PORTER v. MERRILL LYNCH PIERCE FENNER & SMITH, INC.
JENNIFER PORTER |
MERRILL LYNCH PIERCE FENNER & SMITH, INC. |
DINA R. JANSENSON, ESQ. |
3:2017cv08043 |
October 9, 2017 |
US District Court for the District of New Jersey |
Trenton Office |
Somerset |
Tonianne J Bongiovanni |
Freda L Wolfson |
Labor: Fair Standards |
15 U.S.C. § 2 |
None |
Docket Report
This docket was last retrieved on June 8, 2020. A more recent docket listing may be available from PACER.
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Filing 71 FINAL ORDER AND JUDGMENT granting #69 MOTION for Settlement Approval on Final Basis. Signed by Magistrate Judge Tonianne J. Bongiovanni on 06/08/2020. (jdb) |
Filing 70 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Hearing via telephone on motion (Docket Entry No. 69) by (Plaintiff) for Settlement Approval. Ordered motion (Docket Entry No. 69) granted. Order to be entered.(Digitally Recorded) (mm) |
***Civil Case Terminated. (jdb) |
Filing 69 MOTION for Settlement Approval on Final Basis by JENNIFER PORTER. (PECHMAN, LOUIS) |
Filing 68 DECLARATION of Louis Pechman re #67 Notice (Other) in Support of Motion for Final Class Action Settlement Approval by JENNIFER PORTER. (Attachments: #1 Exhibit 1 - Stipulation with Enclosed Exhibits, #2 Exhibit 2 - Rust Consulting Aff., #3 Exhibit 3 - Sample Notice, #4 Exhibit 4 - PLG Time Records, #5 Exhibit 5 - Schley Time Records, #6 Exhibit 6 - Class Counsel's Costs)(PECHMAN, LOUIS) |
Filing 67 NOTICE by JENNIFER PORTER of Motion for Final Class Action Settlement Approval (Attachments: #1 Text of Proposed Order - Final Settlement Approval Order)(PECHMAN, LOUIS) |
Set Deadlines as to #69 MOTION for Settlement Approval on Final Basis. Motion set for 7/6/2020 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) |
CLERK'S QUALITY CONTROL MESSAGE - The #67 Motion for Final Class Action Settlement Approval filed by Louis Pechman on 06/01/2020 was submitted incorrectly as a Notice (Other). For future reference, the Motion for Final Class Action Settlement Approval and Text of proposed Order should be filed with the #69 MOTION for Settlement Approval on Final Basis. This submission will remain on the docket unless otherwise ordered by the court. (jdb) |
Filing 66 ORDER granting #60 MOTION for Settlement Approval on Preliminary Basis. The Court will conduct a Fairness Hearing on June 8, 2020 at 10:00 a.m. Signed by Magistrate Judge Tonianne J. Bongiovanni on 02/14/2020. (jdb) Modified on 2/18/2020 (km). |
Filing 65 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Motion Hearing held on 2/14/2020 regarding (Docket Entry No. 60) by (Plaintiff) for Settlement Approval. Ordered motion (Docket Entry No. 60) granted. Order to be entered. (Digitally Recorded) (mm) |
Filing 64 TEXT ORDER: In-Person hearing regarding motion (Docket Entry No. 60) for Settlement Approval set for 2/14/2020 at 10:00 a.m. before Magistrate Judge Tonianne J. Bongiovanni. So Ordered by Magistrate Judge Tonianne J. Bongiovanni. (mm) |
Filing 63 LIMITED CONSENT AND REFERENCE ORDER to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Tonianne J. Bongiovanni and Magistrate Judge Tonianne J. Bongiovanni. Signed by Chief Judge Freda L. Wolfson on 01/22/2020. (jdb) |
Filing 62 CONSENT to Jurisdiction by US Magistrate Judge by JENNIFER PORTER.. (PECHMAN, LOUIS) |
Filing 61 Letter from Louis Pechman to Judge Bongiovanni. (Attachments: #1 Text of Proposed Order Revised Proposed Preliminary Approval Order, #2 Text of Proposed Order Redline of Revised Proposed Preliminary Approval Order)(PECHMAN, LOUIS) |
Set Deadlines as to #60 MOTION for Settlement Approval on Preliminary Basis. Motion set for 12/16/2019 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) |
Filing 60 MOTION for Settlement Approval on Preliminary Basis by JENNIFER PORTER. (PECHMAN, LOUIS) |
Filing 59 DECLARATION of Louis Pechman re #58 Notice (Other) in Support of Motion for Preliminary Class Action Settlement Approval by JENNIFER PORTER. (Attachments: #1 Exhibit 1 - Stipulation with Enclosed Exhibits)(PECHMAN, LOUIS) |
Filing 58 NOTICE by JENNIFER PORTER of Motion for Preliminary Class Action Settlement Approval (PECHMAN, LOUIS) |
Filing 57 LETTER ORDER granting a one-week extension to submit the motion for preliminary approval of the settlement. The new deadline is 11/11/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/04/2019. (jdb) |
Filing 56 Letter from Thomas A. Linthorst to Judge Bongiovanni requesting an extension to submit the motion for preliminary approval of the settlement re #55 Order. (LINTHORST, THOMAS) |
Filing 55 LETTER ORDER granting an extension for the deadline to submit the Motion for Preliminary Approval from 09/30/2019 to 11/04/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/1/2019. (jdb) |
Filing 54 Letter from Thomas Linthorst to Judge Bongiovanni with joint extension request. (LINTHORST, THOMAS) |
Filing 53 LETTER ORDER setting the 9/30/2019 deadline for the submission of the Motion for Preliminary Approval. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/19/2019. (km) |
Filing 52 TEXT ORDER: The parties shall provide the Court with a written status update concerning the mediation of this matter no later than 8/16/2019. So Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm) |
Filing 51 Order of Designation for Mediation. All proceedings in this matter, except for discovery as agreed to by the mediator and counsel, are stayed for 60 days. The parties shall provide the Court with a written status update concerning themediation of this matter no later than 7/31/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/30/2019. (mmh) |
Filing 50 LETTER ORDER that the 5/30/2019 telephone conference is cancelled; that the parties submit a joint status report to the Court by 7/31/2019; that a mediation Order shall be entered staying this matter; terminating #37 Motion for Reconsideration. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/30/2019. (mmh) |
Filing 49 Letter from Thomas A. Linthorst. (LINTHORST, THOMAS) |
Filing 48 TEXT ORDER - Telephone set for May 30, 2019 at 2:30 PM before Magistrate Judge Tonianne J. Bongiovanni. It shall be plaintiff's responsibility to contact all counsel to set up the conference, as well as, to initiate the call. Kindly mark your calendars accordingly. So Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm) |
Filing 47 LETTER ORDER that the deadline to submit the Discovery Status Report is extended to 3/18/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/13/2019. (km) |
Filing 46 TEXT ORDER- The Plaintiff is granted an extension and is to report back to the Court electronically to tjb_orders@njd.uscourts.gov no later than 3/12/2019, with a written status update. So Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm) |
Filing 45 LETTER ORDER that Plaintiff is to provide a status update by 3/5/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/15/2019. (mmh) |
Filing 44 LETTER ORDER that Discovery and updated responses are to be exchanged by 2/12/2019. Parties are to provide a status update to the Court by 2/19/2019. Plaintiff's sanctions claim based on Defendant's failure to provide adequate responses is Denied without prejudice. The Court directs Plaintiff to produce a more fulsome response to Interrogatory No. 7 by 2/1/2019. Plaintiffs request for attorneys fees is Denied. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/15/2019. (km) |
Filing 43 Letter from T.Linthorst to Judge Wolfson re #41 Letter. (LINTHORST, THOMAS) |
Filing 42 REPLY BRIEF to Opposition to Motion filed by JENNIFER PORTER re #37 First MOTION for Reconsideration re #35 Order on Motion to Certify Class,, #34 Opinion and Letter Requesting Leave to File Reply (Attachments: #1 Brief in Reply)(SCHLEY, MITCHELL) |
Filing 41 Letter from Louis Pechman re #35 Order on Motion to Certify Class,,. (Attachments: #1 Exhibit Proposed Notice of Lawsuit, Reminder Notice, and Consent Form, #2 Exhibit Exhibit)(PECHMAN, LOUIS) |
Filing 40 MEMORANDUM in Opposition filed by MERRILL LYNCH PIERCE FENNER & SMITH, INC. re #37 First MOTION for Reconsideration re #35 Order on Motion to Certify Class,, #34 Opinion (LINTHORST, THOMAS) |
Filing 39 LETTER ORDER granting a one week extension for parties to submit their proposed notice. Signed by Judge Freda L. Wolfson on 11/30/2018. (km) |
CLERK'S QUALITY CONTROL MESSAGE - The Letter request for an extension of time, d.e. #38 filed by Louis Pechman on 11/29/2018 was submitted incorrectly as a Motion.. PLEASE RESUBMIT THE Letter request for an extension of time USING LETTER. This submission will remain on the docket unless otherwise ordered by the court. (km) |
Filing 38 Joint MOTION for Extension of Time to File proposed 216(b) notice form by JENNIFER PORTER. (PECHMAN, LOUIS) |
Set Deadlines as to #37 First MOTION for Reconsideration re #35 Order on Motion to Certify Class,, #34 Opinion . Motion set for 12/17/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) |
Filing 37 First MOTION for Reconsideration re #35 Order on Motion to Certify Class,, #34 Opinion by JENNIFER PORTER. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(SCHLEY, MITCHELL) |
Filing 36 Letter from Defendant Merrill Lynch Pierce Fenner & Smith. (LINTHORST, THOMAS) |
Filing 35 ORDER granting #16 Motion to Conditional Certification of the Collective Action; Plaintiff's motion for court-authorized notice to the potential conditional collective action members is GRANTED; Defendant shall produce a list of the potential conditional collective action members' names and contact information within 10 days of this Order; parties shall meet and confer; and the parties shall submit a joint proposed notice form within 20 days of this Order. Signed by Judge Freda L. Wolfson on 11/9/2018. (km) |
Filing 34 OPINION filed. Signed by Judge Freda L. Wolfson on 11/9/2018. (km) |
Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 9/6/2018. (mm) |
Filing 33 LETTER ORDER scheduling a telephone conference for 9/6/2018. Plaintiff to initiate the call. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/28/2018. (km) |
Filing 32 TEXT ORDER- The parties are to meet and confer, either in person or telephonically, in a good faith effort to resolve the newly identified discovery issues. The parties are to report back to the Court electronically to tjb_orders@njd.uscourts.gov no later than 7/24/2018, with a written status update; the Court shall determine whether another in person hearing is necessary. So Ordered by Magistrate Judge Tonianne J. Bongiovanni. (mm) |
Filing 31 Transcript of STATUS CONFERENCE RE: DISCOVERY ISSUES held on 6/4/2018, before Judge Tonianne J. Bongiovanni. Transcriber - Transcripts Plus, Inc. (215-862-1115). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Transcription Agency due, but not filed, by 7/4/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (kas ) |
Filing 30 Letter from Jennifer Porter re #29 Reply Brief to Opposition to Motion,. (Attachments: #1 Exhibit A - Plaintiff's Corrected Brief in Reply)(SCHLEY, MITCHELL) |
Filing 29 REPLY BRIEF to Opposition to Motion filed by JENNIFER PORTER re #16 First MOTION to Certify Class Conditional Certification of Collective under the Fair Labor Standards Act (Attachments: #1 Exhibit A, #2 Certificate of Service)(SCHLEY, MITCHELL) |
Filing 28 Letter from Jennifer Porter re #27 Letter, #26 Letter. (SCHLEY, MITCHELL) |
Filing 27 Letter from Thomas A. Linthorst. (LINTHORST, THOMAS) |
CLERK'S QUALITY CONTROL MESSAGE - The Letter d.e. #26 submitted by Emily Desmedt on 6/6/2018 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC OR SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (km) |
Filing 26 Letter from Defendant Merrill Lynch. (DESMEDT, EMILY) |
Filing 25 Letter from Jennifer Porter. (SCHLEY, MITCHELL) |
Filing 24 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Status Conference held on 6/4/2018 regarding discovery issues.Rulings made on the record. Status letters to be submitted. (Digitally recorded.) (eh, ) |
Filing 23 TEXT ORDER re #21 Letter, #22 Letter. Plaintiff shall file her Reply by no later than June 8, 2018. So Ordered by Judge Freda L. Wolfson on 6/1/2018. (Fang, W) |
Filing 22 Letter from Thomas A. Linthorst re #21 Letter. (LINTHORST, THOMAS) |
Filing 21 Letter from Jennifer Porter. (SCHLEY, MITCHELL) |
Filing 20 MEMORANDUM in Opposition filed by MERRILL LYNCH PIERCE FENNER & SMITH, INC. re #16 First MOTION to Certify Class Conditional Certification of Collective under the Fair Labor Standards Act (Attachments: #1 Declaration of Thomas A. Linthorst, #2 Exhibit 1 to Linthorst Declaration, #3 Exhibit 2 to Linthorst Declaration (Declaration of Brent Beverley), #4 Exhibit 3 to Linthorst Declaration (Declaration of Clark Fullman), #5 Exhibit 4 to Linthorst Declaration (Declaration of Jessica Kervick), #6 Exhibit 5 to Linthorst Declaration (Declaration of Nadia Khan), #7 Exhibit 6 to Linthorst Declaration (Declaration of Janet Shaffer), #8 Exhibit 6A to Linthorst Declaration, #9 Exhibit 7 to Linthorst Declaration (Declaration of Vanna Cagle), #10 Exhibit 8 to Linthorst Declaration, #11 Exhibit 9 to Linthorst Declaration, #12 Exhibit 10 to Linthorst Declaration, #13 Exhibit 11 to Linthorst Declaration, #14 Exhibit 12 to Linthorst Declaration)(LINTHORST, THOMAS) |
Filing 19 TEXT ORDER- In-Person Conference set for 6/4/2018 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. So Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm) |
Filing 18 TEXT ORDER re #17 Letter, Defendant's request for one cycle adjournment of Plaintiff's MOTION to Certify Class Conditional Certification of Collective under the Fair Labor Standards Act, is GRANTED. So Ordered by Judge Freda L. Wolfson on 5/1/2018. (Fang, W) |
Set/Reset Deadlines as to #16 First MOTION to Certify Class Conditional Certification of Collective under the Fair Labor Standards Act. Motion set for 6/4/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jmm, ) |
Filing 17 Letter from Thomas Linthorst to Judge Wolfson re #16 First MOTION to Certify Class Conditional Certification of Collective under the Fair Labor Standards Act. (Attachments: #1 Exhibit A to Letter to Judge Wolfson, #2 Exhibit B to Letter to Judge Wolfson)(LINTHORST, THOMAS) |
Set Deadlines as to #16 First MOTION to Certify Class Conditional Certification of Collective under the Fair Labor Standards Act. Motion set for 5/21/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) |
Filing 16 First MOTION to Certify Class Conditional Certification of Collective under the Fair Labor Standards Act by JENNIFER PORTER. Responses due by 5/7/2018 (Attachments: #1 Brief Memorandum of Law in Support of Motion, #2 Declaration of Plaintiff Jennifer Porter, #3 Exhibit A to Declaration of Plaintiff Jennifer Porter, #4 Declaration of opt-in Plaintiff Christine Rojas, #5 Declaration of Mitchell Schley, #6 Exhibit A to Declaration of Mitchell Schley: Notice of Lawsuit, Consent to Sue form, Reminder Letter, #7 Text of Proposed Order, #8 Certificate of Service)(SCHLEY, MITCHELL) |
Filing 15 Notice of Request by Pro Hac Vice Gianfranco J. Cuadra to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8584726.) (PECHMAN, LOUIS) |
Pro Hac Vice counsel, GIANFRANCO J. CUADRA, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mmh) |
Filing 14 Discovery Confidentiality Order. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/22/2018. (mmh) |
Filing 13 Certification on behalf of MERRILL LYNCH PIERCE FENNER & SMITH, INC.. (Attachments: #1 Text of Proposed Order)(DESMEDT, EMILY) |
Filing 12 ORDER granting #11 Motion for Leave to Appear Pro Hac Vice as to Gianfranco J. Cuadra. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/16/2018. (km) |
Filing 11 MOTION for Leave to Appear Pro Hac Vice by JENNIFER PORTER. (Attachments: #1 Brief, #2 Declaration of Louis Pechman, #3 Declaration of Gianfranco J. Cuadra, #4 Text of Proposed Order)(PECHMAN, LOUIS) |
Set Deadlines as to #11 MOTION for Leave to Appear Pro Hac Vice . Motion set for 4/2/2018 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) |
Filing 10 SCHEDULING ORDER: Telephone Conference set for 5/15/2018 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff to initiate the call. Any Motion to Amend the Pleadings and/or Join New Parties due by 2/9/2018. Fact Discovery due by 7/9/2018. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/12/2018. (km) |
Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 1/9/2018. (mm) |
Filing 9 ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 1/9/2018 02:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/16/2017. (km) |
Filing 8 ANSWER to Complaint by MERRILL LYNCH PIERCE FENNER & SMITH, INC..(LINTHORST, THOMAS) |
Clerk`s Text Order - The document #7 Application for Clerk's Order to Ext Answer/Proposed Order submitted by MERRILL LYNCH PIERCE FENNER & SMITH, INC. has been GRANTED. The answer due date has been set for 11/15/2017. (km) |
Filing 7 Application and Proposed Order for Clerk's Order to extend time to answer Attorney EMILY C. DESMEDT for MERRILL LYNCH PIERCE FENNER & SMITH, INC. added. (Attachments: #1 Text of Proposed Order)(DESMEDT, EMILY) |
Filing 6 NOTICE of Appearance by THOMAS ANTON LINTHORST on behalf of MERRILL LYNCH PIERCE FENNER & SMITH, INC. (LINTHORST, THOMAS) |
Filing 5 Corporate Disclosure Statement by MERRILL LYNCH PIERCE FENNER & SMITH, INC. identifying BAC North America Holding Company as Corporate Parent.. (DESMEDT, EMILY) |
Filing 4 NOTICE by JENNIFER PORTER FLSA Consent Form of Christine Rojas (SCHLEY, MITCHELL) |
Filing 3 SUMMONS Returned Executed by JENNIFER PORTER. MERRILL LYNCH PIERCE FENNER & SMITH, INC. served on 10/11/2017, answer due 11/1/2017. (SCHLEY, MITCHELL) |
Filing 2 SUMMONS ISSUED as to MERRILL LYNCH PIERCE FENNER & SMITH, INC. Attached is the official court Summons, please fill out Defendant and Plaintiff's attorney information and serve. Issued By *John Moller* (jem) |
Filing 1 COMPLAINT against MERRILL LYNCH PIERCE FENNER & SMITH, INC. ( Filing and Admin fee $ 400 receipt number 0312-8144631), filed by JENNIFER PORTER. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(SCHLEY, MITCHELL) |
Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (eaj, ) |
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