Samokovski et al v. Hillstone Healthcare Inc. et al
| Ohio Southern District Court | |
| Judge: | Matthew W Mcfarland |
| Referred: | Stephanie K Bowman |
| Case #: | 1:22-cv-00701 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Nov 29, 2022 |
| Last checked: Sunday May 28, 2023 5:38 AM EDT |
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Defendant
Crystal Care of Ironton, LLC
544 Enterprise Dr. Suite G
Lewis Center, OH 43035 |
Represented By
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Defendant
Hillstone Healthcare Inc.
200 Public Square, Suite 2300
Cleveland, OH 44114 |
Represented By
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Defendant
McKenna Health Care of Franklin Furnace Inc.
5375 Teeter Road
Butler, OH 44822 |
Represented By
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Defendant
McKenna Health Care of Portsmouth, Inc.
5375 Teeter Road
Butler, OH 44822 |
Represented By
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Defendant
OneSource Employee Management, LLC
3958-D Brown Park Drive
Hilliard, OH 43026 |
Represented By
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Plaintiff
Christopher Baldwin
24 Township Road 332
Ironton, OH 45638 |
Represented By
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Plaintiff
Kevin Wilson
62 Twp. Rd. 1161 Trailer 7D
Proctorville, OH 45669 |
Represented By
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Plaintiff
Adrian Wheeler
2983 County Rd. 61
Kittshill, OH 45645 |
Represented By
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Plaintiff
Jennifer Thomas
1173 County Rd. 1 Lot 38
South Point, OH 45680 |
Represented By
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Plaintiff
Nadia Samokovski
108 Meadow Lane
South Point, OH 45680 |
Represented By
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Plaintiff
Stephanie Roar
10 Private Drive 411
Ironton, OH 45638 |
Represented By
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Plaintiff
Natasha Perkins
2115 N. 4th Street
Ironton, OH 45638 |
Represented By
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Plaintiff
Sherry Nelson
2761 Dorado Ct.
Burlington, KY 41005 |
Represented By
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Plaintiff
Gina Moore
92b Stanley Street
Proctorville, OH 45669 |
Represented By
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Plaintiff
Danny Millhouse
2435 S. 10th Street
Ironton, OH 45638 |
Represented By
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Plaintiff
Susan Frazee
611 Buckhorn St. Apt. A
Ironton, OH 45638 |
Represented By
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Plaintiff
Ryan Colley
121 Laroque Lane
New Bern, NC 28560 |
Represented By
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GPO
Mar 27 2023
ORDER STAYING CASE: This matter is before the Court following a Preliminary Pretrial Conference with the parties. The parties have submitted their Rule 26(f) report, wherein they propose dates for discovery. The parties disagree on how to proceed with discovery. Plaintiffs believe that discovery should proceed on the definition and scope of the proposed collective class. Defendants contend that discovery should be stayed pending the Sixth Circuit's decision in Brooke Clark, et al. v. A&L Home Care and Training Center, LLC, Nos. 22-3101 & 22-3102 . Upon consideration of the parties' interests, judicial economy, and efficient litigation, the Court STAYS this matter pending the Sixth Circuit's resolution of Clarke . The parties are DIRECTED to notify the Court when the Sixth Circuit decides Clarke or if they reach a settlement. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/27/2023. (kaf) |
| Docket last updated: 05/15/2024 11:59 PM EDT |
| Monday, May 13, 2024 | ||
| 28 | 28
respm
Response in Opposition to Motion
Mon 05/13 10:56 AM
RESPONSE in Opposition re26 MOTION for Order to Make Preliminary Determination on Similarly Situated Individuals for Purposes of Sending Court-Authorized Notice to Potential Plaintiffs and Motion to Strike filed by Defendant Hillstone Healthcare Inc.. (Salsbury, Scott) |
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| Friday, April 26, 2024 | ||
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order
Order Set Motion and R&R Deadlines/Hearings
Fri 04/26 11:11 AM
NOTATION ORDER: This matter is before the Court on Defendants' unopposed Motion for an Extension of Time to respond to Plaintiffs' Motion for a Preliminary Determination on Similarly Situated Individuals. For good cause, Defendants' Motion (Doc.27 ) is GRANTED. Defendants shall respond to the Motion for a Preliminary Determination on Similarly Situated Individuals by May 13, 2024. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 04/26/2024. (kaf) |
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| Thursday, April 25, 2024 | ||
| 27 | 27
motion
Extension of Time
Thu 04/25 4:45 PM
MOTION for Extension of Time New date requested 5/13/2024. by Defendants Crystal Care of Ironton, LLC, Hillstone Healthcare Inc., McKenna Health Care of Franklin Furnace Inc., McKenna Health Care of Portsmouth, Inc., OneSource Employee Management, LLC. (Salsbury, Scott) |
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| Monday, April 15, 2024 | ||
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order
Order on Motion for Leave to File
Mon 04/15 10:12 AM
NOTATION ORDER: This matter is before the Court on Plaintiffs' Motion for Leave to File Excess Pages on its Motion for Court-Approved Notice (Doc.25 ). Plaintiffs have already filed their Motion for Court-Approved Notice (see Doc.26 ), so the Motion (Doc.25 ) shall be DENIED AS MOOT. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 04/15/2024. (kaf) |
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| Wednesday, April 10, 2024 | ||
| 26 | 26
22
pgs
motion
Order to
Wed 04/10 10:01 AM
MOTION for Order to Make Preliminary Determination on Similarly Situated Individuals for Purposes of Sending Court-Authorized Notice to Potential Plaintiffs by Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson. (Herbert, Rhiannon) |
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Att: 1
Exhibit Proposed Notice and Consent to Class,
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Att: 2
Exhibit Defendants' Discovery Responses,
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Att: 3
Exhibit Discovery Correspondence Between Counsel,
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Att: 4
Exhibit Job Descriptions,
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Att: 5
Exhibit Employee Handbook,
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Att: 6
Exhibit Samokovski Declaration, Missed Break Forms, and Pay and Time Records,
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Att: 7
Exhibit Colley Declaration,
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Att: 8
Exhibit Frazee Declaration,
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Att: 9
Exhibit Nelson Declaration,
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Att: 10
Exhibit Perkins Declaration,
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Att: 11
Exhibit Millhouse Declaration,
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Att: 12
Exhibit Baldwin Declaration,
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Att: 13
Exhibit Thomas Declaration,
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Att: 14
Exhibit Roar Declaration,
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Att: 15
Exhibit Moore Declaration,
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Att: 16
Exhibit Kevin Wilson Missed Break Form, Pay and Time Records
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| Friday, April 05, 2024 | ||
| 25 | 25
motion
Leave to File Document
Fri 04/05 8:57 AM
Unopposed MOTION for Leave to File Excess Pages on Plaintiffs' Motion for Court-Facilitated Notice to Potential Plaintiffs by Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson. (Herbert, Rhiannon) |
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| Thursday, February 22, 2024 | ||
| 24 | 24
6
pgs
order
Order on Motion for Order to
Thu 02/22 11:33 AM
ORDER AND OPINION: 1. The Court GRANTS IN PART AND DENIES IN PART Plaintiffs' Motion to Extend the Deadlines for Preliminary Discovery and for Motions Seeking Court-Approved Notice to Similarly Situated Employees (Doc.19 ). The Motion is DENIED as it applies to Plaintiffs' request to toll the FLSA limitations period for potential opt-in plaintiffs. The Motion is GRANTED as it applies to the requested extension of the current discovery and motions deadline. 2. The Calendar Order (Doc.15 ) is AMENDED is follows: a. Preliminary discovery limited to the proper scope and definition, if any, of Plaintiffs' proposed collective class deadline: March 14, 2024. b. Deadline for filing any motion seeking court-approved notice to other employees for purposes of joining the suit: April 11, 2024. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 02/22/2024. (kaf) |
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| Wednesday, February 07, 2024 | ||
| 23 | 23
4
pgs
order
Order on Oral Request
Wed 02/07 9:11 AM
MEMORANDUM ORDER issued following telephone conference held before the undersigned on 1/31/2024. The Court ORDERS Defendants to respond to Plaintiffs' Interrogatory No. 9 as outlined herein, within 14 days of this Order. Defendants' objections as to Interrogatory Nos. 4, 8,12, 18 are herein SUSTAINED. Signed by Magistrate Judge Stephanie K. Bowman on 2/7/2024. (km) |
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| Wednesday, January 31, 2024 | ||
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minutes
Telephone Conference
Thu 02/01 11:25 AM
Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Informal Discovery Conference held on 1/31/2024. Attorney Rhiannon Herbert appeared on behalf of Plaintiffs. Attorneys Scott Salsbury and Dominic Parish appeared on behalf of Defendants. Arguments heard. Written Order to follow. (km) |
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motion
Oral Request
Wed 02/07 9:06 AM
Joint Oral Request for Court's ruling on disputed discovery issues. (km) |
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| Wednesday, January 17, 2024 | ||
| 22 | 22
respm
Reply to Response to Motion
Wed 01/17 10:39 AM
REPLY to Response to Motion re19 MOTION for Order to Extend Case Deadlines and Toll the Statute of Limitations Period for Potential Opt-In Plaintiffs filed by Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson. (Herbert, Rhiannon) |
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| Friday, January 12, 2024 | ||
| 21 | 21
respm
Response in Opposition to Motion
Fri 01/12 4:33 PM
RESPONSE in Opposition re19 MOTION for Order to Extend Case Deadlines and Toll the Statute of Limitations Period for Potential Opt-In Plaintiffs filed by Defendants Crystal Care of Ironton, LLC, Hillstone Healthcare Inc., McKenna Health Care of Franklin Furnace Inc., McKenna Health Care of Portsmouth, Inc., OneSource Employee Management, LLC. (Salsbury, Scott) |
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| Friday, January 05, 2024 | ||
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order
Order on Motion to Dismiss
Fri 01/05 12:10 PM
NOTATION ORDER: This matter is before the Court on Plaintiffs' and Defendant OneSource Employee Management, LLC's Unopposed Motion to Dismiss OneSource (Doc.18 ). Pursuant to Federal Rule of Civil Procedure 21, OneSource is hereby DISMISSED from this action. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 01/05/2024. (kaf) |
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order
Order Set Motion and R&R Deadlines/Hearings
Fri 01/05 12:22 PM
NOTATION ORDER: This matter is before the Court on Plaintiffs' Motion to Extend Case Deadlines (Doc.19 ). Defendants shall file a response to the motion by January 12, 2024. Plaintiffs may file a reply in support of their motion no later than January 17, 2024. IT IS ORDERED. Signed by Judge Matthew W. McFarland on 01/05/2024. (kaf) |
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| Thursday, January 04, 2024 | ||
| 19 | 19
3
pgs
motion
Order to
Thu 01/04 4:04 PM
MOTION for Order to Extend Case Deadlines and Toll the Statute of Limitations Period for Potential Opt-In Plaintiffs by Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson. (Herbert, Rhiannon) |
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Att: 1
Exhibit Proposed Order
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| 18 | 18
motion
Dismiss
Thu 01/04 4:02 PM
Unopposed MOTION to Dismiss Defendant OneSource Employee Management, LLC Pursuant to Fed. R. Civ. P. 21 by Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson. (Herbert, Rhiannon) |
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misc
Docket Annotation
Thu 01/04 12:43 PM
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh) |
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order
Order Referring Case to Magistrate Judge
Thu 01/04 3:34 PM
NOTATION ORDER: This matter is before the Court on the parties discovery dispute submitted on December 21, 2023. The Court REFERS this matter to Magistrate Judge Stephanie K. Bowman for the limited purpose of resolving the discovery dispute. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 01/04/2024. (kaf) |
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| Thursday, December 07, 2023 | ||
| 17 | 17
17
pgs
order
Order on Motion for Protective Order
Thu 12/07 1:49 PM
STIPULATED PROTECTIVE ORDER granting16 Motion for Protective Order. Signed by Judge Matthew W. McFarland on 12/7/2023. (md) |
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| Monday, December 04, 2023 | ||
| 16 | 16
motion
Protective Order
Mon 12/04 5:28 PM
Joint MOTION for Protective Order by Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson. (Herbert, Rhiannon) |
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Att: 1
Exhibit Stipulated Protective Order
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| Tuesday, November 07, 2023 | ||
| 15 | 15
order
Cincinnati Preliminary Pretrial Order ~Util - Set Deadlines
Tue 11/07 1:24 PM
CALENDAR ORDER - Pursuant to the filing of the Amended Rule 26(f) Report by the parties on November 6, 2023 (Doc.14 ), this case shall proceed as follows: 1. Deadline for settlement demand: Within 90 days of resolution of Plaintiffs'Motion for Preliminary Determination on Similarly Situated Individuals forPurposes of Sending Notice or the closure of the opt-in period, whichever islater 2. Deadline for response to settlement demand: Within 30 days of Plaintiffs'demand 3. Deadline to submit protective order: December 4, 2023 4. Deadline to exchange initial disclosures: December 8, 2023 5. Preliminary discovery limited to the proper scope and definition, ifany, of Plaintiffs' proposed collective class deadline: January 29, 2024 6. Deadline for filing any motion seeking court-approved notice to other employees for purposes of joining the suit: February 26, 2024 7. Deadline for motions related to pleadings: 30 days after resolution of Plaintiffs' Motion for Preliminary Determination on Similarly Situated Individuals for Purposes of Sending Notice or the closure of the opt-in period,whichever is later 8. Deadline for motion to amend pleadings/add parties: 30 days afterresolution of Plaintiffs' Motion for Preliminary Determination onSimilarly Situated Individuals for Purposes of Sending Notice or theclosure of the opt-in period, whichever is later 9. Disclosure of non-expert (fact) witnesses: April 29, 2024 10. Deadlines for disclosure of expert witnesses and submission of expert reports: Plaintiffs' expert report(s): February 26, 2024 Defendants' expert report(s): March 25, 2024 Disclosure and report of rebuttal experts: April 29, 2024 11. Discovery after resolution of Plaintiffs' Motion for Preliminary Determination on Similarly Situated Individuals for Purposes of Sending Notice deadline: 6 months from the resolution of Plaintiffs' Motion for PreliminaryDetermination on Similarly Situated Individuals for Purposes of SendingNotice or the closure of the opt-in period, whichever is later 12. Dispositive motions deadline: 45 days after the completion of discovery IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 11/07/2023. (kaf) |
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| Monday, November 06, 2023 | ||
| 14 | 14
misc
Rule 26(f) Report
Mon 11/06 9:01 AM
RULE 26(f) REPORT (Amended) by Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson. (Herbert, Rhiannon) |
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| Monday, October 23, 2023 | ||
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minutes
Telephone Conference ~Util - Set Deadlines
Mon 10/23 3:10 PM
Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 10/23/2023. Counsel for Plaintiffs and Defendants were present by phone. The Court discussed this matter with counsel. A revised Rule 26 Report shall be filed by 11/06/2023. (kaf) |
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| Wednesday, August 23, 2023 | ||
| 13 | 13
notice
Notice (Other)
Wed 08/23 10:12 AM
NOTICE by Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson of Sixth Circuit Decision in Clark et al. v. A&L Home Care and Training Center, et al. and Request for Status Conference (Joint) (Herbert, Rhiannon) |
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Att: 1
Exhibit Plaintiffs' Preliminary Discovery Requests on Similarly Situated Analysis
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| Monday, March 27, 2023 | ||
| 12 | 12
2
pgs
order
Order Staying Case
Mon 03/27 1:50 PM
ORDER STAYING CASE: This matter is before the Court following a Preliminary Pretrial Conference with the parties. The parties have submitted their Rule 26(f) report, wherein they propose dates for discovery. The parties disagree on how to proceed with discovery. Plaintiffs believe that discovery should proceed on the definition and scope of the proposed collective class. Defendants contend that discovery should be stayed pending the Sixth Circuit's decision in Brooke Clark, et al. v. A&L Home Care and Training Center, LLC, Nos. 22-3101 & 22-3102 . Upon consideration of the parties' interests, judicial economy, and efficient litigation, the Court STAYS this matter pending the Sixth Circuit's resolution of Clarke . The parties are DIRECTED to notify the Court when the Sixth Circuit decides Clarke or if they reach a settlement. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/27/2023. (kaf) |
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| Wednesday, March 22, 2023 | ||
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minutes
Telephone Conference
Wed 03/22 4:08 PM
Minute Entry for proceedings held before Judge Matthew W. McFarland: Preliminary Pretrial Conference held on 03/22/2023. Present by phone were Attorneys Gregory R. Mansell and Rhiannon, counsel for Plaintiffs; Attorney Scott Salsbury, counsel for Defendants Hillstone Healthcare Inc., Crystal Care of Ironton, LLC, McKenna Health Care of Franklin Furnace Inc., and McKenna Health Care of Portsmouth, Inc.; and Attorney Jeremy David Smith, counsel for Defendant OneSource Employee Management, LLC. The Court discussed the status of the case with counsel. The Court's decision regarding a stay will be filed by separate docket entry. (kaf) |
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| Wednesday, March 15, 2023 | ||
| 11 | 11
misc
Rule 26(f) Report
Wed 03/15 2:20 PM
RULE 26(f) REPORT of the Parties by Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson. (Herbert, Rhiannon) |
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| Monday, January 30, 2023 | ||
| 10 | 10
answer
Answer to Complaint
Mon 01/30 12:34 PM
ANSWER to1 Complaint, filed by Crystal Care of Ironton, LLC. (Salsbury, Scott) |
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| 9 | 9
answer
Answer to Complaint
Mon 01/30 12:33 PM
ANSWER to Complaint filed by Hillstone Healthcare Inc., McKenna Health Care of Franklin Furnace Inc., McKenna Health Care of Portsmouth, Inc.. (Salsbury, Scott) |
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| 8 | 8
answer
Answer to Complaint
Mon 01/30 10:02 AM
ANSWER to1 Complaint, filed by OneSource Employee Management, LLC. (Smith, Jeremy) |
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| Wednesday, January 04, 2023 | ||
| 7 | 7
service
Waiver of Service Executed
Wed 01/04 11:25 AM
WAIVER OF SERVICE Returned Executed. Waiver sent to McKenna Health Care of Portsmouth, Inc. on 11/29/2022, answer due 1/30/2023. (Herbert, Rhiannon) |
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| 6 | 6
service
Waiver of Service Executed
Wed 01/04 11:24 AM
WAIVER OF SERVICE Returned Executed. Waiver sent to McKenna Health Care of Franklin Furnace Inc. on 11/29/2022, answer due 1/30/2023. (Herbert, Rhiannon) |
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utility
Set/Reset Deadlines
Wed 01/04 10:06 AM
Set Deadlines: Crystal Care of Ironton, LLC answer due 1/30/2023; Hillstone Healthcare Inc. answer due 1/30/2023. (eh) |
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| Monday, January 02, 2023 | ||
| 5 | 5
service
Waiver of Service Executed
Mon 01/02 8:53 AM
WAIVER OF SERVICE Returned Executed. (Salsbury, Scott) |
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| 4 | 4
service
Waiver of Service Executed
Mon 01/02 8:51 AM
WAIVER OF SERVICE Returned Executed. (Salsbury, Scott) |
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| Friday, December 16, 2022 | ||
| 3 | 3
service
Waiver of Service Executed
Fri 12/16 11:10 AM
WAIVER OF SERVICE Returned Executed. Waiver sent to OneSource Employee Management, LLC on 11/29/2022, answer due 1/30/2023. (Herbert, Rhiannon) |
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| Wednesday, November 30, 2022 | ||
| 2 | 2
notice
Notice of Appearance
Wed 11/30 10:38 AM
NOTICE of Appearance by Gregory R Mansell for Plaintiffs Christopher Baldwin, Ryan Colley, Susan Frazee, Danny Millhouse, Gina Moore, Sherry Nelson, Natasha Perkins, Stephanie Roar, Nadia Samokovski, Jennifer Thomas, Adrian Wheeler, Kevin Wilson (Mansell, Gregory) |
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| Tuesday, November 29, 2022 | ||
| 1 | 1
cmp
Complaint
Tue 11/29 1:09 PM
COMPLAINT with JURY DEMAND by Plaintiffs against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9157644), filed by Kevin Wilson, Sherry Nelson, Christopher Baldwin, Nadia Samokovski, Gina Moore, Ryan Colley, Jennifer Thomas, Adrian Wheeler, Stephanie Roar, Susan Frazee, Natasha Perkins, Danny Millhouse. (Herbert, Rhiannon) |
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Att: 1
Exhibit Combined Consent Forms,
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Att: 2
Civil Cover Sheet Executed Civil Cover Sheet
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