Wilkins et al v. Bank of America
| Monti Wilkins, Peter Sutor, Dianne Musillo, Keri Konopolis and Cassie Augustine |
| Bank of America |
| 1:2011cv00962 |
| February 10, 2011 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Kane |
| Blanche M Manning |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 44 MINUTE entry before Honorable Blanche M. Manning: This order is entered nunc pro tunc 5/31/2012. Plaintiffs unopposed motion for settlement approval and the parties Settlement Agreement (Case No. 10 5332, Dkt. Entry 262) are before the Court. The sealed motion 262 is granted. In Case Nos. 10 C 5332 and 11 C 962, the Court orders as follows: (1) The Settlement Agreement is approved as a fair, equitable, and reasonable resolution of a bona fide dispute in this contested litigation and is incorporated herein by this reference and made a part hereof as though set forth in full; (2) The formula for allocation of settlement payments set forth in the Settlement Agreement is approved as a fair, equitable, and reasonable measure for distributing the settlement payment to Class Members; (3) All individuals who have filed consents to join this action as parties plaintiff prior to the date of entry of this Order are hereby deemed to fully and unconditionally waive and release any and all Released Claims (as that term is defined in the Settlement Agreement) against any and all Released Parties (as that term is defined in the Settlement Agreement), as more fully set forth in the Settlement Agreement; and (4) The attorneys fees representing One-Third (1/3) of the settlement fund, costs, and the service payments as set forth in the Settlement Agreement, are approved and Defendants are hereby ordered to make payments in accordance with and subject to the terms of the Settlement Agreement. Accordingly, the Court enters judgment in accordance with this Order and in accordance with the terms of the Settlement Agreement. This case (Case No. 10 C 5332) and the case captioned Monti Wilkins v. Bank of America, Case No. 11 C 962, which was previously consolidated into this case and settled as a part of this case, are dismissed without prejudice, with all costs borne in accordance with the Settlement, with leave to reinstate for the limited purpose of moving to enforce terms of the settlement, so long as such motion is filed on or before September 28, 2012. If no motion to reinstate is filed by this date, the dismissal in both cases shall automatically convert to a dismissal with prejudice. Civil case terminated. Mailed notice (jdh) |
| Filing 43 MINUTE entry before Honorable Blanche M. Manning: Plaintiffs' motion to certify class #28 is withdrawn as set forth in docket #138 dated 8/11/2011 in the lead case 10 C 5332. Motions terminated: Mailed notice (rth, ) |
| Filing 42 NOTICE by All Plaintiffs NOTICE OF FILING CONSENT(S) TO JOIN (Attachments: #1 Exhibit Consent)(Buehler, Terrence) |
| Filing 41 NOTICE by All Plaintiffs PLAINTIFFS NOTICE OF FILING CONSENT(S) TO JOIN (Attachments: #1 Exhibit Consent)(Buehler, Terrence) |
| Filing 40 ATTORNEY Appearance for Defendant Bank of America by Matthew C. Kane (Kane, Matthew) |
| Filing 39 ATTORNEY Appearance for Defendant Bank of America by Brian E. Spang (Spang, Brian) |
| Filing 38 EXECUTIVE COMMITTEE ORDER: In accordance with the provisions of Local Rule 40 of this court. Case reassigned to the Honorable Blanche M. Manning for all further proceedings. Related Case No. 10cv5332.. Entered by Executive Committee on 7/27/11.(gcy, ) |
| Filing 37 MINUTE entry before Honorable Ronald A. Guzman: Minute entry dated 7/14/11 [doc. 36] is corrected to read as follows: Motion hearing held on 7/14/2011. Motion by Defendant Bank of America To Set Status Hearing Regarding Defendant's Motion to Dismiss Or, In The Alternative, To Stay This Action #20 #33 and Defendant's Motion to Dismiss Or, In The Alternative, To Stay This Action #20 are denied. Joint Motion to Extend Time to File Opposition to Conditional Certification #28 #31 is granted. Reset deadlines as to motion to certify class #28 : Responses due by 8/31/2011. Replies due by 9/14/2011. Mailed notice (cjg, ) |
| Filing 36 MINUTE entry before Honorable Ronald A. Guzman: Motion hearing held on 7/14/2011. Motion by Defendant Bank of America To Set Status Hearing Regarding Defendant's Motion to Dismiss Or, In The Alternative, To Stay This Action #20 #33 is denied. Joint Motion to Extend Time to File Opposition to Conditional Certification< #28 #31 is granted. Reset deadlines as to motion to certify class #28 : Responses due by 8/31/2011. Replies due by 9/14/2011. Mailed notice (cjg, ) |
| Filing 35 NOTICE by All Plaintiffs PLAINTIFFS NOTICE OF FILING CONSENT(S) TO JOIN (Attachments: #1 Consent Form)(Buehler, Terrence) |
| Filing 34 NOTICE of Motion by Kyle Anne Petersen for presentment of motion for miscellaneous relief #33 before Honorable Ronald A. Guzman on 7/14/2011 at 09:30 AM. (Petersen, Kyle) |
| Filing 33 MOTION by Defendant Bank of AmericaTo Set Status Hearing Regarding Defendant's Motion to Dismiss Or, In The Alternative, To Stay This Action (Petersen, Kyle) |
| Filing 32 Notice of Agreed/Joint Motion NOTICE of Motion by Kyle Anne Petersen for presentment of extension of time #31 before Honorable Ronald A. Guzman on 7/14/2011 at 09:30 AM. (Petersen, Kyle) |
| Filing 31 MOTION by Defendant Bank of America for extension of time Joint Motion to Extend Time to File Opposition to Conditional Certification (Petersen, Kyle) |
| Filing 30 MOTION by Plaintiffs Cassie Augustine, Keri Konopolis, Dianne Musillo, Peter Sutor, Monti Wilkins to certify class Responses due by 8/3/2011 (Attachments: #1 Exhibit, #2 Exhibit)(Lane, Nicholas) |
| Filing 29 MINUTE entry before Honorable Ronald A. Guzman: Plaintiffs not in court. Status hearing held on 6/22/2011. Set deadlines as to motion by Plaintiffs Cassie Augustine, Keri Konopolis, Dianne Musillo, Peter Sutor, Monti Wilkins to certify class #28 : Plaintiffs' memorandum of law to be filed on or before 7/6/11. Response due by 8/3/2011. Reply due by 8/17/2011. Ruling to be by mail. Mailed notice (cjg, ) |
| Filing 28 MOTION by Plaintiffs Cassie Augustine, Keri Konopolis, Dianne Musillo, Peter Sutor, Monti Wilkins to certify class (Attachments: #1 Exhibit, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration)(Lane, Nicholas) |
| Filing 27 NOTICE by All Defendants re MOTION by Defendant Bank of America to dismiss or, in the Alternative, to Stay This Action #20 , stipulation, #26 , Response #25 , terminate hearings, set motion and R&R deadlines/hearings,, #23 , memorandum in support of motion, #21 of Filing Stipulation Regarding Consolidation of Actions (Petersen, Kyle) |
| Filing 26 STIPULATION regarding motion to dismiss #20 , Response #25 , terminate hearings, set motion and R&R deadlines/hearings,, #23 , memorandum in support of motion, #21 of the Parties Regarding Consolidation of Wilkins Action with Kelly Action (Petersen, Kyle) |
| Filing 25 RESPONSE by Plaintiffs Cassie Augustine, Keri Konopolis, Dianne Musillo, Peter Sutor, Monti Wilkins to motion to dismiss #20 , memorandum in support of motion, #21 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Buehler, Terrence) |
| Filing 24 NOTICE by All Plaintiffs Plaintiffs' Notice of Filing Consents to Join (Attachments: #1 Opt-in form)(Buehler, Terrence) |
| Filing 23 MINUTE entry before Honorable Ronald A. Guzman: Notice of motion set for 5/5/11 is stricken. Set deadlines as to motion by Defendant Bank of America to dismiss or, in the Alternative, to Stay This Action #20 : Response due by 5/25/2011. Reply due by 6/9/2011. Ruling to be by mail. Mailed notice (cjg, ) |
| Filing 22 NOTICE of Motion by Kyle Anne Petersen for presentment of motion to dismiss #20 before Honorable Ronald A. Guzman on 5/5/2011 at 09:30 AM. (Petersen, Kyle) |
| Filing 21 MEMORANDUM by Bank of America in support of motion to dismiss #20 or, in the Alternative, to Stay This Action (Attachments: #1 Exhibit A, Wilkins Complaint, #2 Exhibit B, Kelly Complaint, #3 Exhibit C, Kelly Motion to Reassign and Consolidate)(Petersen, Kyle) |
| Filing 20 MOTION by Defendant Bank of America to dismiss or, in the Alternative, to Stay This Action (Petersen, Kyle) |
| Filing 19 MINUTE entry before Honorable Ronald A. Guzman: Status hearing held on 4/20/2011. Preliminary conditional certification motion to be filed on or before 6/20/2011. Status hearing set for 6/22/2011 at 09:30 AM. Mailed notice (cjg, ) |
| Filing 18 ATTORNEY Appearance for Defendant Bank of America by Rebecca Pratt Bromet (Bromet, Rebecca) |
| Filing 17 NOTICE by All Plaintiffs Plaintiffs' Notice of Filing Consents to Join (Attachments: #1 Consent Forms)(Buehler, Terrence) |
| Filing 16 NOTICE by All Plaintiffs Plaintiffs' Notice of Filing Consents to Join (Attachments: #1 Consent Form)(Buehler, Terrence) |
| Filing 15 ATTORNEY Appearance for Plaintiffs Cassie Augustine, Keri Konopolis, Dianne Musillo, Peter Sutor, Monti Wilkins by Nicholas Swigert Lane (Lane, Nicholas) |
| Filing 14 ANSWER to Complaint by Cassie Augustine, Keri Konopolis, Dianne Musillo, Peter Sutor, Monti Wilkins(Lane, Nicholas) |
| Filing 13 ATTORNEY Appearance for Defendant Bank of America by Aaron J Longo (Longo, Aaron) |
| Filing 12 NOTICE by All Plaintiffs Plaintiffs' Notice of Filing Consents to Join Pursuant to [29 U.S.C. 207, 211(c), 216(b)] (Attachments: #1 Consents)(Buehler, Terrence) |
| Filing 11 ATTORNEY Appearance for Defendant Bank of America by Michael David Mandel (Mandel, Michael) |
| Filing 10 NOTICE by Cassie Augustine, Keri Konopolis, Dianne Musillo, Peter Sutor, Monti Wilkins Plaintiffs' Notice of Filing Consent(s) to Join Pursuant to [29 U.S.C. 207, 211(c), 216(b)] (Attachments: #1 Consent Form)(Buehler, Terrence) |
| Filing 9 MINUTE entry before Honorable Ronald A. Guzman: Application for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5803879. (Miller, Barry) #8 is granted. Mailed notice (cjg, ) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5803879. (Miller, Barry) |
| Filing 7 ATTORNEY Appearance for Defendant Bank of America by Lauren Suzanne Zwick (Zwick, Lauren) |
| Filing 6 ATTORNEY Appearance for Defendant Bank of America by Noah A. Finkel (Finkel, Noah) |
| Filing 5 ATTORNEY Appearance for Defendant Bank of America by Kyle Anne Petersen (Petersen, Kyle) |
| Filing 4 MINUTE entry before Honorable Ronald A. Guzman: The Court orders the parties to appear on 4/20/2011 at 9:30 AM for an initial appearance and status hearing. All parties shall refer to and comply with Judge Guzmans requirements for the initial appearance as outlined in Judge Guzmans case management procedures, which can be found at: www.ilnd.uscourts.gov.Mailed notice (jms, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Cassie Augustine, Keri Konopolis, Dianne Musillo, Peter Sutor, Monti Wilkins by Terrence Buehler (Buehler, Terrence) |
| Filing 2 CIVIL Cover Sheet (Buehler, Terrence) |
| Filing 1 COMPLAINT filed by Monti Wilkins, Keri Konopolis, Dianne Musillo, Peter Sutor, Cassie Augustine; Jury Demand. Filing fee $ 350, receipt number 0752-5694995.(Buehler, Terrence) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Morton Denlow. (daj, ) |
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