Ray v. Hercules Tree Services LLC et al
| Ohio Northern District Court | |
| Judge: | Charles Esque Fleming |
| Case #: | 5:21-cv-01168 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 28:1331 Fed. Question: Fair Labor Standards |
| Case Filed: | Jun 10, 2021 |
| Terminated: | May 20, 2022 |
| Last checked: Tuesday Dec 07, 2021 4:22 AM EST |
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Defendant
Cody Butzer
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Represented By
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Defendant
Hercules Tree Services LLC
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Represented By
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Plaintiff
Ivan Ray
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, May 20, 2022 | ||
| 29 | 29
1
pgs
order
Order Dismissing Case
Fri 05/20 11:55 AM
Order granting Plaintiff's28 Motion to dismiss without prejudice. Judge Charles Esque Fleming on 5/20/2022. (S,SR) |
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| 28 | 28
3
pgs
motion
Dismiss
Fri 05/20 11:02 AM
Motion to dismiss Without Prejudice filed by Plaintiff Ivan Ray.(Nilges, Hans) |
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Att: 1
Proposed Order
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| Friday, March 25, 2022 | ||
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oth_evt
Reassignment of Case - Creation of Fleming Docket
Fri 03/25 9:33 AM
Case reassigned to District Judge Charles E. Fleming pursuant to General Order 2022-07. Related document(s)10 ,9 . (M,TL) |
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| Wednesday, March 23, 2022 | ||
| 27 | 27
1
pgs
order
Order on Motion to quash
Wed 03/23 1:31 PM
Marginal Entry Order: As Plaintiff Ivan Ray withdrew his March 10, 2022 subpoena to SurePayroll, Inc. in response to Defendants' Motion to Quash (Doc.#24 ), Defendants' Motion to Quash is now moot and hereby withdrawn. Judge John R. Adams on 03/22/2022. Related document26 . (M,TL) |
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| Tuesday, March 22, 2022 | ||
| 26 | 26
2
pgs
notice
Notice (atty event)
Tue 03/22 9:25 AM
Notice of Withdrawal of Defendants' Motion to Quash Subpoena to Non-Party Surepayroll, Inc. filed by All Defendants. Related document(s)24 .(Fuller, Adam) |
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| Monday, March 14, 2022 | ||
| 25 | 25
2
pgs
notice
Notice (atty event)
Mon 03/14 10:50 AM
Joint Notice Proposing Dates for Continued Case Management Conference filed by Ivan Ray. (Nilges, Hans) |
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| Friday, March 11, 2022 | ||
| 24 | 24
motion
Quash
Fri 03/11 2:34 PM
Motion to quash Subpoena to Non-Party Surepayroll, Inc. filed by Cody Butzer, Hercules Tree Services LLC.(Fuller, Adam) |
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Att: 1
Exhibit A-Subpoena,
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Att: 2
3 pgs
Exhibit B-Order
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adr_ord
ADR Administrator received Mediation report
Fri 03/11 12:25 PM
Final Mediation Report filed manually with Alternative Dispute Resolution (ADR) Department. Thomas H. Barnard, 23300 South Woodland, Shaker Heights, OH 44122, served as Mediator in the within case. Mediation Conference was held on 2/9/22 and 2/20/22, and as a result, the Mediation process is complete. The case did not settled. The case is returned to the court for further settlement discussions and case processing. ADR Disposition Code: 8. Future ADR: N/A. Related document(s)23 . (W,CM) |
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| Friday, January 21, 2022 | ||
| 23 | 23
adr_ord
Notice of Designation of Neutral/Mediator
Fri 01/21 9:27 AM
Notice of Designation of Mediator. Mediator to schedule the Mediation Conference and file an electronic notice setting forth the date, time and location of the Mediation. Designated Mediator: Thomas H. Barnard. ADR Hearing to be scheduled on or before 2/25/2022. Report of Mediator Form to be manually filed with the ADR Department no later than 3/11/2022. Report of Mediator Form is attached to the Notice of Designation.(W,CM) (W,CM) |
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Att: 1
8 pgs
Report of Mediator Form
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Att: 2
(1/21/2022) Corrected Main Document
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| 22 | 22
adr_ord
Neutral conflict response
Fri 01/21 8:37 AM
Notice received from First potential neutral regarding conflict. Neutral available: Yes. Related document(s)21 . (W,CM) |
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| Friday, January 14, 2022 | ||
| 21 | 21
adr_ord
Neutral conflict tracking
Fri 01/14 8:09 AM
Notice sent to potential neutrals regarding conflict check. Neutral Response Form due by 1/21/2022. Related document(s)20 .(B,AL) |
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Att: 1
Neutral Response Form
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| Thursday, December 30, 2021 | ||
| 20 | 20
adr_not
Agreed Mediation Ranking Sheet filed
Thu 12/30 11:59 AM
Agreed Mediation Ranking Information Sheet Filed by Ivan Ray(Nilges, Hans) |
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| Tuesday, December 14, 2021 | ||
| 19 | 19
adr_ord
Notice of Referral to ENE/Mediation - List of potential neutrals sent to parties
Tue 12/14 8:56 AM
Notice of Referral to Mediation. List of potential neutrals sent to parties. Agreed Mediation Ranking Sheet due by 12/21/2021. Related document(s)18 .(B,AL) |
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Att: 1
Agreed Mediation Ranking Sheet,
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Att: 2
List of Potential Neutrals
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| Monday, December 13, 2021 | ||
| 18 | 18
1
pgs
adr_ord
Order of Referral to ADR
Mon 12/13 3:01 PM
Order of Referral to ADR for Mediation. Signed by Judge John R. Adams. ADR process to be completed by 3/13/2022. (K,C) |
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minutes
Case Management Conference
Mon 12/13 2:57 PM
Minutes of proceedings [non-document] before Judge John R. Adams.Telephonic Case Management Conference held on 12/13/21. Case is assigned to the standard track. Case referred for mediation. (Court Reporter: None.)Time: 7 Mins. (K,C) |
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| Tuesday, December 07, 2021 | ||
| 17 | 17
notice
Report of Parties Planning Meeting (atty event)
Tue 12/07 3:09 PM
Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Ivan Ray. (Nilges, Hans) |
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| Wednesday, November 10, 2021 | ||
| 16 | 16
order
Case Management Conference Scheduling Order
Wed 11/10 8:47 AM
Case Management Conference Scheduling Order with telephonic case management conference to be held on 12/13/2021 at 01:30 PM before Judge John R. Adams. Judge John R. Adams on 11/10/2021.(L,J) |
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Att: 1
Report of Parties' Planning Meeting,
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Att: 2
Local Rule 30.1,
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Att: 3
Magistrate Consent Form,
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Att: 4
Budget,
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Att: 5
ECF Policies and Procedures
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oth_evt
Random Assignment of Magistrate Judge
Wed 11/10 8:32 AM
Ressignment 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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| Friday, November 05, 2021 | ||
| 15 | 15
motion
Supplement
Fri 11/05 2:18 PM
Supplemental Motion to supplement Motion to Compel Arbitration and Motion to Stay filed by Cody Butzer, Hercules Tree Services LLC. Related document(s)10 .(Fuller, Adam) |
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Att: 1
Affidavit Exhibit A - Supplemental Affidavit
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| Thursday, September 09, 2021 | ||
| 14 | 14
9
pgs
resp
Reply
Thu 09/09 1:08 PM
Reply in support of10 Motion to compel arbitration and stay action filed by All Defendants. (Fuller, Adam) |
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| Thursday, September 02, 2021 | ||
| 13 | 13
9
pgs
resp
Opposition
Thu 09/02 3:57 PM
Opposition to10 Motion to compel arbitration and stay action filed by Ivan Ray. (Moyle, Jeffrey) |
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| Thursday, August 26, 2021 | ||
| 12 | 12
9
pgs
resp
Reply
Thu 08/26 5:50 PM
Reply in support of9 Motion for class certification of an FLSA Collective Action filed by Ivan Ray. (Moyle, Jeffrey) |
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| Thursday, August 19, 2021 | ||
| 11 | 11
11
pgs
resp
Reply Opposition
Thu 08/19 3:21 PM
Reply to response to9 Motion for class certification of an FLSA Collective Action , Opposition to9 Motion for class certification of an FLSA Collective Action filed by All Defendants.(Fuller, Adam) |
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Att: 1
Affidavit Affidavit of Cody Butzer
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| 10 | 10
motion
Stay
Thu 08/19 3:17 PM
Motion to stay action and Motion to Compel Arbitration filed by Cody Butzer, Hercules Tree Services LLC.(Fuller, Adam) |
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Att: 1
Affidavit Affidavit of Cody Butzer
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| Thursday, August 05, 2021 | ||
| 9 | 9
7
pgs
motion
Class Certification
Thu 08/05 11:54 AM
Motion for class certification of an FLSA Collective Action filed by Plaintiff Ivan Ray.(Moyle, Jeffrey) |
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Att: 1
2 pgs
Exhibit 1-Declaration of Ivan Ray,
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Att: 2
2 pgs
Exhibit 2-Declaration of Gavin Chew,
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Att: 3
2 pgs
Exhibit 3-Declaration of Darwin Filey,
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Att: 4
2 pgs
Exhibit 4-Declaration of D'Michael King,
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Att: 5
2 pgs
Exhibit 5-Declaration of Justin Workman
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| Monday, August 02, 2021 | ||
| 8 | 8
notice
Notice (atty event)
Mon 08/02 9:53 AM
Notice Of Filing Consent Form To Join In Collective Action Under 29 U.S.C. § 216(b) filed by Ivan Ray.(Moyle, Jeffrey) |
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Att: 1
Exhibit A-Consent Form
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| Wednesday, July 07, 2021 | ||
| 7 | 7
8
pgs
answer
Answer to Complaint
Wed 07/07 3:31 PM
Defendants Hercules Tree Service and Cody Butzer's Answer to1 Complaint, filed by Cody Butzer, Hercules Tree Services LLC. (Fuller, Adam) |
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| 6 | 6
1
pgs
notice
Corporate Disclosure Statement (atty event)
Wed 07/07 3:28 PM
Corporate Disclosure Statement filed by All Defendants. (Fuller, Adam) |
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| Tuesday, July 06, 2021 | ||
| 5 | 5
service
Return of Service Executed
Tue 07/06 2:04 PM
Return of Service by Clerk by certified mail executed upon Cody Butzer on 7/1/2021, filed on behalf of Ivan Ray. Related document2 . (O,K) |
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| Thursday, June 24, 2021 | ||
| 4 | 4
service
Return of Service Executed
Thu 06/24 10:57 AM
Return of Service by Clerk by certified mail executed upon Hercules Tree Services LLC on 6/17/2021, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Ivan Ray. Related document2 . (S,He) |
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| Tuesday, June 22, 2021 | ||
| 3 | 3
notice
Notice (atty event)
Tue 06/22 2:44 PM
Notice Of Filing Consent Form To Join In Collective Action Under 29 U.S.C. § 216(b) filed by Ivan Ray.(Moyle, Jeffrey) |
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Att: 1
Exhibit A-Consent Forms
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| Tuesday, June 15, 2021 | ||
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oth_evt
Service by Clerk
Tue 06/15 1:58 PM
Service by Clerk. Summons and Complaint addressed to Cody Butzer , Hercules Tree Services LLCplaced in U.S. Mail. Type of service: certified mail. (M,TL) |
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| Friday, June 11, 2021 | ||
| 2 | 2
oth_evt
Summons Issued
Fri 06/11 8:23 AM
Original Summons and Magistrate Consent Form issued for service upon Cody Butzer, Hercules Tree Services LLC. (M,TL) |
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Att: 1
Magistrate Consent Form
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utility
Add and Terminate Judge
Fri 06/11 8:12 AM
Judge John R. Adams assigned to case. (M,TL) |
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oth_evt
Random Assignment of Magistrate Judge
Fri 06/11 8:12 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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| Thursday, June 10, 2021 | ||
| 1 | 1
9
pgs
cmp
Complaint
Thu 06/10 5:48 PM
Complaint with jury demand against Cody Butzer, Hercules Tree Services LLC. Filing fee paid $ 402, Receipt number AOHNDC-10878352.. Filed by Ivan Ray. (Moyle, Jeffrey) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons Summons- Hercules Tree Services LLC,
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Att: 3
Summons Summons- Cody Butzer,
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Att: 4
Exhibit Consent of Ivan Ray
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