Case: EEOC v. Pitt Ohio Express

Equal Employment Opportunity Commission v. Pitt-Ohio Express, Inc.

EEOC v. Pitt-Ohio Express, Inc.

EEOC v. Pitt-Ohio Express, Inc.

EEOC v. Pitt-Ohio Express, Inc.

EEOC v. Pitt-Ohio Express, Inc.

EEOC v. Pitt-Ohio Express, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

Complaint against Pitt-Ohio Express, Inc. Nothing issued. Filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(C, BA) (Entered: 04/03/2006)

Random Assignment of Magistrate Judge McHargh (C, BA) (Entered: 04/03/2006)

Attorney Appearance of Jeffrey Stern and Ron Phillips filed by Lawrence Mays on behalf of Equal Employment Opportunity Commission. (Mays, Lawrence) Modified text of docket entry on 4/10/2006 (B, B). (Entered: 04/07/2006)

Motion for appearance pro hac vice of Debra M. Lawrence filed by attorney Lawrence Mays on behalf of Equal Employment Opportunity Commission. (C, K A) (Entered: 04/07/2006)

Motion to intervene as a party Plaintiff filed by Pamela J. Moher. (Attachments: # 1 Proposed Complaint in Intervention)(Elfvin, Bruce) (Entered: 04/26/2006)

Attorney Appearance filed by Dennis J. Niermann on behalf of Pamela J. Moher. (Niermann, Dennis) Modified text of docket entry on 5/8/2006 (B, B). (Entered: 04/27/2006)

Notice of Service of motin to intervene and complaint in intervention filed by Pamela J. Moher. Related document(s) 5 . (Besser, Barbara) Modified text of docket entry on 5/8/2006 (B, B). (Entered: 04/27/2006)

Order [Non Document] Granting Plaintiff's Motion for appearance pro hac vice; Attorney Debra M. Lawrence is added as counsel for Equal Employment Opportunity Commission (Related Doc # 4 )(Entered on behalf of Judge Lesley Wells on 5/18/06)(C, L) Modified text on 5/24/2006 (C, B).

Answer to Complaint (Related Doc # 1 ) filed by Pitt-Ohio Express, Inc.. (Barnard, Jr., Thomas) (Entered: 05/30/2006)

Corporate Disclosure Statement filed by all defendants. Related document(s) 8 . (Barnard, Jr., Thomas) (Entered: 05/31/2006)

Opposition to Motion to intervene as a party Plaintiff filed by all defendants. Related document(s) 5 . (Barnard, Jr., Thomas) No certificate of service, attorney notified. Modified text on 6/22/2006 (C, B). (Entered: 06/16/2006)

Certificate of Service to opposition to motion filed by defendant. Related document(s) 10 . (Barnard, Jr., Thomas) Modified wording of text on 7/3/2006 (C, B). (Entered: 06/23/2006)

Reply to response to Motion to intervene as a party filed by Pamela J. Moher. Related document(s) 5 . (Elfvin, Bruce) Modified text 7/25/2006 (C, K A). (Entered: 06/30/2006)

Attorney Appearance by David B. Malik 0023763 filed by on behalf of Pamela J. Moher. (Malik, David) (Entered: 07/20/2006)

Motion for attorney Bobbi Britton Tucker to Appear Pro Hac Vice filed by Pitt-Ohio Express, Inc. $190.00 Filing fee paid; receipt number 14660002611. (C, K A) (Entered: 07/25/2006)

Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney Bobbi Britton Tucker, Receipt # 14660002611 (C, BA)

Order [Non Document] Granting Motion for appearance pro hac vice; attorney Bobbi Britton Tucker is added as counsel for Pitt-Ohio Express, Inc. (Related Doc # 14 )(Entered on behalf of Judge Lesley Wells on 7/26/06)(C, L)

Order Granting Party Intervention Pursuant to Rule 24(a)(1). (Related Doc # 5 )(Signed by Judge Lesley Wells on 8/8/06)(C, L)

Intervenor's complaint, with jury demand, against Defendant on behalf of Plaintiff-Intervenor and the Class. Filed by Pamela J. Moher. (Elfvin, Bruce) Modified wording of text on 8/9/2006 (C, B). (Entered: 08/08/2006)

Attorney Appearance by Terrence H. Murphy filed by on behalf of Pitt-Ohio Express, Inc.. (Murphy, Terrence) (Entered: 08/22/2006)

Answer to Intervenor Complaint (Related Doc # 16 ) filed by Pitt-Ohio Express, Inc.. (Tucker, Bobbi) (Entered: 08/25/2006)

Report of Parties' Planning Meeting under Federal Civil Procedures 26(f) and Local Rules 16.3(b) filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) Modified text on 11/7/2006 (E, P). (Entered: 10/27/2006)

Case Management Conference Scheduling Order. A case management conference to be held on 12/7/2006 at 10:00 AM at Chambers 328 before Hon. Lesley Wells.( Signed by Judge Lesley Wells on 10/31/2006) (C, L) (Entered: 10/31/2006)

Motion (Letter) to reschedule the Case Management Conference Scheduled for 12/7/06 at 10:00 a.m. a half hour earlier at 9:30 a.m. filed by Pitt-Ohio Express, Inc. Related document(s) 20 . (M, P) (Entered: 11/21/2006)

Case Management Conference Plan/Order Status Conference set for 3/7/2007 10:00 AM to be held telephonically before. Amendment of pleadings due 90 days after the Court's order on class certification. Fact Discovery cutoff is 6/7/07. Class certification motions shall be filed by 7/9/07 with brief in opposition filed by 8/9/07 and reply brief due 8/24/07. Court will conduct a status conference 30 days from the court's class certification order. Signed by Judge Lesley Wells on 12/8/06. (M, P) (Entered: 12/08/2006)

Notice of Re-scheduled Hearing. The telephonic status conference set for 3/7/2007 has been cancelled. A Telephone Conference has been re-set for 4/4/2007 at 09:00 AM before Hon. Lesley Wells. (C,LS)

Motion for attorney Jaime S. Tuite to Appear Pro Hac Vice, filed by Pitt-Ohio Express, Inc.. Filing fee paid; receipt number 14660006616. (Attachments: # 1 Affidavit of Jaime S. Tuite# 2 Certificate of Good Standing# 3 Proposed Order) (B,B) Modified on 3/6/2007 (B, T). (Entered: 02/16/2007)

Financial Transaction in the amount of $100.00 received for motion to appear pro hac vice by attorney Jaime S. Tuite, Receipt # 14660006616 (K, K)

Order [Non Document] Granting Motion for appearance pro hac vice. Attorney Jaime S. Tuite is added as counsel for Pitt-Ohio Express, Inc. (Related Doc # 23 )(Entered on behalf of Judge Lesley Wells on 2/16/07).(C,LS)

Proposed Stipulation Regarding Discovery filed by Pitt-Ohio Express, Inc.. (Tucker, Bobbi) (Entered: 02/23/2007)

Proposed Stipulation Regarding Discovery filed by Pitt-Ohio Express, Inc.. (Tucker, Bobbi) (Entered: 03/01/2007)

Proposed Stipulation extending response time for Discovery filed by Pamela J. Moher. (Elfvin, Bruce) Modified wording of text on 3/12/2007 (C, Br). (Entered: 03/09/2007)

Order (Non Document). Discovery stipulation is moot. (Related Doc. # re 24 ) (Entered on behalf of Judge Lesley Wells on 3/13/07).(C,LS)

Order (Non Document) Granting Discovery Stipulation. (Related Doc. # 25 ). The parties have stipulated that Pitt Ohio shall have through 19 March 2007, to respond to Plaintiff's First Interrogatories and Plaintiff's First Request for Production and that EEOC shall have through 6 April to respond to Defendant's First Request for Production of Documents to Plaintiff and Defendant's First Set of Interrogatories to Plaintiff.(Entered on behalf of Judge Lesley Wells on 3/13/07).(C,LS)

Unopposed Motion for extension of time until (Multiple Dates) to Extend Discovery filed by Pitt-Ohio Express, Inc.. (Tuite, Jaime) (Entered: 03/19/2007)

Order [non-document]granting 27 Motion for Extension of Time re 27 Unopposed Motion for extension of time (Multiple Dates) to Extend Discovery: Phase I Fact Discovery Cutoff is 19 July 2007; Class Certification Motions due 20 August 2007; Responsive Briefs in Opposition due 20 September 2007; Reply Briefs due 5 October 2007.. Signed by Judge Lesley Wells on 6 April 2007.(D,JA)

Minutes of proceedings [non-document].Status Conference held on 6 April 2007 before Judge Lesley Wells. Parties' counsel discussed the pre-trial discovery schedule with the Court. Present for the conversation were: Jeffrey Stern, Barbara Kaye Besser, Dennis Niermann, and Terrence Murphy. The next Status Conference will be held with the Court on 5 June 2007 at 10 AM. The Court will initiate the call. (D,JA)

Stipulated Motion for extension of Current Scheduling Order until 09/06/2007 filed by all parties. (Elfvin, Bruce) (Entered: 06/06/2007)

Order [Non Document] Granting Stipulated Motion for Extension of Current Scheduling Order. (Related Doc. #28). (Entered on behalf of Judge Lesley Wells on 6/14/07)(C,LS)

Joint Letter re: Mediation Report filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 08/14/2007)

FILING ERROR- wrong version uploaded-filer will refile correct-Stipulated Motion for to Vacate Current Scheduling Order and Status Report filed by Pamela J. Moher. (Elfvin, Bruce) Modified text on 9/5/2007 (R, Sh). (Entered: 09/05/2007)

Stipulated Motion for to Vacate Current Scheduling Order and Status Report filed by Pamela J. Moher. (Elfvin, Bruce) (Entered: 09/05/2007)

Order [non-document]granting Stipulated Motion to Vacate Current Scheduling Order and Status Report(Related Doc # 31 ). Consequent to a successful mediation of this matter the prior schedule is vacated. Instead, the parties shall, jointly or separately, submit an interim status report no later than 30 September 2007. The parties shall file their Joint Motion for Preliminary Approval by 31 October 2007. A Court-initiated telephonic status conference shall be held on Thursday 15 November 2007 at 10:00 A.M. Signed by Judge Lesley Wells on 5 September 2007.(D,JA)

Joint Status Report filed by all parties. (Elfvin, Bruce) (Entered: 09/28/2007)

Address Change Notice by Thomas H. Barnard, Jr. filed by on behalf of Pitt-Ohio Express, Inc.. (Barnard, Jr., Thomas) (Entered: 10/01/2007)

Minutes of proceedings [non-document].Telephonic Status Conference held on 11/15/2007 initiated from the chambers of Judge Lesley Wells. Counsel Bruce Elfvin, Jeffrey Stern, and Terrence Murphy discussed the processing, among the parties, of the proposed consent Decree, settlement agreements and Motion for Preliminary Approval. Counsel pledged to return the Motion for Preliminary Approval to the Court by the end of the calendar year. The Court set a Telephonic Status Conference with counsel for Monday, 17 December 2007 at 10:00. The Court will initiate the call. (D,JA)

Notice of Hearing [Non Document]. A Telephonic Status Conference is set for 1/17/2007 at 02:00 PM before Judge Lesley Wells. (Court will initiate the conference call) (C,LS)

Minutes of proceedings [non-document].Telephonic Status Conference held on 1/17/2008, initiated from the chambers of Judge Lesley Wells. Counsel Bruce Elfvin, Dennis Niermann, David Malik, Jeffrey Stern, and Terrence Murphy discussed progress toward a Consent Decree and Settlement Agreement and will meet in Cleveland on 25 January 2008 at 9:30 a.m., and again on 31 January 2008 at 9:30 a.m. to work toward finalizing the proposed documents. (D,JA)

Motion for conference/hearing by Class and Intervenor filed by Plaintiff/Intervenor Pamela J. Moher. (Attachments: # 1 Appendix Mediation Summary Sheet)(Elfvin, Bruce) (Entered: 06/25/2008)

Response to 34 Motion for conference/hearing by Class and Intervenor filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 07/07/2008)

Minutes of proceedings [non-document] A Telephonic Status Conference was held on 07/09/2008 with EEOC counsel Jeff Stern and Plaintiff-Intervenor counsel Bruce Elfvin to address Mr. Elfvin's Motion filed on 25 June 2008 (Doc. 34) and Mr. Stern's brief in response, filed 7 July 2008 (Doc. 35). Counsel are in the process of addressing their differences involving the mediated settlement and will make themselves available on 10 July 2008 at 2:00 p.m. for a further telephonic conference on the prevailing issue. (D,JA)

Minutes of proceedings [non-document] A Telephonic Status Conference was held on 07/10/2008 with EEOC counsel Jeff Stern and Plaintiff-Intervenor counsel Bruce Elfvin regarding the progress of the mediated settlement in this matter. The Plaintiff-Intervenor's proposal is under review. Counsel will be available for a further telephonic status conference on the prevailing issue on 24 July 2008 at 2:00 p.m. The Court will initiate the call. (D,JA)

Minutes of proceedings [non-document] A Telephonic Status Conference was held on 07/24/2008 with EEOC counsel Jeff Stern and Plaintiff-Intervenor counsel Bruce Elfvin regarding the progress of the mediated settlement in this matter. The Plaintiff-Intervenor's proposal is under review. Counsel will be available for a further telephonic status conference on the prevailing issue on 31 July 2008 at 1:30 p.m. The Court will initiate the call. (D,JA)

Order referring case to Magistrate Judge Kenneth S. McHargh for the purpose of a settlement hearing to be held on 8/8/08 at 10:00 a.m. re 34 Motion for conference/hearing by Class and Intervenor filed by Pamela J. Moher. Judge Lesley Wells on 8/1/08. (E,P) (Entered: 08/01/2008)

Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Settlement Conference was held on 8/8/08. Case has not settled. Parties are to notify the Court by 8/22/08 of their approval of the structure of the proposed settlement agreement. Time: 4 hours. (Court Reporter None.) (R,N)

Letter filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 08/22/2008)

Notice of Hearing. A Telephonic Status Conference is set for 9/3/2008 at 10:00 AM before Magistrate Judge Kenneth S. McHargh. Plaintiff shall initiate the call and then contact the Court at 216-357-7230. (R,N) (Entered: 08/25/2008)

Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephonic Status Conference was held on 9/3/08. In attendance were: Attorney Jeffrey Stern for the plaintiff; Attorneys Barbara Besser and Dennis Niermann for the Plaintiff/Intervenor and Attorney Terrence Murphy for the defendant. The parties continued discussions regarding outstanding settlement issues. A Telephonic Status Conference is set for 9/11/2008 at 2:30 PM before Magistrate Judge Kenneth S. McHargh. Plaintiff is to initiate the call and then contact the Court at 216-357-7230. Time: 55 minutes (Court Reporter None.) (R,N)

Motion to enforce Settlement Agreement and for Statutory Interest filed by Plaintiff/Intervenor Pamela J. Moher. (Elfvin, Bruce) (Entered: 09/10/2008)

Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephonic Status Conference was held on 9/11/08. In attendance were: Attorney Jeffrey Stern for the plaintiff; Attorneys Bruce Elfvin and Dennis Niermann for the Plaintiff/Intervenor and Attorney Terrence Murphy for the defendant. The parties continued discussions regarding outstanding settlement issues. A Telephonic Status Conference is set for 9/18/2008 at 10:30 AM in before Magistrate Judge Kenneth S. McHargh. Plaintiff is to initiate the call and then contact the Court at 216-357-7230. Time: 40 minutes (Court Reporter None.) (R,N)

Minutes of proceedings before Magistrate Judge Kenneth S. McHargh. A Telephonic Status Conference was held on 9/18/08. In attendance were: Attorney Jeffrey Stern for the plaintiff; Attorneys Bruce Elfvin and Dennis Niermann for the Plaintiff/Intervenor and Attorney Terrence Murphy for the defendant. The parties continued discussions regarding outstanding settlement issues. A Telephone Status Conference is set for 9/26/2008 at 2:30 PM before Magistrate Judge Kenneth S. McHargh. Plaintiff is to initiate the call and then contact the Court at 216-357-7230. Time: 20 minutes (Court Reporter None.) (R,N)

Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephonic Status Conference was held on 9/26/08. In attendance were: Attorney Jeffrey Stern for the plaintiff; Attorneys Bruce Elfvin, Dennis Niermann and David B. Malik for the Plaintiff/Intervenor and Attorney Terrence Murphy for the defendant. The parties continued discussions regarding outstanding settlement issues. The parties jointly agreed to an extention of time to respond to the Motion to enforce the settlement agreement and for statutory interest 39 . The Court agreed and has given the parties 10 days to respond. Counsel to contact the Court next Tuesday, September 30th, should any unexpected problems arrise with the final draft. Time: 20 minutes (Court Reporter None.) (R,N)

Motion for Order QSF Approval with Settlement filed by Plaintiff/Intervenor Pamela J. Moher. (Attachments: # 1 Exhibit Signed Settlement Agreement)(Elfvin, Bruce) (Entered: 10/01/2008)

Order re 40 regarding Motion for Order QSF Approval with Settlement filed by Pamela J. Moher. This court approves and orders the designation of and establishment fo the Elfvin & Besser Co. LPA IOLTA account as a qualified settlement fund(QSF) and the appointment of Mr. Bruce B. Elfvin, as administator of that account as QFS. It is ordered that the Elfvin & Besser Co. LPA IOLTA is and be deemed a trust under Ohio law and that its assets be be segregated from the assests of the transferor, Pitt Ohio. Judge Lesley Wells on 10/3/08. (E,P) (Entered: 10/03/2008)

Notice of Withdrawal of Motion of Plaintiff-Intervenor to Enforce Settlement Agreement and For Statutory Interest filed by Pamela J. Moher. Related document(s) 39 .(Elfvin, Bruce) (Entered: 10/03/2008)

Notice of Dismissal of Claims with Prejudice filed by Pamela J. Moher. (Elfvin, Bruce) (Entered: 10/08/2008)

Order of partial dismissal. Matter is dismissed with prejudice as to Pitt-Ohio pursuant to Fed. R. Civ. P. 41, each party shall bear its own costs. Signed by Judge Lesley Wells on 10/8/2008. (Related doc 43 )(B,B) (Entered: 10/08/2008)

Joint Motion for Preliminary Approval of Consent Decree filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 Proposed Consent Decree, # 2 Exhibit 2 Proposed Preliminary Approval Order)(Stern, Jeffrey) (Entered: 10/08/2008)

Proposed Order Revised Exhibit 2 Preliminary Approval Order filed by Equal Employment Opportunity Commission. Related document(s) 45 . (Stern, Jeffrey) (Entered: 10/14/2008)

Order Granting re 45 Joint Motion for Preliminary Approval of Consent Decree filed by Equal Employment Opportunity Commission with hearing to be held on 1/22/2009 at 10:00 AM at Courtroom 328, United States Courthouse, 201 Superior Ave. N.E., Cleveland, Ohio. Judge Lesley Wells on 10/19/08. (E,P) (Entered: 10/21/2008)

Consent Decree. Judge Lesley Wells on 10/21/08. (E,P) (Entered: 10/21/2008)

Brief Pre-Fairness Hearing Memorandum in Support of Final Approval of Consent Decree filed by Equal Employment Opportunity Commission. Related document(s) 47 . (Attachments: # 1 Affidavit Anderson Declaration) (Stern, Jeffrey) (Entered: 01/16/2009)

Order that the Final Approval of the Consent Decree is hereby Approved re 48 Order. Judge Lesley Wells on 1/22/09. (E,P) (Entered: 01/23/2009)

Minutes of proceedings [non-document] before Judge Lesley Wells.Fairness Hearing held on 1/22/2009 at 10:00 a.m. to review finalization of the parties' Consent Decree between EEOC and Pitt-Ohio Express, LLC. Jeffrey Stern present representing EEOC; Terrence Murphy present representing Pitt-Ohio Express, LLC. No objections were entered to the proposed Consent Decree and the parties' counsel submitted a proposed Order for the Court's approval.Related document(s) 45 . (D,JA)

Motion for Disclosure of formula used to determine amounts awarded to offer-eligible claimants filed by Plaintiff/Intervenor Pamela J. Moher. Related document(s) 48 . (Elfvin, Bruce) Modified text on 7/6/2009 (B,B). (Entered: 07/02/2009)

Opposition to 51 Motion for Disclosure of formula used to determine amounts awarded to offer-eligible claimants filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Jeffrey Stern)(Stern, Jeffrey) Modified text on 7/24/2009 (B,B). (Entered: 07/20/2009)

Reply to response to 51 Motion for Disclosure of formula used to determine amounts awarded to offer-eligible claimants filed by Pamela J. Moher. (Elfvin, Bruce) (Entered: 07/24/2009)

Declaration hand-signed duplicate filed by Equal Employment Opportunity Commission. Related document(s) 52 . (Stern, Jeffrey) Modified text on 8/5/2009 (B,B). (Entered: 08/04/2009)

Supplemental Response to 51 Motion for Disclosure of formula used to determine amounts awarded to offer-eligible claimants filed by Pamela J. Moher. (Elfvin, Bruce) Modified text on 8/6/2009 (B,B). (Entered: 08/05/2009)

Order denying Ms. Moher's Petition as premature and submitting the dispute to mediation (Related Doc # 51 ).Signed by Judge Lesley Wells on 9/22/2009.(B,R) (Entered: 09/23/2009)

Letter Report re: Mediation filed by Equal Employment Opportunity Commission. Related document(s) 56 . (Stern, Jeffrey) (Entered: 09/29/2009)

Letter Regarding Mediation filed by Pamela J. Moher. Related document(s) 57 . (Elfvin, Bruce) (Entered: 09/30/2009)

Order that upon review, the Court directs the parties to split evenly the cost of mediating this matter re 58 Letter filed by Pamela J. Moher, 57 Letter filed by Equal Employment Opportunity Commission.. Judge Lesley Wells on 10/1/09. (E,P) (Entered: 10/01/2009)

Renewed Motion for disclosure filed by Plaintiff/Intervenor Pamela J. Moher. Related document(s) 51 . (Elfvin, Bruce) Modified text on 11/3/2009 (B,B). (Entered: 11/03/2009)

Opposition to 60 Supplemental Motion for disclosure filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 11/20/2009)

Reply to response to 60 Renewed Motion for disclosure filed by Pamela J. Moher. (Elfvin, Bruce) Modified text on 12/2/2009 (B,B). (Entered: 12/01/2009)

Order denying Ms. Moher's motion for disclosure. Judge Lesley Wells on 7/6/2010. (Related doc 51, 60 ) (K,V) Modified text and links on 7/7/2010 (B,B). (Entered: 07/06/2010)