORDER granting #67 Motion for Leave to Appear Pro Hac Vice of Rachel Gulotta as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 2/19/2021. (eh)
February 18, 2021 Filing 69 Corporate Disclosure Statement by Defendant Nease Corporation. (Young, Malcom)
February 18, 2021 Filing 68 Corporate Disclosure Statement by Defendants ABX Air, Inc., Air Transport Services Group, Inc. (ATSG) identifying Corporate Parent Air Transport Services Group, Inc. (ATSG) for ABX Air, Inc... (Craft, Brent)
February 18, 2021 Filing 67 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8132150) of Rachel Gulotta by Defendants Fifth Third Bancorp, The Procter And Gamble Health Care Plan. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Montgomery, David)
February 18, 2021 Filing 66 REQUEST for Issuance of Summons. Alias for Ohio Contractors Association Advancement Foundation (Maus, James)
February 17, 2021 Filing 65 Corporate Disclosure Statement by Defendant The Good Samaritan Hospital of Cincinnati, Ohio. (Foley, Michael)
February 16, 2021 Filing 64 NOTICE of Appearance by Megan E. Mersch for Defendants Linebarger Goggan Blair & Sampson, LLP, The Good Samaritan Hospital of Cincinnati, Ohio (Mersch, Megan)
February 16, 2021 Filing 63 Summons Returned Unexecuted as to Ohio Laborers' District Council/Ohio Contractors Association Fund/ Letter from attorney, Patrick Devine. (kl) (Additional attachment(s) added on 2/17/2021: #1 Letter from attorney, Patrick Devine) (kl). Modified docket text on 2/17/2021 (kl).
February 16, 2021 Filing 62 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8124022) of W. Brad Nes by Defendant YRC Worldwide, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Barber, Andrew)
February 16, 2021 Filing 61 Corporate Disclosure Statement by Defendants YRC Worldwide, Inc., Roadway LLC identifying Corporate Parent Roadway LLC for YRC Worldwide, Inc... (Barber, Andrew)
February 16, 2021 Filing 60 NOTICE of Appearance by Andrew J. Barber for Defendant YRC Worldwide, Inc. (Barber, Andrew)
February 16, 2021 Opinion or Order Filing 59 Agreed Order dismissing Rotech Healthcare, Inc. Signed by Judge Matthew W. McFarland on 02/16/2021. (kaf)
February 12, 2021 Filing 58 NOTICE of Appearance by Michael P. Foley for Defendant Linebarger Goggan Blair & Sampson, LLP (Foley, Michael)
February 12, 2021 Filing 57 NOTICE of Appearance by Melissa G. Foster Bird for Defendant Duro Hilex Poly, LLC (Foster Bird, Melissa)
February 12, 2021 Filing 56 SUMMONS Returned Executed as to Defendant AT&T. AT&T served on 1/27/2021, answer due 2/17/2021. (bjc)
February 11, 2021 Filing 55 CERTIFICATE of Mailing: Certified mailing of Alias Summons and Complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: #1 Certified Mail Receipt) (kh)
February 11, 2021 Filing 54 NOTICE of Appearance by Malcom Scott Young for Defendant Nease Corporation (Young, Malcom)
February 11, 2021 Filing 53 NOTICE of Appearance by Anthony P. McNamara for Defendant Nease Corporation (McNamara, Anthony)
February 10, 2021 Filing 52 NOTICE of Appearance by Connie Kremer for Defendant KCI Holding USA, Inc. (Kremer, Connie)
February 10, 2021 Filing 51 Corporate Disclosure Statement by Defendant KCI Holding USA, Inc.. (Rogers, Gregory)
February 10, 2021 Filing 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant KCI Holding USA, Inc.. (Rogers, Gregory)
February 10, 2021 Filing 49 Alias Summons Issued as to HP Inc. (eh)
February 9, 2021 Filing 48 NOTICE of Appearance by Michael P. Foley for Defendant The Good Samaritan Hospital of Cincinnati, Ohio (Foley, Michael)
February 9, 2021 Filing 47 SUMMONS Returned Executed as to Defendant American Financial Group, Inc. served on 1/21/2021, answer due 2/11/2021. (eh) (eh).
February 9, 2021 Filing 46 REQUEST for Issuance of Summons. HP Inc. (Maus, James)
February 8, 2021 Filing 45 SUMMONS Returned Executed as to Defendant Bluecross Blueshield Tennessee. Bluecross Blueshield Tennessee served on 1/23/2021, answer due 2/16/2021. (kl) Modified on 2/9/2021 (kl).
February 8, 2021 Filing 44 NOTICE of Appearance by Roula Allouch for Defendant Hartland Clarke Corp. (Allouch, Roula)
February 8, 2021 Filing 43 NOTICE of Appearance by Stacy A Cole for Defendant Hartland Clarke Corp. (Cole, Stacy)
February 5, 2021 Opinion or Order Filing 42 ORDER GRANTING IN PART DEFENDANTS' UNOPPOSED MOTION FOR STATUS CONFERENCE AND STAY OF RESPONSIVE DEADLINES (Doc. #28 ): For good cause shown, Defendants' Motion (Doc. #28 ) is GRANTED IN PART. All deadlines for all defendants to answer, plead, or otherwise move in response to the Complaint are hereby STAYED. However, there are over 45 defendants in this case, it appears that many of them have yet to be served, and only 14 have entered their appearance on the record. Holding a status conference at this time is premature. Plaintiffs are therefore ORDERED to file a Notice in the Court's docket once all Defendants have been served. The Court will then schedule a status conference regarding a coordinated schedule for responsive pleadings and/ or motions.. Signed by Judge Matthew W. McFarland on 02/05/2021. (kaf)
February 5, 2021 Reset Deadlines re #39 : Heartland Health & Wellness Fund answer due 3/2/2021. (kl) Modified on 2/5/2021 (kl).
February 5, 2021 Reset Deadlines (to correct 2/4/2021 data entry error): Green Township, Ohio answer due 3/2/2021. (eh)
February 5, 2021 Reset Deadline re #40 : Sara Lee Co. answer due 2/4/2021. (kl)
February 4, 2021 Filing 41 SUMMONS Returned Executed as to Defendants Duro Hilex Poly, LLC, Fifth Third Bancorp, Linebarger Goggan Blair & Sampson, LLP. Duro Hilex Poly, LLC served on 1/26/2021, answer due 2/16/2021; Fifth Third Bancorp served on 1/26/2021, answer due 2/16/2021; Linebarger Goggan Blair & Sampson, LLP served on 1/26/2021, answer due 2/16/2021. (bjc)
February 4, 2021 Filing 40 STIPULATION for Extension of Time to Answer, Move, or Plead in Response to Plaintiffs' Complaint by Defendant Sara Lee Co.. (Stevens, Natalie)
February 4, 2021 Filing 39 STIPULATION Granting. Heartland Health & Wellness Fund Twenty-One Additional Days, up to 3/2/21, to Answer, Move, or otherwise Plead in Response to Plaintiffs' Complaint by Defendant Heartland Health & Wellness Fund. (Arnold, Jennie)
February 4, 2021 Filing 38 NOTICE of Appearance by Jennie Gayle Arnold for Defendant Heartland Health & Wellness Fund (Arnold, Jennie)
February 4, 2021 Reset Deadlines re docs. #32 , #33 , #34 & #35 : Citi Bank answer due 3/11/2021; Enerfab, Inc. answer due 3/10/2021; Graceworks Lutheran Services answer due 3/2/2021; Green Township, Ohio answer due 3/2/2021. (eh) Modified to correct Green Township answer deadline on 2/5/2021 (eh).
February 3, 2021 Filing 37 NOTICE of Appearance by Peter A Saba for Defendant Armor Group, Inc. (Saba, Peter)
February 3, 2021 Filing 36 NOTICE of Appearance by Christopher Ryan Jones for Defendant Armor Group, Inc. (Jones, Christopher)
February 3, 2021 Filing 35 STIPULATION Granting Green Township, Ohio Twenty-One Additional Days, up to 3/2/21, to Answer, Move, or otherwise Plead in Response to Plaintiffs' Complaint by Defendant Green Township, Ohio. (Mitchell, Jennifer)
February 3, 2021 Filing 34 STIPULATION Granting Graceworks Lutheran Services Twenty-One Additional Days, up to 3/2/21, to Answer, Move, or otherwise Plead in Response to Plaintiffs' Complaint by Defendant Graceworks Lutheran Services. (Mitchell, Jennifer)
February 3, 2021 Filing 33 STIPULATION Granting CitiBank, N.A. Twenty-One Additional Days, up to 3/11/21, to Answer, Move, or otherwise Plead in Response to Plaintiffs' Complaint by Defendant Citi Bank. (Mitchell, Jennifer)
February 3, 2021 Filing 32 STIPULATION Granting Enerfab, Inc. Twenty-One Additional Days, up to 3/10/21, to Answer, Move, or otherwise Plead in Response to Plaintiffs' Complaint by Defendant Enerfab, Inc.. (Mitchell, Jennifer)
February 3, 2021 Filing 31 NOTICE of Appearance by Melissa Schaub Matthews for Defendants American Financial Group, Inc., Health Care Service Corporation, Rumpke Consolidated Companies Inc. (Matthews, Melissa)
February 3, 2021 Filing 30 NOTICE of Appearance by James Eugene Burke for Defendants American Financial Group, Inc., Health Care Service Corporation, Rumpke Consolidated Companies Inc. (Burke, James)
February 3, 2021 Filing 29 NOTICE of Appearance by Brent Darnell Craft for Defendant ABX Air, Inc. (Craft, Brent)
February 3, 2021 Filing 28 Unopposed MOTION Telephonic Status Conference and for an Indefinite Stay of Responsive Deadlines Pending the Entry of an Agreed Schedule by Defendants American Financial Group, Inc., Health Care Service Corporation, Rumpke Consolidated Companies Inc.. (Attachments: #1 Text of Proposed Order) (Burke, James). Added MOTION to Stay on 2/4/2021 (eh).
February 3, 2021 Opinion or Order NOTATION ORDER granting #26 Motion for Leave to Appear Pro Hac Vice of Howard Shapiro as Co-Counsel. Co-Counsel is directed to register for efiling through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 2/3/2021. (eh)
February 2, 2021 Filing 27 SUMMONS Returned Executed as to Defendants Delta Air Lines, Inc., Enerfab, Inc.. Delta Air Lines, Inc. served on 1/26/2021, answer due 2/16/2021; Enerfab, Inc. served on 1/26/2021, answer due 2/16/2021. (bjc)
February 2, 2021 Filing 26 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8073966) of Howard Shapiro by Defendants Fifth Third Bancorp, The Procter And Gamble Health Care Plan. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Montgomery, David)
February 2, 2021 Filing 25 NOTICE of Appearance by David K. Montgomery for Defendants Fifth Third Bancorp, The Procter And Gamble Health Care Plan (Montgomery, David)
February 2, 2021 Opinion or Order Filing 24 Agreed Order dismissing Midway Maintenance. Signed by Judge Matthew W. McFarland on 02/02/2021. (kaf)
February 2, 2021 Reset Deadlines re doc. #22 : Board of Education of The Mason City Schools answer due 2/22/2021. (eh)
February 1, 2021 Filing 23 SUMMONS Returned Executed as to Defendants Citi Bank, DHL, Hartland Clarke Corp., Nease Corporation, Rotech Healthcare, Inc., Sara Lee Co., The Procter And Gamble Health Care Plan, Verizon EPN, YRC Worldwide, Inc.. Citi Bank served on 1/27/2021, answer due 2/17/2021; Hartland Clarke Corp. served on 1/27/2021, answer due 2/17/2021; Nease Corporation served on 1/27/2021, answer due 2/17/2021; Rotech Healthcare, Inc. served on 1/27/2021, answer due 2/17/2021; Sara Lee Co. served on 1/27/2021, answer due 2/17/2021; The Procter And Gamble Health Care Plan served on 1/27/2021, answer due 2/17/2021; Verizon EPN served on 1/27/2021, answer due 2/17/2021; YRC Worldwide, Inc. served on 1/27/2021, answer due 2/17/2021. (bjc)
February 1, 2021 Filing 22 NOTICE by Defendant Board of Education of The Mason City Schools NOTICE OF APPEARANCE OF DEFENDANT MASON CITY SCHOOL DISTRICT BOARD OF EDUCATION AND JOINT STIPULATION OF EXTENSION OF ANSWER DATE (Philemond, Jessica)
February 1, 2021 Filing 21 NOTICE of Appearance by Robert W Hojnoski for Defendant The Hackett Group, Inc. (Hojnoski, Robert)
February 1, 2021 Filing 20 NOTICE of Appearance by Carrie Masters Starts for Defendant The Hackett Group, Inc. (Starts, Carrie)
January 29, 2021 Filing 19 SUMMONS Returned Executed as to Defendant The General Electric Company. The General Electric Company served on 1/21/2021, answer due 2/11/2021. (kl)
January 28, 2021 Filing 18 SUMMONS Returned Executed as to Defendants Bluecross Blueshield Illinois served on 1/25/2021, answer due 2/16/2021; Empire Healthchoice Assurance served on 1/25/2021, answer due 2/16/2021; Health Care Service Corporation served on 1/25/2021, answer due 2/16/2021; Ohio Public Employees Retirement System served on 1/25/2021, answer due 2/16/2021. (kh)
January 28, 2021 Reset Deadlines re doc. #16 : DHL answer due 3/15/2021. (eh)
January 27, 2021 Filing 17 SUMMONS Returned Executed as to Defendants Anthem Insurance Co., Community Insurance Co. Anthem, Wellpoint Flexible Benefit Plan. Anthem Insurance Co. served on 1/25/2021, answer due 2/16/2021; Community Insurance Co. Anthem served on 1/25/2021, answer due 2/16/2021; Wellpoint Flexible Benefit Plan served on 1/25/2021, answer due 2/16/2021. (kl)
January 27, 2021 Filing 16 STIPULATION PURSUANT TO LOCAL RULE 6.1 by Plaintiffs, Defendant DHL. (Blumenfeld, Jeremy) Modified docket text and terminated motion on 1/28/2021 (eh).
January 26, 2021 Filing 15 SUMMONS Returned Executed as to Defendant Green Township, Ohio. Green Township, Ohio served on 1/19/2021, answer due 2/9/2021. (kl)
January 26, 2021 Filing 14 SUMMONS Returned Executed (Not Effectuated related to COVID19) as to Defendant KCI Holding USA, Inc. served on 1/20/2021, answer due 2/10/2021. (eh)
January 26, 2021 Filing 13 SUMMONS Returned Executed as to Defendants ABX Air, Inc. served on 1/21/2021, answer due 2/11/2021; City of Lawrenceburg, Indiana served on 1/21/2021, answer due 2/11/2021; Containerport Group, Inc. served on 1/21/2021, answer due 2/11/2021; Fisher Auto Parts Co. served on 1/21/2021, answer due 2/11/2021. (eh)
January 22, 2021 Filing 12 SUMMONS Returned Executed (Not Effectuated related to COVID19) as to Defendant The Hackett Group, Inc.. The Hackett Group, Inc. served on 1/16/2021, answer due 2/8/2021. (bjc) Modified To Remove Blank Page on 1/27/2021 (bjc).
January 22, 2021 Filing 11 SUMMONS Returned Executed as to Defendant Heartland Health & Wellness Fund. Heartland Health & Wellness Fund served on 1/19/2021, answer due 2/9/2021. (bjc)
January 21, 2021 Filing 10 SUMMONS Returned Executed (Not Effectuated related to COVID19) as to Defendants Graceworks Lutheran Services, Specialty Interiors, Inc.. Graceworks Lutheran Services served on 1/19/2021, answer due 2/9/2021; Specialty Interiors, Inc. served on 1/19/2021, answer due 2/9/2021. (bjc)
January 21, 2021 Filing 9 SUMMONS Returned Executed as to Defendants Butler Health Plan, Rumpke Consolidated Companies Inc.. Butler Health Plan served on 1/19/2021, answer due 2/9/2021; Rumpke Consolidated Companies Inc. served on 1/19/2021, answer due 2/9/2021. (bjc)
January 21, 2021 Filing 8 Summons Returned Unexecuted as to HP Inc. Envelope was received 01/19/2021 with no indication as to why it came back, the clerk's Office tried to send it out again, it came back again with no indication as to why it was returned. (bjc)
January 19, 2021 Filing 7 SUMMONS Returned Executed (Not Effectuated related to COVID19) as to Defendant Midway Maintenance served on 1/16/2021, answer due 2/8/2021. (eh) (Main Document 7 replaced on 1/20/2021) (eh).
January 14, 2021 Filing 6 Certificate of Mailing: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: #1 Certified Mail Receipt) (bjc)
January 12, 2021 Opinion or Order Filing 5 RELATED CASE MEMORANDUM ORDER signed by Judge Douglas R. Cole and Judge Matthew W. McFarland. The Judges agree that case numbers 1:21-cv-016 and 1:18-631 ARE related. Case 1:21-cv-016 reassigned to Judge Matthew W. McFarland for all further proceedings. (kh)
January 11, 2021 Filing 4 NOTICE of Appearance by Robert Albert Winter, Jr for Plaintiffs Laura Aker, George Arnold, Cindy Bartlett, Joseph Baumgardner, Michelle Beavan, Denise Bess, Leona Beyer, Edythe Bishop, Rebekah Brady, Christina Brashear, Melissa Braucher, Jonathan Brunner, Janet Campbell, Robert Campbell, Bunnavuth Chhun, Jessica Cochran, Elizabeth Compo, Brenda Conley, Michael Crail, Joi Crowe, Tammy Dale, Patrick Dugan, Chris Ebbing, Kevin Elfers, Arlene Fait, Linda Favaron, Amanda Franks, Mark Funk, Christine Geralds, Christina Goldstein, Samantha Hamilton-Curtis, Britney Havens, Martha Hutton, Jeffrey Hyde, Shannon Koehler, Tom Lantry, Candi McKinney, Teresa McMillen, Billie Moore, Timothy Osborn, Jeff Potts, Sherri Puckett-Morrissette, Mike Sand, Kevin Schmit, Patrick Schmit, Glenna Shafer, Patrick Stephenson, Brian Thien, Lindsay Walsh, Tracey Walsh, Lonnie Wheeler, Kieth Young (Winter, Robert)
January 11, 2021 Filing 3 Summons Issued as to ABX Air, Inc., AT&T, American Financial Group, Inc., Anthem Insurance Co., Armor Group, Inc., Bluecross Blueshield Illinois, Bluecross Blueshield Tennessee, Board of Education of The Mason City Schools, Butler Health Plan, Citi Bank, City of Lawrenceburg, Indiana, Community Insurance Co. Anthem, Containerport Group, Inc., DHL, Definity Health United Health (Definity), Delta Air Lines, Inc., Duke Energy Ohio, Inc., Duro Hilex Poly, LLC, Empire Healthchoice Assurance, Enerfab, Inc., Fifth Third Bancorp, Fisher Auto Parts Co., GAF, Inc., Graceworks Lutheran Services, Green Township, Ohio, HP Inc., Hartland Clarke Corp., Health Care Service Corporation, Heartland Health & Wellness Fund, Jeff Wyler Dealer Group, Inc., KCI Holding USA, Inc., Linebarger Goggan Blair & Sampson, LLP, Meyer Tool, Inc., Midway Maintenance, Nease Corporation, Ohio Laborers' District Council/Ohio Contractors Association Fund, Ohio Public Employees Retirement System, Rotech Healthcare, Inc., Rumpke Consolidated Companies Inc., Sara Lee Co., Specialty Interiors, Inc., The General Electric Company, The Good Samaritan Hospital of Cincinnati, Ohio, The Hackett Group, Inc., The Procter And Gamble Health Care Plan, Verizon EPN, Wellpoint Flexible Benefit Plan, YRC Worldwide, Inc. (kh) Modified docket text on 1/13/2021 (kh).
January 11, 2021 If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kh)
January 8, 2021 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-7967439), filed by Martha Hutton, Samantha Hamilton-Curtis, Tammy Dale, Leona Beyer, Linda Favaron, Brenda Conley, Jessica Cochran, Kevin Schmit, Joi Crowe, Christina Brashear, Christina Goldstein, Shannon Koehler, Melissa Braucher, Brian Thien, Mark Funk, Billie Moore, Jeff Potts, Jonathan Brunner, Bunnavuth Chhun, Tracey Walsh, Patrick Schmit, Michael Crail, Kieth Young, George Arnold, Elizabeth Compo, Laura Aker, Christine Geralds, Arlene Fait, Amanda Franks, Timothy Osborn, Robert Campbell, Britney Havens, Kevin Elfers, Lonnie Wheeler, Patrick Dugan, Sherri Puckett-Morrissette, Glenna Shafer, Chris Ebbing, Janet Campbell, Denise Bess, Cindy Bartlett, Tom Lantry, Rebekah Brady, Lindsay Walsh, Patrick Stephenson, Edythe Bishop, Teresa McMillen, Joseph Baumgardner, Jeffrey Hyde, Candi McKinney, Mike Sand, Michelle Beavan. (Attachments: #1 Civil Cover Sheet, #2 Summons Form, #3 Summons Form, #4 Summons Form, #5 Summons Form, #6 Summons Form, #7 Summons Form, #8 Summons Form, #9 Summons Form, #10 Summons Form, #11 Summons Form, #12 Summons Form, #13 Summons Form, #14 Summons Form, #15 Summons Form, #16 Summons Form, #17 Summons Form, #18 Summons Form, #19 Summons Form, #20 Summons Form, #21 Summons Form, #22 Summons Form, #23 Summons Form, #24 Summons Form, #25 Summons Form, #26 Summons Form, #27 Summons Form, #28 Summons Form, #29 Summons Form, #30 Summons Form, #31 Summons Form, #32 Summons Form, #33 Summons Form, #34 Summons Form, #35 Summons Form, #36 Summons Form, #37 Summons Form, #38 Summons Form, #39 Summons Form, #40 Summons Form, #41 Summons Form, #42 Summons Form, #43 Summons Form, #44 Summons Form, #45 Summons Form, #46 Summons Form, #47 Summons Form, #48 Summons Form, #49 Summons Form) (Maus, James)

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Plaintiff: Arlene Fait
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Billie Moore
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Plaintiff: Samantha Hamilton-Curtis
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Patrick Schmit
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Plaintiff: Laura Aker
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Plaintiff: Leona Beyer
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Plaintiff: Brenda Conley
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Plaintiff: Jeffrey Hyde
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Plaintiff: Chris Ebbing
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Plaintiff: Denise Bess
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Plaintiff: Britney Havens
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Plaintiff: Jeff Potts
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Plaintiff: Martha Hutton
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Plaintiff: Tracey Walsh
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Plaintiff: Robert Campbell
Represented By: James F. Maus
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Plaintiff: Patrick Dugan
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Plaintiff: Candi McKinney
Represented By: James F. Maus
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Plaintiff: Joi Crowe
Represented By: James F. Maus
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Plaintiff: Lonnie Wheeler
Represented By: James F. Maus
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Plaintiff: Tom Lantry
Represented By: James F. Maus
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Plaintiff: Edythe Bishop
Represented By: James F. Maus
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Plaintiff: Patrick Stephenson
Represented By: James F. Maus
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Plaintiff: Brian Thien
Represented By: James F. Maus
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Plaintiff: Christina Goldstein
Represented By: James F. Maus
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Plaintiff: Christina Brashear
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Plaintiff: Kevin Schmit
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Plaintiff: Linda Favaron
Represented By: James F. Maus
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Plaintiff: Amanda Franks
Represented By: James F. Maus
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Plaintiff: Rebekah Brady
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Plaintiff: Mike Sand
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Plaintiff: Christine Geralds
Represented By: James F. Maus
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Plaintiff: Michael Crail
Represented By: James F. Maus
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Plaintiff: George Arnold
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Tammy Dale
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Glenna Shafer
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Elizabeth Compo
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Shannon Koehler
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Janet Campbell
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Jonathan Brunner
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Mark Funk
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Joseph Baumgardner
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Bunnavuth Chhun
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Kevin Elfers
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Cindy Bartlett
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Sherri Puckett-Morrissette
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Jessica Cochran
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Kieth Young
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Lindsay Walsh
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Timothy Osborn
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Michelle Beavan
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Teresa McMillen
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Melissa Braucher
Represented By: James F. Maus
Represented By: Robert Albert Winter, Jr.
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Plaintiff: Cheryl Marie Potts
Represented By: Robert Albert Winter, Jr.
Represented By: James F. Maus
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Defendant: Green Township, Ohio
Represented By: Jennifer Orr Mitchell
Represented By: R. Samuel Gilley
Represented By: Matthew Stephen Arend
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Defendant: DHL
Represented By: Jeremy P Blumenfeld
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Defendant: The Good Samaritan Hospital of Cincinnati, Ohio
Represented By: Michael P. Foley
Represented By: Megan E. Mersch
Represented By: Megan Elizabeth Mersch
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Defendant: Bluecross Blueshield Illinois
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Defendant: Hartland Clarke Corp.
Represented By: Roula Allouch
Represented By: Stacy A Cole
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Defendant: Sara Lee Co.
Represented By: Mark E Schmidtke
Represented By: Natalie M Stevens
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Defendant: Board of Education of The Mason City Schools
Represented By: Jessica K Philemond
Represented By: Derek L. Towster
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Defendant: Containerport Group, Inc.
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Defendant: Graceworks Lutheran Services
Represented By: Jennifer Orr Mitchell
Represented By: R. Samuel Gilley
Represented By: Matthew Stephen Arend
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Defendant: Nease Corporation
Represented By: Anthony P. McNamara
Represented By: Malcom Scott Young
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Defendant: Ohio Public Employees Retirement System
Represented By: Richard E. Hepp
Represented By: Jennifer Marie Turk
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Defendant: Enerfab, Inc.
Represented By: Jennifer Orr Mitchell
Represented By: R. Samuel Gilley
Represented By: Matthew Stephen Arend
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Defendant: Midway Maintenance
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Defendant: Ohio Laborers' District Council/Ohio Contractors Association Fund
Represented By: Patrick Andrew Devine
Represented By: Jason Mettley
Represented By: Jason M. Yarbrough
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Defendant: ABX Air, Inc.
Represented By: Brent Darnell Craft
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Defendant: AT&T
Represented By: Amy Ryder Wentz
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Defendant: Linebarger Goggan Blair & Sampson, LLP
Represented By: Michael P. Foley
Represented By: Megan E. Mersch
Represented By: Megan Elizabeth Mersch
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Defendant: Bluecross Blueshield Tennessee
Represented By: James Eugene Burke, III
Represented By: Melissa Schaub Matthews
Represented By: William J. Sheridan
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Defendant: Verizon EPN
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Defendant: Armor Group, Inc.
Represented By: Peter A Saba
Represented By: Christopher Ryan Jones
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Defendant: KCI Holding USA, Inc.
Represented By: Gregory Parker Rogers
Represented By: Connie Kremer
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Defendant: Rotech Healthcare, Inc.
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Defendant: Meyer Tool, Inc.
Represented By: Kristine Maher
Represented By: Michael A Roberts
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Defendant: Heartland Health & Wellness Fund
Represented By: Jennie Gayle Arnold
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Defendant: Health Care Service Corporation
Represented By: James Eugene Burke, III
Represented By: Melissa Schaub Matthews
Represented By: William J. Sheridan
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Defendant: Butler Health Plan
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Defendant: Specialty Interiors, Inc.
Represented By: Michael E Nitardy
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Defendant: Citi Bank
Represented By: Jennifer Orr Mitchell
Represented By: R. Samuel Gilley
Represented By: Matthew Stephen Arend
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Defendant: City of Lawrenceburg, Indiana
Represented By: Kenneth J. Kleppel
Represented By: Robert Jeffrey Lowe
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Defendant: GAF, Inc.
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Defendant: Duro Hilex Poly, LLC
Represented By: Melissa G. Foster Bird
Represented By: Cory E. Manning
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Defendant: Fisher Auto Parts Co.
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Defendant: American Financial Group, Inc.
Represented By: James Eugene Burke, III
Represented By: Melissa Schaub Matthews
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Defendant: Anthem Insurance Co.
Represented By: Kent Allen Britt
Represented By: Wesley Abrams
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Defendant: The Procter And Gamble Health Care Plan
Represented By: David K. Montgomery
Represented By: Howard Shapiro
Represented By: Rachel T. Gulotta
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Defendant: The Hackett Group, Inc.
Represented By: Carrie Masters Starts
Represented By: Robert W Hojnoski
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Defendant: Community Insurance Co. Anthem
Represented By: Kent Allen Britt
Represented By: Wesley Abrams
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Defendant: Fifth Third Bancorp
Represented By: David K. Montgomery
Represented By: Howard Shapiro
Represented By: Rachel T. Gulotta
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Defendant: Jeff Wyler Dealer Group, Inc.
Represented By: Michael J Chapman
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Defendant: Empire Healthchoice Assurance
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Defendant: HP Inc.
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Defendant: The General Electric Company
Represented By: James Eugene Burke, III
Represented By: Melissa Schaub Matthews
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Defendant: YRC Worldwide, Inc.
Represented By: Andrew J. Barber
Represented By: William Brad Nes
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Defendant: Delta Air Lines, Inc.
Represented By: Katheryn M Lloyd
Represented By: Shana Ortiz See
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Defendant: Wellpoint Flexible Benefit Plan
Represented By: Kent Allen Britt
Represented By: Wesley Abrams
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Defendant: Duke Energy Ohio, Inc.
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Defendant: Rumpke Consolidated Companies Inc.
Represented By: Jonathan P Saxton
Represented By: James Eugene Burke, III
Represented By: Melissa Schaub Matthews
Represented By: Vincent D. Boddy
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Defendant: Definity Health United Health (Definity)
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Petitioner: Ohio Contractors Association Advancement Foundation
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