Arreola-Ortega v. M&J Asphalt Paving Company, Inc.

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:17-cv-05927
District Judge Sharon Johnson Coleman, presiding
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District Judge Sharon Johnson Coleman
Last Updated July 28, 2025 at 10:51 PM EDT (8.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [2F259B8], Plaintiff

Represented by Brennan Center for Justice

Name Phone Fax E-Mail
Space Sean Morales-Doyle +1 646 292 8363 sean.moralesdoyle@nyu.edu

Represented by Despres Schwartz & Geoghegan

Name Phone Fax E-Mail
Space THOMAS H. GEOGHEGAN +1 312 372 2511 +1 312 372 7391 tgeoghegan@dsgchicago.com
Space Michael P Persoon +1 312 372 2511 +1 312 372 7391 mpersoon@dsgchicago.com
Space Michael Schorsch +1 312 372 2511 mschorsch@dsgchicago.com

Represented by Farmworker & Landscaper Advocacy Project

Name Phone Fax E-Mail
Space Neil Kelley +1 312 784 3541 nkelley@flapillinois.org
Space Alexandria Dolores Santistevan +1 312 784 3541 litigation@flapillinois.org
No Logo Anonymized Party [9C61E6F], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas Howard Geoghegan
Space Neil Kelley
Space Sean Morales-Doyle
Space Michael Paul Persoon +1 312 372 2511 mike.persoon@gmail.com
Space Alexandria Dolores Santistevan
Space Michael Schorsch
No Logo Cesar Arreola-Ortega, Plaintiff

Represented by Brennan Center for Justice

Name Phone Fax E-Mail
TERMINATED: 12/19/2017, TERMINATED: 12/19/2017, TERMINATED: 12/19/2017 Sean Morales-Doyle +1 646 292 8363 sean.moralesdoyle@nyu.edu

Represented by Despres Schwartz & Geoghegan

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY THOMAS H. GEOGHEGAN +1 312 372 2511 +1 312 372 7391 tgeoghegan@dsgchicago.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Michael P Persoon +1 312 372 2511 +1 312 372 7391 mpersoon@dsgchicago.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Michael Schorsch +1 312 372 2511 mschorsch@dsgchicago.com

Represented by Farmworker & Landscaper Advocacy Project

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Neil Kelley +1 312 784 3541 nkelley@flapillinois.org
No Logo Noe Roman, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas Howard Geoghegan
Space Neil Kelley
Space Sean Morales-Doyle
Space Michael Paul Persoon +1 312 372 2511 mike.persoon@gmail.com
Space Alexandria Dolores Santistevan
Space Michael Schorsch

Represented by Brennan Center for Justice

Name Phone Fax E-Mail
TERMINATED: 12/19/2017, TERMINATED: 12/19/2017, TERMINATED: 12/19/2017 Sean Morales-Doyle +1 646 292 8363 sean.moralesdoyle@nyu.edu

Represented by Despres Schwartz & Geoghegan

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY THOMAS H. GEOGHEGAN +1 312 372 2511 +1 312 372 7391 tgeoghegan@dsgchicago.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Michael P Persoon +1 312 372 2511 +1 312 372 7391 mpersoon@dsgchicago.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Michael Schorsch +1 312 372 2511 mschorsch@dsgchicago.com

Represented by Farmworker & Landscaper Advocacy Project

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Neil Kelley +1 312 784 3541 nkelley@flapillinois.org
No Logo Salvador Cantero, Plaintiff

Represented by Brennan Center for Justice

Name Phone Fax E-Mail
TERMINATED: 12/19/2017, TERMINATED: 12/19/2017, TERMINATED: 12/19/2017 Sean Morales-Doyle +1 646 292 8363 sean.moralesdoyle@nyu.edu

Represented by Despres Schwartz & Geoghegan

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY THOMAS H. GEOGHEGAN +1 312 372 2511 +1 312 372 7391 tgeoghegan@dsgchicago.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Michael P Persoon +1 312 372 2511 +1 312 372 7391 mpersoon@dsgchicago.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Michael Schorsch +1 312 372 2511 mschorsch@dsgchicago.com

Represented by Farmworker & Landscaper Advocacy Project

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Neil Kelley +1 312 784 3541 nkelley@flapillinois.org
v.
No Logo James V Distasio, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Storrs Whitworth Downey
Space Jeanne Marie Hoffmann
Space Jessica Berman Jackler
Space Jeffrey Edward Kehl

Represented by Bryce Downey & Lenkov, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Storrs W. Downey +1 312 377 1501 +1 312 377 1502 sdowney@bdlfirm.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Jeanne M. Hoffmann +1 312 377 1501 jhoffmann@bdlfirm.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Jessica Berman Jackler +1 305 577 7600 jjackler@bdlfirm.com

Represented by Laner, Muchin, Dombrow, Becker, Levin and Tominberg, Ltd.

Name Phone Fax E-Mail
Space Antonio Caldarone +1 312 467 9800 +1 312 467 9479 acaldarone@lanermuchin.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Antonio Caldarone +1 312 467 9800 +1 312 467 9479 acaldarone@lanermuchin.com

Represented by Seyferth Blumenthal & Harris LLC

Name Phone Fax E-Mail
Space Michael L. Blumenthal +1 816 756 0700 +1 816 756 3700 mike@sbhlaw.com
No Logo M&J Asphalt Paving Company, Inc., Defendant

Represented by Bryce Downey & Lenkov, LLC

Name Phone Fax E-Mail
Space Storrs W. Downey +1 312 377 1501 +1 312 377 1502 sdowney@bdlfirm.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Storrs W. Downey +1 312 377 1501 +1 312 377 1502 sdowney@bdlfirm.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Jeanne M. Hoffmann +1 312 377 1501 jhoffmann@bdlfirm.com
Space Jessica Berman Jackler +1 305 577 7600 jjackler@bdlfirm.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Jessica Berman Jackler +1 305 577 7600 jjackler@bdlfirm.com
Space Jeffrey E Kehl +1 312 377 1501 +1 312 377 1502 jkehl@bdlfirm.com

Represented by Brycedowney, LLC

Name Phone Fax E-Mail
Space Jeanne Marie Hoffmann +1 312 377 1501 jhoffmann@brycedowney.com

Represented by Laner, Muchin, Dombrow, Becker, Levin and Tominberg, Ltd.

Name Phone Fax E-Mail
Space Antonio Caldarone +1 312 467 9800 +1 312 467 9479 acaldarone@lanermuchin.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Antonio Caldarone +1 312 467 9800 +1 312 467 9479 acaldarone@lanermuchin.com

Represented by Milton M Blumenthal & Associates

Name Phone Fax E-Mail
Space Michael L Blumenthal +1 312 372 3566 +1 312 372 3573 mike@mmblumenthal.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (89) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 19 Filed: 12/19/2017, Entered: None Unknown Document Type
ORDER: Plaintiffs' motion to withdraw Sean Morales-Doyle as counsel 17 is granted. Motion is stricken from the Court's call of 12/21/2017. Signed by the Honorable Marvin E. Aspen on 12/19/2017. Mailed notice (yap, ) . (Entered: 12/20/2017)
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Legal Document (Payment Possibly Required)  Filed: 8/14/2017, Entered: None Unknown Document Type
CASE ASSIGNED to the Honorable Marvin E. Aspen. Designated as Magistrate Judge the Honorable Susan E. Cox. (meg, )
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Legal Document (Payment Possibly Required) 87 Filed: 6/12/2019, Entered: 6/12/2019
ORDER Signed by the Honorable Sharon Johnson Coleman on 6/12/2019. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 86 Filed: 6/12/2019, Entered: 6/12/2019
MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 6/12/2019. The parties' joint motion for approval of settlement 82 is granted. Enter Order. Case is dismissed with prejudice with each party to bear its own fees and costs. Civil case terminated. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 85 Filed: 6/11/2019, Entered: 6/11/2019 Court Filing
MINUTE entry before the Honorable Susan E. Cox: In light of the Joint Motion for Settlement 82 , the status before Judge Cox on 6/12/2019 is hereby stricken. The referral in this case is terminated. Case returned to the assigned judge. Mailed notice (np, )
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Legal Document (Payment Possibly Required) 84 Filed: 6/7/2019, Entered: 6/7/2019
(Joint Motion) NOTICE of Motion by Antonio Caldarone for presentment of motion for settlement 82 before Honorable Sharon Johnson Coleman on 6/12/2019 at 08:45 AM. (Caldarone, Antonio)
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Legal Document (Payment Possibly Required) 83 Filed: 6/7/2019, Entered: 6/7/2019
MEMORANDUM by James V Distasio, M&J Asphalt Paving Company, Inc. in support of motion for settlement 82 (Attachments: # 1 Exhibit 1: Settlement)(Caldarone, Antonio)
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Legal Document (Payment Possibly Required) 82 Filed: 6/7/2019, Entered: 6/7/2019
MOTION by Defendants James V Distasio, M&J Asphalt Paving Company, Inc. for settlement (JOINT MOTION) Approval of (Caldarone, Antonio)
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Legal Document (Payment Possibly Required) 81 Filed: 5/31/2019, Entered: 5/31/2019
MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 5/31/2019. Status hearing is set for 6/12/2019 at 9:00 AM. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 80 Filed: 4/15/2019, Entered: 4/15/2019
MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 4/15/2019. Parties report that a private mediation is scheduled for 5/21/2019. Status hearing is set for 5/31/2019 at 9:00 AM. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 79 Filed: 3/6/2019, Entered: 3/6/2019
MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Court has reviewed the letters submitted by the parties and does not believe the case is ripe for a settlement at this time. However, parties have agreed to engage a private mediator, and are working to schedule that mediation at some time in May. No discovery deadline set at this time. Status hearing set for 6/12/2019 at 9:30 a.m. Mailed notice (np, )
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Legal Document (Payment Possibly Required) 78 Filed: 2/11/2019, Entered: 2/11/2019 Court Filing
MINUTE entry before the Honorable Susan E. Cox: This case has been referred to Judge Cox. Judge Cox adopts the dates set forth by Judge Gilbert on 2/6/2019 [dkt. 75] related to settlement letters, but notes that all settlement correspondence should be sent to her proposed order email box (proposed_order_cox@ilnd.uscourts.gov) as well as to opposing counsel. By 2/13/19, Plaintiffs shall send their written settlement demand to Defendants, with a copy delivered to Magistrate Judge Cox's proposed order box. That demand shall state whether Plaintiffs' settlement proposal is for the opt-in Plaintiffs alone or also for the proposed class. Plaintiffs' letter also should state, if the case is not going to be settled, whether Plaintiffs intend to pursue certification of a Rule 23 class. Defendants shall respond to Plaintiffs' settlement demand in writing by 2/27/19, with a copy delivered to Magistrate Judge Cox's proposed order box. Settlement letters are not to be filed on the CM-ECF system. Once the parties go through this process, the Court will be in a position to set future discovery dates if necessary and if settlement is not a realistic possibility. A status hearing is set for 3/6/2019 at 9:30 a.m. before Judge Cox in Courtroom 1025. All other appearance dates before the previous magistrate judge are stricken. Mailed notice (np, )
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Legal Document (Payment Possibly Required) 77 Filed: 2/8/2019, Entered: 2/8/2019
MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney Michael A. Schorsch's motion to withdraw as counsel for plaintiffs 73 is granted. No appearance necessary on 2/14/2019. Attorney Michael Schorsch terminated. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 76 Filed: 2/8/2019, Entered: 2/8/2019 Court Filing
EXECUTIVE COMMITTEE ORDER: It appearing that 17 CV 5927, 2F259B8 et al., v. M&J Asphalt et al., is currently referred to Magistrate Judge Jeffrey T. Gilbert; and It further appearing that Magistrate Judge Susan E. Cox has agreed to be reassigned 17 CV 5927, 2F259B8 et al., v. M&J Asphalt et al., in connection with the reassignment of 16 CV 8637, Maplevale Farms, Inc. v. Koch Foods, Inc. et al; therefore It is hereby ordered that 17 CV 5927, 2F259B8 et al., v. M&J Asphalt et al., is to be reassigned to Judge Cox pursuant to IOP 13(d). It is further ordered that 17 CV 5927, 2F259B8 et al., v. M&J Asphalt et al., be referred to Magistrate Judge Cox. Case referred to the Honorable Susan E. Cox. Signed by Executive Committee on 2/8/2019.(pk, )
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Legal Document (Payment Possibly Required) 75 Filed: 2/6/2019, Entered: 2/6/2019 Court Filing
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 2/6/19 and continued to 3/7/19 at 10:00 a.m. Please note this is a different date than was set on the record to allow the parties more time to discuss whether settlement is a realistic possibility. By 2/13/19, Plaintiffs shall send their written settlement demand to Defendants, with a copy delivered to Magistrate Judge Gilbert's chambers. That demand shall state whether Plaintiffs' settlement proposal is for the opt-in Plaintiffs alone or also for the proposed class. Plaintiffs' letter also should state, if the case is not going to be settled, whether Plaintiffs intend to pursue certification of a Rule 23 class. Defendants shall respond to Plaintiffs' settlement demand in writing by 2/27/19, with a copy delivered to Magistrate Judge Gilbert's chambers. Settlement letters are not to be filed on the CM-ECF system. Once the parties go through this process, this Court will be in a position to set future discovery dates if necessary and if settlement is not a realistic possibility. Mailed notice (ber, )
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Legal Document (Payment Possibly Required) 74 Filed: 2/5/2019, Entered: 2/5/2019
NOTICE of Motion by Michael Schorsch for presentment of motion to withdraw as attorney 73 before Honorable Sharon Johnson Coleman on 2/14/2019 at 08:45 AM. (Schorsch, Michael)
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Legal Document (Payment Possibly Required) 73 Filed: 2/5/2019, Entered: 2/5/2019
MOTION by Attorney Michael A. Schorsch to withdraw as attorney for 2F259B8, 9C61E6F, Noe Roman. No party information provided (Schorsch, Michael)
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Legal Document (Payment Possibly Required) 72 Filed: 1/15/2019, Entered: 1/16/2019
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 1/15/19 and continued to 2/6/19 at 9:30 a.m. At that time, the Court will discuss with counsel whether settlement is a realistic possibility. Mailed notice (ber, )
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Legal Document (Payment Possibly Required) 71 Filed: 1/15/2019, Entered: 1/15/2019
MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 1/15/2019. Spanish notice was sent. Plaintiff is preparing a demand. Status hearing is set for 4/15/2019 at 9:00 AM. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 70 Filed: 12/27/2018, Entered: 12/27/2018
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Scheduling Report 69 and, per the parties' request, sets this case for a status hearing on 1/15/19 at 11:15 a.m. The parties either jointly or separately should be prepared to suggest at that time a schedule for the remaining discovery needed in this case and to address whether settlement is a realistic possibility. This is a different date than the parties suggested in their Report 69 . If it presents an irreconcilable conflict for one or both sides, then counsel jointly should communicate with the Court's courtroom deputy about rescheduling. Mailed notice (cn).
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Legal Document (Payment Possibly Required) 69 Filed: 12/21/2018, Entered: 12/21/2018
STATUS Report Joint Scheduling by James V Distasio, M&J Asphalt Paving Company, Inc. (Jackler, Jessica)
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Legal Document (Payment Possibly Required) 68 Filed: 12/6/2018, Entered: 12/6/2018
MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 12/7/2018 is stricken and reset to 1/15/2019 at 9:00 AM. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 67 Filed: 11/29/2018, Entered: 11/29/2018
MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 11/28/2018 on plaintiffs' unopposed motion for leave to file 216(b) consent to sue under the FLSA 60 and plaintiffs' opposed motion for leave to send supplementary Spanish language notice to the plaintiff class pursuant to 29 U.S.C. § 216(b) 62 . The Court grants plaintiffs' unopposed motion for leave to file 216(b) consent to sue under the FLSA 60 . Regarding plaintiffs' motion to send the class notice in Spanish, defendants filed a written response and the Court allowed brief argument on the record. Plaintiffs acknowledged that they did not request to issue the notice in Spanish initially, but believe that a Spanish notice is necessary because it is the primary language of most of the potential opt-in plaintiffs. Defendants respond that plaintiffs' failure to include a Spanish-translated notice was not inadvertent and that issuing a second notice will create confusion. Counsel for both parties, but particularly plaintiffs' counsel, failed to request and issue the notice in Spanish. Sending the same notice in Spanish ensures that potential opt-in plaintiffs whose first language is Spanish are aware of and understand their rights with respect to this litigation. See Blakes v. Illinois Bell Tel. Co., No. 11 CV 336, 2011 WL 2446598, at *10 (N.D. Ill. June 15, 2011). In the interest of justice, this Court grants plaintiffs' motion for leave to send supplementary Spanish language notice to the plaintiff class pursuant to FLSA Section 216(b) 62 . The Court directs plaintiffs to issue the proposed notice in Spanish to all class members by December 20, 2018. The Spanish notice should provide for a return postmark dated no later than January 10, 2019. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 66 Filed: 11/28/2018, Entered: 11/28/2018
MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 11/28/2018. After brief oral arguments on Plaintiff's unopposed motion for leave to file 216(b) consent to sue 60 and opposed motion for leave to send supplementary Spanish language notice to the Plaintiff class 62 , the Court shall take them under advisement and issue a ruling by 11/30/2018. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 65 Filed: 11/27/2018, Entered: 11/27/2018
EXHIBIT by Plaintiffs 2F259B8, 9C61E6F, Noe Roman [Oscar Arreola Consent to Sue Form] regarding MOTION by Plaintiffs 2F259B8, 9C61E6F, Noe Roman for leave to file 216(b) Consent to Sue Under the FLSA 60 (Schorsch, Michael)
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Legal Document (Payment Possibly Required) 64 Filed: 11/26/2018, Entered: 11/26/2018
RESPONSE by James V Distasio, M&J Asphalt Paving Company, Inc. in Opposition to MOTION by Plaintiffs 2F259B8, 9C61E6F, Noe Roman for leave to file 62 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Jackler, Jessica)
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Legal Document (Payment Possibly Required) 63 Filed: 11/20/2018, Entered: 11/20/2018
NOTICE of Motion by Michael Paul Persoon for presentment of motion for leave to file 62 before Honorable Sharon Johnson Coleman on 11/28/2018 at 08:45 AM. (Persoon, Michael)
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Legal Document (Payment Possibly Required) 62 Filed: 11/20/2018, Entered: 11/20/2018
MOTION by Plaintiffs 2F259B8, 9C61E6F, Noe Roman for leave to file (Attachments: # 1 Supplement, # 2 Supplement)(Persoon, Michael)
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Legal Document (Payment Possibly Required) 61 Filed: 11/19/2018, Entered: 11/19/2018
NOTICE of Motion by Michael Paul Persoon for presentment of motion for leave to file 60 before Honorable Sharon Johnson Coleman on 11/28/2018 at 08:45 AM. (Persoon, Michael)
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Legal Document (Payment Possibly Required) 60 Filed: 11/19/2018, Entered: 11/19/2018
MOTION by Plaintiffs 2F259B8, 9C61E6F, Noe Roman for leave to file 216(b) Consent to Sue Under the FLSA (Persoon, Michael)
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Legal Document (Payment Possibly Required) 59 Filed: 11/14/2018, Entered: 11/14/2018 Court Filing
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 11/14/18. Plaintiffs intend to file a motion before the District Judge seeking leave to allow one person to opt-in to the 216(b) collective action who submitted an opt-in notice after the deadline for doing so. Plaintiffs also intend to file a motion for leave to send out a Spanish language notice. Within 7 days after those motions are ruled upon, the parties will file a scheduling report suggesting a new status date before Judge Gilbert to address discovery and/or settlement issues. Mailed notice (ber, )
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Legal Document (Payment Possibly Required) 58 Filed: 11/7/2018, Entered: 11/7/2018
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing set for 11/14/18 at 10:30 a.m. to address the matters set forth in Defendants' Status Report 57 . Mailed notice (ber, )
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Legal Document (Payment Possibly Required) 57 Filed: 10/29/2018, Entered: 10/29/2018
STATUS Report by James V Distasio, M&J Asphalt Paving Company, Inc. (Jackler, Jessica)
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Legal Document (Payment Possibly Required) 56 Filed: 9/21/2018, Entered: 9/21/2018
MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 9/21/2018. Plaintiff is seeking leave to serve notice of the class. The Court grants leave to serve the notice of the class. Status hearing is set for 11/5/2018 is stricken and reset to 12/7/2018 at 9:00 AM. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 55 Filed: 9/19/2018, Entered: 9/19/2018
ATTORNEY Appearance for Plaintiffs 2F259B8, 9C61E6F, Noe Roman by Alexandria Dolores Santistevan (Santistevan, Alexandria)
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Legal Document (Payment Possibly Required) 54 Filed: 9/18/2018, Entered: 9/18/2018
MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 9/21/2018 at 9:15 AM to clarify the notice to the class. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 53 Filed: 8/9/2018, Entered: 8/9/2018
MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney Neil Kelley's motion to withdraw as counsel 51 is granted. Attorney Neil Kelley terminated. No appearance necessary on 8/22/2018. Status hearing set for 8/10/2018 is stricken and reset to 11/5/2018 at 9:00 AM. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 52 Filed: 8/9/2018, Entered: 8/9/2018
NOTICE of Motion by Neil Kelley for presentment of motion to withdraw as attorney 51 before Honorable Sharon Johnson Coleman on 8/22/2018 at 08:45 AM. (Kelley, Neil)
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Legal Document (Payment Possibly Required) 51 Filed: 8/9/2018, Entered: 8/9/2018
MOTION by Attorney Neil Kelley to withdraw as attorney for 2F259B8, 9C61E6F, Noe Roman. No party information provided (Kelley, Neil)
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Legal Document (Payment Possibly Required) 50 Filed: 8/8/2018, Entered: 8/9/2018
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 8/8/18. Once the parties know when the opt-in period will close, counsel shall submit a proposed order with a date to submit a proposal about the second stage of discovery. The Court will set a continued status hearing consistent with that schedule. Off the record settlement discussions held with counsel. Mailed notice (ber, )
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Legal Document (Payment Possibly Required) 49 Filed: 8/3/2018, Entered: 8/3/2018
STATUS Report pursuant to Rule 26(f), Jointly by 2F259B8, 9C61E6F, Noe Roman (Kelley, Neil)
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Legal Document (Payment Possibly Required) 48 Filed: 7/23/2018, Entered: 7/23/2018
ATTORNEY Appearance for Defendants James V Distasio, M&J Asphalt Paving Company, Inc. by Michael L. Blumenthal (Blumenthal, Michael)
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Legal Document (Payment Possibly Required) 47 Filed: 7/20/2018, Entered: 7/20/2018 Court Filing
MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 7/20/2018. The referral to Magistrate Judge Gilbert is expanded to include settlement. Status hearing is set for 8/10/2018 at 9:00 AM. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 46 Filed: 7/19/2018, Entered: 7/19/2018
ORDER: Plaintiffs, 2F259B8, 9C61E6F, and Noe Roman, move for conditional certification of a collective action pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §216(b). Defendants, M & J Asphalt Paving Company, Inc. and James V. Distasio (collectively "M & J Asphalt"), object to plaintiffs proceeding as a collective action. For the reasons stated herein, this Court grants plaintiffs' motion for conditional certification of a collective action 22 . Signed by the Honorable Sharon Johnson Coleman on 7/19/2018. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 45 Filed: 7/18/2018, Entered: 7/18/2018
MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 7/20/2018 at 9:00 AM is reset to 10:30 AM (NOTE TIME CHANGE ONLY). Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 44 Filed: 7/18/2018, Entered: 7/18/2018
STATUS Report Reassigned Case Joint Status Report by James V Distasio, M&J Asphalt Paving Company, Inc. (Jackler, Jessica)
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Legal Document (Payment Possibly Required) 43 Filed: 7/11/2018, Entered: 7/11/2018
AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Jeffrey T. Gilbert on 7/11/2018. Mailed notice(ber, )
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Legal Document (Payment Possibly Required) 42 Filed: 7/11/2018, Entered: 7/11/2018
MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Motion for Entry of Protective Order 40 is granted with the modifications agreed to by the parties after Defendants filed their motion. Enter Agreed Confidentiality Order. The motion hearing noticed for 7/17/18 is stricken with no appearance required. Mailed notice (ber, )
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Legal Document (Payment Possibly Required) 41 Filed: 7/11/2018, Entered: 7/11/2018
NOTICE of Motion by Jessica Berman Jackler for presentment of motion for protective order 40 before Honorable Jeffrey T. Gilbert on 7/17/2018 at 09:15 AM. (Jackler, Jessica)
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Legal Document (Payment Possibly Required) 40 Filed: 7/11/2018, Entered: 7/11/2018
MOTION by Defendants James V Distasio, M&J Asphalt Paving Company, Inc. for protective order (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Jackler, Jessica)
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Legal Document (Payment Possibly Required) 39 Filed: 7/6/2018, Entered: 7/6/2018
REPLY by Plaintiffs 2F259B8, 9C61E6F, Noe Roman to response in opposition to motion, 35 (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Kelley, Neil)
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Legal Document (Payment Possibly Required) 38 Filed: 7/6/2018, Entered: 7/6/2018
ATTORNEY Appearance for Defendants James V Distasio, M&J Asphalt Paving Company, Inc. by Jeffrey Edward Kehl (Kehl, Jeffrey)
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Legal Document (Payment Possibly Required) 37 Filed: 6/28/2018, Entered: 6/29/2018
MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 6/28/18 and continued to 8/8/18 at 10:00 a.m. Further to the Court's order entered on 6/13/18 34 , Defendants will produce by 7/11/18 all of the telephone records they have to produce as of that date. If they need more time to produce additional records, Plaintiff and Defendants will confer and submit a stipulation with an agreed date for that final production. If they cannot agree, then they shall submit a joint motion to resolve the dispute. Counsel reported they will need a protective order entered. The parties shall agree on language for such an order based on the Court's model confidentiality order and submit a red-line version and clean copy to the Court's proposed order email address. The 8/3/18 due date for the parties to file a supplemental Rule 26(f) report with a schedule for the next phase of discovery and the 8/8/18 status hearing set in the Court's order of 6/13/18 34 shall stand. Mailed notice (ber, )
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Legal Document (Payment Possibly Required) 36 Filed: 6/22/2018, Entered: 6/22/2018
CERTIFICATE of Service of Defendants' Response in Opposition to Plaintiffs' Motion to Facilitate Notice to The Plaintiff Class Pursuant to Rule 29 USC Section 216(b) by Jessica Berman Jackler on behalf of James V Distasio, M&J Asphalt Paving Company, Inc. regarding response in opposition to motion, 35 (Jackler, Jessica)
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Legal Document (Payment Possibly Required) 35 Filed: 6/22/2018, Entered: 6/22/2018
RESPONSE by James V Distasio, M&J Asphalt Paving Company, Inc. in Opposition to MOTION by Plaintiffs 2F259B8, 9C61E6F, Noe Roman to certify class 22 (Attachments: # 1 Exhibit Group Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Group Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Group Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Jackler, Jessica)
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Legal Document (Payment Possibly Required) 34 Filed: 6/13/2018, Entered: 6/14/2018
MINUTE entry before the Honorable Jeffrey T. Gilbert: Initial status hearing held on 6/13/18 and continued to 6/28/18 at 10:45 a.m. An additional status hearing is set for 8/8/18 at 10:00 a.m. Defendant(s) will produce their phone records by 7/11/18. Plaintiffs will supplement their responses to Defendants' written discovery by 6/19/18. By 8/3/18, the parties shall file a supplemental Rule 26(f) report with a schedule for the next phase of discovery. That report should indicate areas of disagreement as well as any areas of disagreement and the parties' respective positions concerning same. Mailed notice (ber, )
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Legal Document (Payment Possibly Required) 33 Filed: 6/11/2018, Entered: 6/11/2018
Joint Discovery Report by James V Distasio, M&J Asphalt Paving Company, Inc. (Jackler, Jessica)
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Legal Document (Payment Possibly Required) 32 Filed: 6/1/2018, Entered: 6/1/2018 Court Filing
MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purposes of discovery supervision. Initial status hearing scheduled for 6/13/18 at 10:00 a.m On or before 6/11/18, the parties shall file a joint report that outlines the additional written and oral discovery that remains to be taken as referenced in their Joint Motion to Extend Close of Fact Discovery 28 , sets forth a brief outline of the discovery issues referenced in that Joint Motion, and states whether the parties have completed the meet and confer process on those issues. The parties' filing should include dates on which they propose to serve the additional discovery referenced in the Joint Motion (if not already served), response dates for additional discovery that has been served, and should identify the remaining depositions that need to be taken and the dates upon which any of those depositions have been noticed or confirmed. Mailed notice (ber, )
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Legal Document (Payment Possibly Required) 31 Filed: 5/23/2018, Entered: 5/23/2018
EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Jeffrey T. Gilbert for discovery supervision. Signed by Executive Committee on 5/23/2018.(pk, )
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Legal Document (Payment Possibly Required) 30 Filed: 5/23/2018, Entered: 5/23/2018 Court Filing
MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 5/23/2018. Defendant's joint motion to extend close of fact discovery 28 is granted. Fact discovery is extended to 7/31/2018. Case is referred to a Magistrate Judge for discovery supervision. Response to Plaintiff's motion to facilitate notice to the plaintiff class pursuant to 29 USC 216(b) 22 is due by 6/22/2018; reply is due by 7/6/2018. Status hearing set for 7/20/2018 at 9:00 AM. Parties are to file a joint status report before the 7/20/2018 status. Mailed notice. (ym, )
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Legal Document (Payment Possibly Required) 29 Filed: 5/18/2018, Entered: 5/18/2018
Joint Motion to Extend Close of Fact Discovery NOTICE of Motion by Jessica Berman Jackler for presentment of motion to bifurcate,, motion to continue,, extension of time, 28 before Honorable Sharon Johnson Coleman on 5/23/2018 at 08:45 AM. (Jackler, Jessica)
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Legal Document (Payment Possibly Required) 28 Filed: 5/18/2018, Entered: 5/18/2018
MOTION by Defendants James V Distasio, M&J Asphalt Paving Company, Inc. to bifurcate , MOTION by Defendants James V Distasio, M&J Asphalt Paving Company, Inc. to continue , MOTION by Defendants James V Distasio, M&J Asphalt Paving Company, Inc. for extension of time to Extend Close of Fact Discovery (Jackler, Jessica)
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Legal Document (Payment Possibly Required) 27 Filed: 5/16/2018, Entered: 5/16/2018
NOTICE of Motion by Thomas Howard Geoghegan for presentment of motion to certify class 22 before Honorable Sharon Johnson Coleman on 5/23/2018 at 08:45 AM. (Geoghegan, Thomas)
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Legal Document (Payment Possibly Required) 26 Filed: 5/14/2018, Entered: 5/14/2018
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings. Honorable Marvin E. Aspen no longer assigned to the case. Signed by Executive Committee on 5/14/2018.(pk, )
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Legal Document (Payment Possibly Required) 25 Filed: 5/14/2018, Entered: 5/14/2018
MINUTE entry before the Honorable Marvin E. Aspen:Status hearing of 6/7/2018 stricken.Mailed notice (mad, )
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Legal Document (Payment Possibly Required) 24 Filed: 5/14/2018, Entered: 5/14/2018
MINUTE entry before the Honorable Marvin E. Aspen:The motion hearing set for 5/17/2018 on plaintiffs' motion to facilitate notice to the plaintiff class 22 is stricken in light of the pending reassignment of this case. Once the case is reassigned to another district judge, movant should re-notice motion to facilitate notice to the plaintiff class 22 to the newly assigned judge's calendar.Mailed notice (mad, )
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Legal Document (Payment Possibly Required) 23 Filed: 5/11/2018, Entered: 5/11/2018
MEMORANDUM by 2F259B8, 9C61E6F, Noe Roman in support of motion to certify class 22 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Persoon, Michael)
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Legal Document (Payment Possibly Required) 22 Filed: 5/11/2018, Entered: 5/11/2018
MOTION by Plaintiffs 2F259B8, 9C61E6F, Noe Roman to certify class (Persoon, Michael)
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Legal Document (Payment Possibly Required) 21 Filed: 5/11/2018, Entered: 5/11/2018
NOTICE of Motion by Michael Paul Persoon for presentment of before Honorable Marvin E. Aspen on 5/17/2018 at 10:30 AM. (Persoon, Michael)
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Legal Document (Payment Possibly Required) 20 Filed: 1/31/2018, Entered: 1/31/2018
ATTORNEY Appearance for Plaintiffs 2F259B8, 9C61E6F, Noe Roman by Michael Schorsch (Schorsch, Michael)
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Legal Document (Payment Possibly Required) 19 Filed: 12/19/2017, Entered: 12/20/2017
ORDER: Plaintiffs' motion to withdraw Sean Morales-Doyle as counsel 17 is granted. Motion is stricken from the Court's call of 12/21/2017. Signed by the Honorable Marvin E. Aspen on 12/19/2017. Mailed notice (yap, ) .
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Legal Document (Payment Possibly Required) 18 Filed: 12/18/2017, Entered: 12/18/2017
NOTICE of Motion by Sean Morales Doyle for presentment of motion to withdraw as attorney 17 before Honorable Marvin E. Aspen on 12/21/2017 at 10:30 AM. (Morales Doyle, Sean)
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Legal Document (Payment Possibly Required) 17 Filed: 12/18/2017, Entered: 12/18/2017
MOTION by Attorney Sean Morales-Doyle to withdraw as attorney for 2F259B8, 9C61E6F, Noe Roman. No party information provided (Morales Doyle, Sean)
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Legal Document (Payment Possibly Required) 16 Filed: 12/14/2017, Entered: 12/15/2017
MINUTE entry before the Honorable Marvin E. Aspen: Status hearing held on 12/14/2017 and continued to 6/7/2018 at 10:30 AM. All fact discovery will close on 6/1/2018. No extensions will be allowed.Mailed notice (mad, )
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Legal Document (Payment Possibly Required) 15 Filed: 11/29/2017, Entered: 11/29/2017
MINUTE entry before the Honorable Marvin E. Aspen:Status hearing of 12/7/2017 is stricken and reset for 12/14/2017 at 10:30 AM.Mailed notice (mad, )
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Legal Document (Payment Possibly Required) 14 Filed: 10/25/2017, Entered: 10/25/2017
ATTORNEY Appearance for Defendants James V Distasio, M&J Asphalt Paving Company, Inc. by Jessica Berman Jackler (Jackler, Jessica)
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Legal Document (Payment Possibly Required) 13 Filed: 10/25/2017, Entered: 10/25/2017
ATTORNEY Appearance for Defendants James V Distasio, M&J Asphalt Paving Company, Inc. by Jeanne Marie Hoffmann (Hoffmann, Jeanne)
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Legal Document (Payment Possibly Required) 12 Filed: 10/25/2017, Entered: 10/25/2017
ATTORNEY Appearance for Defendants James V Distasio, M&J Asphalt Paving Company, Inc. by Storrs Whitworth Downey (Downey, Storrs)
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Legal Document (Payment Possibly Required) 11 Filed: 10/20/2017, Entered: 10/20/2017
ANSWER to Complaint by James V Distasio, M&J Asphalt Paving Company, Inc. (Caldarone, Antonio)
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Legal Document (Payment Possibly Required) 10 Filed: 10/12/2017, Entered: 10/12/2017
MINUTE entry before the Honorable Marvin E. Aspen: Status hearing set for 12/7/2017 at 10:30 AM.Mailed notice (mad, )
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Legal Document (Payment Possibly Required) 9 Filed: 10/11/2017, Entered: 10/11/2017
ATTORNEY Appearance for Defendants James V Distasio, M&J Asphalt Paving Company, Inc. by Antonio Caldarone (Caldarone, Antonio)
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Legal Document (Payment Possibly Required) 8 Filed: 8/30/2017, Entered: 8/30/2017
WAIVER OF SERVICE returned executed by 2F259B8, Noe Roman, 9C61E6F. James V Distasio waiver sent on 8/26/2017, answer due 10/25/2017. (Geoghegan, Thomas)
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Legal Document (Payment Possibly Required) 7 Filed: 8/30/2017, Entered: 8/30/2017
WAIVER OF SERVICE returned executed by 2F259B8, Noe Roman, 9C61E6F. M&J Asphalt Paving Company, Inc. waiver sent on 8/24/2017, answer due 10/23/2017. (Geoghegan, Thomas)
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Legal Document (Payment Possibly Required) 6 Filed: 8/18/2017, Entered: 8/18/2017
ATTORNEY Appearance for Plaintiffs 2F259B8, 9C61E6F, Noe Roman by Sean Morales Doyle (Morales Doyle, Sean)
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Legal Document (Payment Possibly Required) 5 Filed: 8/17/2017, Entered: 8/17/2017
ATTORNEY Appearance for Plaintiffs 2F259B8, 9C61E6F, Noe Roman by Neil Kelley (Kelley, Neil)
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Legal Document (Payment Possibly Required) 4 Filed: 8/14/2017, Entered: 8/14/2017
ATTORNEY Appearance for Plaintiffs 2F259B8, 9C61E6F, Noe Roman by Michael Paul Persoon (Persoon, Michael)
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Legal Document (Payment Possibly Required) 3 Filed: 8/14/2017, Entered: 8/14/2017
ATTORNEY Appearance for Plaintiffs 2F259B8, 9C61E6F, Noe Roman by Thomas Howard Geoghegan (Geoghegan, Thomas)
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Legal Document (Payment Possibly Required) 2 Filed: 8/14/2017, Entered: 8/14/2017
CIVIL Cover Sheet (Geoghegan, Thomas)
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Legal Document (Payment Possibly Required) 1 Filed: 8/14/2017, Entered: 8/14/2017
COMPLAINT filed by 2F259B8, Noe Roman, 9C61E6F; Jury Demand. Filing fee $ 400, receipt number 0752-13477680. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Geoghegan, Thomas)
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