Harbaugh v. Premise Health Employer Solutions, LLC et al.
Ohio Northern District Court | |
Judge: | Benita Y Pearson |
Case #: | 5:23-cv-01943 |
Nature of Suit | 442 Civil Rights - Employment |
Cause | 42:2000e Job Discrimination (Employment) |
Case Filed: | Oct 04, 2023 |
Terminated: | Oct 01, 2024 |
Last checked: Monday Apr 01, 2024 11:02 AM EDT |
Defendant
J.M. Smucker Company
|
Represented By
|
Defendant
Premise Health Employer Solutions, LLC
550 Maryland Way Suite 120
Brentwood, TN 37027 |
Represented By
|
Plaintiff
Rebecca Harbaugh
3265 Ruby Avenue NW
Massillon, OH 44647 |
Represented By
|
Docket last updated: 5 hours ago |
Tuesday, October 29, 2024 | ||
38 | 38
![]() Stipulation & Order approving the parties'37 Joint Stipulation of Dismissal with Prejudice. Judge Benita Y. Pearson on 10/28/2024. (D,Ju) |
|
Monday, October 28, 2024 | ||
37 | 37
![]() Proposed Stipulation of Dismissal with Prejudice filed by Premise Health Employer Solutions, LLC. (Swisher, Zachary) |
|
Tuesday, October 01, 2024 | ||
36 | 36
![]() Order of Dismissal The Court was informed by the Non-document Minutes of Proceedings dated 10/1/2024 that the parties settled this case at a mediation conference conducted by Magistrate Judge Carmen E. Henderson. Therefore, the docket shall be marked "settled and dismissed without prejudice." On or before 10/31/2024, the parties shall submit a proposed and executed Stipulation of Dismissal with Prejudice, which, if approved, shall supersede this Order. Judge Benita Y. Pearson on 10/1/2024. (JLG) |
|
minutes
Mediation Conference ~Util - Terminate Referral
Tue 10/01 2:15 PM
Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. Mediation Conference held on 10/1/2024. Parties reached an agreement. Defendant to provide draft settlement agreement to Plaintiff by October 4, 2024. Final, executed settlement agreement to be completed by October 18, 2024. Time: 4 hours and 40 minutes. (S,KL) |
||
Monday, September 30, 2024 | ||
35 | 35
![]() Joint Notice of the Parties Regarding Stipulations Pursuant to Doc. #16 filed by Premise Health Employer Solutions, LLC. (Swisher, Zachary) |
|
minutes
Mediation Conference
Mon 09/30 2:54 PM
Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. Mediation Conference held on 9/30/2024. Parties to reconvene tomorrow, 10/1/2024, at 09:30 AM via video conference (Youngstown) before Magistrate Judge Carmen E. Henderson. (Court Reporter: None.) Time: 4 hours and 30 minutes. (S,KL) |
||
Tuesday, September 17, 2024 | ||
oth_evt
Notice of Hearing or Conference
Tue 09/17 9:59 AM
IMPORTANT: Notice [non-document] resetting mediation conference to resume on 9/30/2024 at 10:00 AM via video conference (Youngstown) before Magistrate Judge Carmen E. Henderson. (S,KL) |
||
Monday, September 16, 2024 | ||
order
Order on Motion to extend deadlines
Mon 09/16 2:41 PM
Order [non-document] granting in part the parties'34 Joint Motion for Extension of the Time Frame in which to File Dispositive Motions. The date for filing dispositive motions is extended until 10/7/2024. Judge Benita Y. Pearson on 9/16/2024. (JLG) |
||
Thursday, September 12, 2024 | ||
34 | 34
![]() Motion for extension of TO FILE DISPOSITIVE MOTIONS until 30 DAYS FROM OUTCOME OF MEDIATION filed by Plaintiff Rebecca Harbaugh. (Dylewski, Faith) |
|
Monday, September 09, 2024 | ||
oth_evt
Notice of Hearing or Conference
Mon 09/09 11:26 AM
IMPORTANT: Notice [non-document] of with mediation conference to resume on 9/17/2024 at 10:00 AM via video conference (Youngstown) before Magistrate Judge Carmen E. Henderson. (S,KL) |
||
Wednesday, August 28, 2024 | ||
minutes
Mediation Conference
Wed 08/28 2:43 PM
Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. Second Mediation Conference held on 8/28/2024 via Zoom. Parties need a additional information to continue. Information to be received by end of business on Friday. The court will meet with the parties after that time to determine whether and how to best proceed with mediation. (Court Reporter: None.) Time: 4 hours and 30 minutes. (S,KL) |
||
Tuesday, August 27, 2024 | ||
minutes
Telephone Conference MJ
Wed 08/28 2:37 PM
Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. Pre-Mediation Telephone Conferences held on 8/27/2024. Attorney Faith Dylewski present on behalf of the Plaintiff. Attorney Zachary Swisher present on behalf of the Defendant. Parties discussed their upcoming mediation. (Court Reporter: None.) Time: 1 hour and 10 minutes. (S,KL) |
||
Monday, August 12, 2024 | ||
order
Order on Motion for conference
Mon 08/12 9:43 AM
Order [non-document] granting Joint Motion to Conduct Mediation Via Zoom . The court will provide Plaintiff and Defense counsel with instructions via email for connecting to the video conference. Counsel shall provide these instructions to their parties/party representatives so that all required participants are connected to the conference. Magistrate Judge Carmen E. Henderson on 8/12/2024.(D,I) |
||
Friday, August 09, 2024 | ||
33 | 33
![]() Joint Motion for conference/hearing Conduct Mediation Via Zoom filed by Defendant Premise Health Employer Solutions, LLC. (Swisher, Zachary) |
|
Tuesday, July 30, 2024 | ||
32 | 32
![]() Order: This matter was referred to the undersigned to resolve a discovery dispute raised by Defendant Premise Health Employer Solutions, LLC in ECF No.30 . On July 29, 2024, the Court instructed the parties to meet and confer regarding the dispute and update the Court via electronic mail by noon on July 30, 2024 regarding the status of the meet and confer. Specifically, the Court instructed the parties to provide their availability on or before August 9, 2024, for the deposition. Counsel for Defendant Premise explained that he is unavailable until after August 23, 2024, due to a three-week-long trial in a criminal matter scheduled to begin on August 5, 2024. Plaintiff did not respond to the Court's request. Accordingly, the deposition noticed for August 9, 2024 is canceled by Order of the court. Magistrate Judge Carmen E. Henderson on 7/30/2024. (S,KL) |
|
Monday, July 29, 2024 | ||
31 | 31
![]() Order For the reasons set forth herein, Defendant Premise Health Employer Solutions LLC's Motion for Protective Order (ECF No.30 ) is denied without prejudice to refiling, if circumstances require. The parties' discovery dispute set forth in ECF No.30 , however, is hereby referred to the Honorable Carmen E. Henderson, United States Magistrate Judge, for resolution pursuant to 28 U.S.C. § 636 and Local Rules 72.1 and 72.2(a). Judge Benita Y. Pearson on 7/29/2024. (JLG) |
|
Sunday, July 28, 2024 | ||
30 | 30
![]() Motion for protective order regarding deposition notice filed by Defendant Premise Health Employer Solutions, LLC. (Swisher, Zachary) |
|
Wednesday, July 17, 2024 | ||
29 | 29
![]() Order setting second mediation conference to be held on 8/28/2024 at 10:00 AM in Courtroom 242 before Magistrate Judge Carmen E. Henderson. Additionally, a Telephone Conference with Plaintiff's Counsel is set for 8/27/2024 at 10:00 AM before Magistrate Judge Carmen E. Henderson. A Telephone Conference with Defense Counsel is set for 8/27/2024 at 10:30 AM before Magistrate Judge Carmen E. Henderson. The court will host the conference calls and inform counsel by way of separate email of the telephone number for the call. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. Magistrate Judge Carmen E. Henderson on 7/17/2024. (S,KL) |
|
Wednesday, July 10, 2024 | ||
28 | 28
![]() Order referring case to Magistrate Judge Carmen E. Henderson to conduct another Mediation/Settlement conference to be completed by not later than 9/13/2024, if possible. Judge Benita Y. Pearson on 7/10/2024. (JLG) |
|
minutes
Status Conference
Wed 07/10 6:29 PM
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 7/10/2024. Present were Attorney Faith R. Dylewski as counsel for Plaintiff; Attorney Zachary M. Swisher as counsel for Defendant Premise Health Employer Solutions LLC ("Premise"); Plaintiff Rebecca Harbaugh; and, Attorney Lane Patterson as party representative for Premise. The remaining parties and their lead counsel of record expressed an interest in revisiting the settlement discussions that occurred in May 2024 during and after the Mediation Conference. An Order referring the parties to Magistrate Judge Henderson for additional mediation will issue. (Court Reporter: None); Time: 34 Minutes. (JLG) |
||
Monday, July 08, 2024 | ||
27 | 27
![]() Stipulated Protective Order regarding confidential documents. See Electronic Filing Policies and Procedures Manual at Sections 19 and 24 for filing documents under seal. Judge Benita Y. Pearson on 7/8/2024. Related document(s)20 . (JLG) |
|
Friday, May 17, 2024 | ||
26 | 26
![]() Order For good cause shown, Plaintiff Rebecca Harbaugh's Unopposed Rule 21 Motion to Dismiss Defendant The J. M. Smucker Company ("Smucker") With Prejudice (ECF No.25 ) is granted. Smucker is dropped as a party defendant with prejudice pursuant to Fed. R. Civ. P. 21 for the reasons stated in the unopposed motion. Each party to bear their own costs. The claims against Defendant Premise Health Employer Solutions, LLC ("Premise") remain pending. Smucker's Motion for Judgment on the Pleadings (ECF No.22 ) is denied as moot. Counsel for Plaintiff and Premise are reminded that this case is set for a Telephonic Status Conference on 7/10/2024 at 11:00 a.m. See Case Management Plan (ECF No.16 ). Judge Benita Y. Pearson on 5/17/2024. (JLG) |
|
Monday, May 13, 2024 | ||
25 | 25
![]() Motion to dismiss party The J.M. Smucker Company filed by Plaintiff Rebecca Harbaugh. (Dylewski, Faith) |
|
Tuesday, May 07, 2024 | ||
minutes
Mediation Conference ~Util - Terminate Referral
Thu 05/09 2:17 PM
Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. Mediation Conference held on 5/7/2024. After extensive negotiations, the parties did not reach a settlement. Referral Terminated. Time: 4 hours and 30 minutes. (S,KL) |
||
Monday, May 06, 2024 | ||
minutes
Telephone Conference MJ
Mon 05/06 3:13 PM
Minutes of proceedings [non-document] before Magistrate Judge Carmen E. Henderson. Pre-Mediation Telephone Conferences held on 5/6/2024. Attorney Faith R. Dylewski present on behalf of the Plaintiff. Attorney Zachary M. Swisher present on behalf of Defendant Premise Health Employer Solutions, LLC. Attorney Courtney L. Burks present on behalf of Defendant J.M. Smucker Company. Parties discussed their upcoming mediation. (Court Reporter: None.) Time: 1 hour and 30 minutes. (S,KL) |
||
Wednesday, May 01, 2024 | ||
24 | 24
![]() Order For the reasons set forth herein, Defendants' Joint and Unopposed Motion to Extend the Time to Conduct Mediation Conference (ECF No.23 ) is denied. If Smucker wanted a halt, it should have filed ECF No.22 sooner. The mediation conference will be conducted on 5/7/2024 at 10:00 a.m., unless Magistrate Judge Henderson needs to reset it. Judge Benita Y. Pearson on 5/1/2024. (JLG) |
|
Friday, April 26, 2024 | ||
23 | 23
![]() Unopposed Motion for extension of Mediation filed by J.M. Smucker Company, Premise Health Employer Solutions, LLC. (Burks, Courtney) |
|
Friday, April 19, 2024 | ||
22 | 22
![]() Motion for judgment on the pleadings filed by Defendant J.M. Smucker Company.(Burks, Courtney) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Thursday, February 29, 2024 | ||
21 | 21
![]() Stipulation and Order approving the parties'19 Proposed Stipulation Regarding Inadvertent Disclosure of Attorney-Client Privilege, Work Product Protection, or Other Applicable Privilege. Judge Benita Y. Pearson on 2/29/2024. (JLG) |
|
Wednesday, February 28, 2024 | ||
20 | 20
![]() Proposed Stipulation Protective Order filed by Rebecca Harbaugh. (Dylewski, Faith) |
|
19 | 19
![]() Proposed Stipulation Regarding Inadvertent Disclosure of Attorney-Client Priviliege filed by Rebecca Harbaugh. (Dylewski, Faith) |
|
Tuesday, February 20, 2024 | ||
18 | 18
![]() Order setting mediation conference to be held on 5/7/2024 at 10:00 AM before Magistrate Judge Carmen E. Henderson. Additionally, a Telephone Conference with Plaintiff's Counsel is set for 5/6/2024 at 10:00 AM in before Magistrate Judge Carmen E. Henderson. A Telephone Conference with Defense Counsel for Premise Health Employer Solutions, LLC is set for 5/6/2024 at 10:30 AM before Magistrate Judge Carmen E. Henderson. A Telephone Conference with Defense Counsel for J.M. Smucker Company is set for 5/6/2024 at 11:00 AM before Magistrate Judge Carmen E. Henderson. The court will host the conference calls and inform counsel by way of separate email of the telephone number for the call. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. Magistrate Judge Carmen E. Henderson on 2/20/2024. (S,KL) |
|
Sunday, February 18, 2024 | ||
17 | 17
![]() Order referring case to Magistrate Judge Carmen E. Henderson to conduct a Mediation/Settlement to be completed by not later than 5/14/2024, if possible. Judge Benita Y. Pearson on 2/18/2024. (JLG) |
|
16 | 16
![]() Case Management Conference Plan/Order. Case is assigned to the standard track, and is referred to Magistrate Judge Carmen E. Henderson to conduct a mediation. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Discovery, including expert discovery, shall be completed on or before 8/9/2024. On or before 6/10/2024, the party that has the burden of proof on an issue(s) shall identify its retained expert witness(es) and provide opposing counsel with a written expert report(s). The party that has no burden of proof on an issue(s) shall identify its retained expert(s), if any, and submit an opposing written report(s) to opposing counsel on or before 7/10/2024. The discovery deposition of an opponent's expert witness shall be completed on or before 8/9/2024. Counsel shall comply with LR 37.1, which outlines a process for resolution of discovery disputes. On or before 2/28/2024, the parties shall file either the attached Stipulation (Attachment No. 1) or a stipulation reached by the parties regarding the handling of trial-preparation material. The cutoff for filing dispositive motions 9/30/2024, with responses filed by 10/30/2024, and replies by 11/13/2024. Written stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court on or before 9/30/2024. f there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. A Telephonic Status Conference is set for 7/10/2024 at 11:00 a.m. Attorney Dylewsk is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. The parties shall file a proposed Stipulated Protective Order on or before 2/28/2024. Judge Benita Y. Pearson on 2/18/2024. (JLG) |
|
Wednesday, February 14, 2024 | ||
minutes
Case Management Conference
Wed 02/14 5:30 PM
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 2/14/2024. Present were Attorney Faith R. Dylewski as counsel for Plaintiff; Attorney Zachary M. Swisher as counsel for Defendant Premise Health Employer Solutions LLC ("Premise"); Attorney Jonathan M. Linas as counsel for Defendant The J. M. Smucker Company ("Smucker"); Plaintiff Rebecca Harbaugh; Attorney Lane Patterson Summers as party representative for Premise; and, Attorney Lisa Whittaker as party representative for Smucker. (Court Reporter: None); Time: 53 Minutes. (JLG) |
||
Thursday, February 08, 2024 | ||
15 | 15
![]() Report of Parties' Planning Meeting - filed by Rebecca Harbaugh. (Dylewski, Faith) |
|
Tuesday, January 09, 2024 | ||
14 | 14
![]() Order granting12 ,13 Motions for Appearance Pro Hac Vice by Attorneys Jonathan M. Linas and Courtney L. Burks for Defendant J.M. Smucker Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 1/9/2024. (JLG) |
|
Monday, January 08, 2024 | ||
13 | 13
![]() Motion for attorney Courtney L. Burks to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12347577, filed by Defendant J.M. Smucker Company.(Pittman, Joshua) |
|
Att: 1
![]() |
||
12 | 12
![]() Motion for attorney Jonathan M. Linas to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12347572, filed by Defendant J.M. Smucker Company.(Pittman, Joshua) |
|
Att: 1
![]() |
||
11 | 11
![]() Answer to1 Complaint,,,, filed by J.M. Smucker Company. (Pittman, Joshua) |
|
10 | 10
![]() Corporate Disclosure Statement filed by J.M. Smucker Company. (Pittman, Joshua) |
|
9 | 9
![]() Attorney Appearance by Joshua E. Pittman filed by on behalf of J.M. Smucker Company. (Pittman, Joshua) |
|
Friday, January 05, 2024 | ||
8 | 8
![]() Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 2/14/2024 at 10:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 1/5/2024. (JLG) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Att: 4
![]() |
||
Att: 5
![]() |
||
7 | 7
![]() Initial Discovery Protocols Order . Judge Benita Y. Pearson on 1/5/2024. (JLG) |
|
oth_evt
Remark re Pro Se Service
Fri 01/05 3:08 PM
Copy of7 Initial Discovery Protocols Order and8 Case Management Conference Scheduling Order mailed to Molly M. Dengler, Esq., Jones Day, 150 West Jefferson, Suite 2100, Detroit, MI 48226-4438, counsel for Defendant J.M. Smucker Company, on 1/5/2024. Related document(s)7 ,8 . (JLG) |
||
Friday, December 29, 2023 | ||
6 | 6
![]() Answer to1 Complaint,,,, with Jury Demand filed by Premise Health Employer Solutions, LLC. (Swisher, Zachary) |
|
Thursday, December 07, 2023 | ||
5 | 5
![]() Waiver of Service Returned Executed by Rebecca Harbaugh. Premise Health Employer Solutions, LLC waiver sent on 10/19/2023, answer due 12/18/2023 filed on behalf of Rebecca Harbaugh (Dylewski, Faith) |
|
4 | 4
![]() Waiver of Service Returned Executed by Rebecca Harbaugh. J.M. Smucker Company waiver sent on 11/13/2023, answer due 1/12/2024 filed on behalf of Rebecca Harbaugh (Dylewski, Faith) |
|
Friday, October 27, 2023 | ||
3 | 3
![]() Attorney Appearance by Zachary M. Swisher filed by on behalf of Premise Health Employer Solutions, LLC. (Swisher, Zachary) |
|
Wednesday, October 04, 2023 | ||
2 | 2
![]() Original Summons and Magistrate Consent Form issued to counsel for service upon Premise Health Employer Solutions, LLC., (and Premise Health Employer Solutions, LLC., c/o CT Corporation); The J.M. Smucker Company (and The J.M. Smucker Company, c/o CT Corporation). (G,M) |
|
Att: 1
![]() |
||
1 | 1
![]() Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-12212084. Filed by Rebecca Harbaugh. (Dylewski, Faith) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Att: 4
![]() |
||
Att: 5
![]() |
||
Att: 6
![]() |
||
Att: 7
![]() |
||
Att: 8
![]() |
||
Att: 9
![]() |
||
Att: 10
![]() |
||
Att: 11
![]() |
||
Att: 12
![]() |
||
Att: 13
![]() |
||
Att: 14
![]() |
||
Att: 15
![]() |
||
utility
Add and Terminate Judge
Wed 10/04 2:59 PM
Judge Benita Y. Pearson assigned to case. (G,M) |
||
oth_evt
Random Assignment of Magistrate Judge
Wed 10/04 2:59 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (G,M) |