Schmaltz v. O'Reilly Automotive Stores, Inc.

Defendant: O'Reilly Automotive Stores, Inc.
Plaintiff: Eric M. Schmaltz
 
Case Number: 4:2012cv01056
Filed: June 13, 2012
 
Court: Missouri Eastern District Court
Office: St. Louis Office
County: St. Louis - County
Presiding Judge: John A. Ross
 
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29:201
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
September 10, 2012 14 Featured Case MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motion for Extension of Time to Conduct Discovery and to Respond to Plaintiffs Motion for Conditional Class Certification 11 is GRANTED as follows: Defendant is granted twenty-one (21) d ays from the date of this Order in which to conduct depositions of Plaintiff and the three affiants identified in Plaintiffs Motion for Conditional Class Certification;Prior to the scheduled depositions of Plaintiff and affiants, Defendant shall p roduce all policy documents that will be presented at said depositions; and Defendant is granted fourteen (14) days following the close of these four depositions to file its response to Plaintiffs Motion for Conditional Class Certification. IT IS FU RTHER ORDERED that the statute of limitations will be tolled for Plaintiffs class as it relates to the claims set out in their Complaint. IT IS FURTHER ORDERED that a scheduling conference pursuant to Fed.R.Civ.P. 16 is set for November 13, 2012 at 10:00 a.m. in the chambers of the undersigned. An Order Setting Rule 16 Conference will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 9/10/2012. (RAK)
March 11, 2013 40 Featured Case MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion for Conditional Class Certification 7 is GRANTED, and the Court conditionally certifies a class of:Any current or former individual who was employed by Defendant as an hourly team member in the United States, including but not limited to assistant store managers, installer service specialists, retail service specialists, parts specialists, and delivery specialists, during the time period from August 28, 2009 to the present da te, and whose time records were modified, changed, or altered by the Defendant. IT IS FURTHER ORDERED that Plaintiffs Motion to Supplement Motion for Conditional Class Certification 31 is GRANTED. IT IS FURTHER ORDERED that Plaintiffs Motion to Exp edite Ruling on Plaintiffs Motion for Conditional Class Certification 32 is DENIED as moot. IT IS FURTHER ORDERED that Plaintiff Eric M. Schmaltz is conditionally authorized to act as class representative. IT IS FURTHER ORDERED that Engelmeyer & P ezzani, LLC are authorized to act as class counsel. IT IS FURTHER ORDERED that Defendant is granted until April 1, 2013, within which to make any written objections to Plaintiff proposed Notice and Consent Form. IT IS FURTHER ORDERED that Defendant shall provide Plaintiffs attorneys with the names and current or last known mailing addresses of all employees who may be potential plaintiffs in this suit on or before April 15, 2013. Signed by District Judge John A. Ross on 3/11/2013. (RAK)

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Defendant: O'Reilly Automotive Stores, Inc.
Represented By: Molly R. Batsch
Represented By: Amy L. Blaisdell
Represented By: Kevin T. McLaughlin
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Plaintiff: Eric M. Schmaltz
Represented By: Anthony M. Pezzani
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