Gillespie et al v. Cracker Barrel Old Country Store Incorporated
| Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller, Andrew Harrington, Katie Liammaytry, Jason Lenchert and Dylan Basch |
| Cracker Barrel Old Country Store Incorporated |
| 2:2021cv00940 |
| May 28, 2021 |
| US District Court for the District of Arizona |
| Diane J Humetewa |
| Labor: Fair Standards |
| 29 U.S.C. § 206 Collect Unpaid Wages |
| Plaintiff |
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Filing 82
ORDER that Plaintiffs' Second Amended Motion for Conditional Certification (Doc. #76 ) is GRANTED in part. ORDERED that Cracker Barrel's Motion to Compel Individual Arbitration and Dismiss Second Amended Complaint with Prejudice (Doc. #77 ) is DENIED. IT IS FURTHER ORDERED the collective class of potential plaintiffs is conditionally certified under 29 U.S.C. 216(b) and shall consist of all current and former Cracker Barrel servers who worked for Cracker Barrel from May 28, 2018, to the present in states where Cracker Barrel pays its employees under the 29 U.S.C. 203(m) tip credit scheme. Plaintiffs' Notice and Consent to Join forms (Docs. #76 -13; #76 -14) shall be written and sent in compliance with the directives in this Order. IT IS FURTHER ORDERED that within 21 days of this Order, Cracker Barrel shall provide Plaintiffs the information set forth in this Order and shall provide it in electronic and importable format. Signed by Judge Diane J Humetewa on 3/31/2023. (See Order for details.) (LFIG)
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| Filing 81 REPLY to Response to Motion re: #77 MOTION to Compel Individual Arbitration MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Exhibit)(Masog, Miles) |
| Filing 80 RESPONSE to Motion re: #77 MOTION to Compel Individual Arbitration MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Dylan Basch, Andrew Harrington, Jason Lenchert, Katie Liammaytry. (Sud, Nitin) |
| Filing 79 REPLY to Response to Motion re: #76 Second MOTION to Certify Class Conditional Certification and Memorandum in Support filed by Dylan Basch, Andrew Harrington, Jason Lenchert, Katie Liammaytry. (Sud, Nitin) |
| Filing 78 RESPONSE in Opposition re: #76 Second MOTION to Certify Class Conditional Certification and Memorandum in Support filed by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Masog, Miles) |
| Filing 77 *MOTION to Compel Individual Arbitration , MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Personal Jurisdiction by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Masog, Miles) *Modified to correct motion type, text, and add Motion to Dismiss for Lack of Jurisdiction event on 8/25/2022 (REK). |
| Filing 76 Second MOTION to Certify Class Conditional Certification and Memorandum in Support by Dylan Basch, Andrew Harrington, Jason Lenchert, Katie Liammaytry. (Attachments: #1 Exhibit Ashley Owen affidavit, #2 Exhibit Andrew Harrington declaration, #3 Exhibit Katie Liammaytry declaration, #4 Exhibit Jason Lenchert declaration, #5 Exhibit Dylan Basch declaration, #6 Exhibit Peak period setup policy, #7 Exhibit First paystub example, #8 Exhibit Second paystub example, #9 Exhibit Dezara Atherton declaration, #10 Exhibit Jaycee Patterson declaration, #11 Exhibit Jillian Miranda declaration, #12 Exhibit Margo Maassen declaration, #13 Exhibit Proposed notice, #14 Exhibit Proposed consent to join form, #15 Proposed Order)(Sud, Nitin) |
| Filing 75 NOTICE re: Filing of opt-in consents by Dylan Basch, Andrew Harrington, Jason Lenchert, Katie Liammaytry for Karen Phillips, Stephanie Oxendine, Kimberly Rouse, and Leah Montes. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Filing 74 Second AMENDED COMPLAINT against All Defendants filed by Jason Lenchert, Katie Liammaytry, Andrew Harrington, Dylan Basch. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Sud, Nitin) |
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Filing 73
ORDER: Cracker Barrel's Motion to Dismiss #62 is granted. Plaintiffs' may file a second amended complaint within thirty (30) days of this Order. If Plaintiffs fail to file a second amended complaint within thirty (30) days, the Clerk of Court shall terminate this action without prejudice and without further order of the Court. Plaintiffs' Amended Motion for Conditional Certification #58 and Plaintiffs' Motion for Partial Dismissal #60 are denied as moot. See document for further details. Signed by Judge Diane J Humetewa on 7/22/2022. (REK)
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| Filing 72 REPLY to Response to Motion re: #62 MOTION to Dismiss for Lack of Jurisdiction filed by Cracker Barrel Old Country Store Incorporated. (Masog, Miles) |
| Filing 71 RESPONSE to Motion re: #62 MOTION to Dismiss for Lack of Jurisdiction filed by Andrew Harrington, Jason Lenchert, Katie Liammaytry. (Sud, Nitin) |
| Filing 70 REPLY re: #67 Response to Motion, regarding objections to evidence by Plaintiffs Andrew Harrington, Jason Lenchert, Katie Liammaytry. (Sud, Nitin) |
| Filing 69 REPLY to Response to Motion re: #60 MOTION to Dismiss Party filed by Andrew Harrington, Jason Lenchert, Katie Liammaytry. (Attachments: #1 Exhibit Emails, #2 Exhibit Re-hires re-signing ADR agreement, #3 Exhibit Miah Fulton declaration, #4 Exhibit Dec. 27, 2021 email, #5 Proposed Order)(Sud, Nitin) |
| Filing 68 NOTICE of Errata re: #67 Response to Motion, by Defendant Cracker Barrel Old Country Store Incorporated.. (Attachments: #1 Exhibit)(Masog, Miles) |
| Filing 67 *RESPONSE to Objections to Defendant's Evidence re: #65 Reply to Response to Motion filed by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Exhibit)(Masog, Miles) *Modified text and correct document link on 3/28/2022 (REK). |
| Filing 66 RESPONSE to Motion re: #60 MOTION to Dismiss Party filed by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Attachment, #2 Exhibit)(Masog, Miles) |
| Filing 65 REPLY to Response to Motion re: #58 MOTION to Certify Class Conditional Certification and Memorandum in Support filed by Andrew Harrington, Jason Lenchert, Katie Liammaytry. (Attachments: #1 Exhibit Emails re ADR sign-offs, #2 Exhibit 2018 Employee Handbook, #3 Exhibit ADR re-signers)(Sud, Nitin) |
| Filing 64 RESPONSE in Opposition re: #58 MOTION to Certify Class Conditional Certification and Memorandum in Support filed by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Masog, Miles) |
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Filing 63
ORDER: Defendants may respond to Plaintiffs' Notice of Party Dismissal #60 as permitted by LRCiv 7.2(c). Plaintiffs may file a reply, if necessary, as permitted by LRCiv 7.2(d). IT IS FURTHER ORDERED that because the Court construes the Notice #60 as a Motion, the Clerk of Court shall caption it as such on the Docket. Signed by Judge Diane J Humetewa on 3/09/2022. (REK)
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| Filing 62 MOTION to Dismiss for Lack of Jurisdiction by Cracker Barrel Old Country Store Incorporated. (Masog, Miles) |
| Filing 61 NOTICE re: Attorney Notice of Vacation and Unavailability by Andrew Harrington, Jason Lenchert, Katie Liammaytry . (Sud, Nitin) |
| Filing 60 *MOTION for Partial Dismissal (Titled: NOTICE of Partial Dismissal) by Andrew Harrington, Jason Lenchert, Katie Liammaytry. (Attachments: #1 Exhibit Plaintiffs subject to arbitration, #2 Exhibit Plaintiff's not subject to arbitration, #3 Proposed Order)(Sud, Nitin) *Modified to correct event and text on 3/9/2022 (REK). |
| Filing 59 NOTICE re: Filing of opt-in consents by Andrew Harrington, Jason Lenchert, Katie Liammaytry for Billie Kuntz and Amanda Lee. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Filing 58 AMENDED MOTION to Certify Class Conditional Certification and Memorandum in Support by Andrew Harrington, Jason Lenchert, Katie Liammaytry. (Attachments: #1 Exhibit Ashley Owen affidavit, #2 Exhibit Andrew Harrington declaration, #3 Exhibit Katie Liammaytry declaration, #4 Exhibit Jason Lenchert declaration, #5 Exhibit Peak period setup policy, #6 Exhibit First paystub example, #7 Exhibit Second paystub example, #8 Exhibit Dezara Atherton declaration, #9 Exhibit Jaycee Patterson declaration, #10 Exhibit Jillian Miranda declaration, #11 Exhibit Margo Maassen declaration, #12 Exhibit Proposed notice, #13 Exhibit Proposed consent to join form, #14 Proposed Order)(Sud, Nitin) |
| Filing 57 First AMENDED COMPLAINT against Cracker Barrel Old Country Store Incorporated filed by Andrew Harrington, Katie Liammaytry, Jason Lenchert. (Attachments: #1 Exhibit Pictures of servers performing non-tipped duties, #2 Exhibit Time reports showing violations of state wage laws, #3 Exhibit Wage statements compared to time reports)(Sud, Nitin) |
| Filing 56 NOTICE re: Filing of opt-in consents by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Alison Adams, Allen Barton, Cynthia Bergen, Miah Fulton, Adrianna Gower, Donna Lagotte, Matthew Littlefield, Margo Maassen, Carol Meador, Brooke Murphy, Natalie Peyton, Ashley Price, Carlina Searcy, Stephanie Stone, and Vaughn Waddell. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
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Filing 55
ORDER that Plaintiffs' Motion for Clarification or Partial Motion for Reconsideration (Doc. #48 ) is granted in part and denied in part as set forth in this Order. IT IS FURTHER ORDERED that the parties shall file a list of opt-in Plaintiffs who are subject to the Agreement by no later than March 14, 2022. Signed by Judge Diane J Humetewa on 1/21/2022. (See Order for details.) (LFIG)
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| Filing 54 REPLY to Response to Motion re: #48 MOTION for Reconsideration re: #47 Order on Motion to Certify Class, Order on Motion to Strike (Amended Reply) filed by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Sud, Nitin) |
| Filing 53 REPLY to Response to Motion re: #48 MOTION for Reconsideration re: #47 Order on Motion to Certify Class, Order on Motion to Strike filed by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Sud, Nitin) |
| Filing 52 RESPONSE in Opposition re: #48 MOTION for Reconsideration re: #47 Order on Motion to Certify Class, Order on Motion to Strike filed by Cracker Barrel Old Country Store Incorporated. (Coleman, James) |
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Filing 51
ORDER: Before the Court is the parties' Joint Motion for Extension of Deadline to Comply with Court Order (Doc. #50 ). For good cause showing, IT IS ORDERED the Joint Motion (Doc. #50 ) is GRANTED. The deadline to comply with the Court's instructions and file an amended complaint (Doc. #47 ) shall be extended to March 14, 2022. Absent extraordinary circumstances, no further extensions of this deadline will be granted. ORDERED by Judge Diane J Humetewa on 12/10/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 50 Joint MOTION for Extension of Time to Comply with Court Order by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Attachments: #1 Proposed Order)(Sud, Nitin) |
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Filing 49
ORDER: The Court is in receipt of Plaintiffs' Motion for Clarification or Partial Motion for Reconsideration (Doc. #48 ). The Local Rules do not permit responses to motions for reconsideration. LRCiv 7.2(g)(2). Despite its caption, Plaintiffs' Motion seeks little by way of reconsideration. Therefore, Defendant may file a response by no later than December 14, 2021. ORDERED by Judge Diane J Humetewa on 11/30/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 48 *MOTION for Clarification or Reconsideration re: #47 Order on Motion to Certify Class, Order on Motion to Strike by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Attachments: #1 Exhibit #1 - ADR Agreement, #2 Proposed Order)(Sud, Nitin) *Modified text on 11/30/2021 (WLP). |
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Filing 47
ORDER that Plaintiffs' Motion to Strike (Doc. #30 ) is denied. Plaintiffs' Motion for Conditional Certification (Doc. #8 ) is denied without prejudice. ORDERED that Plaintiffs' Complaint (Doc. #1 ) is dismissed. Plaintiffs may file a first amended complaint no later than 30 after the date of this Order and in compliance with this Order. If Plaintiffs fail to comply, the Clerk of Court shall dismiss this action without further order of the Court. IT IS FURTHER ORDERED the Court having ruled on the Motion for Conditional Certification and the Motion to Compel Arbitration, the stay on this matter shall be lifted.Signed by Judge Diane J Humetewa on 11/12/2021. (See Order for details.) (LFIG)
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| Filing 46 NOTICE re: Filing of Opt-in consents by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Rebecca Rue and Kaela Saller. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
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Filing 45
ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Stay Discovery (Doc. #41 ) is GRANTED in part. This matter shall be stayed until the Court rules on Plaintiffs' Motion for Conditional Certification (Doc. #8 ) and Defendant's Motion to Compel Arbitration (Doc. #21 ) or until the Court finds a stay is no longer appropriate. However, the parties may engage in limited discovery as set forth in this Order. (See attached Order). Signed by Judge Diane J Humetewa on 10/4/2021. (JAMA)
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| Filing 44 NOTICE of Service of Discovery filed by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Sud, Nitin) |
| Filing 43 RESPONSE to Motion re: #41 MOTION for Protective Order MOTION to Stay Discovery filed by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Attachments: #1 Proposed Order)(Sud, Nitin) |
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Filing 42
ORDER: The Court is in receipt of Defendant's Motion to Stay Discovery (Doc. #41 ). IT IS ORDERED that Plaintiffs shall respond no later than Wednesday, September 29, 2021. No reply will be permitted. ORDERED by Judge Diane J Humetewa on 9/24/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 41 MOTION for Protective Order , MOTION to Stay Discovery by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Proposed Order)(Masog, Miles) |
| Filing 40 NOTICE re: Filing of opt-in consents by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Julia Cowen and Jaycee Patterson. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Remark: Pro hac vice motion(s) granted for Jason Daniel Friedman on behalf of Defendant Cracker Barrel Old Country Store Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 39 REPLY to Response to Motion re: #21 MOTION to Dismiss Case filed by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Attachment, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Masog, Miles) |
| Filing 38 NOTICE re: Filing of opt-in consents by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for CoZiree Price, Melissa Medrano, and Brooklynn Mcglothin. (Attachments: #1 Exhibit Opt-in Notices)(Sud, Nitin) |
| Filing 37 RESPONSE to Motion re: #30 MOTION to Strike filed by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Exhibit)(Masog, Miles) |
| Filing 36 REPLY to Response to Motion re: #8 MOTION to Certify Class Conditional Certification and Memorandum in Support filed by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Sud, Nitin) |
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Filing 35
ORDER that Defendant's Motion to Stay (Doc. #33 ) is denied. Signed by Judge Diane J Humetewa on 9/1/2021. (LFIG)
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| Filing 34 NOTICE re: Filing of opt-in consents by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Abigail Delmont, Kelly Kobusch, and Janice Singletary. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Filing 33 MOTION to Stay re: #8 MOTION to Certify Class Conditional Certification and Memorandum in Support Defendant's Motion to Stay Briefing and Consideration of Plaintiffs' Motion for Conditional Certification by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Proposed Order)(Masog, Miles) |
| Filing 32 RESPONSE in Opposition re: #8 MOTION to Certify Class Conditional Certification and Memorandum in Support Defendant's Memorandum in Opposition to Plaintiffs' Motion for Conditional Certification filed by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Exhibit A-B)(Masog, Miles) |
| Filing 31 NOTICE re: Amended/Corrected declaration of Paula Alexander (Kay) by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller . (Attachments: #1 Exhibit Amended declaration)(Sud, Nitin) |
| Filing 30 *OBJECTION, MOTION to Strike re: #21 MOTION to Dismiss Case by Plaintiffs Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Attachments: #1 Proposed Order)(Sud, Nitin) *Modified on 8/27/2021 to add motion part. (LFIG) |
| Filing 29 RESPONSE in Opposition re: #21 MOTION to Dismiss Case filed by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Attachments: #1 Exhibit #1 - Declarations of named plaintiffs, #2 Exhibit #2 - Declarations of two former minors, #3 Exhibit #3 - Declarations of 25 opt-ins, #4 Exhibit #4 - Declaration of Nitin Sud, #5 Exhibit #5 - Arbitration agreement in Bufford case, #6 Exhibit #6 - Arbitration agreement in Sena case, #7 Exhibit #7 - Arbitration agreement in Longnecker case, #8 Exhibit #8 - invalid website link in agreement, #9 Proposed Order)(Sud, Nitin) |
| Filing 28 NOTICE re: Filing of Opt-in Consents by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Rachael Blackman, Ashley Cartner, Anna Crunk, and Tyler Redden. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
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Filing 27
RULE 16 SCHEDULING ORDER: Discovery due by 7/1/2022. Dispositive motions due by 10/3/2022. ORDERED vacating the Rule 16 Scheduling Conference set for 8/31/2021. Signed by Judge Diane J Humetewa on 8/23/2021. (See Order for details.) (LFIG)
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| Filing 26 REPORT of Joint proposed schedule by Plaintiffs Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Sud, Nitin) |
| Filing 25 NOTICE re: Filing of Opt-in Consents by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Taylor Colello, Amanda Gagnon, Mary Elizabeth Graham, Melanie Miglets, and Tracey Stapleton. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
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Filing 24
ORDER that no later than August 24, 2021, the parties shall file a joint proposal as set forth in this Order. ORDERED resetting the Rule 16 Scheduling Conference as to time only for 8/31/2021 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 8/19/2021. (See Order for details.) (LFIG)
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| Filing 23 REPORT of Rule 26(f) Planning Meeting by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Sud, Nitin) |
| Filing 22 NOTICE re: Filing of Opt-in Consents by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Andrew Agresta Jr., Cheri-Lynne Chandler, Adiin Clemons, Ashley Drum, Zakiya Duncan, Diane Elledge, Amani Gibson, Jazzmin Gray, Nicole Grimes, Kimberly Hehner, Jocelynne Hutsell, Kristin Ingulfsen, Michael Jennings, Valara Keesey, Summer Ledbetter, Megan Meeks, Kenika Money, Taylor Nauss, Pamela Parrish, Ashley Petty, James D. Pierce, Stephanie Proffitt, Norma Jane Repsher, Elizabeth Riggle, Nikole Samuelson, Samantha Schooley, Breonna Smith, Jessica Smith, Justine Smith, Cora Stidham, Carol Thomas, Jeanine Treadway, Lauren Treadway, Aimee Verdeyen, Nicole Wilkins, Matthew Wood, Crystal Zeliankevich, and Rose Marie. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Remark: Pro hac vice motion(s) granted for James Matthew Coleman on behalf of Defendant Cracker Barrel Old Country Store Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 21 MOTION to Dismiss Case by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Masog, Miles) |
| Filing 20 NOTICE re: Filing of Opt-in Consents by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for LuAnne Adams, Candis Purvis, and Tessie Whaley. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Filing 19 NOTICE re: Filing of Opt-in Consent Forms by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Megan Roberts and Katya Whitnes. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Filing 18 NOTICE re: Filing of Opt-in Consent Forms by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for NaShekia Gore, Amy Manton, Cindy Middleton, Rashae Purvey, Abbie Ragan, Zayda Salazar, Paul Bradley Vanholbeck, Allison Keel Vereen, Robert Ward, Seth Wilson. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Filing 17 NOTICE re: Filing of Opt-in Consent Forms by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Brooklyn Berry, Justin Bottiger, Cheyenne Doose, Denise Farleo, Michelle Lyons, Brittaney Moore, Latoria Parker, Rosalie Stafford, Cecily Tindell. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Filing 16 NOTICE re: Filing of Opt-in Consent Forms by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Ashley Blake, Sierra Chapman, Deborah Conforti, Jessica Diane Dean, Tasha Derby, Amanda Leonard, Austin Lusk, Jillian Miranda. (Attachments: #1 Exhibit opt-in notices)(Sud, Nitin) |
| Filing 15 SUPPLEMENT to Plaintiffs' Motion for Conditional Certification re: #8 MOTION to Certify Class Conditional Certification and Memorandum in Support by Plaintiffs Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Attachments: #1 Exhibit Declaration of Denise Rivera, #2 Exhibit Declaration of Edna Sherwood, #3 Exhibit Declaration of Janelle Hollingshead, #4 Exhibit Declaration of Laura Whisnant, #5 Exhibit Declaration of Louise Gonzalez, #6 Exhibit Declaration of Mary Liberty, #7 Exhibit Declaration of Murijah Davis, #8 Exhibit Declaration of Nicole Olschafskie, #9 Exhibit Declaration of Rebecca Juliani, #10 Exhibit Declaration of Serenity Eaton)(Sud, Nitin) |
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Filing 14
ORDER: Before the Court is Defendant's Unopposed Motion to Extend the Deadline to Respond to Plaintiffs Motion for Conditional Certification (Doc. #12 ). For good cause appearing, IT IS ORDERED the Motion (Doc. #12 ) is GRANTED. Defendant shall respond to Plaintiffs' Motion for Conditional Certification (Doc. #8 ) by August 30, 2021. ORDERED by Judge Diane J Humetewa on 7/6/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 13 Corporate Disclosure Statement by Cracker Barrel Old Country Store Incorporated identifying Corporate Parent Black Rock Incorporated for Cracker Barrel Old Country Store Incorporated. (Masog, Miles) |
| Filing 12 First MOTION for Extension of Time TO RESPOND TO PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION, ECF NO. 8 by Cracker Barrel Old Country Store Incorporated. (Attachments: #1 Text of Proposed Order)(Masog, Miles) |
| Filing 11 NOTICE re: Opt-in Consent Forms by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Julianna Hansen, Angelita James, Lauryn Jerz, Abbie Gale Lugo, Stephanie Overton, Tim Remmel, Dorothy Marie Wells. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Filing 10 NOTICE re: Filing of Opt-in Consent Forms by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Dezara Atherton, Sharon Belinfante, Brittni Bell, Megan Boggs, Teiangula Boston, Elizabeth Lynn Brooks, Carol Burton, Kristen Carlstrom, Shelia Church, Skylar Creech, Jessica Crews, Jessica Diane Dean, Brandi Drake, Carlos Flores, Nicole Fox, Brittany Fry, Brianna Fultz, Debora Haag, Christina Hayes, Brittany John, Damaris Miller, Kathlyn Provins, Tiffany Reinhardt, Bouaphanh Schaller, Georgia Schmitz, Amy Marie Shaw, Katie Shoufler, Biancia Sutton, Cathleen (Curran) Tavares, Selina Webster, Kim Weyer. (Attachments: #1 Exhibit opt-in notices)(Sud, Nitin) |
| Filing 9 NOTICE re: Notice of Service on Defense Counsel by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller re: #7 Order, Set/Reset Hearings . (Sud, Nitin) |
| Filing 8 MOTION to Certify Class Conditional Certification and Memorandum in Support by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. (Attachments: #1 Exhibit Ashley Owen affidavit, #2 Exhibit Ashley Gillespie declaration, #3 Exhibit Tonya Miller declaration, #4 Exhibit Tami Brown declaration, #5 Exhibit Sarah Mangano declaration, #6 Exhibit Peak period setup policy, #7 Exhibit Paystub example 1, #8 Exhibit Paystub example 2, #9 Exhibit Alexis Clark declaration, #10 Exhibit Andrew Harrington declaration, #11 Exhibit Dani Bradley declaration, #12 Exhibit Deborah Pate declaration, #13 Exhibit Domonique Dail declaration, #14 Exhibit Holly Martin declaration, #15 Exhibit Jessica Maxwell declaration, #16 Exhibit JessicaSeip declaration, #17 Exhibit Johnnica Likens declaration, #18 Exhibit Kayle Barger declaration, #19 Exhibit Mercedes Moffett declaration, #20 Exhibit Michael Sotelo declaration, #21 Exhibit Nicole Gomez declaration, #22 Exhibit Sheendalie Joseph declaration, #23 Exhibit Truong Vu declaration, #24 Exhibit Kerissa Tapp declaration, #25 Exhibit List of plaintiffs, #26 Exhibit Proposed notice, #27 Exhibit Proposed consent to join form, #28 Text of Proposed Order Proposed order)(Sud, Nitin) |
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Filing 7
ORDER setting a Rule 16 Scheduling Conference for 8/24/2021 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 6/21/2021. (See Order for details.) (LFIG)
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| Filing 6 SERVICE EXECUTED filed by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller: Rule 4 Waiver of Service of Summons. Waiver sent on June 9, 2021 to Cracker Barrel Old Country Store Incorporated . (Sud, Nitin) |
| Filing 5 NOTICE re: Filing of Opt-in Consent Forms by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Dulcia Alexander, Emily Alkashkary, Jon Altman, Amy Atwood, Amanda Bahena, Debora Barber, Kayle Barger, Elijah Bennett, Crystal Berns, Lacey Bouley, Dani Bradley, Madison Brock, Maggie Brown, Alexis Clark, Jacqueline Clark, Jeremy Collison, Maria Elena Coppock, Madalyne Covington, Alyssa Defore, Brittany Dunford, Brittany Farmer, Trenton Goldsmith, Kimberly Goodman, Samantha Gubser, Andrew Harrington, Charlotte Hines, Lily Holley, Brendon Hornsby, Valerie Howard, Amber James, Erin Johnson, Faith Johnson, Lindsey Kilian, Crystal Kovatch, Hannah LaCrosse, Darleen Leech, Mary Liberty, Sara Liptak, Saije Longton, Deidra Looney, Chris Malone, Rianna Mathews, Jessica Maxwell, Pepper Mayes, Serena McBride, Leah McDaniel, Malina McIvor, Tyra Mckee, Anna McNutt, Brittany Miller, Dawn Minor, Lauren Nabours-Breaux, Dale Nieminski, Emily Oglesby, Amanda Parrish, Alexander Pedregal, Stephanie Agosto Perez, Anna Perry, Amy Randolph, Wendi Roberts, Zaravia Sanders, Cortni Sayers, Bouaphanh Schaller, Dawn Shields, Jennifer Shores, John Silcock, Tara Smith, Ramona Sonner-Myers, Heather Stacy, Carla Steinberger, Elizabeth Stokely, Meagan Stowell, Mary Truxillo, Beth Uthaug, Brandy Vigeant, Allison Wall, Karen Walsh, Patty Walsh, Selina Webster, Shaena Webster, Renee Williams, Jocelyn Wilson, Michelle Short, Tiearay Claxton, Dennis Smith, Steven Jay Huyck, Candace Perez, Monica Gonzales, Diane Lampkin. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
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Filing 4
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 6/1/2021. (LFIG)
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| Filing 3 NOTICE re: Filing of Opt-in Consent Forms by Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller for Trevor Barrier, Ashley Beaupre, Sarah Behl, Rachel Berry, Megan Billingsley, Ashlea Birchfield, April Blankenship, Madelynn Bloomer, Christine Brazil, Carigan Byrd, Tyler Carlee, Jamie Clevenger, Joann Clevenger, Amber Connell, Michelle Cormier, Alyssa Corrado, Madeleine Craig, Lisa Cruz, Mary Cruz, Dominique Dail, Murijah Davis, Jennifer Dettman, Melissa Dlugoborski, Devin Domenico, Melissa Dowell, Serenity Eaton, Lauren Fant, Laura Farner, Kayla Fitzpatrick, Sean Frey-Lloyd, Heather Frye, Jennifer Gleason, Amber Goepfert, Nicole Gomez, Louise Gonzalez, Meghan Gould, Carly Guenther, Karen Hauser, Rhiannon Hemley, Thomas Hendershot, Barbara Hendricks, Lauryn Holcomb, Jenelle Hollingshead, Michele Horn, Tina Howe, Masey Hoyer, Teasa Hoyt, Sherry Hudson, Kellie Hughes, Victoria Hughes, Cody Hurst, Krysti Johnson, Sheendalie Joseph, Rebecca Juliani, Linzi Justice, Paula Kay, Sheyenne Keller, Karen Kenyon-Webley, Elizabeth Kolar, Cynthia Lauth, Jason Lenchert, Katie Liammaytry, Johnnica Likens, Candace Livingston, Rachel Lowe, Tiffany Lowe, Makayla Lucas, Jessica Mabey, Holly Martin, Jasmin Martinez, Michala McKinley, Mercedes Moffett, Leila Moreira, Christa Morris, Chelsey Morstatter, Tabitha Murdock, Nicole Olschafskie, Sativa Ormond, Karla Ortega, Deborah Pate, Tina Ploegert, Mathew Podgurski, Jacklyn Rainer, Katie Rasbach, Jean Riso, Denise Rivera, Abby Robinson, Nicole Saincome, Adam Santaniello, Megan Scholl, Courtney Sciarrino, Jessica Seip, Hailey Sharrow, Edna Sherwood, Alicia Smith, Daisy Spady, Lisa Stickney, Alexas Stover, Kerissa Tapp, Brandi Tirone, Fawna Truax, Truong Vu, Janet Watson, Laura Whisnant, Devon Wolf, Suzanne Wood, Julie Yawger, Jorge Zayas, Angela Anderson, Jennifer Hover, Michelle Short, and Michael Sotelo. (Attachments: #1 Exhibit Opt-in notices)(Sud, Nitin) |
| Filing 2 Filing fee paid, receipt number 0970-19516512. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-21-940-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19516512 filed by Ashley Gillespie, Tonya Miller, Tami Brown, Sarah Mangano. (Sud, Nitin) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Ashley Gillespie opt-in notice, #3 Exhibit B - Tonya Miller opt-in notice, #4 Exhibit C - Tami Brown opt-in notice, #5 Exhibit D - Sarah Mangano opt-in notice)(MYE) |
| Remark: Pro hac vice motion(s) granted for Nitin Sud on behalf of Plaintiffs Tami Brown, Ashley Gillespie, Sarah Mangano, Tonya Miller. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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