Case details

Court: wvsd
Docket #: 2:14-cv-25502
Case Name: Gordon v. Rush Trucking Corporation
PACER case #: 174658
Date filed: 2014-09-05
Assigned to: Judge John T. Copenhaver, Jr.
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Tama Gordon
Plaintiff
Cynthia M. Ranson
RANSON LAW OFFICES P. O. Box 3589 Charleston, WV 25336-3589 304/345-1990 Fax: 304/345-1999 Email: cmr@ransonlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

G. Patrick Jacobs
7020 MacCorkle Avenue, SE Charleston, WV 25304 304/926-6676 Fax: 304/926-8336 Email: pjacobs@bjblaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Michael Ranson
RANSON LAW OFFICES P. O. Box 3589 Charleston, WV 25336-3589 304/345-1990 Fax: 304/345-1999 Email: jmr@ransonlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rush Trucking Corporation
Defendant
Avrum Levicoff
THE LEVICOFF LAW FIRM Centre City Tower, Suite 1900 650 Smithfield Street Pittsburgh, PA 15222-3911 412/434-5200 Fax: 412/434-5203 Email: ALevicoff@LevicoffLaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sunshine R. Fellows
THE LEVICOFF LAW FIRM Centre City Tower, Suite 1900 650 Smithfield Street Pittsburgh, PA 15222-3911 412/434-5200 Fax: 412/434-5203 Email: sfellows@LevicoffLaw.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-09-05 1 0 COMPLAINT. Filing Fee $400.00. Receipt # 0425-3432381. (Attachment: # 1 Civil Cover Sheet) (mjp) (Entered: 09/08/2014)
2014-09-08 2 0 ELECTRONIC SUMMONS ISSUED as to Rush Trucking Corporation, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mjp)
2014-09-08 3 0 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED MAY 7, 2014. Discovery referred to Magistrate Judge Tinsley. (cc:attys; any unrepresented party) (mjp)
2014-09-05 4 0 CASE assigned to Judge John T. Copenhaver, Jr. (ras) (Entered: 09/10/2014)
2014-09-15 5 0 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re: 1 Complaint. Accepted by Secretary of State on 9/10/2014 as to Rush Trucking Corporation; answer due 10/1/2014. (taq)
2014-10-28 6 0 ORDER directing the plaintiff to report to the court concerning the status of service, or in the alternative, move for the entry of a default judgment, by 11/17/2014. Signed by Judge John T. Copenhaver, Jr. on 10/28/2014. (cc: attys; any unrepresented parties) (taq)
2014-11-06 7 0 NOTICE OF ATTORNEY APPEARANCE by Avrum Levicoff, Sunshine R. Fellows on behalf of Rush Trucking Corporation. (Levicoff, Avrum)
2014-11-06 8 0 STIPULATION OF EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S 1 COMPLAINT to 11/14/2015 by Rush Trucking Corporation, Tama Gordon (Levicoff, Avrum) (Modified on 11/6/2014 to add party filer) (skh).
2014-11-14 9 0 ANSWER TO 1 Complaint by Rush Trucking Corporation.(Fellows, Sunshine)
2014-11-14 10 0 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Rush Trucking Corporation (Fellows, Sunshine)
2014-11-17 11 0 ORDER AND NOTICE: Rule 12(b) Motions 12/8/2014. Rule 26(f) Meeting 12/17/2014. Last day to file report of Rule 26(f) Meeting 12/24/2014. Scheduling Conference at 04:30 PM on 12/31/2014 in Charleston. Entry of Scheduling Order 2/7/2015. Last Day to make Rule 26(a)(1) disclosures 2/16/2015. Signed by Judge John T. Copenhaver, Jr. on 11/17/2014. (cc: attys; any unrepresented party) (taq)
2014-12-04 12 0 RULE 26(f) REPORT OF PLANNING MEETING by Rush Trucking Corporation, Tama Gordon. (Fellows, Sunshine) (Modified on 12/4/2014 to add party filer) (skh).
2014-12-09 13 0 ORDER: The scheduling conference is cancelled; directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 1/30/2015. Discovery requests to be completed by 4/24/2015. Expert Witness List by parties bearing the burden of proof due by 4/9/2015, by party not bearing burden of proof due by 5/11/2015, and to solely contradict or rebut evidence due by 5/26/2015. Discovery completion date and all depositions by 6/8/2015. Dispositive Motions except those filed under Rule 12(b) due by 6/29/2015, with Responses due by 7/13/2015, and Replies due by 7/20/2015. Settlement Meeting to be held by 8/31/2015. Mediation concluded by 8/31/2015. Motions in Limine to be filed by 9/7/2015, with responses due by 9/14/2015. Plaintiff's portion of proposed Pretrial Order to defendants due by 9/2/2015, and Proposed Integrated Pretrial Order due by 9/9/2015. Pretrial Conference set for 9/25/2015 at 09:30 AM in Charleston. Proposed Jury Charge due by 10/12/2015. Final Settlement Conference at 09:30 AM on 10/19/2015 in Charleston. Jury Trial set for 10/20/2015 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 12/9/2014. (cc: attys; any unrepresented parties) (taq)
2015-01-09 14 0 CERTIFICATE OF SERVICE filed by Tama Gordon for Plaintiff's First Set of Interrogatories and Request for Production (Ranson, J.)
2015-01-23 15 0 CERTIFICATE OF SERVICE by Tama Gordon for Rule 26(a)(1) Initial Disclosures. (Ranson, J.)
2015-02-04 16 0 CERTIFICATE OF SERVICE filed by Rush Trucking Corporation for Defendant's First Set of Interrogatories Directed to Plaintiff Tama Gordon (Fellows, Sunshine)
2015-02-04 17 0 CERTIFICATE OF SERVICE filed by Rush Trucking Corporation for Defendant's First Requests for the Production of Documents Directed to Plaintiff Tama Gordon (Fellows, Sunshine)
2015-02-09 18 0 CERTIFICATE OF SERVICE filed by Rush Trucking Corporation for Defendant's Rule 26(a)(1) Initial Disclosures (Fellows, Sunshine) (Modified on 2/10/2015 to convert to Rule 26 Document) (taq).
2015-02-09 19 0 CERTIFICATE OF SERVICE filed by Rush Trucking Corporation for Defendant's Answers and Objections to Plaintiff's First Set of Interrogatories and Request for Production of Documents (Fellows, Sunshine)
2015-03-23 20 0 CERTIFICATE OF SERVICE filed by Tama Gordon for Plaintiff's Response to Defendant's First Set of Interrogatories (Ranson, J.)
2015-03-23 21 0 CERTIFICATE OF SERVICE filed by Tama Gordon for Plaintiff's Response to Defendant's First Set of Request for Production (Ranson, J.)
2015-04-17 22 0 CERTIFICATE OF SERVICE by Tama Gordon for Rule 26(a)(2) Expert Testimony Disclosures. (Ranson, J.)
2015-06-05 23 0 NOTICE TO TAKE DEPOSITIONS by Tama Gordon of Genevieve Diaz and Pankah Shah on June 11, 2015 at 10:00 AM and 11:00 AM, respectively. (Ranson, J.)
2015-06-16 24 0 MOTION by Rush Trucking Corporation for Partial Summary Judgment (Attachment: # 1 Proposed Order)(Fellows, Sunshine)
2015-06-16 25 0 MEMORANDUM OF LAW by Rush Trucking Corporation in support of 24 MOTION by Rush Trucking Corporation for Partial Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Part 1 of Exhibit 2, # 3 Part 2 of Exhibit 2, # 4 Exhibit 3)(Fellows, Sunshine)
2015-06-18 26 0 AMENDED NOTICE TO TAKE DEPOSITION by Tama Gordon of Genevieve Diaz and Pankah Shah on June 26, 2015 at 10:00 AM and 11:00 AM, respectively (Ranson, J.)
2015-06-26 27 0 MOTION by Tama Gordon to Continue or Extend Discovery Deadlines (Ranson, J.)
2015-06-29 28 0 PROPOSED ORDER Order Granting Plaintiff's Motion to Continue or Extend Discovery Deadlines by Tama Gordon, Rush Trucking Corporation (Ranson, J.) (Modified on 6/29/2015 to add party filer)(skh).
2015-06-29 29 0 NOTICE TO TAKE DEPOSITION by Rush Trucking Corporation of Tama Gordon on July 2, 2015 at 10:00 a.m. (Fellows, Sunshine)
2015-06-29 30 0 ORDER GRANTING PLAINTIFF'S MOTION TO CONTINUE OR EXTEND DISCOVERY DEADLINES granting the 27 MOTION to continue or extend discovery deadlines; extending the discovery deadline to 7/3/2015; Response to 24 Motion for Summary Judgment due by 7/31/2015; with the Reply due by 8/14/2015. Signed by Judge John T. Copenhaver, Jr. on 6/29/2015. (cc: counsel of record) (taq)
2015-07-31 31 0 MOTION by Tama Gordon for Summary Judgment (Ranson, J.)
2015-07-31 32 0 MEMORANDUM RESPONSE by Tama Gordon in opposition to 24 MOTION by Rush Trucking Corporation for Partial Summary Judgment and MEMORANDUM by Tama Gordon in support of 31 MOTION by Tama Gordon for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Ranson, J.)
2015-08-04 33 0 MOTION by Rush Trucking Corporation to Strike 31 MOTION by Tama Gordon for Summary Judgment as Untimely or, in the Alternative, to Set a Briefing Schedule on Plaintiff's Untimely Motion (Attachment: # 1 Proposed Order)(Fellows, Sunshine).
2015-08-06 34 0 MOTION by Tama Gordon to File 31 MOTION by Tama Gordon for Summary Judgment and RESPONSE by Tama Gordon in opposition to 33 MOTION by Rush Trucking Corporation to Strike 31 MOTION by Tama Gordon for Summary Judgment as Untimely or, in the Alternative, to Set a Briefing Schedule on Plaintiff's Untimely Motion (Ranson, J.)
2015-08-12 35 0 ORDER: denying the defendant's 33 motion to strike the plaintiff's 31 motion for summary judgment on timeliness grounds, and grants the plaintiff's 34 motion to file her motion for summary judgment, adopting the motion previously filed 7/31/2015 (ECF 32); granting the defendant's 33 motion in the alternative and directs the case to proceed on the following schedule: Defendant's response in opposition to plaintiff's motion for summary judgment and reply respecting defendant's motion for summary judgment due by 8/31/2015; Replies due by 9/7/2015; Motions in Limine to be filed by 9/21/2015, with responses due by 9/28/2015; Plaintiff's portion of proposed Pretrial Order to defendants due by 10/7/2015, Proposed Integrated Pretrial Order due by 10/14/2015; Pretrial Conference set for 10/23/2015 at 09:30 AM in Charleston; Proposed Jury Charge due by 10/28/2015; Final Settlement Conference at 10:00 AM on 11/16/2015 in Charleston; Trial set for 11/17/2015 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 8/12/2015. (cc: counsel of record; any unrepresented parties) (tmh)
2015-08-31 36 0 REPLY by Rush Trucking Corporation to 32 Response In Opposition and RESPONSE by Rush Trucking Corporation in opposition to 31 MOTION by Tama Gordon for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Fellows, Sunshine) (Modified on 8/31/2015 to correct link to #32 response in opposition) (skh).
2015-09-04 37 0 REPLY by Tama Gordon to 36 Response In Opposition. (Ranson, J.)
2015-09-18 38 0 MOTION by Rush Trucking Corporation to Continue Pretrial Deadlines (Attachment: # 1 Proposed Order)(Fellows, Sunshine)
2015-09-21 39 0 MOTION by Rush Trucking Corporation in Limine to Exclude Evidence Regarding Alleged Comments of Anthony Jennings (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Fellows, Sunshine)
2015-09-21 40 0 MOTION by Tama Gordon in Limine to limit or preclude the testimony of Genevieve Diaz (Ranson, J.)
2015-09-21 41 0 MEMORANDUM OF LAW by Tama Gordon in support of 40 MOTION by Tama Gordon in Limine to limit or preclude the testimony of Genevieve Diaz (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ranson, J.)
2015-09-28 42 0 RESPONSE by Tama Gordon in opposition to 39 MOTION by Rush Trucking Corporation in Limine to Exclude Evidence Regarding Alleged Comments of Anthony Jennings (Ranson, J.)
2015-09-30 43 0 RESPONSE by Tama Gordon in opposition to 38 MOTION by Rush Trucking Corporation to Continue Pretrial Deadlines (Ranson, J.)
2015-10-02 44 0 REPLY by Rush Trucking Corporation to 42 Response In Opposition. (Levicoff, Avrum)
2015-10-07 45 0 ORDER granting defendant's 38 MOTION to Continue Pretrial Deadlines; Proposed pretrial order to defendant due 11/7/2015; Integrated pretrial order due 11/14/2015; Pretrial conference reset for 11/20/2015 at 1:30 p.m.; Proposed jury charge reset for 11/25/2016; Final settlement conference reset for 12/7/2016 at 10:00 a.m.; Trial reset for 12/8/2016 at 9:30 a.m.; With the exception of the modifications listed herein, the requirements and directives of the original scheduling order shall remain in full force and effect. Signed by Judge John T. Copenhaver, Jr. on 10/7/2015. (cc: attys; any unrepresented party) (tmr)
2015-10-07 46 0 ORDER directing that the 45 scheduling order issued on 10/7/2015 is modified as follows: Proposed jury charge due by 11/25/2015; Final settlement conference to be held by 12/07/2015 at 10:00 AM; and Trial set for 12/08/2015 9:30 AM; with the exception of the modifications herein, the requirements and directives of the previous scheduling order to remain in full force and effect. Signed by Judge John T. Copenhaver, Jr. on 10/7/2015. (cc: counsel of record; any unrepresented parties) (taq)
2015-11-10 47 0 MOTION by Rush Trucking Corporation to Continue Trial Date (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(Levicoff, Avrum)
2015-11-13 48 0 INTEGRATED PROPOSED PRETRIAL ORDER by Tama Gordon, Rush Trucking Corporation (Ranson, J.) (Modified on 11/14/2015 to add party filer) (skh).
2015-11-18 49 0 ORDER granting defendant's 47 MOTION to Continue Trial Date to the extent set forth herein; directing that the schedule in this case is modified as follows: Pretrial Conference set for 1/8/2016 at 09:30 AM in Charleston; Proposed Jury Charge due by 1/15/2016; Final Settlement Conference at 10:00 AM on 2/16/2016 in Charleston; Trial set for 2/17/2016 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr.; with the exception of the modifications herein, the requirements and directives of the original scheduling order shall remain in full force and effect. Signed by Judge John T. Copenhaver, Jr. on 11/18/2015. (cc: counsel of record; any unrepresented parties) (tmh)
2015-11-23 50 0 MOTION by Rush Trucking Corporation to Modify 49 Scheduling Order (Attachment: # 1 Proposed Order)(Levicoff, Avrum)
2016-01-06 51 0 ORDER granting 50 MOTION by Rush Trucking Corporation to Modify 49 Scheduling Order; Directing that the scheduling order is modified as follows: Pretrial Conference set for 3/11/2016 at 1:30 PM in Charleston before Judge John T. Copenhaver, Jr. Proposed Jury Charge due by 3/28/2016. Final Settlement Conference at 1:30 PM on 4/11/2016 in Charleston. Jury Trial set for 4/12/2016 at 9:30 AM in Charleston before Judge John T. Copenhaver, Jr. With the exception of the modifications herein, the requirements and directives of the original scheduling order shall remain in full force and effect. Signed by Judge John T. Copenhaver, Jr. on 1/6/2016. (cc: counsel of record; any unrepresented parties) (ts)
2016-03-10 52 0 MEMORANDUM AND OPINION granting in part and denying in part plaintiff's 31 MOTION for Summary Judgment; granting as to defendant's liability and damages of $3,138.27 for the wage collection claim; denying in all other respects; denying defendant's 24 MOTION for Partial Summary Judgment. Signed by Judge John T. Copenhaver, Jr. on 3/10/2016. (cc: counsel of record; any unrepresented parties) (tmh) 2016-03-15 00:44:32 569682ecca22dba269e58ace9c01b71855deb54e
2016-03-11 53 0 MOTION by Rush Trucking Corporation for Leave to Supplement the 48 Proposed Integrated Pretrial Order (Attachments: # 1 Proposed Order, # 2 Appendix 1)(Levicoff, Avrum)
2016-03-11 54 0 PRETRIAL CONFERENCE held by Judge John T. Copenhaver, Jr. on 3/11/2016. (skh)