Pate v. Dayton, Ohio

Federal Civil Lawsuit Ohio Southern District Court, Case No. 3:16-cv-00475
District Judge Thomas M Rose, presiding
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District Judge Thomas M Rose
Last Updated July 29, 2025 at 12:53 PM EDT (7.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [398A686], Plaintiff

Represented by Mangano Law Offices Company, LPA

Name Phone Fax E-Mail
Space Ryan Keith Hymore +1 513 255 5888 +1 216 397 5845 rkhymore@bmanganolaw.com
v.
No Logo City of Dayton, Ohio, Defendant

Represented by City of Dayton, Ohio

Name Phone Fax E-Mail
Space Leonard J Bazelak leonard.bazelak@daytonohio.gov
Space John C Musto +1 937 333 4116 +1 937 333 3628 john.musto@daytonohio.gov

Represented by Taft Stettinius & Hollister LLP

Name Phone Fax E-Mail
Space Timothy George Pepper +1 937 641 1740 +1 937 228 2816 pepper@taftlaw.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit Labor: Fair Standards
Jurisdiction Federal Question
Case Status closed
Jury Demand Defendant
Anonymization By SCALES
Timeline
  Entries (18) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 16 Filed: 12/6/2017, Entered: 12/6/2017 Court Filing
ORDER granting 15 Motion - approving Settlement Agreement. It is ordered that the terms and conditions of the Settlement Agreement and General Release are incorporated herein, by consent of the parties, the Court shall retain jurisdiction for the purpose of enforcing the attached Settlement Agreement and General Release and except as necessary to enforce the terms of the attached Settlement Agreement and General Release, this case is hereby dismissed with prejudice. Signed by Judge Thomas M. Rose on 12-6-2017. (de)
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Legal Document (Payment Possibly Required) 15 Filed: 12/5/2017, Entered: 12/5/2017
Joint MOTION Joint Motion to Approve Settlement Agreement by Defendant City of Dayton, Ohio. (Attachments: # 1 Exhibit Proposed Settlement Agreement) (Musto, John)
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Blank 14 Filed: 11/3/2017, Entered: 11/3/2017
Mediator's Note: Mediation efforts continued with multiple phone calls to counsel for both sides. (dm)
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Legal Document (Payment Possibly Required) 13 Filed: 10/10/2017, Entered: 10/10/2017
NOTICE of Appearance by Timothy G Pepper for Defendant City of Dayton, Ohio (Pepper, Timothy)
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Legal Document (Payment Possibly Required) 12 Filed: 8/23/2017, Entered: 8/23/2017 Court Filing
MEDIATION ORDER- The undersigned sets this case for mediation on November 7, 2017 at the Federal Building, 200 West Second Street, Room 505, Dayton, Ohio, 45402. Plaintiff and representatives shall arrive at the mediation by 9:30 a.m. Defendant and representatives shall arrive at the mediation by 10:30 a.m. Not later than October 31, 2017, each party is ORDERED to submit a Mediation Statement. Plaintiff is ORDERED to separately submit a document titled Proposed Settlement Terms containing the essential terms demanded before 5:00 p.m. on October 17, 2017. Defendant is ORDERED to separately submit to Chambers (by email) and counsel for Plaintiff a Response to the Proposed Settlement Terms (Response) addressing each essential term demanded by Plaintiff before 5:00 p.m. on October 24, 2017. Plaintiff SHALL arrive at the mediation prepared to immediately reply to Defendants Response to the Proposed Settlement Terms. The undersigned sets this case for a pre-mediation status conference by telephone on November 1, 2017 at 3:30 p.m. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. If any attorney, party, or party representative needs accommodations for the mediation or for the pre-mediation status conference, please contact Diane Marcus at (937) 512-1640 or at diane_marcus@ohsd.uscourts.gov.. Signed by Magistrate Judge Michael J. Newman on 8/23/17. (kma)
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Legal Document (Payment Possibly Required) 10 Filed: 8/11/2017, Entered: 8/11/2017
Witness List by Plaintiff 398A686. (Hymore, Ryan)
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Legal Document (Payment Possibly Required) 9 Filed: 8/11/2017, Entered: 8/11/2017
Witness List by Defendant City of Dayton, Ohio. (Musto, John)
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Legal Document (Payment Possibly Required) 8 Filed: 8/10/2017, Entered: 8/10/2017 Court Filing
ORDER OF REFERENCE- Order referring case to Magistrate Judge Michael J. Newman for settlement purposes only. Signed by Magistrate Judge Sharon L. Ovington on 8/10/17. (kma)
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Blank  Filed: 7/10/2017, Entered: 7/10/2017
NOTATION ORDER granting 7 Joint Motion for Extension of Time filed by City of Dayton, Ohio. Lay Witness due by 8/11/2017. Signed by Magistrate Judge Sharon L. Ovington on 7/10/2017. (lek)
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Legal Document (Payment Possibly Required) 7 Filed: 7/7/2017, Entered: 7/7/2017
Joint MOTION for Extension of Time New date requested 8/11/2017. To file Lay Witness Disclosure by Defendant City of Dayton, Ohio. (Attachments: # 1 Text of Proposed Order Proposed Order) (Musto, John)
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Legal Document (Payment Possibly Required) 6 Filed: 3/2/2017, Entered: 3/2/2017 Court Filing
PRELIMINARY PRETRIAL ORDER: Case is referred to Magistrate Judge Sharon L. Ovington - Amended Pleadings due by 4/15/2017. Motions directed to pleadings due by 5/5/2017. Lay Witness due by 7/11/2017. Plaintiff Primary Expert due by 8/15/2017. Defendant Primary Expert due by 9/21/2017. Plaintiff Rebuttal Expert due by 10/20/2017. Defendant Rebuttal Expert due by 12/20/2017. Discovery due by 1/31/2018. Telephone Status Conference (following discovery) set for 2/12/2018 at 10:00 AM before Judge Thomas M. Rose. Motions not directed to pleadings due by 3/21/2018. Final Pretrial Conference set for 9/13/2017 at 1:30 PM in Chambers before Judge Thomas M. Rose. Exhibit Submission for Trial due by 10/10/2018. Jury Trial set for 10/15/2018 at 9:00 AM in Courtroom 2 - Dayton before Judge Thomas M. Rose. Signed by Judge Thomas M. Rose on 3/2/17. (ep)
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Legal Document (Payment Possibly Required) 5 Filed: 2/22/2017, Entered: 2/22/2017
RULE 26(f) REPORT of the Parties by Defendant City of Dayton, Ohio. (Musto, John)
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Blank  Filed: 1/18/2017, Entered: 1/18/2017
NOTICE of Hearing: Preliminary Pretrial Conference set for Wednesday, March 1, 2017 at 10:00 a.m. by telephone conference call before Judge Thomas M. Rose. The Court will initiate the call. 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 PRELIMINARY PRETRIAL 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 Courts docket, please notify the courtroom deputy, Liz Penski, at 937-512-1603, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. Only phone numbers for direct lines (not answering systems) should be provided to the Court. If you wish a direct line number other than your office number called, please advise the Court at least 24 hours preceding the conference. (ep)
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Legal Document (Payment Possibly Required) 4 Filed: 1/13/2017, Entered: 1/13/2017
ANSWER to 1 Complaint with Jury Demand filed by City of Dayton, Ohio. (Musto, John)
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Legal Document (Payment Possibly Required) 3 Filed: 12/15/2016, Entered: 12/15/2016
WAIVER OF SERVICE Returned Executed. Waiver sent to City of Dayton, Ohio on 11/18/2016, answer due 1/17/2017. (Hymore, Ryan)
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Legal Document (Payment Possibly Required) 2 Filed: 11/22/2016, Entered: 11/22/2016
REQUEST FOR WAIVER of Service sent to Defendant City of Dayton, Ohio on November 18, 2016 by Plaintiff 398A686. Waiver of Service due by 12/19/2016. (Attachments: # 1 Exhibit : Waiver of Service Mailed November 18, 2016, # 2 Exhibit : Certified Mail Return Receipt No.7015 0640 0003 3770 1475) (Hymore, Ryan)
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Blank  Filed: 11/21/2016, Entered: 11/21/2016
...If case is referred it will be assigned to Chief Magistrate Judge Sharon L. Ovingon... (srb)
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Legal Document (Payment Possibly Required) 1 Filed: 11/18/2016, Entered: 11/18/2016
COMPLAINT against City of Dayton, Ohio ( Filing fee $ 400 paid - receipt number: 0648-5737559), filed by 398A686. (Attachments: # 1 Civil Cover Sheet) (Hymore, Ryan)
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