Plaintiff: Adam Hazel, Albert Franklin, Alinda Haywood, Alyssa Aldridge, Amanda Thaxton, Amber Faircloth, Anonymized Party [010B7E1], Anonymized Party [02D2522], Anonymized Party [037B989], Anonymized Party [0569D08], Anonymized Party [05E7940], Anonymized Party [074C4AC], Anonymized Party [0B3F9FB], Anonymized Party [0CA482F], Anonymized Party [0DE3CFE], Anonymized Party [10C8898], Anonymized Party [10CBD00], Anonymized Party [1166110], Anonymized Party [15A863B], Anonymized Party [16BAD33], Anonymized Party [17AA62E], Anonymized Party [189CA3C], Anonymized Party [1CF7CF6], Anonymized Party [1F88B2F], Anonymized Party [2304300], Anonymized Party [26CB2D6], Anonymized Party [27FBD94], Anonymized Party [2DE5F89], Anonymized Party [33C0BC8], Anonymized Party [3882EDE], Anonymized Party [3A7B9E2], Anonymized Party [3CEE9A1], Anonymized Party [3D16F3F], Anonymized Party [3E75F68], Anonymized Party [3E8D919], Anonymized Party [402B3BA], Anonymized Party [45A381B], Anonymized Party [463F186], Anonymized Party [4CABF94], Anonymized Party [4CF218E], Anonymized Party [508977F], Anonymized Party [54FFFDA], Anonymized Party [5655CBA], Anonymized Party [588902A], Anonymized Party [5E21370], Anonymized Party [6066702], Anonymized Party [6113405], Anonymized Party [63CD3FC], Anonymized Party [6424385], Anonymized Party [6BC0BE9], Anonymized Party [6CEAAFB], Anonymized Party [6DD7543], Anonymized Party [720F81C], Anonymized Party [74DB8D4], Anonymized Party [759A090], Anonymized Party [774DFC4], Anonymized Party [779582F], Anonymized Party [7943A65], Anonymized Party [7C603A4], Anonymized Party [80BE11F], Anonymized Party [82A6D0D], Anonymized Party [85F4948], Anonymized Party [864306A], Anonymized Party [8657188], Anonymized Party [87FD0D0], Anonymized Party [885BDFF], Anonymized Party [88850D4], Anonymized Party [88D4748], Anonymized Party [8C9DA0B], Anonymized Party [9048828], Anonymized Party [90A7D43], Anonymized Party [921A386], Anonymized Party [938214E], Anonymized Party [96EC618], Anonymized Party [98270E9], Anonymized Party [996CD21], Anonymized Party [9B1B8CE], Anonymized Party [9C67510], Anonymized Party [9D3DD3F], Anonymized Party [9F07057], Anonymized Party [9F2EA15], Anonymized Party [A28F545], Anonymized Party [A594DD7], Anonymized Party [A5DB520], Anonymized Party [A988C75], Anonymized Party [ACBD74E], Anonymized Party [B78B56F], Anonymized Party [B9C77E4], Anonymized Party [C11160C], Anonymized Party [C132F77], Anonymized Party [C2608E7], Anonymized Party [C270D9F], Anonymized Party [C325328], Anonymized Party [C577611], Anonymized Party [C82653B], Anonymized Party [C9BDABE], Anonymized Party [CD7E9CD], Anonymized Party [D0A82B8], Anonymized Party [D2507F6], Anonymized Party [D4F109B], Anonymized Party [D6113F0], Anonymized Party [D6AF48C], Anonymized Party [D9677DC], Anonymized Party [DBFD01C], Anonymized Party [DCD9C96], Anonymized Party [E57A137], Anonymized Party [E629421], Anonymized Party [E8454F1], Anonymized Party [EAEA169], Anonymized Party [EEB8C62], Anonymized Party [EF1E9B5], Anonymized Party [F605105], Anonymized Party [F771C11], Anonymized Party [FA77C52], Anonymized Party [FD4ED2F], Anonymized Party [FE47D98], Anonymized Party [FE8EE87], Anonymized Party [FF8A17F], Anthony Jones, Anthony Kaleta, Ashley Lee, Ashley Orosz, Ashlyn Bryant, Branden Turner, Brandon Tesner, Briar Creech, Carmen Wells, Carrie Santti, Chastity Marshall, Cherylyn Cunningham-Hood, Chris Mcmurray, Christian Jackson, Christine Powe, Cierra Hendricks, Claudine Mijal, Coretta White, Cornelius Armstrong, Craig Schrecengost, Cressie Horne, Daijon Ross, Daiona Bell, Danette Benaitis, Danny Hagood, Darius Williams, Debra Schultz, Debra Wolcott, Devin Williams, Donielle Walters, Emily Keller, Eric McGee, Frederick Hollins, Gregory Brooks, Jared Scudder, Jason Reid, Sr., Jaylin Wiggins, Jelani Scott, Jeri Sneller, Jonathon McCray, Jonathon Schroedl, Jordan Hicks, Joya Borofka-Webb, Katelyn Kuhn, Katherine Kaleta, Kenneth Troope, Kenneth Trotman, Khaldun Abubakari, Kimyette Black, Laise Harper, Lakeisha Demoss, Laurisa LaRose Mowery, Leah Teague, Lenard Banks, Levi Stuvengen, Logan Snyder, Lucas Garcia, Mariah Ruvalcaba, Mary Ann Williams, Matthew Collins, Matthew Decker, Megan Achtemeier, Michelle Skaja, Mike Armstrong, Mitchell Neu, Molly Becker, Monica Patterson, Nancy Borowski-Smith, Nicole Blankenship, Nicole Towns, Noah Campbell, Odessia Miller, Pamela Flowers, Patti Langford, Raalakhan Williams, Reginald Johnson, Richard Murphy, Ronald Kimbrough, Ronnisha Brown, Ryan Meislahn, Scott Nazimek, Scott Randall, Sevester Strickland, Shad Smith, Shandrieka Richardson, Shemisha Burnett, Starlicia Tucker, Stephanie Root, Sunrise Garreau, Tabitha Barrientes, Tiffany Sackett, Tiffany Williams, Timothy Kutzly Massingill, Tyler Hoerres, Tyler Krafthefer, Tyler Siewert, Tyrone Brown, Vanessa Wesco, Vincent Ignoffo, Vivianne Agustus, William Neville, Zenon Szuda
Dismissal Order. Counsel represent that this case has resolved. Settled and dismissed without prejudice. Each party is to bear its own costs. Any subsequent Dismissal with prejudice filed on or before April 9, 2020 shall supersede this Order. This Court also retains jurisdiction to enforce the terms of the settlement. Judge Jack Zouhary on 1/16/2020. (D,L)
Random Reassignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (S,Ke)
Filed: 8/30/2019, Entered: 8/30/2019
Judge Jack Zouhary assigned to case, Judge Benita Y. Pearson terminated. (S,Ke)
Order of Reassignment This case is returned to the Clerk for reassignment to Judge Jack Zouhary for all further proceedings. Judge Benita Y. Pearson on 8/29/2019. (JLG)
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 8/29/2019. Present were Attorney Hans A. Nilges as counsel for Plaintiffs and Attorney Paul L. Bittner as counsel for Defendant. The parties further informed the Court of a global settlement agreement reached via private mediation. The global settlement agreement resolves not only this matter, but also 2 similar cases pending in this district before Judge Jack Zouhary. The parties informed the Court that they would like to transfer this case to the Western Division solely to effectuate the global settlement agreement. There being agreement that transferring the instant case to Judge Zouhary's docket will facilitate the global settlement reached in principle, a separate order making that transfer will issue. (Court Reporter: None); Time: 15 Minutes. (JLG)
Filed: 8/29/2019, Entered: 8/29/2019
IMPORTANT Notice [non-document]: The Telephonic Status Conference shall continue today, 8/29/2019, at 1:30 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiffs shall set up the conference call by joining the other participants and calling the Court at (330) 884-7435. If counsel is unable to attend, they shall jointly file a notice providing mutually convenient times today to resume the Telephonic Status Conference. (JLG)
Filed: 8/27/2019, Entered: 8/27/2019
Order [non-document] granting the parties' 108 Motion for Status Call. A Telephonic Status Conference is set for 8/29/2019 at 10:30 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiffs shall set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Judge Benita Y. Pearson on 8/27/2019. (JLG)
Order On 11/9/2018, the Court stayed this case pending arbitration proceedings. ECF No. 96 . As part of the Order, the parties were required to submit a Joint Status Report 90 days after the Order was entered and every 90 days thereafter. Id. The parties submitted a Joint Status Report on 2/12/2019 [ECF No. 99] and a subsequent report on 3/29/2019 [ECF No. 101 ]. Since then, the parties have not submitted a Joint Status Report as required. The parties in this case are hereby ordered to submit a Joint Status Report within 7 days of this Order. Judge Benita Y. Pearson on 8/16/2019. (JLG)
Order granting Motion for Appearance Pro Hac Vice by Attorney Jennifer R. Buchheit for Defendant Menard, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 103 ). Judge Benita Y. Pearson on 5/13/2019. (JLG)
Motion for attorney Jennifer R. Buchheit to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9306739, filed by Defendant Menard, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bittner, Paul)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 6113405)(Nilges, Hans)
Order granting Attorney Daniel Culicover's 97 Motion for Leave to Withdraw as Counsel for Defendant Menard, Inc. Judge Benita Y. Pearson on 1/28/2019. (JLG)
Order For the reasons set forth herein, the Court denies Plaintiff's Motion for Leave to File a Second Amended Complaint (ECF No. 58 ). The Court grants Plaintiff's Motion for Conditional Certification (ECF No. 46 ) and conditionally certifies the class set forth herein. Notwithstanding the conditional certification, however, proceedings will remain stayed while Plaintiff and Defendant pursue individual arbitration, which the Court hereby compels (granting in part Defendant's motion at ECF No. 76 ). At the conclusion of the arbitration, if appropriate, the parties shall confer as to the form and content of the Notice of Collective Action and jointly submit a proposed Notice for distribution to potential class members. The parties may also file any other appropriate motions at the conclusion of the arbitration. Additionally, the parties are hereby ordered to submit a joint status report 90 days from the date of this Order, and every 90 days thereafter, to ensure the Court remains apprised of all relevant developments. Judge Benita Y. Pearson on 11/9/2018. (JLG)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of FF8A17F)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 9B1B8CE)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of ACBD74E, # 2 Consent of 1F88B2F)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of Adam Snow, # 2 Consent of Adrian Nickence, # 3 Consent of Michael Sommer, Jr., # 4 Consent of Mikala Jacobsen, # 5 Consent of Nathaniel Beach, # 6 Consent of 1F88B2F, # 7 Consent of Paul Duvall, Jr., # 8 Consent of Rebecca Frein, # 9 Consent of Rebekah Simon, # 10 Consent of Richard Sunkle, # 11 Consent of Ryan Gunderson, # 12 Consent of Ryan 63CD3FC, # 13 Consent of Samuel Hendrickson, # 14 Consent of Sandra Bottcher, # 15 Consent of Shane Klecka, # 16 Consent of Shanelle Kassa, # 17 Consent of Sheila Barsamian, # 18 Consent of Shilo Kerr, # 19 Consent of Staci Edwards, # 20 Consent of Stacy 63CD3FC, # 21 Consent of Tarrah Bower, # 22 Consent of Therese Reinholdt, # 23 Consent of Tommy Glander, # 24 Consent of Tyler Kuehl, # 25 Consent of Valentino Taffs, # 26 Consent of Zac Mason)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of Ian Overmyer, # 2 Consent of Irvin Bagley, # 3 Consent of Jacob Popowski, # 4 Consent of Jade Spangler, # 5 Consent of Janell Davis, # 6 Consent of Jennifer Bohnenkamp, # 7 Consent of Jeremiah Cronk, # 8 Consent of Jeremy Nelson, # 9 Consent of Jessica Kloss, # 10 Consent of Joe Schierenbeck, # 11 Consent of Jordan Andrews, # 12 Consent of Joshua Malmfeldt, # 13 Consent of Joyce Ellis, # 14 Consent of Kayla Zielinski, # 15 Consent of Kenneth Ellenberger, # 16 Consent of Kevin Chencinski, # 17 Consent of Kevin Rohde, # 18 Consent of Kimn Pederson, # 19 Consent of Kyle Kane, # 20 Consent of Lacy Brenneman, # 21 Consent of Laurie Marcon, # 22 Consent of Linda Nash, # 23 Consent of Lisa Vaughn, # 24 Consent of Logan 3CEE9A1, # 25 Consent of Lucas Bergerson, # 26 Consent of Makyoet Benitez Melo, # 27 Consent of Mark Bieler, # 28 Consent of Matt Jaegle, # 29 Consent of Matthew Cherry, # 30 Consent of Matthew Vannuys, # 31 Consent of Megan Fleming)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of Alexander Potz, # 2 Consent of Alexis Manwarren, # 3 Consent of Amanda Wilson, # 4 Consent of Amelia Russell, # 5 Consent of Ana Petarius, # 6 Consent of Ann Phillips, # 7 Consent of Anthony Chehi, # 8 Consent of Anthony Kamp, # 9 Consent of Ashlea West, # 10 Consent of Ashley Phlegar, # 11 Consent of Austin Rodriguez, # 12 Consent of Benjamin Wislinsky, # 13 Consent of Brandon FD4ED2F, # 14 Consent of Brent Kriby, # 15 Consent of Brianna Laubenheimer, # 16 Consent of Brodrick Swain, # 17 Consent of Bruce Stockman, # 18 Consent of Cameron Mueller, # 19 Consent of Carpio Flores, # 20 Consent of Chris Canfield, # 21 Consent of Christopher Brott, # 22 Consent of Claro Jurado, # 23 Consent of Clifford Hitz, # 24 Consent of Corey Nye, # 25 Consent of Danielle Harmon, # 26 Consent of Deborah Haskill, # 27 Consent of Devin Ruscin, # 28 Consent of Diann Hitt, # 29 Consent of Dylan Grimm, # 30 Consent of Elias Ball, # 31 Consent of Eric Kroeplin, # 32 Consent of Eric Maley, # 33 Consent of Evan Lampshire, # 34 Consent of Heather Vore, # 35 Consent of Michael Goehring, # 36 Consent of Michael O'Neill)(Nilges, Hans)
Reply in support of 76 Motion to dismiss or in the alternative, Motion to stay and compel arbitration filed by Menard, Inc.. (Bittner, Paul) Modified text on 7/10/2018 (S,Ke).
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 3882EDE, # 2 Consent of 0DE3CFE)(Draher, Shannon)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 17AA62E, # 2 Consent of D6AF48C, # 3 Consent of 82A6D0D, # 4 Consent of 96EC618, # 5 Consent of FE47D98, # 6 Consent of 54FFFDA88, # 7 Consent of 996CD21, # 8 Consent of 189CA3C)(Nilges, Hans)
Opposition to 76 Motion to dismiss or in the alternative, Motion to stay and compel arbitration filed by DCD9C96. (Attachments: # 1 Exhibit A- Seth Goldstein Declaration, # 2 Exhibit B- Articles RE Settlement with NLRB, # 3 Exhibit C- Bob Kondras Declaration, # 4 Exhibit D- Laurissa 938214E Declaration)(Nilges, Hans) Modified text on 7/10/2018 (S,Ke).
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 759A090)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 0569D08, # 2 Consent of 6DD7543)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 74DB8D4, # 2 Consent of B78B56F, # 3 Consent of A28F545, # 4 Consent of C9BDABE, # 5 Consent of C577611, # 6 Consent of 921A386, # 7 Consent of 0B3F9FB, # 8 Consent of 80BE11F, # 9 Consent of 3E75F68, # 10 Consent of Sunrise Garreau, # 11 Consent of C132F77, # 12 Consent of 5E21370, # 13 Consent of D4F109B, # 14 Consent of B9C77E4)(Nilges, Hans)
Order Upon consideration of the parties' jointly proposed schedule for the case going forward (ECF No. 75 ), the Court hereby adopts the following schedule. Defendant's initial brief on the Motion to Compel Arbitration pursuant to Sections 3 and 4 of the Federal Arbitration Act, 9 U.S.C. § 1 et seq., is due on or before 6/11/2018. Plaintiff's brief in opposition is due on or before 6/25/2018. Defendant's reply brief is due on or before 7/9/2018. The length of briefs are limited as so stated in Local Rule 7.1(f). As set forth in the Court's 12/21/2017 Order (ECF No. 70 ), all other matters on the case docket shall continue to be held in abeyance until the conclusion of the stay. Judge Benita Y. Pearson on 6/14/2018. (JLG)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of D2507F6, # 2 Consent of 3D16F3F, # 3 Consent of 54FFFDA43, # 4 Consent of 6CEAAFB)(Nilges, Hans)
Motion to dismiss or in the alternative, Motion to stay and compel arbitration filed by Defendant Menard, Inc. (Attachments: # 1 Brief in Support, # 2 Affidavit of Timothy Thomas, # 3 Affidavit of Paul Bittner)(Bittner, Paul). Modified text on 7/10/2018 (S,Ke).
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of Amelia Russ, # 2 Consent of Cameron Mueller, # 3 Consent of Crystal Stapleton, # 4 Consent of Matt Jaegle, # 5 Consent of LaBar Morgan, # 6 Consent of Penny Porter, # 7 Consent of Rayce F771C11, # 8 Consent of Amanda Wilson, # 9 Consent of Catherine 010B7E1 or 1166110 or 3E8D919 or 16BAD33 or 779582F, # 10 Consent of Gloria Aldrich, # 11 Consent of Henry Burger, # 12 Consent of Peter Mauti, # 13 Consent of Robert Royds, # 14 Consent of Simone Ashford, # 15 Consent of Thomas Osborn)(Nilges, Hans)
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Conference held on 5/21/2018. Present were Attorneys Hans A. Nilges and Shannon M. Draher as counsel for Plaintiff; and Attorneys James E. Davidson and Paul L. Bittner as counsel for Defendant. The parties discussed the status of the case. On or before 6/4/2018, the parties shall jointly file a Notice informing the Court of how the parties intend to proceed in light of the recent Supreme Court decision in Epic Systems Corp. v. Lewis, Case No. 16-285. (Court Reporter: None); Time: 15 Minutes. (JLG)
Order granting the parties' 71 Joint Motion for Conference/Hearing. A Telephonic Status Conference is set for 5/21/2018 at 12:00 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiffs shall set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Judge Benita Y. Pearson on 4/23/2018. (JLG)
Order For the reasons set forth herein, Defendant's Motion to Stay (ECF No. 40 ) is granted. All remaining motions, including Plaintiff's Motion for Conditional Class Certification and Court-Authorized Notice (ECF No. 46 ), Motion for Partial Judgment on the Pleadings (ECF No. 51 ), and Motion for Leave to File a Second Amended Complaint (ECF No. 58 ), will be held in abeyance pending the Supreme Court's decision in Epic Systems. Those matters not addressed herein are not resolved by this ruling. This case shall be administratively closed until the conclusion of the stay. Judge Benita Y. Pearson on 12/21/2017. (JLG)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 2304300, # 2 Consent of 9F07057)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 885BDFF)(Nilges, Hans)
Order granting for good cause shown, plaintiff's Motion for Leave to File a Sur-Reply to Defendants Reply in Support of Motion to Stay. Its length shall be no longer than ten pages (Related Doc # 55 ). Judge Benita Y. Pearson on 11/20/2017(C,KA)
Opposition to 51 Motion for partial judgment on the pleadings filed by Menard, Inc.. (Attachments: # 1 Exhibit A - Affidavit of Timothy Thomas, # 2 Exhibit B - Interpretative Bulletin)(Bittner, Paul)
Opposition to 58 Motion for leave to File a Second Amended Complaint filed by Menard, Inc.. (Attachments: # 1 Exhibit September 30, 2017 E-mail Chain, # 2 Exhibit October 30, 2017 E-mail from Nilges to Davidson and Bittner, # 3 Exhibit November 1, 2017 E-mail from Nilges to Davidson and Bittner, # 4 Exhibit November 1 and 2, 2017 E-mail Chain)(Bittner, Paul)
Reply in support of 55 Motion to Disregard Portions of Defendant's Reply in Support of Its Motion to Stay, Or, in the Alternative, For Leave to File a Sur-Reply to Defendant's Reply in Support of Motion to Stay filed by DCD9C96. (Attachments: # 1 Exhibit A- Transcript of Phone Conference Before the Honorable Jack Zouhary United States District Court Judge)(Nilges, Hans)
Motion for leave to File a Second Amended Complaint filed by Plaintiff DCD9C96. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Nilges, Hans)
Opposition to 55 Motion to Disregard Portions of Defendant's Reply in Support of Its Motion to Stay, Or, in the Alternative, For Leave to File a Sur-Reply to Defendant's Reply in Support of Motion to Stay filed by Menard, Inc.. (Attachments: # 1 Exhibit A - Neal Litigation, October 24, 2017 Minutes of Proceedings, # 2 Exhibit B - Neal Litigation, Doc. 12)(Bittner, Paul)
Opposition to 46 Motion for Conditional Certification and Court-Authorized Notice filed by Menard, Inc. (Attachments: # 1 Affidavit of Timothy Thomas)(Bittner, Paul)
Motion to Disregard Portions of Defendant's Reply in Support of Its Motion to Stay, Or, in the Alternative, For Leave to File a Sur-Reply to Defendant's Reply in Support of Motion to Stay filed by Plaintiff DCD9C96. Related document(s) 53 . (Attachments: # 1 Exhibit A - Sur-Reply to Defendant's Reply in Support of Motion to Stay)(Nilges, Hans)
Reply in support of 40 Motion to stay Temporarily, Pending The Decision by the United States Supreme Court in Epic Systems Corp. v. Lewis, Case No. 16-285, or, In the Alternative, To Compel Arbitration filed by Menard, Inc.. (Attachments: # 1 Exhibit 1 - Affidavit of Paul Bittner)(Bittner, Paul)
Order [non-document] granting Defendant's 49 Unopposed Motion for Extension of Time until 10/27/2017 to File Response/Reply to 46 Motion for Conditional Certification and Court-Authorized Notice. Judge Benita Y. Pearson on 10/18/2017. (JLG)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of E57A137, # 2 Consent of 88D4748, # 3 Consent of 774DFC4, # 4 Consent of 4CF218E)(Nilges, Hans)
Brief in Opposition to Defendant's Motion to Stay filed by DCD9C96. Related document(s) 40 . (Attachments: # 1 Exhibit A - Seth Goldstein Declaration and Exhibits, # 2 Exhibit B - Articles Regarding Settlement with NLRB, # 3 Exhibit C - Robert Kondras Declaration and Exhibits, # 4 Exhibit D - 938214E Declaration and Exhibits, # 5 Exhibit E - Allen R. Vaught Declaration and Exhibits) (Nilges, Hans)
Unopposed Motion for extension of time until 10/27/2017 to file response/reply to 46 Motion for Conditional Certification and Court-Authorized Notice filed by Defendant Menard, Inc.. Related document(s) 46 . (Attachments: # 1 Proposed Order )(Bittner, Paul)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 938214E)(Nilges, Hans)
Brief in Support of 46 Motion for Conditional Certification and Court-Authorized Notice filed by DCD9C96. (Attachments: # 1 Exhibit A - DCD9C96 Punch Records, # 2 Exhibit B - Declarations, # 3 Exhibit C - Lillehagen v. Alorica Order Granting Plaintiffs' Motion for Conditional Class Certification) (Nilges, Hans) Modified to add link on 10/10/2017 (H,SN).
Order granting in part plaintiff's Motion to exceed page limitations (Related Doc # 43 ). Plaintiff may exceed Local Rule 7.1(f) pagination, but only by five (5) pages. Plaintiff's Motion for Extension of Time (Related Doc # 44 ), until October 13, 2017, to file a response is granted. Judge Benita Y. Pearson 10/6/2017(C,KA)
Unopposed Motion for extension of time until October 13, 2017 to File Response in Opposition to Defendant's Motion to Temporarily Stay filed by Plaintiff DCD9C96. (Nilges, Hans)
Notice of Partial Withdrawal of Defendant Menard, Inc.s Motion to Temporarily Stay Case Proceedings Pending the Decision by the United States Supreme Court in Epic Systems Corp. v. Lewis, Case No. 16-285, Or, In the Alternative, To Compel Arbitration of Motion to Compel Arbitration filed by All Defendants. Related document(s) 40 .(Bittner, Paul)
Order [non-document] granting Plaintiff's 41 Unopposed Motion for Extension of Time until 11/2/2017 to File an Amended Complaint. Judge Benita Y. Pearson on 10/2/2017.(JLG)
Motion to stay Temporarily, Pending The Decision by the United States Supreme Court in Epic Systems Corp. v. Lewis, Case No. 16-285, or, In the Alternative, To Compel Arbitration filed by Defendant Menard, Inc.. (Attachments: # 1 Affdiavit of Timothy Thomas in Support of Motion for Stay)(Bittner, Paul) Modified duplicate text on 9/25/2017 (H,SN).
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of D6113F0)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of EEB8C62, # 2 Consent of EF1E9B5, # 3 Consent of 45A381B, # 4 Consent of 588902A, # 5 Consent of DBFD01C, # 6 Consent of 5655CBA, # 7 Consent of C325328, # 8 Consent of 508977F, # 9 Consent of CD7E9CD, # 10 Consent of D0A82B8, # 11 Consent of 3CEE9A1, # 12 Consent of F605105, # 13 Consent of 074C4AC, # 14 Consent of 10C8898, # 15 Consent of E629421, # 16 Consent of 4CABF94)(Nilges, Hans)
Case Management Conference Plan/Order. Case is assigned to the complex track and is not suitable for Alternative Dispute Resolution (ADR). The parties do not consent to the jurisdiction of the United States Magistrate Judge. No later than 9/20/2017, counsel shall consult with their clients, client representatives, and with one another, and jointly file a Notice informing the Court of their agreed briefing schedule for their motion for conditional certification, including what, if any, discovery Defendant requires to respond to such a motion, and whether the parties agree to reach a resolution regarding stay of Supreme Court case National Labor Relations Board v. FE47D98 Oil USA, Inc., et al. Full discovery will be delayed until after the Courts ruling on conditional certification. The parties have reached an agreement regarding the handling of disclosed privileged material. The cutoff for fact discovery shall be determined following the Court's ruling on conditional certification. The parties shall timely provide the information requested during discovery and comply with their disclosure obligations. Expert reports cutoffs shall also be determined following the Court's ruling on conditional certification. The cutoff to amend pleadings and add parties is 10/3/2017. The cutoff for filing dispositive motions, responses, and replies shall be determined after a Status Conference following the Court's ruling on conditional certification. A Telephonic Status Conference will be held following the Court's ruling on conditional certification. The conference will be conducted via telephone unless circumstances require otherwise. Lead counsel must be present unless excused by the Court upon written motion. Parties' attendance is welcome, but not mandatory. Counsel for Plaintiff is to set up the conference call and contact chambers directly at 330-884-7435 with all participants on the line. Counsel should notify the Court in advance of a Status Conference if the matter has settled. Judge Benita Y. Pearson on 9/14/2017.(C,KA)
Marginal Order approving 34 -1 Stipulation Regarding Inadvertent Disclosure of Attorney-Client Privilege, Work Product Protection or Other Applicable Privilege. Judge Benita Y. Pearson on 9/14/2017. (JLG)
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 9/13/2017. Present were Attorney Hans A. Nilges as counsel for Plaintiff and Attorney James E. Davidson as counsel for Defendant Menard, Inc. Also present were Plaintiff DCD9C96; and James Anderson as representative for Defendant Menard, Inc. The Court and the parties discussed the underlying facts of the case, the parties' request to file a motion for conditional certification, and whether to stay proceedings in this case pending the Supreme Court ruling in National Labor Relations Board v. FE47D98 Oil USA, Inc., et al. No later than 9/20/2017, counsel shall consult with their clients, client representatives, and with one another, and jointly file a Notice informing the Court of their agreed briefing schedule for their motion for conditional certification, and whether the parties agree to reach a resolution regarding stay of Supreme Court case National Labor Relations Board v. FE47D98 Oil USA, Inc., et al. The Court urges the parties to consider settlement and/or actions that may improve economies of scale, given that 3 cases are pending against the same Defendant. The Court adopts the parties' proposed case management schedule (ECF No. 34 ) with modifications, as discussed. Separate case management scheduling order will issue. (Court Reporter: None); Time: 1 Hour 12 Minutes. (JLG)
Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by DCD9C96. (Attachments: # 1 Exhibit Stipulation Regarding Inadvertent Disclosure)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of C2608E7, # 2 Consent of 87FD0D0, # 3 Consent of 9D3DD3F, # 4 Consent of E8454F1, # 5 Consent of A5DB520, # 6 Consent of F771C11, # 7 Consent of Corette 98270E9, # 8 Consent of 6066702, # 9 Consent of 1166110, # 10 Consent of 779582F, # 11 Consent of 27FBD94, # 12 Consent of 54FFFDA, # 13 Consent of 3A7B9E2, # 14 Consent of Khaldun Abubakari, # 15 Consent of 05E7940, # 16 Consent of 2DE5F89, # 17 Consent of Leonard 8C9DA0B, # 18 Consent of D9677DC, # 19 Consent of 9048828, # 20 Consent of 3E8D919, # 21 Consent of 6BC0BE9, # 22 Consent of 037B989, # 23 Consent of 0CA482F, # 24 Consent of C82653B, # 25 Consent of FD4ED2F, # 26 Consent of 63CD3FC, # 27 Consent of 864306A, # 28 Consent of FE8EE87, # 29 Consent of 463F186, # 30 Consent of Vivianne Augustus)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit Consent of 15A863B)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit Ronald 1CF7CF6 720F81C, # 2 Exhibit 9F2EA15, # 3 Exhibit 26CB2D6)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit Consent of C325328, # 2 Exhibit Consent of CD7E9CD, # 3 Exhibit Consent of F605105, # 4 Exhibit Consent of 16BAD33)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit Consent of C270D9F, # 2 Exhibit Consent of 402B3BA, # 3 Exhibit Consent of A594DD7, # 4 Exhibit Consent of C11160C, # 5 Exhibit Consent of EAEA169, # 6 Exhibit Consent of 85F4948, # 7 Exhibit Consent of 88850D4, # 8 Exhibit Consent of A988C75, # 9 Exhibit Consent of 010B7E1)(Nilges, Hans)
Order [non-document] granting Defendant's 22 Motion to withdraw as attorney. Attorney Nabil G. Foster and Attorney Linda K. Horras are withdrawn as counsel for Defendant Menards, Inc. Judge Benita Y. Pearson on 8/16/2017. (E,CK)
Order Pending before the Court is Defendant Menard, Inc.'s Motion to Dismiss Plaintiffs' Complaint for failure to state a claim. ECF No. 5 . Plaintiffs have since filed an Amended Complaint. ECF No. 10 . Therefore, Defendant's Motion to Dismiss is denied as moot. Judge Benita Y. Pearson on 8/16/2017. (JLG)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit 6424385, # 2 Exhibit 10CBD00)(Nilges, Hans)
Motion for Leave for Withdrawl of Counsel by Linda K. Horras and Nabil G. Foster to withdraw as attorney filed by Defendant Menard, Inc. (Attachments: # 1 Proposed Order)(Horras, Linda) Modified text on 8/15/2017 (H,SN).
FILING ERROR. DOCUMENT FOR ANOTHER CASE. Attorney Appearance by James E. Davidson filed by on behalf of Menard, Inc.. (Davidson, James) Modified on 8/11/2017 for filing error (H,SP).
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit Consent of 33C0BC8)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit Consent of FA77C52)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit Consent of 02D2522)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit Consent of 7C603A4)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by DCD9C96. (Attachments: # 1 Exhibit Consent of 7943A65)(Nilges, Hans)
Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. §216(b) filed by DCD9C96. (Attachments: # 1 Consent of 1CF7CF6)(Draher, Shannon)
Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 9/13/2017 at 10:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. Judge Benita Y. Pearson on 8/2/2017. (Attachments: # 1 Attachment No. 1, # 2 Attachment No. 2, # 3 Attachment No. 3, # 4 Attachment No. 4, # 5 Attachment No. 5) (JLG)
Order granting Defendant's Motion for appearance pro hac vice by attorney Linda K. Horras for Menard, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 6 ). Judge Benita Y. Pearson on 7/18/2017. (E,CK)
Motion for attorney Linda K. Horras to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8239113, filed by Defendant Menard, Inc. (Attachments: # 1 Affidavit & Certificate of Good Standing)(Foster, Nabil) Modified exhibit text on 7/14/2017 (G,CA).
Motion to dismiss for failure to state a claim pursuant to FRCP 12b6 filed by Defendant Menard, Inc.. (Attachments: # 1 Affidavit Certification of Compliance with Judge Pearson's Scheduling Order, # 2 Brief in Support Memorandum in Support of Defendant's Motion to Dismiss Plaintiff's Complaint, # 3 Exhibit A DOL Field Op Handbook provision, # 4 Exhibit B DOL Opinion Letter, # 5 Exhibit C DOL Fact Sheet, # 6 Exhibit D Menard Break Policy, # 7 Exhibit E Correspondence w Senator, # 8 Exhibit F DOL Secretary of Labor correspondence, # 9 Exhibit G Wisconsin DWD ERC Case)(Foster, Nabil) Modified duplicate text on 7/17/2017 (H,SN).
Service by Clerk. Summons and Complaint addressed to Defendant Menard, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 7016 1970 0000 4078 7432. (H,SN)
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (S,Ke)
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