Perrin v. Papa John's International, Inc.
Plaintiff: William Timothy Perrin
Defendant: Papa John's International, Inc.
Case Number: 4:2009cv01335
Filed: August 19, 2009
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - City
Presiding Judge: Audrey G. Fleissig
Presiding Judge:
Nature of Suit: Plaintiff
Cause of Action: No cause code entered
Jury Demanded By: Plaintiff
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Date Filed Document Text
July 8, 2015 Opinion or Order Filing 436 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion for summary judgment regarding Defendants' reliance on tips to achieve the minimum wage is GRANTED. (Doc. No. 367 .)IT IS FURTHER ORDERED that Plaintiffs' motion fo r summary judgment on Defendants' affirmative defenses is GRANTED in part, with respect to defenses numbered 2, 16, 19, 26, 28, and 30-32, and DENIED in part, with respect to defenses numbered 5, 20, 22-25, 27, 29, and 33. (Doc. No. 360 .) Wi th respect to defenses numbered 25 and 27, the motion for summary judgment is DENIED without prejudice to reassertion at a later stage and upon an appropriate record. IT IS FURTHER ORDERED that the following motions for summary judgment are DENIED: Plaintiffs' motion for summary judgment regarding Defendants' failure to use reasonable reimbursement rates (Doc. No. 364 ); Defendants' motion for summary judgment regarding application of the tip credit (Doc. No. 371 ); and De fendants' motion for summary judgment regarding exclusion of fixed costs (Doc. No. 368 ). IT IS FURTHER ORDERED that Plaintiffs' motion to strike the declaration of Bradford K. Matthiesen is DENIED as moot. (Doc. No. 388 .) Signed by District Judge Audrey G. Fleissig on July 8, 2015. (BRP)
June 19, 2015 Opinion or Order Filing 435 MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendants' motion to stay this case is GRANTED, in part. (Doc. No. 426 .) Notwithstanding the stay, the Court will rule on the parties' pending motions for partial summary judgment, and the parties shall proceed in good faith with a mediation conference. However, all other proceedings in this case are STAYED until such time as the Supreme Court comes to a final disposition of Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. IT IS FUR THER ORDERED that within seven (7) days following the Supreme Courts ruling in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, Defendants shall file an appropriate motion as to the lifting of the stay. IT IS FURTHER ORDERED that all deadlines previo usly set, including the hearing on Defendants motions to decertify set for June 25, 2015 and the trial date of August 10, 2015, are VACATED, to be reset as appropriate upon lifting of the stay. IT IS FURTHER ORDERED that this case shall be deemed closed for statistical purposes only, subject to reopening upon lifting of the stay herein imposed or other appropriate Order. (Case stayed., Terminate Case) Signed by District Judge Audrey G. Fleissig on 6/19/2015. (NEB)
September 24, 2014 Opinion or Order Filing 339 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' motion to compel and show cause is DENIED. (Doc. No. 328.) IT IS FURTHER ORDERED that on or before October 7, 2014, Defendants shall identify whether additional discovery from some, but not all, of the opt-in plaintiffs is necessary to obtain an adequately representative sample for expert analysis at this stage of the case, and Defendants shall confer in good faith with Plaintiffs to attempt to reach an agreement with respect to such discovery. (Response to Court due by 10/7/2014.) Signed by District Judge Audrey G. Fleissig on 9/24/2014. (NCL)
April 7, 2014 Opinion or Order Filing 315 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties joint motion for approval of their proposed form of notice for the Rule 23 motions is GRANTED. Doc. No. 313 . Signed by District Judge Audrey G. Fleissig on 4/7/2014. (RAK)
January 28, 2014 Opinion or Order Filing 306 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants motion to stay proceedings pending ruling by the Eighth Circuit on Defendants Petition for Permission to Appeal and, if granted, pending the resolution of Defendants appeal, is GRANTED. (Doc. No. 300.) IT IS FURTHER ORDERED that the Defendants shall notify the Court of the resolution of Defendants Petition for Permission to Appeal within five days of receipt of the decision.. Signed by District Judge Audrey G. Fleissig on 1/28/13. (JWJ)
December 31, 2013 Opinion or Order Filing 299 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants motion to strike the report and testimony of Plaintiffs expert witness is DENIED. Doc. No. 263 . IT IS FURTHER ORDERED that Plaintiffs motion for class certification pursuant to Federal Rul e of Civil Procedure 23(b)(3) is GRANTED. Doc. No. 243 . IT IS FURTHER ORDERED that Plaintiffs James Hammond (Missouri), Aaron Mayhew (Illinois), Daniel Pecci (Florida), Joshua Nowak (Arizona), and Woodrow Taylor (Maryland) are designated as repres entatives of each of their respective state classes. IT IS FURTHER ORDERED that the law firms of Stueve Siegel Hanson LLP and Weinhaus & Potashnick are designated as Class Counsel. IT IS FURTHER ORDERED that the Court approves for dissemination, in the manner proposed by Plaintiffs, the form of Class Notice attached as Exhibit 12 to the motion for class certification. (Doc. No. 243-35). Signed by District Judge Audrey G. Fleissig on 12/31/2013. (RAK)
October 11, 2011 Opinion or Order Filing 159 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' objections (Doc. No. 149) to the Proposed Form of Notice and Consent to Join are GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that, on or before October 14, 20 11, Defendants shall provide Plaintiffs with a readable electronic data file containing the names, restaurant store names and numbers, and last known mailing addresses of all drivers employed by Defendants at any time in the three (3) years prior to September 14, 2011. IT IS FURTHER ORDERED that Plaintiffs shall, not later than October 24, 2011, send notice by first-class mail using the Notice, Consent to Join, and envelope inscription modified as ordered herein. IT IS FURTHER ORDERED that the sixty (60) day opt-in period approved herein shall commence on October 24, 2011, and expire on December 23, 2011. Signed by Honorable Audrey G. Fleissig on 10/11/2011. (NCL)
October 4, 2011 Opinion or Order Filing 152 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants objections (Doc. No. 149) to the Proposed Form of Notice and Consent to Join are GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the Court shall hold a conference call with coun sel on October 5, 2011, at 11 a.m. to address scheduling issues related to the Defendants production of electronic data and Plaintiffs mailing of notice. IT IS FURTHER ORDERED that Plaintiffs shall proceed with the provision of notice by electronic a nd first-class mail using the Plaintiffs Proposed Form of Notice and Consent to Join, modified as ordered herein, according to the schedule to be determined by the Court following consultation with counsel. IT IS FURTHER ORDERED that the Court approves an opt-in period of sixty days. Telephone Conference set for 10/5/2011 11:00 AM before Honorable Audrey G. Fleissig. Signed by Honorable Audrey G. Fleissig on 10/4/11. (JWJ)
September 14, 2011 Opinion or Order Filing 148 MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that Plaintiff's Motion for Conditional Collective Action Certification [Doc. No. 101] is GRANTED, and the Court conditionally certifies a class of all similarly situation present and former pizza delivery drivers employed by Defendants at any time during the three(3) years prior to the date of this Order. IT IS FURTHER ORDERED that Defendants' motion for hearing [Doc. No. 124] is DENIED. IT IS FURTHER ORDERED that Pa pa John's shall show cause, not later than September 20, 2011, why Plaintiff's proposed notice and consent provisions [Doc. No. 101 Exhibits 37 & 38] should not be approved by the Court for issuance in this collective action. Plaintiff shal l file its response to the objections to the proposed notice and consent provisions on or before September 26, 2011. IT IS FURTHER ORDERED that Papa John's shall take the steps necessary to make available by October 21, 2011 a readable e lectronic data file containing information including the names, restaurant store names and numbers, and last known mailing addresses of all potential class members. ( Response to Court due by 9/20/2011.). Signed by Honorable Audrey G. Fleissig on 9/14/2011. (MRC)
March 8, 2011 Opinion or Order Filing 127 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants Papa John's International, Inc. and Papa John's USA, Inc.'s Motion to Dismiss (Doc. 60) is GRANTED in part and DENIED in part. Defendants' motion to di smiss is denied in all respects, except with regard to Plaintiff Perrin's individual claims for the period of January-May 2009, which are dismissed without prejudice. IT IS FURTHER ORDERED that Defendants' motion for hearing [Doc. #82] is DENIED. Signed by Honorable Audrey G. Fleissig on 3/8/2011. (NCL)
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Plaintiff: William Timothy Perrin
Represented By: Mark A. Potashnick
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Defendant: Papa John's International, Inc.
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