This case was last updated from PACER on 11/29/2021 at 07:02:58 (UTC).

Aker et al v. ABX Air, Inc. et al

Case Summary

On 01/08/2021 Aker filed a Labor - Employee Benefit lawsuit against ABX Air, Inc. This case was filed in U.S. District Courts, Ohio Southern District. The Judges overseeing this case are Douglas R. Cole, Matthew W. McFarland and Timothy S. Black. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00016

  • Filing Date:

    01/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Employee Benefit

Judge Details

Presiding Judges

Douglas R. Cole

Matthew W. McFarland

Timothy S. Black

 

Party Details

Plaintiffs

Arlene Fait

Billie Moore

Samantha Hamilton-Curtis

Patrick Schmit

Laura Aker

Leona Beyer

Brenda Conley

Jeffrey Hyde

Chris Ebbing

Denise Bess

Britney Havens

Jeff Potts

Defendants

Green Township, Ohio

DHL

The Good Samaritan Hospital of Cincinnati, Ohio

Bluecross Blueshield Illinois

Hartland Clarke Corp.

Sara Lee Co.

Board of Education of The Mason City Schools

Containerport Group, Inc.

82 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

James F. Maus

Attorney at The Deters Law Firm, P.S.C.

5247 Madison Pike

Independence, KY 41051

Robert Albert Winter, Jr.

P.O. Box 175883

Fort Mitchell, KY 41017-5883

Defendant Attorneys

R. Samuel Gilley

Attorney at Dinsmore & Shohl

255 E. Fifth Street, Suite 1917

Cincinnati, OH 45202

Jennifer Orr Mitchell

Attorney at Dinsmore & Shohl - 1

1900 Chemed Center, 255 E 5Th Street

Cincinnati, OH 45202

Roula Allouch

Attorney at Graydon Head & Ritchey LLP

312 Walnut Street, Suite 1800

Cincinnati, OH 45202

Other Attorneys

Carrie Masters Starts

Attorney at Reminger Co., L.P.A.

525 Vine Street, Suite 1500

Cincinnati, OH 45202

Kenneth J. Kleppel

Attorney at Kightlinger & Gray, LLP

One Indiana Square, 211 North Pennsylvania Street

Indianapolis, IN 46204

David K. Montgomery

Attorney at Jackson Lewis P.C.

201 E. Fifth Street, Pnc Center

Cincinnati, OH 45202

Peter A Saba

Attorney at SABA & PATTERSON, CO. L.P.A.

2623 Erie Avenue

Cincinnati, OH 45208

Robert Jeffrey Lowe

Attorney at Kightlinger & Gray, LLP

Bonterra Building, 3620 Blackison Blvd.

New Albany, IN 47150

Melissa G. Foster Bird

Attorney at Nelson Mullins Riley & Scarborough

949 Third Avenue, Ste 200

Huntington, WV 25701

Jonathan P Saxton

Attorney at Rendigs Fry Kiely & Dennis - 1

600 Vine Street, Suite 2650

Cincinnati, OH 45202-3688

Andrew J. Barber

Attorney at Morgan, Lewis & Bockius LLP

301 Grant Street, One Oxford Center, 32Nd Floor

Pittsburgh, PA 15219

James Eugene Burke, III

Attorney at Keating Muething & Klekamp - 1

One E Fourth Street, Suite 1400

Cincinnati, OH 45202

Howard Shapiro

Attorney at Jackson Lewis P.C.

650 Poydras Street, Ste 1900

Louisiana, LA 70130

Robert W Hojnoski

Attorney at Reminger Co LPA

525 Vine Street, Suite 1700

Cincinnati, OH 45202

Brent Darnell Craft

Attorney at Vorys Sater Seymour & Pease LLP

301 East Fourth Street

Cincinnati, OH 45202

Gregory Parker Rogers

Attorney at Taft, Stettinius & Hollister

1800 First Star Tower, 425 Walnut Street

Cincinnati, OH 45202

Jennie Gayle Arnold

Attorney at Ledbetter Parisi LLC

9240 Marketplace Drive

Miamisburg, OH 45342

Connie Kremer

Attorney at Taft Stettinius & Hollister LLP

425 Walnut Street, Ste 1800

Cincinnati, OH 45202

32 More Attorneys Available

 

Court Documents

#152

(#152) AGREED ORDER. Signed by Judge Timothy S. Black on 11/19/2021. (rrs) (Entered: 11/19/2021)

#151

(#151) AGREED ORDER - Plaintiff Candi McKinney (the Plaintiff) and defendant BlueCross Blue Shield of Tennessee, Inc. (BCBST), by and through their respective counsel, hereby stipulate and agree that the claims of the Plaintiff asserted in this action against BCBST be, and they are, dismissed with prejudice. All of Plaintiffs claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Timothy S. Black on 11/12/2021. (bjc) (Entered: 11/12/2021)

#150

(#150) AGREED ORDER - Plaintiff Keith Young (the Plaintiff) and defendant Graceworks Lutheran Services (Graceworks), by and through their respective counsel, hereby stipulate and agree that all claims of the Plaintiff against Graceworks asserted in this action be, and they are, dismissed with prejudice and Graceworks is hereby dismissed with prejudice from this action. All of Plaintiffs claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Timothy S. Black on 11/12/2021. (bjc) (Entered: 11/12/2021)

#148

(#148) STATUS REPORT by Plaintiff Laura Aker. (Winter, Robert) (Entered: 10/29/2021)

143 #2

Ex. B

143 #1

Ex. A

#124

#42

1 #48

Summons Form

1 #44

Summons Form

1 #35

Summons Form

1 #33

Summons Form

1 #32

Summons Form

1 #31

Summons Form

1 #30

Summons Form

1 #29

Summons Form

1 #28

Summons Form

1 #26

Summons Form

226 More Documents Available

 

Docket Entries

  • 11/19/2021
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  • Docket(#152) AGREED ORDER. Signed by Judge Timothy S. Black on 11/19/2021. (rrs) (Entered: 11/19/2021)

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  • 11/12/2021
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  • Docket(#151) AGREED ORDER - Plaintiff Candi McKinney (the Plaintiff) and defendant BlueCross Blue Shield of Tennessee, Inc. (BCBST), by and through their respective counsel, hereby stipulate and agree that the claims of the Plaintiff asserted in this action against BCBST be, and they are, dismissed with prejudice. All of Plaintiffs claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Timothy S. Black on 11/12/2021. (bjc) (Entered: 11/12/2021)

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  • 11/12/2021
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  • Docket(#150) AGREED ORDER - Plaintiff Keith Young (the Plaintiff) and defendant Graceworks Lutheran Services (Graceworks), by and through their respective counsel, hereby stipulate and agree that all claims of the Plaintiff against Graceworks asserted in this action be, and they are, dismissed with prejudice and Graceworks is hereby dismissed with prejudice from this action. All of Plaintiffs claims remain against all other defendants and are unaffected by this Agreed Order. Signed by Judge Timothy S. Black on 11/12/2021. (bjc) (Entered: 11/12/2021)

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  • 11/03/2021
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  • DocketNotation Order: Pursuant to Fed. R. Civ. P. 4(m), the Court--"on its own after notice to the plaintiff--must dismiss the action without prejudice against" a defendant that "is not served within 90 days after the complaint is filed." Plaintiffs filed their Complaint on 1/8/2021. (Doc. #1 ). Defendant Duke Energy Ohio, Inc. still has not been served. Twice, this Court has ordered Plaintiffs to show good cause, pursuant to Rule 4(m), for their failure to serve the remaining unserved defendants. (See Doc. #124 and the Court's 10/21/2021 Notation Order). Plaintiffs' latest status report offers no reason for their continued delay in serving Defendant Duke Energy Ohio, Inc. (See Doc. #148 ). Accordingly, Defendant Duke Energy Ohio, Inc. is hereby DISMISSED without prejudice. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/3/2021. (rrs) (Entered: 11/03/2021)

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  • 11/03/2021
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  • DocketNotation Order: This matter is before the Court on Plaintiffs' Motion for Extension of Time (Doc. #147 ) to respond to Defendant Fifth Third's Motion to Dismiss (Doc. #143 ). Plaintiffs ask for an extension until 1/31/2022. This case, however, remains stayed under the Court's 2/5/2021 Order (Doc. #42 ). Pursuant to that Order, the stay will be lifted once all Defendants in this case have been served. (Id.) Therefore, Plaintiffs' Motion for Extension (Doc. #147 ) is GRANTED. After the Court lifts the stay, Plaintiffs shall then have 21 days to respond to Defendants' motions. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/3/2021. (rrs) (Entered: 11/03/2021)

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  • 11/02/2021
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  • Docket(#149) NOTICE by Defendant Rumpke Consolidated Companies Inc. Withdrawal of Counsel Vincent D. Boddy (Boddy, Vincent) (Entered: 11/02/2021)

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  • 10/29/2021
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  • Docket(#148) STATUS REPORT by Plaintiff Laura Aker. (Winter, Robert) (Entered: 10/29/2021)

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  • 10/29/2021
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  • Docket(#147) MOTION for Extension of Time to File Response/Reply as to #143 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 1/31/2022. by Plaintiff Laura Aker. (Winter, Robert) (Entered: 10/29/2021)

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  • 10/27/2021
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  • Docket(#146) Proposed STIPULATION /AGREED ORDER by Plaintiff Kieth Young. (Winter, Robert) Modified docket text on 10/27/2021 (eh). (Entered: 10/27/2021)

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  • 10/21/2021
  • DocketNOTATION ORDER: Plaintiffs SHALL file an updated status report by October 29, 2021, advising the Court as to: (1) all Defendants remaining in this action; (2) the date of service of each remaining Defendant; and (3) to the extent there are any Defendants who have not yet been served, Plaintiff shall show good cause as to why, pursuant to Rule 4(m), this Court should not dismiss this action without prejudice against any unserved Defendants. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/20/2021. (rrs) (Entered: 10/21/2021)

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150 More Docket Entries
  • 01/21/2021
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  • Docket(#10) SUMMONS Returned Executed (Not Effectuated related to COVID19) as to Defendants Graceworks Lutheran Services, Specialty Interiors, Inc.. Graceworks Lutheran Services served on 1/19/2021, answer due 2/9/2021; Specialty Interiors, Inc. served on 1/19/2021, answer due 2/9/2021. (bjc) (Entered: 01/21/2021)

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  • 01/21/2021
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  • Docket(#9) SUMMONS Returned Executed as to Defendants Butler Health Plan, Rumpke Consolidated Companies Inc.. Butler Health Plan served on 1/19/2021, answer due 2/9/2021; Rumpke Consolidated Companies Inc. served on 1/19/2021, answer due 2/9/2021. (bjc) (Entered: 01/21/2021)

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  • 01/21/2021
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  • Docket(#8) Summons Returned Unexecuted as to HP Inc. Envelope was received 01/19/2021 with no indication as to why it came back, the clerk's Office tried to send it out again, it came back again with no indication as to why it was returned. (bjc) (Entered: 01/21/2021)

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  • 01/19/2021
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  • Docket(#7) SUMMONS Returned Executed (Not Effectuated related to COVID19) as to Defendant Midway Maintenance served on 1/16/2021, answer due 2/8/2021. (eh) (Main Document 7 replaced on 1/20/2021) (eh). (Entered: 01/19/2021)

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  • 01/14/2021
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  • Docket(#6) Certificate of Mailing: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: #1 Certified Mail Receipt) (bjc) (Entered: 01/14/2021)

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  • 01/12/2021
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  • Docket(#5) RELATED CASE MEMORANDUM ORDER signed by Judge Douglas R. Cole and Judge Matthew W. McFarland. The Judges agree that case numbers 1:21-cv-016 and 1:18-631 ARE related. Case 1:21-cv-016 reassigned to Judge Matthew W. McFarland for all further proceedings. (kh) (Entered: 01/12/2021)

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  • 01/11/2021
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  • Docket(#4) NOTICE of Appearance by Robert Albert Winter, Jr for Plaintiffs Laura Aker, George Arnold, Cindy Bartlett, Joseph Baumgardner, Michelle Beavan, Denise Bess, Leona Beyer, Edythe Bishop, Rebekah Brady, Christina Brashear, Melissa Braucher, Jonathan Brunner, Janet Campbell, Robert Campbell, Bunnavuth Chhun, Jessica Cochran, Elizabeth Compo, Brenda Conley, Michael Crail, Joi Crowe, Tammy Dale, Patrick Dugan, Chris Ebbing, Kevin Elfers, Arlene Fait, Linda Favaron, Amanda Franks, Mark Funk, Christine Geralds, Christina Goldstein, Samantha Hamilton-Curtis, Britney Havens, Martha Hutton, Jeffrey Hyde, Shannon Koehler, Tom Lantry, Candi McKinney, Teresa McMillen, Billie Moore, Timothy Osborn, Jeff Potts, Sherri Puckett-Morrissette, Mike Sand, Kevin Schmit, Patrick Schmit, Glenna Shafer, Patrick Stephenson, Brian Thien, Lindsay Walsh, Tracey Walsh, Lonnie Wheeler, Kieth Young (Winter, Robert) (Entered: 01/11/2021)

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  • 01/11/2021
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  • Docket(#3) Summons Issued as to ABX Air, Inc., AT&T, American Financial Group, Inc., Anthem Insurance Co., Armor Group, Inc., Bluecross Blueshield Illinois, Bluecross Blueshield Tennessee, Board of Education of The Mason City Schools, Butler Health Plan, Citi Bank, City of Lawrenceburg, Indiana, Community Insurance Co. Anthem, Containerport Group, Inc., DHL, Definity Health United Health (Definity), Delta Air Lines, Inc., Duke Energy Ohio, Inc., Duro Hilex Poly, LLC, Empire Healthchoice Assurance, Enerfab, Inc., Fifth Third Bancorp, Fisher Auto Parts Co., GAF, Inc., Graceworks Lutheran Services, Green Township, Ohio, HP Inc., Hartland Clarke Corp., Health Care Service Corporation, Heartland Health & Wellness Fund, Jeff Wyler Dealer Group, Inc., KCI Holding USA, Inc., Linebarger Goggan Blair & Sampson, LLP, Meyer Tool, Inc., Midway Maintenance, Nease Corporation, Ohio Laborers' District Council/Ohio Contractors Association Fund, Ohio Public Employees Retirement System, Rotech Healthcare, Inc., Rumpke Consolidated Companies Inc., Sara Lee Co., Specialty Interiors, Inc., The General Electric Company, The Good Samaritan Hospital of Cincinnati, Ohio, The Hackett Group, Inc., The Procter And Gamble Health Care Plan, Verizon EPN, Wellpoint Flexible Benefit Plan, YRC Worldwide, Inc. (kh) Modified docket text on 1/13/2021 (kh). (Entered: 01/11/2021)

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  • 01/11/2021
  • DocketIf this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kh) (Entered: 01/11/2021)

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  • 01/08/2021
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  • Docket(#1) COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-7967439), filed by Martha Hutton, Samantha Hamilton-Curtis, Tammy Dale, Leona Beyer, Linda Favaron, Brenda Conley, Jessica Cochran, Kevin Schmit, Joi Crowe, Christina Brashear, Christina Goldstein, Shannon Koehler, Melissa Braucher, Brian Thien, Mark Funk, Billie Moore, Jeff Potts, Jonathan Brunner, Bunnavuth Chhun, Tracey Walsh, Patrick Schmit, Michael Crail, Kieth Young, George Arnold, Elizabeth Compo, Laura Aker, Christine Geralds, Arlene Fait, Amanda Franks, Timothy Osborn, Robert Campbell, Britney Havens, Kevin Elfers, Lonnie Wheeler, Patrick Dugan, Sherri Puckett-Morrissette, Glenna Shafer, Chris Ebbing, Janet Campbell, Denise Bess, Cindy Bartlett, Tom Lantry, Rebekah Brady, Lindsay Walsh, Patrick Stephenson, Edythe Bishop, Teresa McMillen, Joseph Baumgardner, Jeffrey Hyde, Candi McKinney, Mike Sand, Michelle Beavan. (Attachments: #1 Civil Cover Sheet, #2 Summons Form, #3 Summons Form, #4 Summons Form, #5 Summons Form, #6 Summons Form, #7 Summons Form, #8 Summons Form, #9 Summons Form, #10 Summons Form, #11 Summons Form, #12 Summons Form, #13 Summons Form, #14 Summons Form, #15 Summons Form, #16 Summons Form, #17 Summons Form, #18 Summons Form, #19 Summons Form, #20 Summons Form, #21 Summons Form, #22 Summons Form, #23 Summons Form, #24 Summons Form, #25 Summons Form, #26 Summons Form, #27 Summons Form, #28 Summons Form, #29 Summons Form, #30 Summons Form, #31 Summons Form, #32 Summons Form, #33 Summons Form, #34 Summons Form, #35 Summons Form, #36 Summons Form, #37 Summons Form, #38 Summons Form, #39 Summons Form, #40 Summons Form, #41 Summons Form, #42 Summons Form, #43 Summons Form, #44 Summons Form, #45 Summons Form, #46 Summons Form, #47 Summons Form, #48 Summons Form, #49 Summons Form) (Maus, James) (Entered: 01/08/2021)

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