Case: Steward v. Seneca Re-Ad Industries, Inc.

Judge Jeffrey J. Helmick assigned to case. (H,JD)

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (H,JD)

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). (H,JD)

Complaint against Seneca Re-Ad Industries, Inc. Filing fee paid $400, Receipt number 0647-8358982. Plaintiff has indicated that case may be related to pending civil action 3:17-cv-00281. Filed by Pamela Steward, Ralph Magers, Mark Felton. (Attachments: # 1 Exhibit 1 - Ralph Magers, et al. v. Seneca Re-Ad Industries, Inc., 2016-FLS-003 (Dept of Labor Feb. 2, 2016) (decision and order), # 2 Exhibit 2 - Ralph Magers, et al. v. Seneca Re-Ad Industries, Inc., ARB 16-038, ARB 16-054, 2016-FLS-003 (Dept of Labor Jan. 12, 2017) (decision and order reversing, in part, and remanding), # 3 Exhibit 3 - Seneca v. Hugler, 3:17-cv-00281 (N.D. Ohio, filed Feb. 10, 2017), # 4 Civil Cover Sheet) (Babarsky, Rebecca) (Entered: 10/06/2017)

1 Exhibit 1 - Ralph Magers, et al. v. Seneca Re-ad Industries, Inc., 2016-

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2 Exhibit 2 - Ralph Magers, et al. v. Seneca Re-ad Industries, Inc., ARB 1

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3 Exhibit 3 - Seneca v. Hugler, 3:17-cv-00281 (N.D. Ohio, filed Feb. 10, 2

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4 Civil Cover Sheet

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Judge Jack Zouhary assigned to case. (R,Ke)

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (R,Ke)

Magistrate Consent Form issued. No summons provided, no summons issued. (R,Ke) (Entered: 10/10/2017)

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,Ke)

Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: case filing fee paid twice in error. Receipt #: 0647-8358979, filed by All Plaintiffs. (Babarsky, Rebecca)

Motion for attorney Regina Kline to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8365746, filed by Mark Felton, Ralph Magers, Pamela Steward. (Attachments: # 1 Certificate of Good Standing - Regina Kline)(Babarsky, Rebecca) (Entered: 10/12/2017)

Motion for attorney Marc M. Maurer to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8365770, filed by Mark Felton, Ralph Magers, Pamela Steward. (Attachments: # 1 Certificate of Good Standing - Marc M. Maurer)(Babarsky, Rebecca) (Entered: 10/12/2017)

Motion for attorney Kevin D. Docherty to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8365780, filed by Mark Felton, Ralph Magers, Pamela Steward. (Attachments: # 1 Certificate of Good Standing - Kevin D. Docherty)(Babarsky, Rebecca) (Entered: 10/12/2017)

Motion for attorney Anthony J. May to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8365787, filed by Mark Felton, Ralph Magers, Pamela Steward. (Attachments: # 1 Certificate of Good Standing - Anthony J. May)(Babarsky, Rebecca) (Entered: 10/12/2017)

Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Jeffrey J. Helmick for all further proceedings as related to Case No. 3:17 CV 281. Judge Jack Zouhary on 10/16/2017. (D,L) (Entered: 10/16/2017)

1 Exhibit A- Motion to Reopen

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Judge Jeffrey J. Helmick assigned to case. Judge Jack Zouhary terminated. (M,L)

Marginal Entry Order granting Plaintiffs' Motion for appearance pro hac vice by attorney Regina Kline for Mark Felton, Ralph Magers, and Pamela Steward. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 3 ). Judge Jeffrey J. Helmick on 10/18/2017.(SG,D) (Entered: 10/18/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Marginal Entry Order granting Plaintiffs' Motion for appearance pro hac vice by attorney Marc M. Maurer for Mark Felton, Ralph Magers, and Pamela Steward. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 4 ). Judge Jeffrey J. Helmick on 10/18/2017.(SG,D) (Entered: 10/18/2017)

Marginal Entry Order granting Plaintiffs' Motion for appearance pro hac vice by attorney Kevin D. Docherty for Mark Felton, Ralph Magers, and Pamela Steward. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 5 ). Judge Jeffrey J. Helmick on 10/18/2017.(SG,D) (Entered: 10/18/2017)

Marginal Entry Order granting Plaintiffs' Motion for appearance pro hac vice by attorney Anthony J. May for Mark Felton, Ralph Magers, and Pamela Steward. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 6 ). Judge Jeffrey J. Helmick on 10/18/2017.(SG,D) (Entered: 10/18/2017)

Remark by Finance. Funds in the amount of $400.00 refunded on 10/18/2017 for receipt #0647-8358979. (K,Ve)

Attorney Appearance by Stephen P. Postalakis and David S. Kessler filed by on behalf of Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 10/30/2017)

Notice of Appearance of counsel of Regina Kline, Kevin Docherty and Anthony May filed by on behalf of Mark Felton, Ralph Magers, Pamela Steward. (Kline, Regina) Modified text on 11/14/2017 (D,TM). (Entered: 11/08/2017)

Case Management Conference Scheduling Notice: conference to be held on 12/5/2017 at 02:00 PM in Chambers 210 before Judge Judge Jeffrey J. Helmick. (S,AL) (Entered: 11/16/2017)

Report of Parties' Planning Meeting, filed by Mark Felton, Ralph Magers, Pamela Steward. (Attachments: # 1 Supplement)(Kline, Regina) (Entered: 11/28/2017)

Order: the case management conference scheduled for December 5, 2017 is vacated. Parties to file a motion to dismiss and/or stay by December 29, 2017. If said motions are not filed, the parties shall file a joint status report by December 29, 2017. Judge Jeffrey J. Helmick on 11/29/2017. (S,AL) (Entered: 11/29/2017)

Motion for leave to exceed page limitations with Memorandum in Support filed by Defendant Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) Modified on 12/1/2017 (D,TM). (Entered: 12/01/2017)

Marginal Entry Order granting the defendant's motion for leave to exceed page limitations. (Related Doc # 17 ) Judge Jeffrey J. Helmick on 12/7/2017.(S,AL) (Entered: 12/07/2017)

Motion to dismiss for failure to state a claim with Memorandum in Support filed by Defendant Seneca Re-Ad Industries, Inc.. Related document(s) 16 . (Postalakis, Stephen) Modified text on 12/11/2017 (D,TM). (Entered: 12/07/2017)

Unopposed Motion for extension time to file Motion to Stay until 01/08/2018 filed by Mark Felton, Ralph Magers, Pamela Steward. Related document(s) 19, 16 . (Babarsky, Rebecca) Modified text on 12/20/2017 (D,TM). (Entered: 12/15/2017)

Marginal Entry Order granting the plaintiff's unopposed motion for an extension of time until 1/8/18 to file their motion to stay and their response in opposition to the defendant's motion to dismiss. 20 Judge Jeffrey J. Helmick on 12/21/2017.(S,AL) (Entered: 12/21/2017)

Motion for leave to exceed page limitations with Memorandum in support filed by Mark Felton, Ralph Magers, Pamela Steward. Related document(s) 21 . (Babarsky, Rebecca) Modified text on 1/4/2018 (R,Ke). (Entered: 01/03/2018)

Marginal Entry Order granting the plaintiffs' motion for leave to exceed page limitations. (Related Doc # 22 ) Judge Jeffrey J. Helmick on 1/5/2018.(S,AL) (Entered: 01/05/2018)

Memorandum in Opposition to 19 Defendant's Motion to dismiss and in further support of Plaintiff's 20 Motion to Stay Proceedings filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Herman v. Vision Center Memorandum and Order)(Babarsky, Rebecca) Modified text on 1/9/2018 (D,TM). (Entered: 01/08/2018)

Reply Memorandum in support of 19 Motion to dismiss and Memorandum contra Plaintiffs' Motion to Stay filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) Modified text on 1/23/2018 (D,TM). (Entered: 01/22/2018)

Reply Memorandum in Support of Motion to Stay Proceedings filed by All Plaintiffs. Related document(s) 25 . (Attachments: # 1 Exhibit 1 - Petition for Review of Wages) (Babarsky, Rebecca) (Entered: 01/29/2018)

Motion for leave to file Surreply in support of its Motion to Dismiss with Memorandum in Support filed by Defendant Seneca Re-Ad Industries, Inc.. Related document(s) 19 . (Attachments: # 1 Exhibit Defendant's Surreply, # 2 Exhibit Solicitor of Labor Transmittal)(Postalakis, Stephen) Modified text on 2/7/2018 (D,TM). (Entered: 02/02/2018)

Marginal Entry Order granting defendant's motion for leave to file a surreply to the motion to dismiss. (Related Doc # 27 ) Judge Jeffrey J. Helmick on 2/7/2018.(S,AL) (Entered: 02/07/2018)

Sur-Reply to 19 Motion to dismiss for failure to state a claim with Memorandum in Support with attachments filed by Defendant. (S,AL) Modified on 2/9/2018 (D,TM). (Entered: 02/07/2018)

Notice of Additional Administrative Proceedings filed by Seneca Re-Ad Industries, Inc.. (Attachments: # 1 Exhibit Decision and Order on Remand)Related document(s) 19 .(Postalakis, Stephen) (Entered: 08/24/2018)

Response to Defendants Notice of Additional Administrative Proceedings filed by All Plaintiffs. Related document(s) 30 . (Babarsky, Rebecca) (Entered: 08/31/2018)

Reply to Plaintiff's 31 Response to Notice of Additional Administrative Proceedings filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 09/07/2018)

Motion for leave to File First Amended Complaint and Memorandum filed by Mark Felton, Ralph Magers, Pamela Steward. (Attachments: # 1 Exhibit 1 - First Amended Complaint (Clean), # 2 Exhibit 2 - First Amended Complaint (Redline))(Kline, Regina) Modified on 4/29/2019 (S,AL). Modified on 9/24/2020 (S,AL). (Entered: 01/31/2019)

Opposition to 33 Motion for leave to File First Amended Complaint and Memorandum filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 02/14/2019)

Memorandum Opinion and Order: Plaintiffs' motion to stay, (Doc. No. 24), is granted. Seneca's motion to dismiss, (Doc. No. 19), and Plaintiffs' motion to amend the complaint, (Doc. No.33), are denied without prejudice. The parties shall file a joint status report within 60 days of this Order or upon the entry of a final administrative decision by the Department of Labor, whichever occurs first. re 33 , 19 , 24 , 33 .. Judge Jeffrey J. Helmick on 2/19/2019. (SG,D)

Motion for reconsideration or Equitable Tolling with Memorandum in support filed by Mark Felton, Ralph Magers, Pamela Steward. Related document(s) 35 . (Babarsky, Rebecca) (Entered: 02/25/2019)

Opposition to 36 Motion for reconsideration or Equitable Tolling filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 02/28/2019)

Reply in support of 36 Motion for reconsideration or Equitable Tolling filed by Mark Felton, Ralph Magers, Pamela Steward. (Babarsky, Rebecca) (Entered: 03/07/2019)

Joint Status Report filed by All Plaintiffs. Related document(s) 35 .(Babarsky, Rebecca) (Entered: 04/19/2019)

Order: My decision to deny without prejudice Plaintiffs' motion to amend the complaint, (Doc. No.33), was a clear error which would result in a manifest injustice. I order the Clerk of Court to renew the motion on the docket and stay any further briefing on the motion. re 33 36 . Judge Jeffrey J. Helmick on 4/29/2019. (S,AL)

Order

Order (non document) Parties to file a status report by 7/15/2019. Judge Jeffrey J. Helmick on 5/17/2019. (S,AL)

Second Joint Status Report filed by All Plaintiffs. (Babarsky, Rebecca) (Entered: 07/10/2019)

Marginal Entry Order: Parties to file a joint status report due by 8/31/2019. Judge Jeffrey J. Helmick on 7/12/2019. (S,AL) (Entered: 07/12/2019)

Notice of Substitution of Counsel removing attorney Rebecca Babarsky and adding attorney Kerstin E. Sjoberg filed by on behalf of All Plaintiffs. (Sjoberg, Kerstin) (Entered: 07/24/2019)

Joint Status Report filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 08/27/2019)

Order

Order [non-document] Parties to file a joint status report by 11/1/2019. If there is a decision from the US Department of Labor's Administrative Review Board prior to 11/1/2019, parties to file a status report within one week of the decision. Judge Jeffrey J. Helmick on 9/3/2019. (S,AL)

Joint Status Report Fourth filed by All Plaintiffs. (Sjoberg, Kerstin) (Entered: 10/28/2019)

Order

Order [non-document] Parties to file a joint status report by 12/16/2019. Judge Jeffrey J. Helmick on 11/12/2019. (S,AL)

Joint Status Report Fifth filed by All Plaintiffs. (Sjoberg, Kerstin) (Entered: 12/16/2019)

Motion by Marc M. Maurer to withdraw as attorney filed by Mark Felton, Ralph Magers, Pamela Steward. (Maurer, Marc) (Entered: 12/19/2019)

Order on Motion to withdraw as attorney

Order [non-document] granting attorney Marc M. Maurer's motion to withdraw as attorney of record for the plaintiffs. (Related Doc # 47 ) Judge Jeffrey J. Helmick on 12/20/2019.(S,AL)

IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)

Order

Order [non-document] Parties to file a joint status report by 3/1/2020. Judge Jeffrey J. Helmick on 1/15/2020. (S,AL)

LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)

Joint Status Report filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 02/28/2020)

Order

Order [non-document] Parties to file a further joint status report by 5/31/2020, or sooner, if the Department of Labor Review Board renders a decision. re 48 . Judge Jeffrey J. Helmick on 4/1/2020. (S,AL)

Joint Status Report filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 05/29/2020)

Order [non-document] Parties to file a Further Joint Status Report by 8/1/2020, or sooner, if the Labor Board has made a decision. Judge Jeffrey J. Helmick on 6/2/2020. (S,AL)

Order

Attorney Appearance by Alison A. McKay filed by on behalf of All Plaintiffs. (McKay, Alison) (Entered: 07/02/2020)

Joint Status Report filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 07/31/2020)

Order [non-document] Parties to file a Further Joint Status Report by 10/1/2020, or sooner, if the Labor Board has made a decision. Judge Jeffrey J. Helmick on 8/3/2020. (S,AL)

Order

Notice of Substitution of Counsel removing attorney Kerstin Sjoberg and adding attorney Alison A. McKay filed by on behalf of All Plaintiffs. (McKay, Alison) (Entered: 08/21/2020)

Motion by Regina Kline to withdraw as attorney filed by Mark Felton, Ralph Magers, Pamela Steward. (Docherty, Kevin) (Entered: 08/27/2020)

Order [non-document] granting attorney Regina Kline's motion to withdraw as counsel for the plaintiffs. (Related Doc # 53 ) Judge Jeffrey J. Helmick on 8/28/2020.(S,AL)

Order on Motion to withdraw as attorney

Joint Status Report filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 09/21/2020)

Notice [Non-document] of Telephone Conference set for 10/6/2020 at 2:00 PM to be held telephonically before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877-411-9748, access code 1231873. (S,AL)

Order of Telephone Conference held on 10/8/2020. Time: 10 minutes. Parties to file joint status Rrport by 10/16/2020. Judge Jeffrey J. Helmick on 10/8/2020. (S,AL) (Entered: 10/08/2020)

FILED IN ERROR - Order of Telephone Conference held on 10/8/2020. Time: 20 minutes. Further Telephone Conference set for 11/5/2020 at 1:00 PM before Judge Jeffrey J. Helmick. Counsel shall call the Court's bridge line at 877-411-9748, access code 1231873, to participate in that conference. Judge Jeffrey J. Helmick on 10/8/2020. (S,AL) Modified on 10/8/2020 (S,AL). (Entered: 10/08/2020)

Joint Status Report filed by Seneca Re-Ad Industries, Inc.. (Postalakis, Stephen) (Entered: 10/15/2020)

Notice of Substitution of Counsel removing attorney Alison A. McKay and adding Paige N. Peal filed by on behalf of All Plaintiffs. (McKay, Alison) (Entered: 07/28/2022)

Notice of Withdrawal and Substitution of Counsel removing attorney Aileen Brock and adding attorney Julie Keys filed by on behalf of All Plaintiffs. (Brock, Aileen) (Entered: 01/03/2024)

Order

Order [non-document]: Counsel shall submit a Joint Status Report on or before 1/26/2024. This report may be filed on the docket or submitted to my chambers by email at helmick_chambers@ohnd.uscourts.gov. Judge Jeffrey J. Helmick on 1/4/2024. (M,SM)

Joint Status Report filed by All Plaintiffs. (Peal, Paige) (Entered: 01/24/2024)

Order

Order [non-document]: Counsel to file further Joint Status Report by 2/29/2024. re 60 . Judge Jeffrey J. Helmick on 1/26/2024. (M,SM)

Joint Status Report filed by All Plaintiffs. (Peal, Paige) (Entered: 02/29/2024)

Order

Order [non-document]: Counsel to file a further Joint Status Report by 3/29/2024. re 61 . Judge Jeffrey J. Helmick on 3/1/2024. (M,SM)

Joint Status Report filed by All Plaintiffs. (Peal, Paige) (Entered: 03/29/2024)

Notice of Dismissal Under FRCP 41(a)(1) with Prejudice filed by All Plaintiffs. (Peal, Paige) (Entered: 04/12/2024)

Stipulation & Order dismissing case with prejudice, each party to bear their/its own costs and fees. re 63 . Judge Jeffrey J. Helmick on 4/12/2024. (M,SM) (Entered: 04/12/2024)