Rizk v. Old Dominion Freight Line, Inc.
Ohio Northern District Court | |
Judge: | J Philip Calabrese |
Referred: | Thomas M Parker |
Case #: | 1:20-cv-01865 |
Nature of Suit | 710 Labor - Fair Labor Standards Act |
Cause | 29:201 Fair Labor Standards Act |
Case Filed: | Aug 21, 2020 |
Terminated: | Apr 28, 2021 |
Last checked: Wednesday Feb 17, 2021 4:00 AM EST |
Defendant
Old Dominion Freight Line, Inc.
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Represented By
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Plaintiff
Eileen Rizk
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Represented By
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Docket last updated: 4 hours ago |
Wednesday, April 28, 2021 | ||
32 | 32
1
pgs
order
Order Dismissing Case
Wed 04/28 2:15 PM
Judgment Entry Terminating Case . Judge J. Philip Calabrese on 4/28/2021. (Y,A) |
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31 | 31
3
pgs
order
Order on Motion for leave
Wed 04/28 2:06 PM
Order [non-document]: The Court GRANTS the parties' joint motion (ECF No30 ) and approves the settlement agreement. The Court retains jurisdiction over this action to enforce the terms of the Settlement Agreement. SO ORDERED . Judge J. Philip Calabrese on 4/28/2021. (Y,A) |
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Tuesday, April 27, 2021 | ||
30 | 30
6
pgs
motion
Leave
Tue 04/27 11:50 AM
Joint Motion for leave to Approve Settlement of Claims filed by Defendant Old Dominion Freight Line, Inc..(Lacks, Monica) |
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Att: 1 Exhibit Clare Wade-Kilts Verification | ||
Friday, April 16, 2021 | ||
minutes
~Util - Terminate Referral Minute Order _ Mediation Conference
Fri 04/16 2:15 PM
Minute Order [non-document] of Mediation held on 4/16/2021 before Magistrate Judge Thomas M. Parker. All parties appeared via video conference. Plaintiff Eileen Rizk participated with counsel Claire I. Wade-Kilts; Defendant representative Peter Murphy participated with counsel Monica Levine Lacks. After good faith negotiations, the parties have negotiated an agreement to settle all matters in dispute between them, subject to approval by the court. The parties shall proceed to execute a final settlement agreement as soon as possible and shall file a joint motion to approve the settlement agreement by April 30, 2021. Counsel shall exchange and approve, by email, a term sheet setting forth the essential terms of their agreement not later than 5:00 p.m. on April 16, 2021. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 4/16/2021. Referral Terminated. (Court Reporter: N/A. Time: 3 hours, 50 minutes). Modified on 4/16/2021 (D,JJ) |
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Tuesday, April 13, 2021 | ||
minutes
Telephone Conference MJ
Tue 04/13 3:22 PM
Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conferences held on 4/13/2021. Attorney Claire I. Wade-Kilts participated on behalf of plaintiff; Attorney Monica Levine Lacks participated on behalf of defendant. The court and counsel separately discussed background information and issues in order to prepare for the upcoming Mediation Conference set for April 16, 2021 at 10:00 AM. (Court Reporter: N/A.) (D,JJ) |
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Friday, March 19, 2021 | ||
29 | 29
resp
Reply
Fri 03/19 8:56 AM
Reply in support of25 Motion to strike Portions of Plaintiff's Reply in Support of Motion to Conditionally Certify a Collective Action Class filed by Old Dominion Freight Line, Inc.. (Lacks, Monica) |
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Tuesday, March 16, 2021 | ||
order
Order on Motion to excuse appearance
Tue 03/16 11:20 AM
Order [non-document]: Defendant's motion to excuse lead counsel from the April 16, 2021 mediation conference (ECF Doc.27 ) is GRANTED. Magistrate Judge Thomas M. Parker on 3/16/2021. (D,JJ) |
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Monday, March 15, 2021 | ||
28 | 28
resp
Opposition
Mon 03/15 2:37 PM
Opposition to25 Motion to strike Portions of Plaintiff's Reply in Support of Motion to Conditionally Certify a Collective Action Class filed by Eileen Rizk. (Wade-Kilts, Claire) |
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27 | 27
motion
Excuse Appearance
Mon 03/15 9:41 AM
Motion to excuse appearance of Lead Counsel at Mediation Conference filed by Defendant Old Dominion Freight Line, Inc.. (Lacks, Monica) |
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Monday, March 08, 2021 | ||
26 | 26
resp
Reply
Mon 03/08 10:00 AM
Reply in support of20 Motion for leave to Limit Any Collective Action Class to Ohio Employees filed by Old Dominion Freight Line, Inc..(Lacks, Monica) |
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Att: 1 Exhibit Hanna v. Marriott Opinion | ||
Friday, March 05, 2021 | ||
25 | 25
motion
Strike
Fri 03/05 11:07 AM
Motion to strike Portions of Plaintiff's Reply in Support of Motion to Conditionally Certify a Collective Action Class filed by Defendant Old Dominion Freight Line, Inc.. Related document(s)24 .(Lacks, Monica) |
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Att: 1 Exhibit Notice of Deposition Pursuant to Fed R 30(b)(6) | ||
Wednesday, March 03, 2021 | ||
oth_evt
Notice of Hearing or Conference
Wed 03/03 3:05 PM
IMPORTANT Notice [non-document]: Ex-parte Telephone Conference with counsel for PLAINTIFF set for 4/13/2021 at 01:00 PM to be held before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conference with counsel for DEFENDANT set for 4/13/2021 at 02:00 PM to be held before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to the parties separately. Related document(s)21 . (D,JJ) |
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Monday, March 01, 2021 | ||
24 | 24
resp
Reply
Mon 03/01 9:54 PM
Reply in support of12 Motion for class certification (Conditional Collective Certification) filed by Eileen Rizk.(Wade-Kilts, Claire) |
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Att: 1 Exhibit Exhibit 1: Job description | ||
23 | 23
notice
Notice (atty event)
Mon 03/01 8:48 PM
NOTICE OF FILING OF DEPOSITION TRANSCRIPT filed by Eileen Rizk.(Wade-Kilts, Claire) |
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Att: 1 Exhibit deposition transcript | ||
22 | 22
resp
Opposition
Mon 03/01 2:18 PM
Opposition to20 Motion for leave to Limit Any Collective Action Class to Ohio Employees filed by Eileen Rizk. (Wade-Kilts, Claire) |
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Tuesday, February 23, 2021 | ||
21 | 21
6
pgs
order
Order
Tue 02/23 2:39 PM
Order Setting Mediation Conference : Mediation conference to be held on 4/16/2021 at 10:00 AM to be held before Magistrate Judge Thomas M. Parker. The mediation conference will be held by video conference. Instructions for participating via video conference will be emailed to the parties separately. Counsel shall contact the magistrate judge's courtroom deputy via email to schedule an ex-parte telephone conference. See Order for additional information and requirements. Magistrate Judge Thomas M. Parker on 2/23/2021. (D,JJ) |
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Thursday, February 18, 2021 | ||
order
Order of Referral to Judicial Officer for Mediation or Settlement
Thu 02/18 4:32 PM
Order referring case to Magistrate Judge Thomas M. Parker for mediation. Judge J. Philip Calabrese on 2/18/2021. (Y,A) |
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Monday, February 15, 2021 | ||
20 | 20
7
pgs
motion
Leave
Mon 02/15 9:29 AM
Motion for leave to Limit Any Collective Action Class to Ohio Employees filed by Defendant Old Dominion Freight Line, Inc..(Lacks, Monica) |
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Att: 1 Exhibit Williams Declaration | ||
19 | 19
25
pgs
resp
Opposition
Mon 02/15 9:23 AM
Opposition to12 Motion for class certification (Conditional Collective Certification) filed by Old Dominion Freight Line, Inc..(Lacks, Monica) |
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Att: 1 Exhibit Williams Declaration, | ||
Att: 2 Exhibit Dye Declaration, | ||
Att: 3 Exhibit Trent Declaration, | ||
Att: 4 Exhibit Barnett Declaration, | ||
Att: 5 5 pgs Exhibit Turner Declaration, | ||
Att: 6 Exhibit Jones Declaration, | ||
Att: 7 Exhibit Savala Declaration, | ||
Att: 8 Exhibit Wood Declaration, | ||
Att: 9 Exhibit Harrera Declaration, | ||
Att: 10 30 pgs Exhibit Rizk Deposition | ||
Monday, February 08, 2021 | ||
18 | 18
motion
Leave
Mon 02/08 12:01 PM
Unopposed Motion for leave to File Opposition to Plaintiff's Motion to Conditionally Certify an FLSA Collective Action in Excess of 15 Page Limit filed by Defendant Old Dominion Freight Line, Inc.. Related document(s)12 . (Lacks, Monica) |
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order
Order on Motion for leave
Mon 02/08 1:38 PM
Order [non-document]: For good cause shown and pursuant to Local Rule 7.1(f), Defendant's Unopposed Motion for Leave to File Opposition to Plaintiff's Motion to Conditionally Certify An FLS Collective Action in Excess of 15-Page Limit (ECF No.18 ) is granted. Therefore, Defendant's Brief in Opposition shall not exceed 17 pages. SO ORDERED . Judge J. Philip Calabrese on 2/8/2021. (Y,A) |
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Thursday, February 04, 2021 | ||
order
Order
Thu 02/04 10:37 AM
Order [non-document]: The parties advised the Court that the Telephone Status Conference scheduled for February 18, 2021 at 12:00 p.m. is not necessary at this time. Therefore, the telephone conference is cancelled. SO ORDERED . Judge J. Philip Calabrese on 2/4/2021. (Y,A) |
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Monday, February 01, 2021 | ||
oth_evt
Notice of Hearing or Conference
Mon 02/01 2:04 PM
IMPORTANT: Notice [non-document]: The Status Conference previously set for 2/16/2021 at 12:00 PM has been RESET for 2/18/2021 at 12:00 PM to be held telephonically before Judge J. Philip Calabrese. The Court will provide dial-in information to counsel via email. (Y,A) |
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Wednesday, January 20, 2021 | ||
order
Order
Wed 01/20 9:51 AM
Order [non-document]: Telephone Status Conference scheduled for January 20, 2021 at 4:00 PM. The parties are directed to use the dial-in information previously emailed to the parties. SO ORDERED . Judge J. Philip Calabrese on 1/20/2021. (Y,A) |
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order
Minute Order _ Telephone Conference
Wed 01/20 4:29 PM
Minute Order [non-document]: Telephone Status Conference held on January 20, 2021. Claire Wade-Kilts appeared for Plaintiff. Monica Lacks appeared for Defendant. The parties discussed the merits of Defendant's Motion for Extension of Time to Oppose Conditional Class Certification. For good cause shown, the Court GRANTS Defendant's Motion for Extension (ECF No.17 ). Therefore, Defendant shall have until February 15, 2021 to Oppose Plaintiff's Motion for Class Certification. Plaintiff shall have until March 1, 2021 to reply. The remaining dates in the Court's previous Order, dated December 10, 2020, remain in effect. SO ORDERED . Judge J. Philip Calabrese on 1/20/2021. Time: 7 minutes (Y,A) |
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Tuesday, January 19, 2021 | ||
17 | 17
4
pgs
motion
Extension (other)
Tue 01/19 12:03 PM
Motion for extension of time until February 15, 2021 to Oppose Conditional Class Certification filed by Defendant Old Dominion Freight Line, Inc.. Related document(s)12 . (Lacks, Monica) |
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Thursday, December 17, 2020 | ||
16 | 16
answer
Answer to Amended Complaint
Thu 12/17 10:12 AM
Answer to11 Amended complaint filed by Old Dominion Freight Line, Inc.. (Lacks, Monica) |
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Monday, December 14, 2020 | ||
oth_evt
Reassignment of Case - Creation of Calabrese Docket
Mon 12/14 1:28 PM
Order (non-document) of case reassignment to Judge J. Philip Calabrese pursuant to General Order 2020-27. Chief Judge Patricia A. Gaughan on December 7, 2020. (S,SR) |
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Thursday, December 10, 2020 | ||
15 | 15
1
pgs
order
Order
Fri 12/11 12:54 PM
Order signed by Judge James S. Gwin on 12/10/2020 that plaintiff shall identify experts, if any, by January 11, 2021. The defendant is to identify experts, if any, by January 25, 2021. (S,KM) |
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14 | 14
order
Case Management Conference Plan/Order
Fri 12/11 12:52 PM
Case Management Conference Plan/Order signed by Judge James S. Gwin on 12/10/2020. Case is assigned to the standard track.Parties to be Joined and Pleading Amendments due by 12/10/2020. Opposition to Collection Action Certification due by 2/1/2021, with replies due 2/15/2020. Dispositive Motions due by 3/1/2021, with Responses due 3/15/2021 and Replies due by 3/22/2021. Discovery due by 5/10/2021. Status Conference set for 2/16/2021 at 12:00 PM to be held by video conference (Cleveland) before Judge James S. Gwin. Pretrial Conference set for 5/25/2021 at 12:00 PM in Chambers 18A before Judge James S. Gwin. Jury Trial assigned on a two week stand-by basis beginning on 5/31/2021 at 08:00 AM in Courtroom 18A before Judge James S. Gwin.(S,KM) |
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13 | 13
minutes
Case Management Conference
Fri 12/11 12:46 PM
Minutes of Case Management Conference before Judge James S. Gwin held on 12/10/2020. (Court Reporter: None;Time: 1 hour) (S,KM) |
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12 | 12
16
pgs
motion
Class Certification
Thu 12/10 9:36 AM
Motion for class certification (Conditional Collective Certification) filed by Plaintiff Eileen Rizk.(Wade-Kilts, Claire) |
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Att: 1 Exhibit Proposed Notice, | ||
Att: 2 3 pgs Exhibit Declaration, | ||
Att: 3 Exhibit Proposed Email, | ||
Att: 4 Exhibit Consent to join | ||
Wednesday, December 09, 2020 | ||
11 | 11
11
pgs
cmp
Amended Complaint
Wed 12/09 1:33 PM
First Amended complaint against Old Dominion Freight Line, Inc.. Filed by Eileen Rizk. (Wade-Kilts, Claire) |
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Wednesday, November 04, 2020 | ||
10 | 10
notice
Report of Parties Planning Meeting (atty event)
Wed 11/04 2:23 PM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Old Dominion Freight Line, Inc.. (Lacks, Monica) |
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Monday, October 26, 2020 | ||
9 | 9
answer
Answer to Complaint
Mon 10/26 1:34 PM
Amended Answer to1 Complaint, filed by Old Dominion Freight Line, Inc.. (Lacks, Monica) |
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Friday, October 23, 2020 | ||
8 | 8
order
Case Management Conference Scheduling Order
Fri 10/23 3:27 PM
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 10/23/2020 setting a case management conference on 12/10/2020 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. IMPORTANT: The Court requires the attendance of 1) all parties, 2) lead counsel, and 3) a representative with full settlement authority(S,KM) |
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Att: 1 Appendix 1. Parties' Planning Meeting Report, | ||
8 | 8
order
Case Management Conference Scheduling Order
Fri 10/23 3:27 PM
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 10/23/2020 setting a case management conference on 12/10/2020 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. IMPORTANT: The Court requires the attendance of 1) all parties, 2) lead counsel, and 3) a representative with full settlement authority(S,KM) |
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Att: 2 Appendix 2. Local Rule 30.1 | ||
Att: 1 Appendix 1. Parties' Planning Meeting Report, | ||
Att: 2 Appendix 2. Local Rule 30.1 | ||
Thursday, October 22, 2020 | ||
7 | 7
answer
Answer to Complaint
Thu 10/22 9:59 AM
Answer to1 Complaint, filed by Old Dominion Freight Line, Inc.. (Lacks, Monica) |
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Wednesday, September 23, 2020 | ||
order
Order on Motion for extension of time to answer
Wed 09/23 11:46 AM
Order [non-document] entered by Judge James S. Gwin on 9/23/2020 granting5 Motion for Extension of Time to Answer. Old Dominion Freight Line, Inc. answer due 10/22/2020.(S,KM) |
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Monday, September 21, 2020 | ||
6 | 6
notice
Corporate Disclosure Statement (atty event)
Mon 09/21 11:50 AM
Corporate Disclosure Statement filed by Old Dominion Freight Line, Inc.. (Lacks, Monica) |
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5 | 5
motion
Extension (answer complaint)
Mon 09/21 11:48 AM
Stipulated Motion for extension of time until October 22, 2020 to answer filed by Defendant Old Dominion Freight Line, Inc.. Related document(s)1 .(Lacks, Monica) |
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Att: 1 Proposed Order | ||
4 | 4
notice
Attorney Appearance (atty event)
Mon 09/21 11:43 AM
Attorney Appearance by Rebecca J. Bennett filed by on behalf of Old Dominion Freight Line, Inc.. (Bennett, Rebecca) |
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Wednesday, September 09, 2020 | ||
3 | 3
service
Return of Service Executed
Wed 09/09 12:24 PM
Return of Service by Clerk by certified mail executed upon Old Dominion Freight Line, Inc. on 9/3/2020, filed on behalf of Eileen Rizk. Related document(s)2 . (L,Br) |
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Wednesday, August 26, 2020 | ||
oth_evt
Service by Clerk
Wed 08/26 12:36 PM
Service by Clerk. Summons and Complaint addressed to Old Dominion Freight Line, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 7020 0640 0000 4643 2594. (J,G) |
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Friday, August 21, 2020 | ||
2 | 2
oth_evt
Summons Issued
Fri 08/21 1:41 PM
Original Summons and Magistrate Consent Form issued to counsel for service upon Old Dominion Freight Line, Inc. (L,MI) |
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Att: 1 Magistrate Consent Form | ||
1 | 1
13
pgs
cmp
Complaint
Fri 08/21 12:18 PM
Complaint with jury demand against Old Dominion Freight Line, Inc. Filing fee paid $ 400, Receipt number AOHNDC-10205187. Filed by Eileen Rizk. (Wade-Kilts, Claire) |
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Att: 1 3 pgs Civil Cover Sheet, | ||
Att: 2 2 pgs Summons, | ||
Att: 3 1 pgs Consent Form | ||
utility
Add and Terminate Judge
Fri 08/21 1:35 PM
Judge James S. Gwin assigned to case. (L,MI) |
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oth_evt
Random Assignment of Magistrate Judge
Fri 08/21 1:37 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (L,MI) |