Njaim v. FCA US LLC

Ohio Northern District Court
Judge:	James G Carr
Case #:	3:16-cv-01351
Nature of Suit	751 Labor - Family and Medical Leave Act
Cause	29:2661 Family Medical Leave Act

Case Filed:	Jun 03, 2016
Terminated:	Jul 31, 2018

Last checked: Wednesday Nov 30, 2016 4:55 AM EST

Defendant FCA US LLC	Represented By Melissa M. VanGessel Eastman & Smith - Toledo contact info Heidi N. Hartman Eastman & Smith - Toledo contact info Melissa A. Ebel Eastman & Smith - Columbus contact info
Plaintiff Nick Njaim	Represented By Frederick M. Bean Spitz Law Firm contact info Brian D. Spitz Spitz Law Firm contact info

GPO Jul 31 2018
Order granting Motion for summary judgment (Related Doc # 28). Judge James G. Carr on 7/31/18.(C,D)

Docket last updated: 09/21/2026 11:59 PM EDT

Thursday, April 11, 2019
42		42 1 pgs appeal USCA Mandate Thu 04/11 12:40 PM True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re35 Notice of Appeal (USCA# 18-3831 . Date issued as mandate 4/10/19, Costs: None (H,SP) Related: [-]
Wednesday, January 30, 2019
40		40 appeal Appeal Remark Wed 01/30 3:21 PM Appeal Order from USCA for the Sixth Circuit: Denying the appellant's motion to continue oral argument re35 Notice of Appeal (USCA# 18-3831 . Date issued by USCA 1/29/19 (H,SP) Related: [-]
Wednesday, October 10, 2018
39		39 minutes ~Util - Terminate Motions Order Wed 10/10 4:18 PM Marginal Entry Order Granting Motion to stay Ruling on Bill of Costs Pending Appeal Related [+]. Judge James G. Carr on 10/10/18. (C,D) Related: [-] 38 37
Monday, September 24, 2018
38		38 notice Bill of costs Mon 09/24 12:58 PM Bill of costs Corrected filed by FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 2 pgs Affidavit of Heidi Hartman,
		Att: 2 Glass City Reporting Invoice for Njaim Deposition,
		Att: 3 Stevenson Reporting Invoice for Polich Deposition,
		Att: 4 2 pgs Stevenson Reporting Invoice for Capaldo and Bento Depositions,
		Att: 5 Oregon Clinic Invoice for copy charges
Thursday, September 13, 2018
37		37 motion Stay Thu 09/13 2:58 PM Motion to stay Ruling on Bill of Costs Pending Appeal filed by Plaintiff Nick Njaim. Related document(s)36 . (Bean, Frederick) Related: [-]
36		36 notice Bill of costs Thu 09/13 1:03 PM Bill of costs filed by FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 Affidavit of Heidi N. Hartman,
		Att: 2 Glass City Reporting Invoice for Njaim Deposition,
		Att: 3 Stevenson Reporting Invoice for Polich Deposition,
		Att: 4 Stevenson Reporting Invoice for Capaldo and Bento Depositions,
		Att: 5 Oregon Clinic Invoice for copy charges
Tuesday, September 04, 2018
		appeal Acknowledgment from the USCA Tue 09/04 3:44 PM Acknowledgment from the USCA for Sixth Circuit of receipt of35 Notice of Appeal (USCA# 18-3831 . Date filed in USCA 8/31/18. (H,SP) Related: [-]
Tuesday, August 28, 2018
35		35 appeal Notice of Appeal Tue 08/28 4:05 PM NOTICE OF APPEAL to the Sixth Circuit Court of Appeals as to34 Judgment,33 Order on Motion for summary judgment by Nick Njaim. ( Filing fee $ 505 receipt number 0647-8880799.). (Bean, Frederick) Related: [-]
Tuesday, July 31, 2018
34		34 order Judgment Tue 07/31 4:15 PM Judgment Entry: In accordance with the order (33 ) filed contemporaneously with this judgment entry, Defendant's motion for summary judgment (Doc.28 ) is granted. Judge James G. Carr on 7/31/18. (C,D) Related: [-]
33		33 17 pgs order Order on Motion for summary judgment Tue 07/31 4:10 PM Order granting Motion for summary judgment Related [+]. Judge James G. Carr on 7/31/18.(C,D) Related: [-] 28
Friday, March 16, 2018
32		32 resp Reply Fri 03/16 6:18 PM Reply in support of28 Motion for summary judgment filed by FCA US LLC. (Hartman, Heidi) Related: [-]
31		31 notice Notice Fri 03/16 5:09 PM Filing Supplemental Declaration of Julie A. Malcolm filed by FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 Supplemental Declaration of Julie A. Malcolm,
		Att: 2 2 pgs Employee Medical Record
Wednesday, February 21, 2018
30		30 resp Opposition Wed 02/21 11:06 AM Opposition to28 Motion for summary judgment filed by Nick Njaim.(Bean, Frederick) Related: [-]
		Att: 1 Exhibit (1) Njaim Affidavit,
		Att: 2 Exhibit (2) Klekot Records,
		Att: 3 Exhibit (3) Glenbeigh Certification 1,
		Att: 4 Exhibit (4) Glenbeigh Certification 2,
		Att: 5 Exhibit (5) Valley FMLA Certification 1,
		Att: 6 Exhibit (6) Valley Disability Certification,
		Att: 7 Exhibit (7) Valley FMLA Certification 2,
		Att: 8 Exhibit (8) Valley FMLA Certification 3,
		Att: 9 Exhibit (9) Sedgwick FMLA Approval,
		Att: 10 Exhibit (10) Employee Attendance Records,
		Att: 11 Exhibit (11) Claudio Judgment Entry,
		Att: 12 44 pgs Exhibit (12) Capaldo Depo. Excerpts & Exhibits,
		Att: 13 Exhibit (13) Bento Depo. Excerpts & Exhibits,
		Att: 14 Exhibit (14) Polich Depo. Excerpts
Tuesday, February 20, 2018
		order Order on Motion to exceed page limitations Tue 02/20 9:46 AM Order [non-document] granting Motion to exceed page limitations Related [+]for leave to exceed page limitations for Memorandum in Opposition to Motion for Summary Judgment(Doc.28 ). Judge James G. Carr on 2/20/18.(C,D) Related: [-] Doc #29
Thursday, February 15, 2018
29		29 motion Exceed page limitations Thu 02/15 12:17 PM Motion for leave to exceed page limitations for Memorandum in Opposition to Motion for Summary Judgment filed by Plaintiff Nick Njaim. (Bean, Frederick) Related: [-]
Friday, February 02, 2018
28		28 motion Summary Judgment Fri 02/02 5:53 PM Motion for summary judgment filed by Defendant FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 Memorandum in Support
27		27 notice Notice Fri 02/02 5:31 PM Notice of Filing Declaration of Christopher Capaldo filed by FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 5 pgs Declaration of Christopher Capaldo,
		Att: 2 Exhibit A - Attendance History
26		26 notice Notice Fri 02/02 4:49 PM Notice of Filing Declaration of Julie A. Malcolm filed by FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 Declaration of Julie A. Malcolm,
		Att: 2 Exhibit A - Notes,
		Att: 3 4 pgs Exhibit B - Memo of Understanding
25		25 notice Notice Fri 02/02 2:33 PM Notice of Filing Deposition of Sarah Bento filed by FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 Deposition of Sarah Bento
24		24 notice Notice Fri 02/02 2:30 PM Notice of Filing Deposition of Christopher J. Capaldo filed by FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 50 pgs Deposition of Christopher J. Capaldo,
		Att: 2 Exhibit 1 - Memo of Understanding,
		Att: 3 Exhibit 2 - Call In Procedure,
		Att: 4 Exhibit 3 - Hourly Attendance,
		Att: 5 Exhibit 4 - 8-18-14 Note,
		Att: 6 Exhibit 5 - 8-21-14 Note,
		Att: 7 1 pgs Exhibit 6 - Medical Pass,
		Att: 8 1 pgs Exhibit 7 - Return to Work,
		Att: 9 Exhibit 8 - Doctor's Note,
		Att: 10 Exhibit 9 - Written Reminder Warning,
		Att: 11 Exhibit 10 - Corrective Action,
		Att: 12 Exhibit 11 - Corrective Action,
		Att: 13 Exhibit 12 - 1-15-15 Ltr,
		Att: 14 Exhibit 13 - Dismissal,
		Att: 15 Exhibit 14 - Attendance History,
		Att: 16 Exhibit 15 - Attendance History,
		Att: 17 Exhibit 16 - Executive Summary,
		Att: 18 Exhibit 17 - Report of Grievance,
		Att: 19 Exhibit 18 - 6-2-15 Ltr,
		Att: 20 Exhibit 19 - 6-2-15 Ltr with Notes,
		Att: 21 Exhibit 20 - Report of Grievance - Book
23		23 notice Notice Fri 02/02 2:18 PM Notice of Filing Deposition of Plaintiff Nick Njaim filed by FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 65 pgs Deposition of Plaintiff,
		Att: 2 Exhibit A - Application for Employment,
		Att: 3 4 pgs Exhibit B - Call in Procedure,
		Att: 4 Exhibit C - Memo of Understanding,
		Att: 5 Exhibit D - 7-31-14 Ltr,
		Att: 6 Exhibit E - 8-14-14 Ltr,
		Att: 7 Exhibit F - 9-3-14 Ltr,
		Att: 8 Exhibit G - Medical Pass,
		Att: 9 Exhibit H - 9-29-14 - 11-4-14 Ltrs,
		Att: 10 Exhibit I - Return to Work,
		Att: 11 Exhibit J - Attendance Docs,
		Att: 12 Exhibit K - 1-15-15 Ltr,
		Att: 13 Exhibit L - January Correspondence,
		Att: 14 Exhibit M - Hourly Attendance,
		Att: 15 Exhibit N - Attendance Procedure,
		Att: 16 Exhibit O - Report of Grievance,
		Att: 17 Exhibit P - Call In,
		Att: 18 Exhibit Q - Dr. Klekot Ltr,
		Att: 19 Exhibit R - Charge of Discrimination
Thursday, December 28, 2017
22		22 service Subpoena Returned Executed Thu 12/28 3:00 PM Subpoena Returned Executed; served upon Emily Polich by Certified Mail and Email on 12/20/2017 filed on behalf of All Plaintiffs (Bean, Frederick) Related: [-]
21		21 service Subpoena Returned Executed Thu 12/28 12:53 PM FILING ERROR: Incomplete Document. Filer notified. Subpoena Returned Executed; served upon Emily Polich by Certified Mail and Email on 12/20/2017 filed on behalf of All Plaintiffs (Bean, Frederick) Modified on 12/28/2017 (M,L) Related: [-]
Wednesday, December 20, 2017
20		20 notice Notice of Service Wed 12/20 9:46 AM Notice of Service of Fed. R. Civ. P. 45 Subpoena for Deposition for Emily Polich filed by Nick Njaim.(Bean, Frederick) Related: [-]
		Att: 1 Exhibit Polich Subpoena
Monday, December 18, 2017
19		19 1 pgs order Order on Motion to extend deadlines Mon 12/18 1:43 PM Order granting18 Joint Motion to Extend Deadlines. Discovery due by 1/15/2018. Dispositive Motions due by 2/2/2018, Opposition due 2/23/18; Replies due by 3/16/2018. Judge James G. Carr on 12/18/17.(C,D) Related: [-]
Friday, December 15, 2017
18		18 motion Extension (of deadlines) Fri 12/15 9:28 AM Joint Motion for extension of summary judgment until February 2, 2018 filed by Defendant FCA US LLC. Related document(s)16 .(Hartman, Heidi) Related: [-]
		Att: 1 Proposed Order
Friday, August 25, 2017
17		17 notice Notice of Deposition Fri 08/25 1:50 PM Notice to take Deposition of Plaintiff Nick Njaim on September 22, 2017 filed by FCA US LLC. (Hartman, Heidi) Related: [-]
Monday, April 24, 2017
16		16 minutes Status Conference Tue 04/25 10:19 AM Order re Status Conference held on 4/24/2017 before Judge James G. Carr. Parties to complete discovery re. summary judgment, including expert discovery, by November 30, 2017. Motion for summary judgment due January 10, 2018; opposition due January 31, 2018; reply due February 15, 2018; Further scheduling held in abeyance pending adjudication of motions for summary judgment; leave granted to either party to request mediation/settlement conference before United States Magistrate Judge James R. Knepp, II. Judge James G. Carr on 4/24/2017. Time: 15 minutes. (D,TM) Modified on 4/25/2017 to add "Order" to text (D,TM) Related: [-]
Friday, April 14, 2017
15		15 notice Notice Fri 04/14 3:48 PM Service of Answers and Objections to Plaintiff's First Set of Interrogatories and Request for Production of Documents filed by FCA US LLC. (Hartman, Heidi) Related: [-]
Monday, March 27, 2017
		oth_evt Notice of Hearing or Conference Mon 03/27 8:34 AM Notice [non-document] of Status Conference set for 4/24/2017 at 09:00 AM in to be held telephonically before Judge James G. Carr. The court will initiate the call to the numbers indicated on the docket. (C,D) Modified on 3/27/2017 to correct conference date (C,D) Related: [-]
Wednesday, March 15, 2017
14		14 notice Status Report Wed 03/15 6:42 PM Joint Status Report filed by Nick Njaim. (Bean, Frederick) Related: [-]
Tuesday, February 14, 2017
13		13 notice Notice of Service Tue 02/14 4:14 PM Notice of Service of Defendant's First Set of Discovery Requests filed by FCA US LLC. (Hartman, Heidi) Related: [-]
Thursday, January 05, 2017
12		12 order Minute Order _ Status Conference Thu 01/05 3:31 PM Order of Status Conference held on 1/3/17. Time: 15 Mins.Further scheduling held in abeyance for parties to conduct initial discovery and determine whether an initial settlement conference or similar effort to settle the case is feasible; Status Report due by 3/15/2017. Judge James G. Carr on 1/5/17. (C,D) Related: [-]
Friday, December 30, 2016
		oth_evt Notice of Hearing or Conference Fri 12/30 1:02 PM IMPORTANT: Notice [non-document] of Status Conference set for 1/3/2017 at 11:30 AM to be held telephonically before Judge James G. Carr. The court will initiate the call. (C,D) Related: [-]
Friday, July 15, 2016
11		11 answer Answer to Complaint Fri 07/15 4:36 PM Answer to Complaint filed by FCA US LLC. (Hartman, Heidi) Related: [-]
Friday, July 01, 2016
10		10 order Order on Motion for extension of time to answer Fri 07/01 4:27 PM Order granting8 Motion for Extension of Time to Answer FCA US LLC answer due 7/15/2016. Judge James G. Carr on 7/1/16.(C,D) Related: [-]
9		9 order Order on Motion to withdraw as attorney Fri 07/01 4:25 PM Order granting Motion to withdraw as attorney, attorney Melissa M. VanGessel removed from case. Related [+]. Judge James G. Carr on 7/1/16.(C,D) Related: [-] 6
8		8 motion Extension (answer complaint) Fri 07/01 11:19 AM Second Unopposed Motion for extension of time until July 15, 2016 to answer Complaint filed by Defendant FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 Proposed Order
Monday, June 27, 2016
7		7 notice Attorney Appearance Mon 06/27 2:42 PM Attorney Appearance by Melissa A. Ebel filed by on behalf of FCA US LLC. (Ebel, Melissa) Related: [-]
6		6 motion Withdraw as Attorney Mon 06/27 2:38 PM Motion by Melissa M. VanGessel to withdraw as attorney of record for Defendant FCA US LLC filed by Defendant FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 Proposed Order
Monday, June 20, 2016
5		5 order Order on Motion for extension of time to answer Mon 06/20 9:49 AM Order granting4 Motion for Extension of Time to Answer FCA US LLC answer due 7/1/2016.. Judge James G. Carr on 6/20/16.(C,D) Related: [-]
Monday, June 13, 2016
		oth_evt Notice Regarding Attorney Admission Status Mon 06/13 2:08 PM Notice to Attorney Melissa M. VanGessel. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s)4 . (G,CA) Related: [-]
Friday, June 10, 2016
4		4 motion Extension (answer complaint) Fri 06/10 2:43 PM Motion for extension of time until July 1, 2016 to answer plaintiff's complaint filed by Defendant FCA US LLC.(Hartman, Heidi) Related: [-]
		Att: 1 Proposed Order
Friday, June 03, 2016
3		3 notice Corporate Disclosure Statement Fri 06/03 1:30 PM Corporate Disclosure Statement identifying Corporate Parent Fiat Chrysler Automobiles NV for FCA US LLC filed by FCA US LLC. (Hartman, Heidi) Related: [-]
2		2 oth_evt Magistrate Consent Form Issued by Intake Fri 06/03 1:16 PM Magistrate Consent Form issued. (H,JD) Related: [-]
1		1 cmp Notice of Removal Fri 06/03 1:02 PM Notice of Removal from Lucas County Common Pleas, case number G-4801-CI-0201602635-000, with jury demand. Filing fee $ 400, receipt number 0647-7651887. Filed by FCA US LLC. (Hartman, Heidi) Modified text on 6/3/2016 (H,JD) Related: [-]
		Att: 1 Exhibit Exh. A - Summons and Complaint,
		Att: 2 Civil Cover Sheet
		utility Add and Terminate Judge Fri 06/03 1:13 PM Judge James G. Carr assigned to case. (H,JD) Related: [-]
		oth_evt Random Assignment of Magistrate Judge Fri 06/03 1:13 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 James R. Knepp, II. (H,JD) Related: [-]
		oth_evt Notice of Failure to File Corporate Disclosure Statement Fri 06/03 1:14 PM Notice by Clerk that FCA US LLC failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,JD) Related: [-]

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