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Filed: 3/15/2018, Entered: 3/15/2018 |
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NOTATION ORDER Approving - re 22 Stipulation of Dismissal filed by Laborers' International Union of North America, Local 141. Case terminated. Signed by Judge Walter H. Rice on 03/15/2018. (tp)
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 22 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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STIPULATION of Dismissal with Prejudice by Plaintiff Laborers' International Union of North America, Local 141. (Hymore, Ryan)
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 Request |
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| 21 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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Minute Entry: This civil case came before the Court for an initial discovery status conference by telephone on 11/30/17 at 10:00 a.m.. Attorneys Ryan Hymore and Timothy Pepper participated. Counsel represented that discovery is progressing and that no disputes are anticipated at present. Counsel were advised to contact the Court should discovery issues arise requiring Court intervention or should the parties seek mediation. (dm)
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| 20 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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NOTICE: The telephone conference scheduled for 11/29/2017 at 10:00 a.m. is postponed. The Telephone Conference is reset for 11/30/2017 at 10:00 AM in Teleconference before Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm) Modified on 11/29/2017 (dm).
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| 19 |
Filed: 10/25/2017, Entered: 10/25/2017 |
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NOTATION ORDER: This civil case was referred to the undersigned for all pretrial matters until expiration of the discovery period. The undersigned sets this case for a discovery status conference by telephone on 11/29/2017 at 10:00 a.m. and 4/25/2018 at 10:00 a.m. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 10/24/2017. (dm)
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| 18 |
Filed: 10/6/2017, Entered: 10/6/2017 |
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PRELIMINARY PRETRIAL CONFERENCE ORDER: Case is referred to Magistrate Judge Michael J. Newman Motions directed to pleadings due by 1/8/2017. Amended Pleadings due by 12/1/2017. Lay Witness due by 3/5/2018. Discovery due by 5/29/2018. Status Conference set for 6/5/2018 05:00 PM by Teleconference before Judge Walter H. Rice. Proposed Final Pretrial Order due by 10/9/2018. Final Pretrial Conference set for 10/16/2018 05:00 PM in Teleconference before Judge Walter H. Rice. Exhibit Submission for Trial or Hearing due by 10/12/2017. Jury Trial set for 10/29/2018 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice. Signed by Judge Walter H. Rice on 10/6/17. (pb)
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Request |
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Filed: 10/2/2017, Entered: 10/2/2017 |
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If case is referred it will be assigned to Magistrate Judge Michael J. Newman. (cib)
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Filed: 10/2/2017, Entered: 10/2/2017 |
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Minute Entry for proceedings held : Telephone Conference held on 10/2/2017. Trial date set for 10/29/2018. A Scheduling Order will be filed shortly. (tp)
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| 17 |
Filed: 9/25/2017, Entered: 9/25/2017 |
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RULE 26(f) REPORT of the Parties by Plaintiff Laborers' International Union of North America, Local 141. (Hymore, Ryan)
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Request |
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Filed: 8/29/2017, Entered: 8/29/2017 |
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NOTICE OF PRELIMINARY PRETRIAL TELEPHONE CONFERENCE: Preliminary Pretrial Telephone Conference set for 10/2/2017 04:15 PM before Judge Walter H. Rice. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed. R. Civ. P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed. R. Civ. P. 26(f). NOTE...the format for the Rule 26(f) conference between counsel and the Report to the court has been altered. This new form is available on line and MUST be utilized in this case. The Report must be filed 7 DAYS PRIOR TO THE CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court's docket, please notify the Courtroom Deputy, Tisha Parker, at 937-512-1501, immediately, to include the additional attorneys in the Preliminary Pretrial Telephone Conference. If you wish a number other than your office number called, please advise 24 hours preceding the conference. (tp)
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| 16 |
Filed: 8/29/2017, Entered: 8/29/2017 |
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DECISION AND ENTRY OVERRULING AS MOOT DEFENDANT'S MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT (DOC. # 10 ); SUSTAINING DEFENDANT'S AMENDED MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT (DOC. # 15 ); VACATING CLERK'S ENTRY OF DEFAULT (DOC. # 8 ). Signed by Judge Walter H. Rice on 8/29/2017. (pb)
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Request |
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| 15 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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Amended MOTION to Set Aside Default by Defendant Gayston Corporation. (Attachments: # 1 Exhibit 1 - Decl. of C. Cain, # 2 Exhibit 2 - Decl. of A. Sheldrick, # 3 Exhibit 3 - Decl. A. Stone) (Pepper, Timothy)
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Request |
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Filed: 7/5/2017, Entered: 7/5/2017 |
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NOTATION ORDER sustaining 14 Motion for Leave to File Supplement to Defendant's Motion to Set Aside Clerk's Entry of Default. Signed by Judge Walter H. Rice on 07/05/2017. (tp)
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| 14 |
Filed: 6/28/2017, Entered: 6/28/2017 |
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MOTION for Leave to File SUPPLEMENT TO DEFENDANT'S MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT by Defendant Gayston Corporation. (Attachments: # 1 Exhibit 1 - Decl. of Casey Cain, # 2 Exhibit 2 - Decl. of Andrew Sheldrick, # 3 Exhibit 3 - Decl. Adam Stone) (Pepper, Timothy)
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Request |
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| 13 |
Filed: 6/14/2017, Entered: 6/14/2017 |
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RESPONSE in Opposition re 10 MOTION to Set Aside Default filed by Plaintiff Laborers' International Union of North America, Local 141. (Hymore, Ryan)
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Request |
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| 12 |
Filed: 5/24/2017, Entered: 5/24/2017 |
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NOTICE of Appearance by Robert Thomas Dunlevey for Defendant Gayston Corporation (Dunlevey, Robert)
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Request |
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| 11 |
Filed: 5/24/2017, Entered: 5/24/2017 |
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Corporate Disclosure Statement by Defendant Gayston Corporation. (Pepper, Timothy)
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Request |
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| 10 |
Filed: 5/24/2017, Entered: 5/24/2017 |
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MOTION to Set Aside Default by Defendant Gayston Corporation. (Pepper, Timothy)
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Request |
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| 9 |
Filed: 5/24/2017, Entered: 5/24/2017 |
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ANSWER to 1 Complaint, filed by Gayston Corporation. (Pepper, Timothy)
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Request |
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| 8 |
Filed: 5/1/2017, Entered: 5/1/2017 |
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Clerk's ENTRY OF DEFAULT as to Defendant Gayston Corporation. (jmb)
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Request |
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| 7 |
Filed: 4/28/2017, Entered: 4/28/2017 |
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Application to Clerk for entry of default against Defendant Gayston Corporation . (Hymore, Ryan)
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Request |
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| 6 |
Filed: 4/6/2017, Entered: 4/6/2017 |
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ORDER - On March 6. 2017, Casey Cain, who is identified as Director of Human Resources, Gayston Corporation, filed a pleading purporting to be a pro se Answer on behalf of the Defendant corporation. (Doc. 5 ). It is well settled that a corporation cannot appear in federal court except through an attorney. Rowland v. California Men 's Colony, 506 U.S. 194, 201-202(1993); Doherty v. American Motors Corp., 728 F. 2d 334, 340 (6th Cir. 1984). Furthermore, it is insufficient that the person attempting to represent the corporation is an officer of the corporation. Reich v. Pierce, 45 F. 3d 431, n. 1 (6th Cir. 1994). Therefore, Casey Cain cannot represent the corporate defendant named in this case. Accordingly, Defendant, Gayston Corporation, must secure counsel to represent it in this case within TWENTY-ONE (1) days of the filing date of this Order, and counsel shall enter an appearance on behalf of Defendant within that time. If Defendant, corporation fails to secure counsel within the allotted time, the Court may consider entering default judgment against Defendant Gayston Corporation. Signed by Judge Walter H. Rice on 4/6/2017. (srb)
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Request |
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| 5 |
Filed: 3/6/2017, Entered: 3/6/2017 |
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ANSWER to 1 Complaint,filed by Gayston Corporation.(Attachments: # 1 Payment List, # 2 2016 Payroll Check Register, # 3 2015 Payroll Check Register, # 4 2014 Payroll Check Register, # 5 2013 Payroll Check Register) (kma)
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Request |
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| 4 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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SUMMONS Returned Executed as to Defendant Gayston Corporation. Gayston Corporation served on 2/24/2017, answer due 3/17/2017. (kma)
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Request |
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| 3 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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CERTIFICATE of Clerk: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: # 1 Certified Mail Receipt) (bjc)
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Request |
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| 2 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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Summons Issued as to Gayston Corporation. (bjc)
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Request |
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| 1 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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COMPLAINT against Gayston Corporation ( Filing fee $ 400 paid - receipt number: 0648-5849510), filed by Laborers' International Union of North America, Local 141. (Attachments: # 1 Exhibit 1: January 27, 2017 NLRB Determination, # 2 Civil Cover Sheet) (Hymore, Ryan)
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Request |
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