International Union of Painters and Allied Trades District Council No. 6 et al v. Smith et al
| International Union of Painters and Allied Trades District Council No. 6, Jim Sherwood, Lee Denney, Chris Naegele and Everett Chilson |
| Warren T. Smith, Dana Clark, Jeremy Turi, Joe Conley, James Eck, Chad Hudelpohl, Kyle Young and Jeff Qvick |
| 1:2023cv00502 |
| August 9, 2023 |
| US District Court for the Southern District of Ohio |
| Douglas R Cole |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1104 Recovery of Benefits to Employee |
| None |
Docket Report
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Filing 23
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Joe Conley, James Eck, Chad Hudelpohl, Jeff Qvick, Jeremy Turi, Kyle Young. (Priestle, Evan)
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Filing 22
Defendants Dana Clark and Tom Smith's ANSWER to #1 Complaint, filed by Dana Clark, Warren T. Smith. (Cohen, Charles)
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NOTATION ORDER granting #21 Plaintiffs' Unopposed MOTION to Reschedule the Evidentiary Hearing on Plaintiffs' Motion for Preliminary Injunctive Relief. Motion Hearing reset for 11/3/23 at 9:30 AM in Courtroom 805 before Judge Douglas R. Cole. SO ORDERED. Signed by Judge Douglas R. Cole on 9/7/23. (sct)
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Filing 21
Unopposed MOTION to Reschedule the Evidentiary Hearing on Plaintiffs' Motion for Preliminary Injunctive Relief by Plaintiffs Everett Chilson, Lee Denney, International Union of Painters and Allied Trades District Council No. 6, Chris Naegele, Jim Sherwood. (Attachments: #1 Text of Proposed Order) (Robinson, Diana)
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Filing 20
NOTICE of Appearance by Evan T Priestle for Defendants James Eck, Chad Hudelpohl, Jeremy Turi, Kyle Young (Priestle, Evan)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Continued Informal Preliminary Conference re #2 Plaintiffs' Motion for Preliminary Injunctive Relief held on 9/1/23. Diana Robinson appeared for Plaintiffs; Allen Kinzer and Charles Cohen appeared for Defendants Warren T. Smith and Dana Clark; Evan Priestle and Jeff Mullins appeared for Defendants Jeremy Turi, Chad Hudelpohl, Joe Conley, Jeff Qvick, James Eck, and Kyle Young. The motion for preliminary injunctive relief was discussed. Written discovery to be completed between 9/8/23 and 9/25/23. Depositions to be completed between 10/2/23 and 10/11/23. The parties shall exchange witness lists by 10/18/23. Evidentiary Hearing on motion set for 10/27/23 at 9:30 a.m. in Courtroom 805. Defendants counsel agreed to waive service for any unserved defendants. Defendants to move, answer, or otherwise plead to the complaint by 9/25/23. (sct)
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Filing 19
NOTICE of Appearance by Charles E. Cohen for Defendants Dana Clark, Warren T. Smith (Cohen, Charles)
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Filing 18
NOTICE of Appearance by Allen Shawn Kinzer for Defendants Dana Clark, Warren T. Smith (Kinzer, Allen)
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Filing 17
NOTICE of Appearance by Michael Jerome Madigan for Defendant Kyle Young (Madigan, Michael)
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Minute Entry for proceedings held before Judge Douglas R. Cole: Informal Preliminary Conference re #2 Plaintiffs' Motion for Preliminary Injunctive Relief held on 8/18/23. Diana Robinson appeared for Plaintiffs; Allen Kinzer appeared for Defendants Warren T. Smith and Dana Clark; Curtis Cornett appeared for Defendants Jeremy Turi and Chad Hudelpohl; Evan Priestle appeared for Defendants Joe Conley and Jeff Qvick; Maribeth Meluch appeared for Defendant James Eck; Michael Madigan appeared for Defendant Kyle Young. The motion for preliminary injunctive relief was discussed. Mr. Kinzer advised the Court that he is only appearing for the conference and requested that the conference be continued to a later date in order for his clients to obtain permanent counsel. Continued Informal Preliminary Conference set for 9/1/23 at 2:00 p.m. The Court encouraged the parties to meet and confer, prior to the continued conference, to come up with a plan to move the case forward to include the number of depositions and amount of discovery needed, briefing preference to include a schedule, and proposed dates for a hearing on the motion. If the parties cannot agree, they should provide their individual suggestions and the Court will make the final determination. (Court Reporter: Sue Lopreato-Official). (sct)
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Reset Deadlines re doc. #16 : Joe Conley answer due 9/5/2023. (eh)
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Filing 16
SUMMONS Returned Executed as to Defendant Joe Conley. Joe Conley served on 8/14/2023, answer due 9/5/2023. (Robinson, Diana) Modified to correct service details on 8/18/2023 (eh).
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Filing 15
NOTICE of Appearance by Kevin R Feazell for Defendants Chad Hudelpohl, Jeremy Turi (Feazell, Kevin)
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Filing 14
NOTICE of Appearance by Evan T Priestle for Defendants Joe Conley and Jeff Qvick (Priestle, Evan) Modified docket text to include other defendant on document on 8/17/2023 (zmc).
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Filing 13
NOTICE of Appearance by Robert Thomas Dunlevey for Defendants Joe Conley and Jeff Qvick (Dunlevey, Robert) Modified docket text to include other defendant on document on 8/17/2023 (zmc).
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Reset Deadlines: Jeff Qvick answer due 9/5/2023 re #8 . (bjc)
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Filing 12
NOTICE of Appearance by Alison M Huenefeld for Defendants Chad Hudelpohl, Jeremy Turi (Huenefeld, Alison)
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Filing 11
NOTICE of Appearance by Curtis Lee Cornett for Defendants Chad Hudelpohl, Jeremy Turi (Cornett, Curtis)
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Filing 10
SUMMONS Returned Executed as to Defendant Jeremy Turi. Jeremy Turi served on 8/14/2023, answer due 9/5/2023. (Robinson, Diana)
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Filing 9
SUMMONS Returned Executed as to Defendant Kyle Young. Kyle Young served on 8/14/2023, answer due 9/5/2023. (Robinson, Diana)
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Filing 8
SUMMONS Returned Executed as to Defendant Jeff Qvick. Jeff Qvick served on 8/14/2023, answer due 9/5/2023. (Robinson, Diana) Modified Dates to Match USPS Tracking on 8/17/2023 (bjc).
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Filing 7
NOTICE of Appearance by Maribeth Meluch for Defendant James Eck (Meluch, Maribeth)
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Filing 6
Text Searchable MOTION for Preliminary Injunction Relief by Plaintiffs Everett Chilson, Lee Denney, International Union of Painters and Allied Trades District Council No. 6, Chris Naegele, Jim Sherwood. (Paoff, Kera) Modified docket text on 8/10/2023 (eh).
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Filing 5
Text Searchable Complaint by Plaintiffs Everett Chilson, Lee Denney, International Union of Painters and Allied Trades District Council No. 6, Chris Naegele, Jim Sherwood. . (Attachments: #1 Exhibit Constitution, #2 Exhibit Bylaws, #3 Exhibit Trust Agreement and Amendments) (Paoff, Kera) Modified docket text on 8/10/2023 (zmc).
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Filing 4
Summons Issued as to Dana Clark, Joe Conley, James Eck, Chad Hudelpohl, Jeff Qvick, Warren T. Smith, Jeremy Turi, and Kyle Young. (zmc)
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Filing 3
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #1 Complaint and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #1 Complaint as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 8/10/2023. (zmc)
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Filing 2
MOTION for Preliminary Injunction Relief by Plaintiffs Everett Chilson, Lee Denney, International Union of Painters and Allied Trades District Council No. 6, Chris Naegele, Jim Sherwood. (Paoff, Kera)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9548043), filed by Lee Denney, Jim Sherwood, International Union of Painters and Allied Trades District Council No. 6, Chris Naegele, Everett Chilson. (Attachments: #1 Exhibit Constitution, #2 Exhibit Bylaws, #3 Exhibit Trust Agreement and Amendments, #4 Civil Cover Sheet Civil Cover Sheet, #5 Summons Form Summons for 8 Defendants) (Paoff, Kera)
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If this case is referred, it will be to Magistrate Stephanie K. Bowman. (zmc)
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