Bauer et al v. Sukhvinder Singh et al
| John Bauer and Jerry Freeze |
| Sukhvinder Singh, Payless Auto Sales, LLC, Payless Auto Salvage, LLC and Commerical Paper Co., LLC |
| 3:2009cv00194 |
| May 8, 2009 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| BUTLER |
| Michael R Merz |
| Walter H Rice |
| Plaintiff |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
82
ORDER (1) granting 79 Motion for Order Directing Defendants to Pay Plaintiffs' Attorney's Fees and Litigation Costs; and (2) Awarding attorney fees in the amount of $55,774.50 and costs in the amount of $1,277.00. Signed by Judge Timothy S. Black on 4/8/11. (lk)
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Filing
78
JUDGMENT by Judge Timothy S. Black. (1) Plaintiff John Bauer is entitled to judgment against Defendants on his overtime claim in the total amount of $11,800.36. (2) Plaintiff James (Michael) Dozier is entitled to judgment against Defendants on h is overtime claim in the amount of $39,705.12 (including liquidated damages). Defendants are entitled to judgment on Dozier's minimum wage claim. (3) Defendants are entitled to judgment against Plaintiff Hubert Palmer on his minimum wage and overtime claims; and (4) Plaintiffs Bauer and Dozier are entitled to reasonable attorney's fees and costs of the action from Defendants. Signed by Judge Timothy S. Black on 2/14/11. (lk1)
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Filing
70
DECISION AND ENTRY: (1) DENYING Defendants' 53 Motion to Dismiss the Claims of Jerry Freeze; (2) DENYING in part and GRANTING in part Plaintiffs' 54 Motion in Limine to Exclude Evidence of Job Performance; (3) GRANTING Plantiffs' [ 55] Motion in Limine to Exclude Evidence Regarding Defendants' Affirmative Defenses; (4) GRANTING Plaintiffs' 57 Motion to Amend and Correct the Record; and (5) DENYING as moot Defendants' 50 Motion to Strike Plaintiffs' Statement of Proposed Undisputed Facts. Signed by Judge Timothy S. Black on 1/28/11. (lk1)
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Filing
51
DECISION AND ENTRY: (1) DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, IN PART, AND GRANTING IT IN PART (Doc. 41 ); AND (2) DENYING DEFENDANTS' MOTION TO STRIKE (Doc. 45 ). Signed by Judge Timothy S. Black on 12/7/10. (kje1) Modified on 12/7/2010 to edit text (sc1).
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Filing
42
ORDER GRANTING PLAINTIFF'S MOTION FOR PERMISSIVE JOINDER (Doc. 40 ). Signed by Judge Timothy S. Black on 10/14/2010. (kje1)
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Filing
34
ORDER - Defendants' Discovery Motion (Doc. No. 30) was filed April 30, 2010. Under S. D. Ohio Civ. R. 7.2, Plaintiffs' opposition, if any, was required to be filed by May 24, 2010. No such opposition was filed within the time allowed. Under S. D. Ohio Civ. R. 7.2(a)(2), failure to oppose a motion of this sort is good grounds for granting it. Accordingly, the Motion is granted and Plaintiffs are ordered to produce the information sought by Defendants forthwith. Signed by Magistrate Judge Michael R Merz on 6/2/2010. (kpf1)
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Filing
29
ORDER VACATING STAY OF PROCEEDINGS AND FOR BRIEFING - On oral report from Mediator Robert Kaiser that negotiations have reached an impasse, it is hereby ordered that the stay of proceedings pending mediation be, and it hereby is, vacated. Initially, Judge Rice referred this matter to the undersigned for mediation. During a scheduling conference on February 19, 2010, the parties advised the Magistrate Judge that there was an impending discovery dispute which would require court resolution. It was for this reason that the mediation was redirected to Mr. Kaiser. With the unsuccessful conclusion of mediation efforts, the Magistrate Judge notes that the discovery cut-off is presently set for May 4, 2010. It is accordingly ordered: 1. The parties shall frame the discovery dispute and present it by motion for resolution not later than May 1, 2010. 2. Also by May 1, 2010, the parties shall prepare an amended Fed. R. Civ. P. 26(f) report. Once that report is filed, Judge Rice will set a new scheduling conference. Signed by Magistrate Judge Michael R Merz on 4/21/2010. (kpf1)
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Filing
28
MEDIATOR'S REPORT - This case came on for telephone scheduling conference at 3:00 p.m. on Friday, February 19, 2010. One of the parties advised the Magistrate Judge that, in light of the fact that this case was referred to the Magistrate Judge f or pre-trial management, that party did not feel comfortable having the Magistrate Judge be the case mediator and accordingly there was not unanimous consent of the parties to the reference, as stated in the Order of Reference for mediation. Although there have been no discovery disputes in the case as yet, the Magistrate Judge was advised during the call that such a discovery dispute is nearly ripe and will be presented to the Magistrate Judge for resolution in the near future; the discovery di spute precludes, in the mind of one of the parties counsel, proceeding with mediation until the dispute has been resolved. Under these circumstances, mediation being a voluntary process, the undersigned cannot proceed with the mediation and respectfully requests that it be referred for mediation to another mediator. Signed by Magistrate Judge Michael R Merz on 2/19/2010. (kpf1)
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