Walsh v. Fawaky Burst South Euclid, LLC, et al.
| Ohio Northern District Court | |
| Judge: | Benita Y Pearson |
| Case #: | 1:22-mc-00035 |
| Cause | No cause code entered |
| Case Filed: | Jul 01, 2022 |
| Terminated: | Jan 13, 2023 |
Petitioner
Martin J. Walsh
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Respondent
Fawaky Burst South Euclid, LLC
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Respondent
Muhammed Edwards
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GPO
Sep 22 2022
Order For the reasons set forth herein, the Court grants Petitioner Secretary of Labor's 1 Petition to Compel Respondents to Comply with Subpoena Duces Tecum. The Court finds Respondents in contempt of Court and compels Respondents to fully comply with Petitioner's subpoena on or before 10/5/2022. If, by such date, Respondents have not fully complied with Petitioner's subpoena, the Court will issue a warrant for the arrest of Respondent Muhammed Edwards. It is ordered that (1) Petitioner serves Respondents with an electronic copy of this Order. (2) The Clerk of Court mails Respondents a copy of this Order. (3) On or before 10/5/2022, Respondents fully comply with Petitioner's subpoena. (4) On or before 10/5/2022, Petitioner informs the Court whether or not it has received full compliance from Respondents regarding the subpoena. If necessary, Petitioner may include in this status report a request for the exact number of days that it will need to review any documents and records that Respondents may have produced. (5) If Respondents fail to fully comply with Petitioner's subpoena on or before 10/5/2022, the Court will issue a warrant for the arrest of Respondent Muhammed Edwards. (6) The statute of limitations under the FLSA, 29 U.S.C. § 255, is tolled from 1/21/2022 until Petitioner informs the Court that it has received Respondents' full compliance with its subpoena. Judge Benita Y. Pearson on 9/22/2022. (JLG) |
| Docket last updated: 4 hours ago |
| Friday, January 13, 2023 | ||
| 11 | 11
1
pgs
order
Order Dismissing Case
Fri 01/13 6:47 PM
Order of Dismissal Pending before the Court is the parties' joint Stipulation of Dismissal. ECF No.10 . Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), parties may stipulate to dismissal of an action by filing a stipulation of dismissal signed by all parties who have appeared. The parties in this case have entered into such a stipulation, and, therefore, the case is dismissed without prejudice. Judge Benita Y. Pearson on 1/13/2023. (JLG) |
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| 10 | 10
motion
Dismiss
Fri 01/13 3:26 PM
Stipulated Motion to dismiss PURSUANT TO RULE RULE 41(a)(1)(A)(ii) OF THE FEDERAL RULES OF CIVIL PROCEDURE filed by.(Mosley, Kortney) |
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Att: 1
Proposed Order
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| Friday, December 16, 2022 | ||
| 9 | 9
notice
Status Report (atty event)
Fri 12/16 4:19 PM
Status Report filed by Martin J. Walsh. (Mosley, Kortney) |
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| Monday, December 05, 2022 | ||
| 8 | 8
notice
Status Report (atty event)
Mon 12/05 1:05 AM
Status Report filed by Martin J. Walsh. (Mosley, Kortney) |
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| Tuesday, November 29, 2022 | ||
| 7 | 7
minutes
Contempt Hearing
Wed 11/30 8:15 AM
Minute Order of Civil Contempt Hearing before Magistrate Carmen E. Henderson held on 11/29/2022. Attorney Kortney Mosely was present on behalf of the Petitioner. Assistant Federal Public Defender Darin Thompson was present and previously appointed on behalf of the Respondent. Respondent Muhammad Edwards present also. Respondents shall fully comply with the subpoena on or before 12:00 noon on Friday December 2, 2022. Petitioner shall file a status update with the Court no later than noon on Monday, December 5, 2022. Petitioner shall file a second status update on or before December 16, 2022, after having reviewed the production. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. (Court Reporter: ECRO- J. Dudash.)Time: 6 minutes. (G,M) |
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| Monday, November 28, 2022 | ||
| 6 | 6
order
Minute Order _ Status Conference
Mon 11/28 4:56 PM
Minute Order of Civil Contempt Hearing held on 11/28/22. Kortney S. Mosley appeared on behalf of Petitioner. Federal Public Defender Darin Thompson present and appointed on behalf of respondent Muhammed Edwards. The Court ordered that Mr. Edwards be released in order to allow him to comply with the subpoena. Respondents shall fully comply with the subpoena no later than 12:00 noon on November 29, 2022. The civil contempt hearing is continued in all other respects. The Court will reconvene the hearing at 3:30 p.m. via video conference to determine what further action is necessary as a result of Respondents continued failure to comply. Signed by Magistrate Judge Carmen E. Henderson on 11/28/22. (Copy of order forwarded to Marshals) Time: 20 minutes (ECRO: J. Dudash) (L,Br) |
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order
Order Appointing Public Defender
Mon 11/28 4:29 PM
Order [non-document] Appointing Federal Public Defender Darin Thompson for Muhammed Edwards. Magistrate Judge Carmen E. Henderson on 11/28/22. (L,Br) |
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| Wednesday, October 19, 2022 | ||
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oth_evt
Random Assignment of Magistrate Judge
Wed 10/19 8:59 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 Carmen E. Henderson. (D,Ju) |
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| Tuesday, October 11, 2022 | ||
| 4 | 4
notice
Status Report (atty event)
Tue 10/11 11:53 AM
Status Report for Post Show Cause Hearing Update filed by Martin J. Walsh. (Mosley, Kortney) |
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| Thursday, September 22, 2022 | ||
| 3 | 3
6
pgs
order
Order on Motion to compel discovery
Thu 09/22 5:44 PM
Order For the reasons set forth herein, the Court grants Petitioner Secretary of Labor's1 Petition to Compel Respondents to Comply with Subpoena Duces Tecum. The Court finds Respondents in contempt of Court and compels Respondents to fully comply with Petitioner's subpoena on or before 10/5/2022. If, by such date, Respondents have not fully complied with Petitioner's subpoena, the Court will issue a warrant for the arrest of Respondent Muhammed Edwards. It is ordered that (1) Petitioner serves Respondents with an electronic copy of this Order. (2) The Clerk of Court mails Respondents a copy of this Order. (3) On or before 10/5/2022, Respondents fully comply with Petitioner's subpoena. (4) On or before 10/5/2022, Petitioner informs the Court whether or not it has received full compliance from Respondents regarding the subpoena. If necessary, Petitioner may include in this status report a request for the exact number of days that it will need to review any documents and records that Respondents may have produced. (5) If Respondents fail to fully comply with Petitioner's subpoena on or before 10/5/2022, the Court will issue a warrant for the arrest of Respondent Muhammed Edwards. (6) The statute of limitations under the FLSA, 29 U.S.C. § 255, is tolled from 1/21/2022 until Petitioner informs the Court that it has received Respondents' full compliance with its subpoena. Judge Benita Y. Pearson on 9/22/2022. (JLG) |
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oth_evt
Remark re Pro Se Service
Thu 09/22 5:54 PM
Copy of3 Order mailed to Respondents Muhammad Edwards, 4442 Mayfield Road, South Euclid, OH 44121 and Fawaky Burst South Euclid LLC, 4442 Mayfield Road, South Euclid, OH 44121on 9/22/2022. Related document(s)3 . (JLG) |
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| Wednesday, September 21, 2022 | ||
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minutes
Show Cause Hearing
Wed 09/21 4:59 PM
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Hearing on Show Cause Order held on 9/21/2022. Present was Attorney Kortney S. Mosley as counsel for Petitioner. Also present for Petitioner were Anthony Mancini, a United States Department of Labor Wage and Hour Investigator, and Nikolai Bogomolov, a United States Department of Labor Assistant District Director of the Wage and Hour Division. Respondents were not present and have failed to fully comply with Petitioner's subpoena and the Court's 7/29/2022 Show Cause Order2 . Petitioner requested that Respondents be held in contempt for failure to comply with Petitioner's subpoena, and that a final attempt be made to compel Respondents to comply with the subpoena in full. A separate Order will issue. (Court Reporter: Sarah Nageotte); Time: 8 minutes. (JLG) |
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| Friday, July 29, 2022 | ||
| 2 | 2
2
pgs
order
Order to Show Cause
Fri 07/29 5:09 PM
Order to Show Cause Upon consideration of the Petition to Compel Respondents to Comply with Subpoena Duces Tecum and the exhibits submitted in support (ECF No.1 ), it is hereby ordered that Muhammed Edwards or a representative of Fawaky Burst South Euclid, LLC, appear in person on 9/21/2022 at 10:00 a.m. before Judge Benita Y. Pearson, Courtroom 351, Thomas D. Lambros United States Court House, 125 Market Street, Youngstown, Ohio, to show cause, if any, why he should not be held in contempt for failure to comply with the subpoena. See Order for additional information and requirements. Judge Benita Y. Pearson on 7/29/2022. (JLG) |
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| Friday, July 01, 2022 | ||
| 1 | 1
motion
Compel Discovery
Fri 07/01 1:49 PM
Petition to Compel Respondents to Comply with Subpoena Duces Tecum filed by Petitioner Martin J. Walsh. Exempt from filing fee..(H,Ch) |
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Att: 1
Order to Show Cause,
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Att: 2
Exhibit A - Declaration of Anthony Mancini in Support of Petition to Compel Respondents to Comply with Subpoena Duces Tecum,
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Att: 3
Exhibit B - Ohio Secretary of State Agent Registrant Information,
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Att: 4
Exhibit C - 11.16.2021 letter to Fawaky Burst Smoothie n Juice Cafe re Wage and Hour Division Investigation,
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Att: 5
Exhibit D - 11.26.2021 email from Anthony Mancini to FawakyBurst,
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Att: 6
Exhibit E - email exchange between Anthony Mancini and Fawaky Burst,
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Att: 7
Exhibit F - Declaration of Nikolai Bogomolov in Support of Petition to Compel Respondents to Comply with Subpoena Duces Tecum,
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Att: 8
Exhibit G - 12.7.2021 Letter from U.S. Department of Labor to Muhammad Edwards,
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Att: 9
Exhibit H - Subpoena Duces Tecum,
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Att: 10
Exhibit I - 2.25.2022 Letter from U.S. Department of Labor to Muhammad Edwards
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utility
Add and Terminate Judge
Fri 07/01 1:50 PM
Judge Benita Y. Pearson assigned to case. (H,Ch) |
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