Hlebovy et al v. Falcon Transport Co. et al
| Ohio Northern District Court | |
| Judge: | Benita Y Pearson |
| Case #: | 4:19-cv-01018 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 29:2101 Worker Adjustment & Retraining Notification Act |
| Case Filed: | May 06, 2019 |
| Terminated: | Oct 17, 2019 |
| Last checked: Saturday Nov 02, 2019 6:02 AM EDT |
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Defendant
Christopher Broussard
429 E Bethel School Road
Coppell, TX 75019 |
Represented By
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Defendant
Counterpoint Capital Partners, LLC
555 W 5th St., 35th FL
Los Angeles, CA 90013 |
Represented By
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Defendant
Falcon Transport Co.
4944 Belmont Ave
Youngstown, OH 44505 |
Represented By
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Defendant
G.D. Leasing of Indiana, Inc.
2399 E 15th Ave
Gary, IN 46402 |
Represented By
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Defendant
Nick Schrader
5530 Coverdale Way
Medina, OH 44256 |
Represented By
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Plaintiff
Tawni Grove-Caban
3785 Indian Run Dr. #10
Canfield, OH 44406 |
Represented By
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Plaintiff
David Hlebovy
On behalf of himself and all others similarly situated 3200 Camfield Apt 107
Youngstown, OH 44511 |
Represented By
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| Docket last updated: 86 minutes ago |
| Wednesday, November 08, 2023 | ||
| 29 | 29
motion
Continue
Wed 11/08 8:36 AM
FILING ERROR Joint Motion to continue Mediation until January 2024 filed by Mary Chavez, Tawni Grove-Caban, David Hlebovy, Kevin Isenburg, Tawni Grove-Caban, David Hlebovy. Related document(s)(76 in 4:19-cv-00958-JPC). Associated Cases: 4:19-cv-00958-JPC, 4:19-cv-01018-BYP(Spallina, Christina) Modified to denote as filing error and termed motion event on 11/8/2023 (JLG) |
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| Thursday, October 17, 2019 | ||
| 28 | 28
2
pgs
order
Order ~Util - Case Termination
Thu 10/17 7:13 PM
Order Plaintiffs' Counsel in these actions filed a Stipulation Regarding Consolidation and Joint Representation (ECF No. 37 in Case No. 4:19CV0958). Case Nos. 4:19CV0958 and 4:19CV1018 are hereby consolidated pursuant to Fed. R. Civ. P. 42. Case No. 4:19CV1018 is hereby closed. On or before 10/21/2019, Plaintiffs' Counsel shall serve and file a Master Consolidated Amended Class Action Complaint joining the claims from Case Nos. 4:19CV0958 and 4:19CV1018 that reflects their joint representation of Plaintiffs. In the future, all pleadings and other papers for these actions shall only be filed in and docket entries shall only be made in Case No. 4:19CV0958. Judge Benita Y. Pearson on 10/17/2019. (JLG) |
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| Wednesday, October 02, 2019 | ||
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minutes
Case Management Conference
Wed 10/02 5:25 PM
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 10/2/2019. Present were Attorneys Christina C. Spallina, James M. Kelley, III, and Robert J. Dubyak as counsel for Plaintiffs; and Attorneys Andrew J. Wolf and Steven E. Seasly as counsel for Defendants. Also present were Plaintiff David Hlebovy, Individual Defendants Christopher Broussard and Nick Schrader, and Defendant Representatives for Counterpoint Capital Partners, Chris Iorillo and Stephen Rossi. The parties and Court discussed pertinent matters, including Defendant Broussard's waiver of service, the related litigation at 4:19CV0958, and possible global resolution. On or before 10/4/2019, the parties shall file a Joint Notice stating whether they (1) would like a magistrate judge to conduct the mediation, (2) would like to utilize the Court's ADR Program or (3) employ a private mediator, see LR 16.4(e) and (f). If the parties agree on private mediation, they shall identify the mediator and inform the Court of the scheduled date for the conference. On or before close of business on 10/4/2019, counsel for Plaintiffs in Case Nos. 4:19CV0958 and 4:19CV1018 shall file a Joint Notice stating the status of their attempts to reach an agreement on the organizational structure for Plaintiffs' Interim Class Counsel pursuant to Fed. R. Civ. P. 23(g)(3). (Court Reporter: None); Time: 40 minutes. (JLG) |
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| Tuesday, October 01, 2019 | ||
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order
Order on Motion for leave Order on Motion to dismiss party
Tue 10/01 1:06 PM
Order [non-document] granting Plaintiff's17 Motion for Leave to File First Amended Complaint, and denying as moot Defendant's16 Motion to Dismiss Defendant. Judge Benita Y. Pearson on 10/1/2019.(S,Ke) |
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| Friday, September 27, 2019 | ||
| 27 | 27
motion
Leave
Fri 09/27 7:05 PM
Motion for leave to file First Amended Complaint filed by Tawni Grove-Caban, David Hlebovy.(Dubyak, Robert) |
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Att: 1
Brief in Support,
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Att: 2
Exhibit A, First Amended Complaint
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| 26 | 26
notice
Report of Parties Planning Meeting (atty event)
Fri 09/27 4:13 PM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Seasly, Steven) |
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| Wednesday, September 18, 2019 | ||
| 25 | 25
notice
Initial Disclosures (atty event)
Wed 09/18 6:33 PM
Initial Disclosures filed by Tawni Grove-Caban, David Hlebovy. (Dubyak, Robert) |
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| 24 | 24
notice
Initial Disclosures (atty event)
Wed 09/18 4:51 PM
Initial Disclosures filed by All Defendants. (Seasly, Steven) |
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| Tuesday, September 17, 2019 | ||
| 23 | 23
notice
Attorney Substitution (atty event)
Tue 09/17 8:10 AM
Notice of Substitution of Counsel removing attorney John E. Moran and adding attorney Steven E. Seasly filed by on behalf of Nick Schrader. (Seasly, Steven) |
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| Friday, September 13, 2019 | ||
| 22 | 22
motion
Extension of Time to File Response/Reply to Motion
Fri 09/13 3:42 PM
Second Motion for extension of time until October 14, 2019 to file response/reply to16 Motion to Dismiss Defendant, Nick Schrader filed by Tawni Grove-Caban, David Hlebovy. Related document(s)16 . (Dubyak, Robert) |
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order
Order on Motion for extension of time to file response/reply to motion
Fri 09/13 7:41 PM
Order [non-document] granting in part Plaintiffs'22 Second Motion for Extension of Time to File Response/Reply to16 Motion to Dismiss Defendant, Nick Schrader until 9/27/2019. Judge Benita Y. Pearson on 9/13/2019. (JLG) |
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| Friday, August 30, 2019 | ||
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order
Order on Motion for extension of time to file response/reply to motion
Fri 08/30 4:37 PM
Order [non-document] granting Plaintiffs'20 Motion for Extension of Time until 9/13/2019 to File Response/Reply to16 Motion to Dismiss Defendant, Nick Schrader. Judge Benita Y. Pearson on 8/30/2019. (JLG) |
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| Friday, August 23, 2019 | ||
| 21 | 21
order
Case Management Conference Scheduling Order
Fri 08/23 7:08 PM
Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 10/2/2019 at 1:30 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiffs shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 8/23/2019. (JLG) |
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Att: 1
Attachment No. 1,
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Att: 2
Attachment No. 2,
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Att: 3
Attachment No. 3,
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Att: 4
Attachment No. 4,
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Att: 5
Attachment No. 5
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| Thursday, August 22, 2019 | ||
| 20 | 20
motion
Extension of Time to File Response/Reply to Motion
Thu 08/22 4:00 PM
Motion for extension of time until September 13, 2019 to file response/reply to16 Motion to Dismiss Defendant, Nick Schrader filed by Tawni Grove-Caban, David Hlebovy. Related document(s)16 . (Dubyak, Robert) |
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| Monday, August 12, 2019 | ||
| 19 | 19
answer
Answer to Complaint
Mon 08/12 7:20 PM
Answer to1 Complaint,,, with Jury Demand filed by G.D. Leasing of Indiana, Inc.. (Seasly, Steven) |
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| 18 | 18
answer
Answer to Complaint
Mon 08/12 7:19 PM
Answer to1 Complaint,,, with Jury Demand filed by Counterpoint Capital Partners, LLC. (Seasly, Steven) |
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| 17 | 17
answer
Answer to Complaint
Mon 08/12 7:17 PM
Answer to1 Complaint,,, with Jury Demand filed by Falcon Transport Co.. (Seasly, Steven) |
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| 16 | 16
motion
Dismiss Party
Mon 08/12 3:04 PM
Motion to dismiss party Motion to Dismiss of Defendant, Nick Schrader filed by Defendant Nick Schrader.(Moran, John) |
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Att: 1
Brief in Support /Memorandum in Support
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| 15 | 15
notice
Corporate Disclosure Statement
Mon 08/12 2:33 PM
Corporate Disclosure Statement filed by G.D. Leasing of Indiana, Inc.. (Seasly, Steven) |
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| 14 | 14
notice
Corporate Disclosure Statement
Mon 08/12 2:30 PM
Corporate Disclosure Statement filed by Counterpoint Capital Partners, LLC. (Seasly, Steven) |
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| 13 | 13
notice
Corporate Disclosure Statement
Mon 08/12 2:29 PM
Corporate Disclosure Statement filed by Falcon Transport Co.. (Seasly, Steven) |
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| Thursday, June 27, 2019 | ||
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order
Order on Motion for extension of time to answer
Thu 06/27 10:59 AM
Order [non-document] granting as requested Defendant Nick Schrader's11 Motion for Extension of Time until 8/12/2019 to Respond to Plaintiffs' Complaint. Judge Benita Y. Pearson on 6/27/2019. (JLG) |
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| Wednesday, June 26, 2019 | ||
| 12 | 12
service
Return of Service Unexecuted
Wed 06/26 2:03 PM
Return of Service by Clerk unexecuted upon Chris Broussard. Service attempted by certified mail on 6/22/2019 filed on behalf of Plaintiffs . (H,SP) |
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| 11 | 11
motion
Extension (answer complaint)
Wed 06/26 12:07 PM
Motion for extension of time until 8/12/19 to answer /Defendant, Nick Schrader's, Motion for an Extension of Time to Respond to Plaintiffs' Complaint filed by Defendant Nick Schrader. Related document(s)1 . (Moran, John) |
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| Friday, June 21, 2019 | ||
| 10 | 10
service
Waiver of Service Executed
Fri 06/21 3:00 PM
Waiver of Service Returned Executed by Counterpoint Capital Partners, LLC, Falcon Transport Co., G.D. Leasing of Indiana, Inc.. G.D. Leasing of Indiana, Inc. waiver sent on 6/13/2019, answer due 8/12/2019 filed on behalf of Counterpoint Capital Partners, LLC; Falcon Transport Co.; G.D. Leasing of Indiana, Inc. (Seasly, Steven) |
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| Monday, June 10, 2019 | ||
| 9 | 9
service
Return of Service Executed
Tue 06/11 8:58 AM
Return of Service by Clerk by certified mail executed upon Counterpoint Capital Partners, LLC and Statutory Agent on 5/21/2019, filed on behalf of David Hlebovy Related document(s)1 ,2 . (S,KM) |
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| Thursday, June 06, 2019 | ||
| 8 | 8
service
Return of Service Unexecuted
Thu 06/06 3:04 PM
Return of Service by Clerk unexecuted upon Falcon Transport Co.. Service attempted by certified mail on 5/29/2019 filed on behalf of All Plaintiffs . (H,SP) |
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| Monday, June 03, 2019 | ||
| 7 | 7
service
Return of Service Unexecuted
Mon 06/03 2:35 PM
Return of Service by Clerk unexecuted upon G.D. Leasing of Indiana, Inc.. Service attempted by certified mail on 5/25/2019 filed on behalf of All Plaintiffs . (H,SP) |
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| Friday, May 31, 2019 | ||
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order
Order on Motion for extension of time to answer
Fri 05/31 7:40 PM
Order [non-document] granting Defendant Nick Schrader's6 Motion for Extension of Time until 7/1/2019 to Respond to1 Complaint. Judge Benita Y. Pearson on 5/31/2019. (JLG) |
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| Wednesday, May 29, 2019 | ||
| 6 | 6
motion
Extension (answer complaint)
Wed 05/29 1:06 PM
Motion for extension of time until 7/1/19 to respond to1 Complaint filed by Defendant Nick Schrader. (Moran, John) |
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| Tuesday, May 28, 2019 | ||
| 5 | 5
service
Return of Service Executed
Tue 05/28 4:15 PM
Return of Service by Clerk by certified mail executed upon Nick Schrader on 5/10/2019, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of All Plaintiffs . (H,SP) |
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| 4 | 4
service
Return of Service Unexecuted
Tue 05/28 3:51 PM
Return of Service by Clerk unexecuted upon Falcon Transport Co (statutory agent). Service attempted by certified mail on 5/23/2019 filed on behalf of All Plaintiffs . (H,SP) |
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| 3 | 3
service
Return of Service Executed
Tue 05/28 3:45 PM
Return of Service by Clerk by certified mail executed upon G.D. Leasing of Indiana, Inc. on 5/10/2019, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of All Plaintiffs . (H,SP) |
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| Tuesday, May 07, 2019 | ||
| 2 | 2
oth_evt
Summons Issued
Tue 05/07 8:44 AM
Original Summons and Magistrate Consent Form issued to counsel for service upon Christopher Broussard, Counterpoint Capital Partners, LLC, Falcon Transport Co., G.D. Leasing of Indiana, Inc., Nick Schrader. (Y,Br) |
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Att: 1
Magistrate Consent Form
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utility
Add and Terminate Judge
Tue 05/07 8:26 AM
Judge Benita Y. Pearson assigned to case. (Y,Br) |
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oth_evt
Random Assignment of Magistrate Judge
Tue 05/07 8:27 AM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (Y,Br) |
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oth_evt
Service by Clerk
Tue 05/07 4:11 PM
Service by Clerk. Summons and Complaint addressed to Christopher Broussard, receipt # 70141200000046503500, Counterpoint Capital Partners, LLC, receipt # 70141200000046503548 & Statutory Agent, receipt # 70141200000046503531, Falcon Transport Co., receipt # 70141200000046503562 & Statutory Agent, receipt # 70141200000046505555, G.D. Leasing of Indiana, Inc., receipt # 70141200000046503524 & Statutory Agent, receipt # 70141200000046503517, Nick Schrader, receipt # 70141200000046503494 placed in U.S. Mail. Type of service: certified mail. Receipt # 70141200000046503562. (Y,A) |
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| Monday, May 06, 2019 | ||
| 1 | 1
cmp
Complaint
Mon 05/06 9:29 PM
Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-9295690. Plaintiff has indicated that case may be related to pending civil action 4:19-cv-00958 . Filed by David Hlebovy, Tawni Grove-Caban. (Dubyak, Robert) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons Falcon Transport Co.,
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Att: 3
Summons Falcon Transport Co. c/o Statutory Agent,
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Att: 4
Summons CounterPoint Capital Partners, LLC,
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Att: 5
Summons CounterPoint Capital Partners, LLC, c/o Statutory Agent,
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Att: 6
Summons G.D. Leasing of Indiana, Inc.,
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Att: 7
Summons G.D. Leasing of Indiana, Inc., c/o Statutory Agent,
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Att: 8
Summons Christopher Broussard,
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Att: 9
Summons Nick Schrader
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