Lampkin Sr. v. Silver Line Building Products, LLC et al

Ohio Northern District Court
Judge:	Jeffrey J Helmick
Case #:	3:22-cv-01810
Nature of Suit	442 Civil Rights - Employment
Cause	29:2661 Family Medical Leave Act

Case Filed:

Oct 07, 2022

Last checked: Wednesday Apr 05, 2023 4:56 AM EDT

Defendant Cornerstone Building Brands	Represented By Michael S. McIntyre Baker & Hostetler - Cincinnati contact info
Defendant Silver Line Building Products, LLC	Represented By Michael S. McIntyre Baker & Hostetler - Cincinnati contact info
Plaintiff James Lampkin Sr.	Represented By Daniel S. Dubow Spitz Law contact info Shashelia Degraffinried Spitz Law contact info Kevin A. Buryanek Spitz Law contact info

GPO Mar 31 2025
Memorandum Opinion and Order granting in part and denying in part Defendants' motion to dismiss, (Doc. No. 22), and denying Plaintiff's request for leave to amend. (Doc. No. 26 at 15-16). Judge Jeffrey J. Helmick on 3/31/2025. (M,SM)

Docket last updated: 82 minutes ago

Wednesday, May 21, 2025
32		32 answer Answer to Amended Complaint Wed 05/21 2:14 PM Answer to16 Amended complaint, filed by Cornerstone Building Brands, Silver Line Building Products, LLC. (Ryan, Sean) Related: [-]
31		31 motion Leave Wed 05/21 12:43 PM Unopposed Motion for leave (To File Answer Instanter) filed by Cornerstone Building Brands, Silver Line Building Products, LLC.(Ryan, Sean) Related: [-]
		Att: 1 Pleading (Proposed Answer)
		order Order on Motion for leave Wed 05/21 1:59 PM Order [non-document] granting Defendants' unopposed Motion for leave to file their Answer instanter. The Answer should be filed as soon as practicable but no later than May 28, 2025. Related [+]. Judge Jeffrey J. Helmick on 5/21/2025.(M,SM) Related: [-] 31
		order Order Wed 05/21 2:57 PM Order [non-document]: Telephone Conference set for 6/16/2025, at 09:30 AM with counsel to call the court's bridge line at 419-718-0655, Meeting ID 849 763 788. In advance of the conference, counsel shall discuss mutually agreeable, updated discovery deadlines and should be prepared to propose those deadlines during the scheduled telephone conference. Judge Jeffrey J. Helmick on 5/21/2025. (M,SM) Related: [-]
Thursday, April 17, 2025
30		30 notice Attorney Substitution (atty event) Thu 04/17 9:24 AM Notice of Substitution of Counsel removing attorney Daniel S. Dubow and adding attorney Brian D. Spitz filed by on behalf of All Plaintiffs. (Spitz, Brian) Related: [-]
Monday, April 14, 2025
29		29 motion Extension (answer complaint) Mon 04/14 10:37 AM Joint Motion for extension of time until May 14, 2025 for answer deadlines filed by Cornerstone Building Brands, Silver Line Building Products, LLC. (McIntyre, Michael) Related: [-]
		order Order on Motion for extension of time to answer Mon 04/14 12:24 PM Order [non-document] granting the parties' joint motion to extend Defendants' Answer deadline to May 14, 2025. re29 . Judge Jeffrey J. Helmick on 4/14/2025.(M,SM) Related: [-]
Monday, March 31, 2025
28		28 order Judgment Mon 03/31 5:55 PM Judgment Entry : For the reasons stated in the Memorandum Opinion and Order filed concurrently, I grant Defendants' motion to dismiss in part and deny it in part. (Doc. No.22 ). Defendants' motion to dismiss is granted as to Plaintiff's claims of: (1) Title VII discrimination to the extent he seeks recovery for any adverse action other than his termination; (2) Title VII retaliation; and (3) age-based retaliation in violation of the ADEA Ohio law. It is denied as to all other claims. Plaintiffs request for leave to amend his complaint is denied. (Doc. No.26 at 15-16). re27 . Judge Jeffrey J. Helmick on 3/31/2025. (M,SM) Related: [-]
27		27 minutes ~Util - Terminate Motions Memorandum Opinion and Order Mon 03/31 5:53 PM Memorandum Opinion and Order granting in part and denying in part Defendants' motion to dismiss, (Doc. No.22 ), and denying Plaintiff's request for leave to amend. (Doc. No.26 at 15-16). Judge Jeffrey J. Helmick on 3/31/2025. (M,SM) Related: [-]
Thursday, April 25, 2024
26		26 oth_ans Brief Thu 04/25 2:01 PM Brief in Opposition to Defendants' Partial Motion to Dismiss filed by All Plaintiffs. (Dubow, Daniel) Related: [-]
Wednesday, April 24, 2024
25		25 oth_ans Brief Wed 04/24 2:45 PM Brief in Opposition to Defendants' Partial Motion to Dismiss filed by All Plaintiffs. (Dubow, Daniel) Related: [-]
		Att: 1 Exhibit Determination Letter,
		Att: 2 Exhibit FOIA Exhibit,
		Att: 3 Exhibit FOIA Exhibit A,
		Att: 4 Exhibit FOIA Exhibit B,
		Att: 5 Exhibit FOIA Exhibit C
Thursday, April 11, 2024
24		24 resp Reply Thu 04/11 4:56 PM Reply in support of22 Motion to dismiss for failure to state a claim filed by All Defendants. (McIntyre, Michael) Related: [-]
Thursday, March 28, 2024
23		23 oth_ans Brief Thu 03/28 4:00 PM Brief IN OPPOSITION TO DEFENDANTS PARTIAL MOTION TO DISMISS COUNTS III-XII OF PLAINTIFFS AMENDED COMPLAINT filed by All Plaintiffs. (Dubow, Daniel) Related: [-]
		Att: 1 Exhibit Exhibit 1
Friday, February 23, 2024
22		22 motion Dismiss for Failure to State a Claim Fri 02/23 1:59 PM Motion to dismiss for failure to state a claim filed by Cornerstone Building Brands, Silver Line Building Products, LLC. Related document(s)16 ,21 .(McIntyre, Michael) Related: [-]
		Att: 1 Memorandum in support,
		Att: 2 Exhibit 1-Charge of Discrimination
Friday, January 26, 2024
21		21 order Minute Order _ Telephone Conference Fri 01/26 3:34 PM Order of Telephone Conference held on 1/25/2024. Time: 10 minutes. Defendants shall file their proposed motion to dismiss on or before February 23, 2024. Plaintiff shall file his brief in response on or before March 29, 2024, and Defendants shall file their brief in reply on or before April 12, 2024. Judge Jeffrey J. Helmick on 1/25/2024. (M,SM) Related: [-]
Wednesday, January 24, 2024
20		20 notice Attorney Appearance (atty event) Wed 01/24 2:30 PM Attorney Appearance by Sean P. Ryan filed by on behalf of All Defendants. (Ryan, Sean) Related: [-]
Thursday, January 18, 2024
		oth_evt Notice of Hearing or Conference Thu 01/18 2:46 PM Notice [non-document]: Telephone Conference set for 1/25/2024 at 03:30 PM before Judge Jeffrey J. Helmick. Counsel to call the court's bridge line at 877-411-9748, access code 1231873. (M,SM) Related: [-]
Wednesday, January 17, 2024
		minutes ~Util - Terminate Referral Order Wed 01/17 4:21 PM Order [non-document] The parties provided their responses by the deadline previously established. No agreement to resolve this matter was reached. The referral from Judge Helmick is terminated. Counsel are directed to contact Judge Helmick's chambers promptly to discuss next steps. Should the parties wish to engage in further settlement discussions with me, they must request a new referral from Judge Helmick. Magistrate Judge Darrell A. Clay on 1/17/2024. (R,Ke) Related: [-]
Monday, December 18, 2023
		minutes Status Conference Mon 12/18 2:46 PM Minutes of proceedings [non-document] before Magistrate Judge Darrell A. Clay. Status Conference held on 12/18/2023. Plaintiff James Lampkin was represented by his attorney Daniel Dubow. Defendants Silver Line Building Products, LLC and Cornerstone Building Brands were represented by their attorney Michael McIntyre. I discussed with counsel the current status of settlement negotiations. At the parties' invitation, I will shortly extend a written proposal for possible settlement. Counsel are to confer with their clients and provide a response to me no later than 5:00 p.m. on Wednesday, January 17, 2024. Time: 20 minutes. (R,Ke) Related: [-]
Wednesday, December 13, 2023
		order Order Wed 12/13 1:57 PM Order [non-document] Video Status Conference set for 12/18/2023 at 12:00 PM with counsel only. Video conference access information will be provided to all participants in advance. Magistrate Judge Darrell A. Clay on 12/13/2023. (R,Ke) Related: [-]
Thursday, October 19, 2023
		minutes Settlement Conference Thu 10/19 4:48 PM Minutes of proceedings [non-document] Settlement Conference held in person on October 19, 2023 before Magistrate Judge Darrell A. Clay. Plaintiff James Lampkin Sr. appeared and was represented by his attorney Daniel Dubow. Defendants Silver Line Building Products, LLC and Cornerstone Building Brands appeared through their authorized representative Brittany Terrell and were represented by their attorney M. Scott McIntyre. Extensive discussions were had with the parties and all counsel. With the consent of all parties and counsel, I will continue to my discussions with them over the next few weeks to see if a final conclusion can be reached. Counsel are directed to contact Judge Helmick's chambers to provide a status update. Time: 5 hours. (R,Ke) Related: [-]
Wednesday, July 19, 2023
19		19 5 pgs order Order Wed 07/19 2:08 PM Order . Settlement Conference set for 10/19/2023 at 10:00 AM in Chambers 403. Ex parte settlement statements shall be submitted by email to Clay_Chambers@ohnd.uscourts.gov by 10/12/2023. Magistrate Judge Darrell A. Clay on 7/19/2023. (R,Ke) Related: [-]
Thursday, July 13, 2023
18		18 motion Stay Thu 07/13 5:52 PM Joint Motion to stay filed by Cornerstone Building Brands, Silver Line Building Products, LLC, Silver Line Building Products, LLC.(McIntyre, Michael) Related: [-]
		Att: 1 Proposed Order
		order Order on Motion to stay Thu 07/13 6:34 PM Order [non-document] granting in part and denying in part the parties' Joint Motion to stay. While the matter as a whole is not stayed, all deadlines are stayed pending mediation. As with the discovery deadlines, should the mediation be unsuccessful, I will consult with the parties and reset any and all deadlines, as appropriate at that time. Related [+]. Judge Jeffrey J. Helmick on 7/13/2023.(M,SM) Related: [-] 18
Monday, July 10, 2023
17		17 minutes ~Util - Terminate Motions 1 - Terminate Hearings Order Order of Referral to Judicial Officer for Mediation or Settlement Mon 07/10 11:27 AM Order vacating the discovery deadlines and the telephone conference set for 8/2/2023. Matter referred to Magistrate Judge Darrell A. Clay for a mediation to be conducted as soon as practicable. re15 . Judge Jeffrey J. Helmick on 7/10/2023. (M,SM) Related: [-]
Friday, July 07, 2023
16		16 cmp Amended Complaint Fri 07/07 5:07 PM First Amended complaint for Damages and Reinstatement against Silver Line Building Products, LLC. Filed by James Lampkin Sr.. (Dubow, Daniel) Related: [-]
		Att: 1 Exhibit Exhibit A Dfdt Consent to Amended Complaint,
		Att: 2 Exhibit Exhibit B EEOC RTS
Thursday, July 06, 2023
15		15 motion Extension (of deadlines) Thu 07/06 11:54 AM Joint Motion to Amend January 4, 2023 Calendar Order Related Document11 filed by Cornerstone Building Brands, Silver Line Building Products, LLC, Silver Line Building Products, LLC.(McIntyre, Michael) Related: [-]
		Att: 1 Proposed Order
Monday, April 24, 2023
		order Order on Motion for order Mon 04/24 2:22 PM Order [non-document] withdrawing Plaintiff's Motion to appear or show cause in accordance with Plaintiff's April 21, 2023 Notice. Related [+]. Judge Jeffrey J. Helmick on 4/24/2023.(M,SM) Related: [-] 12
Friday, April 21, 2023
14		14 notice Notice (atty event) Fri 04/21 4:31 PM Notice Withdrawing His Motion For Order To Appear And To Show Cause filed by James Lampkin Sr.. Related document(s)12 .(Dubow, Daniel) Related: [-]
Monday, April 10, 2023
		order Order Mon 04/10 10:25 AM Order [non-document] granting Plaintiff's request to advise the court by 4/21/2023 of whether he intends to withdrawal the motion to show cause. re12 ,13 . Judge Jeffrey J. Helmick on 4/10/2023. (M,SM) Related: [-]
Friday, April 07, 2023
13		13 notice Notice (atty event) Fri 04/07 12:02 PM Notice Regarding His Motion for Order to Appear and to Show Cause filed by James Lampkin Sr.. Related document(s)12 .(Dubow, Daniel) Related: [-]
Thursday, March 23, 2023
12		12 3 pgs motion Order Thu 03/23 4:10 PM Motion Plaintiff's Motion For Order To Appear And To Show Cause filed by Plaintiff James Lampkin Sr..(Dubow, Daniel) Related: [-]
		Att: 1 Exhibit Exhibit 2 To Show Cause,
		Att: 2 Exhibit Affidavit,
		Att: 3 Exhibit Exhibit 3 To Show Cause,
		Att: 4 Exhibit Exhibit 4 To Show Cause
Wednesday, January 04, 2023
11		11 order Minute Order _ Case Management Conference Wed 01/04 10:11 AM Order of Case Management Conference held on 1/3/2023. Time: 5 minutes. Case is assigned to the standard track. Time: 5 minutes. Parties to be Joined and Pleading Amendments due by 3/28/2023. Liability discovery due by 8/28/2023; Damages discovery due by 10/28/2023. Plaintiff to submit a written settlement demand to Defendants on or before July 14, 2023. Defendants to respond in writing on or before August 1, 2023. Telephone Conference set for 8/2/2023 at 09:00 AM. Counsel to call bridge line at 877-411-9748, access code 1231873. Judge Jeffrey J. Helmick on 1/4/2023. (M,SM) Related: [-]
Tuesday, December 27, 2022
10		10 notice Report of Parties Planning Meeting (atty event) Tue 12/27 2:12 PM Joint Report of Parties' Planning Meeting - filed by All Defendants. (McIntyre, Michael) Related: [-]
Tuesday, November 29, 2022
9		9 order Case Management Conference Scheduling Order Tue 11/29 11:37 AM Case Management Conference Scheduling Notice : Case management conference to be held on 1/3/2023 at 01:00 PM before Judge Jeffrey J. Helmick. Counsel to call bridge line at 877-411-9748, access code 1231873.(M,SM) Related: [-]
		Att: 1 Report of Parties' Planning Meeting
Monday, November 28, 2022
8		8 answer Answer to Complaint Mon 11/28 8:52 PM Defendant's Answer to1 Complaint filed by Cornerstone Building Brands, Silver Line Building Products, LLC. (McIntyre, Michael) Related: [-]
Friday, November 04, 2022
7		7 notice Stipulation (atty event) Fri 11/04 12:47 PM Proposed Stipulation to Extend Defendants' Time to Answer, Move, or Otherwise Respond to Plaintiff's Complaint filed by All Defendants. Related document(s)1 .(McIntyre, Michael) Related: [-]
6		6 notice Attorney Appearance (atty event) Fri 11/04 12:38 PM Attorney Appearance by Michael S. McIntyre filed by on behalf of All Defendants. (McIntyre, Michael) Related: [-]
		order Order Fri 11/04 3:06 PM Order [non-document] granting Defendants' unopposed request for an extension of time until 11/28/2022 to answer or otherwise respond to Plaintiff's Complaint. re7 . Judge Jeffrey J. Helmick on 11/4/22. (M,SM) Related: [-]
Tuesday, October 25, 2022
5		5 service Return of Service Executed Tue 10/25 2:26 PM Return of Service by Clerk by certified mail executed upon Silver Line Building Products, LLC Marion Ohio on 10/19/2022, filed on behalf of James Lampkin Sr. (K,AR) Related: [-]
Monday, October 24, 2022
4		4 service Return of Service Executed Mon 10/24 11:53 AM Return of Service by Clerk by certified mail executed upon Silver Line Building Products, LLC on 10/21/2022, filed on behalf of James Lampkin Sr. (S,Ja) Related: [-]
3		3 service Return of Service Executed Mon 10/24 11:50 AM Return of Service by Clerk by certified mail executed upon Silver Line Building Products, LLC on 10/20/2022, filed on behalf of James Lampkin Sr. (S,Ja) Related: [-]
Friday, October 14, 2022
		oth_evt Service by Clerk Fri 10/14 1:13 PM Service by Clerk. Summons and Complaint addressed to Silver Line Building Products, LLC, sent to Upper Arlington, OH address. placed in U.S. Mail. Type of service: certified mail. Receipt # 70221670000191721303. (S,Ja) Related: [-]
		oth_evt Service by Clerk Fri 10/14 1:17 PM Service by Clerk. Summons and Complaint addressed to Silver Line Building Products, LLC sent to North Brunswick address. placed in U.S. Mail. Type of service: certified mail. Receipt # 70221670000191722065. (S,Ja) Related: [-]
		oth_evt Service by Clerk Fri 10/14 1:21 PM Service by Clerk. Summons and Complaint addressed to Silver Line Building Products, LLC, sent to Marion, OH address. placed in U.S. Mail. Type of service: certified mail. Receipt # 70221670000191721310. (S,Ja) Related: [-]
		oth_evt Service by Clerk Fri 10/14 1:23 PM Service by Clerk. Summons and Complaint addressed to Cornerstone Building Brands placed in U.S. Mail. Type of service: certified mail. Receipt # 70221670000191721327. (S,Ja) Related: [-]
Tuesday, October 11, 2022
2		2 oth_evt Summons Issued Tue 10/11 8:52 AM Original Summons and Magistrate Consent Form issued to counsel for service upon Silver Line Building Products, LLC, at 1 Silver Line Drive, North Brunswick Township, NJ 08902, Silver Line Building Products, LLC c/o Corporation Service Company, Cornerstone Building Brands and Silver Line Building Products, LLC at 2549 Innovation Dr. Marion, OH 43302. (R,EM) Related: [-]
		Att: 1 Magistrate Consent Form
		utility Add and Terminate Judge Tue 10/11 8:40 AM Judge Jeffrey J. Helmick assigned to case. (R,EM) Related: [-]
		oth_evt Random Assignment of Magistrate Judge Tue 10/11 8:40 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 Darrell A. Clay. (R,EM) Related: [-]
		oth_evt Notice re Prompt Service Tue 10/11 8:53 AM Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant. Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (R,EM) Related: [-]
Friday, October 07, 2022
1		1 14 pgs cmp Complaint Fri 10/07 5:28 PM Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11655182.. Filed by James Lampkin Sr.. (Dubow, Daniel) Related: [-]
		Att: 1 Summons,
		Att: 2 Civil Cover Sheet

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