Lane v. S.A. Comunale Co., Inc. et al
Ohio Northern District Court | |
Judge: | Benita Y Pearson |
Case #: | 5:21-cv-01085 |
Nature of Suit | 442 Civil Rights - Employment |
Cause | 42:12131 Americans with Disabilities |
Case Filed: | May 26, 2021 |
Terminated: | Mar 28, 2023 |
Last checked: Monday Nov 22, 2021 5:07 AM EST |
Defendant
Stephen Comunale
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Represented By
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Defendant
Emcor Group, Inc.
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Represented By
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Defendant
Joseph R. Fowler, IV
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Represented By
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Defendant
Amy Hendricks
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Represented By
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Defendant
S.A. Comunale Co., Inc.
2900 Newpark Drive
Norton, OH 44203 |
Represented By
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Plaintiff
Micheal M. Lane
1142 Hardesty Blvd.
Akron, OH 44320 |
Represented By
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Docket last updated: 3 hours ago |
Monday, May 08, 2023 | ||
42 | 42
1
pgs
order
Order on Motion for costs
Mon 05/08 11:29 AM
Order For good cause shown, Defendant S.A. Comunale Co., Inc.'s Motion to Tax Costs (ECF No.41 ) as a prevailing party in this matter is granted. The Clerk of Court is directed to tax costs of $1,630.05 against Plaintiff Micheal M. Lane for the cost of Plaintiff's deposition as provided in the Bill of Costs (ECF No.41 -1) and Invoice (ECF No.41 -2. Judge Benita Y. Pearson on 5/8/2023. (JLG) |
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Tuesday, April 11, 2023 | ||
41 | 41
motion
Costs
Tue 04/11 12:36 PM
Motion to Tax Costs filed by Defendant S.A. Comunale Co., Inc..(Hofstetter, John) Modified on 4/11/2023 (G,M) |
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Att: 1 3 pgs Bill of Costs, | ||
Att: 2 Declaration of John Hofstetter in Support of Defendant's Bill of Costs | ||
Tuesday, March 28, 2023 | ||
40 | 40
order
Judgment
Tue 03/28 12:04 PM
Judgment Entry Having filed its Memorandum of Opinion and Order, the Court hereby enters judgment in favor of Defendants S.A. Comunale Co., Inc., Joseph R. Fowler, Amy Hendricks, EMCOR Group Inc., and Stephen A. Comunale against Plaintiff Micheal M. Lane on the Complaint (ECF No.1 ). This Judgment Entry constitutes entry of judgment pursuant to Fed. R. Civ. P. 58. Judge Benita Y. Pearson on 3/28/2023. (JLG) |
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39 | 39
28
pgs
order
Memorandum Opinion and Order
Tue 03/28 12:02 PM
Memorandum of Opinion and Order Defendants' Objection to Shannon Lacy's Undated Notes as Evidence (ECF No.35 ) is sustained, and Defendants' Motion to Strike Shannon Lacy's Undated Notes as Evidence (ECF No.35 ) is granted. Viewing Plaintiff's probative evidence and all reasonable inferences drawn therefrom in the light most favorable to Plaintiff, the Court concludes that there is no genuine issue of material fact and the movants are entitled to a judgment as a matter of law. For the foregoing reasons and those that have been articulated in the memoranda of the points and authorities on which S.A. Comunale Co., Inc., Joseph R. Fowler, Amy Hendricks, EMCOR Group, Inc., and Stephen A. Comunale rely, Defendants' Motion for Summary Judgment (ECF No.31 ) is granted. Final judgment will be entered in favor of Defendants and against Plaintiff on the Complaint (ECF No.1 ). Judge Benita Y. Pearson on 3/28/2023. (JLG) |
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Monday, August 01, 2022 | ||
38 | 38
resp
Reply
Mon 08/01 12:22 PM
Reply in support of35 Motion to strike Shannon Lacy's Undated Notes as Evidence filed by S.A. Comunale Co., Inc.. (Hiller, Jeffrey) |
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Monday, July 18, 2022 | ||
37 | 37
oth_doc
Supplement (court event)
Mon 07/18 11:31 AM
Supplement to33 Opposition to31 Motion for summary judgment filed by Micheal M. Lane. (unsigned) (O,K) |
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Tuesday, July 12, 2022 | ||
36 | 36
resp
Reply
Tue 07/12 5:03 PM
Reply in support of31 Motion for summary judgment filed by All Defendants.(Hiller, Jeffrey) |
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Att: 1 Exhibit A - Hendricks Declaration, | ||
Att: 2 Exhibit B - EEOC Dismissal | ||
35 | 35
motion
Strike
Tue 07/12 4:56 PM
Motion to strike Shannon Lacy's Undated Notes as Evidence filed by Stephen Comunale, Emcor Group, Inc., Joseph R. Fowler, IV, Amy Hendricks, S.A. Comunale Co., Inc..(Hiller, Jeffrey) |
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Att: 1 Exhibit A - Interrogatories to Plaintiff, | ||
Att: 2 Exhibit B - Requests for Production to Plaintiff, | ||
Att: 3 Exhibit C - Plaintiff Discovery Responses | ||
order
Order on Motion for extension of time to file response/reply to motion
Tue 07/12 4:56 PM
Order [non-document] granting as requested Defendants'34 Motion for Extension of Time until 7/13/2022 to File Response/Reply to31 Motion for Summary Judgment. Judge Benita Y. Pearson on 7/12/2022. (JLG) |
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Monday, July 11, 2022 | ||
34 | 34
motion
Extension of Time to File Response/Reply to Motion
Mon 07/11 10:56 AM
Motion for extension of time until July 13, 2022 to file response/reply to31 Motion for summary judgment filed by Stephen Comunale, Emcor Group, Inc., Joseph R. Fowler, IV, Amy Hendricks, S.A. Comunale Co., Inc.. Related document(s)31 . (Hiller, Jeffrey) |
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Wednesday, June 29, 2022 | ||
33 | 33
resp
Opposition
Wed 06/29 7:33 PM
Opposition to31 Motion for summary judgment filed by Micheal M. Lane.(Miller, Justin) |
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Att: 1 Appendix Shannon Lacy Declaration, | ||
Att: 2 Appendix Micheal Lane Declaration | ||
Thursday, June 23, 2022 | ||
order
Order on Motion for extension of time to file response/reply to motion
Thu 06/23 8:25 PM
Order [non-document] The parties'32 Stipulation and Joint Motion to Extend Dispositive Motion Opposition and Reply Deadlines is granted in part as follows. Plaintiff is granted an extension of time to file a response to Defendants' Motion for Summary Judgment until 6/29/2022. Defendants' motion for extension of time to file a reply brief until 7/18/2022 is denied. Defendant shall have until 7/12/2022 to file a reply brief, in accordance with Local Rule 7.1. Judge Benita Y. Pearson on 6/23/2022. (JLG) |
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Tuesday, June 14, 2022 | ||
32 | 32
motion
Extension (of deadlines)
Tue 06/14 4:21 PM
Stipulated Motion for extension of Response to MSJ until June 29, 2022 filed by Plaintiff Micheal M. Lane. Related document(s)31 . (Miller, Justin) |
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Monday, May 16, 2022 | ||
31 | 31
motion
Summary Judgment
Mon 05/16 6:10 PM
Motion for summary judgment filed by Defendant S.A. Comunale Co., Inc..(Hiller, Jeffrey) |
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Att: 1 Brief in Support Memorandum in Support of Defendants' Motion for Summary Judgment, | ||
Att: 2 Exhibit A - Declaration of Amy Hendricks, | ||
Att: 3 Exhibit B - Deposition of Micheal Lane, | ||
Att: 4 Exhibit C - Declaration of JR Fowler, | ||
Att: 5 Exhibit D - Declaration of Stephen Comunale, | ||
Att: 6 Exhibit E - EEOC Charge of Micheal Lane | ||
30 | 30
notice
Stipulation (atty event)
Mon 05/16 5:40 PM
Joint Proposed Stipulation of Material Facts filed by S.A. Comunale Co., Inc.. (Hofstetter, John) |
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Wednesday, March 02, 2022 | ||
29 | 29
1
pgs
order
Order on Motion to extend deadlines
Thu 03/03 10:45 AM
Order: For the reasons set forth herein, ECF.28 Joint Motion for extension of Discovery Deadline until 4/5/2022 is hereby granted. Fact discovery shall be completed on or before 4/5/2022. Notwithstanding this Order, the schedule imposed in the Case Management Plan/Order (ECF.19 ) remains in full effect. Judge Benita Y. Pearson on 3/2/2022.(G,M) |
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Tuesday, March 01, 2022 | ||
28 | 28
motion
Extension (of deadlines)
Tue 03/01 12:14 PM
Joint Motion for extension of Discovery Deadline until April 5, 2022 filed by Defendant S.A. Comunale Co., Inc.. (Hofstetter, John) |
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Wednesday, January 12, 2022 | ||
minutes
Status Conference
Thu 01/13 12:08 PM
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 1/12/2022. Present were Attorney Justin C. Miller as counsel for Plaintiff; and Attorneys Jeffrey S. Hiller and John W. Hofstetter as counsel for Defendants. The parties discussed discovery, dispositive motions, and Plaintiff's current employment status. Both Plaintiff and Defendants' counsel expressed willingness to engage in continued settlement discussions, as well as alternative dispute resolution. (Court Reporter: None); Time: 12 Minutes. (JLG) |
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Thursday, January 06, 2022 | ||
27 | 27
minutes
Mediation Conference ~Util - Terminate Referral
Thu 01/06 4:47 PM
Minutes of proceedings before Magistrate Judge Amanda M. Knapp. Mediation Conference held on 1/6/2022. Case did not settle. Mediation referral terminated. (Court Reporter: n/a) (Time: 4 hrs.) (S,S) |
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Thursday, December 16, 2021 | ||
26 | 26
notice
Attorney Substitution (atty event)
Thu 12/16 9:33 AM
Notice of Substitution of Counsel removing attorney Kofi A. Semenya and adding attorney John W. Hofstetter filed by on behalf of All Defendants. (Hofstetter, John) |
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Monday, December 06, 2021 | ||
25 | 25
7
pgs
order
Order
Mon 12/06 3:40 PM
Order Setting Mediation Conference for 1/6/2022 at 12:00 p.m. via video conference (Akron) before Magistrate Judge Amanda M. Knapp. Counsel for the parties will receive instructions for connecting to the video conference. Counsel shall provide these instructions to the parties/party representatives so that all required participants are connected to the conference. All parties and their lead counsel are ORDERED TO APPEAR at that time. Counsel should carefully review the requirements of this Order to ensure compliance. Signed by Magistrate Judge Amanda M. Knapp on 12/6/2021. (S,S) |
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24 | 24
minutes
Telephone Conference MJ
Mon 12/06 3:36 PM
Minutes of proceedings before Magistrate Judge Amanda M. Knapp. Telephone Conference held on 12/6/2021. Mediation scheduled for 1/6/2022 at 12:00 p.m., via Zoom videoconference. (Court Reporter: n/a) (Time: 40 min.) (S,S) |
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Wednesday, November 17, 2021 | ||
order
Order
Wed 11/17 10:28 AM
Order [non-document]: The telephone conference scheduled for November 17, 2021 is cancelled due to Plaintiff's counsel's unavailability, and is rescheduled to December 6, 2021 at 1:00 p.m. Bridge line instructions for the conference have been emailed to counsel of record. Magistrate Judge Amanda M. Knapp on 11/17/2021. (S,S) |
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Friday, November 12, 2021 | ||
23 | 23
notice
Attorney Appearance (atty event)
Fri 11/12 10:00 AM
Attorney Appearance by Justin C. Miller filed by on behalf of Micheal M. Lane. (Miller, Justin) |
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Friday, November 05, 2021 | ||
22 | 22
order
Protective Order
Fri 11/05 1:46 PM
Stipulated Protective Order regarding confidential documents. Judge Benita Y. Pearson on 11/5/2021. Related document(s)21 . (JLG) |
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Wednesday, November 03, 2021 | ||
21 | 21
notice
Stipulation (atty event)
Wed 11/03 2:45 PM
Proposed Stipulation STIPULATED PROTECTIVE ORDER filed by All Defendants. (Hiller, Jeffrey) |
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Monday, November 01, 2021 | ||
order
Order
Mon 11/01 10:32 AM
Order [non-document]: In furtherance of the referral for mediation, a telephone conference is scheduled for 11/17/2021 at 10:00 a.m. before Magistrate Judge Amanda M. Knapp. The Courts bridge line will be used for the conference. The bridge line Instructions will be emailed to Plaintiff and counsel for Defendants. Magistrate Judge Amanda M. Knapp on 11/1/2021. (S,S) |
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Wednesday, October 20, 2021 | ||
20 | 20
1
pgs
order
Order of Referral to Judicial Officer for Mediation or Settlement
Wed 10/20 5:50 PM
Order referring case to Magistrate Judge Amanda M. Knapp to conduct a Mediation/Settlement to occur not before 11/19/2021, but not later than 1/18/2022, if possible. Judge Benita Y. Pearson on 10/20/2021. (JLG) |
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19 | 19
order
Case Management Conference Plan/Order
Wed 10/20 5:48 PM
Case Management Conference Plan/Order. Case is assigned to the standard track, and is suitable for Alternative Dispute Resolution (ADR). The case is being referred to Magistrate Judge Amanda M. Knapp for a mediation to occur not before 11/19/2021, and not later than 1/18/2022, if possible. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Discovery shall be completed on or before 4/1/2022. Plaintiff shall provide Defendants with all documentation relevant to job search and mitigation efforts before 11/10/2021. Defendants shall provide Plaintiff with all documentation relevant to the investigation that led to Plaintiff's termination before 11/10/2021. Expert reports on which a party bears the burden of proof are due on or before 2/15/2022, with response reports completed no later than 3/17/2022. Counsel shall comply with LR 37.1, which outlines a process for resolution of discovery disputes. The cutoff for filing dispositive motions is 5/16/2022, with responses filed by 6/15/2022 and replies by 6/29/2022. Written stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court at the time the motion is filed. If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. A Telephonic Status Conference is set for 1/12/2022 at 12:00 p.m. Counsel for Defendants is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. The parties shall file a proposed Stipulated Protective Order on or before 11/3/2021. Judge Benita Y. Pearson on 10/20/2021. (JLG) |
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18 | 18
notice
Bill of costs (atty event)
Wed 10/20 9:01 AM
Bill of costs filed by All Defendants. (Hiller, Jeffrey) |
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oth_evt
Reassignment of Magistrate Judge - MJ Knapp Docket Creation
Wed 10/20 1:45 PM
Reassignment of Magistrate Judge pursuant to General Order 2021-15. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (S,He) |
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minutes
Case Management Conference
Wed 10/20 5:39 PM
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 10/20/2021. Present were Plaintiff Micheal M. Lane, appearing Pro Se ; and Attorneys Jeffrey S. Hiller and Kofi A. Semenya as counsel for Defendants. Also present were Defendant Joseph R. Fowler, IV; and Defendant Amy Hendricks, appearing both individually and as representative for Defendants S.A. Comunale Co., Inc. and Emcor Group, Inc. The parties discussed discovery needs, Plaintiff's damages, and mediation. This case has been referred to Magistrate Judge Amanda M. Knapp for a mediation to conclude not before 11/19/2021 but not later than 1/18/2022. The parties are to file a Stipulated Protective Order within 14 days of the date of this Order. The Court orally ordered Plaintiff to provide Defendant with all documentation relevant to job search and mitigation efforts before 11/10/2021. The Court also ordered Defendants to produce all documentation relevant to the investigation that led to Plaintiff's termination before 11/10/2021. A Telephonic Status Conference is scheduled for 1/12/2022 at 12:00 p.m. A separate Case Management Conference Order will issue. (Court Reporter: Mary Uphold); Time: 1 hour 4 minutes. (JLG) |
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Tuesday, October 19, 2021 | ||
17 | 17
notice
Preliminary Estimate/Budget of Amount of Fees and Expenses (atty event)
Tue 10/19 8:58 PM
Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Micheal M. Lane. (Lane, Micheal) |
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Thursday, October 07, 2021 | ||
16 | 16
notice
Notice of Service (atty event)
Thu 10/07 10:48 AM
Notice of Service of DEFENDANT'S RULE 26(a)(1) INITIAL DISCLOSURES filed by All Defendants. (Hiller, Jeffrey) |
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Wednesday, October 06, 2021 | ||
15 | 15
notice
Initial Disclosures (atty event)
Wed 10/06 9:23 PM
Initial Disclosures Notice of Service filed by Micheal M. Lane. (Lane, Micheal) |
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Wednesday, September 29, 2021 | ||
14 | 14
notice
Report of Parties Planning Meeting (atty event)
Wed 09/29 5:03 PM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Hiller, Jeffrey) |
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Friday, September 10, 2021 | ||
13 | 13
order
Case Management Conference Scheduling Order
Fri 09/10 8:14 PM
Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 10/20/2021 at 10:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff 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 9/10/2021. (JLG) |
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Att: 1 Attachment No. 1, | ||
Att: 2 Attachment No. 2, | ||
Att: 3 Attachment No. 3, | ||
Att: 4 Attachment No. 4, | ||
Att: 5 Attachment No. 5 | ||
Tuesday, September 07, 2021 | ||
12 | 12
notice
Corporate Disclosure Statement (atty event)
Tue 09/07 3:22 PM
Corporate Disclosure Statement filed by Emcor Group, Inc.. (Hiller, Jeffrey) |
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11 | 11
notice
Corporate Disclosure Statement (atty event)
Tue 09/07 3:21 PM
Corporate Disclosure Statement identifying Corporate Parent Emcor Group, Inc. for S.A. Comunale Co., Inc. filed by S.A. Comunale Co., Inc.. (Hiller, Jeffrey) |
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10 | 10
answer
Answer to Complaint
Tue 09/07 3:17 PM
Answer to1 Complaint, filed by Stephen Comunale, Emcor Group, Inc., Joseph R. Fowler, IV, Amy Hendricks, S.A. Comunale Co., Inc.. (Hiller, Jeffrey) |
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Thursday, September 02, 2021 | ||
9 | 9
2
pgs
order
Order on Motion for order
Thu 09/02 1:56 PM
Order For good cause shown, Plaintiff's Motion for Pro Se Litigant to Receive Service by Email Through the Electronic Case Filing System (ECF No.4 ) is granted. Plaintiff is granted permission to register and file documents electronically in this action pursuant to LR 5.1. See Order for additional information and requirements. Judge Benita Y. Pearson on 9/2/2021. (JLG) |
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oth_evt
Remark re Pro Se Service
Thu 09/02 1:57 PM
Copy of9 Order mailed to Plaintiff Micheal M. Lane, 1142 Hardesty Blvd., Akron, OH 44320 on 9/2/2021. Related document(s)9 . (JLG) |
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Tuesday, August 31, 2021 | ||
8 | 8
service
Return of Service Executed
Tue 08/31 8:24 AM
Return of Service by Clerk by certified mail executed upon Emcor Group, Inc. on 8/23/2021; S.A. Comunale Co., Inc. on 8/23/2021, both signed Covid-19 filed on behalf of Micheal M. Lane. Related document6 . (O,K) |
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oth_evt
Remark re Pro Se Service
Tue 08/31 8:26 AM
Copy of7 and8 Return of Service Executed mailed to Micheal M. Lane 1142 Hardesty Blvd., Akron, OH 44320 on 8/31/2021. (O,K) |
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Tuesday, August 24, 2021 | ||
7 | 7
service
Return of Service Executed
Tue 08/24 1:22 PM
Return of Service by Clerk by certified mail executed upon Stephen Comunale on 8/20/2021; Joseph R. Fowler, IV on 8/20/2021; Amy Hendricks on 8/20/2021, filed on behalf of Micheal M. Lane (M,TL) |
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Wednesday, August 18, 2021 | ||
6 | 6
oth_evt
Summons Issued
Wed 08/18 2:28 PM
Alias Summons issued for service upon Stephen Comunale, Emcor Group, Inc., Joseph R. Fowler, IV, Amy Hendricks, S.A. Comunale Co., Inc. (M,TL) |
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5 | 5
oth_doc
Praecipe
Wed 08/18 2:22 PM
Praecipe for issuance of Alias Summons filed by Micheal M. Lane.(M,TL) |
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Att: 1 Alias Summons | ||
oth_evt
Service by Clerk
Wed 08/18 2:45 PM
Service by Clerk. Summons and Complaint addressed to Stephen Comunale , Emcor Group, Inc., Joseph R. Fowler, IV, Amy Hendricks, S.A. Comunale Co., Inc. placed in U.S. Mail. Type of service: certified mail. (M,TL) |
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Tuesday, August 17, 2021 | ||
4 | 4
1
pgs
motion
Order
Tue 08/17 10:28 AM
Motion for pro se litigant to receive service by email through the Electronic Case Filing System filed by Plaintiff Micheal M. Lane.(M,TL) |
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Att: 1 Pro Se Litigant Registration for Electronic Filing | ||
Friday, July 16, 2021 | ||
3 | 3
oth_doc
Supplement (court event)
Fri 07/16 10:31 AM
Civil Cover Sheet to1 Complaint filed by Micheal M. Lane. Related document(s)1 .(M,TL) (M,TL) |
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Att: 1 Envelope | ||
Att: 2 (7/16/2021) Civil Cover Sheet - time stamped | ||
Wednesday, May 26, 2021 | ||
2 | 2
oth_evt
Summons Issued
Wed 05/26 11:19 AM
Original Summons and Magistrate Consent Form issued (and mailed to Plaintiff) for service upon Stephen Comunale, Emcor Group, Inc., Joseph R. Fowler, IV, Amy Hendricks, S.A. Comunale Co., Inc. (M,TL) |
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Att: 1 Magistrate Consent Form | ||
1 | 1
29
pgs
cmp
Complaint
Wed 05/26 11:03 AM
Complaint with jury demand against Stephen Comunale, Emcor Group, Inc., Joseph R. Fowler, IV, Amy Hendricks, S.A. Comunale Co., Inc. Filing fee paid $402.00, receipt # 54660007995, filed by Micheal M. Lane. (M,TL) |
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Att: 1 Civil Cover Sheet, | ||
Att: 2 Envelope | ||
utility
Add and Terminate Judge
Wed 05/26 11:05 AM
Judge Benita Y. Pearson assigned to case. (M,TL) |
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oth_evt
Random Assignment of Magistrate Judge
Wed 05/26 11:06 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 Kathleen B. Burke. (M,TL) |
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oth_evt
Remark re Civil Cover Sheet
Wed 05/26 11:29 AM
Remark by Clerk: This case was assigned and processed without the filing of both pages of the Civil Cover Sheet, which is required by Local Rule 3.13(a). Without both pages of the Civil Cover Sheet, the Clerk does not know if this case is related to or is a refiling of a pending/terminated case in this Court. (M,TL) |