Harrington v. Plehn-Dujowich, et al

Ohio Northern District Court
Judge:	Pamela A Barker
Case #:	1:21-cv-00960
Nature of Suit	710 Labor - Fair Labor Standards Act
Cause	29:201 Fair Labor Standards Act

Case Filed:	May 08, 2021
Terminated:	Feb 15, 2022

Last checked: Thursday Nov 04, 2021 5:51 AM EDT

Defendant Bizqualify, LLC
Defendant Brightquery, Inc. 2901 West Coast Highway, Ste 200 Newport Beach, CA 92663
Defendant Jose M. Plehn-Dujowich
Plaintiff Kirk Harrington	Represented By Christopher P. Wido Spitz Law Firm contact info

	GPO Feb 15 2022 Memorandum Opinion and Order: For the reasons stated in this Order, Plaintiff's Motion for Default Judgment (Doc. No. 19) is GRANTED IN PART AND DENIED IN PART. Judge Pamela A. Barker on 2/15/2022. (P,K)
	GPO Jan 08 2025 Memorandum Opinion and Order granting Plaintiff's Motion to Correct the Name of the Defendant (Doc. No. 27). The Court shall issue an Amended Default Judgment in accordance with this Opinion that provides that judgment is against John Marcial Plehn a/k/a Jose Marcial Plehn. Judge Pamela A. Barker on 1/8/2025.(P,K)

Docket last updated: 1 hours ago

Thursday, February 27, 2025
31		31 oth_evt Certificate of Judgment for Registration in Another District Thu 02/27 5:03 PM Certificate of Judgment for Registration in Another District issued on 2/27/2025 as to Defendant John Marcial Plehn a/k/a Jose Marcial Plehn who was previously referenced as Jose M. Plehn-Dujowich a/k/a Jose M. Plehn in the amount of $73,151.96. Related document(s)29 ,28 . (W,CM) Related: [-]
		Att: 1 Judgment
Wednesday, February 19, 2025
30		30 oth_doc Praecipe Wed 02/19 12:12 PM Praecipe for issuance of Certificate of Judgment for Registration in Another District $ 11.00 certification fee paid, receipt number AOHNDC-12963248 filed by Kirk Harrington. (Weltman, Robert) Related: [-]
Wednesday, January 08, 2025
29		29 order Default Judgment Wed 01/08 3:55 PM Amended Default Judgment in Plaintiff's favor against Defendants, including Defendant John Marcial Plehn a/k/a Jose Marcial Plehn who was previously referenced as Jose M. Plehn-Dujowich a/k/a Jose M. Plehn, for $55,184.57 in damages and $17,967.39 in attorneys fees and costs, for a combined total of $73,151.96. Judge Pamela A. Barker on 1/8/2025. (P,K) Related: [-]
28		28 4 pgs order Order on Motion for order Wed 01/08 2:25 PM Memorandum Opinion and Order granting Plaintiff's Motion to Correct the Name of the Defendant (Doc. No.27 ). The Court shall issue an Amended Default Judgment in accordance with this Opinion that provides that judgment is against John Marcial Plehn a/k/a Jose Marcial Plehn. Judge Pamela A. Barker on 1/8/2025.(P,K) Related: [-]
		oth_evt Remark re Pro Se Service Mon 01/13 3:03 PM Copy of29 Default Judgment and28 MOO mailed to Jose Plehn-Dujowich at 18675 Ambrose Lane Huntington Beach, California, 92648; also mailed to Bright Query, Inc. at 1954 Placentia Ave #208 Costa Mesa, California, 92627 on 1/13/2025. (P,K) Related: [-]
Tuesday, November 19, 2024
27		27 4 pgs motion Order Tue 11/19 11:40 AM Motion Motion to Correct Record filed by Plaintiff Kirk Harrington.(Weltman, Robert) Related: [-]
		Att: 1 Exhibit Exhibit 1 - Docket,
		Att: 2 Exhibit Exhibit 2 - Deed of Trust,
		Att: 3 Exhibit Exhibit 3 - case law
Thursday, October 20, 2022
26		26 oth_evt Certificate of Judgment Lien Upon Lands and Tenements Thu 10/20 10:51 AM Certificate of Judgment Lien Upon Lands and Tenements received from Cuyahoga County Court of Common Pleas, Case No. JL22110776, entered on 9/20/2022 against Jose M. Plehn-Dujowich, Brightquery, Inc. and Bizqualify, LLC, joint and severally in the amount of $55,184.57 in damages and $17,967.39 in attorney's fees and costs for a combined total of $73,151.96. Related document(s)25 . (R,AP) Related: [-]
		Att: 1 Envelope
Friday, September 09, 2022
25		25 oth_evt Certificate of Judgment Lien Upon Lands and Tenements Fri 09/09 10:21 AM Certificate of Judgment Lien Upon Lands and Tenements issued on 9/9/22 as to Jose M. Plehn-Dujowich, Brightquery, Inc. and Bizqualify, LLC. in the amount of $55,184.57 in damages and $17,967.39 in attorneys fees and costs for a combined total of $73,151.96. Related document(s)24 . (L,Br) Related: [-]
		Att: 1 Judgment
24		24 oth_doc Praecipe Fri 09/09 7:18 AM Praecipe for issuance of Certificate of Judgment Lien Upon Lands and Tenements $ 11.00 certification fee paid, receipt number BOHNDC-11606990 filed by Kirk Harrington. (Weltman, Robert) Related: [-]
Tuesday, February 15, 2022
23		23 order Judgment Tue 02/15 11:37 AM Judgment Entry is entered in Plaintiff's favor against Defendants for $55,184.57 in damages and $17,967.39 in attorney's fees and costs, for a combined total of $73,151.96. Judge Pamela A. Barker on 2/15/2022. (P,K) Related: [-]
22		22 minutes ~Util - Terminate Motions Memorandum Opinion and Order Tue 02/15 11:31 AM Memorandum Opinion and Order: For the reasons stated in this Order, Plaintiff's Motion for Default Judgment (Doc. No.19 ) is GRANTED IN PART AND DENIED IN PART. Judge Pamela A. Barker on 2/15/2022. (P,K) Related: [-]
Tuesday, February 08, 2022
		oth_evt Remark re Pro Se Service Tue 02/08 11:48 AM Copy of21 Default Judgment mailed to Defendant Jose M. Plehn-Dujowich at 15526 Oceanside Way San Leandro, CA 94579 on 2/8/2022. Related document(s)21 . (M,CE) Related: [-]
Monday, February 07, 2022
21		21 order Default Judgment Mon 02/07 2:30 PM Related: [-]
20		20 notice Application to Enter Default Mon 02/07 11:32 AM Application to Clerk for entry of default against Jose Plehn, a.k.a Jose M. Plehn-Dujowich filed by Kirk Harrington.(Wido, Christopher) Related: [-]
		Att: 1 Affidavit Declaration of Chris P. Wido, Esq.
Friday, February 04, 2022
		order Order Fri 02/04 3:01 PM Order [non-document] Currently pending before this Court is Kirk Harrington's Motion for Default Judgment. (Doc. No.19 .) In reviewing Harrington's Motion, the Court observes that Harrington has not obtained an entry of default against Defendant Jose Plehn-Dujowich from the Clerk of Court as contemplated by Fed. R. Civ. P. 55(a). To obtain a default judgment under Fed. R. Civ. P. 55(b), there must first be an entry of default under Fed. R. Civ. P. 55(a) with the Clerk. Harrington v. Delta Career Educ. Corp., No. 2:17-cv-736, 2018 WL 3080450, at 2 (S.D. Ohio June 22, 2018); Papalios v. Gen. Motors, LLC, No. 4:16-cv-2234, 2016 WL 11045056, at 1 (N.D. Ohio Nov. 21, 2016) (I"t is well settled that an entry of default is a prerequisite to entry of a default judgment under Rule 55(b).)". Therefore, Harrington is directed to submit an appropriate application for entry of default against defendant Plehn-Dujowich and an affidavit in support thereof within 10 days of this Order. Judge Pamela A. Barker on 2/4/2022. (P,K) Related: [-]
Tuesday, October 26, 2021
19		19 motion Default Judgment (Motion for) Tue 10/26 4:10 PM Motion for default judgment against Defendants Bright Query, Inc. and Jose Plehn-Dujowich (a.k.a Jose Plehn) filed by Plaintiff Kirk Harrington.(Wido, Christopher) Related: [-]
		Att: 1 Affidavit Declaration of Kirk Harrington,
		Att: 2 Exhibit Website abstract,
		Att: 3 Declaration of Chris P. Wido, Esq.
Monday, October 25, 2021
18		18 notice Notice of Service (atty event) Mon 10/25 10:03 AM Notice of Service of Complaint on Jose Plehn filed by All Plaintiffs.(Wido, Christopher) Related: [-]
		Att: 1 Exhibit Proof of Service
Thursday, August 26, 2021
		order Order on Motion to extend deadlines Thu 08/26 9:23 AM Order [non-document] granting17 Plaintiff's Motion for extension of to file Defualt Judgment Motion against Defendant Brightquery, Inc. until October 27, 2021. Judge Pamela A. Barker on 8/26/2021.(P,K) Related: [-]
Wednesday, August 25, 2021
17		17 motion Extension (of deadlines) Wed 08/25 2:53 PM Motion for extension of to file Defualt Judgment Motion against Defendant Brightquery, Inc. until October 27, 2021 filed by Plaintiff Kirk Harrington. Related document(s)16 . (Wido, Christopher) Related: [-]
Thursday, August 19, 2021
16		16 1 pgs order Order to Show Cause Thu 08/19 11:22 AM Order to Show Cause. For the reasons set forth in the Order, if Plaintiff desires to file a Motion for Default Judgment, it must do so within 21 days of the date of this Order or show cause why Defendant Brightquery, Inc. should not be dismissed without prejudice. Judge Pamela A. Barker on 8/19/2021. (W,CM) Related: [-]
Monday, July 19, 2021
15		15 notice Status Report (atty event) Mon 07/19 10:17 AM Status Report - response to Court Order regarding Service filed by Kirk Harrington. (Wido, Christopher) Related: [-]
14		14 oth_evt Summons Issued Mon 07/19 10:04 AM Alias Summons issued to counsel for service upon Bizqualify, LLC, Jose M. Plehn-Dujowich (2 addresses). (S,SR) Related: [-]
		order Order Mon 07/19 4:13 PM Order [non-document] Plaintiff's request for a 60 day extension of the time to serve Defendants Plehn-Dujowich and Bizqualify is granted. Plaintiff must perfect service on Plehn-Dujowich and Bizqualify by October 5, 2021. Judge Pamela A. Barker on 7/19/2021. (P,K) Related: [-]
Friday, July 16, 2021
13		13 oth_doc Praecipe Fri 07/16 10:54 AM Praecipe for issuance of Alias Summons filed by All Plaintiffs.(Wido, Christopher) Related: [-]
		Att: 1 Summons,
		Att: 2 Exhibit Request for Service
Wednesday, July 14, 2021
12		12 oth_evt Default Entered Wed 07/14 2:37 PM Default Entered on 7/14/2021 against Brightquery, Inc. on behalf of Sandy Opacich, Clerk of Court, by Kimberly Perhacs, Courtroom Deputy. (P,K) Related: [-]
11		11 notice Application to Enter Default Wed 07/14 9:09 AM Application to Clerk for entry of default against Brightquery, Inc. filed by Kirk Harrington.(Wido, Christopher) Related: [-]
		Att: 1 Affidavit of Chris P. Wido,
		Att: 2 Filing documents for Brightquery, Inc.
		oth_evt Remark re Pro Se Service Wed 07/14 2:39 PM Copy of12 Default Entered mailed to Brightquery, Inc. at 901 West Coast Highway, Ste 200, Newport Beach, CA 92663 on 7/14/2021. (P,K) Related: [-]
Wednesday, July 07, 2021
10		10 1 pgs order Order Wed 07/07 3:29 PM Order to Show Cause: For the reasons set forth in this Order, Plaintiff shall submit an appropriate application for entry of default and an affidavit in support thereof, or show cause why said Defendant should not be dismissed for want of prosecution. (P,K) Related: [-]
Tuesday, June 29, 2021
9		9 service Return of Service Unexecuted Tue 06/29 1:30 PM Return of Service by Clerk unexecuted upon Bizqualify, LLC c/o Jose M. Plehn-Dujowich (Statutory Agent). Service attempted by certified mail on 5/25/21 (via USPS website) filed on behalf of Kirk Harrington. Related document(s)4 . (L,Br) Related: [-]
8		8 service Return of Service Unexecuted Tue 06/29 1:25 PM Return of Service by Clerk unexecuted upon Jose M. Plehn-Dujowich. Service attempted by certified mail on 5/22/21 (via USPS website) filed on behalf of Kirk Harrington. Related document(s)4 . (L,Br) Related: [-]
Thursday, June 03, 2021
7		7 service Return of Service Executed Thu 06/03 1:15 PM Return of Service by Clerk by certified mail executed upon Brightquery, Inc. on 5/24/2021, filed on behalf of Kirk Harrington Related document(s)4 . (T,A) Related: [-]
Wednesday, June 02, 2021
6		6 service Return of Service Unexecuted Wed 06/02 1:03 PM Return of Service by Clerk unexecuted upon Brightquery Inc. Service attempted by certified mail on 5/28/21 filed on behalf of Kirk Harrington. Related document(s)4 . (L,Br) Related: [-]
Tuesday, June 01, 2021
5		5 service Return of Service Executed Tue 06/01 4:15 PM Return of Service by Clerk by certified mail executed upon Brightquery, Inc. (Incorporating Services, Ltd. Statutory Agent) on 5/26/2021, filed on behalf of Kirk Harrington Related document(s)4 . (T,A) Related: [-]
Wednesday, May 19, 2021
		oth_evt Service by Clerk Wed 05/19 2:52 PM Service by Clerk. Summons and Complaint addressed to Bizqualify, LLC Related [+], Brightquery, Inc., Jose M. Plehn-Dujowich, and Incorporating Services, LTD Statutory Agent placed in U.S. Mail. Type of service: certified mail. (L,Br) Related: [-] ceipt # 7019 1120 0001 5155 7979ceipt # 7019 0700 0001 8423 9296ceipt # 7019 0700 0001 8423 9289ceipt # 7019 1120 0001 5155 7962
Monday, May 17, 2021
4		4 oth_evt Summons Issued Mon 05/17 8:51 AM Original Summons issued to counsel for service upon Bizqualify, LLC, Brightquery, Inc., Jose M. Plehn-Dujowich. (S,SR) Related: [-]
Friday, May 14, 2021
3		3 oth_doc Praecipe Fri 05/14 2:29 PM Praecipe for issuance of Original Summons filed by Kirk Harrington.(Wido, Christopher) Related: [-]
		Att: 1 Supplement Request for Service by the Clerk,
		Att: 2 Summons x4
Monday, May 10, 2021
2		2 oth_evt Summons Issued Mon 05/10 10:09 AM Original Summons and Magistrate Consent Form issued to counsel for service upon all Defendants. (M,MT) Related: [-]
		Att: 1 Magistrate Consent Form
		utility Add and Terminate Judge Mon 05/10 9:50 AM Judge Pamela A. Barker assigned to case. (M,MT) Related: [-]
		oth_evt Random Assignment of Magistrate Judge Mon 05/10 9:50 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 Jonathan D. Greenberg. (M,MT) Related: [-]
Saturday, May 08, 2021
1		1 21 pgs cmp Complaint Sat 05/08 3:04 PM Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-10823328.. Filed by Kirk Harrington. (Wido, Christopher) Related: [-]
		Att: 1 Civil Cover Sheet Civil Cover Sheet,
		Att: 2 Summons x4

Continue to Create Account