Love et al v. Retzer Resources Inc et al
| Jonathan Love, Sheri McWilliams, Tracy Keen, Jeremy Pope and Robin Love |
| Retzer Resources Inc, The Retzer Group Inc and Michael L Retzer |
| 5:2013cv00292 |
| September 10, 2013 |
| US District Court for the Eastern District of Arkansas |
| Pine Bluff Office |
| Grant |
| D. P. Marshall |
| Fair Labor Standards Act |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
214
JUDGMENT: All claims by the opt-in plaintiffs are dismissed without prejudice. All claims by Jeremy Pope are dismissed without prejudice. All claims by Jonathan Love, Sheri McWilliams, Tracy Keen, and Robin Love are dismissed with prejudice pursuant to settlement. The Court retains jurisdiction to enforce the parties' settlement agreement until 10/31/2016. Signed by Judge D. P. Marshall Jr. on 9/27/2016. (jak)
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Filing
201
ORDER: The Court can't try this case the week of 25 April 2016 due to a criminal trial. We'll fall back to the alternative date of 26 September 2016. The Court is still working on the motion for sanctions. Signed by Judge D. P. Marshall Jr. on 4/1/2016. (jak)
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Filing
191
ORDER for the reasons stated on the record at the 8 February 2016 hearing, the plaintiffs' motion to continue the trial, 187 , is reluctantly granted. The motion to reconsider decertification, 188 , is denied without prejudice. And the motion for sanctions, 186 , is held in abeyance. The Court will hold a status conference at 10:00 a.m. Friday, 12 February 2016 at the Richard Sheppard Arnold United States Courthouse, 500 West Capitol Avenue, Little Rock, Arkansas, 72201 in courtroom B155. The Court will chart a course for addressing the Thornton issues and set a tentative new trial date. Counsel is directed to bring their calendars. Signed by Judge D. P. Marshall Jr. on 2/9/2016. (jak)
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Filing
185
ORDER denying 180 Motion and Cross Motion 183 . Plaintiff listed Burrow as a witness in their pretrial disclosures, and she's been deposed. Plaintiffs' failure to supplement discovery responses is harmless. There's no prejudice. The Court declines to strike Schutze - with mandatory conditions. If Schutze is still a Retzer employee, then Retzer must present Schutze for an interview (or deposition) on February 6 or 7 at the office of the Retzer's lawyers in Pine Bluff. If Schutze is no longer employed by Retzer, then Retzer must provide Schutze's contact information to Plaintiffs' lawyers by the close of business today. In that circumstance, Plaintiffs' counsel may also interview Schutze at the courthouse before Schutze testifies. This interview should occur several hours before the testimony. Signed by Judge D. P. Marshall Jr. on 2/5/2016. (jak)
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Filing
176
ORDER: For the reasons stated on the record at the 20 January 2016 pretrial, plaintiffs' motion in limine, 168 , is granted in part and denied in part. The Court orders the following pretrial deadlines: 25 January 2016 - Parties' responses to proposed jury instructions due; 27 January 2016 - Email to chambers any suggested voir dire areas; 3 February 2016 - Exchange final exhibit and witness lists. Deliver the originals, one electric copy and one hard copy to the Court. Jeremy Pope's claims are dismissed without prejudice. And Defendants Retzer Resources Inc., and The Retzer Group Inc., are dismissed without prejudice too. Signed by Judge D. P. Marshall Jr. on 1/21/2016. (jak)
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Filing
171
ORDER: The Court appreciates the parties' pretrial filings. The Court would appreciate counsel having the conversation regarding settlement now and file a joint report by the end of the week. If there's no settlement, the Court needs an exp edited response to the motion in limine by 18 January 2016. The Court will hold a pretrial conference on 20 January 2016 at 1:30 p.m. in courtroom B155 in the Richard Sheppard Arnold United States Courthouse, 500 West Capitol Avenue, Little Rock, Arkansas 72201. This case remains first out for trial on 8 February 2016. Signed by Judge D. P. Marshall Jr. on 1/11/2016. (jak)
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Filing
164
ORDER denying Retzer defendants' 153 motion. The employees' motion, 150 , and Retzer Sr.'s embedded request for a ruling on the employer issue now, 157 at 4, are denied without prejudice. The Court welcomes the parties' thoughts on how to address Pope's passing with a joint report due by 8 January 2016. This case remains first out for trial on 8 February 2016. Signed by Judge D. P. Marshall Jr. on 12/28/2015. (jak)
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Filing
134
ORDER: Joint Report, 132 , noted. The Court appreciates the Retzer entities' production to date. The Court regrets the confusion caused by its ruling, which should have been clearer. To clarify, the Court orders the Retzer entities to produce o vertime records, which already exist in the normal course of business, for the two years preceding the filing of this case, for each of the fifteen stores covered by this collective action. Defendants may, if they so choose, redact other information on any existing report of each store's overtime. Signed by Judge D. P. Marshall Jr. on 5/12/2015. (jak)
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Filing
131
ORDER: For the reasons stated on the record at today's hearing, the Court sets the following schedule and scope for discovery between now and the final ruling on certifications. Parties must exchange the names of people they want to depose by 1 April 2015. Depositions must be completed by 30 June 2015. Defendants' motion about decertifying the class and which statute of limitations applies due by 24 July 2015. Response due by 21 August 2015. Reply, if any, due by 28 August 2015. Surrep ly, if any, due by 4 September 2015. The 14 September 2015 trial is cancelled. Trial is rescheduled for 8 February 2016. The Court will issue an Amended Final Scheduling Order. The motion to strike, 123 , is denied. The Court also directs the Clerk to correct the docket; 116 is a joint report, not a motion for order. Signed by Judge D. P. Marshall Jr. on 3/18/2015. (jak)
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Filing
86
ORDER granting 74 Motion for Reconsideration. By 16 January 2015, Retzer shall file photographs of the notice posted at each of these two stores (Brinkley and Pine Bluff). By 20 January 2015, Plaintiffs shall resend notice to all current employee s of these two stores. The cost of the second notice will be de minimis, and the Court declines to shift it at this point. If Retzer has made any new hires at these two stores since it provided the employee lists to plaintiffs' counsel, Retzer should supplement by 15 January 2015. The opt-in period for the current employees at the two stores is extended until 27 February 2015. Notice shall remain posted at the two stores until then. Signed by Judge D. P. Marshall Jr. on 1/9/2015. (jak)
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Filing
55
ORDER: The Court appreciates the parties' jointly proposed draft notice. The Court approves it with the tweaks noted on the attached draft. Signed by Judge D. P. Marshall Jr. on 11/26/2014. (jak)
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Filing
50
ORDER granting as modified 28 Motion. The Court conditionally certifies a collective action comprised of all hourly employees in Thornton-territory restaurants, and at the Monticello and West Helena restaurants, during the three years before the d ate notice is mailed. The Court directs the parties to confer further on notice and submit a final draft to the Court by 26 November 2014. The look-back period will be three years - without prejudice to Defendants arguing later that no willful violat ion occurred. Defendants must provide Plaintiffs a list of potential collective-action members in a usable electronic format by 1 December 2014 including each person's name, last known address, dates ofemployment, and employee ID number. The opt-in period will close 13 February 2015. The Court requires Defendants to post notice in each covered restaurant during the opt-in period. The 25 Final Scheduling Order is suspended. Trial rescheduled for 21 September 2015 at 9:30 a.m.; Joint Report due by 27 February 2015 on what additional discovery is needed and what motions are planned. Signed by Judge D. P. Marshall Jr. on 11/18/2014. (jak)
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Filing
42
ORDER granting 41 Motion to Dismiss Party. Funderburg's and Nahlen's claims against all defendants are dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 10/16/2014. (jak)
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Filing
40
ORDER reconsidering the Court's discovery rulings, 35 . Defendants must produce the ISP-data printouts/time change reports, which they acknowledge having and agree that Plaintiffs are entitled to. Defendants must produce the payroll records in Excel or other electronically searchable format. The Court's order regarding the dialing activity reports stands. Signed by Judge D. P. Marshall Jr. on 10/2/2014. (jak)
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