Marshall et al v. Amsted Industries Inc et al
| Chester Marshall and Richard Whitby |
| Amsted Industries Inc and Amsted Rail Company, Inc. |
| 3:2010cv00011 |
| January 4, 2010 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Madison |
| Clifford J. Proud |
| Michael J. Reagan |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
243
ORDER denying 208 Motion to Exclude Expert and granting 210 Motion for Decertification of Collective Action: For the reasons thoroughly explained in the attached Order, the Court DENIES Defendant Amsted's motion to exclude testimony and repo rt of Robert Offerman (Doc. 208), GRANTS Defendant Amsted's motion for class decertification (Doc. 210), DISMISSES WITHOUT PREJUDICE the remaining 476 opt-in Plaintiffs (all plaintiffs other than named Plaintiffs Chester Marshall and Richard Whitby), and CLARIFIES that trial will proceed as to the claims of Marshall and Whitby alone herein. See Order for details. Signed by Judge Michael J. Reagan on 11/13/12. (soh )
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Filing
239
ORDER REGARDING MOTION FOR DECERTIFICATION AND TRIAL SCHEDULE: See Attached Order for details regarding the December 3, 2012 jury trial. Signed by Judge Michael J. Reagan on 11/7/12. (soh )
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Filing
232
ORDER denying 212 Motion for Summary Judgment: For the reasons articulated in the attached Order, the Court DENIES Amsted's motion for summary judgment (Doc. 212). Signed by Judge Michael J. Reagan on 10/31/12. (soh )
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Filing
198
ORDER LIFTING STAY PREVIOUSLY IMPOSED BY COURT see 195 , CANCELING current trial setting, and DIRECTING counsel to file Joint Status Report and Proposed Schedule by June 12, 2012: As thoroughly described in the attached Order, the United States Cour t of Appeals for the Seventh Circuit having issued its opinion in Sandifer v. U.S. Steel Corp. (2012 WL 1592543), the Court now LIFTS the stay in this case and DIRECTS counsel to take certain action by June 12, 2012. See Order for Details. (Action due by 6/12/2012.) Signed by Judge Michael J. Reagan on 5/11/12. (soh )
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Filing
195
ORDER denying 185 Defendant's Motion for Certification of Interlocutory Appeal: For the reasons thoroughly explained in the attached Order, the Court DENIES Amsted's motion to certify an interlocutory appeal of the undersigned Judge' s summary judgment ruling and stay this case awaiting the resolution of that appeal (Doc. 185). However, the Court STAYS these proceedings at this time, awaiting the disposition of the Sandifer appeal already at the Court of Appeals for the Seventh Circuit. The decision to impose this stay may be reevaluated depending on the progress/status of the Sandifer appeal. Defense counsel SHALL FILE a written status report on the Sandifer appeal on the dates listed in the attached Order. Signed by Judge Michael J. Reagan on 11/11/11. (soh )
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Filing
180
ORDER granting in part and denying in part 157 Motion for Partial Summary Judgment: For the reasons thoroughly delineated in the attached Order, the Court GRANTS IN PART and DENIES IN PART Defendant Amsted's motion for summary judgment (Doc. 157). Signed by Judge Michael J. Reagan on 9/20/11. (soh )
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Filing
96
ORDER: As explained in the attached Order, the Court hereby APPROVES the final Notice of Collective Action jointly filed by the parties on July 26, 2010 (attached to Doc. 95). Signed by Judge Michael J. Reagan on 7/29/10. (soh )
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Filing
93
ORDER REGARDING NOTICE TO PUTATIVE PLAINTIFFS IN FLSA COLLECTIVE ACTION: As fully described in the attached Order, the Court rules on the remaining issue related to the Notice, advises counsel how to edit the proposed notice submitted earlier this month, and DIRECTS defense counsel to make the final edit accordingly and e-file the revised Notice on or before July 30, 2010. ( Action due by 7/30/2010.) Signed by Judge Michael J. Reagan on 7/21/10. (soh )
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Filing
81
ORDER granting 65 Motion to Conditionally Certify: For the reasons thoroughly discussed in the attached Order, the Court GRANTS Plaintiffs' motion (Doc. 65), CONDITIONALLY CERTIFIES these claims as an FLSA collective action, and AUTHORIZES Pla intiffs to send notice under Section 216(b) of the FLSA to current and former hourly employees who worked at Amsted's Granite City facility in the past three years. The Court -- at this point -- does NOT approve the proposed notice submitted by Plaintiffs. As described in the attached Order, the Court will hear argument from counsel at the July 7, 2010 status conference regarding the contents and posting of the notice. The Order sets a July 30, 2010 deadline for counsel to submit proposed notices via this Court's cm/ecf system. (The Clerk's Office shall set a cm/ecf deadline accordingly.) Signed by Judge Michael J. Reagan on 6/16/10. (soh )
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Filing
72
ORDER on 48 Defendants' Motion to Dismiss or Strike pursuant to Rule 12(b)(1) and 12(f): For the reasons thoroughly explained in the attached Order, the Court GRANTS IN PART 48 Defendants' motion to dismiss/strike and Dismisses Without Prejudice Counts II and III of Plaintiffs' complaint. This leaves only the federal FLSA claim/collective action. Plaintiff is DIRECTED TO FILE A FIRST AMENDED COMPLAINT by June 7, 2010 and attach to that amended complaint a list (as described on page 4 of the attached Order. Judge Reagan will hold an IN-COURT STATUS CONFERENCE with all counsel at 2:00 pm on Wed. July 7, 2010. See Order for details. (Amended Pleadings due by 6/7/10.)Signed by Judge Michael J. Reagan on 5/10/10. (soh )
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