Ebersole v. Dillon Companies LLC
| Kacey Ebersole |
| Dillon Companies, LLC |
| 1:2024cv00521 |
| September 20, 2024 |
| U.S. District Court for the Southern District of Ohio |
| Jeffery P Hopkins |
| Labor: Other |
| 28 U.S.C. § 1332 lr |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 4, 2024. A more recent docket listing may be available from PACER.
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Filing 43
ORDER CONSOLIDATING CASE FOR SETTLEMENT PURPOSES. It is ORDERED that Wilder v. The Kroger Co., No. 1:22-cv-681, Austin, et al. v. Kroger Limited Partnership I Mid Atlantic Marketing Area, No. 1:23-cv-287, and Ebersolev. Dillon Companies, LLC, 1:24-cv-521, are consolidated for settlement purposes only. From the date of this Order, and until further orders of the Court, all papers filed in any consolidated action shall be filed only in Wilder v. The Kroger Co., No. 1:22-cv-681. Signed by Judge Jeffery P. Hopkins on 11/4/2024. (kmc)
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Filing 42
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:22-cv-681 ARE related. Case reassigned to Judge Jeffery P. Hopkins for all further proceedings. Signed by Judge Susan J. Dlott and Judge Jeffrey P. Hopkins on 10/17/24. (pb)
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| Filing 40 Case transferred in from District of Colorado; Case Number 1:23-cv-00845. Original file electronic copy of transfer order and docket sheet received. |
| NOTICE - If case is to be referred, it will be Chief Magistrate Judge Karen Litkovitz (pb) |
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Filing 39
ORDER by Judge Charlotte N. Sweeney on 9/19/2024, re: #38 Joint MOTION to Lift Stay and Transfer is GRANTED. The stay on this matter is terminated and lifted; and This action is transferred to the Southern District of Ohio. (sphil, ) [Transferred from Colorado on 9/20/2024.]
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| Case reopened on 9/19/2024. Text Only Entry (sphil, ) [Transferred from Colorado on 9/20/2024.] |
| Filing 38 Joint MOTION to Lift Stay and Transfer by Defendant Dillon Companies LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
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Filing 37
MINUTE ORDER re: #36 Joint Status Report. The Court will continue to stay this case. The parties' shall file another Joint Status Report on or before 11/22/2024. By Judge Charlotte N. Sweeney on 7/22/2024. Text Only Entry (cnsja, ) [Transferred from Colorado on 9/20/2024.]
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| Filing 36 Joint STATUS REPORT by Defendant Dillon Companies LLC. (Okon, Joseph) [Transferred from Colorado on 9/20/2024.] |
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Filing 35
MINUTE ORDER re: #34 Joint Status Report. The Court orders that the parties submit another Joint Status Report on or before 7/22/2024. By Judge Charlotte N. Sweeney on 4/18/2024. Text Only Entry (cnsja, ) [Transferred from Colorado on 9/20/2024.]
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| Filing 34 Joint STATUS REPORT by Defendant Dillon Companies LLC. (Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
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Filing 33
MINUTE ORDER re: #32 Joint Status Report. The Court orders that the parties submit another Joint Status Report on or before 4/19/2024. By Judge Charlotte N. Sweeney on 1/12/2024. Text Only Entry (cnsja. ) [Transferred from Colorado on 9/20/2024.]
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| Filing 32 Joint STATUS REPORT by Defendant Dillon Companies LLC. (Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
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Filing 31
MINUTE ORDER re: #30 Joint Status Report. The Court will continue the stay in this matter to and including 1/17/2024 while the parties work through the settlement process. The Court orders that the parties submit another Joint Status Report on or before 1/17/2024. By Judge Charlotte N. Sweeney on 10/19/2023. Text Only Entry (cnsja. ) [Transferred from Colorado on 9/20/2024.]
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| Filing 30 Joint STATUS REPORT by Defendant Dillon Companies LLC. (Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
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Filing 29
MINUTE ORDER by Magistrate Judge Susan Prose on 6/22/2023. In light of the continuing stay of this case, the scheduling conference set for 6/29/2023 before Magistrate Judge Susan Prose is VACATED. Text Only Entry (splc1) [Transferred from Colorado on 9/20/2024.]
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Filing 28
ORDER finding as moot #17 Motion to Dismiss Or, In The Alternative, To Transfer Venue. In light of counsel's representation (ECF No. #26 ) that the parties have reached a settlement in principle, the motion #17 is found to be moot. By Judge Charlotte N. Sweeney on 6/21/2023. Text Only Entry(cnssec. ) [Transferred from Colorado on 9/20/2024.]
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Filing 27
MINUTE ORDER re: #26 Joint Status Report. The Court will continue to stay this matter to and including 10/19/2023 while the parties work through the settlement process. The Court orders that the parties submit another Joint Status Report on or before 10/19/2023. By Judge Charlotte N. Sweeney on 6/21/2023. Text Only Entry (cnssec. ) [Transferred from Colorado on 9/20/2024.]
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| Filing 26 Joint STATUS REPORT by Plaintiff Kacey Ebersole. (Hood, Alexander) [Transferred from Colorado on 9/20/2024.] |
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Filing 25
MINUTE ORDER by Magistrate Judge Susan Prose on 5/17/2023. In light of the Order staying proceedings pending the parties mediation planned for June 14, 2023, the scheduling conference set before Magistrate Judge Prose for May 25, 2023, is VACATED and RESET to June 29, 2023, at 1:30 p.m. Proposed scheduling order due for filing (and emailing in Word to prose_chambers@cod.uscourts.gov) by June 22, 2023. Text Only Entry (splc1) [Transferred from Colorado on 9/20/2024.]
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| Filing 24 NOTICE: Except to the extent Magistrate Judge Susan Prose has already vacated or reset a conference or hearing in this case, all conferences and hearings scheduled in this matter before its reassignment to Magistrate Judge Susan Prose remain scheduled at the dates and times set, and will be held in person in Courtroom C-205 (Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado) before Magistrate Judge Susan Prose unless previously expressly set by telephone or video. To attend telephone conferences, the parties shall call 571-353-2301, Meeting ID- 868150043 at the scheduled time. All attendees shall please mute their phone when not speaking and not use a speaker phone. To attend video conferences, the parties shall follow the instructions attached to this Notice. Litigants and counsel whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance may appear at conferences and hearings by telephone. Please contact Chambers at (303) 335-2722 at least two business days prior to the conference or hearing to arrange appearance by telephone. (cpomm, ) [Transferred from Colorado on 9/20/2024.] |
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Filing 23
ORDER granting #22 Joint Motion to Stay All Proceedings Pending Mediation. The Court will stay proceedings including the briefing on the pending Motion to Dismiss Or, In The Alternative, To Transfer Venue #17 . The parties are ordered to file a Joint Status Report on or before 6/21/2023. In addition, the Court directs counsel to jointly contact Magistrate Judge Susan Prose's Chambers regarding the status of the Scheduling Conference now set for 5/25/2023. By Judge Charlotte N. Sweeney on 5/16/2023. Text Only Entry(cnssec.) [Transferred from Colorado on 9/20/2024.]
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| Filing 22 Joint MOTION to Stay ALL PROCEEDINGS PENDING MEDIATION by Plaintiff Kacey Ebersole. (Hood, Alexander) [Transferred from Colorado on 9/20/2024.] |
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Filing 21
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Susan Prose upon her appointment. All future pleadings should reference Magistrate Judge Prose at the end of the civil action number as such: 23-cv-00845-CNS-SP. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Prose in Courtroom C-205. Her chambers is located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2722. (Text only entry) (trvo, ) [Transferred from Colorado on 9/20/2024.]
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| Filing 20 NOTICE of Entry of Appearance by George L. Stevens, III on behalf of Dillon Companies LLCAttorney George L. Stevens, III added to party Dillon Companies LLC(pty:dft) (Stevens, George) [Transferred from Colorado on 9/20/2024.] |
| Filing 19 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent The Kroger Co. for Dillon Companies LLC. (Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
| Filing 18 NOTICE of Entry of Appearance by Robert A. Harris on behalf of Dillon Companies LLCAttorney Robert A. Harris added to party Dillon Companies LLC(pty:dft) (Harris, Robert) [Transferred from Colorado on 9/20/2024.] |
| Filing 17 MOTION to Dismiss Or, In The Alternative, To Transfer Venue by Defendant Dillon Companies LLC. (Attachments: #1 Exhibit Exhibit A - Wilder Complaint, #2 Exhibit Exhibit B - Declaration)(Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
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Filing 16
ORDER striking #15 Motion to Dismiss Or, In The Alternative, To Transfer Venue. Please refer to Civ. Practice Standard 10.1(c). Defendant is granted to 5/3/2023 to refile. By Judge Charlotte N. Sweeney on 4/26/2023. Text Only Entry(cnssec. ) [Transferred from Colorado on 9/20/2024.]
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| Filing 15 MOTION to Dismiss Or, In The Alternative, To Transfer Venue by Defendant Dillon Companies LLC. (Attachments: #1 Exhibit A - Wilder Complaint, #2 Exhibit B - Declaration)(Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
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Filing 14
ORDER granting #8 Motion for Extension of Time to Answer or Otherwise Respond. For good cause shown, the Court hereby GRANTS the parties' "Stipulated 21-Day Extension of Time Under Local Civil Rule 6.1." ECF 8. Defendant shall answer or otherwise respond to Plaintiff's Complaint on or before May 3, 2023. Entered by Magistrate Judge Michael E. Hegarty on 4/18/23. Text Only Entry(mehlc5) [Transferred from Colorado on 9/20/2024.]
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Filing 13
Minute ORDER by Magistrate Judge Michael E. Hegarty on 17 April 2023. Proposed Scheduling Order due5/18/2023. Scheduling Conference set for 5/25/2023 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, ) [Transferred from Colorado on 9/20/2024.]
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. #8 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re 4 Complaint Under Local Civil Rule 6.1 by Defendant Dillon Companies LLC referred to Magistrate Judge Michael E. Hegarty by Judge Charlotte N. Sweeney on 4/17/23. Text Only Entry (jdyne) [Transferred from Colorado on 9/20/2024.]
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| Filing 11 MEMORANDUM RETURNING CASE by Judge Robert E. Blackburn. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00845-CNS. (sphil, ) [Transferred from Colorado on 9/20/2024.] |
| Filing 10 CASE REASSIGNED pursuant to 7 Order of Recusal. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00845-REB. (Text Only Entry) (csarr, ) [Transferred from Colorado on 9/20/2024.] |
| Filing 9 NOTICE of Entry of Appearance by Jacob Maxwell Rubinstein on behalf of Dillon Companies LLC (Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
| Filing 8 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #4 Complaint Under Local Civil Rule 6.1 by Defendant Dillon Companies LLC. (Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
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Filing 7
ORDER OF RECUSAL: A judge is required to recuse from a case where their "impartiality might reasonably be questioned." In re McCarthey, 368 F.3d 1266, 1269 (10th Cir. 2004); 28 U.S.C. 455(a). "In determining whether a judge should recuse under 455(a), the issue is not whether the judge is impartial in fact, but rather, whether a reasonable [person] might question his impartiality under all circumstances." United States v. Gigax, 605 F.2d 507, 511 (10th Cir. 1979); Webbe v. McGhie Land Title Co., 549 F.2d 1358, 1361 (10th Cir. 1977).One of my immediate family members is employed in an hourly capacity at a facility owned and operated by Dillon Companies, LLC. Given the nature of the allegations in the #4 Class Action Complaint, I have determined I should recuse from this matter. IT IS ORDERED that I hereby recuse from any further service in this matter. IT IS FURTHER ORDERED that the Clerk of Court shall cause this case to be reassigned to another magistrate judge or district judge. By Magistrate Judge S. Kato Crews on 04/06/2023. Text Only Entry (skc) [Transferred from Colorado on 9/20/2024.]
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| Filing 6 NOTICE of Entry of Appearance by Alexander Neville Hood on behalf of Kacey EbersoleAttorney Alexander Neville Hood added to party Kacey Ebersole(pty:pla) (Hood, Alexander) [Transferred from Colorado on 9/20/2024.] |
| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jcharl, ) [Transferred from Colorado on 9/20/2024.] |
| Filing 4 Class Action COMPLAINT against Dillon Companies LLC, filed by Kacey Ebersole.(jcharl, ) [Transferred from Colorado on 9/20/2024.] |
| Filing 3 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jcharl, ) [Transferred from Colorado on 9/20/2024.] |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jcharl, ) [Transferred from Colorado on 9/20/2024.] |
| Filing 1 NOTICE OF REMOVAL by Dillon Companies LLC from Denver District Court, Case Number 2023cv30353. (Filing fee $ 402, Receipt Number ACODC-9030008), filed by Dillon Companies LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A to Notice of Removal, #3 Exhibit Exhibit B to Notice of Removal)(Rubinstein, Jacob) [Transferred from Colorado on 9/20/2024.] |
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| Plaintiff: Kacey Ebersole | |
| Represented By: | Alexander Neville Hood |
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| Defendant: Dillon Companies, LLC | |
| Represented By: | Jacob Maxwell Rubinstein |
| Represented By: | Robert A Harris |
| Represented By: | Joseph Edward Okon |
| Represented By: | George L. Stevens, III |
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