Case details

Court: ohnd
Docket #: 4:92-cv-02292
Case Name: Featsent, et al v. Youngstown, City of
PACER case #: 86316
Date filed: 1992-10-29
Date terminated: 1994-03-31
Date of last filing: 1996-05-01
Assigned to: Hon. Paul R. Matia
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: None
Jurisdiction: U.S. Government Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1992-10-29 1 0 Complaint COMPLAINT (Summons(es), magistrate consent form issued) ( 3 pgs) (Gwin,James) (Entered: 10/30/1992)
1992-10-29 2 0 Case Information Statement CIS filed by plaintiffs Thomas Featsent, Franklin Palmer & Kenneth Centorame . Recommended Track: Expedited ( 2 pgs). (Gwin,James) (Entered: 10/30/1992)
1992-10-29 3 0 Initial Order DCM INITIAL ORDER issued. For the Court, Chief Judge Thomas D. Lambros. 3 pg(s). (Gwin,James) (Entered: 10/30/1992)
1992-11-06 4 0 Case Management Conference Scheduling Order CASE MANAGMENT CONFERENCE scheduling order. case managment conference set 4:30 12/14/92 (issued on 11/6/92) (1 pg) Judge Paul R. Matia (M,J) (Entered: 11/09/1992)
1992-11-10 5 0 Return of Service Executed RETURN OF SERVICE executed upon defendant Youngstown, City of, by cert mail, on 11/3/92 (1 pg) (M,J) (Entered: 11/12/1992)
1992-11-10 6 0 Notice of Service PROOF OF SERVICE by plaintiffs of Notice of Case Mgmt Conf. on deft, on 11/10/92 ( 2 pgs) (M,J) (Entered: 11/12/1992)
1992-11-10 7 0 Notice CERTIFICATE OF SERVICE OF DCM INITIAL ORDER by plaintiffs, upon deft, by cert mail, on 11/3/92 ( 1 pg) (M,J) (Entered: 11/12/1992)
1992-11-19 8 0 Motion for extension of time (other) MOTION by defendant to extend time to answer cmplt ( 3 pgs) (M,J) (Entered: 11/23/1992)
1992-12-11 9 0 Motion for order MOTION by plaintiffs for order to conduct CMC by telephone ( 2 pgs) (H,C M) (Entered: 12/11/1992)
1992-12-11 10 0 Position Statement re: CMC Agenda POSITION STATEMENT of plaintiffs Re: Agenda for Case Management Conf. ( 3 pgs) (H,C M) (Entered: 12/11/1992)
1992-12-14 11 0 Case Information Statement CIS filed by defendant. Recommended Track: Standard (1 pg) (M,J) (Entered: 12/15/1992)
1992-12-14 12 0 Answer to Complaint ANSWER to Complaint by defendant ( 5 pgs) (M,J) (Entered: 12/15/1992)
1992-12-14 13 0 Case Management Conference Plan/Order CASE MANAGMENT PLAN/ORDER: case managment conference held 4:30 12/14/92 , Track Designation: standard ;discovery to be complete 6/11/93 ;disp mtn filing ddl 7/12/93 ;status hearing 8:30 3/16/93 (issued on 12/15/92) ( 3 pgs) Judge Paul R. Matia (M,J) (Entered: 12/16/1992)
1993-03-12 14 0 Notice of Service PROOF OF SERVICE by defendant of interrs and req prod docmts upon pltfs, on 3/12/93 ( 3 pgs) (M,J) (Entered: 03/15/1993)
1993-03-16 15 0 Order ORDER: ;pretrial conference 8:30 10/6/93 ;trial 9:00 10/20/93 (issued on 3/16/93) ( 7 pgs) Judge Paul R. Matia (M,J) (Entered: 03/17/1993)
1993-06-11 16 0 Notice NOTICE by plaintiffs of filing consent of class members (3 pgs + attach ) (M,J) (Entered: 06/14/1993)
1993-06-14 17 0 Proposed Voir Dire WITNESS list by defendant ( 3 pgs) (M,J) (Entered: 06/15/1993)
1993-06-15 18 0 Notice of Service NOTICE OF SERVICE by plaintiffs of 1st set interrs & req for prod docmts and admns upon deft, on 6/15/93 ( 2 pgs) (M,J) (Entered: 06/16/1993)
1993-07-01 19 0 Notice of Service NOTICE OF SERVICE by plaintiffs of resp to deft's 1st req prod docmts on 7/1/93 ( 2 pgs) (M,J) (Entered: 07/02/1993)
1993-07-07 20 0 Motion for summary judgment MOTION by plaintiffs for summary judgment (11 pgs + exh) (M,J) (Entered: 07/08/1993)
1993-07-16 21 0 Motion for order MOTION by defendant to extend time to resp to SJM ( 2 pgs) (M,J) (Entered: 07/22/1993)
1993-07-26 22 0 Motion for summary judgment MOTION by defendant for summary judgment ( 3 pgs) (M,J) (Entered: 07/29/1993)
1993-07-26 23 0 Opposition MEMORANDUM by defendant in opposition to pltfs' motion for summary judgment [20-1] ( 14 pgs + exh ) (M,J) (Entered: 07/29/1993)
1993-08-17 24 0 Motion for order MOTION by plaintiffs to extend time until 8/30/93 to resp to deft's SJM ( 2 pgs) (M,J) (Entered: 08/18/1993)
1993-08-31 25 0 Reply REPLY by plaintiffs to deft's response to their motion for summary judgment [20-1], and memo in opp to deft's motion for summary judgment [22-1] ( 16 pgs + exh ) (M,J) (Entered: 09/02/1993)
1993-09-08 26 0 Opposition REPLY MEMORANDUM by deft Youngstown, City of in opp to pltfs' mot for sj [20-1] (12 pgs). (S,A A.) Modified on 09/08/1993 (Entered: 09/08/1993)
1993-09-17 27 0 Brief REPLY by platfs Kenneth Centorame, Franklin Palmer, & Thomas Featsent to pltfs' mot for sj [20-1], deft's reply memo in opp to pltfs' mot for sj [26-1], & deft's reply memo in supp of deft's mot for sj [26-1], w/afdt of Kenneth Centorame attached (10 pgs). (S,A A.) (Entered: 09/27/1993)
1993-09-24 28 0 Response RESPONSE by plaintiffs to motion to strike pltfs' reply to reply memo of deft City of Youngstown) [28-1] ( 2 pgs) (M,J) (Entered: 09/28/1993)
1993-10-06 29 0 Memorandum Opinion and Order MEMORANDUM, OPINION, AND ORDER: granting pltfs' motion for summary judgment [20-1] and denying deft's motion for summary judgment [22-1] (issued on 10/13/93) ( 7 pgs) Judge Paul R. Matia (M,J) (Entered: 10/13/1993)
1993-10-08 30 0 Order ORDER: conference 1:15 p.m. on 12/8/93 RE computations of amt of jgm in pltf's favor; pltfs shall confer with one another concerning atty fees if agreement can't be reached atty fee mtn filing ddl is 11/12/93 (issued on 10/13/93) ( 2 pgs) Judge Paul R. Matia (M,J) (Entered: 10/13/1993)
1993-11-15 31 0 Motion for order MOTION by pltfs for ext of time of 7 days, to & included 11/19/93, to file pet for interim atty fees (2 pgs). (S,A A.) (Entered: 11/15/1993)
1993-11-16 32 0 Order ORDER: granting pltf's motion for ext of time of 7 days, to & included 11/19/93, to file pet for interim atty fees [31-1] ;conference reset for 2:00 p.m. on 12/10/93 (issued on 11/17/93) ( 1 pg) Judge Paul R. Matia (M,J) (Entered: 11/18/1993)
1993-11-19 33 0 Motion for attorney fees MOTION (Petition) by pltfs for interim atty's fees & costs w/afdts & attachments (51 pgs). (S,A A.) Modified on 11/19/1993 (Entered: 11/19/1993)
1993-11-29 34 0 Opposition MEMORANDUM (Brief) by deft Youngstown, City of in opposition to pltfs' mot for interim atty's fees & costs [33-1], w/afdts of Timothy J. Jacob & Stephen T. Bolton attached (16 pgs). (S,A A.) (Entered: 11/29/1993)
1993-11-30 35 0 Motion to continue MOTION by pltfs for cont of conf currently set for 12/10/93 (5 pgs). (S,A A.) (Entered: 11/30/1993)
1993-12-06 36 0 Motion for order MOTION by pltfs for ext of time to file their reply to deft's resp to pltfs' atty fee petition for an additional 1 day, to & includ 12/6/93 (2 pgs). (S,A A.) (Entered: 12/06/1993)
1993-12-06 37 0 Brief REPLY by pltfs to deft's brf in opp [34-1 to pltfs' petition for atty fees & costs [33-1]; w/suppl afdt of Ira J. Mirkin (17 pgs). (S,A A.) Modified on 12/06/1993 (Entered: 12/06/1993)
1993-12-08 38 0 Motion for leave MOTION by plaintiffs for leave to file, instanter, suppl afdt of Robert S. Moore ( 2 pgs) (afvt attach) (P,Sue) (Entered: 12/09/1993)
1994-01-26 39 0 Order ORDER: ;bench trial 9:30 a.m. on 3/10/94 and oral hrg on motion for interim atty's fees & costs [33-1] at 9:30 a.m. on 3/10/94 (issued on 1/26/94) ( 1 pg) Judge Paul R. Matia (M,J) (Entered: 01/27/1994)
1994-03-03 40 0 Set Scheduling Order Deadlines MINUTES of proceedings: before Judge Paul R. Matia ; Court reporter none; teleconference held ( 1 pg) (M,J) (Entered: 03/07/1994)
1994-03-07 41 0 Brief REPLY (Memorandum) by deft concerning remaining legal issues (16 pgs). (S,A A.) (Entered: 03/08/1994)
1994-03-07 42 0 Brief REPLY (Memorandum) by pltfs on the issue of liquidated damages (5 pgs). (S,A A.) (Entered: 03/08/1994)
1994-03-10 43 0 Status Conference MINUTES of proceedings: before Judge Paul R. Matia ; Court reporter Heidi Geizer hearing held re: motion for interim atty's fees & costs [33-1] on 3/10/94 ( 1 pg) (M,J) (Entered: 03/11/1994)
1994-03-11 44 0 Order ORDER: granting pltf's motion for interim atty's fees & costs [33-1] oral hrg held 3/10/94 The Court finds pltfs' counsel shall be awarded $792.71. The Court also finds that partial liquidated damages shall be awarded to ltfs in the amt of $2500.00 (issued on 3/11/94) ( 2 pgs) Judge Paul R. Matia (B,BA A) (Entered: 03/14/1994)
1994-03-14 45 0 Motion for attorney fees MOTION (Updated fee stmt) by pltfs for atty fees w/afdt of Richard T. Bush attached (8 pgs). (S,A A.) (Entered: 03/14/1994)
1994-03-28 46 0 Stipulation STIPULATIONS by parties re damages & atty fees (7 pgs). (S,A A.) (Entered: 03/29/1994)
1994-03-31 47 0 Order and Notice of Case Dismissal JUDGMENT: entered in favor of pltf in the amt of $14,241.49 and $2,500.00 as damages and $18,487.85 in atty fees and expenses, costs to deft and dismissing case (issued on 3/31/94) ( 2 pgs) Judge Paul R. Matia (M,J) (Entered: 04/04/1994)
1994-04-28 48 0 Notice of Appeal NOTICE of appeal by defendant Youngstown, City of re judgment [47-2] (cc: all counsel-notice only. USCA-notice doc(s) mailed on 5/2/94) (2 pgs) (D,M) (Entered: 05/02/1994)
1994-05-03 49 0 Notice of Appeal NOTICE of appeal by pltfs (whose names are set forth in attac A) re: judgment [47-2] (cc: all counsel-notice only. USCA-notice doc(s) mailed on 5/9/94) (4 pgs) (D,M) (Entered: 05/09/1994)
1994-05-10 50 0 Acknowledgment from the USCA ACKNOWLEDGMENT from USCA for the 6th Circuit of receipt of Notice of Appeal (USCA #94-3499) - dt rcvd 5/3/94; dt filed 5/6/94 (1 pg) (D,M) (Entered: 05/10/1994)
1994-05-23 51 0 Acknowledgment from the USCA ACKNOWLEDGMENT from USCA for the 6th Circuit of receipt of Notice of Appeal ( USCA #: 94-3540) - dt rcvd 5/12/94; dt filed 5/17/94 (1 pg) (H,S P P) (Entered: 05/23/1994)
1994-06-06 52 0 Transcript of proceedings. Complete document on file in the Clerk's Office. TRANSCRIPT of proceedings before Judge Paul R. Matia taken on 3/10/94 by court reporter Heidi Geizer ( 30 pgs) (H,S P P) (Entered: 06/07/1994)
1994-05-18 53 0 Transcript Order Form TRANSCRIPT Order Form by deft Youngstown, City of received. Transcript is nec for appeal purposes. Appeal record transcript due 7/19/94 ( 1 pg(s)) (H,S P P) (Entered: 06/22/1994)
1995-01-26 54 0 Acknowledgment from the USCA ACKNOWLEDGMENT from USCA for the 6th Circuit of receipt of record on appeal - dt filed 1/18/95 (1 pg) (H,S P P) (Entered: 01/31/1995)
1995-12-04 55 0 Information Copy INFORMATION COPY of order from USCA affirming the District Court in part, reversing in part and remanding for a recalculation of damages. Affirming the District Court's award of atty fees and partial liquidated damages (USCA# 94-3499 & 94-3540). This is not a mandate order. Clerk: L. Green; Circuit Judges: Merritt and Kennedy; District Judge: Joiner; dt issd 12/1/95 (13 pgs) (H,S P P) (Entered: 12/05/1995)
1995-12-28 56 0 USCA Order TRUE cy of order from USCA affirming the decision of the District Court [48-1] [49-1] as to the granting of SJ for the pltfs on the basis that Section 7 (e) (2) of the Fair Labor Standards Act does not permit the exclusion of shift differentials, hazardous duty pay, bonuses for education degrees and longevity pay from the overtime rate. Reversing the District Court's judgment to the extent that it holds that Section 7 (3) (2) permits the exclusion of awards for nonuse of sick leave and bonuses for the absence of medical claims from the overtime rate. Affirming the District Court's award of atty fees and partial liquidated damages. The case is Remanded for recalculation of damages in a manner consistent with the opn (USCA# 94-3499 & 94-3540). Clerk: L. Green; Circuit Judges: Merrit and Kennedy; District Judge: Joiner. Dt issd as mandate 12/26/95; Cost: None (1 pg) (H,S P P) (Entered: 01/03/1996)
1996-01-09 57 0 Notice of Hearing or Conference NOTICE of hearing in room: 112, before: Judge Matia ; pretrial conference set 9:00 a.m. on 3/7/96 (issued on 1/9/96) ( 1 pg) (M,J) (Entered: 01/09/1996)
1996-03-08 58 0 Order ORDER: pretrial conference held 3/8/96 ;lead cnsl agreed that the pretrial conference is continued until 11:30 AM on 4/22/96 (issued on 3/8/96) (1 pg) Judge Paul R. Matia (M,J) (Entered: 03/08/1996)
1996-04-18 59 0 Order ORDER continuing pretrial cont to 11:30 a.m. on 4/29/96 (issd 4/19/96) (1 pg) Judge Paul R. Matia (V,K) (Entered: 04/19/1996)
1996-05-01 60 0 Stipulation & Order STIPULATION and ORDER: for total reasonable atty fees awarded to plas in the amt of $36,292.14 (issued on 5/1/96) ( 2 pgs) Judge Paul R. Matia (M,J) (Entered: 05/01/1996)
1996-05-01 61 0 Order FINAL ORDER ON REMAND: entering final jgm against deft and in favor of plas in the amt of $21,606.04 for unpaid overtime copmpensation and $5,691.00 liquated damages; such damages covering up to 12/31/95 (issued on 5/1/96) ( 2 pgs) Judge Paul R. Matia (M,J) (Entered: 05/01/1996)