Ohio Southern District Court
Judge:Michael J Newman
Referred: Peter B Silvain, Jr
Case #: 3:19-cv-00248
Nature of Suit710 Labor - Fair Labor Standards Act
Cause29:201 Fair Labor Standards Act
Case Filed:Aug 16, 2019
Terminated:Jul 28, 2021
Last checked: Wednesday Feb 12, 2020 3:44 AM EST
Defendant
Jeff Class
Represented By
Amy Christine Mitchell
contact info
Defendant
IN Zone Roofing & Restoration, LLC
Represented By
Amy Christine Mitchell
contact info
Plaintiff
Leroy Ulm
Represented By
Bradley Lawrence Gibson
Gibson Law, LLC
contact info
Brian Greivenkamp
Gibson Law
contact info

GPO Jul 28 2021
ORDER OF DISMISSAL; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 7/28/21. (pb)

Docket last updated: 05/23/2025 11:59 PM EDT
Friday, August 20, 2021
33 33 misc Stipulation of Dismissal Fri 08/20 2:40 PM
STIPULATION of Dismissal with Prejudice by Plaintiff Leroy Ulm. (Gibson, Bradley)
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Wednesday, July 28, 2021
32 32 1 pgs order Order Dismissing Case Wed 07/28 2:12 PM
ORDER OF DISMISSAL; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 7/28/21. (pb)
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Wednesday, June 23, 2021
31 31 3 pgs order Order Setting Mediation ~Util - Set Deadlines/Hearings Wed 06/23 2:27 PM
ORDER FOR COURT-CONDUCTED MEDIATION - The above-captioned case is hereby set for mediation via telephone at 10:00 a.m. on July 1, 2021. The terms and conditions of the mediation are as follows:Designation of Mediator: Magistrate Judge Sharon L. Ovington will serve as themediator in this case. Preparation for Mediation: No later than 5:00 p.m. on June 29, 2021, each party shall submit a mediation conference statement. Signed by Magistrate Judge Sharon L. Ovington on 6/23/21. (pb)
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Friday, May 14, 2021
30 30 2 pgs order Order Reassigning Case Fri 05/14 2:38 PM
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Peter B. Silvain, Jr for all further proceedings. Magistrate Judge Karen L. Litkovitz no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 5/13/21. (jcw)
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Tuesday, April 20, 2021
order Order on Motion to Continue Tue 04/20 1:15 PM
NOTATION ORDER granting Joint29 Motion to Continue Mediation Date. The Court will contact counsel to reschedule the Mediation. Signed by Magistrate Judge Sharon L. Ovington on 4/20/21. (rp)
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Monday, April 19, 2021
29 29 motion Continue Mon 04/19 4:18 PM
Joint MOTION to Continue MEDIATION DATE by Defendants Jeff Class, IN Zone Roofing & Restoration, LLC. (Mitchell, Amy)
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Monday, April 12, 2021
notice Notice (Other) Mon 04/12 10:14 AM
NOTICE OF CALL INSTRUCTIONS re28 4/22/21 Mediation. To participate in the mediation, Counsel are instructed to call 1-888-684-8852 and enter the ACCESS CODE 6641708, then the SECURITY CODE 042221 when prompted.(rp)
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Wednesday, March 24, 2021
notice Notice (Other) Wed 03/24 3:51 PM
NOTICE: Counsel is advised to review and become familiar with Judge Michael J. Newman's[LINK:Standing Order Governing Civil Cases] . This Order replaces General Order No. 1201 Dayton in all civil cases before Judge Newman (pb)
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Wednesday, February 24, 2021
28 28 2 pgs order Order Setting Mediation ~Util - Set Deadlines/Hearings Wed 02/24 3:34 PM
ORDER FOR COURT-CONDUCTED MEDIATION: The above-captioned case is hereby set for mediation via telephone at 10:00 a.m. on April 22, 2021. The terms and conditions of the mediation are as follows: Designation of Mediator: Magistrate Judge Sharon L. Ovington will serve as the mediator in this case. Preparation for Mediation: No later than 5:00 p.m. on April 19, 2021, each party shall submit a mediation conference statement in letter form, to Judge Ovington's chambers (via email at Ovington_Chambers@ohsd.uscourts.gov), with copy to opposing counsel. Mediation statements are not to be filed on the Courts docket before Magistrate Judge Sharon L. Ovington.. Signed by Magistrate Judge Sharon L. Ovington on 2/24/21. (pb)
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Thursday, February 18, 2021
27 27 1 pgs order Order Thu 02/18 4:57 PM
ORDER OF REFERENCE FOR MEDIATION - Pursuant to 28 U.S.C. § 636(c), and at the request of the parties, this case is hereby referred to Judge Sharon L. Ovington for the purposes of mediation. Signed by Judge Michael J. Newman on 2/18/21. (pb)
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Tuesday, February 16, 2021
26 26 order Dayton Preliminary Pretrial Order Tue 02/16 5:58 PM
PRETRIAL CALENDAR ORDER: Discovery due by 6/30/2021. Dispositive motions due by 9/15/2021. Final Pretrial Conference set for 3/1/2022 10:00 AM in Courtroom 4 - Dayton before Judge Michael J. Newman. Jury Trial set for 3/14/2022 09:30 AM in Courtroom 4 - Dayton before Judge Michael J. Newman.. Signed by Judge Michael J. Newman on 2/16/21. (pb)
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Monday, February 15, 2021
25 25 misc Status Report Mon 02/15 2:14 PM
STATUS REPORT (JOINTLY FILED) by Defendants Jeff Class, IN Zone Roofing & Restoration, LLC. (Mitchell, Amy)
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Monday, February 01, 2021
order Order Mon 02/01 9:42 AM
NOTATION ORDER: This undersigned, having recently been assigned to preside over this case, VACATES any final pretrial and trial dates previously scheduled in this matter and ORDERS that the parties confer and file a status report within 14 days from the entry of this Order advising the Court of the status of discovery and settlement negotiations, if any. If any party believes that new pretrial deadlines (e.g., discovery and dispositive motion filing deadlines) are needed in this case, the Court is amenable to accommodating counsel in this regard following the filing of a motion in conjunction with the status report. To the extent the parties agree on new pretrial deadlines, they may jointly file a proposed pretrial calendar order for the Court's approval suggesting proposed dates for a trial that would occur no sooner than 5 months following the deadline for the filing of dispositive motions. If the parties believe that a status conference is needed with the Court, they may file a motion requesting a status conference at any time. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 2/1/2021. (srb)
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Monday, January 25, 2021
24 24 2 pgs order Order Reassigning Case Mon 01/25 6:10 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Michael J. Newman for all further proceedings. Judge Walter H. Rice no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 1/25/21. (ss)
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Monday, November 16, 2020
23 23 2 pgs order Order Add and Terminate Judges Tue 11/17 6:42 PM
ORDER: Magistrate Judge Karen L. Litkovitz added. Judge Michael J. Newman no longer assigned as referral judge to case. Signed by Chief Judge Algenon L. Marbley on 11/16/2020. (ss)
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Thursday, October 22, 2020
22 22 order ~Util - Set Deadlines/Hearings ~Util - Terminate Motions Dayton Preliminary Pretrial Order Thu 10/22 10:04 AM
DECISION AND ENTRY SUSTAINING JOINT MOTION OF PLAINTIFF AND DEFENDANTS REQUESTING EXTENSION OF DISCOVERY AND OTHER CASE MANAGEMENT DEADLINES (DOC. #21 ); SETTING NEW TRIAL DATE- For good cause shown, the Court SUSTAINS the Joint Motion of Plaintiff and Defendants Requesting Extension of Discovery and Other Case Management Deadlines, Doc. #21, and ADOPTS the following deadlines suggested by the parties: Discovery must be completed by November 30, 2020 Summary judgment motions must be filed by January 8, 2021 All other pretrial motions must be filed by April 4, 2021 A Joint Final Pretrial Order shall be filed by April 11, 2021 A Final Pretrial Conference will be held via telephone on April 27, 2021, at 5:00 p.m. Jury Trial will begin on May 10, 2021, in Courtroom 1, at 9:00 AM with Judge Walter H. Rice.. Signed by Judge Walter H. Rice on 10/21/2020. (kma)
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Tuesday, October 20, 2020
minutes Telephone Conference ~Util - Set Hearings Tue 10/20 5:29 PM
Minute Entry for proceedings held: Telephone Conference held on 10/20/2020, (Jury Trial set for 5/10/2021 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice, Pretrial Conference set for 4/27/2021 05:00 PM in Teleconference before Judge Walter H. Rice.). Scheduling Order to be filed. (tp)
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Friday, October 09, 2020
21 21 motion Extension of Time Fri 10/09 2:34 PM
Joint MOTION for Extension of Time New date requested 11/30/2020. by Defendants Jeff Class, IN Zone Roofing & Restoration, LLC. (Mitchell, Amy)
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Friday, August 07, 2020
20 20 notice Notice (Other) Fri 08/07 8:07 PM
NOTICE by Plaintiff Leroy Ulm Notice of Withdrawal of Appearance [Brian Greivenkamp] (Gibson, Bradley)
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Thursday, July 16, 2020
19 19 minutes Discovery Conference Thu 07/16 12:07 PM
Minute Entry: This civil case came before the Court for a discovery status conference by telephone on 7/16/2020. Attorneys Bradley Gibson and Amy Mitchell participated. Counsel do not anticipate any discovery issues at this time and will confer regarding potential mediation. Should counsel require the Court's assistance or wish to have the case referred for mediation, they may contact Chambers by email at newman_chambers@ohsd.uscourts.gov. (mnr)
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Monday, July 13, 2020
18 18 notice Notice (Other) Mon 07/13 5:27 PM
NOTICE by Plaintiff Leroy Ulm Disclosure of Lay Witnesses (Gibson, Bradley)
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17 17 trial Witness List Mon 07/13 5:09 PM
Witness List by Defendants Jeff Class, IN Zone Roofing & Restoration, LLC. (Mitchell, Amy)
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Monday, June 29, 2020
16 16 notice Notice (Other) Mon 06/29 5:54 PM
NOTICE by Defendants Jeff Class, IN Zone Roofing & Restoration, LLC Notice of Consent to a magistrate judges authority (Mitchell, Amy)
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Thursday, June 04, 2020
notice Notice of Telephone Conference Thu 06/04 12:45 PM
NOTICE OF HEARING: This civil case was referred to the undersigned for all pretrial matters until expiration of the discovery period. The undersigned sets this case for a discovery status conference by telephone on 7/16/2020 at 11:30 a.m. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. If the parties require assistance in the meantime, please contact Chambers by email at newman_chambers@ohsd.uscourts.gov copying all counsel of record. (dm)
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Friday, May 29, 2020
15 15 order Dayton Preliminary Pretrial Order Fri 05/29 1:07 PM
PRELIMINARY PRETRIAL ORDER: Notification re: Contingent Consent/Non-Consent to MJ for Trial Purposes Only due by 6/29/2020. Lay Witness due by 7/13/2020. Plaintiff Primary Expert due by 7/16/2020. Plaintiff Rebuttal Expert due by 8/13/2020. Defendant Primary Expert due by 7/16/2020. Defendant Rebuttal Expert due by 8/13/2020. Request for Admissions due by 9/16/2020. Discovery due by 10/16/2020. Status Conference set for 10/20/2020 05:00 PM in Teleconference before Judge Walter H. Rice. Summary Judgment Motions Deadline by 11/16/2020. All other pretrial motions due by 2/16/2021. Joint Final Pretrial Order due by 2/23/2021. Final Pretrial Conference set for 3/2/2021 05:00 PM in Teleconference before Judge Walter H. Rice. Jury Trial set for 3/15/2021 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice. Case is referred to Magistrate Judge Michael J. Newman. Signed by Judge Walter H. Rice on 5/29/2020. (kma)
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Thursday, February 06, 2020
minutes Telephone Conference ~Util - Set Hearings Thu 02/06 4:12 PM
Minute Entry for proceedings held: Telephone Conference held on 2/6/2020, (Jury Trial set for 3/15/2021 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice.)Scheduling Order to be filed. (djv)
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utility Set/Reset Hearings Thu 02/06 4:23 PM
Set/Reset Hearings: Jury Trial set for 3/15/2021 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice. (tp)
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Thursday, January 30, 2020
14 14 misc Rule 26(f) Report Thu 01/30 2:05 PM
RULE 26(f) REPORT of Parties by Plaintiff Leroy Ulm. (Greivenkamp, Brian)
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Tuesday, January 07, 2020
13 13 answer Answer to Complaint Tue 01/07 4:53 PM
ANSWER to1 Complaint filed by All Defendants. (Mitchell, Amy)
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Monday, January 06, 2020
utility Set/Reset Deadlines Mon 01/06 9:31 AM
Set/Reset Deadlines: Jeff Class answer due 1/7/2020; IN Zone Roofing & Restoration, LLC answer due 1/7/2020. re notation order sustaining12 . (kma)
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Thursday, January 02, 2020
order Order on Motion for Leave to File Thu 01/02 1:22 PM
NOTATION ORDER sustaining12 Motion for Leave to File to File ANSWER AND MOTION FOR EXTENSION OF TIME by Defendants Jeff Class, IN Zone Roofing & Restoration, LLC. Signed by Judge Walter H. Rice on 01/02/2020. (tp)
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Friday, December 20, 2019
12 12 motion Leave to File Document Fri 12/20 3:39 PM
MOTION for Leave to File ANSWER AND MOTION FOR EXTENSION OF TIME by Defendants Jeff Class, IN Zone Roofing & Restoration, LLC. (Mitchell, Amy)
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Att: 1 Text of Proposed Order
11 11 notice Notice of Appearance Fri 12/20 3:34 PM
NOTICE of Appearance by Amy Christine Mitchell for Defendants Jeff Class, IN Zone Roofing & Restoration, LLC (Mitchell, Amy)
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Monday, November 25, 2019
10 10 misc Certificate of Clerk Mon 11/25 3:52 PM
CERTIFICATE of Mailing by Clerk: Ordinary mail service has been done by the Clerk, U.S. District Court on November 25, 2019. A copy of the summons document 5, and complaint, document 1, was sent by ordinary mail to the following locations: IN Zone Roofing & Restoration, LLC, Statutory Agent Beverly Class, 1733 Little York Rd., Dayton, OH 45414. (kma)
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Wednesday, November 20, 2019
9 9 misc Mail Returned Wed 11/20 1:13 PM
Mail Returned as Undeliverable re5 1 re6 Article Number (7018 2290 0000 1042 4028) . Mail sent to IN Zone Roofing & Restoration, LLC (kma)
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Att: 1 Mailing Envelope
Friday, November 15, 2019
8 8 misc Certificate of Clerk Fri 11/15 2:07 PM
CERTIFICATE of Mailing by Clerk - Ordinary mail service has been done by the Clerk, U.S. District Court on November 15, 2019. A copy of the summons, document 5, and complaint, document 1, was sent by ordinary mail to the following locations: Jeff Class, 1733 Little York Rd., Dayton, OH 45414. (kma)
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Thursday, November 07, 2019
7 7 service Summons Returned Unexecuted Thu 11/07 1:38 PM
Summons Returned Unexecuted as to Jeff Class. (kma)
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Thursday, September 26, 2019
6 6 misc Certificate of Clerk Thu 09/26 11:49 AM
CERTIFICATE of Mailing by Clerk: Certified mail service has been done by the Clerk, U.S. District Court on September 26, 2019. A copy of the summons, document 5, and complaint, document 1, was sent by certified mail to the following locations: IN Zone Roofing & Restoration, LLC, Statutory Agent, Beverly Class, 1733 Little York Rd., Dayton, OH 45414. Article Number (7018 2290 0000 1042 4028) Jeff Class, 1733 Little York Rd., Dayton, OH 45414. Article Number (7018 2290 0000 1042 4011). (kma)
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Tuesday, September 17, 2019
5 5 service Summons Issued Tue 09/17 11:43 AM
Summons Issued as to Jeff Class, and IN Zone Roofing & Restoration, LLC. (jmb)
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4 4 service Request for Issuance of Summons Tue 09/17 10:31 AM
REQUEST for Issuance of Summons. (Gibson, Bradley)
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3 3 service Request for Issuance of Summons Tue 09/17 10:27 AM
REQUEST for Issuance of Summons. (Gibson, Bradley)
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Monday, August 19, 2019
misc Docket Annotation Mon 08/19 9:02 AM
Notice: If case is to be referred it will be assigned to Magistrate Judge Michael J. Newman. (kma)
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Friday, August 16, 2019
2 2 notice Notice of Appearance Fri 08/16 10:54 AM
NOTICE of Appearance by Brian Greivenkamp for Plaintiff Leroy Ulm (Greivenkamp, Brian)
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1 1 cmp Complaint Fri 08/16 10:30 AM
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7065987), filed by Leroy Ulm. (Gibson, Bradley)
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Att: 1 Civil Cover Sheet Civil Cover Sheet