Stickle et al v. SCI Western Market Support Center, L.P. et al
| James Stickle, Eleanor Riggio, Frank Acuna, Joseph Biernacki, Gordon Farmer, Rhealyn Holland, Richard LaMasters and Kenneth Allen |
| SCI Western Market Support Center, L.P., SCI Funeral and Cemetery Purchasing Cooperative, Inc., Service Corporation International, Jane D. Jones, Gwen Petteway, Thomas Ryan, Curtis Briggs, The SCI 401K Retirement Savings Plan and Julie Douglas |
| 2:2008cv00083 |
| September 30, 2009 |
| U.S. District Court for the District of Arizona |
| Phoenix Division Office |
| Mary H Murguia |
| Labor: Fair Standards |
| 15 U.S.C. ยง 1938 Fair Labor Standards Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
2104
ORDER Defendants' 2098 Motion for Reconsideration is GRANTED. Pursuant to Rule 37(a)(5), defendants are awarded attorneys fees and costs incurred in connection with the filing of the motion to compel and motions for clarification and reconsid eration. Plaintiffs shall file a memorandum supporting the request within fourteen (14) days from the filing of this order. Plaintiffs shall respond within seven (7) days from service of the memorandum. A reply may be filed within three (3) days from service of the response. Signed by Judge John W Sedwick on 9/11/2013. (See PDF for full details.)(KMG)
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Filing
2023
ORDER AND OPINION THAT defendants' 2004 motion for summary judgment is GRANTED in part and DENIED in part as follows: 1) It is GRANTED with respect to the individual defendants. Plaintiffs' claims against Jones, Petteway, Ryan, Briggs, and Douglas are DISMISSED. 2) It is DENIED with respect to plaintiffs' claims against SCI, SCI Western, and SCI Co-op. Signed by Judge John W Sedwick on 01/24/12. (ESL)
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Filing
1843
ORDER granting 1795 Defendants SCI Western Market Support Center, et al.s Motion to Dismiss All Opt-In Plaintiffs Who Have Failed to Comply With This Courts Discovery Orders. (Doc. 1795). IT IS FURTHER ORDERED directing the Parties to meet and con fer, either telephonically or in person, and thereafter provide the Court with a joint list of all opt-in Plaintiffs who are to be dismissed and those who are to be exempt for good cause. This joint listed must be filed by the close of business Monday, August 23, 2010. If the Parties are unable to reach complete agreement, then the Parties must, by the same date, state the areas of disagreement and set forth the reasons for the disagreement. Signed by Judge Mary H Murguia on 8/13/10.(KSP)
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Filing
307
ORDER - IT IS ORDERED granting Plas' 243 Motion to Conditional Certify. FURTHER ORDERED granting in part Dfts' 258 Motion to Strike. The affirmation of Stephanie Brown is Ordered struck in its entirety. FURTHER ORDERED granting Dfts� 39; 271 Motion to Strike Plas' Newly Submitted Affirmations. FURTHER ORDERED granting conditional certification of a class that includes all Funeral Directors, Embalmers, Funeral Director/Embalmers, Location Managers, Family Service Counselors , Community Service Counselors, and Family Service Supervisor who could have been subject to Dfts' alleged Community Work Policy, Pre-Needs Appointment Policy, Training Compensation Policy, Meal Break Deduction Policy, Pre-Approval for Overtime Pay Policy, Unrecorded Work Time Policy, and Failure to Include All Remuneration in Overtime Calculation Policies in all 39 states in which Dfts' operate. Signed by Judge Mary H Murguia on 9/30/09. (SAT)
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Filing
207
ORDER granting 55 Motion to Dismiss. SCI Eastern and SCI Houston arehereby dismissed from these proceedings. FURTHER ORDERED directing additional discovery as to the personal jurisdiction of Defendants Thomas Ryan and Julie Douglas. The parties ar e directed to file any briefing on this issue after they have had the opportunity to conduct such discovery 54 FURTHER ORDERED denying 54 Motion to Dismiss as to Defendants Jane D. Jones, Gwen Petteway, Thomas Ryan, Curtis Briggs. FURTHER ORDERE D denying 72 Motion to Dismiss Plaintiffs FLSA claim. FURTHER ORDERED denying 72 Motion to Dismiss Plaintiffs ERISA claims. The Court will hold these claims in abeyance pending the outcome of Plaintiffs FLSA claim. FURTHER ORDERED denying 72 M otion to Dismiss Plaintiffs RICO claim. The Court will hold this claim in abeyance pending the outcome of Plaintiffs FLSA claim. FURTHER ORDERED denying 72 Motion to Strike the Rule 23 Allegations as to the ERISA and RICO claims but directing that no action be taken as to the Rule 23 class until after the FLSA claim is decided. FURTHER ORDERED granting in part and denying in part 72 Motion to Dismiss the Plan. Plaintiffs FLSA and RICO claims are dismissed asto the Plan. Plaintiffs ERISA clai ms may proceed as to the Plan. FURTHER ORDERED granting 174 Motion for an Equitable Toll of the Statute of Limitations. Plaintiffs statute of limitations is, hereby, tolled from the date Defendants filed their Motions to Dismiss, 2/8/08, until the date Plaintiffs re-file their motion for expedited collective action notification. Signed by Judge Mary H Murguia on 9/29/08.(MAP)
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