Seiffert v. Qwest Corporation et al
| Jordan Seiffert |
| CenturyLink Communications, Qwest Corporation and Qwest Corporation d/b/a CenturyLink QC Other CenturyLink QC |
| 4:2018cv00070 |
| April 30, 2018 |
| US District Court for the District of Montana |
| Great Falls Office |
| CASCADE |
| Brian Morris |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 12, 2020. A more recent docket listing may be available from PACER.
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Filing 144
FINAL JUDGMENT AND ORDER APPROVING SETTLEMENT AND DISMISSING ACTION WITH PREJUDICE regarding : #143 Joint MOTION to Approve Settlement Agreement and Dismiss Case filed by Jordan Seiffert. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 8/12/2020. (MMS)
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| Filing 143 Joint MOTION to Approve Settlement Agreement and Dismiss Case Rowdy B. Meeks appearing for Plaintiff Jordan Seiffert (Meeks, Rowdy) |
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Filing 142
ORDER GRANTING JOINT MOTION TO VACATE DEADLINES AND STAY CASE: Upon the parties' #141 Joint Motion to Vacate Deadlines and Stay Case, and for good cause showing, the Court ORDERS that: 1) All pending deadlines in the above-captioned matter are STAYED; 2) If the mediation is not successful, within 7 days following mediation, the parties will submit their proposed Amended Case Management Order. If the mediation results in settlement, within 14 days following mediation, the parties will submit their Final Settlement Agreement for this Court's approval. Signed by Judge Brian Morris on 7/7/2020. (SLR)
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| Filing 141 Joint MOTION to Stay re #135 Scheduling Order,,, Set Motion and F&R Deadlines/Hearings,,, Terminate Motions,, Brianne C. McClafferty appearing for Defendant CenturyLink Communications (Attachments: #1 Text of Proposed Order Order Granting Joint Motion to Vacate and Stay Case) (McClafferty, Brianne) |
| Filing 140 NOTICE of Acknowledgment of Pro Hac Vice Order by CenturyLink Communications, Qwest Corporation re #138 Order on Motion to Appear Pro Hac Vice (Shreves, Darin) |
| Remark: Darin Shreves is now a registered CM/ECF electronic user. (SLR) |
| Filing 139 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Aaron Colangelo re CM/ECF registration. (Copy mailed to counsel Shreves) (MMS) |
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Filing 138
ORDER granting #137 Motion to Appear Pro Hac Vice as to Darin Shreves. Acknowledgment of PHV Order due by 6/1/2020. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 5/15/2020. (Copy of order mailed to counsel Shreves). (MMS)
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| Filing 137 MOTION Darin Shreves to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2479829.) Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Affidavit of Darin Shreves, #2 Text of Proposed Order) (MMS) |
| Filing 136 NOTICE of Withdrawal of Counsel: Justin M. Dean withdrawing from the case, filed by CenturyLink Communications, Qwest Corporation (McClafferty, Brianne) |
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Filing 135
ORDER GRANTING MOTION TO ENTER AMENDED JOINT PHASE II DISCOVERY PLAN AND SCHEDULING ORDER: The parties in this matter have filed a #134 Motion to Enter Amended Joint Phase II Discovery Plan. Upon good cause showing, and for the reasons set forth in the Motion and based on the information provided in the Joint Phase II Discovery Plan, the Court hereby GRANTS the parties' Motion and modifies the current schedule in this case as follows: SEE ORDER FOR FULL DETAILS AND DEADLINES. Signed by Judge Brian Morris on 1/31/2020. (SLR)
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| Filing 134 Joint MOTION re #95 Joint Discovery Plan and MOTION TO ENTER AMENDED JOINT PHASE II DISCOVERY PLAN AND SCHEDULING ORDER Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Exhibit Exhibit 1 - Amended Joint Phase II Discovery Plan, #2 Text of Proposed Order PROPOSED Order Granting Motion to Enter Amended Joint Phase II Discovery Plan and Scheduling Order) (McClafferty, Brianne) |
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Filing 133
ORDER: IT IS ORDERED that Plaintiff's #98 Motion for Protective Order is GRANTED. Signed by Judge Brian Morris on 1/2/2020. (ACC)
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Filing 132
ORDER: IT IS ORDERED that Defendants' #103 Motion to Enforce Collective ActionWaivers is DENIED. IT IS FURTHER ORDERED that Defendant's #105 Motion to Compel Individual Arbitration is GRANTED and the 127 opt-in Plaintiffs who executed arbitration agreements are dismissed from this action. Signed by Judge Brian Morris on 1/2/2020. (ACC)
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| Filing 131 NOTICE by Jordan Seiffert of Withdrawing Opt-in Consent to Join This Litigation (Walker, Nicholas) |
| Filing 130 NOTICE by CenturyLink Communications, Qwest Corporation (Joint Notice of Supplemental Authority) (Attachments: #1 Exhibit Judge Frensley's Order re Plaintiffs' Motion for Prot. Order, #2 Exhibit Scheduling Order in District of Kansas matter Charbonneau v. Mortgage Lenders, #3 Exhibit Report of Planning Meeting) (McClafferty, Brianne) |
| Filing 129 MINUTE ENTRY for MOTION HEARING held 10/7/19 before Judge Brian Morris: Tracey George, Rowdy Meeks appearing on behalf of Plaintiffs; Chris Pace, Brianne McClafferty appearing on behalf of Defendants. Motion Hearing re #103 Motion to Enforce Collective Action Waivers, #98 MOTION for Protective Order, #105 MOTION to Arbitrate Motion to Compel Arbitration. Court reviews motions. Parties with argument. Matter is deemed submitted with orders forthcoming. Hearing commenced at 10:05 a.m. and concluded at 11:50 a.m.. (Court Reporter Yvette Heinze.) (Law Clerk: E. Gutierezz Caton), (Hearing held in Great Falls) (MMS) |
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Filing 128
ORDER: IT IS ORDERED Plaintiffs' #125 Motion to allow Tracey F. George and Rowdy B. Meeks to appear at the scheduled October 7, 2019 hearing without local counsel is GRANTED. Signed by Judge Brian Morris on 10/3/2019. (SLR)
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| Filing 127 REPLY to Response to Motion re #106 MOTION to Arbitrate Motion to Compel Arbitration, #105 MOTION to Arbitrate Motion to Compel Arbitration filed by CenturyLink Communications, Qwest Corporation. (Pace, Chris) |
| Filing 126 REPLY to Response to Motion re #103 MOTION Motion to Enforce Collective Action Waivers filed by CenturyLink Communications, Qwest Corporation. (Attachments: #1 Affidavit Flowers Supplemental Declaration) (Pace, Chris) |
| Filing 125 MOTION for Leave to Appear Without Local Counsel Tracey F. George appearing for Plaintiff Jordan Seiffert (George, Tracey) |
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Filing 124
TEXT ORDER granting #123 Motion for Extension of Time to File Response/Reply re #123 Unopposed MOTION for Extension of Time to File Response/Reply as to #103 MOTION Motion to Enforce Collective Action Waivers , #105 MOTION to Arbitrate Motion to Compel Arbitration IT IS HEREBY ORDERED that Defendants have up to and including September 27, 2019 to file (1) their Reply in Support of Defendants Motion to Enforce Collective Action Waivers, and (2) their Reply in Support of Defendants Motion to Compel Individual Arbitration. Signed by Judge Brian Morris on 9/17/2019. (SLL)
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| Filing 123 Unopposed MOTION for Extension of Time to File Response/Reply as to #103 MOTION Motion to Enforce Collective Action Waivers , #105 MOTION to Arbitrate Motion to Compel Arbitration Chris R. Pace appearing for Defendants CenturyLink Communications, Qwest Corporation (Pace, Chris) |
| Filing 122 RESPONSE to Motion re #105 MOTION to Arbitrate Motion to Compel Arbitration filed by Jordan Seiffert. (Attachments: #1 Exhibit Example of U.S. West Agreement Version 1 (Gilbert Barela), #2 Exhibit Example of U.S. West Agreement Version 2 (Gilbert Bracamonte), #3 Exhibit Example of U.S. West Agreement Version 3 (Cale Hartman), #4 Exhibit Example of U.S. West Agreement Version 4 (Mike Eldred), #5 Exhibit Example of U.S. West Agreement Version 5 (Jihad Farhat), #6 Exhibit Example of Qwest Agreement Version 1 (Tracey Adams), #7 Exhibit Example of Qwest Agreement Version 2 (Kurt Byers), #8 Exhibit Example of Qwest Agreement Version 3 (Kayvan Fassnacht), #9 Exhibit Example of CenturyLink Agreement Version 1 (Karen Brown), #10 Exhibit Example of CenturyLink Agreement Version 2 (Rex Anderson), #11 Exhibit May 1, 2009 Correspondence from Chris Pace, #12 Exhibit July 17, 2019 e-mail to Chris Pace) (George, Tracey) |
| Filing 121 RESPONSE to Motion re #103 MOTION Motion to Enforce Collective Action Waivers filed by Jordan Seiffert. (George, Tracey) |
| Filing 120 Remark: Attorney Nicholas Walker is now a registered user. (MMS) |
| Filing 119 NOTICE of Acknowledgment of Pro Hac Vice Order by Jordan Seiffert (McGrady, Philip) |
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Filing 118
TEXT ORDER Setting Hearing on Motion #105 MOTION to Arbitrate Motion to Compel Arbitration, #98 MOTION for Protective Order , #103 MOTION Motion to Enforce Collective Action Waivers : IT IS HEREBY ORDERED that a Motion Hearing is set for 10/7/2019 at 10:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 8/12/2019. (SLL)
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| Filing 117 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Nicholas Walker re CM/ECF registration. Letter mailed to Counsel Walker. (ACC) |
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Filing 116
ORDER: Plaintiffs have moved for admission of Nicholas J. Walker, Esq. (Mr.Walker) to practice before this Court in this case with Phillip McGrady, Esq. toact as local counsel. Mr. Walker's application appears to be incompliance with L.R. 83.1(d). Plaintiffs' #115 motion to allow Mr. Walker to appear on their behalf is GRANTED. **SEE ORDER FOR DETAIL** Signed by Judge Brian Morris on 8/6/2019. (Copy mailed to Cnsl Walker) (ACC)
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| Filing 115 Second MOTION Nicholas Walker to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2347348.) Philip L. McGrady appearing for Plaintiff Jordan Seiffert (Attachments: #1 Affidavit, #2 Text of Proposed Order) (McGrady, Philip) |
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Filing 114
ORDER: IT IS HEREBY ORDERED that Plaintiff's #111 Motion to Admit Nicholas Walker Pro Hac Vice, is DENIED WITHOUT PREJUDICE for failure to comply with Local Rule 7.1(c). Signed by Judge Brian Morris on 8/6/2019. (ACC)
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Filing 113
ORDER: IT IS HEREBY ORDERED Plaintiffs shall be permitted up to and including September 6, 2019 to file their response to Defendants' #103 Motion to Enforce Collective Action Waiver. Signed by Judge Brian Morris on 8/6/2019. (SLR) Modified on 8/12/2019 to correct motion number and link to motion. (SLR).
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Filing 112
ORDER: IT IS HEREBY ORDERED that Plaintiffs shall be permitted up to and including September 6, 2019 to file their response to Defendants' #105 Motion to Compel Arbitration. Signed by Judge Brian Morris on 8/6/2019. (SLR) Modified on 8/12/2019 to correct motion docket number and link to motion. (SLR).
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| Filing 111 MOTION Nicholas Walker to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2347348.) Philip L. McGrady appearing for Plaintiff Jordan Seiffert (Attachments: #1 Affidavit) (McGrady, Philip) |
| Filing 110 Unopposed MOTION for Extension of Time to File Response/Reply as to #103 MOTION Motion to Enforce Collective Action Waivers Tracey F. George appearing for Plaintiff Jordan Seiffert (Attachments: #1 Exhibit Proposed Order) (George, Tracey) |
| Filing 109 Unopposed MOTION for Extension of Time to File Response/Reply as to #105 MOTION to Arbitrate Motion to Compel Arbitration Tracey F. George appearing for Plaintiff Jordan Seiffert (Attachments: #1 Exhibit Proposed Order) (George, Tracey) |
| Filing 108 REPLY to Response to Motion re #98 MOTION for Protective Order filed by Jordan Seiffert. (George, Tracey) |
| Filing 107 Notice of Correction: re #106 Brief in Support of Motion to Compel Arbitration. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (SLR) |
| Filing 106 Brief in Support of #105 Motion to Compel Arbitration Chris R. Pace appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Exhibit Declaration of Chris Pace) (Pace, Chris) Modified on 7/29/2019 to correct title of document and link to motion. (SLR). |
| Filing 105 MOTION to Arbitrate Motion to Compel Arbitration Chris R. Pace appearing for Defendants CenturyLink Communications, Qwest Corporation (Pace, Chris) |
| Filing 104 Brief/Memorandum in Support re #103 MOTION Motion to Enforce Collective Action Waivers filed by CenturyLink Communications, Qwest Corporation. (Attachments: #1 Exhibit Declaration of Chris Pace, #2 Exhibit Declaration of Marina Pearson, #3 Exhibit Declaration of Cindy Flowers) (Pace, Chris) |
| Filing 103 MOTION Motion to Enforce Collective Action Waivers Chris R. Pace appearing for Defendants CenturyLink Communications, Qwest Corporation (Pace, Chris) |
| Filing 102 RESPONSE to Motion re #98 MOTION for Protective Order filed by CenturyLink Communications, Qwest Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Pace, Chris) |
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Filing 101
ORDER: Defendants Qwest Corporation d/b/a CenturyLink QC and CenturyLink Communicationos, LLC filed an #100 Unopposed Motion to extend their deadline to file a motion to dismiss any Opt-in Plaintiffs they contend are precluded from participating in this lawsuit to July 26, 2019. For good cause showing, Defendants' Motion is GRANTED. The deadline for Defendants to file a motion to dismiss any Opt-in Plaintiffs they contend are precluded from participating in this lawsuit is July 26, 2019. Signed by Judge Brian Morris on 7/16/2019. (SLR)
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| Filing 100 Unopposed MOTION for Extension of Time to File Motion to Dismiss Opt In Plaintiffs Defendants Contend are Precluded from Participating in this Lawsuit Chris R. Pace appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Text of Proposed Order proposed Order) (Pace, Chris) |
| Filing 99 Brief/Memorandum in Support re #98 MOTION for Protective Order filed by Jordan Seiffert. (Attachments: #1 Exhibit Sample Discovery, #2 Exhibit Conferral Correspondence, #3 Exhibit May 1st and May 6th Correspondence, #4 Exhibit June 14th Correspondence, #5 Exhibit Declaration of Tracey George) (George, Tracey) |
| Filing 98 MOTION for Protective Order Tracey F. George appearing for Plaintiff Jordan Seiffert (George, Tracey) |
| Filing 97 STIPULATION of Joint Stipulated Protocol for the Production of Documents and ESI by CenturyLink Communications, Qwest Corporation. (Pace, Chris) |
| Filing 96 NOTICE by CenturyLink Communications, Qwest Corporation of Status of Alternative Dispute Resolution (Pace, Chris) |
| Filing 95 JOINT DISCOVERY PLAN by CenturyLink Communications. (McClafferty, Brianne) |
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Filing 94
STIPULATED PROTECTIVE ORDER granting #93 Motion for Entry of Stipulated Protective Order. Signed by Judge Brian Morris on 5/6/2019. (TLO)
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| Filing 93 Joint MOTION for Protective Order Brianne C. McClafferty appearing for Defendant CenturyLink Communications (Attachments: #1 Text of Proposed Order Proposed Stipulated Protective Order) (McClafferty, Brianne) |
| Filing 92 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 03212019 Consents to Join, #2 Exhibit 03252019 Consents to Join, #3 Exhibit 03262019 Consents to Join, #4 Exhibit 03272019 Consents to Join, #5 Exhibit 04012019 Consents to Join) (George, Tracey) |
| Filing 91 MINUTE ENTRY for proceedings held before Judge Brian Morris: Telephonic Status Conference held on 4/1/2019. (Law Clerk: J. Brown), (SLL) |
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Filing 90
TEXT Order Setting: IT IS HEREBY ORDERED that the undersigned will conduct a Telephonic Status Conference on 4/1/2019 at 10:00 AM. The Court will contact the parties with the call-in number. Signed by Judge Brian Morris on 3/26/2019. (SLL)
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| Filing 89 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 03152019 Consents to Join, #2 Exhibit 03182019 Consents to Join, #3 Exhibit 03192019 Consents to Join, #4 Exhibit 03222019 Consents to Join) (George, Tracey) |
| Filing 88 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 03112019 Consents to Join, #2 Exhibit 03132019 Consents to Join, #3 Exhibit 03142019 Consents to Join) (George, Tracey) |
| Filing 87 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 03042019 Consents to Join, #2 Exhibit 03052019 Consents to Join, #3 Exhibit 03062019 Consents to Join, #4 Exhibit 03072019 Consents to Join, #5 Exhibit 03082019 Consents to Join) (George, Tracey) |
| Filing 86 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 02272019 Consents to Join, #2 Exhibit 02282019 Consents to Join, #3 Exhibit 03012019 Consents to Join) (George, Tracey) |
| Filing 85 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 02262019 Consents to Join) (George, Tracey) |
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Filing 84
ORDER denying #68 Motion for Protective Order. Defendants' shall provide a complete "class list" related to the period between July 3, 2018, and December 14, 2018. Signed by Judge Brian Morris on 2/26/2019. (MMS)
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| Filing 83 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 02142019 Consents to Join, #2 Exhibit 02182019 Consents to Join, #3 Exhibit 02192019 Consents to Join, #4 Exhibit 02202019 Consents to Join, #5 Exhibit 02222019 Consents to Join, #6 Exhibit 02252019 Consents to Join) (George, Tracey) |
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Filing 82
ORDER denying #70 Motion to Certify the Court's December 14, 2018, Order for Interlocutory Review. Signed by Judge Brian Morris on 2/22/2019. (MMS)
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| Filing 81 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 02132019 Consents to Join) (George, Tracey) |
| Filing 80 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 02082019 Consents to Join, #2 Exhibit 02112019 Consents to Join, #3 Exhibit 02122019 Consents to Join) (George, Tracey) |
| Filing 79 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 02052019 Consents to Join, #2 Exhibit 02062019 Consents to Join, #3 Exhibit 02072019 Consents to Join) (George, Tracey) |
| Filing 78 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 02042019 Consents to Join) (George, Tracey) |
| Filing 77 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 01252019 Consents, #2 Exhibit 01282019 Consents, #3 Exhibit 01292019 Consents, #4 Exhibit 01302019 Consents, #5 Exhibit 02012019 Consents) (George, Tracey) |
| Filing 76 REPLY to Response to Motion re #70 MOTION to Certify Order for Interlocutory Review filed by CenturyLink Communications, Qwest Corporation. (McClafferty, Brianne) |
| Filing 75 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 01222019 Consents to Join, #2 Exhibit 01232019 Consents to Join, #3 Exhibit 01242019 Consents to Join) (George, Tracey) |
| Filing 74 RESPONSE to Motion re #70 MOTION to Certify Order for Interlocutory Review filed by Jordan Seiffert. (George, Tracey) |
| Filing 73 REPLY to Response to Motion re #68 MOTION for Protective Order filed by CenturyLink Communications, Qwest Corporation. (McClafferty, Brianne) |
| Filing 72 RESPONSE to Motion re #68 MOTION for Protective Order filed by Jordan Seiffert. (George, Tracey) |
| Filing 71 Brief/Memorandum in Support re #70 MOTION to Certify Order for Interlocutory Review filed by CenturyLink Communications, Qwest Corporation. (Pace, Chris) |
| Filing 70 MOTION to Certify Order for Interlocutory Review Chris R. Pace appearing for Defendants CenturyLink Communications, Qwest Corporation (Pace, Chris) |
| Filing 69 Brief/Memorandum in Support re #68 MOTION for Protective Order filed by CenturyLink Communications, Qwest Corporation. (Attachments: #1 Exhibit A - Email - 1/3/2019, #2 Exhibit B - Email - 1/3/2019 George Email) (McClafferty, Brianne) |
| Filing 68 MOTION for Protective Order Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (McClafferty, Brianne) |
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Filing 67
ORDER: IT IS ORDERED Plaintiff's #43 Motion for Conditional Collective Action is GRANTED. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 1/3/2019. (SLR)
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| Filing 66 Consent to MOTION re: #43 MOTION to Certify FLSA Conditional Collective Action And Send Notice And Status Update filed by CenturyLink Communications, Qwest Corporation. (Pace, Chris) |
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Filing 65
ORDER denying #30 Motion to Dismiss opt-in Plaintiffs, or in the Alternative, Transfer Venue. Signed by Judge Brian Morris on 12/14/2018. (MMS)
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| Filing 64 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consent to Join Litigation (Attachments: #1 Exhibit 12132018 Consent to Join) (George, Tracey) |
| Filing 63 Notice of Undeliverable Electronic Notice: re #61 Notice of Withdrawal of Counsel. Name of attorney whose NEF was undeliverable: Kyle J. O'Brien. (MRC) |
| Filing 62 MINUTE ENTRY for MOTION HEARING held 12/4/18 before Judge Brian Morris: Counsel Tracey George and Rowdy Meeks appearing on behalf of Plaintiffs, Counsel Chris Pace, and W. Scott Mitchell, appearing on behalf of Defendants, and Mark Nolan representative, present. Motion Hearing re #43 MOTION to Certify FLSA Conditional Collective Action And Send Notice filed by Jordan Seiffert, #30 MOTION to Dismiss (or in the Alternative, Transfer Venue) filed by Qwest Corporation, CenturyLink Communications. Mr. Pace and Ms. George with argument. Court will take this matter under advisement. Court proposes setting a telephonic scheduling conference after the order on motion is filed. Parties agree. Hearing commenced at 1:30 p.m. and concluded at 2:35 p.m. (Court Reporter Y. Heinze.) (Law Clerk: J. Brown), (Hearing held in Great Falls) (MMS) |
| Filing 61 NOTICE of Withdrawal of Counsel: Kyle J. O'Brien withdrawing from the case, filed by CenturyLink Communications, Qwest Corporation (Attachments: #1 Exhibit A - Permission Email) (Dean, Justin) |
| Filing 60 NOTICE OF SUBSEQUENT AUTHORITY by CenturyLink Communications, Qwest Corporation re #31 Brief/Memorandum in Support, #30 MOTION to Dismiss (or in the Alternative, Transfer Venue) (Pace, Chris) Modified on 11/30/2018 to clean up text. (SLR). |
| Filing 59 NOTICE of Appearance by W. Scott Mitchell on behalf of All Defendants (Mitchell, W.) |
| Filing 58 Notice of Undeliverable Electronic Notice: re #57 Order on Motion for Leave to Appear, #56 Unopposed MOTION for Leave to Appear Without Local Counsel For Preliminary Pretrial Conference and Motion Hearing or Alternatively to Allow Local Counsel To Appear By Telephone. Name of attorney whose NEF was undeliverable: Kyle J. O'Brien. (MRC) |
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Filing 57
ORDER granting Motion for Leave to Appear without Local Counsel or, Alternatively, to Allow Local Counsel to Appear by Telephone #56 and finds good cause for that motion. IT IS THEREFORE ORDERED, Plaintiff may appear through pro hac vice counsel and without local counsel at the December 4, 2018 Preliminary Pretrial Conference and Motion Hearing. Signed by Judge Brian Morris on 11/29/2018. (TLO)
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| Filing 56 Unopposed MOTION for Leave to Appear Without Local Counsel For Preliminary Pretrial Conference and Motion Hearing or Alternatively to Allow Local Counsel To Appear By Telephone Tracey F. George appearing for Plaintiff Jordan Seiffert (Attachments: #1 Text of Proposed Order Order Granting Leave to Appear Without Local Counsel) (George, Tracey) |
| Filing 55 PRELIMINARY PRETRIAL STATEMENT by CenturyLink Communications, Qwest Corporation. (Pace, Chris) |
| Filing 54 STATEMENT OF STIPULATED FACTS by Jordan Seiffert. (George, Tracey) |
| Filing 53 JOINT DISCOVERY PLAN by Jordan Seiffert. (George, Tracey) |
| Filing 52 PRELIMINARY PRETRIAL STATEMENT by Jordan Seiffert. (George, Tracey) |
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Filing 51
ORDER: Defendant's motion is GRANTED. The preliminary pretrial conference and motion hearing on Defendant's #30 MOTION to Dismiss or in the Alternative, Transfer Venue currently set for November 19, 2018 are VACATED and reset for 12/4/2018 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 10/29/2018. (ACC)
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| Filing 50 Unopposed MOTION to Continue Preliminary Pretrial Conf. and Motion Hearing Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Text of Proposed Order Order Granting Motion to Continue) (McClafferty, Brianne) |
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Filing 49
ORDER granting #46 Motion for Extension of Time to File. IT IS FURTHER ORDERED the statute of limitations shall be tolled during the pendency of Defendants' motion to dismiss. Signed by Judge Brian Morris on 10/17/2018. (MMS)
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Filing 48
PRELIMINARY PRETRIAL CONFERENCE ORDER: This matter is at issue and so is eligible for a preliminary pretrial conference: Preliminary Pretrial Statement due by 11/13/2018, Joint Discovery Plan due by 11/13/2018, Statement of Stipulated Facts due by 11/13/2018., Pretrial Conference is set for 11/19/2018 at 01:30 PM in Great Falls, MT before Judge Brian Morris.), IT IS ALSO ORDERED that the undersigned will conduct a hearing on the following motions on 11/19/2018 at 01:30 PM in Great Falls, MT: #30 MOTION to Dismiss (or in the Alternative, Transfer Venue) and #43 MOTION to Certify FLSA Conditional Collective Action And Send Notice . Signed by Judge Brian Morris on 10/17/2018. (MMS)
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| Filing 47 RESPONSE to Motion re #46 MOTION for Extension of Time to File or Extend the Deadline to Respond to Plaintiffs Motion for Conditional Certification or in the Alternative Motion for Status Conference filed by Jordan Seiffert. (George, Tracey) |
| Filing 46 MOTION for Extension of Time to File or Extend the Deadline to Respond to Plaintiffs Motion for Conditional Certification or in the Alternative Motion for Status Conference Chris R. Pace appearing for Defendants CenturyLink Communications, Qwest Corporation (Pace, Chris) |
| Filing 45 Brief/Memorandum in Support re #30 MOTION to Dismiss (or in the Alternative, Transfer Venue) filed by CenturyLink Communications, Qwest Corporation. (Pace, Chris) |
| Filing 44 Brief/Memorandum in Support re #43 MOTION to Certify FLSA Conditional Collective Action And Send Notice filed by Jordan Seiffert. (Attachments: #1 Exhibit 1 - Grady Cond'l Certification Order, #2 Exhibit 2 - Eng I & II Job Listings, #3 Exhibit 3 - Seiffert Declaration, #4 Exhibit 4 - Opt-in Declarations, #5 Exhibit 5 - Opt-in Declarations (Cont'd), #6 Exhibit 6 - Pre-Grady Job Listings, #7 Exhibit 7 - CenturyLink Org Chart, #8 Exhibit 8 - Proposed FLSA Notice, #9 Exhibit 9 - Proposed FLSA Consent, #10 Exhibit 10 - Proposed Reminder Notice) (George, Tracey) |
| Filing 43 MOTION to Certify FLSA Conditional Collective Action And Send Notice Tracey F. George appearing for Plaintiff Jordan Seiffert (George, Tracey) |
| Filing 42 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consent to Join Litigation (Attachments: #1 Exhibit 1 - 09202018 Consent to Join) (George, Tracey) |
| Filing 41 REPLY to Response to Motion re #30 MOTION to Dismiss (or in the Alternative, Transfer Venue) Plaintiff's Surreply to Defendants' Reply filed by Jordan Seiffert. (George, Tracey) |
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Filing 40
ORDER: #38 Plaintiff's Unopposed Motion for Leave to File Surreply To Defendants' Reply In Support of Motion to Dismiss Opt-in Plaintiffs, Or In The Alternative, Transfer Venue and finds good cause for that motion. IT IS THEREFORE ORDERED, Plaintiff shall file his Surreply within 7 days of this Order. Signed by Judge Brian Morris on 8/14/2018. (ACC)
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| Filing 39 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consent To Join Litigation (Attachments: #1 Exhibit 08102018 Consent to Join) (George, Tracey) |
| Filing 38 Unopposed MOTION for Leave to File Surreply To Defendants' Reply (Doc. 37) In Support of Motion to Dismiss Or Transfer Venue Tracey F. George appearing for Plaintiff Jordan Seiffert (Attachments: #1 Exhibit Plaintiff's Proposed Surreply Suggestions, #2 Text of Proposed Order Proposed Order Granting Leave to File Surreply) (George, Tracey) |
| Filing 37 REPLY to Response to Motion re #30 MOTION to Dismiss (or in the Alternative, Transfer Venue) filed by CenturyLink Communications, Qwest Corporation. (Attachments: #1 Exhibit 1 Declaration) (Pace, Chris) |
| Filing 36 RESPONSE to Motion re #30 MOTION to Dismiss (or in the Alternative, Transfer Venue) filed by Jordan Seiffert. (Attachments: #1 Exhibit Grady Order Denying Change of Venue, #2 Exhibit Flight Times) (George, Tracey) |
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Filing 35
ORDER: IT IS ORDERED that the parties' #34 Joint Motion is hereby granted. All deadlines under Federal Rules of Civil Procedure 16 and 26 are hereby stayed, pending a ruling on Defendants' #30 Motion to Dismiss or in the alternative, transfer venue. Signed by Judge Brian Morris on 7/24/2018. (SLR)
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| Filing 34 Joint MOTION to Stay Deadlines Pending Ruling on Defendants' Motion to Dismiss Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Text of Proposed Order Order Granting Joint Motion to Stay Deadlines) (McClafferty, Brianne) |
| Filing 33 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit Alicea Consent, #2 Exhibit Chacon Consent, #3 Exhibit Coulter Consent, #4 Exhibit Harb Consent, #5 Exhibit Lira Consent, #6 Exhibit Tesdal Consent, #7 Exhibit Van Patten Consent) (George, Tracey) |
| Filing 32 ANSWER to #19 Amended Complaint (and Affirmative Defenses) by CenturyLink Communications, Qwest Corporation. (McClafferty, Brianne) |
| Filing 31 Brief/Memorandum in Support re #30 MOTION to Dismiss (or in the Alternative, Transfer Venue) filed by CenturyLink Communications, Qwest Corporation. (Attachments: #1 Exhibit A-Declaration of Lisa Hensley Eckert, #2 Exhibit B-Declaration of Monique Amundson, #3 Exhibit C-Declaration of LaRae Dodson) (McClafferty, Brianne) |
| Filing 30 MOTION to Dismiss (or in the Alternative, Transfer Venue) Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (McClafferty, Brianne) |
| Filing 29 NOTICE of Acknowledgment of Pro Hac Vice Order by CenturyLink Communications, Qwest Corporation (Pace, Chris) |
| Filing 28 NOTICE of Acknowledgment of Pro Hac Vice Order by CenturyLink Communications, Qwest Corporation re #20 Order,,, Terminate Motions,,, Set Deadlines,, (Mumaugh, Brian) |
| Filing 27 NOTICE of Acknowledgment of Pro Hac Vice Order by CenturyLink Communications, Qwest Corporation (O'Brien, Kyle) |
| Filing 26 NOTICE of Acknowledgment of Pro Hac Vice Order by CenturyLink Communications, Qwest Corporation (Dean, Justin) |
| Remark: Pro Hac Vice Counsel Brian Mumaugh is now a registered CM/ECF user. (SLR) |
| Filing 25 NOTICE by Jordan Seiffert of Filing FLSA Opt-in Consents to Join Litigation (Attachments: #1 Exhibit 1 - Consents to Join Litigation, #2 Exhibit 2 - Consents to Join Litigation, #3 Exhibit 3 - Consents to Join Litigation) (George, Tracey) |
| Filing 24 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Kyle J. O'Brien re CM/ECF registration. Letter mailed to Counsel O'Brien. (SLR) |
| Filing 23 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Justin M. Dean re CM/ECF registration. Letter mailed to Counsel Dean. (SLR) |
| Filing 22 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Chris R. Pace re CM/ECF registration. Letter mailed to Counsel Pace. (SLR) |
| Filing 21 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Brian Mumaugh re CM/ECF registration. Letter mailed to Counsel Mumaugh. (SLR) |
|
Filing 20
ORDER: Defendants have moved for an Order allowing Brian Mumaugh, Esq., Chris R. Pace, Esq., Justin M. Dean, Esq., and Kyle J. O'Brien, Esq. to appear pro hac vice in this case with Brianne McClafferty of Holland and Hart, designated as local counsel. The applications of Mr. Mumaugh, Mr. Pace, Mr. Dean, and Mr. O'Brien appear to be in compliance with L.R. 83.1(d). IT IS ORDERED Defendants' motions to allow Mr. Mumaugh, Mr. Pace, Mr. Dean, and Mr. O'Brien to appear on its behalf (Docs. #13 #14 #15 #16 ) are GRANTED, subject to the following conditions: SEE ORDER FOR FULL DETAILS AND DEADLINE. Copies of Order mailed to Counsel Mumaugh, Pace, Dean, and O'Brien. Signed by Judge Brian Morris on 6/13/2018. (SLR)
|
| Filing 19 SECOND AMENDED COMPLAINT against Defendants, filed by Jordan Seiffert. (SLR) |
|
Filing 18
ORDER: The Court has considered Plaintiff's #17 Unopposed Motion for Leave to File Second Amended Complaint, and finds good cause for that motion. IT IS THEREFORE ORDERED Plaintiff's Second Amended Complaint is DEEMED FILED. IT IS FURTHER ORDERED Defendants shall answer or otherwise respond to the Second Amended Complaint within 21 days of this Order. Signed by Judge Brian Morris on 6/12/2018. (SLR)
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| Filing 17 Unopposed MOTION for Leave to File Plaintiff's Second Amended Complaint Tracey F. George appearing for Plaintiff Jordan Seiffert (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Text of Proposed Order Proposed Order Granting Leave to Amend) (George, Tracey) |
| Set Deadlines/Hearings: Answer to Second Amended Complaint due 7/3/208. (SLR) |
| Filing 16 Unopposed MOTION Kyle J. O'Brien to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2147310.) Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Affidavit Affidavit of Kyle O'Brien, #2 Text of Proposed Order Order Granting Admission of Kyle O'Brien) (McClafferty, Brianne) |
| Filing 15 Unopposed MOTION Justin M. Dean to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2147308.) Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Affidavit Affidavit of Justin Dean, #2 Text of Proposed Order Order Granting Admission of Justin Dean) (McClafferty, Brianne) |
| Filing 14 Unopposed MOTION Chris R. Pace to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2147307.) Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Affidavit Affidavit of Chris Pace, #2 Text of Proposed Order Order for Admission-Chris Pace) (McClafferty, Brianne) |
| Filing 13 MOTION Brian Mumaugh to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2147303.) Brianne C. McClafferty appearing for Defendants CenturyLink Communications, Qwest Corporation (Attachments: #1 Affidavit Affidavit of Brian Mumaugh, #2 Text of Proposed Order Order for Admission) (McClafferty, Brianne) |
| Filing 12 NOTICE of Acknowledgment of Pro Hac Vice Order by Jordan Seiffert by Attorney Rowdy Meeks (Meeks, Rowdy) |
| Filing 11 AMENDED COMPLAINT against All Defendants, filed by Jordan Seiffert. (Attachments: #1 Exhibit Seiffert Consent to Join) (George, Tracey) |
| Filing 10 NOTICE by Jordan Seiffert of Withdrawing Opt-in Consents to Join (George, Tracey) |
| Filing 9 NOTICE of Acknowledgment of Pro Hac Vice Order by Jordan Seiffert by Attorney Tracey George (George, Tracey) |
|
Filing 8
ORDER: Plaintiff's motions to allow Mr. George and Mr. Meeks to appear on its behalf (Docs #4 and #5 ) are GRANTED; subject to the following conditions: SEE ORDER FOR FULL DETAILS AND DEADLINE. Signed by Judge Brian Morris on 5/24/2018. (ACC)
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| Filing 7 NOTICE by Jordan Seiffert of Filing FLSA Opt-In Consents (Attachments: #1 Exhibit Consent to Join) (McGrady, Philip) |
| Filing 6 AFFIDAVIT of Service for Complaint and Summons served on Qwest Corporation and Centurylink Communications on 5/9/18, filed by Jordan Seiffert. (McGrady, Philip) |
| Set Deadlines: Answer ddl for all Defendants 5/30/2018. (SLR) |
| Filing 5 MOTION Rowdy Meeks to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2129688.) Philip L. McGrady appearing for Plaintiff Jordan Seiffert (Attachments: #1 Affidavit Rowdy Meeks, #2 Exhibit Meeks Bar Admissions) (McGrady, Philip) |
| Filing 4 MOTION Tracey George to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2129340.) Philip L. McGrady appearing for Plaintiff Jordan Seiffert (Attachments: #1 Affidavit of Tracey George) (McGrady, Philip) |
| Filing 3 NOTICE by Jordan Seiffert of Filing FLSA Opt-In Consents (Attachments: #1 Exhibit Consents to Join) (McGrady, Philip) |
| Filing 2 Summons Issued as to All Defendants. Original Summonses mailed to Counsel McGrady. (SLR) |
| Filing 1 COMPLAINT against All Defendants, filed by Jordan Seiffert. (Attachments: #1 Consent to Join Litigation, #2 Civil Cover Sheet, #3 Blank Summons - CenturyLink, #4 Blank Summons - Qwest) (SLR) |
| Filing fee: $ 400.00, receipt number 0977-2126508. (SLR) |
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