Wilkinson et al v. Greater Dayton Regional Transit Authority et al
| Brian Gray, Alicia Washington, Shalonda Egler, Doug Stauter, Michele Wilkinson, Rocquel Mitchell, Rob Phillips and Della Aydelott |
| Greater Dayton Regional Transit Authority and Jean McEntarfer |
| 3:2011cv00247 |
| July 18, 2011 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Sharon L Ovington |
| Walter H Rice |
| Other Statutory Actions |
| 29 U.S.C. § 2617 |
| Plaintiff |
Docket Report
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Filing 207
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE- The Court hereby orders, adjudges, and decrees that Plaintiffs' claims against Defendant are DISMISSED WITH PREJUDICE and without attorneys' fees or costs against any party. Signed by Judge Walter H. Rice on 3/1/18. (kma)
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| Set/Reset Deadlines: Settlement Papers due by 3/7/2018. (jmb) |
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NOTATION ORDER denying #206 Plaintiffs' Motion to Reopen Case; date to file settlement papers extended 45 days to March 7, 2018. Signed by Judge Walter H. Rice on 02/13/2017. (tp)
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| Filing 206 MOTION to Reopen Case (Pending Consummation of Settlement Papers) by Plaintiffs Della Aydelott, Shalonda Egler, Doug Stauter. (Leathem, William) |
| CLERK'S NOTICE: The parties have requested an additional 30 days to complete settlement, to which the Court agrees. (tp) |
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Filing 205
ORDER OF DISMISSAL; TERMINATION ENTRY - The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provided that any of the parties may, upon good cause shown within 60 days, reopen the action if settlement is not consummated. Signed by Judge Walter H. Rice on 10/18/17. (pb)
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| Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 10/12/2017, (Telephone Status Conference set for 10/20/2017 04:30 PM before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp) |
| Set/Reset Hearings: Telephone Status Conference set for 10/12/2017 01:15 PM before Judge Walter H. Rice. The Court will initiate the call. (tp) |
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Filing 204
ORDER - It is hereby ordered that the above captioned cause be administratively processed and all dates stayed. Signed by Judge Walter H. Rice on 9/29/17. (pb)
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| Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 9/28/2017, (Telephone Status Conference set for 10/12/2017 01:15 PM before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp) |
| NOTICE OF TIME CHANGE ONLY: Status Conference set for 9/28/2017 at 4:30 PM (moved from 3:00 PM) before Judge Walter H. Rice. (tp) |
| Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 9/22/2017, (Telephone Status Conference set for 9/28/2017 03:00 PM before Judge Walter H. Rice.). The Court will initiate the call. (Court Reporter: Debra Futrell) (tp) |
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NOTATION ORDER sustaining #202 Motion to Withdraw as Attorney by David M. Cook and Clement Taso, Cook & Logothetis, and William W. Leathem and Colin J. Burns, Jacobs Burns Orlove & Hernandez. Signed by Judge Walter H. Rice on 09/14/2017. (tp)
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| Filing 203 CERTIFICATE OF SERVICE by Plaintiffs Della Aydelott, Shalonda Egler, Doug Stauter, Michele Wilkinson re #202 MOTION to Withdraw as Attorney from the Representation of Plaintiff Michele Wilkinson (Leathem, William) |
| Filing 202 MOTION to Withdraw as Attorney from the Representation of Plaintiff Michele Wilkinson by Plaintiffs Della Aydelott, Shalonda Egler, Doug Stauter, Michele Wilkinson. (Attachments: #1 Exhibit PX 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Leathem, William) |
| Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 9/12/2017. (Court Reporter: Debra Futrell) (Futrell, Debra) |
| Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 9/5/2017, (Telephone Status Conference set for 9/12/2017 04:45 PM before Judge Walter H. Rice.). Counsel shall call 1-888-684-8852 to participate in the telephone conference with Judge Walter H. Rice. The conference access code is 2854360 and the security code is 083017. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (Court Reporter: Debra Futrell) (tp) |
| Filing 201 MOTION For Referral To Mediation and To Stay Proceedings by Plaintiffs Della Aydelott, Shalonda Egler, Doug Stauter, Michele Wilkinson. (Leathem, William) |
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Filing 200
DECISION AND ENTRY OVERRULING PLAINTIFFS MICHELE WILKINSON, DELLA AYDELOTT, SHALONDA EGLER AND DOUG STAUTER'S THIRD AMENDED MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL (DOC. #190 ); NAMED PLAINTIFFS AND DEFENDANT GREATER DAYTON REGIONAL TRANSIT AUTHORITY SHALL FILE A MODIFIED SCHEDULING ORDER AS TO THE INDIVIDUAL CLAIMS OF THE NAMED PLAINTIFFS WITHIN TWENTY-ONE DAYS OF THIS ENTRY; SCHEDULING CONFERENCE CALL SET FOR SEPTEMBER 14, 2017, AT 10:00 A.M. before Judge Walter H. Rice. Signed by Judge Walter H. Rice on 8/17/17. (pb)
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| Filing 199 NOTICE of Change of Address by Matthew Roberts (Roberts, Matthew) |
| Filing 198 Filing fee Received for Pro Hac Vice Admission: $ 200.00, receipt number 300DAY018335. re #197 (kma) |
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NOTATION ORDER sustaining #197 Motion for Leave to Appear Pro Hac Vice of Colin Burns Upon payment of filing fee. Signed by Judge Walter H. Rice on 12/7/2016. (jdf) Modified on 12/7/2016 (jmb).
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| Filing 197 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Colin Burns by Plaintiffs Della Aydelott, Shalonda Egler, Doug Stauter, Michele Wilkinson. (Attachments: #1 Certificate of Good Standing) (Cook, David) |
| NOTICE TO PARTIES: The hearing set for 12/7/2016 at 9:30 is canceled as none of the parties wishes an Oral/Evidentiary Hearing. (jdf) Modified on 12/6/2016 (jdf). |
| Filing 196 Petitioner's REPLY BRIEF by Della Aydelott, Shalonda Egler, Doug Stauter, Michele Wilkinson In Support Of Third Amended Motion For Class Certification And Appointment Of Class Counsel. (Attachments: #1 Exhibit 18, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 21, #5 Exhibit 22, #6 Exhibit 23, #7 Exhibit 24, #8 Exhibit 25, #9 Exhibit 26, #10 Exhibit 27, #11 Exhibit 28, #12 Exhibit 29, #13 Exhibit 30, #14 Exhibit 31, #15 Exhibit 32, #16 Exhibit 33, #17 Exhibit 34, #18 Exhibit 35, #19 Exhibit 36, #20 Exhibit 37, #21 Exhibit 38) (Leathem, William) |
| Filing 195 RESPONSE in Opposition re #190 Third MOTION to Certify Class and Appointment of Class Counsel and Memorandum in Support filed by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit A - Crutcher Dec., #2 Exhibit B - Excerpts from Wilkinson Dep., #3 Exhibit C - Excerpts from Brown Dep., #4 Exhibit D - Excerpts from Aydelott Dep., #5 Exhibit E - Excerpts from Stauter Dep., #6 Exhibit F - Wilkinson Discovery Responses, #7 Exhibit G - Plaintiffs' Responses to Requests for Admission) (Guttman, Daniel) |
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Filing 194
SCHEDULING ORDER: Defendant shall propound discovery requests related to putative class members identified by Plaintiffs on September 9, 2015, no later than August 31, 2016. Plaintiffs shall respond to Defendant's discovery requests no later than September 30, 2016. If any dispute arises concerning the scope of those discovery requests or any other discovery-related matter, the parties are to contact chambers immediately to set up a discovery conference so that the dispute can be resolved as expeditiously as possible. No discovery-related motions are to be filed. Defendant shall file its Memorandum in Opposition to Plaintiffs' Third Amended Motion for Class Certification and Appointment of Class Counsel, Doc. #190 , no later than October 31, 2016. Plaintiffs shall file their Reply in support of that motion no later than November 30, 2016. A hearing on Plaintiffs' Third Amended Motion for Class Certification and Appointment of Class Counsel, Doc. #190 , will be held on December 7, 2016, at 9:30 a.m. Given the age of this case, the above deadlines will not be extended absent extenuating circumstances. Additional case management deadlines will be established after the Court rules on the class certification motion. Signed by Judge Walter H. Rice on 7/14/16. (pb)
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| Filing 193 RULE 26(f) REPORT by Plaintiffs Della Aydelott, Shalonda Egler, Doug Stauter, Michele Wilkinson. (Leathem, William) |
| Filing 192 RULE 26(f) REPORT by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 191 NOTICE by Plaintiffs Della Aydelott, Shalonda Egler, Doug Stauter, Michele Wilkinson Notice of Withdrawal of Counsel (Cook, David) |
| Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 1/26/2016. ( Telephone Conference set for 2/12/2016 at 1:30 PM before Judge Walter H. Rice.). (Court Reporter Debra Futrell.) (jdf) |
| NOTICE OF TELEPHONE CONFERENCE TIME CHANGE:The Telephone Conference set for 1/26/2016 will be held at 10:00 AM before Judge Walter H. Rice. (jdf) |
| Filing 190 Third MOTION to Certify Class and Appointment of Class Counsel and Memorandum in Support by Plaintiffs Della Aydelott, Shalonda Egler, Doug Stauter, Michele Wilkinson. Responses due by 2/16/2016 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) (Leathem, William) |
| Filing 189 DECISION AND ENTRY OVERRULING PLAINTIFFS' SECOND AMENDED MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF COUNSEL (DOC. #178 ); OVERRULING AS MOOT DEFENDANT GREATER DAYTON REGIONAL TRANSIT AUTHORITY'S MOTION TO STRIKE PLAINTIFFS' NEW CONTENTIONS AND EVIDENCE RAISED IN THEIR REPLY IN SUPPORT OF CLASS CERTIFICATION (DOC. #185 ); GIVING PLAINTIFFS LEAVE TO FILE A THIRD AMENDED MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF COUNSEL WITHIN 7 DAYS; RESCHEDULING JANUARY 19, 2016, CONFERENCE CALL; SETTING FORTH ADDITIONAL PROCEDURES. Signed by Judge Walter H. Rice on 1/14/2016. (ead) |
| The conference call currently scheduled for January 19, 2016,at 4:00p.m., is rescheduled for January 26, 2016, at 9:00 a.m. Status Conference set for 1/26/2016 09:00 AM in Teleconference before Judge Walter H. Rice. (ead) |
| Filing 188 REPLY to Response to Motion re #185 MOTION to Strike New Contentions Raised in Plaintiffs' Reply in Support of the Motion for Class Certification filed by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 187 RESPONSE in Opposition re #185 MOTION to Strike New Contentions Raised in Plaintiffs' Reply in Support of the Motion for Class Certification filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Michele Wilkinson. (Leathem, William) |
| Telephone Conference set for 1/19/2016 at 4:00 PM before Judge Walter H. Rice. (pb) Modified on 12/18/2015 (jdf). |
| Filing 186 ENTRY SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO STRIKE NEW CONTENTIONS RAISED IN PLAINTIFF'S REPLY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION (DOC. #185 ); CONFERENCE CALL SET FOR COURT TO ANNOUNCE DECISION Signed by Judge Walter H. Rice on 12/15/2015. (ead) (ead). |
| Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 11/30/2015. Plaintiff to file response to Doc. #185 by COB on 12/21/2015 and Defendant to file reply by COB 1/8/2016. (Telephone Conference set for 1/19/2016 at 4:00 PM before Judge Walter H. Rice.) Court Reporter: CourtSmart (jdf) |
| Filing 185 MOTION to Strike New Contentions Raised in Plaintiffs' Reply in Support of the Motion for Class Certification by Defendant Greater Dayton Regional Transit Authority. Responses due by 12/24/2015 (Attachments: #1 Exhibit Declaration of Dale Crutcher) (Guttman, Daniel) |
| NOTICE OF TELEPHONE CONFERENCE:The Telephone Conference set for today 10/22/2015 is canceled and reset for 11/30/2015 at 4:00 PM before Judge Walter H. Rice. Please notify Cindy Fugate at 937-512-1501 if you will be participating. (jdf) |
| Filing 184 REPLY to Response to Motion re #178 Second MOTION to Certify Class MOTION to Appoint Counsel (Plaintiffs Reply Memorandum In Support Of Motion For Class Certification And Appointment Of Class Counsel) filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Michele Wilkinson. (Attachments: #1 Exhibit PX18, #2 Exhibit PX19, #3 Exhibit PX20, #4 Exhibit PX21, #5 Exhibit PX22, #6 Exhibit PX23, #7 Exhibit PX24, #8 Exhibit PX25, #9 Exhibit PX26, #10 Exhibit PX27, #11 Exhibit PX28, #12 Exhibit PX29, #13 Exhibit PX30, #14 Exhibit PX31, #15 Exhibit PX32, #16 Exhibit PX33, #17 Exhibit PX34, #18 Exhibit PX35, #19 Exhibit PX36) (Leathem, William) |
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NOTATION ORDER approving - re #183 Notice (Other) filed by Shalonda Egler, Doug Stauter, Della Aydelott, Michele Wilkinson. Signed by Judge Walter H. Rice on 10/8/2015. (jdf)
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| Filing 183 NOTICE by Plaintiffs Della Aydelott, Shalonda Egler, Doug Stauter, Michele Wilkinson Notice of Withdrawal of Counsel (Cook, David) |
| Filing 182 RESPONSE in Opposition re #178 Second MOTION to Certify Class MOTION to Appoint Counsel filed by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit A - Crutcher Dec., #2 Exhibit B - Wilkinson Dep. (Excerpts), #3 Exhibit C - Egler Dep. (Excerpts), #4 Exhibit D - Aydelott Dep. (Excerpts), #5 Exhibit E - Stauter Dep. (Excerpts), #6 Exhibit F - Wilkinson's Disc. Resp., #7 Exhibit G - Plaintiffs' Disc. Resp.) (Guttman, Daniel) (Additional attachment(s) added on 9/2/2015: #8 Exhibit Complete Copy of Exhibit B, #9 Exhibit Exhibit C Complete Copy, #10 Exhibit Exhibit D Complete Copy) (jdf). |
| NOTICE OF TELEPHONE CONFERENCE : Scheduling Telephone Conference set for 10/22/2015 at 4:30 PM before Judge Walter H Rice. (jdf) |
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NOTATION ORDER sustaining; dates amended accordingly #181 Motion for Extension of Time to File Response/Reply. Signed by Judge Walter H Rice on 8/18/2015. (jdf) Modified on 8/18/2015 to correct text(jdf).
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| Filing 181 Joint MOTION for Extension of Time to File Response/Reply as to #178 Second MOTION to Certify Class MOTION to Appoint Counsel New date requested 8/31/2015. by Defendant Greater Dayton Regional Transit Authority. Responses due by 8/31/2015 (Roberts, Matthew) |
| Filing 180 Response re #179 Notice (Other), by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Michele Wilkinson. (Attachments: #1 Exhibit A) (Leathem, William) |
| Filing 179 NOTICE by Defendant Greater Dayton Regional Transit Authority re Telephone Conference, Set Hearings, #178 Second MOTION to Certify Class MOTION to Appoint Counsel Confirming Schedule for Briefing on Plaintiffs' Motion for Class Certification (Guttman, Daniel) |
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NOTATION ORDER sustaining #177 Motion to Dismiss Voluntarily Dismiss Plaintiff Brian Grays Claims Against Defendant With Prejudice, And To Remove Him As A Putative Class Representative. Signed by Judge Walter H Rice on 6/16/2015. (jdf)
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| Filing 178 Second MOTION to Certify Class ( Responses due by 7/6/2015), MOTION to Appoint Counsel by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Michele Wilkinson. (Attachments: #1 Exhibit PX 1, #2 Exhibit PX 2, #3 Exhibit PX 3, #4 Exhibit PX 4, #5 Exhibit PX 5, #6 Exhibit PX 6, #7 Exhibit PX 7, #8 Exhibit PX 8, #9 Exhibit PX 9, #10 Exhibit PX 10, #11 Exhibit PX 11, #12 Exhibit PX 12, #13 Exhibit PX 13, #14 Exhibit PX 14, #15 Exhibit PX 15, #16 Exhibit PX 16, #17 Exhibit PX 17) (Leathem, William) |
| Filing 177 MOTION to Dismiss - Voluntarily Dismiss Plaintiff Brian Grays Claims Against Defendant With Prejudice, And To Remove Him As A Putative Class Representative by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Michele Wilkinson. Responses due by 6/26/2015 (Leathem, William) |
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NOTATION ORDER by Judge Walter H. Rice sustaining #176 Motion to Dismiss Agreed Motion to Voluntarily Dismiss Plaintiff Alicia Washington's Claims Against Defendant With Prejudice, to Remove her as a Punatitive Class Representative, and to witthdraw defendant's motion docketed at 174 with prejudice by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michelle Wilkinson. (gh)
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ORDER withdrawing #174 Motion to Dismiss for Lack of Prosecution pursuant to th 5/11/2015 notation order sustaining doc #176 . (gh)
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| Filing 176 MOTION to Dismiss Agreed Motion To Voluntarily Dismiss Plaintiff Alicia Washington's Claims Against Defendant With Prejudice, To Remove Her As A Putative Class Representative, And To Withdraw Defendant's Motion Docketed At R. 174 With Prejudice by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. Responses due by 6/1/2015 (Leathem, William) |
| Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 4/27/2015, ( Status Telephone Conference set for 9/21/2015 at 5:00 PM before Judge Walter H Rice.). (Court Reporter Debra Futrell.) (jdf) |
| Filing 174 MOTION to Dismiss for Lack of Prosecution And Remove Plaintiff Alicia Washington As A Putative Class Representative by Defendant Greater Dayton Regional Transit Authority. Responses due by 5/7/2015 (Attachments: #1 Exhibit A - March 11, 2015 Letter, #2 Exhibit B - March 13, 2015 Letter, #3 Exhibit C - March 16, 2015 Letter, #4 Exhibit D - March 17, 2015 Email) (Guttman, Daniel) |
| NOTICE OF TELEPHONE CONFERENCE : Scheduling Telephone Conference reset for 4/27/2015 at 4:15 PM before Judge Walter H Rice. Please notify Cindy Fugate at 937-512-1501 24 hours prior to the telephone conference if you will be participating. (jdf1) |
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ORDER granting #173 the Parties' Joint Motion to Amend Class Discovery Cutoff. The cutoff/deadline for completing class-certification discovery is amended to 4-24-15. Signed by Chief Magistrate Judge Sharon L. Ovington on 4-6-15. (mcm1)
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| Filing 173 Joint MOTION to Amend/Correct #171 Order on Motion to Amend/Correct, Order on Motion to Stay,, Class Discovery Cutoff by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 172 SUPPLEMENTAL ORDER - The Order docketed on January 28, 2015 #170 is hereby supplemented as set forth in this Supplemental Order. Signed by Chief Magistrate Judge Sharon L. Ovington on 3/19/15. (mcm1) |
| NOTICE OF TELEPHONE CONFERENCE : Scheduling Telephone Conference set for 4/13/2015 at 4:00 PM in Courtroom 1 - Dayton before Judge Walter H Rice. Further procedures to be followed subsequent to conclusion of Class Discovery. (jdf1) |
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Filing 171
ORDER granting in part and denying in part #160 Defendant's Motion to Amend/Correct; requiring the parties to complete class-wide discovery by April 10, 2015; denying as moot #165 Plaintiffs' Motion to Stay. Signed by Chief Magistrate Judge Sharon L. Ovington on 2-23-15. (mcm1)
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Filing 170
ORDER: Plaintiffs shall remove the redactions as set forth herein and provide the resulting copies of the documents at issue to Defendants by February 9, 2015; the documents modified pursuant to this Order remain under the terms of the previously entered Protective Order #56 ; and the Clerk is directed to terminate #154 Defendant's Alternative Motion for in Camera Review. Signed by Chief Magistrate Judge Sharon L. Ovington on 1-28-15. (mcm1)
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Filing 169
ORDER: Plaintiffs are ORDERED to serve a copy of their Spreadsheet 167 upon Defendants, and Plaintiffs' Spreadsheet shall remain under seal in the record of this case. Signed by Chief Magistrate Judge Sharon L. Ovington on 1-14-15. (mcm1)
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| Filing 168 REPLY to Response to Motion re #160 MOTION to Amend/Correct Case Schedule filed by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 165 MOTION to Stay Deadline to File Second Amended Motion for Class Certification and Appointment of Class Counsel by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Cook, David) |
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Filing 164
ORDER - On or before January 9, 2015, the respective parties shall file under seal the documents and/or information as directed in this ORDER. Signed by Chief Magistrate Judge Sharon L. Ovington on 12-30-14. (mcm1)
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| Filing 162 RESPONSE to Motion re #160 MOTION to Amend/Correct Case Schedule filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit) (Leathem, William) |
| Filing 161 RESPONSE to Motion re #160 MOTION to Amend/Correct Case Schedule filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit) (Leathem, William) |
| Filing 160 MOTION to Amend/Correct Case Schedule by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
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Filing 159
ORDER granting in part and denying in part #154 Defendant's Motion to Compel. Signed by Chief Magistrate Judge Sharon L. Ovington on 12/16/14. (mcm1)
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| Filing 158 REPLY to Response to Motion re #154 MOTION to Compel Plaintiffs to Produce a Revised Log of Redacted and Withheld Documents MOTION for InCamera Review in the Alternative filed by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 157 NOTICE by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Alicia Washington, Michele Wilkinson Regarding Plaintiffs Amended Discovery Responses (Michele Wilkinson) (Leathem, William) |
| Filing 156 RESPONSE to Motion re #154 MOTION to Compel Plaintiffs to Produce a Revised Log of Redacted and Withheld Documents MOTION for InCamera Review in the Alternative filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit PX1, #2 Exhibit PX2) (Leathem, William) |
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Filing 155
ORDER denying as moot #150 Plaintiffs' Motion for Extension of Time. Signed by Chief Magistrate Judge Sharon L. Ovington on 10-20-14. (mcm1)
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NOTATION ORDER sustaining #151 Motion To Remove Rocquel Mitchell As A Named Putative Class Representative. Signed by Judge Walter H Rice on 10/14/2014. (jdf1)
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NOTATION ORDER sustaining #152 Motion To Withdraw From Representation Of Plaintiff/Named Putative Class Representative Rocquel Mitchell re 151 MOTION To Remove Rocquel Mitchell As A Named Putative Class Representative. Signed by Judge Walter H Rice on 10/14/2014. (jdf1)
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| Filing 154 MOTION to Compel Plaintiffs to Produce a Revised Log of Redacted and Withheld Documents, MOTION for InCamera Review in the Alternative by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit A - Plaintiffs' Log of Redacted and Withheld Documents) (Guttman, Daniel) |
| Filing 153 Supplemental Memorandum Supporting re #152 MOTION Of Counsel To Withdraw From Representation Of Plaintiff/Named Putative Class Representative Rocquel Mitchell re #151 MOTION To Remove Rocquel Mitchell As A Named Putative Class Representative , #151 MOTION To Remove Rocquel Mitchell As A Named Putative Class Representative by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 152 MOTION Of Counsel To Withdraw From Representation Of Plaintiff/Named Putative Class Representative Rocquel Mitchell re #151 MOTION To Remove Rocquel Mitchell As A Named Putative Class Representative by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 151 MOTION To Remove Rocquel Mitchell As A Named Putative Class Representative by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 and A through D) (Leathem, William) |
| Filing 150 MOTION for Extension of Time New date requested 11/24/2014. to respond to Defendants (second) individual discovery requests to Plaintiff Michele Wilkinson by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit 1) (Leathem, William) |
| Filing 149 NOTICE by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson of Withdrawal of Counsel Tiffany R. Reeves (Leathem, William) |
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Filing 148
ORDER AMENDING SCHEDULING ORDER - On June 18, 2014, the Court set forth a number of amendments to the scheduling Order in this matter. (Doc. #147 , PageID# 3185-86). Upon further reflection, and it appearing that more time should be provided between certain deadlines previously set, the Court hereby ORDERS the previously issued scheduling Order (Doc. #147 ) AMENDED as follows: Deadline for Completing Class-Wide Discovery: December 23, 2014 Deadline for Plaintiffs to file a Second Amended Motion for Class Certification and Appointment of Class Counsel: January 6, 2015, All other dates remain unchanged. Signed by Magistrate Judge Sharon L Ovington on 06/27/14. (pb1)
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Filing 147
ORDER AND AMENDED SCHEDULING ORDER re #144 IT IS THEREFORE ORDERED THAT: 1. Plaintiffs Motion for Extension of Time to Respond to Defendants Discovery Requests (Doc. #144 ) is GRANTED; and 2. The prior scheduling Order is AMENDED as follows: Deadline for Plaintiffs to respond to Defendant's discovery requests as ordered by the undersigned on January 6, 2014 (Doc. #120 ) and as modified (in part) by Order of Judge Rice on May 9, 2014 (Doc. #142 ): September 19, 2014 Deadline for Defendant to file a Motion, if any, concerning Plaintiffs discovery responses and possible need for an additional in camera inspection: October 13, 2014, Plaintiffs responsive Memorandum: November 6, 2014. Defendants Reply: November 24, 2014, Deadline for Completing Class-Wide Discovery: December 5, 2014, Deadline for Plaintiffs to file a Second Amended Motion for Class Certification and Appointment of Class Counsel: December 19, 2014. Signed by Magistrate Judge Sharon L Ovington on 06/18/14. (pb1)
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| Filing 146 REPLY to Response to Motion re #144 MOTION for Extension of Time New date requested 9/19/2014. to Respond to Defendants Discovery Requests filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 145 RESPONSE in Opposition re #144 MOTION for Extension of Time New date requested 9/19/2014. to Respond to Defendants Discovery Requests filed by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit A - Jan. 29, 2013 Email from Mr. Leathem) (Guttman, Daniel) |
| Filing 144 MOTION for Extension of Time New date requested 9/19/2014. to Respond to Defendants Discovery Requests by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Text of Proposed Order) (Leathem, William) |
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Filing 143
ORDER - The Court hereby instructs the parties to proceed as follows: 1. Deadline for Plaintiff's to respond to Defendant's discovery requests as ordered by the undersigned on January 6, 2014 (Doc. #120 ) and as modified (in part) by Order of Judge Rice on May 9, 2014 (Doc. #142 ): June 20, 2014.2. Deadline for Defendant to file a Motion, if any, concerning Plaintiffs' discovery responses and possible need for an additional in camera inspection: July 14, 2014. 3. Plaintiffs responsive Memorandum: August 7, 2014.4. Defendants Reply: August 25, 2014. 5. Deadline for Completing Class-Wide Discovery: September 29, 2014. 6. Deadline for Plaintiffs to file a Second Amended Motion for Class Certification and Appointment of Class Counsel: October 13, 2014. Motions terminated: #130 . Signed by Magistrate Judge Sharon L Ovington on 05/14/14. (pb1)
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Filing 142
DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING INPART PLAINTIFFS' OBJECTIONS TO UNITED STATES MAGISTRATEJUDGE'S JANUARY 6, 2014, ORDER (DOC. #126 ). Signed by Judge Walter H Rice on 05/09/14. (pb1)
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| Filing 141 Response re #138 Supplemental - Opposing (Opposition To Defendants Sur-Reply) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
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NOTATION ORDER sustaining #140 Motion for Leave to File. Signed by Judge Walter H Rice on 4/11/2014. (jdf1)
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| Filing 140 MOTION for Leave to File Opposition to Defendant's Sur-Reply by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
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NOTATION ORDER sustaining #139 Motion for Leave to Appear Pro Hac Vice of Samuel E. Endicott. Signed by Judge Walter H Rice on 3/11cv247. (jdf1)
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| Filing 139 MOTION for Leave to Appear Pro Hac Vice of Samuel E. Endicott (Filing fee $ 200, receipt number 0648-4502484) by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Attachments: #1 Exhibit Certificate of Good Standing for Samuel Endicott, #2 Text of Proposed Order Proposed Order Granding Motion for Admission Pro Hac Vice) (Guttman, Daniel) |
| Filing 138 DEFENDANT'S SUR-REPLY IN OPPOSITION TO PLAINTIFFS' OBJECTIONS #126 Objection to Magistrate Judge Order #120 filed by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (jdf1) |
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NOTATION ORDER sustaining #137 Motion for Leave to File. Signed by Judge Walter H Rice on 3/25/2014. (jdf1)
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| Filing 137 MOTION for Leave to File Sur-Reply Instanter in Opposition to Plaintiffs' Objections by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit A - Sur-Reply in Opposition to Plaintiffs' Objections) (Guttman, Daniel) |
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Filing 136
ORDER that, upon in camera review of certain documents submitted by Defendant Greater Dayton Regional Transit Authority, Plaintiffs are not entitled to an Order compelling production of those documents. Signed by Chief Magistrate Judge Sharon L Ovington on 3/11/2014. (mm1)
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| Filing 135 Reply re #126 Objection to Magistrate Judge Orderre #120 Order by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit PX 11, #2 Exhibit PX 12) (Leathem, William) |
| NOTICE: The Court received Documents for In Camera Review on 1/23/14 and are being held in chambers. (rp1) |
| Filing 134 Response re #124 Brief (Plaintiffs Response To Defendants Bench Memorandum Regarding Documents Submitted For In Camera Review) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 133 DECISION AND ENTRY OVERRULING PLAINTIFF'S AMENDED MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL (DOC. #95 ) AS MOOT, SUBJECT TO RENEWAL IN ITS PRESENT, AMENDED OR ALTERED FORM, AT THE CONCLUSION OF CLASS DISCOVERY; REQUEST OF UNITED STATES MAGISTRATE JUDGE; AMENDED CASE MANAGEMENT PLAN TO BE FILED ON OCCURRENCE OF SPECIFIC EVENT. Signed by Judge Walter H Rice on 03/03/14. (pb1) |
| Filing 132 Response re #126 Objection to Magistrate Judge Orderre #120 Order by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
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Filing 131
ORDER denying #125 Plaintiffs' Motion to Strike Defendant's Bench Memorandum Regarding Documents submitted for In Camera Review. On or before March 5, 2014, Plaintiffs may file a Memorandum responding to the assertions raised in Defendant's Bench Memorandum #124 . Signed by Magistrate Judge Sharon L Ovington on 2-12-14. (mm1)
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| Filing 130 MOTION to Strike #129 Supplemental - Supporting (non motion) --Bench Memorandum of Defendant Regarding Proposed Case Schedule by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 129 Bench Memorandum Supporting #128 Rule 26(f) Proposed Case Schedule by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) Modified text for clarity on 2/12/2014 (tt). |
| Filing 128 RULE 26(f) REPORT by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 127 RULE 26(f) REPORT (Amended) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 126 Objection to Magistrate Judge Orderre #120 Order by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit List, #2 Exhibit PX 1 A-E, #3 Exhibit PX 2, #4 Exhibit PX 3, #5 Exhibit PX 4, #6 Exhibit PX 5, #7 Exhibit PX 6, #8 Exhibit PX 7, #9 Exhibit PX 8, #10 Exhibit PX 9, #11 Exhibit PX 10) (Leathem, William) |
| Filing 125 MOTION to Strike #124 Brief (BENCH MEMORANDUM REGARDING DOCUMENTS SUBMITTED FOR IN CAMERA REVIEW) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) Modified text for clarity on 1/24/2014 (tt). |
| Filing 124 BRIEF re #114 Order (BENCH MEMORANDUM REGARDING DOCUMENTS SUBMITTED FOR IN CAMERA REVIEW) by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) Modified text for clarity on 1/24/2014 (tt). |
| Minute Entry for Telephone Conference held on 1/23/2014. Parties to file an Amended Rule 26f Report by close of business on 2/10/2014. ( Scheduling Telephone Conference set for 2/18/2014 at 5:00 PM before Judge Walter H Rice.) (jdf1) Modified on 1/23/2014 to correct text(jdf1). |
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Filing 123
ORDER (1) granting in part and denying in part #118 Plaintiffs' Motion to Clairfy; (2) vacating, in part, the Court's notation order of December 17, 2013 to the extent it granted Defendant leave to submit a Confidential Memorandum; (3) denying #116 Defendants Request for Leave to File Confidential Memorandum. Signed by Magistrate Judge Sharon L Ovington on 1/21/14. (mm1)
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ORDER granting #122 Plaintiffs' Motion for Extension of Time to File Objections to the Order docketed on January 6, 2014 #120 ; Plaintiffs shall file their Objections, if any, by February 6, 2014. Signed by Chief Magistrate Judge Sharon L Ovington on 1/24/14. (mm1)
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| Filing 122 MOTION for Extension of Time to File New date requested 2/6/2014. by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 121 MOTION for Extension of Time New date requested 1/23/2014. To Submit Documents For In Camera Inspection by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| NOTATION ORDER granting #121 Defendant's Motion for Extension of Time. Defendant shall submit its memorandum and documents for in camera inspection by January 23, 2014. Nothing in this Order is intended as a comment or ruling on Plaintiffs' Motion to Clarify #118 , which remains pending. Signed by Chief Magistrate Judge Sharon L Ovington on 1/14/14. (mm1) Modified text on 1/15/2014 (rp1). |
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Filing 120
ORDER that the parties shall conduct further discovery as set forth herein. Signed by Chief Magistrate Judge Sharon L Ovington on 1/6/14. (mm1)
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| NOTICE OF TELEPHONE CONFERENCE: Scheduling Telephone Conference set for 1/23/2014 at 4:30 PM before Judge Walter H Rice. Please notify Cindy Fugate at 937-512-1501 if you will be participating. (jdf1) |
| Filing 119 NOTICE by Defendant Greater Dayton Regional Transit Authority of Withdrawal of Counsel (Guttman, Daniel) |
| Filing 118 MOTION to Clarify Order on Motion for Extension of Time to File, by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| NOTATION ORDER granting #116 Defendant Greater Dayton Regional Transit Authority's Motion For Extension Of Time To File Confidential Memorandum Regarding Documents Being Produced For In Camera Review. Defendant shall file its confidential memorandum by January 16, 2014. Signed by Chief Magistrate Judge Sharon L Ovington on 12/17/13. (mm1) |
| Filing 117 RESPONSE in Opposition re #116 MOTION for Extension of Time to File New date requested 1/16/2013. Confidential Memorandum And Documents For In Camera Review filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 116 MOTION for Extension of Time to File New date requested 1/16/2013. Confidential Memorandum And Documents For In Camera Review by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 115 DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS {DOC. #112 ); OVERRULING PLAINTIFFS' MOTION TO DISMISS PLAINTIFFS BRIAN GRAY AND ROCQUEL MITCHELL AS NAMED PLAINTIFFS/PUTATIVE CLASS REPRESENTATIVES (DOC. #92 ), AND DEFENDANTS' REQUEST FOR ATTORNEY FEES AND COSTS. Signed by Judge Walter H Rice on 12/9/13. (pb1) |
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Filing 114
ORDER that on or before December 18, 2013, Defendant Greater Dayton Regional Transit Authority shall produce to the Court for in camera inspection, without filing with the Clerk of Courts, the approximately 268 documents identified in its privilege log that remain in dispute. Signed by Magistrate Judge Sharon L Ovington on 12-3-13. (mm1)
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| Filing 113 Minute Entry for proceedings held before Chief Magistrate Judge Sharon L Ovington: Discovery Hearing held on 11/25/2013; argument held; the Court takes the matter under advisement; a written decision will follow; the 12/5/13 teleconference is cancelled. (Court Reporter Debra Futrell.) (Attachments: #1 Minute Sheet) (rp1) |
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ORDER cancelling #103 telephone conference presently set on 12/5/13 with Chief Magistrate Judge Ovington. Signed by Chief Magistrate Judge Sharon L Ovington on 11/25/13. (mm1)
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| Filing 112 REPORT AND RECOMMENDATIONS that #92 Plaintiffs' MOTION to Dismiss Plaintiffs Brian Gray and Rocquel Mitchell as Named Plaintiffs/Putative Class Representatives be DENIED, and Defendant's request for attorney fees be DENIED. Objections to R&R due by 12/6/2013. Signed by Magistrate Judge Sharon L Ovington on 11-19-13. (mm1) |
| Filing 111 PRE-HEARING BRIEF on Pending Discovery Disputes pursuant to #106 Order by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit A - Wilkinson Responses and Objections, #2 Exhibit B - Aydelott Responses and Objections, #3 Exhibit C - Egler Responses and Objections, #4 Exhibit D - Stauter Responses and Objections, #5 Exhibit E - Washington Responses and Objections, #6 Exhibit F - Aug. 15 Roberts Letter, #7 Exhibit G - Oct. 30 Leathem Letter, #8 Exhibit H - Plaintiffs' Collective Responses and Objections, #9 Exhibit I - ESI Privilege Log, #10 Exhibit J - Aug. 2 Leathem Letter, #11 Exhibit K - Aug. 28 Leathem Letter, #12 Exhibit L - Sept. 9 Guttman Letter, #13 Exhibit M - Nov. 4 Leathem Letter, #14 Exhibit N - Response to Plaintiffs' Third Request for Production, #15 Exhibit O - Oct. 7 Leathem Letter, #16 Exhibit P - Oct. 30 Roberts Letter) (Guttman, Daniel) Modified text on 11/18/2013 (tt). |
| Filing 110 BRIEF Supporting Requested Discovery Relief pursuant to #106 Order by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit Exhibit List to Memorandum in Support, #2 Exhibit 1 - A to E, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16 - Part 1, #18 Exhibit 16 - Part 2) (Leathem, William) Modified text on 11/18/2013 (tt). |
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Filing 109
ORDER denying #107 Plaintiffs' Motion for Leave to File Excess Pages. Signed by Magistrate Judge Sharon L Ovington on 10/29/13. (mm1)
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| Filing 108 RESPONSE in Opposition re #107 MOTION for Leave to File Excess Pages filed by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 107 MOTION for Leave to File Excess Pages by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
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Filing 106
ORDER that 1) The telephone conference presently set on October 25, 2013 at 1:30 PM, EST, is CANCELLED; 2) The prior Scheduling Order (Doc. #103) is AMENDED in two respects: (i) the telephone conference set on November 25, 2013 at 3:00 PM, EST is CANCELLED and (ii) the parties' remaining discovery disputes are set for oral argument at an in-court hearing on the record on November 25, 2013 at 9:30 AM, EST, in Courtroom No. 5, Federal Building and Courthouse, 200 West Second Street, Dayton, Ohio 45402; and 3) On or before November 15, 2013, counsel for Plaintiffs' and Defendant shall each file a Memorandum setting forth, from the parties' respective viewpoints (i) a description of the presently remaining discovery dispute(s); and (ii) an explanation of why the Court should grant or deny the requested relief. The parties are reminded of S.D. Ohio Civ. R. 7.2, which states, in part, "Limitation Upon Length Of Memorandum. Memorandum in support of or opposition to any motion or application to the Court should not exceed twenty (20) pages...." (emphasis in original). Signed by Magistrate Judge Sharon L Ovington on 10/18/13. (mm1)
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| Filing 105 NOTICE of Appearance by Scott J Bent for Defendant Greater Dayton Regional Transit Authority (Bent, Scott) |
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NOTATION ORDER sustaining #104 Motion to Amend/Correct. Signed by Judge Walter H Rice on 8/29/2013. (jdf1)
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| Filing 104 MOTION to Amend/Correct #95 MOTION to Certify Class by Interlineation by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit A- Guttman Email) (Bushorn, Claire) |
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Filing 103
SCHEDULING ORDER: Pursuant to the telephone conference held on August 27, 2013, the Court hereby ORDERS the following: Deadline for Defendants to provide Insurance Policy, 9/10/13; Deadline for Plaintiffs to provide requested discovery,10/30/13; Deadline for Defendants to provide requested discovery, 10/30/13; Telephone conference between the parties, 11/25/13 @ 3:00 p.m., EST; Telephone conference with Judge Ovington 12/5/13 @ 1:30 p.m., EST. Signed by Chief Magistrate Judge Sharon L Ovington on 8/27/2013. (rms)
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| Minute Entry for proceedings held before Chief Magistrate Judge Sharon L Ovington: Discovery Teleconference held on 8/27/2013. (rp1) |
| NOTICE OF TELECONFERENCE: Discovery Teleconference set for 8/27/2013 at 2:30 PM before Chief Magistrate Judge Sharon L Ovington. PLEASE CALL 1-888-684-8852 and follow the instructions on the automated system. The Access Code is 6641708. Please use Security Code 082713. If you have any questions, please call Rose Plummer at 937-512-1570 prior to the teleconference. (rp1) |
| Minute Entry for Telephone Conference held on 8/22/2013. (jdf1) |
| Filing 102 NOTICE of Appearance by Clement Tsao for Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson (Tsao, Clement) |
| Filing 101 RULE 26(f) REPORT (AMENDED RULE 26(f) REPORT OF PARTIES) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
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NOTATION ORDER sustaining #100 Motion to Continue. Signed by Judge Walter H Rice on 7/26/2013. (jdf1)
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| NOTICE OF TELEPHONE CONFERENCE: Scheduling Telephone Conference reset for 8/22/2013 at 4:45 PM before Judge Walter H Rice. (jdf1) |
| Filing 100 MOTION to Continue Scheduling Conference by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 99 REPLY to Response to Motion re #92 MOTION to Dismiss Plaintiffs Brian Gray and Rocquel Mitchell as Named Plaintiffs/Putative Class Representatives filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit 1 through 7) (Leathem, William) |
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NOTATION ORDER sustaining #98 Motion to Stay. Signed by Judge Walter H Rice on 7/22/2013. (jdf1)
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| NOTICE OF TELEPHONE CONFERENCE: Scheduling Telephone Conference set for 8/5/2013 at 4:30 PM before Judge Walter H Rice. Prior to the Telephone conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed. R. Civ. P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed. R. Civ. P. 26(f). NOTE...the format for the Rule 26(f) conference between counsel and the Report to the court has been altered. This new form is available on line and MUST be utilized in this case. The Report must be filed 7 DAYS PRIOR TO THE CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court's docket, please notify the Courtroom Deputy, Cindy Fugate, at 937-512-1501, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. If you wish a number other than your office number called, please advise 24 hours preceding the conference. (jdf1) |
| Filing 98 MOTION to Stay re #95 MOTION to Certify Class Until Response Date Is Established in Case Management Order by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
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Filing 97
DECISION AND ENTRY OVERRULING PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S DECISION, ENTRY, AND ORDER (DOC. #89 ). Signed by Judge Walter H Rice on 7/11/2013. (kf)
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| Filing 96 RESPONSE to Motion re #92 MOTION to Dismiss Plaintiffs Brian Gray and Rocquel Mitchell as Named Plaintiffs/Putative Class Representatives filed by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit A - Mar. 12 Leathem Email, #2 Exhibit B - Mar. 25 Leathem Email, #3 Exhibit C - Apr. 8 Reeves Email) (Guttman, Daniel) |
| Filing 95 PLAINTIFFS' AMENDED MOTION AND MEMORANDUM OF LAW FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. Responses due by 7/22/2013 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (jdf1) |
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NOTATION ORDER striking; Amended Motion filed to remedy the accidental misidentification of Exhibits #93 Motion to Certify Class. Signed by Judge Walter H Rice on 6/27/2013. (jdf1)
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NOTATION ORDER sustaining #94 Motion for Leave to File. Signed by Judge Walter H Rice on 6/24/2013. (jdf1)
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| Filing 94 MOTION for Leave to File Instanter Motion For Class Certification and Substitute Exhibits by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Motion and Memo For Class Certification, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (Bushorn, Claire) |
| Filing 93 STRICKEN PURSUANT TO NOTATION ORDER DATED 6/24/2013 MOTION to Certify Class by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. Responses due by 7/22/2013 (Attachments: #1 Memo in support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit I, #10 Exhibit J) (Bushorn, Claire) Modified on 6/27/2013 (jdf1). |
| Filing 92 MOTION to Dismiss Plaintiffs Brian Gray and Rocquel Mitchell as Named Plaintiffs/Putative Class Representatives by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. Responses due by 7/8/2013 (Leathem, William) |
| Filing 91 REPLY to Response to Motion re #89 Objection to Magistrate Judge Orderre #86 Order on Motion for Miscellaneous Relief filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 90 RESPONSE in Opposition re #89 Objection to Magistrate Judge Orderre #86 Order on Motion for Miscellaneous Relief filed by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 89 Objection to Magistrate Judge Orderre #86 Order on Motion for Miscellaneous Relief by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
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Filing 88
ORDER - IT IS HEREBY ORDERED that Plaintiffs are granted two additional weeks, up to and including April 30, 2013, to respond to the discovery request regarding Plaintiffs Gray and Mitchell. Signed by Magistrate Judge Sharon L Ovington on 4/17/2013. (kf)
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| Minute Entry for proceedings held before Magistrate Judge Sharon L Ovington: Discovery Teleconference held on 4/16/2013. (rp1) |
| Filing 87 RULE 26(f) REPORT (Joint Amended) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson, Defendant Greater Dayton Regional Transit Authority. (Roberts, Matthew) |
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Filing 86
ORDER - IT IS THEREFORE ORDERED THAT: Plaintiffs Motion To Modify Protective Order (Doc. #81 ) is DENIED. Signed by Magistrate Judge Sharon L Ovington on 4/8/2013. (kf)
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NOTATION ORDER finding as moot #68 Motion for Extension of Time to Complete Discovery. Signed by Judge Walter H Rice on 3/13/2013. (jdf1)
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| Filing 85 ENTRY JOURNALIZING RESULTS OF TELEPHONE CONFERENCE HELD BETWEEN COURT AND COUNSEL ON MARCH 7, 2013; FURTHER PROCEDURES REQUESTED OF COUNSEL; PENDINGMOTION FOR CLASS CERTIFICATION (DOC. #23 ) OVERRULED WITHOUT PREJUDICE TO RENEWAL OR AMENDMENT, AT THE CLOSE OF DISCOVERY ON THE CLASS CERTIFICATION ISSUES; CONFERENCE CALL TO BE CONVENED AFTER SAID FURTHER PROCEDURES ARE COMPLETED. Signed by Judge Walter H Rice on 3/7/2013. (kf) |
| Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 3/7/2013. (Court Reporter Debra Futrell.) (jdf1) |
| Filing 84 REPLY to Response to Motion re #81 MOTION To Modify Protective Order re #56 Protective Order filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Cook, David) |
| Filing 83 Transcript of Proceedings (Conference Call Oral Argument on Plaintiffs' Motion for TRO) held on 9/6/2012, before Judge Walter H. Rice. Court Reporter/Transcriber Debra Futrell, Telephone number 937-512-1511. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 3/26/2013. Redacted Transcript Deadline set for 4/5/2013. Release of Transcript Restriction set for 6/3/2013. (kf) Modified on 6/4/2013 to indicate the type of proceeding that was held (cib1). |
| Filing 82 RESPONSE in Opposition re #81 MOTION To Modify Protective Order re #56 Protective Order filed by Defendant Greater Dayton Regional Transit Authority. (Guttman, Daniel) |
| Filing 81 MOTION To Modify Protective Order re #56 Protective Order by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, 1B, 1C, 1D, #3 Exhibit 2) (Leathem, William) |
| Minute Entry for proceedings held before Magistrate Judge Sharon L Ovington: Telephone Conference held on 1/18/2013. (pb1) |
| Filing 80 ANSWER to #79 Amended Complaint (Second) filed by Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit A - Collective Bargaining Agreement, #2 Exhibit B - FMLA Policy, #3 Exhibit C - Former FMLA Policy, #4 Exhibit D - Absence Control Policy) (Guttman, Daniel) |
| Filing 79 AMENDED COMPLAINT against Greater Dayton Regional Transit Authority, filed by Alicia Washington, Doug Stauter, Shalonda Egler, Brian Gray, Della Aydelott, Rocquel Mitchell, Michele Wilkinson. (Reeves, Tiffany) |
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Filing 78
DECISION AND ENTRY - It is hereby ORDERED that: 1. The Report and Recommendations filed on November 21, 2012 (Doc. #75 ) is ADOPTED in full;2. Defendants' Motion for Judgment on the Pleadings (Doc. #24 ) is GRANTED,in part, and Plaintiffs' FMLA claims against Defendant McEntarfer are DISMISSED; 3. Defendants' Motion for Judgment on the Pleadings (Doc. #24 ) is otherwise DENIED; and 4. Plaintiffs' Motion for Leave to File Second Amended Complaint (Doc. #51 ) is GRANTED, and Plaintiffs are directed to file their Second Amended Complaint within ten days of this Decision and Entry.Signed by Judge Walter H Rice on 12/11/2012. (kf)
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NOTATION ORDER stricking without prejudice to refiling after the Report and Recommendations has been ruled on re #76 Amended Complaint filed by Shalonda Egler, Brian Gray, Doug Stauter, Alicia Washington, Rocquel Mitchell, Della Aydelott, Michele Wilkinson. Signed by Judge Walter H Rice on 12/6/2012. (jdf1)
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NOTATION ORDER finding as moot; Magistrate Judge Sharon L. Ovington has ruled on Motion to Compel at Doc #53 #49 Motion for Reconsideration. Signed by Judge Walter H Rice on 12/6/2012. (jdf1)
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| Filing 77 NOTICE of Appearance by Bret David Kravitz for Defendant Greater Dayton Regional Transit Authority (Kravitz, Bret) |
| Filing 76 STRICKEN per Notation Order dated 12/6/12 AMENDED COMPLAINT against Greater Dayton Regional Transit Authority, filed by Alicia Washington, Doug Stauter, Shalonda Egler, Brian Gray, Della Aydelott, Rocquel Mitchell, Michele Wilkinson. (Reeves, Tiffany) Modified on 12/6/2012 (jdf1). |
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Filing 75
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT:1. Defendants' Motion for Judgment on the Pleadings (Doc. #24 ) be GRANTED, in part, and Plaintiffs' FMLA claims against Defendant McEntarfer be DISMISSED. 2. Defendants' Motion for Judgment on the Pleadings (Doc. #24 ) be otherwise DENIED. 3. Plaintiffs Motion for Leave to File Second Amended Complaint (Doc. #51 ) be GRANTED, and Plaintiffs be directed to file Second Amended Complaint within ten days of an Order adopting this recommendation. Objections to R&R due by 12/10/2012. Signed by Magistrate Judge Sharon L Ovington on 11/21/12. (kje1)
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| Filing 74 Proposed Pretrial Order (Proposed Changes To Amended Initial Preliminary Pretrial Conference Order) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson, Defendant Jean McEntarfer. (Leathem, William) |
| Filing 73 Proposed Pretrial Order by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Guttman, Daniel) |
| Minute Entry for proceedings held before Magistrate Judge Sharon L Ovington: Telephone Conference held on 10/26/2012. (kje1) |
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Filing 72
DECISION, ENTRY, AND ORDER -IT IS THEREFORE ORDERED THAT: 1. Plaintiffs' Motion To Compel Production Of Documents And For In Camera Review (Doc. #57 ) is DENIED. 2. Defendants' Motion For Leave To File Sur-Reply (Doc. #71 ) is DENIED as moot. Signed by Magistrate Judge Sharon L Ovington on 10/19/12. (kje1)
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| Filing 71 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Reply Instanter by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Attachments: #1 Exhibit DEFENDANTS SUR-REPLY IN OPPOSITION TO PLAINTIFFS REPLY IN SUPPORT OF MOTION TO COMPEL) (Guttman, Daniel) |
| Minute Entry for proceedings held before Magistrate Judge Sharon L Ovington: Telephone Conference held on 10/16/2012; Telephone Status Conference set for 10/26/12 @ 1:30 p.m. before Magistrate Judge Sharon L. Ovington. (rp1) |
| Filing 70 REPLY to Response to Motion re #57 MOTION to Compel Production of Withheld Documents and for In Camera Review filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 69 NOTICE of Change of Address by William W Leathem (Leathem, William) |
| NOTICE OF TELEPHONE CONFERENCE:Telephone Conference set for 10/16/2012 at 3:30 PM before Judge Walter H Rice. Cousel please notify Cindy Fugate at 937-512-1501 if you will be participating. (jdf1) |
| Filing 68 MOTION for Extension of Time to Complete Discovery New date requested 5/14/2013. And For Case Management Conference by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 67 RESPONSE in Opposition re #57 MOTION to Compel Production of Withheld Documents and for In Camera Review filed by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Attachments: #1 Exhibit A - Plaintiffs' Privilege Log, #2 Exhibit B - Defendants' Revised Privilege Log) (Guttman, Daniel) |
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ORDER granting, for good cause shown, #66 Defendants' Motion for Leave to File a Response in Opposition to Plaintiffs' Motion to Compel Production of Withheld Documents Not Exceeding 30 Pages. Signed by Magistrate Judge Sharon L Ovington on 9/21/12. (slo1)
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| Filing 66 MOTION for Leave to File A Response in Opposition to Plaintiffs' Motion to Compel Production of Withheld Documents Not Exceeding 30 Pages by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Roberts, Matthew) |
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Filing 65
DECISION AND ENTRY OVERRULING PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER re #60 . Signed by Judge Walter H Rice on 9/11/12. (kje1)
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| Filing 64 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson re #60 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Leathem, William) |
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NOTATION ORDER approving re #64 Notice of Withdrawal of Document, filed by Rob Phillips, Alicia Washington, Michele Wilkinson, Shalonda Egler, Brian Gray, Doug Stauter, Della Aydelott, Rocquel Mitchell. Signed by Judge Walter H Rice on 9/10/2012. (jdf1)
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| Filing 63 NOTICE by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer of Withdrawal of Counsel (Guttman, Daniel) |
| Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 9/6/2012. Telephone Conference set for 9/10/2012 at 4:45 PM before Judge Walter H Rice.(Court Reporter Debra Futrell.) (kje1) |
| Filing 62 BRIEF re #60 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Guttman, Daniel) |
| Filing 61 Joint MOTION for Extension of Time to File Response/Reply as to #57 MOTION to Compel Production of Withheld Documents and for In Camera Review New date requested 9/21/2012. by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson, Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Roberts, Matthew) |
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NOTATION ORDER granting #61 Joint Motion for Extension of Time to File Response to #57 Plaintiff's Motion to Compel Production of Withheld Documents until 9/21/2012. Plaintiffs' Reply to Defendants' Response due by 10/12/2012. Signed by Magistrate Judge Sharon L Ovington on 9/4/2012. (rms)
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| Minute Entry for proceedings held before Judge Walter H Rice: Scheduling Conference held on 8/30/2012, ( Telephone Conference set for 9/6/2012 at 1:30 PM before Judge Walter H Rice.). (Court Reporter Debra Futrell.) (jdf1) |
| NOTICE OF TELEPHONE CONFERENCE: Telephone Conference set for 8/30/2012 at 9:45 AM before Judge Walter H Rice. (jdf1) |
| Filing 60 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit Memorandum in Support of TRO and Preliminary Injunction, #2 Exhibit Declaration- Rocquel Mitchell, #3 Exhibit Declaration- Brian Gray, #4 Exhibit Exhibits) (Reeves, Tiffany) |
| Filing 59 NOTICE by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer of Withdrawal of Melissa D. Palmisciano as Counsel of Record for Defendants (Palmisciano, Melissa) |
| Filing 58 BRIEF re #57 MOTION to Compel Production of Withheld Documents and for In Camera Review by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit 1, 1A, 1B, 1C, 2, and 3) (Leathem, William) |
| Filing 57 MOTION to Compel Production of Withheld Documents and for In Camera Review by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
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Filing 56
PROTECTIVE ORDER. Signed by Magistrate Judge Sharon L Ovington on 8/14/12. (cib1)
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Filing 55
DECISION, ENTRY, AND ORDER - IT IS THEREFORE ORDERED THAT: Defendants' Motion for Protective Order (Doc. #45 ) is GRANTED in part and DENIED in part as provided herein. Signed by Magistrate Judge Sharon L Ovington on 8/14/12. (cib1)
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Filing 54
DECISION, ENTRY, AND ORDER - IT IS THEREFORE ORDERED THAT: 1. Plaintiffs' Rule 36 Motion to Determine Sufficiency of Certain Responses, and to Deem the Requests Admitted (Doc. #29 ) is GRANTED, in part, to the extent that Defendants shall, on or before August 31, 2012, provide Plaintiffs with an amended answer to Plaintiffs' Request for Admission 16; and 2. Plaintiffs' Rule 36 Motion to Determine Sufficiency of Certain Responses,and to Deem the Requests Admitted (Doc. #29 ) is DENIED in all remaining parts. Signed by Magistrate Judge Sharon L Ovington on 8/14/12. (cib1)
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Filing 53
DECISION, ENTRY, AND ORDER - IT IS THEREFORE ORDERED THAT: 1. Plaintiffs' Motion to Compel Discovery With the Imposition of Waiver and Memorandum in Support (Doc. #27 ) is GRANTED, in part, as set forth herein; on or before August 31, 2012. Defendants shall submit to Plaintiffs their supplemental discovery responses required by this Decision, Entry, and Order; and 2. Plaintiffs' Motion to Compel Discovery With the Imposition of Waiver and Memorandum in Support (Doc. #27 ) is otherwise DENIED. Signed by Magistrate Judge Sharon L Ovington on 8/14/12. (cib1)
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| Filing 52 REPLY to Response to Motion re #45 MOTION for Protective Order and Memorandum in Support filed by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Attachments: #1 Exhibit A - Email from Leathem to Whitcomb of 6/8/12, #2 Exhibit B - Email from Whitcomb to Leathem of 6/8/12) (Guttman, Daniel) |
| Filing 51 First MOTION for Leave to File Second Amended Complaint by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit A- Second Amended Complaint, #2 Exhibit B- Proposed Order) (Reeves, Tiffany) |
| Filing 50 RESPONSE in Opposition re #45 MOTION for Protective Order and Memorandum in Support filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit 1, 1A, 1B, 1C, 2) (Leathem, William) |
| Filing 49 MOTION for Reconsideration re Order on Motion for Leave to File Sur-Reply by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Text of Proposed Order) (Cook, David) |
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NOTATION ORDER sustaining #46 Motion to Amend/Correct. Signed by Judge Walter H Rice on 7/3/2012. (jdf1)
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NOTATION ORDER sustaining #48 Motion for Leave to File. Signed by Judge Walter H Rice on 7/3/2012. (jdf1)
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| NOTATION ORDER granting #47 Motion for Extension of Time to File Response/Reply due to the parties' extensive and ongoing discovery disputes that will not be resolved until after Defendants' Motion for Protective Order becomes ripe and is resolved. The Court will schedule a case management conference concerning new response and reply deadlines related to Plaintiffs' motion for class certification. (rp1) |
| Filing 48 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion to Compel Instanter by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Attachments: #1 Exhibit 1 - Sur-Reply in Opposition to Plaintiffs' Motion to Compel, #2 Exhibit A - Whitcomb Declaration, #3 Exhibit B - 6/20/12 Letter, #4 Exhibit C - Plaintiffs' Responses and Objections to Defendants' Discovery Requests) (Guttman, Daniel) |
| Filing 47 MOTION for Extension of Time to File Response/Reply New date requested 10/5/2012. and Motion for Case Management Conference by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Attachments: #1 Exhibit A - Email Reflecting Agreed Extension) (Guttman, Daniel) |
| Filing 46 MOTION to Amend/Correct #43 Reply Brief - Petitioner, To Correct Instanter By Interlineation by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
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NOTATION ORDER granting #41 Plaintiffs' Motion for Extension of Time to Complete Discovery. Plaintiffs shall respond -- on or before June 22, 2012 -- to Defendants' discovery requests concerning Plaintiff Rob Phillips. Signed by Magistrate Judge Sharon L Ovington on 6/19/12. (slo1)
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| Filing 45 MOTION for Protective Order and Memorandum in Support by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Attachments: #1 Exhibit A - Proposed Protective Order, #2 Exhibit B - Plaintiffs' May 25, 2012 Letter, #3 Exhibit C - Plaintiffs' May 31, 2012 Email, #4 Exhibit D - Defendants' June 4, 2012 Email and Draft Protective Order, #5 Exhibit E - Plaintiffs' June 6, 2012 Email and Draft Protective Order) (Guttman, Daniel) |
| Filing 44 Petitioner's REPLY BRIEF by Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson IN SUPPORT OF #29 MOTION TO DETERMINE THE SUFFICIENCY OF CERTAIN RESPONSES AND TO DEEM THE REQUESTS ADMITTED. (Leathem, William) Modified on 6/20/2012 to correctly link document (cib1). |
| Filing 43 Petitioner's REPLY BRIEF by Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson IN SUPPORT OF #27 MOTION TO COMPEL DISCOVERY, WITH THE IMPOSITION OF WAIVER. (Attachments: #1 Exhibit PX 8, A, B, C) (Leathem, William) Modified on 6/20/2012 to correctly link document (cib1). |
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ORDER granting #42 Plaintiffs' Motion for Leave to File Excess Pages. Plaintiffs' Reply Brief shall not exceed 23 pages in length. Signed by Magistrate Judge Sharon L Ovington on 6/15/12. (slo1)
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| Filing 42 MOTION for Leave to File Excess Pages (File Brief In Excess Of Page Limits) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 41 MOTION for Extension of Time to Complete Discovery New date requested 6/22/2012. by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit 1 - Proposed Order) (Reeves, Tiffany) |
| Minute Entry for proceedings held before Magistrate Judge Sharon L Ovington: Telephone Conference held on 6/8/2012 (Total Time: 10 minutes). (rp1) |
| Filing 40 RESPONSE in Opposition re #27 MOTION to Compel Discovery, with the Imposition of Waiver filed by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Guttman, Daniel) |
| Filing 39 RESPONSE in Opposition re #29 MOTION to Determine Sufficiency of Certain Responses, and To Deem the Requests Admitted filed by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Guttman, Daniel) |
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Filing 38
ORDER - Upon review of the Motion of Defendants greater Dayton Regional Transit Authority and Jean McEntarfer for Leave to File a Response in Opposition to Plaintiffs' Motion to Compel Not Exceeding 30 Pages (Doc. #37 ), the Court hereby GRANTS the Motion. Defendants may file a response not to exceed 30 pages. Signed by Magistrate Judge Sharon L Ovington on 6/1/12. (kje1)
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| Filing 37 MOTION for Leave to File Excess Pages to File Response in Opposition to Plaintiffs' Motion to Compel by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Roberts, Matthew) |
| Filing 36 NOTICE of Appearance by David A Whitcomb for Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer (Whitcomb, David) |
| Minute Entry for proceedings held before Magistrate Judge Sharon L Ovington: Telephone Conference held on 5/31/2012 (Total Time - 55 minutes). Telephone Status Conference set for 6/8/12 at 3:00 p.m. (rp1) |
| Notice of Correction re: #28 MOTION to Compel and Plaintiffs Memorandum In Support Of Motion to Compel Discovery, With the Imposition of Wavier #28 DOCUMENT IS A MEMORANDUM TO #27 AND NOT A MOTION... (pb1) |
| Filing 35 REPLY to Response to Motion re #24 MOTION for Judgment on the Pleadings (Guttman, Daniel) |
| Filing 34 Witness List by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Guttman, Daniel) |
| Filing 33 Witness List by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 32 CERTIFICATE OF SERVICE by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson re #31 Response in Opposition to Motion, (Leathem, William) |
| Filing 31 RESPONSE in Opposition re #24 MOTION for Judgment on the Pleadings Corrected filed by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Notice of Correction re: 30 Brief,..DELETE, COUNSEL FILED DOCUMENT USING INCORRECT EVENT, ALONG WITH INCORRECT TEXT, COUNSEL NOTIFIED. (pb1) |
| Filing 29 MOTION to Determine Sufficiency of Certain Responses, and To Deem the Requests Admitted by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit 1, 1a, 1b, 1c, 1d, #2 Exhibit 2, #3 Exhibit 3, #4 Memorandum In Support of Motion to Determine the Sufficiency of Certain Responses and To Deem the Requests Admitted) (Leathem, William) |
| Filing 28 MOTION to Compel and Plaintiffs Memorandum In Support Of Motion to Compel Discovery, With the Imposition of Wavier by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Leathem, William) |
| Filing 27 MOTION to Compel Discovery, with the Imposition of Waiver by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit 1, 1a, 1b, 1c, 1d, 1e, 1g, 1h, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, 5, 6, and 7) (Leathem, William) |
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Filing 26
ORDER granting #25 Motion for Leave to Appear Pro Hac Vice of Tiffany R. Reeves. Signed by Magistrate Judge Sharon L Ovington on 5/10/2012. (kf)
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| Filing 25 MOTION for Leave to Appear Pro Hac Vice of Tiffany R. Reeves (Filing fee $ 200, receipt number 0648-3638760) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Bushorn, Claire) |
| Filing 24 MOTION for Judgment on the Pleadings by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. Responses due by 5/10/2012 (Guttman, Daniel) |
| Filing 23 MOTION for Class Certification and Appointment of Class Counsel by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. Responses due by 5/10/2012 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Cook, David) Modified on 4/18/2012 to edit document title and restrict Exhibit G (mdf1). |
| Filing 22 ANSWER to #21 Amended Complaint filed by All Defendants. (Attachments: #1 Exhibit A - Collective Bargaining Agreement, #2 Exhibit B - Current FMLA Policy, #3 Exhibit C - Former FMLA Policy, #4 Exhibit D - Absence Control Policy) (Guttman, Daniel) |
| Filing 21 AMENDED COMPLAINT against All Defendants, filed by Alicia Washington, Doug Stauter, Shalonda Egler, Brian Gray, Della Aydelott, Rocquel Mitchell, Rob Phillips, Michele Wilkinson. (Cook, David) |
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NOTATION ORDER sustaining #18 Motion to Amend/Correct. Signed by Judge Walter H Rice on 4/5/2012. (jdf1)
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NOTATION ORDER approving re #19 Stipulation filed by Jean McEntarfer, Greater Dayton Regional Transit Authority. Signed by Judge Walter H Rice on 3/29/2012. (jdf1)
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| Filing 20 NOTICE of Appearance by Melissa Dunlap Palmisciano for Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer (Palmisciano, Melissa) |
| Filing 19 STIPULATION (Stipulated Extension of Time to Move or Plead) by Defendants Greater Dayton Regional Transit Authority, Jean McEntarfer. (Clary, Wendy) |
| Filing 18 MOTION to Amend/Correct Complaint by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit Plaintiffs' First Amended Complaint, #2 Text of Proposed Order Proposed Order Granting Motion to Enter First Amended Complaint on the Record) (Cook, David) |
| Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 3/7/2012. (Court Reporter Debra Futrell.) (jdf1) |
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Filing 17
AMENDED INITIAL PRELIMINARY PRETRIAL CONFERENCE ORDER; NEW TRIAL DATE AND OTHER DATES SET AS OF 2/24/2012: Required disclosure Fed.R.Civ.P.26(a)(1) due 3/5/2012 in the form of mutual disclosures. Settlement demand by Plaintiff upon Defendant to be made by 10/19/2012. Written notification re consent or refusal to Magistrate Judge due by close of business 3/27/2012. Motions directed to pleadings due by 4/16/2012. Motion to amend and to add parties due by 3/15/2012. Lay Witness due by 5/15/2012. Primary expert witness identifications due 45 days after Court's decision on class certification. Rebuttal witness identification due 45 days after designation of primary experts. Requests for admissions due 10/12/2012. Discovery due by 11/14/2012. Telephone Status Conference set for 11/21/2012 at 5:00 PM before Judge Walter H Rice. Motions not directed to pleadings due by 12/14/2012. All other pretrial motions due by 3/5/2013. Joint Final Pretrial Order due by 3/12/2013. Trial exhibits to be exchanged by 3/15/2013. Telephone Final Pretrial Conference set for 3/19/2013 at 5:00 PM before Judge Walter H Rice. Deadline to submit proposed jury instructions at least 10 days prior to trial. Deadline to submit counter-designations at least 5 days prior to trial. Jury Trial set for 4/1/2013 at 9:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice. Deadline to complete discovery relevant to class action allegation due 8/1/2012. Deadlien to file motion for class certification 4/16/2012; Defendant's response due 7/6/2012; Plaintiff's response due 8/4/2012. Proposed hearing date for class determination issue is 9/10/2012 at 9:00 a.m. Signed by Judge Walter H Rice on 2/27/2012. (mdf1)
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Filing 16
INITIAL PRELIMINARY PRETRIAL CONFERENCE ORDER: Settlement demand by Plaintiff upon Defendant to be made by 8/1/2012. Written notification re consent or refusal to Magistrate Judge due by 3/20/2012. Motions directed to pleadings (except motions for class certification) due by 1/31/2012. Cutoff date for motion to amend and to add parties due by 12/31/2011. Lay Witness due by 3/1/2012. Primary expert witnesses due 45 days after Court's decision on class certification. Rebuttal expert witnesses due 45 days after primary expert's designation. Requests for admissions due 10/2/2012. Discovery due by 11/2/2012. Telephone Status Conference set for 11/8/2012 at 5:00 PM before Judge Walter H Rice. Motions not directed to pleadings due by 12/3/2012. All other pretrial motions due 3/5/2013. Joint Final Pretrial Order due by 3/12/2013. Trial exhibits due by 3/15/2013. Telephone Final Pretrial Conference set for 3/19/2013 at 5:00 PM before Judge Walter H Rice. Deadline to submit proposed jury instructions at least 10 days prior to trial. Deadline for submitting counter-designations at least 5 days prior to trial. Jury Trial set for 4/1/2013 at 9:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice. ORDER REFERRING CASE to Magistrate Judge Sharon L Ovington. Signed by Judge Walter H Rice on 2/27/2012. (mdf1)
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NOTATION ORDER without objections by the defendant's, sustaining #15 Motion to Amend/Correct. Signed by Judge Walter H Rice on 2/23/2012. (jdf1)
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| NOTICE OF TELEPHONE CONFERENCE:Telephone Conference set for 3/7/2012 at 4:45 PM before Judge Walter H Rice. (jdf1) |
| Filing 15 MOTION to Amend/Correct Rule 26(f) Report by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit) (Cook, David) |
| NOTICE OF TELEPHONE CONFERENCE: Follow up Telephone Conference set for 11/29/2011 at 4:45 PM before Judge Walter H Rice. (jdf1) |
| Minute Entry for Initial Pretrial Telephone Conference held on 11/1/2011.(Scheduling order to be filed shortly) (jdf1) |
| Filing 14 RULE 26(f) REPORT of the Parties by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Bushorn, Claire) |
| Filing 13 NOTICE of Appearance by Matthew Roberts for Defendants Greater Dayton Regional Transit Authority, Jean McIntarfer (Roberts, Matthew) |
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NOTATION ORDER SUSTAINING #11 Motion to Amend/Correct Case Caption. Signed by Judge Walter H Rice on 10/17/11. (cib1)
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| Filing 12 Unopposed MOTION to Continue Pretrial Conference by Defendants Greater Dayton Regional Transit Authority, Jean McIntarfer. (Eckelberry, Rodger) |
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NOTATION ORDER SUSTAINING #12 Unopposed Motion to Continue Pretrial Conference. Signed by Judge Walter H Rice on 10/14/11. (cib1)
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| Reset Hearings: Preliminary Pretrial Telephone Conference set for 11/1/2011 at 4:30 PM before Judge Walter H Rice. (cib1) |
| Filing 11 Unopposed MOTION to Amend/Correct Case Caption by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson, Defendants Greater Dayton Regional Transit Authority, Jean McIntarfer. (Attachments: #1 Text of Proposed Order) (Bushorn, Claire) |
| Filing 10 ANSWER to #1 Complaint, filed by All Defendants. (Attachments: #1 Exhibit A - Collective Bargaining Agreement, #2 Exhibit B - FMLA Policy, #3 Exhibit C - Absence Control Policy) (Guttman, Daniel) |
| Set/Reset Hearings: Pretrial Conference set for 10/17/2011 at 4:45 PM by phone before Judge Walter H Rice. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed. R. Civ. P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed. R. Civ. P. 26(f). NOTE...the format for the Rule 26(f) conference between counsel and the Report to the court has been altered. This new form is available on line and MUST be utilized in this case. The Report must be filed 7 DAYS PRIOR TO THE CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court's docket, please notify the Courtroom Deputy, Cindy Fugate, at 937-512-1501, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. If you wish a number other than your office number called, please advise 24 hours preceding the conference. (kje1) Modified on 9/21/2011 to add text (kje1). |
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NOTATION ORDER sustaining #9 Motion for Extension of Time. Signed by Judge Walter H Rice on 9/20/2011. (kje1) Modified on 9/22/2011 (kje1).
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| Filing 9 Unopposed MOTION for Extension of Time New date requested 10/3/2011. to Move or Plead by Defendants Greater Dayton Regional Transit Authority, Jean McIntarfer. (Clary, Wendy) |
| Filing 8 NOTICE of Appearance by Wendy Kay Clary for Defendants Greater Dayton Regional Transit Authority, Jean McIntarfer (Clary, Wendy) |
| Filing 7 NOTICE of Appearance by Daniel Jay Guttman for Defendants Greater Dayton Regional Transit Authority, Jean McIntarfer (Guttman, Daniel) |
| Filing 6 WAIVER OF SERVICE Returned Executed. Waiver sent to Jean McIntarfer on 7/21/2011, answer due 9/19/2011. (Bushorn, Claire) |
| Filing 5 WAIVER OF SERVICE Returned Executed. Waiver sent to Greater Dayton Regional Transit Authority on 7/21/2011, answer due 9/19/2011. (Bushorn, Claire) |
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NOTATION ORDER SUSTAINING #4 Plaintiffs' Motion for Leave to Permit Attorney William W. Leathem to Appear Pro Hac Vice. Signed by Judge Walter H Rice on 8/17/11. (cib1)
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| Filing 4 MOTION for Leave to Appear Pro Hac Vice of William W. Leathem (Filing fee $ 200, receipt number 0648-3291599) by Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Bushorn, Claire) |
| Filing 3 NOTICE of Appearance by David Marvin Cook for Plaintiffs Della Aydelott, Shalonda Egler, Brian Gray, Rocquel Mitchell, Rob Phillips, Doug Stauter, Alicia Washington, Michele Wilkinson (Attachments: #1 Exhibit) (Cook, David) |
| Filing 2 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorneys Sherrie E. Voyles, Marisel A. Hernandez, William Leaphem. (kf) |
| ***Notice: If case is referred, it will be to Magistrate Judge Sharon L. Ovington. (kf) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 350 paid - receipt number: 0648-3252928), filed by Brian Gray, Doug Stauter, Roquell Mitchell, Shalonda Egler, Alicia Washington. (Attachments: #1 Civil Cover Sheet) (Bushorn, Claire) |
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