ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying 120 Motion to Seal; granting 122 Motion for Settlement; granting 126 Motion for Attorney Fees; denying 142 Motion to Seal; adopting Report and Recommendations re 147 Report and Recommendations.. Signed by Chief District Judge Rebecca Beach Smith and filed on 5/3/13. Copies distributed to all parties 5/3/13.(ldab, )
REPORT AND RECOMMENDATIONS re 122 Joint MOTION for Settlement Approval of Fair Labor Standards Act Collecitve Action filed by Anewbis Hargrove, 120 MOTION to Seal filed by Ryla Teleservices, Inc., 142 Second MOTION to Seal filed by Ryla Teleservices, Inc., 126 Consent MOTION for Attorney Fees and Litigation Expenses filed by Anewbis Hargrove Objections to R&R due within 14 days from the date of mailing of this report to the objecting party. Signed by Magistrate Judge Tommy E. Miller on 4/12/13. (afar) (Entered: 04/15/2013)
Declaration re 145 Order Supplemental Declaration of David E. Schlesinger in Support of Plaintiffs' Consent Motion for Attorney Fees and Litigation Expenses by Anewbis Hargrove. (Attachments: # 1 Exhibit Exhibit A-Hourly Rates of Plaintiffs' Counsel and Support Staff, # 2 Exhibit Exhibit B-Itemized Attorney Fees, # 3 Exhibit Exhibit C-Itemized Costs, # 4 Exhibit Exhibit D-Local Counsel Fees, # 5 Exhibit Exhibit E-Nichols Kaster PLLP Firm Resume)(Jewett, Joshua) (Entered: 03/27/2013)
ORDER directing plaintiff's counsel to file a supplemental declaration as outlined by 3/27/13. Signed by Magistrate Judge Tommy E. Miller on 3/13/13. (arou) (Entered: 03/14/2013)
Minute Entry for proceedings held before Magistrate Judge Tommy E. Miller:Motion Hearing held on 11/1/2012 re 122 Joint MOTION for Settlement Approval of Fair Labor Standards Act Collecitve Action filed by Anewbis Hargrove, 120 MOTION to Seal filed by Ryla Teleservices, Inc.. Present were Joshua Jewett and Matthew Morgan on behalf of the plaintiffs, James Briody on behalf of the defendant and Tim McGlone, as an interested party. Court takes up the motion to seal. Mr. Morgan argues the motion and Mr. Briody responds. Mr. McGlone states his position. The Court makes rulings on the record and a Report and Recommendation will be entered in this matter. Court adjourned. (Court Reporter Gloria Smith, OCR.)(cdod, ) (Entered: 11/05/2012)
REFERRAL ORDER re 120 MOTION to Seal, 122 Joint MOTION for Settlement Approval of Fair Labor Standards Act Collecitve Action, 126 Consent MOTION for Attorney Fees and Litigation Expenses; ORDERED that United States Magistrate Tommy E. Miller is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the motions. Signed by District Judge Rebecca Beach Smith and filed on 11/2/2012. (rsim, ) (Entered: 11/02/2012)
Memorandum Appendix in Support to 120 MOTION to Seal, 129 Response in Support of Motion filed by Ryla Teleservices, Inc.. (Briody, James) (Entered: 10/31/2012)
CERTIFICATE of Service re 136 Sealed Document, 137 Sealed Document, 128 Declaration, 135 Sealed Document, 126 Consent MOTION for Attorney Fees and Litigation Expenses, 127 Memorandum in Support by Joshua Lee Jewett on behalf of All Plaintiffs (Jewett, Joshua) (Entered: 10/30/2012)
Sealed Document - Sealed version of 128 Declaration of David E. Schlesinger re 127 Memorandum in Support filed by All Plaintiffs under seal. (rsim, ) (Main Document 137 replaced on 10/30/2012) (rsim, ). (Entered: 10/30/2012)
136
Filed: 10/30/2012, Entered: None
Sealed Document - Sealed version of 127 Memorandum in Support re 126 Consent MOTION for Attorney Fees and Litigation Expenses by all Plaintiffs filed under seal. (rsim, ) (Entered: 10/30/2012)
135
Filed: 10/30/2012, Entered: None
Sealed Document - sealed version of 126 Consent MOTION for Attorney Fees and Litigation Expenses by all Plaintiff's filed under seal. (rsim, ) (Entered: 10/30/2012)
134
Filed: 10/30/2012, Entered: None
***SEALED Document*** - Sealed version of 124 Declaration of David E. Schlesinger by All Plaintiffs filed under seal. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(rsim, ) (Entered: 10/30/2012)
CERTIFICATE of Service re 122 Joint MOTION for Settlement Approval of Fair Labor Standards Act Collecitve Action, 124 Declaration, 123 Memorandum in Support by Joshua Lee Jewett on behalf of All Parties (Jewett, Joshua) (Entered: 10/30/2012)
NOTICE by Anewbis Hargrove re 126 Consent MOTION for Attorney Fees and Litigation Expenses Text for Proposed Order (Attachments: # 1 Certificate of Service)(Jewett, Joshua) Modified on 10/30/2012 documents removed per request of counsel - to be refiled under seal (jcow, ). (Entered: 10/30/2012)
NOTICE by Anewbis Hargrove re 122 Joint MOTION for Settlement Approval of Fair Labor Standards Act Collecitve Action Text of Proposed Order (Jewett, Joshua) (Entered: 10/30/2012)
CERTIFICATE of Service re 129 Response in Support of Motion by James John Briody on behalf of Ryla Teleservices, Inc. (Briody, James) (Entered: 10/30/2012)
RESPONSE in Support re 120 MOTION to Seal and RESPONSE re 125 RESPONSE in Opposition filed by Ryla Teleservices, Inc.. (Briody, James) (Entered: 10/30/2012)
Memorandum in Support re 126 Consent MOTION for Attorney Fees and Litigation Expenses (PLACEHOLDER) filed by Anewbis Hargrove. (Jewett, Joshua) (Entered: 10/29/2012)
Declaration re 123 Memorandum in Support PLACEHOLDER (of David E. Schlesinger) by Anewbis Hargrove. (Attachments: # 1 Exhibit A (PLACEHOLDER), # 2 Exhibit B (PLACEHOLDER), # 3 Exhibit C (PLACEHOLDER), # 4 Certificate of Service)(Jewett, Joshua) (Entered: 10/26/2012)
Memorandum in Support re 122 Joint MOTION for Settlement Approval of Fair Labor Standards Act Collecitve Action filed by Anewbis Hargrove. (Jewett, Joshua) (Entered: 10/26/2012)
ORDER granting 118 Motion for Matthew Hale Morgan to appear Pro hac vice for all plaintiffs. Signed by District Judge Rebecca Beach Smith on 10/24/2012 and filed on 10/25/2012. (rsim, ) (Entered: 10/25/2012)
Motion to appear Pro Hac Vice by Matthew H. Morgan and Certification of Local Counsel Joshua Jewett Filing fee $ 75, receipt number 0422-3257140. by Anewbis Hargrove. (Attachments: # 1 Exhibit A)(Jewett, Joshua) (Entered: 10/23/2012)
REFERRAL ORDER re 116 Joint MOTION for Hearing on Joint Motion for Approval of FLSA Settlement; it is ORDERED that United States Magistrate Tommy E. Miller is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the matter. Signed by District Judge Rebecca Beach Smith and filed on 8/16/2012. (rsim, ) (Entered: 08/16/2012)
Joint MOTION for Hearing on Joint Motion for Approval of FLSA Settlement by Anewbis Hargrove, et al and Ryla Teleservices, Inc. (Jewett, Joshua) Modified on 8/14/2012 to correct filing parties(rsim, ). (Entered: 08/14/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Aliya Belton, Tanisha Burnell, James B. Crump, Jr., Stafany N. Eley, Miranda S. Fobbs, Tamara Fobbs, Gracie L. HInes, Margaret J. Hines, Candace D. Mack, Geniffer Melvin, Jacqueline Nathaniel, Robert E. Patterson, Jr., Lendora L. Washington, Thelma I. Whitehurst, Courtney Williams, Ahsaki Wilson, Tawanda R. Windley, Whitney K. Yancey (Jewett, Joshua) (Entered: 08/03/2012)
ORDER that Plaintiffs may file the eighteen late consents which were attached to the Motion. On or before August 7, 2012, the Parties shall finalize their settlement agreement. All the deadlines in the Court's Rule 16 Schedule Order are stayed pending approval of the parties' settlement. Signed by District Judge Rebecca Beach Smith on 8/2/2012 and filed on 8/3/2012. (rsim, ) (Entered: 08/03/2012)
Joint MOTION to Amend/Correct 24 Order Rule 16(b) Scheduling Order by All Plaintiff's and Ryla Teleservices, Inc. (Attachments: # 1 Exhibit Redacted Consents, # 2 Proposed Order)(Jewett, Joshua) Modified on 8/2/2012 to correct filing parties(rsim, ). (Entered: 08/01/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Brian S Arrington, Camilla Douglas, Sonja Evans, Kyle A Golden, Andrea E Hollingsworth, LaRence C Jefferson, Lamont Johnson, Marie Antionette McWhite, Akuada Simpson, Chernelle B Watson (Jewett, Joshua) (Entered: 05/04/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Keiana L Carter, Aixa M Salazar, Tiffany B Shirley, Shaquana S Stephens (Jewett, Joshua) (Entered: 05/03/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Tyisha M Baskerville, Angela M Powell (Jewett, Joshua) (Entered: 05/02/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Derwinique S Brown, Leslie N Bynum, Tamecca Clay, Enjoli Cooper, Kami Cooper, Amii C Dillard, Donta S Elliott, Rodney A Hughes, Kimberly D Jones, Tachae L Jordan, Sabrina R Leary, Waverly F Phelps, Derneshea L Sherrod, Wendy M Smith, Eugenia W Smith-Jones, Don F Wells (Jewett, Joshua) (Entered: 05/01/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Lashonda Branch, Cheryl Buchanan, Jontae L. Carroll, Kimberly S. Palmer, Patricia S. Peed, Aviance Sample, Alicia C. Young (Jewett, Joshua) (Entered: 04/27/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Chavon L. McMillan, Adrienne N. Pearl, Wanda R. Smith (Jewett, Joshua) (Entered: 04/26/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Tonieh T. Brisbane, Cynthia M. Carter, Stephanie M. Croteau, Derricka A. Flowers, Mildred T. Harper, Kia A. Harrison, Ebony N. Lawton, Erica M. Towe (Jewett, Joshua) (Entered: 04/24/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Byron Aaron, Chris W. Bonneville, Angel Dixon, Desiree A. Joyner, Terry Joyner, Otelia M. McFarland, LaShawnya D. Moore, Wanda Privott, Courtney S. Rogers, Tiffany S. Scott, Tibritt L. Smith, Adella E. Stanford, Kwanza Tompkins, Kyona M. Williams (Jewett, Joshua) Modified on 4/23/2012 to Byron Aaron as a filer (rsim). (Entered: 04/23/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Marquis L. Bennett, Tempestt M. Bland, Kendra A. Canty, Robert L. Carpenter, Taja A. Eaton, N'Quana S. Key, Shirley Kingsbur, Tonya N. Langhorn, Passion Lassiter, Carolyn R. Moore, Wynita S. Thomas (Jewett, Joshua) (Entered: 04/20/2012)
NOTICE by Dedra Allen, Rickyrah Anderson, Mitzi Arient, Bridgette M Beard, Javonda Blount, Tamika Bodden-Reed, Meccah Boone, Marcia L Bowens, Brittney N Boyd, Carolyn L Brinson, Tamarah Broussard, Debrina J Brown, John Brown, Latricia Bryant-Glenn, Asia Burns, Marleesha R Campbell, Tonya T Campbell, Barbara Carey-Hill, Faye Chandler, Tammika D Chavis, LaTonya Childress, Denita Chisolm, Lauren Cooper, Kevin M Cowan, Yvonne Coy, Tamika Creekmore, Jasmine D Cuffee, Chanin E Cullen, Crystal S Curry, Beatrice N Curtis, Donna C Darnell, Tiara Davis, Debra Davis-Allen, Raven Dawkins, Sowana H Demiel, Nicole Dineen, Sherry D Doxey, Corey W Dozier, Kelly Dupree, Robin D Eley, Timika Everett, Renita Fields, Talia S Finley, Saphia Freeman, A-Keisha Gallman, Whitney S Graham, Carlos D Guerreo, Jr., Anita M Halsey-Phillips, Anewbis Hargrove, Lilkiesha Hargrove, Marqueta A Harris, Temacha Hawthorne, Diane Heisler, Brenda M Hiers, Sherri E Hockaday, Shante L Holland-Artis, Derrick Holley, Diann Holmes, Sandra Howard, Desiree Huff, DeMario Jackson, Latricia Jackson, Rodney Jean, Frank Jennings, Cabria Johnson, Tationna S Johnson, Jewell Jones, Letetia Jones, Zakerra Jones, Jacques Jordan, Talithia Kelly, Claryce King, Quanti M King, Don Lane, Terreya C Lindsey, Brittney Long, Samantha Lucas, Theresa Lynch, Whitney Martin, Sylvia Andrews Mattocks, Johnny McCoy, Valerie McLaughlin, Rafael Melendez, Andrea Meltzer, Malaika Miles, Courtney J Monroe, Donna C Moore, Katrenia K Moore, Sheena L Moorer, Dana Nesbitt-Gadson, Alex Noel, Roslyn Parker, Doris L Patterson-Brown, Cameron S Pearson, Jennifer Pierce, Phyllis Pierce, Sabrina Plater, Talasha S Pledger, Lamarr Price, Melissa A. Provo, Michelle Randall, Gloria J Reed, Charlene O Riddick, Sharita Riddick, Shanda S Robinson, Sonja Saunders, Crystal L Scarbough, Janell Schexnayder, Yashica L Short, Michelle Sittig, Cheryl Skinner, Kenneth L Skinner, Patricia R. Slade, Ulysses Smith, Jerrica L Stepney, Karen K Stewart, Venus R Swain, Lakesha Sykes, Isaiah L Thomas, LaJanese M Tillman, Michelle A Tolbert, Sharon M Turner, Francesca VanLieu, Tahsheen Walker, Shanteen V Ward, Alivana Wardini, Lachaia Waring, Kisha Warren, Shannon White, Marse D Widenman, Tasha L. Wiggins, Michael O Willard, Elizabeth Wilson, Fredericka M Winborne, Tameisha L. Wood, Rhonda Wright, Shaunna L Wynn, Latosha Young Notice of Certification of Judicial Notice Mailing Date (Attachments: # 1 Judicial Notice)(Jewett, Joshua) (Entered: 04/19/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Marleesha R Campbell, Sherry D Doxey, Crystal L Scarbough, Yashica L Short (Jewett, Joshua) (Entered: 04/18/2012)
ORDER that the opt-in period began to run upon the issuance of the original notice; ordering Plaintiffs' counsel to file with the court the original noticewith a certification of date on which it was mailed. Signed by District Judge Rebecca Beach Smith and filed on 4/18/2012. (rsim) (Entered: 04/18/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Beatrice N Curtis, Anita M Halsey-Phillips, Johnny McCoy, Melissa A. Provo, Tasha L. Wiggins, Shaunna L Wynn (Jewett, Joshua) (Entered: 04/16/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Jasmine D Cuffee, Rafael Melendez (Jewett, Joshua) (Entered: 04/10/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Faye Chandler, Nicole Dineen, Sandra Howard, Lachaia Waring (Jewett, Joshua) (Entered: 04/09/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Tonya T Campbell, Chanin E Cullen, Robin D Eley, Andrea Meltzer (Jewett, Joshua) (Entered: 04/04/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Asia Burns, Tameisha L Wood and Dedra Allen (Jewett, Joshua) Modified on 4/4/2012 (jcow, ). (Entered: 04/03/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Tamika Creekmore, Shante L Holland-Artis, Sharon M Turner, Marse D Widenman, Fredericka M Winborne (Jewett, Joshua) (Entered: 04/02/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Carolyn L Brinson, Kevin M Cowan, Talasha S Pledger, Shanteen V Ward (Jewett, Joshua) (Entered: 03/30/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Talia S Finley, Doris L Patterson-Brown (Jewett, Joshua) (Entered: 03/28/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Meccah Boone, Tationna S Johnson, Michelle Sittig, Kenneth L Skinner, LaJanese M Tillman (Jewett, Joshua) (Entered: 03/27/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Marcia L Bowens, Debrina J Brown, Alex Noel, Roslyn Parker, Sabrina Plater, Patricia R. Slade, Ulysses Smith, Jerrica L Stepney (Jewett, Joshua) (Entered: 03/26/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Brittney N Boyd, Corey W Dozier, Whitney S Graham, Sonja Saunders (Jewett, Joshua) (Entered: 03/23/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Javonda Blount, Donna C Darnell, Carlos D Guerreo, Jr., Marqueta A Harris, Diann Holmes, Frank Jennings, Quanti M King, Terreya C Lindsey, Gloria J Reed, Alivana Wardini (Jewett, Joshua) (Entered: 03/20/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Bridgette M Beard, Tamika Bodden-Reed, Tammika D Chavis, Sowana H Demiel, Brenda M Hiers, Sherri E Hockaday, Theresa Lynch, Valerie McLaughlin, Courtney J Monroe, Sheena L Moorer, Venus R Swain, Isaiah L Thomas, Michelle A Tolbert (Jewett, Joshua) (Entered: 03/19/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of LaTonya Childress, Crystal S Curry, Temacha Hawthorne, Zakerra Jones, Donna C Moore, Katrenia K Moore, Charlene O Riddick, Sharita Riddick, Shanda S Robinson, Karen K Stewart, Michael O Willard (Jewett, Joshua) (Entered: 03/16/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Latricia Bryant-Glenn, Cabria Johnson, Claryce King, Don Lane, Samantha Lucas, Kisha Warren (Jewett, Joshua) (Entered: 03/14/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Lauren Cooper, Tiara Davis, Debra Davis-Allen, Lilkiesha Hargrove, Letetia Jones, Talithia Kelly, Sylvia Andrews Mattocks, Cameron S Pearson, Michelle Randall (Jewett, Joshua) (Entered: 03/13/2012)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Saphia Freeman, Cheryl Skinner (Jewett, Joshua) (Entered: 03/12/2012)
AGREED ORDER re 76 Order on Motion for Joint Motion For Amendment of Rule 16(b) Scheduling Order.(See Order for specifics.) Signed by District Judge Rebecca Beach Smith and filed on 3/9/2012. (rsim) (Entered: 03/09/2012)
TRANSCRIPT of proceedings for dates of 11/28/11, before Judge Tommy Miller, USMJ. NOTICE RE REDACTION OF TRANCRIPTS: The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber, Rebecca L. Braley, RMR (Tayloe & Associates) before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/2012. Redacted Transcript Deadline set for 5/7/2012. Release of Transcript Restriction set for 6/4/2012. (arou, ) (Entered: 03/06/2012)
AGREED ORDER re 75 Joint Motion For Amendment of Rule 16(b) Scheduling Order. (See Order for specifics.) Signed by District Judge Rebecca Beach Smith and filed on 2/21/2012. (rsim) (Entered: 02/22/2012)
Objection to 71 REPORT AND RECOMMENDATIONS re 27 MOTION to Certify Class filed by Phyllis Pierce, Tahsheen Walker, Janell Schexnayder, Lakesha Sykes, Barbara Carey-Hill, Jewell Jones, Anewbis Hargrove, Dana Nesbitt-Gadson, Tamarah Broussard, Brittney Long, Malaika MiREPORT AND RECOMMENDATIONS re 27 MOTION to Certify Class filed by Phyllis Pierce, Tahsheen Walker, Janell Schexnayder, Lakesha Sykes, Barbara Carey-Hill, Jewell Jones, Anewbis Hargrove, Dana Nesbitt-Gadson, Tamarah Broussard, Brittney Long, Malaika Mi filed by Ryla Teleservices, Inc.. (Briody, James) (Entered: 01/20/2012)
REPORT AND RECOMMENDATIONS - re 36 Defendants Motion to Strike; 27 MOTION for Conditional Class Certification and 59 MOTION for Leave to File Supplemental Authority and Memorandum in Support of Motion for Conditional Class Certification and Judicial Notice. Signed by Magistrate Judge Tommy E. Miller and filed on 1/3/2012. (rsim) Modified on 1/12/2012 to correct language(rsim). (Entered: 01/03/2012)
ORDER denying 66 Motion for Leave to File. The plaintiff failed to convince the court that the proposed additional authority is of such importance to require reopening of the briefing.. Signed by Magistrate Judge Tommy E. Miller on 1/3/2012. (Miller, Tommy) (Entered: 01/03/2012)
REPLY to Response to Motion re 66 MOTION for Leave to File Additional Supplemental Authority and Memorandum in Support of Motion for Conditional Class Certification and Judicial Notice filed by Rickyrah Anderson, Mitzi Arient, Tamarah Broussard, John Brown, Barbara Carey-Hill, Yvonne Coy, Kelly Dupree, Timika Everett, Renita Fields, A-Keisha Gallman, Anewbis Hargrove, Diane Heisler, Desiree Huff, DeMario Jackson, Rodney Jean, Jewell Jones, Jacques Jordan, Brittney Long, Whitney Martin, Malaika Miles, Dana Nesbitt-Gadson, Jennifer Pierce, Phyllis Pierce, Lamarr Price, Janell Schexnayder, Lakesha Sykes, Francesca VanLieu, Tahsheen Walker, Elizabeth Wilson, Rhonda Wright, Latosha Young. (Jewett, Joshua) (Entered: 12/30/2011)
REPLY to Response to Motion re 59 MOTION for Leave to File Supplemental Authority and Memorandum in Support of Motion for Conditional Class Certification and Judicial Notice filed by Rickyrah Anderson, Mitzi Arient, Tamarah Broussard, John Brown, Barbara Carey-Hill, Yvonne Coy, Kelly Dupree, Timika Everett, Renita Fields, A-Keisha Gallman, Anewbis Hargrove, Diane Heisler, Desiree Huff, DeMario Jackson, Rodney Jean, Jewell Jones, Jacques Jordan, Brittney Long, Whitney Martin, Malaika Miles, Dana Nesbitt-Gadson, Jennifer Pierce, Phyllis Pierce, Lamarr Price, Janell Schexnayder, Lakesha Sykes, Francesca VanLieu, Tahsheen Walker, Elizabeth Wilson, Rhonda Wright, Latosha Young. (Jewett, Joshua) (Entered: 12/27/2011)
RESPONSE in Opposition re 66 MOTION for Leave to File Additional Supplemental Authority and Memorandum in Support of Motion for Conditional Class Certification and Judicial Notice filed by Ryla Teleservices, Inc.. (Briody, James) (Entered: 12/23/2011)
Letter from David E. Schlesinger, dated 12/1/2011; filed as directed per 12/20/2011 62 Order. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(rsim) (Entered: 12/21/2011)
ORDER granting 54 Motion for Leave to File and all letters filed with respect to this motion will be considered. The Court DIRECTS the Clerk to file both Defendants letter and Plaintiffs letter. Signed by Magistrate Judge Tommy E. Miller and filed on 12/20/2011. (rsim) (Entered: 12/21/2011)
RESPONSE in Opposition re 59 MOTION for Leave to File Supplemental Authority and Memorandum in Support of Motion for Conditional Class Certification and Judicial Notice filed by Ryla Teleservices, Inc.. (Attachments: # 1 Exhibit)(Briody, James) (Entered: 12/19/2011)
REPLY to Response to Motion re 54 MOTION for Leave to File a Letter to Correct the Record Before Magistrate Judge Tommy E. Miller on Plaintiff's Motion for Conditional Class Certification and Judicial Notice filed by Ryla Teleservices, Inc.. (Briody, James) (Entered: 12/05/2011)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of John Brown, DeMario Jackson (Jewett, Joshua) (Entered: 12/02/2011)
Memorandum in Opposition re 54 MOTION for Leave to File a Letter to Correct the Record Before Magistrate Judge Tommy E. Miller on Plaintiff's Motion for Conditional Class Certification and Judicial Notice filed by Rickyrah Anderson, Mitzi Arient, Tamarah Broussard, Barbara Carey-Hill, Yvonne Coy, Kelly Dupree, Timika Everett, Renita Fields, A-Keisha Gallman, Anewbis Hargrove, Diane Heisler, Desiree Huff, Jewell Jones, Jacques Jordan, Brittney Long, Whitney Martin, Malaika Miles, Dana Nesbitt-Gadson, Phyllis Pierce, Lamarr Price, Janell Schexnayder, Lakesha Sykes, Francesca VanLieu, Tahsheen Walker, Elizabeth Wilson, Rhonda Wright, Latosha Young. (Attachments: # 1 Exhibit A)(Jewett, Joshua) (Entered: 12/01/2011)
Memorandum in Support re 54 MOTION for Leave to File a Letter to Correct the Record Before Magistrate Judge Tommy E. Miller on Plaintiff's Motion for Conditional Class Certification and Judicial Notice filed by Ryla Teleservices, Inc.. (Briody, James) (Entered: 11/30/2011)
MOTION for Leave to File a Letter to Correct the Record Before Magistrate Judge Tommy E. Miller on Plaintiff's Motion for Conditional Class Certification and Judicial Notice by Ryla Teleservices, Inc.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Briody, James) (Entered: 11/30/2011)
Minute Entry for Motion Hearing held 11/28/11 before Magistrate Judge Tommy E. Miller re 27 MOTION to Certify Class, 36 MOTION to Strike. James H. Kaster, David E. Schlesinger and Joshua L. Jewett, present on behalf of Plaintiffs. Thomas R. Bundy, III, and James J. Briody present on behalf of Defendant. Arguments of counsel heard. Court to prepare Report & Recommendation. Court adjourned. (Court Reporter Rebecca L. Braley.) (lwoo) (Entered: 11/28/2011)
REPLY to Response to Motion re 36 MOTION to Strike 27 MOTION to Certify Class Exhibit 3 filed by Ryla Teleservices, Inc.. (Attachments: # 1 Exhibit)(Briody, James) (Entered: 11/10/2011)
ORDER granting 47 Motion for Extension of Time; ; extending the time for plaintiffs to respond to defendant's Motion To Strike Portions of the Declaration of Anewbis Hargrove until 11/4/11. The Document attached as Exhibit 1 to Plaintiffs' Motion for Leave to Extend its Time to Respond to Defendant's Motion To Strike Portions of the Declaration of Anewbis Hargrove is deemed to have been timely filed on 11/4/11. Signed by Magistrate Judge Tommy E. Miller and filed on 11/8/11. (mwin, ) (Entered: 11/09/2011)
ORDER re 27 MOTION to Certify Class, designating U.S. Magistrate Judge Tommy E. Miller to conduct necessary hearings and to submit to the undersigned district judge recommendations for the disposition of the motion. Signed by District Judge Rebecca Beach Smith and filed on 10/28/11. (mwin, ) (Entered: 10/31/2011)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Kelly Dupree, Rhonda Wright (Jewett, Joshua) (Entered: 10/28/2011)
REPLY to Response to Motion re 27 MOTION to Certify Class filed by Rickyrah Anderson, Mitzi Arient, Tamarah Broussard, Barbara Carey-Hill, Yvonne Coy, Timika Everett, Renita Fields, A-Keisha Gallman, Anewbis Hargrove, Diane Heisler, Desiree Huff, Jewell Jones, Jacques Jordan, Brittney Long, Whitney Martin, Malaika Miles, Dana Nesbitt-Gadson, Phyllis Pierce, Lamarr Price, Janell Schexnayder, Lakesha Sykes, Francesca VanLieu, Tahsheen Walker, Elizabeth Wilson, Latosha Young. (Attachments: # 1 Affidavit, # 2 Exhibit Exhibit A)(Jewett, Joshua) Modified on 10/27/2011 to remove incorrect link to defendant's 36 motion to strike and to add link to plaintiffs' 27 Motion to Certify Class, as stated in the document filed by counsel. (mwin, ) (Entered: 10/26/2011)
RESPONSE to Motion re 27 MOTION to Certify Class filed by Ryla Teleservices, Inc. (Response docketed by clerk pursuant to 41 Consent Order of 10/25/11, obtained from Exhibit 1 to defendant's 39 motion for extension. 41 Order deemed response to have been timely filed on 10/20/11, replacing the document 38 . (mwin, ) (Entered: 10/25/2011)
CONSENT ORDER granting 39 Motion for Extension of Time; extending the time for defendant to respond to plaintiff's Motion For Conditional Class certification by one day until October 20, 2011. The document attached as Exhibit 1 to defendant's Motion is accepted as defendant's Response to plaintiff's Motion For Conditional Class Certification, deemed to have been timely filed on October 20, 2011, and replaces the document previously filed as Document No. 38 by Ryla on October 19, 2011. Signed by Magistrate Judge Tommy E. Miller and filed on 10/25/11. (mwin, ) (Entered: 10/25/2011)
Memorandum in Support re 39 MOTION for Extension of Time to File Response/Reply as to 38 Response to Motion filed by Ryla Teleservices, Inc.. (Briody, James) (Entered: 10/20/2011)
MOTION for Extension of Time to File Response/Reply as to 38 Response to Motion by Ryla Teleservices, Inc.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Briody, James) (Entered: 10/20/2011)
Memorandum in Support re 36 MOTION to Strike 27 MOTION to Certify Class Exhibit 3 filed by Ryla Teleservices, Inc.. (Attachments: # 1 Exhibit)(Briody, James) (Entered: 10/19/2011)
ORDER granting 34 Motion for Thomas Robinson Bundy, III, to appear Pro hac vice for Ryla Teleservices, Inc. Signed by District Judge Rebecca Beach Smith and filed on 10/7/11. (mwin, ) (Entered: 10/11/2011)
MOTION for Thomas Robinson Bundy, III, to appear as Pro hac vice on behalf of Ryla Teleservices, Inc. (Attachments: # 1 Receipt)(ecav, ) (Entered: 10/05/2011)
ORDER Granting 31 Motion for Pro hac vice for Todd Christopher Theodora. Signed by District Judge Rebecca Beach Smith on 9/27/11 and filed 9/28/11. (Attachments: # 1 Receipt) (ldab, ) (Entered: 09/28/2011)
CONSENT ORDER granting 30 Motion for Extension of Time to File Response/Reply re 27 MOTION for Conditional Class Certification. ORDERED that the Rule 16(b) Scheduling Order is AMENDED to read that Defendant shall file its opposition to Plaintiffs Motion for Conditional Class Certification on or before October 19,2011 with any reply brief to be filed on or before October 26,2011. Entered and filed 9/23/11. (Signed by Magistrate Judge Tommy E. Miller on 9/23/11). (ecav, ) (Entered: 09/26/2011)
Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION Motion for Conditional Class Certification and Judicial Notice by Ryla Teleservices, Inc.. (Attachments: # 1 Exhibit Consent Order)(Briody, James) (Entered: 09/23/2011)
ORDER granting 26 Motion for Pro hac vice, Appointed Sarah Weiss Steenhoek for Rickyrah Anderson, for Mitzi Arient, for Tamarah Broussard, for Barbara Carey-Hill, for Yvonne Coy, for Timika Everett, for Renita Fields, for A-Keisha Gallman, for Anewbis Hargrove, for Diane Heisler, for Desiree Huff, for Jewell Jones, for Jacques Jordan, for Brittney Long, for Whitney Martin, for Malaika Miles, for Dana Nesbitt-Gadson, for Phyllis Pierce, for Lamarr Price, for Janell Schexnayder, for Lakesha Sykes, for Francesca VanLieu, for Tahsheen Walker, for Elizabeth Wilson. Signed by District Judge Rebecca Beach Smith and filed on 9/22/11. (jcow, ) (Entered: 09/22/2011)
RULE 16(b) SCHEDULING ORDER: Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference is set for 5/18/2012 at 11:00 AM in Norfolk. Jury Trial set for 5/30/2012 at 11:00 AM in Norfolk. Signed by District Judge Rebecca Beach Smith on 8/23/11 and filed 8/25/11.(evans) (Entered: 08/25/2011)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Jewell Jones, Elizabeth Wilson, Latosha Young (Jewett, Joshua) (Entered: 08/12/2011)
ORDER Granting 18 Motion for Pro hac vice Appointed Kimberly Maria Talley for Ryla Teleservices, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 08/05/11. (ldab, ) (Entered: 08/08/2011)
ORDER Granting 16 Motion for Pro hac vice Appointed Allegra Jeanne Lawrence-Hardy for Ryla Teleservices, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 08/05/11. (ldab, ) (Entered: 08/08/2011)
ORDER Granting 17 Motion for Pro hac vice Appointed Jennifer Nava Ide for Ryla Teleservices, Inc.. Signed by District Judge Rebecca Beach Smith and filed on 08/05/11. (ldab, ) (Entered: 08/08/2011)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Diane Heisler, Malaika Miles (Jewett, Joshua) (Entered: 08/01/2011)
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 8/23/2011 at 09:00 AM in Norfolk. Signed by Magistrate Judge Tommy E. Miller and filed on 7/25/11. (ldab, ) (Entered: 07/26/2011)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Yvonne Coy, Brittney Long, Timika Everett, Phyllis Pierce, Francesca VanLieu, Tahsheen Walker (Jewett, Joshua) (Entered: 07/22/2011)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Mitzi Arient, Barbara Carey-Hill, Renita Fields, Lamarr Price, and Lakesha Sykes (Jewett, Joshua) Modified on 7/21/2011 to add names of new party plaintiffs. (mwin, ) (Entered: 07/15/2011)
ANSWER to 1 Complaint by Ryla Teleservices, Inc.(Briody, James) Modified on 7/21/2011 to remove duplicate name of filing party. (mwin, ) (Entered: 07/15/2011)
FINANCIAL DISCLOSURE by Ryla Teleservices, Inc. (Briody, James) Modified on 7/21/2011 to change "Notice" to "Financial Disclosure" (mwin, ). (Entered: 07/15/2011)
ORDER granting 6 Motion for Pro hac vice, Appointed David Einer Schlesinger for Anewbis Hargrove. Signed by District Judge Rebecca Beach Smith and filed on 7/12/11. (jcow, ) (Entered: 07/13/2011)
ORDER granting 5 Motion for Pro hac vice, Appointed James Harvey Kaster for Anewbis Hargrove. Signed by District Judge Rebecca Beach Smith and filed on 7/12/11. (jcow, ) (Entered: 07/13/2011)
MOTION for David Einer Schlesinger to appear Pro hac vice by Anewbis Hargrove. (Attachments: # 1 attachment, # 2 Receipt)(lhow, ) (Entered: 07/08/2011)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Anewbis Hargrove (Attachments: # 1 Affidavit Plaintiff Consent Forms)(Jewett, Joshua) (Entered: 07/06/2011)
NOTICE of Consent to Join Suit as a Party Plaintiff by Joshua Lee Jewett on behalf of Rickyrah Anderson, Tamarah Broussard, A-Keisha Gallman, Jacques Jordan, Whitney Martin, and Janell Schexnayder. (Attachments: # 1 Affidavit Plaintiff Consent Forms)(Jewett, Joshua) Modified on 7/21/2011 to add the names of the new party plaintiffs. (mwin, ) (Entered: 07/01/2011)
ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting 27 Motion to Certify Class. The court ORDERS a sixty-day notice period for the putative classmembers to opt-in and authorizes Plaintiffs' counsel to send one reminder letter to these individ uals if responses are not received by Plaintiffs within thirty days from the issuance of the original notice. The court further ORDERS the Defendant to provide Plaintiffs a list, in Excel format, of all persons employed by Defendant as customer serv ice representatives in itsNorfolk, Virginia call center for the previous three years, within five days of receipt of the Court's order. The Defendant contends in its Motion to Strike and Objection that certain allegations in Plaintiff Hargrove& #039;s declaration should be stricken in light of Plaintiff Hargrove's depositiontestimony. The court does not agree with Defendant that Plaintiff Hargrove's deposition testimony contradicts his declaration, and, therefore, the Magistrate Judge's holding was not clearly erroneous or contrary to the law.2 The Defendant's objection is OVERRULED. Signed by District Judge Rebecca Beach Smith and filed on 2/13/12. (jcow, )
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