Case: 5:22-cv-00287-SL Doc #: 1 Filed: 02/22/22 1 of 10.

PageID #: 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ANTOINE MCELROY ) CASE NO.

2742 Inglewood Ave. )
Canton, Ohio 44718 )
) JUDGE
on behalf of himself and all others similarly )
situated, )
)
Plaintiff, ) PLAINTIFF’S COMPLAINT
)
vs. ) (Jury Demand Endorsed Herein)
)
FRESH MARK, INC. )
c/o Statutory Agent Alicia Pucky )
1888 Southway St. )
PO Box 571 )
Massillon, Ohio 44646 )
)
Defendant. )

Now comes Plaintiff Antoine McElroy (“Plaintiff”), by and through undersigned counsel,

and for his Complaint against Fresh Mark, Inc. (“Defendant” or “Fresh Mark”), states and alleges

the following:

INTRODUCTION

1. This is a “collective action” instituted by Plaintiff as a result of Defendant’s

practices and policies of not paying its non-exempt employees, including Plaintiff and other

similarly situated employees, for all hours worked, in violation of the Fair Labor Standards Act

(“FLSA”), 29 U.S.C. §§ 201-219, as well as a “class action” pursuant to Fed. R. Civ. P. 23 to

remedy violations of the Ohio Minimum Fair Wage Standards Act (“OMFWSA”), R.C. § 4111.03.

JURISDICTION AND VENUE

2. The Court has jurisdiction over Plaintiff’s FLSA claims pursuant to 28 U.S.C. §
 Case: 5:22-cv-00287-SL Doc #: 1 Filed: 02/22/22 2 of 10. PageID #: 2

1331 and 29 U.S.C. § 216(b).

3. The Court has supplemental jurisdiction over Plaintiff’s OMFWSA claims pursuant

to 28 U.S.C. § 1367 because the claims are so related to the FLSA claims as to form part of the

same case or controversy.

4. Venue is proper pursuant to 28 U.S.C. § 1391(b) because Defendant is an Ohio

corporation, its headquarters are located in this District and Division, it conducts business

throughout this District and Division, and because a substantial part of the events and omissions

giving rise to the claims occurred in this District and Division.

PARTIES

5. At all times relevant herein, Plaintiff was a citizen of the United States and a

resident of Stark County, Ohio.

6. At all times relevant herein, Plaintiff was an employee within the meaning of 29

U.S.C. § 203(e) and R.C. § 4111.03(D)(3).

7. At all times relevant herein, Defendant was an Ohio company organized and

existing under the laws of the State of Ohio, and maintains it corporate headquarters at 1888

Southway Street, Massillon, Ohio 44646.

8. At all times relevant herein, Defendant was an employer within the meaning of 29

U.S.C. § 203(d) and R.C. § 4111.03(D)(2).

9. At times relevant herein, Defendant was an enterprise within the meaning of 29

U.S.C. § 203(r).

10. At all times relevant herein, Defendant was an enterprise engaged in commerce or

in the production of goods for commerce within the meaning of 29 U.S.C. § 203(s)(1).

11. At all times relevant herein, Plaintiff was an employee engaged in commerce or in

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the production of goods for commerce within the meaning of 29 U.S.C. §§ 206-207.

12. Written consents to join this action as to Count One, as and when executed by other

individual plaintiffs, will be filed pursuant to 29 U.S.C. § 216(b).

FACTUAL ALLEGATIONS

13. Defendant is a nationwide supplier of bacon, ham, hot dogs, pepperoni and salami,

sliced meats and other specialty meat items and operates food processing, production, and

distribution facilities in Ohio.

14. Defendant employed Plaintiff between May 2006 and July 2021 as a machine

operator at its Canton, Ohio production facility.

15. Plaintiff and other similarly situated employees were employed as production

employees at Defendant’s processing, production, and distribution facilities.

16. Other similarly situated employees were employed by Defendant as production

employees.

17. Defendant classified Plaintiff and other similarly situated production employees as

non-exempt employees.

18. Defendant paid Plaintiff and other similarly situated production employees on an

hourly basis.

19. Plaintiff and other similarly situated production employees frequently worked over

40 hours per week.

20. Plaintiff worked on average 40-60 hours each week.

(Failure to Pay for All Hours Worked)

21. Plaintiff and other similarly situated production employees were only paid for work

performed between their scheduled start and stop times, and were not paid for the following work

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performed before and after their scheduled start and stop times: a) changing into and out of their

personal protective equipment, including, but not limited to, a smock, gloves, boots, safety glasses,

earplugs, and/or a hairnet; b) washing their hands; c) temperature checks; d) walking to and from

their assigned areas of the production floor; and e) performing their production work prior to their

shift start times.

22. Defendant required employees to be at their work areas performing their production

work no later than their scheduled shift start time and they were not permitted to leave their work

areas until after their scheduled shift stop time. As such, Plaintiff and similarly situated production

employees were required to arrive at work early and perform their pre-shift work before their

scheduled start times and leave work late in order to perform their post-shift work after their

scheduled stop times. However, Defendant did not pay them for this pre- and post-shift work.

23. The time Plaintiff and other similarly situated production employees spent a)

changing into and out of their personal protective equipment; b) washing their hands; c)

performing temperature checks; d) walking to and from their assigned areas of the production

floor; and e) performing their production work was an integral and indispensable part of their

principal activities, was required by Defendant, and was performed for Defendant’s benefit.

24. Changing into and out of their personal protective equipment, washing their hands,

getting temperature checks, walking to and from their assigned area of the production floor, and

performing their production work are intrinsic elements of their principal activities and ones with

which Plaintiff and other similarly situated production employees cannot dispense if they are to

perform their principal activities.

25. The time Plaintiff and other similarly-situated employees spent donning and

doffing their personal protective equipment was not only an integral and indispensable part of their

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principal activities, but it was also required by Defendant, the Occupational Safety and Health

Administration (“OSHA”), and was performed for Defendant’s benefit in that it helped keep the

production floor safe and helped promote a more safe and efficient production process.

26. Plaintiff and other similarly situated production employees were not paid for time

spent a) changing into and out of their personal protective equipment, including, but not limited

to, a smock, gloves, boots, safety glasses, earplugs, and/or a hairnet; b) washing their hands; c)

performing temperature checks; d) walking to and from their assigned areas of the production

floor; and e) performing their production work prior to their scheduled shift start times. The pre-

shift work activities are principal activities that starts the continuous workday of Plaintiff and

similarly situated production employees.

27. Plaintiff and other similarly situated production employees were also required to

change out of and back into their personal protective equipment during their 30-minute meal

periods, which reduced their meal periods to 10 or 15 minutes per shift.

28. As a result, Plaintiff and other similarly situated production employees were not

provided with bona fide meal periods during which they were completely relieved from duty.

29. The amount of time Plaintiff and other similarly situated production employees

spent on this required pre-shift, post-shift, and meal period work amounted to approximately 30

minutes per day.

30. As a result of Defendant’s practices and policies, Plaintiff and other similarly

situated production employees were not compensated for all of the time they worked, including all

of the overtime hours they worked over 40 each workweek.

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(Defendant Willfully Violated the FLSA)

31. Defendant knowingly and willfully engaged in the above-mentioned violations of

the FLSA.

COLLECTIVE ACTION ALLEGATIONS

32. Plaintiff brings Count One of this action on his own behalf pursuant to 29 U.S.C. §

216(b), and on behalf of all other persons similarly situated who have been, are being, or will be

adversely affected by Defendant’s unlawful conduct.

33. The class which Plaintiff seeks to represent and for whom Plaintiff seeks the right

to send “opt-in” notices for purposes of the collective action, and of which Plaintiff himself is a

member, is composed of and defined as follows:

All former and current non-exempt production employees of Fresh Mark,

Inc. between February 22, 2019 and the present.

34. Plaintiff is unable to state at this time the exact size of the potential class, but upon

information and belief, avers that it consists of at several thousand persons.

35. This action is maintainable as an “opt-in” collective action pursuant to 29 U.S.C. §

216(b) as to claims for unpaid overtime compensation, liquidated damages, attorneys’ fees and

costs under the FLSA. In addition to Plaintiff, numerous current and former employees are

similarly situated with regard to their claims for unpaid wages and damages. Plaintiff is

representative of those other employees and is acting on behalf of their interests as well as his own

in bringing this action.

36. These similarly situated employees are known to Defendant and are readily

identifiable through Defendant’s payroll records. These individuals may readily be notified of this

action and allowed to opt in pursuant to 29 U.S.C. § 216(b), for the purpose of collectively

adjudicating their claims for unpaid overtime compensation, liquidated damages, attorneys’ fees

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and costs under the FLSA.

CLASS ACTION ALLEGATIONS

37. Plaintiff brings Count Two of this action pursuant to Fed. R. Civ. P. 23(a) and (b)(3)

on behalf of himself and all other members of the class (“the Ohio Class”) defined as:

All former and current non-exempt production employees of Fresh Mark,

Inc. employed in the State of Ohio between February 22, 2020 and the
present.

38. The Ohio Class is so numerous that joinder of all class members is impracticable.

Plaintiff is unable to state at this time the exact size of the potential Ohio Class, but upon

information and belief, avers that it consists of at least several thousand persons.

39. There are questions of law or fact common to the Ohio Class, including but not

limited to the following:

(a) whether the unpaid pre- and post-shift work alleged herein was
compensable and should have been considered hours worked;

(b) whether Defendant failed to pay overtime compensation to its

production employees for hours worked in excess of 40 each
workweek; and

(c) what amount of monetary relief will compensate Plaintiff and other
members of the class for Defendant’s violation of R.C. § 4111.03
and § 4111.10.

40. The claims of the named Plaintiff are typical of the claims of other members of the

Ohio Class. Named Plaintiff’s claims arise out of the same uniform course of conduct by

Defendant, and are based on the same legal theories, as the claims of the other Ohio Class

members.

41. Named Plaintiff will fairly and adequately protect the interests of the Ohio Class.

His interests are not antagonistic to, but rather are in unison with, the interests of the other Ohio

Class members. The named Plaintiff’s counsel has broad experience in handling class action

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wage-and-hour litigation and is fully qualified to prosecute the claims of the Ohio Class in this

case.

42. The questions of law or fact that are common to the Ohio Class predominate over

any questions affecting only individual members. The primary questions that will determine

Defendant’s liability to the Ohio Class, listed above, are common to the class as a whole, and

predominate over any questions affecting only individual class members.

43. A class action is superior to other available methods for the fair and efficient

adjudication of this controversy. Requiring Ohio Class members to pursue their claims

individually would entail a host of separate suits, with concomitant duplication of costs, attorneys’

fees, and demands on court resources. Many Ohio Class members’ claims are sufficiently small

that they would be reluctant to incur the substantial cost, expense, and risk of pursuing their claims

individually. Certification of this case pursuant to Fed. R. Civ. P. 23 will enable the issues to be

adjudicated for all class members with the efficiencies of class litigation.

COUNT ONE
(Fair Labor Standards Act Violations)

44. Plaintiff incorporates by reference the foregoing allegations as if fully rewritten

herein.

45. Defendant’s practice and policy of not paying Plaintiff and other similarly situated

production employees for all time worked and overtime compensation at a rate of one and one-

half times their regular rate of pay for all of the hours they worked over 40 each workweek violated

the FLSA, 29 U.S.C. §§ 201-219 and 29 CFR § 785.24.

46. By engaging in the above-mentioned conduct, Defendant willfully, knowingly,

and/or recklessly violated the provisions of the FLSA.

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47. As a result of Defendant’s practices and policies, Plaintiff and other similarly

situated production employees have been damaged in that they have not received wages due to

them pursuant to the FLSA.

COUNT TWO
(Violations of Ohio Revised Code 4111.03)

48. Plaintiff incorporates by reference the foregoing allegations as if fully rewritten

herein.

49. Defendant’s practice and policy of not paying Plaintiff and other similarly situated

production employees for all time worked and overtime compensation at a rate of one and one-

half times their regular rate of pay for all of the hours they worked over 40 each workweek violated

the OMFWSA, R.C. § 4111.03.

50. By engaging in the above-mentioned conduct, Defendant willfully, knowingly

and/or recklessly violated the provisions of the OMFWSA.

51. As a result of Defendant’s practices and policies, Plaintiff and other similarly

situated production employees have been damaged in that they have not received wages due to

them pursuant to the OMFWSA.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, and all those similarly situated, collectively pray that this

Honorable Court:

A. Issue an order permitting this litigation to proceed as a collective action and

certifying the class pursuant to Fed. R. Civ. R. 23(a) and (b)(3);

B. Order prompt notice, pursuant to 29 U.S.C. § 216(b), to all class members that this

litigation is pending and that they have the right to “opt in” to this litigation;

C. Award Plaintiff and the classes he represents actual damages for unpaid wages;

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D. Award Plaintiff and the classes he represents liquidated damages equal in amount

to the unpaid wages found due to Plaintiff and the class;

E. Award Plaintiff and the classes he represents pre- and post-judgment interest at the

statutory rate;

F. Award Plaintiff and the classes he represents attorneys’ fees, costs, and

disbursements; and

G. Award Plaintiff and the classes he represents further and additional relief as this

Court deems just and proper.

Respectfully submitted,

/s/ Chastity L. Christy

Chastity L. Christy (0076977)
Anthony J. Lazzaro (0077962 )
The Lazzaro Law Firm, LLC
The Heritage Bldg., Suite 250
34555 Chagrin Boulevard
Moreland Hills, Ohio 44022
Phone: 216-696-5000
Facsimile: 216-696-7005
chastity@lazzarolawfirm.com
anthony@lazzarolawfirm.com
Attorneys for Plaintiff

JURY DEMAND

Plaintiff hereby demands a trial by jury on all eligible claims and issues so triable.

/s/ Chastity L. Christy

One of the Attorneys for Plaintiff

10
 IS 44 (Rev. 10120)
Case: 5:22-cv-00287-SLCIVIL
Doc #: COVER
1-1 Filed:SHEET
02/22/22 1 of 3. PageID #: 11
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and serviee of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required tor the usc of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
1. (a) PLAINTIFFS DEFENDANTS
Antoine McElroy Fresh Mark, Inc.

(b) County of Residence of First Listed Plaintiff .loSol.!lJ;a;ur..ck..__ _ County of Residence of First Listed Defendant _"S... ta...
r...,k..__ _
(EXCEPT iN U.S. PLAINTIFF CASES) (iN U.s. PLAiNTiFF CASES ONU)
NOTE: IN LAND CONDEMNA TTON CASES, USE THE LOCA nON OF
THE TRACT OF LAND TNVOLYED,

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (Tf Known)

The Lazzaro Law Firm, LLC, 34555 Chagrin Blvd., Suite

250, Moreland Hills, Ohio 44022; 216-696-5000
II. BASIS OF JURISDICTION (Place all "X"inOneBoxOnly) HI. CITIZENSIDP OF PRINCIPAL PARTIES (Place an ';X" in One Boxfor Plaintit
(For Diversity Cases Only) and One Boxfor Defendant)
01 u.s. Government 03 Federal Question
Citizen of This State
PTF
10 0
DEF
Incorporated or Principal Place
PTF
04
DEF
40
Plaintiff (U.S. Government Not a Party)
of Business In This State

02 IJ.S. Government 04 Diversity Citizen of Another State 02 D 2 Incorporated and Principal Place 05 05
Defendant (Indicate Citizenship of Parties in Item Ill) of'Busincss In Another State

Ci tizen or Subject of a 03 0 3 Foreign Nation 06 06

Foreign Country
IV. NATURE OF
:L.

11 0 Insurance PERSONAL INJURY PERSONAL INJURY Drug Related Seizure 375 False Claims Act
o 365 Personal Injury
120 Marine
130 Miller Act
310 Airplane
315 Airplane Produet
o Product Liability
- of Property 21 USC 881
Other
376 Qui Tam (31 USC
3729(a»
~ 140Negotiable Instrument
0150 Recovery ofOvcrpaymcnt
Liability
320 Assault, Libel &
367 HealthCarel
Pharmaceutical
'.iiiiii.IilIl!l§ll~.j
~
400 State Reapportionment
410 Antitrust
& Enforcement of Slander Personal Injury 430 Banks and Banking
o lSI Medicare Act
0152 Recovery of Defaulted
330 Federal Employers'
Liability o Product Liability
368 Asbestos Personal
450 Commerce
460 Deportation
Student Loaus 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability Corrupt Organizations
o 1I.11!11!1!1i~.I1!I1!.It::1
710Fair Labor Standards 880 Defend
Actof2016
ao371
153 Recovery of Overpayment Liability PERSONAL PROPERTY Trade Secrets 480 Consumer Credit
of Veteran's Benefits 350 Motor Vehicle 370 Other Fraud (15 USC 1681 or 1692)
o 160 Stockholders' Suits 355 Motor Vehicle Truth in Lending Act
IPI.~~gj
••••• ~ 485 Telephone Consumer
n; 00 Other Contract Product Liability 380 Other Persona! 720 Labor/Management
~ :')5 Contract Product Liability 360 Other Personal Property Damage Relations ~61 mA (I395ft)
r~; 9(} Franchise o 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) ~50 Securities/Commodities/
Product Liability 751 Family and Medical 863 DlWC/DlWW (405(g)) Exchange
Leave Act 864 ssm Title XVI 890 Other Statutory Actions
'~;~~~
:'- : 21n Land
..!.:.~..!!~!iI~"!!!~~!!l~~i!!!!!!ijjj~,j790
,!" Other Labor Litigation
791 Employee Retirement
865 RSI (405(g» 891 Agricultural Acts

: .' 2() Foreclosure Income Security Act

'I •••• Ilili•• lliiltj 893 Environmental Matters
895 Freedom of Information
-; n(J Rent Lease & Ejectment 870 Taxes (U.S. Plaintiff
H 240 T0l1s to Land or Defendant)
tj245 Tort Product Liability 871 IRS-Third Party 899 Administrative Procedure
0290 All Other Real Property 445 Amer, w/Disabilities • 535 Death Penalty 26 USC 7609 Act/Review or Appeal of
Employment Other: Naturalization Application Agency Decision
446 Amer. w/Disabilities 540 Mandamus & Other Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
(place an "X" in One Box O"Zv)
~ I Original 02
Removed from Remanded from 04 Reinstated or 0 5 Transferred from o6 Multidistrict 08 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U. S. Civil Statute under which you are filing (DlJ not cite jurisdictionalstatutes unles..• diver..•ityj:
VI. CAUSE OF ACTION r,::2~9.:;U.~S.;:.C:....:;'
§:::-§~2:.:...01~-2~19~ _
Brief description of cause:
Unpaid overtime compensation
vrr. REQUESTEDIN [RJ CHECK 1f THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23,
FRCv.P. JURy DEMAND: 0Yes DNo
VBI. RELATED CASE(S)
(See instructions}:
JFANY DOCKET NUMBER

2-22-2022
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IF? JUDGE MAG. JUDGE

 Case: 5:22-cv-00287-SL Doc #: 1-1 Filed: 02/22/22 2 of 3. PageID #: 12
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

I. Civil Categories: (Please check one category only).

1·0
2·a
General Civil
Administrative Review/Social Security
3. Habeas Corpus Death Penalty

CASE NUMBER:
II. RELATED OR REFILED CASES See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall.be assigned to the same Judge who received the initial case assignment without regardfor
the place of holding court in which the case was refiled. Counselor a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."

This action: D is RELATED to another PENDING civil case DiS a REFILED case D was PREVIOUSLY REMANDED

If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.

III. In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the
divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.

ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.

(1) Resident defendant If the defendant resides in a county within this district, please set forth the name of such
county
COUNTY: Stark
Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in
which it has its principal place of business in that district.

(2) Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county
wherein the cause of action arose or the event complained of occurred.
COUNTY:

(3) Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle
place of business within the district, and the cause of action arose or the event complained of occurred outside
this district, please set forth the county of the plaintiff's residence.
COUNTY

IV. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is
determined in Section III, please check the appropriate division.

EASTERN DIVISION

o AKRON (Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)

B
(Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga,
CLEVELAND Lake, Lorain, Medina and Richland)
YOUNGSTOWN (Counties: Columbiana, Mahoning and Trumbull)

WESTERN DIVISION

D TOLEDO (Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,
Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca
VanWert, Williams, Wood and Wyandot)
JS 44 Reverse (Rev. 10/20)
Case: 5:22-cv-00287-SL Doc #: 1-1 Filed: 02/22/22 3 of 3. PageID #: 13
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The.lS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(Il) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of tiling. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract ofland involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. Tfthere are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331,where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

Ill. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal patty.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court tor further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation - Transfer. (6) Check this box when a rnultidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation - Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGJN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the correspondingjudge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case: 5:22-cv-00287-SL Doc #: 1-2 Filed: 02/22/22 1 of 2. PageID #: 14
AD 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

forthe
Northern District of Ohio

ANTOINE MCELROY )
2742 Inglewood Ave. )
Canton, Ohio 44718 )
)
Plaintiffts)
)
)
v. Civil Action No.
)
FRESH MARK, INC. )
clo Alicia Pucky
)
1888 Southway St.
PO Box 571 )
Massillon Ohio 44646 )
Defendantts) )

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) FRESH MARK, INC.

clo AliCia Pucky
1888 Southway St.
PO Box 571
Massillon, Ohio 44646

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Chastity L. Christy
Anthony J. Lazzaro
The Lazzaro Law Firm, LLC
The Heritage Building, Suite 250
34555 Chagrin Blvd.
Moreland Hills, Ohio 44022

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

SANDY OPACICH, CLERK OF COURT

Date:
-------------------
Signature of Clerk or Deputy Clerk
 Case: 5:22-cv-00287-SL Doc #: 1-2 Filed: 02/22/22 2 of 2. PageID #: 15
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (I))

This summons for (name of individual and title, ifany)

was received by me on (date)

o I personally served the summons on the individual at (place)

on (date) ; or
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o Ileft the summons at the individual's residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

-----------------------------------
on (date) , and mailed a copy to the individual's last known address; or
----------------

o I served the summons on (name of individual) ,who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
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o Ireturned the summons unexecuted because ; or
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o Other (specify):

My fees are $ for travel and $ for services, for a total of $ 0.00

Ideclare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc: