HICKTON v. ENTERPRISE RENT-A-CAR COMPANY, INC et al
| NICKOLAS C. HICKTON |
| ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, DOES 1 THROUGH 10, INCLUSIVE, ENTERPRISE LEASING COMPANY OF CHICAGO, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ELRAC, LLC and ENTERPRISE LEASING COMPANY OF FLORIDA, LLC |
| MICHAEL KEITH AVERILL, JR. |
| 2:2007cv01687 |
| December 11, 2007 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Joy Flowers Conti |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 28, 2013. A more recent docket listing may be available from PACER.
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Filing 328
ORDER granting #320 Unopposed Motion for Motion for Attorney Fees, Reimbursement of Expenses and Enhancement Payments. Signed by Judge Joy Flowers Conti on 08/28/2013. (ten)
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Filing 327
ORDER granting #321 Joint Motion for Final Approval of Class and Collective Action Settlement. Signed by Judge Joy Flowers Conti on 08/28/2013. (ten)
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Minute Entry for proceedings held before Judge Joy Flowers Conti: #321 Joint Motion for Final Approval of Class and Collective Action Settlement and #320 Unopposed Motion for Attorney Fees, Reimbursement of Expenses and Enhancement Payments GRANTED, for the reasons set forth on the record. (Court Reporter: Julie Kienzle). Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (ten)
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Filing 326
DECLARATION re #322 Declaration, Supplemental Declaration of Peter A. Muhic by NICKOLAS C. HICKTON. (Attachments: #1 Exhibit A) (Muhic, Peter)
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Filing 325
Errata re #324 Brief in Support of Motion by NICKOLAS C. HICKTON. Reason for Correction: Technical Error. (Muhic, Peter)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #320 Motion for Attorney Fees. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney Muhic advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion for Attorney Fees, Reimbursement of Expenses and Enhancement Payments to the Named Plaintiffs, Opt-in Plaintiffs and Sample Plaintiffs. This message is for informational purposes only. (ksa)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #321 Motion for Final Approval of Class and Collective Action Settlement. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney Muhic advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Joint Motion for Final Approval of Class and Collective Action Settlement. This message is for informational purposes only. (ksa)
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Filing 324
BRIEF in Support re #321 Motion for Final Approval of Class and Collective Action Settlement, filed by NICKOLAS C. HICKTON. (ksa)
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Filing 323
BRIEF in Support re #320 Motion for Attorney Fees, filed by NICKOLAS C. HICKTON. (ksa)
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Filing 322
DECLARATION re #321 Joint MOTION for Settlement Joint Motion for Final Approval of Class and Collective Action Settlement, #320 Unopposed MOTION for Attorney Fees, Reimbursement of Expenses and Enhancement Payments by NICKOLAS C. HICKTON Affiant: Peter A. Muhic. (Attachments: #1 Exhibit A, #2 Exhibit A1-A9, #3 Exhibit B-E, #4 Exhibit F-H) (Muhic, Peter)
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Filing 321
Joint MOTION for Final Approval of Class and Collective Action Settlement by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order, #2 Memorandum) (Muhic, Peter) Modified on 8/15/2013 to correctly title motion. (ksa)
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Filing 320
Unopposed MOTION for Attorney Fees, Reimbursement of Expenses and Enhancement Payments to the Named Plaintiffs, Opt-in Plaintiffs and Sample Plaintiffs by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order, #2 Memorandum) (Muhic, Peter) Modified on 8/15/2013 to add additional docket text. (ksa)
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Filing 319
Errata re #318 Order on Motion for Preliminary Approval of Settlement, Certification of Settlement Classes, and Approval of Settlement Notices. Reason for Correction: DOCUMENT CONTAINED THE WRONG DATE OF THE HEARING. (smc ) Modified on 5/1/2013. (tt)
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Filing 318
ORDER granting #316 Joint Motion for Preliminary Approval of Settlement, Certification of Settlement Classes, and Approval of Settlement Notices. On the 6th day of May, 2013, the Court heard a motion for preliminary approval of a proposed class and collective action settlement. The Court has considered the Agreement and its exhibits, including the Notice of Class and Collective Action Settlement for Members of the Federal/State Settlement Class; the Notice of Class and Collective Action Settlement for Members of the Collective Opt-In Class; the Claim and Consent to Join Settlement Form; the Election to Opt Out of Settlement and Class Action Form; and the submissions of counsel, and hereby ORDERED that the provisions thereof are adopted as an ORDER of this Court. The Court will conduct a Final Approval Hearing on 8/28/2013 at 10:30 AM to determine the overall fairness of the Settlement as well as consider Class Counsel's request for payment of attorneys' fees, reimbursement of litigation costs and Enhancement Payments to the Named Plaintiffs, the Opt-In Plaintiffs and the Sample Plaintiffs. The Final Approval Hearing may be continued without further notice to Class Members. The Parties shall file their motion for final approval of the Settlement, and Class Counsel shall file their motion for attorneys' fees, litigation costs and expenses, and Enhancement Payments on or before 8/14/2013. Signed by Judge Joy Flowers Conti on 4/29/2013. (smc ) Modified on 4/29/2013. Corrected date - SEE #319 ERRATA DOCUMENT CONTAINED THE WRONG DATE OF THE HEARING. (smc)
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Filing 317
BRIEF in Support re #316 Motion for Settlement Memorandum of Law in Support of Joint Motion for Preliminary Approval of Settlement, Certification of Settlement Classes, and Approval of Settlement Notices filed by NICKOLAS C. HICKTON. (Attachments: #1 Declaration of Peter A. Muhic in Support of Joint Motion, #2 Exhibit A to Declaration of Peter A. Muhic, #3 Exhibits B-D to Declaration of Peter A. Muhic) (Muhic, Peter) Modified on 4/15/2013 to correct typo. (ksa)
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Filing 316
Joint MOTION for Preliminary Approval of Settlement, Certification of Settlement Classes, and Approval of Settlement Notices by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter) Modified on 4/15/2013 to edit docket text. (ksa)
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Filing 315
REPLY in support re #309 Motion for Reconsideration, for reconsideration of order denying summary judgment filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Schwartz, Jason) Modified on 12/5/2012 to edit docket text. (ksa)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #314 Proposed Order. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa )
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ORDER granting #313 Motion for Leave to File Reply In Support of Reconsideration of Order Denying Summary Judgment. Reply to be filed within five business days of the entry of this order. Signed by Judge Joy Flowers Conti on 12/4/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) Modified on 12/5/2012 to edit docket text. (ksa)
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Filing 314
Proposed Order Granting #313 Motion to File Reply In Support of Motion for Reconsideration of Order Denying Summary Judgment by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Schwartz, Jason) Modified on 12/4/2012 document linkage corrected. Document linked to document #313 . (ksa)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #313 Motion for Leave to File. ERROR: Proposed Order was not attached. CORRECTION: Attorney Schwartz is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (ksa)
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Filing 313
MOTION for Leave to File Reply In Support of Reconsideration of Order Denying Summary Judgment (Hickton) by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Exhibit A Reply in Support of Reconsideration of Order Denying Summary Judgment (Hickton)) (Schwartz, Jason)
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Filing 312
BRIEF in Opposition re #309 Motion for Reconsideration Plaintiff Nickolas Hickton's Memorandum of law in Opposition to Defendant Enterprise Rent-A-Car Company of Pittsburgh, LLC's Motion for Reconsideration filed by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 311
SEALED DOCUMENT (Exhibit A to Motion for Reconsideration) by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (ksa)
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Filing 310
BRIEF in Support re #309 Motion for Reconsideration filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Schwartz, Jason)
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Filing 309
MOTION for Reconsideration re #307 Order, by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Proposed Order) (Schwartz, Jason)
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ORDER granting #308 Motion for Virginia A. Chentis to Appear Pro Hac Vice for plaintiffs. Signed by Judge Joy Flowers Conti on 10/11/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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Filing 308
MOTION for attorney Virginia A. Chentis to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2526579) by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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Filing 307
ORDER denying #212 Motion for Summary Judgment as to Plaintiff Nicholas Hickton. The court denies the motion for summary judgment for the reasons set forth in the accompanying memorandum opinion. Signed by Judge Joy Flowers Conti on 9/24/2012. (dmm)
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Filing 306
MEMORANDUM OPINION re #212 MOTION for Summary Judgment as to Plaintiff Nicholas Hickton. For the reasons set forth in this memorandum opinion, the court will deny the motion for summary judgment with respect to sample plaintiff Nicholas HIckton (ECF No. #212 ). A separate order will follow. Signed by Judge Joy Flowers Conti on 9/24/2012. (dmm)
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ORDER denying as moot #231 Sealed Motion. Signed by Judge Joy Flowers Conti on 9/24/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dmm)
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ORDER denying without prejudice #302 Motion for Virginia A. Chentis to Appear Pro Hac Vice. According to Local Rule 83.2(b) all motions for admission Pro Hac Vice must be submitted by a member of the bar of this Court on behalf of the attorney to be admitted Pro Hac Vice. Signed by Judge Joy Flowers Conti on 8/29/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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SEALED ORDER, Motions terminated: #216 SEALED MOTION. The sealed motion (ECF No. #216 ) is denied as moot because defendant previously filed the same motion (ECF No. #212 ), which is still pending, at a different docket number and not under seal. Signed by Judge Joy Flowers Conti on 7/28/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tcg)
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Filing 305
MANDATE of USCA as to #287 Notice of Appeal filed by NICKOLAS C. HICKTON. The District Court's Order dated August 13, 2010 is Affirmed. (Attachments: #1 Court's Opinion, #2 Court's Mandate Letter) (ai3)
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Filing 304
JUDGMENT OF USCA as to #287 Notice of Appeal filed by NICKOLAS C. HICKTON, et al.. The District Court's Order dated August 13, 2010 is Affirmed. No costs to be taxed. Mandate will follow. (ai3)
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Filing 302
MOTION for attorney Virginia A. Chentis to Appear Pro Hac Vice, on behalf of Plaintiff (Filing fee $40, Receipt # 0315-2411997) by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Chentis, Virginia)
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ORDER granting #301 Motion to Withdraw Michelle A. Coccagna on Behalf of Plaintiff. Signed by Judge Joy Flowers Conti on 4/24/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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Filing 301
MOTION to Withdraw Motion for Withdrawal of Appearance of Michelle A. Coccagna on Behalf of Plaintiff by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 300
RESPONSE to Plaintiffs' Notice of Supplemental Authority to #299 Notice, filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (O'Keefe, Daniel)
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Filing 299
NOTICE of Supplemental Authority by NICKOLAS C. HICKTON re #295 Notice (Attachments: #1 Exhibit A) (Muhic, Peter)
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Filing 298
NOTICE of Consent Filing as to Julie Greco by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 297
RESPONSE to Plaintiffs' Notice of Supplemental Authority to #295 Notice, filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (O'Keefe, Daniel)
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Filing 296
NOTICE of Consent Filing as to Graham Edwards by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 295
NOTICE of Supplemental Authority by NICKOLAS C. HICKTON (Muhic, Peter)
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Filing 294
NOTICE of Consent Filing as to Eve Matura by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 293
NOTICE of Consent Filing as to Curt Aftanas by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 292
SEALED DOCUMENT by NICKOLAS C. HICKTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (ksa)
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Filing 291
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (ksa)
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Filing 290
NOTICE of Consent Filing as to Christopher G. Montalbano by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 289
SEALED DOCUMENT (Master Supplemental Memorandum regarding the "Sham Affidavit" Issue by NICKOLAS C. HICKTON. (ksa)
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Filing 288
SEALED DOCUMENT (Supplemental Memorandum of Law regarding the "Sham Affidavit Issue" by NICKOLAS C. HICKTON. (ksa)
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Filing 286
NOTICE of Consent Filing as to Jennifer Donahue, Kent Alan Lane, Michael T. Manion, Nicholas Rosatti, Bert Smith, Charmaine L. Stinson by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 285
NOTICE of Consent Filing as to Peter A. Hunter, Jocelyn Waters by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 284
Filing fee: $ 455.00, receipt number 24668011725 for #283 Notice of Appeal. (ksa)
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Filing 282
NOTICE of Consent Filing as to Julbert J. Abraham by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 281
NOTICE of Consent Filing as to Matthew Austin, Laurie M. Babbitt, Maria Drew, Christopher D. Kunkle, Dean Schoendorfer, Lea M. Siget by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 287
NOTICE OF APPEAL as to #283 Order on Petition for Leave to Appeal by NICKOLAS C. HICKTON. Filing fee $455. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter: Virginia Pease. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (ksa)
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Filing 283
ORDER OF USCA GRANTING Permission for Leave to Appeal. (ksa)
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Filing 280
NOTICE of Consent Filing as to Jennifer Beuttenmuller by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 279
NOTICE of Consent Filing as to Alicia Borden, Christopher J. Furness by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 278
NOTICE of Consent Filing as to Amanda G. Floyd, Michael J. Nahill by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 277
NOTICE of Consent Filing as to Shakia Gillum, Denise Guido by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 276
NOTICE of Consent Filing as to Deanna S. Etling, Michelle Garstecki, Mark Prata by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 275
NOTICE of Consent Filing as to Brian Mannarino by NICKOLAS C. HICKTON. (Muhic, Peter)
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ORDER granting #274 Motion to Withdraw as Attorney. Attorney Joshua P. Chadwick terminated. Signed by Judge Joy Flowers Conti on 6/24/2011. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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Filing 274
MOTION to Withdraw as Attorney (Joshua P. Chadwick) by ELRAC, LLC, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC, ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Proposed Order) (Chadwick, Joshua)
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Filing 273
NOTICE of Consent Filing as to Brandon Chin, Zane A. Corslund, Brad E. Guinn, Alicia (Ginn) Hill, Alyssa C. Sheehan by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 272
NOTICE of Consent Filing as to Deron S. Morgan, Christopher Zeitz by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 271
NOTICE of Consent Filing as to Steven Smith, Kristen Tomaselli by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 270
NOTICE of Consent Filing as to Elizabeth A. Noroski, Scott Sarsfield by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 269
NOTICE of Consent Filing as to Michael Baker, Lance Harper Eror, Matthew P. Hrenkevich, John Thiel by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 268
NOTICE of Consent Filing as to Daniel Brown, Christopher Dougherty, Mark E. Patterson, Stephen A. Toniatti, Jessica Zacherl by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 267
NOTICE of Consent Filing as to Michael R. Brown Jr., Matthew Davis, Kathy Mimler by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 266
NOTICE of Consent Filing as to Sheena Easton by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 265
NOTICE of Consent Filing as to Bryan Bloom, Lee A. Cousin, Shannon Deegan, Kevin D. Harris, William Thompson, Keith Williams by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 264
NOTICE of Consent Filing as to Melissa A. Crocker Bnower, Tegan Janocha, Brian J. Radcliffe by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 263
NOTICE of Consent Filing as to Jonathan Ayoub, Nicole R. Smith-Rencewicz by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 262
NOTICE of Consent Filing as to Shannon M. Hughes by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 261
NOTICE of Consent Filing as to Christina Walters by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 260
NOTICE of Consent Filing as to Gabrielle Norwood by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 259
NOTICE of Consent Filing as to Kevin E. Reimer by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 258
NOTICE of Consent Filing as to James Hargro by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 257
NOTICE of Consent Filing as to John Doe by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 256
ORDER granting #255 Motion to Withdraw as Attorney. Attorney Robert J. Gray terminated as counsel for Plaintiff Nickolas Hickton. Signed by Judge Joy Flowers Conti on 5/19/2011. (smc )
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Filing 255
MOTION to Withdraw as Attorney as to Robert J. Gray on Behalf of Plaintiff by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter) Modified on 5/19/2011 to correctly title motion. (ksa)
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Filing 254
ORDER granting #248 Motion for Leave to Appeal. Signed by Judge Joy Flowers Conti on 5/17/2011. (njb)
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Filing 253
NOTICE of Consent Filing as to Kevin Boyle, Thomas Campbell, Maurice P. Davis, Michael Fineman, Carl R. Kreger III, Matt Sparacino, Sherri Titus by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 252
NOTICE of Consent Filing as to Joseph B. Litz, Valerie Tomczyk by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 251
NOTICE of Consent Filing as to Jeremy Crawford, Larissa Josephson, Alison L. Kissinger by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 250
NOTICE of Consent Filing as to Jose E. Alvarez, Jennifer Marie Booth, David Hiester, Corinne Lewis, William J. Mannella III, Rashid E. Williams by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 249
NOTICE of Consent Filing as to Joseph W. Simak by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 248
MOTION for Leave to Appeal Plaintiffs Motion for Entry of an Order Pursuant to 28 U.S.C. Sec. 1292(b) Certifying for Interlocutory Appeal the Court's Order Granting Defendants Motion for Summary Judgment on Joint Employer Issues by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 247
STIPULATION Joint stipulation on Previously Filed Consent Forms by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 246
NOTICE of Consent Filing as to Aaron Curry, Jonathan W. Diamond, Maureen Haggerty by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 245
NOTICE of Consent Filing as to Daniel Bonilla, Michael W. Bryant, Antwan Demery, Sean Hughes, Erin E. Kennison, Nicole Perez, Julie Robbins (formerly Horton), Brian Sand, Johannah Smith, George Walaan, Corey Walsh, Todd C. Young, Kelly A. Yurchick by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 244
NOTICE of Consent Filing on behalf of Tara Claffey, David Dickey, Nolan Dzielak, Kimberly Foglia, Andrew Komar, Danyielle Komar, Amy Novik, James Purdy by NICKOLAS C. HICKTON. (Muhic, Peter) Modified on 5/3/2011 to indicate on whose behalf consents are being filed. (ksa)
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Filing 243
NOTICE of Consent Filing as to Franco A. Alvisi, Greg Colamarino, Richard Elias, Rosheda Hatcher, Sean Krzysiak, Kristie Matias, Gregory Matthew Sherlock, Jonathan Smith, Kyle Trauger, Philip Washington, Tracey Webber, Vicki Wurst, Joseph Wurst, Kristin Yakulis and Mikail A. Young by NICKOLAS C. HICKTON (Muhic, Peter) Modified on 4/29/2011 to indicate on whose behalf consents are being filed. (ksa)
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Filing 242
NOTICE of Consent Filing as to Matt DiCicco, Robert A. Graeser Jr., Patrick Houseman, James McCullough, Antonio R. Oliveira, Robert R. Steck, Stacy Warholic and Salim Washington by NICKOLAS C. HICKTON (Muhic, Peter) Modified on 4/29/2011 to indicate of whose behalf consents are being filed. (ksa)
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Filing 241
NOTICE of Consent Filing as to Joshua Deitle, David Allan Gladowski, Allison Guzowski, John B. Howell, Ju Bin Kim, Laura B. Lewis, Michelle Lund, Anthony Miller, Paul Potter and Bryan Rudden by NICKOLAS C. HICKTON (Muhic, Peter) Modified on 4/29/2011 to indicaqte on whose behalf consents are being filed. (ksa)
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Filing 240
NOTICE of Consent Filing on behalf of Alaina Alessio, Angela Andrus, Eloiza Birch, Travis Brenchi, Tina M. Corrado, Clint Evans, Christopher R. Harrison, Thomas M. Hill, Fahima Knectrick f/k/a/ Fahima Chowdhusy, Maayan Moskow, Nick Offenbacher, Kristin Panek, William Papa, Laura Sciarra, Michael Shreffler, Sean Surmacz, Michael A. Trawick, Sr., and Al-Nisa White by NICKOLAS C. HICKTON (Muhic, Peter) Modified on 4/29/2011 to indicate on hose behalf consents are being filed. (ksa)
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Filing 239
NOTICE of Consent Filing by Mary Elizabeth Andriko-Moore, Rebecca Bacan-Silvis, Ethan C. Bown, Jeffrey Boyle, Christopher H. Camilletti, Katherine Domke, Nydia Erney, Johnathan M. Fetzko, Elizabeth L. Gillman (formerly Gaskill), Dustin R. Golub, Megan Hargest, Justin Hock, Richard Holly, Marcus D. Jeter, Kassandra Keating, David P. Morgan, Jennifer Palanti, Danielle C. Reaves, Nicole (Nicoletti) Resnick, Jamie Rusk, Daniel Valle, and Denis Weigert by NICKOLAS C. HICKTON (Muhic, Peter) Modified on 4/21/2011 to add additional docket text. (ksa)
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Filing 238
NOTICE of Consent Filing for Stephanie Briggs, Chadd A. Garner, Kimberly Nl. Hooper, Brandon Johnson, Elizabeth lansberry, Grover Lassiter, Bret M. Noroski, Kevin Porath and Juliann M. Sebastanelli by NICKOLAS C. HICKTON (Muhic, Peter) Modified on 4/20/2011 to add additional docket text. (ksa)
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Filing 237
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 236
NOTICE of Withdrawal and Refiling of Joint Consolidated Statements of Fact by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC (Schwartz, Jason)
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Filing 235
ORDER granting #234 Motion to Amend the Court's Conditional Certification Order. The collective classes identified in the Court's Amended Certification Order granting conditional collective certification are further clarified as stated in this order. It is further ORDERED that the FLSA Notice and Consent to Sue form attached as Exhibit A to the Joint Motion are approved. Signed by Judge Joy Flowers Conti on 4/4/2011. (smc ) Modified on 4/5/2011. Typo. (smc )
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Filing 234
Joint MOTION to Amend/Correct the Court's Conditional Certification Order by MICHAEL KEITH AVERILL, JR, ELRAC, LLC, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC, NICKOLAS C. HICKTON. (Attachments: #1 Exhibit A, #2 Proposed Order) (Muhic, Peter)
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Filing 233
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC, NICKOLAS C. HICKTON. (ksa)
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Filing 232
SEALED DOCUMENT by ELRAC, LLC, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, f/k/a Enterprise Leasing Company of Chicago, ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC, ENTERPRISE RENT-A-CAR COMPANY, INC. (ksa)
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Filing 231
SEALED MOTION by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order) (ksa)
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Filing 230
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (ksa)
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Filing 229
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Exhibit 28 Lansberry 2nd Supplemental Decl., #2 Exhibit 29 Lansberry Supplemental Decl.) (ksa)
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Filing 228
SEALED DOCUMENT by ELRAC, LLC, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, f/k/a Enterprise Leasing Company of Chicago, ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC (Attachments: #1 Exhibit 37 Scanlan Order Denying Class Cert., #2 Exhibit 38 Zabady Consent Order Dismissing Class Claims (DE 98), #3 Exhibit 39 Supplemental Graham Excerpts, #4 Exhibit 40 Supplemental Hagstrom Excerpts, #5 Exhibit 42 Supplemental McQuaig Excerpts, #6 Exhibit 43 Supplemental Bajkowski Excerpts, #7 Exhibit 44 Evaluations by Plaintiffs) (ksa) (Additional attachment(s) added on 3/8/2011: #8 Exhibit 41 Supplemental Hickton Excerpts) (ksa, ).
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Filing 227
SEALED DOCUMENT by ELRAC, LLC, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, f/k/a Enterprise Leasing Company of Chicago, ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Exhibit 28 Wilder Deposition Excerpts, #2 Exhibit 29 Keyes Deposition Excerpts, #3 Exhibit 30 Mogauro Deposition Excerpts, #4 Exhibit 31 Nettles Deposition Excerpts, #5 Exhibit 32 Adams Deposition Excerpts, #6 Exhibit 33 Aquilino v. Home Depot, #7 Exhibit 34 Amended Notice of Deposition of Pamela Nicholson, #8 Exhibit 25 Pay Plans) (ksa)
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Filing 226
SEALED DOCUMENT by ELRAC, LLC, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, f/k/a Enterprise Leasing Company of Chicago, ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (ksa)
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Filing 225
SEALED DOCUMENT by ELRAC, LLC, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, f/k/a Enterprise Leasing Company of Chicago, ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (ksa)
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Filing 224
REPLY BRIEF by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC re #212 Motion for Summary Judgment as to Plaintiff Nickolas Hickton filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Schwartz, Jason)
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Filing 223
REPLY BRIEF by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC re #212 Motion for Summary Judgment, #205 Brief in Support of Motion, on Sample Plaintiff Exemptions filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Schwartz, Jason)
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Filing 222
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27) (ksa)
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Filing 221
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14) (ksa)
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Filing 220
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Exhibit 2, #2 Exhibit 3) (ksa)
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Filing 219
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (ksa)
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Filing 218
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (ksa)
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Filing 217
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (ksa)
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Filing 216
SEALED MOTION by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Proposed Order) (ksa)
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Filing 215
ORDER granting #211 Motion to Withdraw Motion for Summary Judgment As To Plaintiff Nickolas Hickton. The Motion for Summary Judgment as to Plaintiff Nickolas Hickton, filed on December 6, 2010, as Docket Entry 256 in No. 2:09-mc-00210, and as Docket Entry #204 in No. 2:07-cv-01687, is hereby WITHDRAWN. Signed by Judge Joy Flowers Conti on 2/18/2011. (smc )
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Filing 214
CONCISE STATEMENT OF MATERIAL FACTS re #212 Motion for Summary Judgment by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Schwartz, Jason)
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Filing 213
BRIEF in Support re #212 Motion for Summary Judgment as to Plaintiff Nickolas Hickton filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Schwartz, Jason)
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Filing 212
MOTION for Summary Judgment as to Plaintiff Nickolas Hickton by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Schwartz, Jason)
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Filing 211
MOTION to Withdraw #204 MOTION for Summary Judgment as to Plaintiff Nickolas Hickton by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Schwartz, Jason)
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Filing 210
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 209
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 208
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 207
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 206
SEALED DOCUMENT (Defendants/ Master Memorandum in Support of Summary Judgment on Sample Plaintiff Exemptions) by ELRAC, LLC, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, f/k/a Enterprise Leasing Company of Chicago, ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (ksa)
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Filing 205
BRIEF in Support re #204 Motion for Summary Judgment on Sample Plaintiff Exemptions filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC, ENTERPRISE LEASING COMPANY OF CHICAGO, LLC, f/k/a Enterprise Leasing Company of Chicago, ENTERPRISE LEASING COMPANY - SOUTH CENTRAL, LLC, ELRAC, LLC, ENTERPRISE LEASING COMPANY OF FLORIDA, LLC. (O'Keefe, Daniel)
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Filing 204
MOTION for Summary Judgment as to Plaintiff Nickolas Hickton by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC. (Attachments: #1 Proposed Order) (O'Keefe, Daniel)
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Filing 203
STATUS REPORT Joint Status Report by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 202
AMENDED ORDER re #201 Memorandum & Opinion, Order. It is hereby ORDERED that the Order of August 13, 2010 granting plaintiffs' motion for conditional certification (Docket No. 73, Misc. No. 09-210) and further ordering the collective class conditional certification pursuant to the FLSA is AMENDED and RESTATED as set forth in the attached Amended Order. Signed by Judge Joy Flowers Conti on 9/2/10. (njb)
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Filing 201
MEMORANDUM OPINION AND ORDER re #147 MOTION to Certify Class filed by NICKOLAS C. HICKTON. IT IS ORDERED that plaintiffs' motion for conditional certification IS GRANTED as set forth more fully in the memorandum opinion and order. Signed by Judge Joy Flowers Conti on 8/13/2010. (bjk)
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Filing 200
ORDER denying without prejudice #143 Motion to Dismiss; granting #162 Motion for Summary Judgment. Signed by Judge Joy Flowers Conti on 8/13/2010. (bjk)
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Filing 199
MEMORANDUM OPINION re #162 MOTION for Summary Judgment on Joint Employer Issues filed by ENTERPRISE RENT-A-CAR COMPANY, INC, #143 MOTION to Dismiss re #131 Notice (Other) filed by ENTERPRISE RENT-A-CAR COMPANY, INC. For the reasons explained more fully in this memorandum opinion, the court will deny without prejudice ERAC-Missouri's motion to dismiss and grant ERAC-Missouri's motion for summary judgment on joint employer issues. Signed by Judge Joy Flowers Conti on 8/13/2010. (bjk)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #196 Notice (Other). ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)
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Filing 197
CERTIFICATE OF SERVICE by MICHAEL KEITH AVERILL, JR, NICKOLAS C. HICKTON of Plaintiffs' Memorandum, Dec. of Peter A. Muhic & Exhibits A-G thereto in support of Opposition to Defendant's Motion to Quash. (Muhic, Peter)
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Filing 196
NOTICE Plaintiffs' Notice of Second Supplemental Authority in Support of Motion for Conditional Collective Certification by MICHAEL KEITH AVERILL, JR, NICKOLAS C. HICKTON re #147 Motion to Certify Class. (Attachments: #1 Exhibit A) (Muhic, Peter) Modified on 8/9/2010 document linkage corrected. Document linked to document #147 . (ksa)
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Filing 198
MOTION to Quash Plaintiffs' Notice of Deposition of Pamela Nicholson by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Proposed Order) (ksa)
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Filing 195
SUPPLEMENTAL CASE MANAGEMENT ORDER re Conforming Pleadings, Later-Transferred Cases or Newly Joined Defendants, and Further Pleading. Signed by Judge Joy Flowers Conti on 7/30/2010. (bjk)
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ORDER granting #194 Motion for Withdrawal of Appearance of Robert W. Biela on Behalf of Plaintiff. Signed by Judge Joy Flowers Conti on 7/28/2010. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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Filing 194
MOTION to Withdraw Appearance of Robert W. Biela on behalf of Plaintiff by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 193
RESPONSE to #192 Notice of Supplemental Authority filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC, ENTERPRISE RENT-A-CAR COMPANY, INC. (O'Keefe, Daniel) Modified on 7/8/2010. (jsp)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #192 Notice (Other). ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)
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Filing 192
NOTICE Plaintiffs' Notice of Supplemental Authority in Support of Motion for Conditional Collective Certification by NICKOLAS C. HICKTON re #147 Motion. (Attachments: #1 Exhibit A) (Muhic, Peter) Modified on 6/28/2010 document linkage corrected. Document linked to document #147 . (ksa)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #190 Brief in Support of Motion. ERROR: Wrong event selected. CORRECTION: Re-docketed as Supplement. This message is for informational purposes only. (ept)
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Filing 191
SUPPLEMENT by ENTERPRISE RENT-A-CAR COMPANY, INC to #163 Brief in Support of Motion. (Attachments: #1 Exhibit A) (ept)
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Filing 190
BRIEF in Support re #162 Motion for Summary Judgment on Joint Employer Issues (Supplemental Brief) filed by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit A) (Schwartz, Jason) Wrong event selected. Document removed from public view and redocketed at #191 . Modified on 5/28/2010. (ept)
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Filing 189
NOTICE of Change of Address by Peter M. Petro (Petro, Peter)
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Filing 188
NOTICE of Appearance by Daniel M. O'Keefe on behalf of ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC, ENTERPRISE RENT-A-CAR COMPANY, INC. (O'Keefe, Daniel)
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Filing 187
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (ksa)
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Filing 186
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (ksa)
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Filing 185
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (ksa)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #183 Reply. ERROR: Wrong event selected. CORRECTION: Re-docketed as Reply Brief. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE re #183 Reply. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)
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Filing 184
REPLY BRIEF (Redacted) by ENTERPRISE RENT-A-CAR COMPANY, INC re #162 Motion for Summary Judgment filed by ENTERPRISE RENT-A-CAR COMPANY, INC. "Document previously filed electronically" (ksa)
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Filing 183
REPLY Memorandum in Support of Summary Judgment on Joint Employer Issues [Redacted] filed by ENTERPRISE RENT-A-CAR COMPANY, INC. (Schwartz, Jason) Modified on 4/12/2010 ERROR: Wrong event selected. Document removed from public view and redocketed correctly. (ksa)
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Filing 182
SEALED DOCUMENT by NICKOLAS C. HICKTON. (Attachments: #1 Exhibits 1-4, #2 Exhibits 5-23) (ksa)
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Filing 181
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 180
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 179
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 178
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 177
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 176
CERTIFICATE OF SERVICE by NICKOLAS C. HICKTON. (Muhic, Peter)
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Filing 175
ORDER granting #174 Motion to Substitute Party. ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, LLC, f/k/a Enterprise Rent-A-Car Company of Pitsburgh added. ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH terminated. Signed by Judge Joy Flowers Conti on 3/10/2010. (smc)
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Filing 174
Joint MOTION to Substitute Party Joint Motion to Substitute Defendants by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 173
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (ksa)
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Filing 165
CERTIFICATE OF SERVICE by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, ENTERPRISE RENT-A-CAR COMPANY, INC. (O'Keefe, Daniel)
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Filing 172
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit 17, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22, #7 Exhibit 23, #8 Exhibit 24, #9 Exhibit 25, #10 Exhibit 26, #11 Exhibit 27, #12 Exhibit 28, #13 Exhibit 29, #14 Exhibit 30, #15 Exhibit 31, #16 Exhibit 32, #17 Exhibit 33, #18 Exhibit 34, #19 Exhibit 35, #20 Exhibit 36) (ksa)
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Filing 171
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (ksa)
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Filing 170
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Certificate of Service) (ksa)
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Filing 169
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 23, #11 Exhibit 24, #12 Exhibit 25) (ksa)
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Filing 168
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (ksa)
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Filing 167
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (ksa)
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Filing 166
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Certificate of Service) (ksa)
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Filing 164
CERTIFICATE OF SERVICE by ENTERPRISE RENT-A-CAR COMPANY, INC. (Schwartz, Jason)
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Filing 163
BRIEF in Support re #162 Motion for Summary Judgment on Joint Employer Issues [Redacted] filed by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Statement of Facts, #2 Appendix of Exhibits, #3 Exhibits 1-12, #4 Exhibit 13, #5 Exhibit 14, #6 Exhibit 15, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 18, #10 Exhibit 19, #11 Exhibit 20, #12 Exhibit 21, #13 Exhibit 22, #14 Exhibit 23, #15 Exhibit 24, #16 Exhibit 25) (Schwartz, Jason)
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Filing 162
MOTION for Summary Judgment on Joint Employer Issues by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Proposed Order) (Schwartz, Jason)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #161 Notice (Other). ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)
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Filing 161
NOTICE of Withdrawal of Certain Declarations re #151 Sealed Document by NICKOLAS C. HICKTON (Muhic, Peter) Modified on 1/13/2010 document linkage corrected. Document linked to document #151 (ksa).
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ORDER: As set forth on the record at the August 26, 2009 status conference at Misc. No. 09-210, #64 Motion for Summary Judgment and #68 Sealed Motion are denied without prejudice. The court explained it would not decide the summary judgment motions on an expedited basis, and will address summary judgment issues with respect to all consolidated cases at a later time. The two related motions ( #97 Motion for Leave to File and #98 Motion for Hearing) are denied as moot. Signed by Judge Joy Flowers Conti on 1/4/2010. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjk) Modified on 1/4/2010. (bjk)
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ORDER granting #160 Motion for Jason Conway to Appear Pro Hac Vice representing Plaintiff Nickolas Hickton. Signed by Judge Joy Flowers Conti on 12/2/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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Filing 160
MOTION for attorney Jason Conway to Appear Pro Hac Vice, on behalf of Plainitff (Filing fee $40, Receipt # 03150000000001443819) by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Conway, Jason)
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Filing 159
NOTICE of Consent Filings of Arisa Dalpiaz and Richard Elias by NICKOLAS C. HICKTON (Muhic, Peter)
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ORDER granting #157 Motion for Jason J. Mendro to Appear Pro Hac Vice. Signed by Judge Joy Flowers Conti on 11/18/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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ORDER granting #158 Motion for Joshua P. Chadwick to Appear Pro Hac Vice. Signed by Judge Joy Flowers Conti on 11/18/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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Filing 158
MOTION for attorney Joshua P. Chadwick to Appear Pro Hac Vice, (Filing fee $40, Receipt # 03150000000001432508) by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit A (Declaration of Joshua P. Chadwick), #2 Proposed Order) (Schwartz, Jason)
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Filing 157
MOTION for attorney Jason J. Mendro to Appear Pro Hac Vice, (Filing fee $40, Receipt # 03150000000001432506) by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit A (Declaration of Jason J. Mendro), #2 Proposed Order) (Schwartz, Jason)
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Filing 156
Consent MOTION for Extension of Time to File Response/Reply as to #144 Brief in Support of Motion, #143 MOTION to Dismiss re #131 Notice (Other) by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 155
Consent MOTION to Extend Time to File Response to #143 Motion to Dismiss by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter) Modified on 11/12/2009 to add document linkage. Document linked to document #143 . (ksa)
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ORDER re #12 Motion to Dismiss, Motion to Stay, Motion to Transfer Case filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, ENTERPRISE RENT-A-CAR COMPANY, INC. As set forth on the record at the November 3, 2009, Monthly Status Conference, defendants' motion to dismiss (Doc. No. #143 ) subsumes the remaining issues with respect to defendants' motion to dismiss, stay, or transfer (Doc. No. #12 ). The motion to dismiss, stay, or transfer is thus denied without prejudice. Signed by Judge Joy Flowers Conti on 11/6/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjk)
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ORDER granting #154 Motion for James R. Wyrsch to Appear Pro Hac Vice. Signed by Judge Joy Flowers Conti on 11/5/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #154 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (ksa)
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Filing 154
MOTION for attorney James R. Wyrsch to Appear Pro Hac Vice, (Filing fee $40, Receipt # 03150000000001418570) by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit A) (O'Keefe, Daniel)
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ORDER granting #111 Motion for P. Mark Petro to Appear Pro Hac Vice on behalf of Michael Keith Averill. Signed by Judge Joy Flowers Conti on 10/29/09. (smc ) Modified on 10/30/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc )
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Filing 153
ORDER granting #140 Motion to Seal. The Memorandum of Law, Declaration and Exhibits Thereto in Support of Plaintiffs Motion for Conditional Collective Certification Pursuant to 29 U.S.C. 216(b) shall be filed under seal on or before October 22, 2009. Signed by Judge Joy Flowers Conti on 10/21/09. (smc )
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Filing 152
ORDER granting #139 Motion for Extension of Time to Answer. Defendants response to Plaintiffs Amended Master Complaint is due on October 21, 2009. Signed by Judge Joy Flowers Conti on 10/21/09. (smc ) Modified on 10/29/2009 to correct typo. (ksa)
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ORDER granting #141 Motion for Withdrawal of Appearance of Gerald D. Wells, III on Behalf of Plaintiff. Signed by Judge Joy Flowers Conti on 10/21/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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Filing 151
SEALED DOCUMENT by NICKOLAS C. HICKTON. (Attachments: #1 Exhibits A-C, #2 Exhibits D-F, #3 Exhibit G, #4 Exhibits H-Z, #5 Exhibits AA-HH, #6 Exhibits II-JJ) (ksa)
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Filing 150
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 149
AMENDED MASTER COMPLAINT against ENTERPRICE RENT-A-CAR COMPANY OF PITTSBURGH, ENTERPRISE RENT-A-CAR COMPANY, INC, filed by NICKOLAS C. HICKTON. (Muhic, Peter) Modified on 10/26/2009 to correct typo and name defendants. (ksa)
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Filing 148
CERTIFICATE OF SERVICE by NICKOLAS C. HICKTON of Documents Filed Under Seal. (Muhic, Peter)
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Filing 147
MOTION to Certify Class Motion for (1) Conditional Collective Certification; (2) Court Authorized Notice; and (3) Production of Names and Addresses Pursuant to 29 U.S.C. Sec. 216(b) by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 146
Proposed Order re #143 Motion to Dismiss by ENTERPRISE RENT-A-CAR COMPANY, INC. (O'Keefe, Daniel)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #143 Motion to Dismiss. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (ksa)
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Filing 145
ANSWER to Complaint AND #131 NOTICE OF ADOPTION OF AMENDED MASTER COMPLAINT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (O'Keefe, Daniel) Modified on 10/22/2009 document linkage corrected. Document linked to document #131 . (ksa)
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Filing 144
BRIEF in Support re #143 Motion to Dismiss filed by ENTERPRISE RENT-A-CAR COMPANY, INC. (O'Keefe, Daniel)
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Filing 143
MOTION to Dismiss re #131 Notice (Other) by ENTERPRISE RENT-A-CAR COMPANY, INC. (O'Keefe, Daniel)
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Filing 142
Errata re #139 Motion for Extension of Time to File Answer, by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, DOES 1 THROUGH 10, INCLUSIVE. Reason for Correction: All Cases Not Listed. (Attachments: #1 Proposed Order 1) (O'Keefe, Daniel)
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Filing 141
MOTION to Withdraw Appearance of Gerald D. Wells, III on behalf of Plaintiff by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 140
MOTION to Seal Memo of Law, Declaration & Exhibits In Support of Motion for Conditional Certification by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 139
Consent MOTION for Extension of Time to File Answer re #131 Notice (Other) filed by NICKOLAS C. HICKTON of Adoption of Amended Master Complaint by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, DOES 1 THROUGH 10, INCLUSIVE. (Attachments: #1 Proposed Order) (O'Keefe, Daniel)
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Filing 138
ORDER granting #136 Joint Motion to Extend Deadlines. Defendants may respond to the Amended Master Complaint on or before October 19, 2009. Plaintiffs Motion for Collective Action Certification and supporting brief to be filed on or before October 22, 2009; Defendants Response to Plaintiffs Motion for Collective Action Certification to be filed on or before November 23, 2009; Plaintiffs Reply to Defendants Response to be filed on or before December 21, 2009. Signed by Judge Joy Flowers Conti on 10/15/09. (smc )
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Filing 137
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 15, 2008 before Judge Joy Flowers Conti. Court Reporter Virginia S. Pease, Telephone number 412-208-7385. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 10/22/2009. Redaction Request due 11/5/2009. Redacted Transcript Deadline set for 11/16/2009. Release of Transcript Restriction set for 1/14/2010. (vp, )
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Filing 136
Joint MOTION to Extend Time by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #134 Brief in Opposition - Other. ERROR: Wrong event selected. CORRECTION: Re-docketed as Response (other). This message is for informational purposes only. (ksa)
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Filing 135
RESPONSE to #125 Supplement, filed by NICKOLAS C. HICKTON. "Document previously filed electronically" (ksa)
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Filing 134
BRIEF in Opposition to #125 Supplement, filed by NICKOLAS C. HICKTON. (Muhic, Peter) Modified on 10/6/2009 ERROR: Wrong event selected. Document removed from public view and redocketed correctly. (ksa)
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Filing 133
REPLY to #126 Supplement, filed by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (O'Keefe, Daniel)
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Filing 131
NOTICE of Adoption of Amended Master Complaint by NICKOLAS C. HICKTON (Muhic, Peter)
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Filing 130
ORDER granting #128 PLAINTIFFS UNOPPOSED MOTION TO EXTEND TIME TO FILE AMENDED MASTER COMPLAINT. Plaintiffs shall file their Amended Master Complaint on September 18, 2009. Plaintiffs in the other actions may file a notice of adoption of the Amended Master Complaint on or before September 25, 2009. Defendants shall answer or otherwise respond to the Amended Master Complaint on or before October 15, 2009. Signed by Judge Joy Flowers Conti on 9/23/09. (smc )
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Filing 129
Errata re #128 Motion for Extension of Time to File Amended Master Complaint by NICKOLAS C. HICKTON. Reason for Correction: Correcting Docket Number. (Attachments: #1 Proposed Order) (Muhic, Peter)
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ORDER granting #127 Motion for James A. Maro to Appear Pro Hac Vice for the purpose of representing Plaintiff Nickolas Hickton. Signed by Judge Joy Flowers Conti on 9/21/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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Filing 128
Unopposed MOTION for Extension of Time to File Amended Master Complaint by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 127
MOTION for attorney James A. Maro to Appear Pro Hac Vice, on behalf of Plaintiff Nickolas Hickton (Filing fee $40, Receipt # 03150000000001372330) by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Maro, James)
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Filing 126
SUPPLEMENT by NICKOLAS C. HICKTON to Minute Entry (dated 8/12/2009. (Muhic, Peter)
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Filing 125
SUPPLEMENT by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH to Minute Entry (dated 8/12/2009). (O'Keefe, Daniel)
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Filing 124
STATUS REPORT -- Joint Discovery Proposal and Report by ENTERPRISE RENT-A-CAR COMPANY, INC. (Schwartz, Jason)
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Minute Entry for proceedings held before Judge Joy Flowers Conti: Motion Hearing held on 8/12/2009 re #109 MOTION for Leave to File First Amended Class/Collective Action Complaint filed by NICKOLAS C. HICKTON. As set forth on the record, plaintiff's motion to file an amended complaint is granted in part and denied in part; the caption may be amended to add plaintiffs, but the Florida subsidiary cannot be added as a defendant. The individual who was employed by the Florida subsidiary can opt-in to the Graham action, and the caption in Graham may likewise be amended to include that individual. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter: V. Pease) (bjk)
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Filing 123
NOTICE of Supplemental Authorities by ENTERPRISE RENT-A-CAR COMPANY, INC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Schwartz, Jason)
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Filing 122
OBJECTIONS to Portions of the Proposed Master Case Management Order #118 Errata by ENTERPRISE RENT-A-CAR COMPANY, INC. (Schwartz, Jason)
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Filing 121
ORDER re #119 Errata, filed by ENTERPRISE RENT-A-CAR COMPANY, INC, #116 Stipulated Protective Order filed by ENTERPRISE RENT-A-CAR COMPANY, INC. Based upon the foregoing Stipulation Order for Confidentiality, it is hereby ORDERED that the provisions thereof are adopted as an ORDER of this Court. Signed by Judge Joy Flowers Conti on 7/27/09. (smc )
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Filing 120
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 23, 2008 before Judge Joy Flowers Conti. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 7/31/2009. Redaction Request due 8/14/2009. Redacted Transcript Deadline set for 8/24/2009. Release of Transcript Restriction set for 10/23/2009. (rtf, )
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Filing 119
Errata re #116 Stipulated Protective Order, Quality Control message - Caption/case number of document does not match case, by ENTERPRISE RENT-A-CAR COMPANY, INC. Reason for Correction: Captions, signatures, request leave for sealed filings. (Attachments: #1 Exhibit A, #2 Exhibit B) (Schwartz, Jason)
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Filing 118
Errata re #117 Proposed Case Management Order, Quality Control message - No signature s/, by ENTERPRISE RENT-A-CAR COMPANY, INC. Reason for Correction: Caption and signatures. (Schwartz, Jason)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #117 Proposed Case Management Order. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (ksa)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #116 Stipulated Protective Order, #117 Proposed Case Management Order. ERROR: Caption and/or Case number of document does not match caption and/or case number of case. CORRECTION: Attorney is directed to file an Errata with corrected caption/and or case number for CA 07-1687. This message is for informational purposes only. (ksa)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #116 Stipulated Protective Order. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (ksa)
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Filing 117
Notice of Joint Case Management Report by ENTERPRISE RENT-A-CAR COMPANY, INC. (Schwartz, Jason) Modified on 7/22/2009 to correctly title document. (ksa)
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Filing 116
STIPULATED PROTECTIVE ORDER by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Schwartz, Jason)
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Filing 115
DECLARATION re #114 MOTION to Appoint Counsel Plaintiff's Motion for Appointment of Lead Administrative Counsel by NICKOLAS C. HICKTON Affiant: Gerald D. Wells, III. (Attachments: #1 Exhibit A) (Wells, Gerald)
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Filing 114
MOTION to Appoint Counsel Plaintiff's Motion for Appointment of Lead Administrative Counsel by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Wells, Gerald)
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Filing 113
RESPONSE to Motion re #109 Motion for Leave to File First Amended Class/Collective Action Complaint filed by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit A, #2 Proposed Order) (Schwartz, Jason)
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Filing 112
NOTICE of Supplemental Authority by NICKOLAS C. HICKTON re #82 Sealed Document, #83 Sealed Document (Attachments: #1 Exhibit A) (Biela, Robert)
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ORDER granting #108 Motion for Leave to File Notice of Supplemental Authority. Plaintiff's Notice of Supplemmental Authority shall be filed within 5 business days of the entry of this order. Signed by Judge Joy Flowers Conti on 7/13/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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ORDER granting #110 Motion for Peter A. Muhic to Appear Pro Hac Vice for Plaintiff. Signed by Judge Joy Flowers Conti on 7/13/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) Modified on 7/14/2009 to add text-only info. (ksa)
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Filing 111
First MOTION for attorney Peter Mark Petro to Appear Pro Hac Vice, (Filing fee $40, Receipt # 03150000000001295545) by MICHAEL KEITH AVERILL, JR. (Attachments: #1 Affidavit, #2 Proposed Order) (Petro, Peter)
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Filing 110
MOTION for attorney Peter A. Muhic to Appear Pro Hac Vice, on behalf of Plaintiff (Filing fee $40, Receipt # 03150000000001293472) by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Muhic, Peter)
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Filing 109
MOTION for Leave to File First Amended Class/Collective Action Complaint by NICKOLAS C. HICKTON. (Attachments: #1 Exhibit A, #2 Proposed Order) (Wells, Gerald)
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Filing 108
MOTION for Leave to File [Corrected] Notice of Supplemental Authority by NICKOLAS C. HICKTON. (Attachments: #1 Exhibit Plaintiff's [Corrected] Notice of Supplemental Authority, #2 Proposed Order) (Biela, Robert)
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Filing 107
MOTION for Leave to File Notice of Supplemental Authority by NICKOLAS C. HICKTON. (Attachments: #1 Exhibit A to Motion for Leave to File Notice of Supplemental Authority, #2 Proposed Order) (Biela, Robert)
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Filing 106
NOTICE of Consent Filing by NICKOLAS C. HICKTON (Wells, Gerald)
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Filing 105
ORDER granting #104 Motion to Withdraw. Nick S. Williams shall be removed as counsel for Plaintiff in the above-captioned matter. Signed by Judge Joy Flowers Conti on 6/24/09. (smc )
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Filing 104
MOTION to Withdraw Appearance of Nick S. Williams on Behalf of Plaintiff by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Gray, Robert)
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Case Management set for 7/14/2009 10:00 AM in Courtroom 5A before Joy Flowers Conti. (jsp) Modified on 6/23/2009. (bjk)
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Filing 103
ORDER granting #101 Motion for Case Management Conference on Related Actions Transferred by the Panel on Multidistrict Litigations. A case managment conference for all related actions will be held in Courtroom 5A at 10:00 AM on the 14th Day of July 2009. Signed by Judge Joy Flowers Conti on 6/22/09. (smc )
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Filing 102
RESPONSE to Motion re #101 Motion for Case Management Conference on Related Actions Transferred by the Panel on Multidistrict Litigation, filed by NICKOLAS C. HICKTON. (Biela, Robert) Modified on 6/19/2009. (tt)
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Filing 101
MOTION for Case Management Conference on Related Actions Transferred by the Panel on Multidistrict Litigation by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit A (MDL Transfer Order), #2 Proposed Order) (Schwartz, Jason)
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Filing 132
Certified Copy of Transfer Order received from the Judicial Panel on Multidistrict Litigation. (Attachments: #1 Transferee Clerk Letter, #2 Transferee Judge Letter) (ksa) Modified on 10/6/2009 to correct filing date. (ksa) Modified on 10/8/2009. (tt)
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Filing 100
REPLY to Response to Motion re #97 Motion for Leave to File, #99 Response to Motion. Plaintiff's Reply in Support of his Motion for Leave to File a Sur-Reply Under Seal in Opposition to Defendant's Motion for Summary Judgment filed by NICKOLAS C. HICKTON. (Biela, Robert)
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Filing 99
RESPONSE to Motion re #97 Motion for Leave to File Sur-Reply filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Schwartz, Jason)
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Set/Reset Hearings: Motion Hearing set for 6/11/2009 is reset for 7/29/2009 04:30 PM in Courtroom 5A before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc )
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Filing 98
MOTION for Hearing re #64 MOTION for Summary Judgment filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Schwartz, Jason)
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Filing 97
MOTION for Leave to File a Sur-Reply Under Seal in Support of His Opposition to Defendant's Motion for Summary Judgment by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Biela, Robert) Modified on 6/8/2009 to edit docket text. (ksa)
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Filing 96
REDACTION to #80 Brief in Support - Other, #81 Sealed Document, Notice of Correction to #80 and #81 by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit A, #2 Exhibit B) (Schwartz, Jason)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #95 Notice (Other). ERROR: Attorney Schwartz is advised for future reference that if you need to make a correction to a previously filed document to use the event ERRATA located under other documents as the purpose of this event is to make a correction to a previously filed document. This message is for informational purposes only. (ksa)
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Filing 95
NOTICE of Correction by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH re #80 Brief in Support - Other, #81 Sealed Document. (Attachments: #1 Exhibit A, #2 Exhibit B) (Schwartz, Jason) Modified to remove Exhibit B from public view due to typographical error on 6/5/2009. (jsp)
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Filing 94
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (ksa)
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Filing 93
SEALED DOCUMENT by NICKOLAS C. HICKTON. (Attachments: #1 Declaration of Robert Gray, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P) (ksa)
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Filing 92
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH (Attachments: #1 Exhibit 28, #2 Exhibit 29) (ksa)
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Filing 91
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (ksa)
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Filing 90
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (ksa)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #88 Appendix. ERROR: Wrong event selected. CORRECTION: Re-docketed as Supplement. This message is for informational purposes only. (ksa)
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Filing 89
SUPPLEMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH to #67 Appendix. (Attachments: #1 Exhibit 28, #2 Exhibit 29) (ksa)
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Filing 88
Appendix to #64 Motion for Summary Judgment by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit 28, #2 Exhibit 29) (Schwartz, Jason) Modified on 5/27/2009 ERROR: Wrong event selected. Document removed from public view and redocketed correctly. (ksa)
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Filing 87
REPLY Statement of Material Facts to #64 Motion for Summary Judgment, filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Schwartz, Jason)
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Filing 86
REPLY BRIEF by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH re #64 Motion for Summary Judgment filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Schwartz, Jason)
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Filing 85
ORDER granting #84 Joint Motion to Extend Reply Brief Deadlines and to Enlarge Page Limitations. Signed by Judge Joy Flowers Conti on 5/22/09. (smc )
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Filing 84
Joint MOTION for Extension of Time to File Response/Reply and to Enlarge Page Limitations by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Schwartz, Jason)
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Filing 83
SEALED DOCUMENT by NICKOLAS C. HICKTON. (ksa)
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Filing 82
SEALED DOCUMENT by NICKOLAS C. HICKTON. (Attachments: #1 Appendix with Exhibits 1-6, #2 Appendix Exhibit 7, #3 Appendix Exhibits 8-19) (ksa)
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Filing 81
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit 1 Rick Short Declaration, #2 Exhibit 2 Ken Kreh Declaration, #3 Exhibit 3 Tim Nettles Declaration, #4 Exhibit 4 David Litzau Declaration, #5 Exhibit 5 Short Depo Excerpts, #6 Exhibit 6 Nettles Depo Excerpts, #7 Exhibit 7 Adams Depo Excerpts, #8 Exhibit 8 Marcellino Depo Excerpts, #9 Exhibit 9 Klopenstein Depo Excerpts, #10 Exhibit 10 Lease, #11 Exhibit 11 Contract Complete First Page, #12 Exhibit 12 Sample Contracts Blank, #13 Exhibit 13 Policies, #14 Exhibit 14 Training, #15 Exhibit 15 Hickton Acknowledgment, #16 Exhibit 16 Sheriff Application, #17 Exhibit 17 Eastern District of Michigan King Opinion, #18 Exhibit 18 Eastern District of Louisiana Zabady Transfer Order, #19 Exhibit 19 Excerpts from 4/23/08 Transcript, #20 Exhibit 20 Memo to Cunningham, #21 Exhibit 21 Remarketing Memo, #22 Exhibit 22 Retirement) (ksa)
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Filing 80
BRIEF in Support of #12 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case and in Opposition to the Exercise of Personal Jurisdiction filed by ENTERPRISE RENT-A-CAR COMPANY, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22) (Schwartz, Jason)
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Filing 79
Second MOTION for Leave to File Excess Pages for Responsive Concise Statement of Material Facts by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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Filing 78
ORDER granting #77 Motion for Leave to File Excess Pages. Plaintiff shall be granted leave to file a responsive concise statement of facts in excess of fifteen (15) pages, but not to exceed twenty (20) pages. Signed by Judge Joy Flowers Conti on 5/8/09. (smc )
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ORDER granting #79 Motion for Leave to File Excess Pages. AND NOW, this 8th day of May, 2009, it is hereby ordered that Plaintiff's Second Motion to Exceed Page Limitations is hereby GRANTED. Plaintiff shall be granted leave to file a responsive concise statement of facts in excess of twenty (20) pages, but not to exceed twenty-three (23) pages. Signed by Judge Joy Flowers Conti on 5/8/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjk)
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Filing 77
MOTION for Leave to File Excess Pages by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Wells, Gerald)
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Filing 76
ORDER entered re #75 Motion to Extend Time for Briefs and Supporting Documents Under Seal; granting #75 Motion for Leave to File Briefs and Supporting Documents Under Seal. Plaintiffs opposition to Defendants motion and brief in support of summary judgment (with a separate concise statement of facts) shall be filed by May 8, 2009 with Defendants reply (with a separate reply statement of facts) to be filed by May 22, 2009 and Defendants joint concise statement of material facts to be filed by June 2, 2009. Defendants opposition to Plaintiffs brief in support of the Courts exercise of personal jurisdiction over Defendant Enterprise Rent- A-Car shall be filed by May 8, 2009 with Plaintiffs reply to be filed by May 22, 2009. Signed by Judge Joy Flowers Conti on 4/28/09. (smc )
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Filing 75
Joint MOTION to Extend Time to Briefing Schedule, Joint MOTION for Leave to File Briefs and Supporting Documents under Seal, Joint MOTION to Seal Document by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #68 Sealed Motion. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney Schwartz advised that in future, proposed orders are to be submitted as a separate PDF document so that it can be made an attachment to the main document. This message is for informational purposes only. (ksa)
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Filing 74
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27) (ksa)
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Filing 73
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14) (ksa)
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Filing 72
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit 2, #2 Exhibit 3) (ksa)
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Filing 71
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (ksa)
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Filing 70
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (ksa)
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Filing 69
SEALED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (ksa)
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Filing 68
SEALED MOTION by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (ksa)
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Filing 67
Appendix to #64 Motion for Summary Judgment by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27) (Schwartz, Jason)
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Filing 66
CONCISE STATEMENT OF MATERIAL FACTS re #64 Motion for Summary Judgment by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Schwartz, Jason)
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Filing 65
BRIEF in Support re #64 Motion for Summary Judgment filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Schwartz, Jason)
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Filing 64
MOTION for Summary Judgment by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Schwartz, Jason)
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Filing 63
SEALED DOCUMENT by NICKOLAS C. HICKTON. (Attachments: #1 Exhibit Declaration of Gerald D. Wells, III, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F Part 1 of 6, #8 Exhibit F Part 2 of 6, #9 Exhibit F Part 3 of 6, #10 Exhibit F Part 4 of 6, #11 Exhibit F Part 5 of 6, #12 Exhibit F Part 6 of 6, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M, #20 Exhibit N, #21 Exhibit O, #22 Exhibit P, #23 Exhibit Q, #24 Exhibit R, #25 Exhibit S, #26 Certificate of Service) (ksa)
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Filing 62
ORDER granting #61 Motion for Leave to File Briefs and Documents Under Seal; granting #61 Motion to Seal Document as further stated in the order. Signed by Judge Joy Flowers Conti on 4/10/09. (smc )
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Filing 61
Joint MOTION for Leave to File Briefs and Documents under Seal, Joint MOTION to Seal Document by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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Filing 60
ORDER granting #59 Motion to Extend Time for Briefing Schedules and to Enlarge Page Limitations; granting #59 Motion for Leave to File Excess Pages. The briefing schedule on the issue of personal jurisdiction over ERAC-Missouri shall be extended four (4) days: if Plaintiff wishes to proceed against ERAC-Missouri, Plaintiff is required to submit a brief on the issue of personal jurisdiction over ERAC-Missouri not to exceed twenty-five (25) pages by April 10, 2009, with Defendants response not to exceed twenty-five (25) pages due by May 1, 2009, and Plaintiffs reply to the response not to exceed fifteen (15) pages due by May 15, 2009. The briefing schedule for the motion for summary judgment on Plaintiffs individual claims shall be extended four (4) days: the motion for summary judgment not to exceed twenty-five (25) pages (with a separate concise statement of facts not to exceed fifteen (15) pages) shall be filed by April 10, 2009, the opposition to the summary judgment motion not to exceed twenty-five (25) pages (with a separate response concise statement of facts not to exceed fifteen (15) pages) shall be filed by May 1, 2009, the reply to the summary judgment motion not to exceed fifteen (15) pages (with a separate reply statement of facts not to exceed ten (10) pages) shall be filed by May 15, 2009, and the joint concise statement of material facts shall be filed by May 26, 2009. Pursuant to the Courts May 13, 2008 Order, the statute of limitations shall continue to be tolled as to all stayed claims. Signed by Judge Joy Flowers Conti on 4/3/09. (smc )
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Filing 59
Joint MOTION to Extend Time to Briefing Schedule, Joint MOTION for Leave to File Excess Pages by NICKOLAS C. HICKTON, ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Schwartz, Jason)
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Filing 58
ORDER re #57 Stipulation, filed by NICKOLAS C. HICKTON, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, ENTERPRISE RENT-A-CAR COMPANY, INC.. Based upon the foregoing Stipulated Order On Confidentiality, it is hereby ORDERED that the provisions thereof are adopted as an ORDER of this Court. Signed by Judge Joy Flowers Conti on 1/29/09. (smc )
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Filing 57
STIPULATION And Proposed Order on Confidentiality by NICKOLAS C. HICKTON, ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit A -- Declaration and Agreement to be Bound by Court Order Governing Confidentiality of Information, #2 Exhibit B -- Notice of Election to Adopt Stipulated Order on Confidentiality) (Schwartz, Jason)
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Filing 56
CASE MANAGEMENT ORDER: Summary Judgment due by 4/6/2009. Response to Summary Judgment due by 4/27/2009. Reply brief due by 5/11/2009. Statement of Facts due by 5/22/2009. Signed by Judge Joy Flowers Conti on 1/22/09. (smc )
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Filing 55
ORDER granting #54 Joint Motion to Extend The Discovery Period and Briefing Schedules. An amended order on summary judgment will be entered. It is further ordered that the tolling of the statute of limitations for all stayed claims, previously ordered on May 13, 2008, shall remain in effect. The hearing set for April 2, 2009 is reset for June 11, 2009 at 4:30 pm in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 1/22/09. (smc )
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Filing 54
Joint MOTION for Extension of Time to Complete Discovery and the Briefing Schedule by NICKOLAS C. HICKTON, ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Schwartz, Jason) Modified on 1/15/2009to correctly title motion. (ksa)
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Filing 53
STIPULATION And Proposed Order on Confidentiality by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit A -- Declaration and Agreement to be Bound by Court Order Governing Confidentiality of Information, #2 Exhibit B -- Notice of Election to Adopt Stipulated Order on Confidentiality) (Schwartz, Jason)
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Filing 52
CORRECTIVE ENTRY re Order on Motion to Appear Pro Hac Vice. #51 Motion for Michelle A. Coccagna to Appear Pro Hac Vice for Plaintiff. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) Modified on 12/17/2008 to add text-only info. (ksa)
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ORDER granting 52 Motion for Nick S. Williams to Appear Pro Hac Vice for plaintiff. Signed by Judge Joy Flowers Conti on 12/15/08. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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ORDER granting #51 Motion for Michelle A. Coccagna to Appear Pro Hac Vice for Plaintiff. Signed by Judge Joy Flowers Conti on 12/16/08. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) Corrected document number. Modified on 12/16/2008. (smc )
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Filing 51
MOTION for attorney Michelle A. Coccagna to Appear Pro Hac Vice, on behalf of Plaintiff Filing fee $ 40 Receipt # 03150000000001088108 by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Coccagna, Michelle)
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Filing 50
MOTION for attorney Nick S. Williams to Appear Pro Hac Vice, on behalf of Plaintiff Filing fee $ 40 Receipt # 03150000000001088083 by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Williams, Nick)
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Filing 49
CASE MANAGEMENT ORDER: Summary Judgment due by 2/5/2009. Response to Summary Judgment due by 2/26/2009. Reply brief due by 3/12/2009. Statement of Facts due by 3/23/2009. Signed by Judge Joy Flowers Conti on 10/17/08. (smc)
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Minute Entry for proceedings held before Judge Joy Flowers Conti: status conference held on 10/15/2008. As set forth on the record, discovery is extended until 1/15/2009, on the limited issue of whether personal jurisdiction exists over the parent entity. If plaintiffs wish to proceed against the parent, they must brief the issue of personal jurisdiction over the parent by 2/5/2009. Defendants response due by 2/26/2009. Reply to response due by 3/12/2009. Hearing on issue of personal jurisdiction set for 4/2/2009 02:00 PM in Courtroom 5A before Joy Flowers Conti. Discovery is also extended until 1/15/2009 with respect to Hicktons individual claims. Movant for summary judgment on Hicktons individual claims must file motion by 2/5/2009. Response to motion due by 2/26/2009. Reply to response due by 3/12/2009. Movant must file joint concise statement of material facts by 3/23/2009. Statute of limitations is tolled for the discovery period. Summary judgment order to follow. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter: Virginia Pease) (bjk)
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Filing 48
RESPONSE to Plaintiff's 9/15/08 letter to the Court filed by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Schwartz, Jason)
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Set/Reset Hearings: Status Conference set for 10/9/2008 is reset for 10/15/2008 04:30 PM in Courtroom 5A before Judge Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc )
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Set/Reset Hearings: Telephone Status Conference set for 10/9/2008 11:00 AM before Judge Joy Flowers Conti. Plaintiff shall initiate the call. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc )
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Filing 47
MEMORANDUM OPINION AND ORDER denying #12 Motion to Dismiss. Defendants motion to dismiss the PMWA class action claim (Doc. No. #12 ), is DENIED subject to the court having original jurisdiction over that claim under CAFA. In the event that it is later determined that the court does not have original jurisdiction under CAFA of that claim, the court would decline to exercise supplemental jurisdiction and the claim would be dismissed, without prejudice. Signed by Judge Joy Flowers Conti on 9/12/2008. (bjk, )
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Filing 46
NOTICE of Appearance by Melanie L. Katsur on behalf of ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH (Katsur, Melanie)
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Filing 45
NOTICE of Order by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH (Attachments: #1 Exhibit A to Notice of Order) (Schwartz, Jason)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #43 Brief in Support of Motion. ERROR: Wrong event selected. CORRECTION: Re-docketed as Supplemental Brief. This message is for informational purposes only., CLERK'S OFFICE QUALITY CONTROL MESSAGE re #43 Brief in Support of Motion, #13 Brief in Support of Motion. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (plh)
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Filing 44
SUPPLEMENTAL BRIEF by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH to #13 Brief in Support of Motion. (plh) Modified on 6/26/2008. (jsp)
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Filing 43
BRIEF in Support re #12 Motion to Dismiss, Motion to Stay, Motion to Transfer Case , Supplemental Brief Regarding Putative Pennsylvania Class Action Claim filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Schwartz, Jason) Modified on 6/25/2008. (plh) This document removed from public view and redocked at No. #44 .
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Filing 42
BRIEF in Opposition to #12 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case, Plaintiff's Supplemental Brief in Support of This Court's Exercise of Jurisdiction Over Plaintiff's State Claims filed by NICKOLAS C. HICKTON. (Yates, Alfred)
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Filing 41
ANSWER to #1 Complaint, by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Schwartz, Jason) Modified on 5/30/2008 to correct typo. (ksa)
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Filing 40
NOTICE of Appearance by Jason C. Schwartz on behalf of ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH (Schwartz, Jason)
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Filing 39
ORDER This matter came before this Court for hearing on April 23, 2008. The Court heard argument from both parties. The Court also reviewed the parties legal briefs, including Defendants Motion to Dismiss, Stay or Transfer, Defendants supporting memorandum, Plaintiffs memorandum in opposition, and both a reply brief and surreply brief that the Court permitted the parties to file in its discretion. Having considered all matters submitted to it at the hearing and before, and in order to avoid duplicative litigation, it is hereby ORDERED that: All claims asserted in the Complaint against defendant Enterprise Rent-A-Car Company, a Missouri corporation, are STAYED until further order of the Court following application by one or more parties to lift the stay. All claims asserted in the Complaint on behalf of Assistant Branch Managers other than plaintiff Hickton himself, or any others who are permitted to join this suit, are STAYED until further order of the Court following application by one or more parties to lift the stay. All putative nationwide claims asserted in the Complaint are STAYED until further order of the Court. The Parties have stipulated and agreed before the Court that the statute of limitations shall be tolled as to all stayed claims. Plaintiff Hickton may proceed to litigate his individual claims against defendant Enterprise Rent-A-Car Company of Pittsburgh. If any other plaintiffs should be permitted to join this suit, their individual claims maybe litigated as well. Plaintiff Hickton may proceed to litigate his putative collective claims asserted in the Complaint on behalf of Branch Managers only against defendant Enterprise Rent-A-Car Company of Pittsburgh, limited to those Branch Managers employed by defendant Enterprise Rent-A-Car Company of Pittsburgh, and subject to any further orders of this Court with respect to collective action certification. Plaintiff Hickton may file supplemental briefing by no later than twenty (20) calendar days after entry of this Order regarding whether this Court should exercise jurisdiction over the putative state wage and hour claims asserted in the Complaint. Defendants may file a response to Plaintiffs supplemental briefing within twenty (20) calendar days after Plaintiffs filing. Signed by Judge Joy Flowers Conti on 5/14/08. (smc ) Modified on 5/16/2008 to correct typo (ksa).
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #38 Errata. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)
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Filing 38
Errata re #36 Proposed Order filed jointly by the parties as directed by the Court in the #33 Minute Entry for Hearing on 23 April 2008 by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. Reason for Correction: Signature. (Abramowich, Patrick) Modified on 5/15/2008 document linkage corrected. Document linked to document #36 . (ksa)
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Filing 37
TRANSCRIPT of Motion Hearing Proceedings held on 4/23/2008 before Judge Conti. Court Reporter: Richard T. Ford. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 5/23/2008. Transcript to be made public on 8/13/2008. (ksa)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #36 Proposed Order. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (ksa)
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Filing 36
Proposed Order filed jointly by the parties as directed by the Court in the #33 Minute Entry for Hearing on 23 April 2008 by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Abramowich, Patrick)
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Filing 35
CASE MANAGEMENT ORDER: Discovery due by 10/14/2008, Status Conference set for 10/15/2008 04:30 PM in Courtroom 5A before Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 5/9/08. (smc )
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Remark: The parties have contacted chambers and indicated that, in an effort to submit a proposed order as directed by the court, the parties have ordered the transcript of the April 23, 2008 hearing on defendants motion to dismiss, transfer or stay. The parties shall submit the order after the parties have had an opportunity to receive and review the transcript of the aforementioned proceedings. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (amj)
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Filing 34
AMENDED DOCUMENT by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. Amendment to #32 Report of Rule 26(f) Planning Meeting, #33 Motion Hearing. (Attachments: #1 Proposed Order) (Abramowich, Patrick) Modified on 5/1/2008 to edit docket text (ksa).
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Filing 33
Minute Entry for proceedings held before Judge Joy Flowers Conti : Motion Hearing held on 4/23/2008 re #12 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, ENTERPRISE RENT-A-CAR COMPANY, INC. The court held a hearing on defendants motion to dismiss, stay or transfer. As set forth more fully on the record, the court stayed the action with respect to ERAC-Missouri until one or the other parties seek to lift the stay. The court directed the parties to submit a proposed order regarding the proposed stay and tolling issues. The court directed the parties to submit additional briefing regarding the exercise of supplemental jurisdiction with respect to the state law class action claims. The parties are directed to submit a revised 26(f) report within one week. (Court Reporter: Rick Ford) (amj)
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Filing 32
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Order) (Abramowich, Patrick)
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Update Answer Deadline: Answer due from ENTERPRISE RENT-A-CAR COMPANY, INC on 5/19/2008; ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH on 5/19/2008. (ksa)
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Filing 31
WAIVER OF SERVICE Returned Executed on 3/20/2008 by NICKOLAS C. HICKTON. Answer due 5/19/2008. (Yates, Alfred) Modified on 3/27/2008 to indicate date waiver was returned and date answer due (ksa).
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Filing 30
ORDER granting #28 Motion for Extension of Time to File Proof of Service for Defendant Enterprise Rent-A-Car Company. Plaintiffs shall file proof of service for defendant by Monday, April 14, 2008. Signed by Judge Joy Flowers Conti on 3/18/08. (smc )
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Filing 29
PRAECIPE to Reissue Summons by NICKOLAS C. HICKTON (Attachments: #1 Exhibit A (Summons for Enterprise Rent-A-Car Company)) (Yates, Alfred)
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Filing 28
MOTION for Extension of Time to File - Plaintiff's Motion for Enlargement of Time Pursuant to Fed.R.Civ.P. 4(m) to File Proof of Service for Defendant Enterprise Rent-A-Car by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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Summons Reissued as to ENTERPRISE RENT-A-CAR COMPANY, INC. (mjl)
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Filing 27
Sur-Reply Brief by NICKOLAS C. HICKTON re #12 Defendants' Motion to Dismiss, Stay, or Transfer filed by NICKOLAS C. HICKTON. (Attachments: #1 Exhibit A #2 Exhibit B) (Yates, Alfred) Modified on 3/7/2008 document linkage corrected. Document linked to document #12 (ksa).
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Filing 26
ORDER granting #25 Motion for Leave to File a Sur-Reply in Support of their Opposition to Defendants' Motion to Dismiss, Stay or Transfer. Reply must be filed within three business days of the entry of this order. Signed by Judge Joy Flowers Conti on 3/6/08. (smc )
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Filing 25
MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss, Stay, or Transfer by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order #2 Exhibit 1 (Plaintiff's Proposed Sur-reply) #3 Exhibit 1A (Exhibit A to Plaintiff's Proposed Sur-reply) #4 Exhibit 1B (Exhibit B to Plaintiff's Proposed Sur-reply)) (Yates, Alfred)
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Filing 24
REPLY to Response to Motion re #20 Response to Motion, #12 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case. filed by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C #4 Exhibit D) (Abramowich, Patrick)
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ORDER granting #23 Motion for Oral Argument on #12 Defendants' Motion to Dismiss, Stay, or Transfer by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, ENTERPRISE RENT-A-CAR COMPANY, INC. Motion Hearing set for 4/23/2008 04:30 PM in Courtroom 5A before Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 2/26/08. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc )
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ORDER granting #22 Motion For Leave To File Reply In Support Of Their Motion To dismiss, Stay, Or Transfer. Defendants are granted leave to file a Reply Memorandum not to exceed 10 pages with all footnotes to be included in the body of the Reply Memorandum. Signed by Judge Joy Flowers Conti on 2/26/08. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
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Filing 23
MOTION for Hearing re #12 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case filed by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, ENTERPRISE RENT-A-CAR COMPANY, INC by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Abramowich, Patrick)
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Filing 22
MOTION for Leave to File Reply in Support of Their Motion to Dismiss, Stay, or Transfer by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Exhibit A #2 Proposed Order) (Abramowich, Patrick)
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Filing 21
CASE MANAGEMENT ORDER: Pursuant to Rule 26(f), the parties must confer to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case and to make or arrange for the disclosures required by Rule 26(a)(1) on or before 3/24/2008. The parties shall confer as necessary and file with the Clerk of Court a report within fourteen (14) days after the Rule 26(f) Conference. The Rule 26(f) Report shall be filed no later than 4/7/08. An Initial Rule 16 Scheduling Conference is scheduled at 4:30 PM on 4/23/2008 in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 2/21/08. (smc ) Modified on 2/22/2008 to correct typo (ksa).
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Filing 20
RESPONSE to Motion re #12 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case in Opposition filed by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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Filing 19
ORDER granting #18 Motion for Leave to File Excess Pages. Plaintiff is granted leave to file a memorandum of law to respond in opposition to defendants' motion to dismiss not to exceed 20 pages, excluding table of contents, table of authorities, and exhibits. Signed by Judge Joy Flowers Conti on 2/11/08. (smc ) Modified on 2/15/2008 to correct typo (ksa).
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Filing 18
MOTION for Leave to File Excess Pages by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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Filing 17
ORDER on Motion Practice. Signed by Judge Joy Flowers Conti on 1/23/08. (smc )
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #14 Proposed Order. ERROR: Proposed Orders should not be filed as a main document unless ordered by the Court to file a proposed order. CORRECTION: Attorney Abramowich is advised for future reference that it you forget to attach a proposed order as an attachment to a motion to use the errata event to correct the fact that you forgot to add an attachment. The proposed order has been added as an attachment to the Motions filed at document #12 . This message is for informational purposes only. (ksa)
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Filing 16
Disclosure Statement identifying Enterprise Rent-A-Car Company as corporate parent, by ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Abramowich, Patrick)
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Filing 15
Disclosure Statement identifying The Crawford Group, Inc. as corporate parent, by ENTERPRISE RENT-A-CAR COMPANY, INC. (Abramowich, Patrick)
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Filing 14
Proposed Order re #12 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Abramowich, Patrick) Modified on 1/23/2008 to remove document from public view and add it is an attachment to document #12 (ksa).
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Filing 13
BRIEF in Support re #12 MOTION to Dismiss MOTION to Stay MOTION to Transfer Case filed by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order #2 Exhibit A #3 Exhibit B #4 Exhibit C #5 Exhibit D #6 Exhibit E #7 Exhibit F #8 Exhibit G #9 Exhibit H #10 Exhibit I #11 Exhibit J) (Abramowich, Patrick)
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Filing 12
MOTION to Dismiss, MOTION to Stay, MOTION to Transfer Case by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Abramowich, Patrick) (Attachment(s) #1 Proposed Order added on 1/23/2008. (ksa)
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Filing 11
ORDER granting #10 Motion for Leave to File Excess Pages. Signed by Judge Joy Flowers Conti on 1/22/08. (smc )
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Filing 10
MOTION for Leave to File Excess Pages by ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (Attachments: #1 Proposed Order) (Abramowich, Patrick)
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Filing 9
NOTICE of Appearance by John R. Gotaskie, Jr on behalf of ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH (Gotaskie, John)
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Filing 8
NOTICE of Appearance by Patrick L. Abramowich on behalf of ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH (Abramowich, Patrick)
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ORDER granting #6 Motion to Appear Pro Hac Vice. Robert J. Gray is admitted pro hac vice for plaintiff. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Joy Flowers Conti on 1/14/08. (smc)
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ORDER granting #7 Motion to Appear Pro Hac Vice. Robert W. Biela is admitted pro hac vice for plaintiff. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Joy Flowers Conti on 1/14/08. (smc )
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ORDER granting #5 Motion to Appear Pro Hac Vice. Gerald D. Wells, III is admitted pro hac vice for plaintiff. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Joy Flowers Conti on 1/14/08. (smc )
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Filing 7
MOTION for attorney Robert W. Biela to Appear Pro Hac Vice. Filing fee $ 40 Receipt # 777349 by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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Filing 6
MOTION for attorney Robert J. Gray to Appear Pro Hac Vice. Filing fee $ 40 Receipt # 777348 by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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Filing 5
MOTION for attorney Gerald D. Wells, III to Appear Pro Hac Vice. Filing fee $ 40 Receipt # 777345 by NICKOLAS C. HICKTON. (Attachments: #1 Proposed Order) (Yates, Alfred)
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Filing 4
Stipulation for Extension of Time to Answer by NICKOLAS C. HICKTON, ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. Answer due from ENTERPRISE RENT-A-CAR COMPANY, INC on 1/22/2008; ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH on 1/22/2008. (Abramowich, Patrick)
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Filing 3
SUMMONS/Return of Service Returned Executed by NICKOLAS C. HICKTON. ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH served on 12/12/2007, answer due 1/2/2008. (Yates, Alfred)
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Filing 2
SUMMONS/Return of Service Returned Executed by NICKOLAS C. HICKTON. ENTERPRISE RENT-A-CAR COMPANY, INC served on 12/12/2007, answer due 1/2/2008. (Yates, Alfred)
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Filing 1
CLASS/COLLECTIVE ACTION COMPLAINT against ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH, DOES 1 THROUGH 10, INCLUSIVE ( Filing fee $ 350 receipt number 757855), filed by NICKOLAS C. HICKTON. (Attachments: #1 Civil Cover Sheet #2 Exhibit A #3 Summons for Enterprise Rent-A-Car Company, Inc #4 Summons for Enterprise Rent-A-Car Company of Pittsburgh) (ksa)
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Summons Issued as to ENTERPRISE RENT-A-CAR COMPANY, INC, ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH. (ksa)
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