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 47 |
Filed: 10/18/2007, Entered: 10/18/2007 |
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Minute Entry for Motion Hearing re [43] MOTION for Settlement filed by Kevin Moore, Kevin Bell, Subane Lowery, Ryan Phillips, Hamp Crum, III, James Kuczmaski, Adam Pike, Fredrick S. Kuczmaski, John Stone held before Judge Myron H. Thompson on 10/18/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, )
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 Request |
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| -- |
Filed: 10/17/2007, Entered: 10/18/2007 |
Case Reopened |
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Case reopened (djy, )
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 46 |
Filed: 9/27/2007, Entered: 9/27/2007 |
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ORDERED as follows: (1) the [45] motion to continue is granted; (2) the [43] joint motion for approval of settlement agreement is RESET for hearing on 10/18/07 at 2:00 p.m. Signed by Judge Myron H. Thompson on 9/27/07. (Term: M/Hearing-10/11/07)(sl, )
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Filed: 9/27/2007, Entered: 9/27/2007 |
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Set/Reset Deadlines as to [43] MOTION for Settlement. Motion Hearing set for 10/18/2007 02:00 PM in chambers before Honorable Myron H. Thompson. (sl, )
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| 45 |
Filed: 9/26/2007, Entered: 9/26/2007, Terminated: 9/27/2007 |
Motion to Continue |
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MOTION to Continue the Telephone Hearing Currently Scheduled for October 11, 2007 at 9:00 am (Unopposed) by James Kuczmaski. (Wiggins, Gregory)
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| 44 |
Filed: 9/25/2007, Entered: 9/25/2007 |
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ORDERED that the [43] Joint Motion for Approval of Settlement is set for hearing on 10/11/07 at 9:00 a.m. Counsel for defendant is to arrange for the hearing to be conducted by telephone. Plaintiffs are to be available by telephone so that they can give testimony. Signed by Judge Myron H. Thompson on 9/25/07. (sl, )
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| 43 |
Filed: 9/11/2007, Entered: 9/12/2007, Terminated: 10/18/2007 |
Terminated: |
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JOINT MOTION for Approval of Settlement Agreements by Hamp Crum, III, Ryan Phillips, Kevin Moore, John Stone, Fredrick S. Kuczmaski, James Kuczmaski, Subane Lowery, Kevin Bell, Adam Pike. (Attachments: #(1) Exhibit A (FILED UNDER SEAL); #(2) Exhibit B (FILED UNDER SEAL); #(3) Exhibit C (FILED UNDER SEAL); #(4) Exhibit D (FILED UNDER SEAL); #(5) Exhibit E (FILED UNDER SEAL); #(6) Exhibit F (FILED UNDER SEAL); #(7) Exhibit G (FILED UNDER SEAL); #(8) Exhibit H (FILED UNDER SEAL); #(9) Exhibit I (FILED UNDER SEAL)) (dmn)
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| 42 |
Filed: 9/11/2007, Entered: 9/11/2007 |
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ORDER granting [40] Motion for Leave to File agreements under seal. Signed by Judge Myron H. Thompson on 9/11/07. (sl, )
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| 41 |
Filed: 9/11/2007, Entered: 9/11/2007 |
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ORDER granting [39] Motion to add Fredrick S. Kuczmaski as plaintiff. Signed by Judge Myron H. Thompson on 7/11/07. (sl, )
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| 40 |
Filed: 9/4/2007, Entered: 9/4/2007, Terminated: 9/11/2007 |
Motion for Leave to File |
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Joint MOTION for Leave to File Agreements Under Seal by James Kuczmaski, Adam Pike, Ryan Phillips, John Stone, Subane Lowery, Kevin Bell, Kevin Moore, Hamp Crum, III, Fredrick S. Kuczmaski, and US FoodService. (Baker, Tammy) [Modified on 9/5/2007 to add additional filers who were omitted at the original time of filing.-DMN]
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| 39 |
Filed: 9/4/2007, Entered: 9/4/2007, Terminated: 9/11/2007 |
Motion to Amend/Correct |
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Joint MOTION to Amend/Correct to Add Fredrick Kuczmaski as Plaintiff by James Kuczmaski, Adam Pike, Ryan Phillips, John Stone, Subane Lowery, Kevin Bell, Kevin Moore, Hamp Crum, III, and US FoodService. (Baker, Tammy) [Modified on 9/5/2007 to add additional filers who were omitted at the original time of filing.-DMN]
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| 37 |
Filed: 6/15/2007, Entered: 6/15/2007 |
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ORDER denying [36] Motion for Extension of Deadline . Signed by Judge Myron H. Thompson on 6/15/07. (sl, )
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| 36 |
Filed: 6/14/2007, Entered: 6/14/2007, Terminated: 6/15/2007 |
for Extension of Deadline |
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MOTION for Extension of Deadline by US FoodService. (Baker, Tammy)
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| 35 |
Filed: 6/14/2007, Entered: 6/14/2007 |
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ORDER denying [34] Joint Motion to Stay Pending Mediation. Signed by Judge Myron H. Thompson on 6/14/2007. (dmn)
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| 34 |
Filed: 6/11/2007, Entered: 6/11/2007, Terminated: 6/14/2007 |
Motion to Stay |
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Joint MOTION to Stay Pending Mediation by James Kuczmaski, Adam Pike, Ryan Phillips, John Stone, Subane Lowery, Kevin Bell, Hamp Crum, III, and US FoodService. (Baker, Tammy) [Modified on 6/12/2007 to add additional filers who were omitted at the original time of filing.-DMN]
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| 33 |
Filed: 6/4/2007, Entered: 6/4/2007 |
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ORDER granting [32] Motion for Tamula R. Yelling to Withdraw as Attorney. Signed by Judge Myron H. Thompson on 6/4/07. (sl, )
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Filed: 6/4/2007, Entered: 6/4/2007 |
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*** Attorney Tamula Renee Yelling terminated pursuant to order entered on 6/4/07. (sl, )
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| 32 |
Filed: 5/30/2007, Entered: 5/30/2007, Terminated: 6/4/2007 |
Motion to Withdraw |
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MOTION to Withdraw by US FoodService. (Yelling, Tamula)
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| 31 |
Filed: 5/22/2007, Entered: 5/22/2007 |
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NOTICE of Change of Address by Tammy L. Baker (Baker, Tammy)
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| 30 |
Filed: 4/16/2007, Entered: 4/16/2007 |
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NOTICE by US FoodService of Filing Defendant's Expert Designation (Baker, Tammy)
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| 29 |
Filed: 3/30/2007, Entered: 3/30/2007 |
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Corporate/Conflict Disclosure Statement by US FoodService. (Baker, Tammy)
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| 28 |
Filed: 3/15/2007, Entered: 3/15/2007 |
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NOTICE by James Kuczmaski of Filing Expert Designation (Attachments: # (1) Attachment - Plaintiffs' Expert Designation)(Wiggins, Gregory)
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Filed: 12/29/2006, Entered: 12/29/2006 |
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NOTICE of Docket Text Correction re [26] Answer to Complaint to reflect as answer to [27] fourth amended complaint (NO PDF Document attached to this notice). (djy, )
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| 27 |
Filed: 12/28/2006, Entered: 12/28/2006 |
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AMENDED COMPLAINT (Fourth Amended Complaint with Certificate of Service) against all defendants, filed by James Kuczmaski.(Wiggins, Gregory)
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| 26 |
Filed: 12/27/2006, Entered: 12/27/2006 |
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ANSWER to Complaint (4th Amended Complaint) by US FoodService.(Baker, Tammy) Modified on 12/29/2006 to reflect as answer to [27] fourth amended complaint (qc/djy).
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| 25 |
Filed: 12/14/2006, Entered: 12/14/2006 |
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ORDER granting [24] Motion to Amend [1] Complaint to Add Kevin Moore as Party Plaintiff. Any objections must be filed within 7 days from the date of this order. Signed by Judge Myron H. Thompson on 12/14/2006. (dmn)
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| 24 |
Filed: 12/13/2006, Entered: 12/13/2006, Terminated: 12/14/2006 |
Motion to Amend/Correct |
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MOTION to Amend/Correct to Add Kevin Moore as Party Plaintiff by James Kuczmaski. (Attachments: # (1) Attachment - Fourth Amended Complaint)(Wiggins, Gregory)
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| 23 |
Filed: 10/20/2006, Entered: 10/20/2006 |
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SCHEDULING ORDER: Pretrial hearing set for 10/15/2007; Jury Trial set for 11/26/2007; Amended Pleadings due by 12/15/2006; Discovery due by 6/15/2007; Dispositive Motions due by 7/16/2007; Mediation Notice due by 8/13/2007. Signed by Judge Myron H. Thompson on 10/20/06. (sl, )
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| 22 |
Filed: 10/19/2006, Entered: 10/19/2006 |
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NOTICE of Correction re [20] Third Amended Complaint to attach correct PDF document to include the Certificate of Service. (Attachments: # (1) Corrected Main Document to Docket Entry [20])(wcl, )
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| 21 |
Filed: 10/19/2006, Entered: 10/19/2006 |
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REPORT of Rule 26(f) Planning Meeting. (Baker, Tammy)
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| 20 |
Filed: 10/19/2006, Entered: 10/19/2006 |
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AMENDED COMPLAINT (Third Amended Complaint) against US FoodService, filed by James Kuczmaski.(Wiggins, Gregory) Additional attachment(s) added on 10/19/2006 to attach correct PDF document to include the Certificate of Service (wcl, ).
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Filed: 10/19/2006, Entered: 10/20/2006 |
Add and Terminate Attorneys |
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***Attorney Tamula Renee Yelling for US FoodService added pursuant to Rule 26(f) Report filed this date. (NO PDF ATTACHED-SEE DOCKET ENTRY [21]) (wcl, )
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| 19 |
Filed: 10/18/2006, Entered: 10/18/2006 |
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ANSWER to Complaint (Third Amended Collective Action Complaint) by US FoodService.(Baker, Tammy)
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| 18 |
Filed: 10/18/2006, Entered: 10/18/2006 |
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ANSWER to Amended Complaint (Second Amended Collective Action Complaint) by US FoodService.(Baker, Tammy)
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| 17 |
Filed: 10/10/2006, Entered: 10/10/2006 |
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ORDER granting [16] Motion to Amend Complaint as further set out in order . Signed by Judge Myron H. Thompson on 10/10/06. (vma, )
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Filed: 10/10/2006, Entered: 10/10/2006 |
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NOTICE of Docket Text Correction re [16] MOTION to Amend/Correct Complaint to reflect attachment as a Proposed Third Amended Complaint. (NO PDF ATTACHED)(wcl, )
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| 16 |
Filed: 10/9/2006, Entered: 10/9/2006, Terminated: 10/10/2006 |
Motion to Amend/Correct |
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MOTION to Amend/Correct Complaint to Add Hamp Crum, III as Party Plaintiff by James Kuczmaski. (Attachments: # (1))(Wiggins, Gregory) Modified on 10/10/2006 to reflect attachment as a Proposed Third Amended Complaint (wcl, ).
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| 15 |
Filed: 9/28/2006, Entered: 9/28/2006 |
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ORDER directing the parties file the Rule 26(f) report containing the discovery plan as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 10/19/2006. Signed by Judge Myron H. Thompson on 9/28/06. (wcl, )
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| 14 |
Filed: 9/28/2006, Entered: 9/28/2006 |
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SUMMONS Returned Executed by James Kuczmaski. US FoodService served on 9/28/2006, answer due 10/18/2006. (Wiggins, Gregory)
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| 13 |
Filed: 9/28/2006, Entered: 9/28/2006 |
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Alias Summons Issued as to US FoodService and returned to counsel for personal service on the dft. (wcl, ) Modified on 9/28/2006 to reflect as filed today and not on 9/27/2006 (wcl, ).
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Filed: 9/28/2006, Entered: 9/28/2006 |
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NOTICE of Docket Text Correction re [13] Alias Summons Issued to reflect as filed today and not on 9/27/2006. (NO PDF ATTACHED) (wcl, )
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Filed: 9/28/2006, Entered: 9/28/2006 |
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NOTICE of Docket Text Correction re [12] Answer to Amended Complaint to show as only related to Amended Complaint not Complaint. (NO PDF ATTACHED) (wcl, )
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| 12 |
Filed: 9/27/2006, Entered: 9/27/2006 |
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ANSWER to Complaint, ANSWER to Amended Complaint by US FoodService.(Baker, Tammy) Modified on 9/28/2006 to reflect as Answer only to Amended Complaint. (wcl, )
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| 11 |
Filed: 9/26/2006, Entered: 9/26/2006 |
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ORDER granting [10] Motion to Amend Complaint. Signed by Judge Myron H. Thompson on 9/26/06. (wcl, )
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Filed: 9/25/2006, Entered: 9/25/2006 |
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NOTICE of Docket Text Correction re [10] MOTION to Amend Complaint to identify attachment as Proposed Second Amended Complaint. (NO PDF ATTACHED) (wcl, )
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| 10 |
Filed: 9/22/2006, Entered: 9/22/2006, Terminated: 9/26/2006 |
Motion to Amend/Correct |
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MOTION to Amend/Correct Complaint with Second Amended Complaint attached by James Kuczmaski. (Attachments: # (1) Proposed Second Amended Complaint)(Wiggins, Gregory) Modified on 9/25/2006 to identify attachment. (wcl, )
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| 9 |
Filed: 9/20/2006, Entered: 9/20/2006 |
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AMENDED COMPLAINT (Second Amended Collective Action Complaint) against US FoodService, filed by James Kuczmaski.(Wiggins, Gregory)
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| 8 |
Filed: 9/7/2006, Entered: 9/7/2006 |
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SUMMONS Returned Executed by James Kuczmaski. US FoodService served on 9/7/2006, answer due 9/27/2006. (Wiggins, Gregory)
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| 7 |
Filed: 9/7/2006, Entered: 9/7/2006 |
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Alias Summons issued as to US FoodService re amended complaint. (dmn)
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| 6 |
Filed: 9/6/2006, Entered: 9/6/2006 |
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NOTICE of document stricken from the record re [5] Alias Summons Returned Executed. The referenced pleading was filed erroneously. The alias summons has not been issued by the court. Therefore, the referenced document is STRICKEN from the record and the parties are instructed to disregard the entry on the court's docket. (dmn)
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| 5 |
Filed: 9/1/2006, Entered: 9/1/2006 |
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[STRICKEN FROM THE RECORD, SEE NOTICE ISSUED 9/6/2006.-DMN] ALIAS SUMMONS Returned Executed by James Kuczmaski. US FoodService served on 9/1/2006, answer due 9/21/2006. (Wiggins, Gregory) Modified on 9/6/2006 (dmn).
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| 4 |
Filed: 8/31/2006, Entered: 8/31/2006 |
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AMENDED COMPLAINT against US FoodService, filed by James Kuczmaski, Ryan Phillips, Adam Pike, John Stone, and Subane Lowery.(Wiggins, Gregory) [Modified on 9/1/2006 to add additional filers who were omitted at the original time of filing.-DMN]
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| 3 |
Filed: 8/21/2006, Entered: 8/21/2006 |
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SUMMONS Returned Executed by James Kuczmaski. US FoodService served on 8/18/2006, answer due 9/7/2006. (Wiggins, Gregory)
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Filed: 8/16/2006, Entered: 8/16/2006 |
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NOTICE of Docket Correction re Jury Demand to reflect jury demand contained in complaint and filed on 8/14/2006 not 8/16/2006 (NO PDF Document attached to this notice). (djy, )
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Filed: 8/15/2006, Entered: 8/15/2006 |
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Case Reassigned to Judge Myron H. Thompson and Susan Russ Walker. Judge Susan Russ Walker no longer assigned to the case as presiding judge. (No PDF Attached) (wcl, )
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| 49 |
Filed: 10/18/2007, Entered: 10/18/2007, Terminated: 11/26/2007 |
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JUDGMENT, in accordance with the memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the parties' 43 joint motion for approval of settlement is granted and the settlement is approved; (2) pursuant to the settl ement agreement, this lawsuit is dismissed with prejudice, with costs taxed as paid; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Judge Myron H. Thompson on 10/18/07. (Attachments: # 1 civil appeals checklist)(djy, )
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| 2 |
Filed: 8/14/2006, Entered: 8/16/2006 |
Summons Issued |
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Summons Issued as to US FoodService and returned to counsel for personal service on defendant. (djy, )
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| 48 |
Filed: 10/18/2007, Entered: 10/18/2007 |
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OPINION. Signed by Judge Myron H. Thompson on 10/18/07. (djy, )
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| 1 |
Filed: 8/14/2006, Entered: 8/16/2006 |
Complaint |
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COLLECTIVE ACTION COMPLAINT against US FoodService (Filing fee $ 350.00 receipt number 111192.) filed by Ryan Phillips, John Stone, James Kuczmaski, Adam Pike.(djy, )
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| 38 |
Filed: 7/10/2007, Entered: 7/10/2007 |
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JUDGMENT that this lawsuit is dismissed in its entirety with prejudice, with the parties to bear their own costs and with leave to the parties, within 45 days, to stipulate to a different basis for dismissal or to stipulate to the entry of judgment i nstead of dismissal, and with leave to any party to file, within 45 days, a motion to have the dismissal set aside and the case reinstated or the settlement enforced, should the settlement not be consummated. The Clerk of court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Judge Myron H. Thompson on 7/10/07. (Attachments: # 1 Civil Appeals Checklist) (Term: PT-10/15/07; JT-11/26/07)(sl, )
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Filed: 8/14/2006, Entered: 8/16/2006 |
Jury Demand |
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DEMAND for Trial by Jury by Ryan Phillips, John Stone, James Kuczmaski, Adam Pike. (NO PDF document attached to this notice-See Docket Entry [1]) (djy, ) Modified on 8/16/2006 to reflect jury demand contained in complaint and filed on 8/14/2006 not 8/16/2006 (qc/djy, ).
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