Carlone v. Progressive Casualty Ins Co
Rosemary Shea, Krista M. Patla, Dana Mauro, Joseph H. Carlone, Peter Poulos, III, Matthew Arthur and Pawel Bubel |
Progressive Casualty Ins Co |
Michael Shea |
3:2012cv00207 |
February 8, 2012 |
US District Court for the District of Connecticut |
New Haven Office |
Hartford |
William G Young |
Labor: Fair Standards |
29 U.S.C. § 201 |
Plaintiff |
Docket Report
This docket was last retrieved on November 20, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 145 ORDER APPROVING SETTLEMENT re #143 Joint MOTION for Settlement Final Approval filed by Joseph H. Carlone Signed by Judge William G. Young on 11/19/2015.(Ghilardi, K.) |
JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Ghilardi, K.) |
Filing 144 Minute Entry. Proceedings held before Judge William G. Young: Motion Hearing held on 11/19/2015 re #143 Joint MOTION for Settlement Final Approval filed by Joseph H. Carlone. Fairness Hearing yesterday here in Boston. Shannon Liss-Riordan appeared on behalf of the plaintiffs Gregory V. Mersol for the defendant. The Court inquires whether there are any objectors present in the courtroom. There are no affirmative responses. After speaking with counsel, the Court enters an Order granting #143 Motion for Final Approval of Class Action Settlement and executes the proposed order. granting #143 Motion for Settlement. 20 minutes(Court Reporter Debra Joyce at joycedebra@gmail.com) (Ghilardi, K.) Modified on 11/20/2015 corrected file date and hearing date to 11/19/2015 (Ghilardi, K.). Modified on 11/24/2015 corrected court reporter information per judges CRD(Ghilardi, K.). |
Filing 143 Joint MOTION for Settlement Final Approval by Joseph H. Carlone. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liss-Riordan, Shannon) |
Filing 142 ORDER granting #141 Motion to Withdraw as Attorney. Attorney Margaret B. Ferron terminated. Signed by Judge William G. Young on 9/16/2015. (Ghilardi, K.) |
Filing 141 Motion to withdraw as attorney Margaret B. Ferron by Joseph H. Carlone (Hayber, Richard) Modified on 8/8/2015 to change event to Motion to Withdraw as Attorney (D'Onofrio, B.). |
Filing 140 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Fairness Hearing set for 11/19/2015 2:00 PM before Judge William G. Young, Moakley Federal Courthouse, 1 Courthouse Way, Boston, MA, Courtroom 18, 5th Floor(Ghilardi, K.) |
Filing 139 NOTICE OF CONSOLIDATION Signed by Clerk on 7/30/2015.(Ghilardi, K.) |
Filing 138 ORDER REOPENING CASE The case is reopened for consolidation and to approve settlement. Signed by Judge William G. Young on 7/30/2015.(Ghilardi, K.) |
Filing 137 ORDER granting #136 Motion for Settlement Approval. Signed by Judge William G. Young on 7/30/2015. (Ghilardi, K.) |
Filing 136 Joint MOTION for Settlement Approval by Joseph H. Carlone. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liss-Riordan, Shannon) |
Filing 135 NOTICE by Joseph H. Carlone of Withdrawal of Opt-In Consent Form for Opt-In Plaintiff Alex Spinks (Liss-Riordan, Shannon) |
Filing 134 ORDER FOR CLOSURE re #133 Joint MOTION to Stay Pending Mediation filed by Joseph H. Carlone Signed by Clerk on 10/8/2014.(Ghilardi, K.) |
JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Ghilardi, K.) |
Filing 133 Joint MOTION to Stay Pending Mediation by Joseph H. Carlone.Responses due by 10/3/2014 (Liss-Riordan, Shannon) |
Filing 132 NOTICE by Joseph H. Carlone of Filing Opt-In Consent Forms (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
Filing 131 NOTICE by Joseph H. Carlone of Filing Opt-In Consent Forms (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
Filing 130 NOTICE by Joseph H. Carlone of Filing Opt-In Consent Forms (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
Filing 129 NOTICE by Joseph H. Carlone of Filing Opt-In Consent Forms (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
Filing 128 NOTICE by Matthew Arthur Consent to Join Action (Hayber, Richard) |
Filing 127 ORDER approving re #126 Notice of Withdrawal filed by Joseph H. Carlone, Attorney Sara Smolik terminated. Signed by Judge William G. Young on 5/1/2014.(Ghilardi, K.) |
Filing 126 NOTICE by Joseph H. Carlone of Withdrawal (Smolik, Sara) |
Filing 125 NOTICE by Joseph H. Carlone of Filing Opt-In Consent Forms (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
Filing 123 NOTICE by Joseph H. Carlone of Filing Opt-In Consent Forms (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
Filing 122 NOTICE by Joseph H. Carlone of Filing Opt-In Consent Forms (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
Filing 124 Minute Entry for proceedings held before Judge William G. Young: Telephone Status Conference held on 3/27/2014. Attorney Liss-Riordan for the plaintiffs and Mersol, Sutton for the defendants. The Court informs counsel that they should file a motion for any discovery disputes. Defense counsel informs the Court that they do not believe that these matters are related. The Court will resolve the issue of them being related when raised by the filing of papers. The defendants shall file a responsive pleading in the Bubel case on or before April 25, 2014. 15 minutes (Ghilardi, K.) |
Filing 121 NOTICE by Joseph H. Carlone of Filing Opt-In Consent Forms (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
Filing 120 ORDER granting as modified #112 Joint MOTION for Extension of Time as to Proposed Case Management Schedule #101 Order on Motion to Certify Class. Signed by Judge William G. Young on 3/11/2014. (Ghilardi, K.) |
Filing 119 ORDER granting #106 Motion to Withdraw as Attorney. Attorney Brant Casavant terminated. Signed by Judge William G. Young on 3/11/2014. (Ghilardi, K.) |
Filing 118 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM from 3:00 PM Telephone Status Conference set for 3/27/2014 9:00 AM before Judge William G. Young. Call in information: 888-675-2535 access code: 2052588(Ghilardi, K.) |
Set Deadlines: Discovery due by 10/1/2014; Dispositive Motions due by 11/1/2014; Trial Ready Date 3/1/2015 (Ghilardi, K.) |
Filing 117 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Status Conference set for 3/27/2014 3:00 PM before Judge William G. Young. Counsel should call into 888-675-2535 access code: 2052588 (Ghilardi, K.) |
Filing 116 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Status Conference set for 3/4/2014 3:00 PM before Judge William G. Young. Counsel should call in to 888-675-2535 access code: 2052588 (Ghilardi, K.) |
Filing 115 ORDER denying #104 MOTION Requesting Adjudication of Outstanding Class Notice and Statute of Limitations Tolling Issues and Request for Status Conference to Address Issues Unresolved by the Court's Order. Equitable tolling is appropriate here. The revised proposed notice is adequate. Signed by Judge William G. Young on 2/13/2014. (Ghilardi, K.) |
Filing 114 REPLY to Response to #104 MOTION Requesting Adjudication of Outstanding Class Notice and Statute of Limitations Tolling Issues and Request for Status Conference to Address Issues Unresolved by the Court's Order filed by Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 113 NOTICE by Pawel Bubel Consent to Join Action (Hayber, Richard) |
Filing 112 Joint MOTION for Extension of Time as to Proposed Case Management Schedule #101 Order on Motion to Certify Class by Joseph H. Carlone, Dana Mauro, Peter Poulos, III, Progressive Casualty Ins Co, Rosemary Shea. (Alexander, Lori) |
Filing 111 ORDER granting #110 Motion to Appear Pro Hac Vice Attorney Sara Smolik for Joseph H. Carlone,Sara Smolik for Dana Mauro,Sara Smolik for Peter Poulos, III,Sara Smolik for Rosemary Shea added. Signed by Clerk on 2/7/14. (D'Onofrio, B.) |
Filing 110 MOTION for Attorney(s) Sara Smolik to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3143521) by Joseph H. Carlone, Dana Mauro, Peter Poulos, III, Rosemary Shea. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing)(Hayber, Richard) |
Filing 109 NOTICE by Dana Mauro Consent to Join Action (Hayber, Richard) |
Filing 108 CERTIFICATE OF SERVICE by Joseph H. Carlone re #106 MOTION for Brant Casavant to Withdraw as Attorney (Liss-Riordan, Shannon) |
Filing 107 CERTIFICATE OF SERVICE by Joseph H. Carlone re #105 Response, (Liss-Riordan, Shannon) |
Filing 106 MOTION for Brant Casavant to Withdraw as Attorney by Joseph H. Carlone. (Liss-Riordan, Shannon) |
Filing 105 RESPONSE re #104 MOTION Requesting Adjudication of Outstanding Class Notice and Statute of Limitations Tolling Issues and Request for Status Conference to Address Issues Unresolved by the Court's Order filed by Joseph H. Carlone. (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
Filing 104 MOTION Requesting Adjudication of Outstanding Class Notice and Statute of Limitations Tolling Issues and Request for Status Conference to Address Issues Unresolved by the Court's Order by Progressive Casualty Ins Co.Responses due by 2/7/2014 (Alexander, Lori) |
Filing 103 CERTIFICATE OF SERVICE by Joseph H. Carlone, Peter Poulos, III, Rosemary Shea re #102 Notice (Other) Consent to Join (Hayber, Richard) |
Filing 102 NOTICE by Rosemary Shea Consent to Join (Hayber, Richard) |
Filing 101 ORDER granting #90 Motion to Certify Class. Signed by Judge William G. Young on 1/10/2014. (Ghilardi, K.) |
Filing 100 CERTIFICATE OF SERVICE by Peter Poulos, III re #99 Notice (Other) Consent to Join (Hayber, Richard) |
Filing 99 NOTICE by Peter Poulos, III Consent to Join (Hayber, Richard) |
Filing 98 REPLY to Response to #90 MOTION to Certify Class to be Issued Pursuant to 29 USC Sec. 216(b) to #96 Ds Memo of Law in Opposition to Ps Motion for Notice to be Issued Pursuant to 29 USC Sec. 216(b) - not a reply to #90 filed by Joseph H. Carlone. (Attachments: #1 Exhibit W, #2 Exhibit W1, #3 Exhibit W2, #4 Exhibit W3, #5 Exhibit W4, #6 Exhibit W5, #7 Exhibit W6, #8 Exhibit W7, #9 Exhibit X, #10 Exhibit Y, #11 Exhibit Z, #12 Exhibit AA)(Hayber, Richard) |
Filing 97 EXHIBIT Appendix of Evidentiary Materials and Authorities by Progressive Casualty Ins Co re #96 Memorandum in Opposition to Motion. (Attachments: #1 Deposition of Joseph Smith, #2 Declaration of Joseph Smith, #3 Deposition of Joseph Carlone, #4 Declaration of Cynthia Barth, #5 Declaration of Justine Cedeno, #6 Declaration of Nicholas Apuzzo, #7 Declaration of Kari Bennett, #8 Declaration of Meghan Clarke, #9 Declaration of Sarah Cody, #10 Declaration of Alisa Cretella, #11 Declaration of William Delucia, #12 Declaration of Douglas Deras, #13 Declaration of Eleanor Ellis, #14 Declaration of Jennifer Farina, #15 Declaration of Robert Husted, #16 Declaration of Jason McKee, #17 Declaration of Kiera Monahan, #18 Declaration of Jamie Sabellico, #19 Declaration of Michael Sabo, #20 Declaration of Michelle Talviste, #21 Deposition of David G. Tufano, #22 Deposition of Justine Cedeno, #23 Deposition of Kathy Kramer, #24 Opt-in Notice, #25 Opt-in Consent Form, #26 Declaration of Pam Fain, #27 Unreported Cases)(Alexander, Lori) |
Filing 96 Memorandum in Opposition re #90 MOTION to Certify Class to be Issued Pursuant to 29 USC Sec. 216(b) filed by Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 95 NOTICE of Appearance by David A. Posner on behalf of Progressive Casualty Ins Co (Posner, David) |
Filing 94 CERTIFICATE OF GOOD STANDING re #85 MOTION for Attorney(s) David A. Posner to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-2936432) by Progressive Casualty Ins Co. (Attachments: #1 Certificate of Good Standing for David Aaron Posner)(Posner, David) |
Set Deadlines as to #90 MOTION to Certify Class to be Issued Pursuant to 29 USC Sec. 216(b). Responses due by 8/23/2013 (Ghilardi, K.) |
Set Deadlines: Discovery due by 2/28/2014; Dispositive Motions due by 3/1/2014; Joint Pre-Trial Memorandum due by 5/1/2014 Trial Ready Date 6/2014 (Ghilardi, K.) |
Filing 93 Minute Entry. Proceedings held before Judge William G. Young: Telephone Status Conference held on 7/24/2013. Attorneys Liss-Riordan, Brant Casavant, Richard Eugene Hayber for the plaintiff, Posner, Mersol and Alexander for the defendant. Court Reporter: Don Womack. The Court revisits the issue of holding an exemplar case with named plaintiff and determines that this matter will not proceed in that manner. The case will be trial ready in June 2014 (jury trial). The Court enters the following case management schedule: The defendant shall file a response to the plaintiff's motion to certify class on or before 8/23/2013; plaintiff's reply is due on or before 8/30/2013. The Court does not guarantee oral arguments on this motion. A decision shall issue by the end of September 2013. Opt in period will close 12/31/2013. Discovery will close on 2/28/2014. Motions for summary judgment shall be filed on 3/1/2014. Defendant's motion to decertify the class shall be filed on or before 3/28/2014; opposition is due 4/18/2014; reply brief is due on or before 4/25/2014. A Joint Pretrial Memorandum is due on or before May 1, 2014. The hearing that was to be set for October 2013 is hereby canceled. Granting #89 Motion to Appear Pro Hac Vice Shannon Liss-Riordan ; Granting #92 Motion to Appear Pro Hac Vice Brant Casavant. 8 minutes (Ghilardi, K.) |
Filing 92 MOTION for Attorney(s) Brant Casavant to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-2946840) by Joseph H. Carlone. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hayber, Richard) |
Filing 91 Memorandum in Support re #90 MOTION to Certify Class to be Issued Pursuant to 29 USC Sec. 216(b) filed by Joseph H. Carlone. (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit A3, #5 Exhibit A4, #6 Exhibit A5, #7 Exhibit A6, #8 Exhibit A7, #9 Exhibit A8, #10 Exhibit A9, #11 Exhibit A10, #12 Exhibit A11, #13 Exhibit A12, #14 Exhibit A13, #15 Exhibit A14, #16 Exhibit A15, #17 Exhibit B, #18 Exhibit C, #19 Exhibit D, #20 Exhibit E, #21 Exhibit F, #22 Exhibit G, #23 Exhibit H, #24 Exhibit I, #25 Exhibit J, #26 Exhibit K, #27 Exhibit L, #28 Exhibit M, #29 Exhibit N, #30 Exhibit O, #31 Exhibit P, #32 Exhibit Q, #33 Exhibit R, #34 Exhibit S, #35 Exhibit T, #36 Exhibit U, #37 Exhibit V)(Hayber, Richard) |
Filing 90 MOTION to Certify Class to be Issued Pursuant to 29 USC Sec. 216(b) by Joseph H. Carlone.Responses due by 8/12/2013 (Hayber, Richard) |
Filing 89 MOTION for Attorney(s) Shannon Liss-Riordan to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-2946797) by Joseph H. Carlone. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hayber, Richard) |
Filing 88 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Status Conference set for 7/24/2013 3:30 PM before Judge William G. Young (Ghilardi, K.) |
Filing 87 ORDER granting #83 MOTION for Extension of Time until 07/10/2013 for the Parties to file a Joint Proposed Case Management Schedule. Signed by Judge William G. Young on 7/12/2013. (Ghilardi, K.) |
Filing 86 ORDER granting #85 Motion to Appear Pro Hac Vice for David A. Posner on behalf of Progressive Casualty Ins Company. Signed by Clerk on 7/14/13. (D'Onofrio, B.) |
Filing 85 MOTION for Attorney(s) David A. Posner to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-2936432) by Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 84 PROPOSED ORDER Joint Proposed Case Management Schedule by Progressive Casualty Ins Co. and Joseph Carlone (Alexander, Lori) Modified on 7/11/2013 to add a filer (D'Onofrio, B.). |
Filing 83 MOTION for Extension of Time until 07/10/2013 for the Parties to file a Joint Proposed Case Management Schedule by Joseph H. Carlone. (Diaz-Vazquez, Erick) Modified on 7/1/2013 to remove terminated filer.(Malone, P.). |
Filing 82 TRANSCRIPT of Proceedings: Type of Hearing: Motion Hearing. Held on 6/17/2013 before Judge William G. Young. Court Reporter: Donald E. Womack. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/22/2013. (Ghilardi, K.) |
Filing 81 Minute Entry. Proceedings held before Judge William G. Young: Motion Hearing held on 6/17/2013 re #54 MOTION for Summary Judgment filed by Progressive Casualty Ins Co, #51 MOTION for Summary Judgment Partial as to Liability filed by Joseph H. Carlone. denying #51 Motion for Summary Judgment; denying #54 Motion for Summary Judgment. The Court offers to proceed on case stated bases - counsel decline to proceed in this manner. After hearing from counsel, the Court enters and Order denying #51 Motion for Summary Judgment and #54 Motion for Summary Judgment. The case is placed on Judge Young's running trial list in October 2013 for an evidentiary hearing on class issues. The Court will make findings and rulings at this time as to class issues. A full trial is set for June 2014. 30 minutes (Ghilardi, K.) |
Filing 80 NOTICE by Joseph H. Carlone re #51 MOTION for Summary Judgment Partial as to Liability of Supplemental Authority (Attachments: #1 Exhibit A)(Hayber, Richard) |
Filing 79 Set Deadlines as to #54 MOTION for Summary Judgment, #51 MOTION for Summary Judgment Partial as to Liability. Motion Hearing (video conferenced) set for 6/17/2013 2:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge William G. Young (Ghilardi, K.) |
Filing 78 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing (Video Conferenced) set for 6/17/2013 2:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge William G. Young (Ghilardi, K.) |
Filing 77 Minute Entry for proceedings held before Judge William G. Young: Telephone Status Conference held on 5/8/2013. The Court explains his role as visiting judge for the District of Connecticut. The Court offers to proceed on a "case stated" basis and explains how it works. A hearing on the pending motions for summary judgment (docket entries 51 & 54) is set for June 17, 2013 at 2:00 PM by video conference. All deadlines are stayed until resolution of these motions. The case will be trial ready in June 2014. A preliminary pretrial conference will be held by this Court prior to returning the case to a resident judge in the District of CT. A joint proposed case management schedule shall be filed on or before 7/1/2013. If the case were to settle, a simple phone call to the clerk is all that is necessary. 18 minutes (Ghilardi, K.) |
Filing 76 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Status Conference set for 5/8/2013 2:30 PM before Judge William G. Young (Ghilardi, K.) |
Filing 75 ORDER granting #74 Motion to Withdraw as Attorney. Attorney Theresa M. Waugh terminated. Signed by Judge William G. Young on 5/2/2013. (Ghilardi, K.) |
Filing 74 MOTION for Theresa M. Waugh to Withdraw as Attorney by Progressive Casualty Ins Co. (Waugh, Theresa) |
Filing 73 ORDER Signed by Judge William G. Young on 1/25/2013.(Ghilardi, K.) |
Filing 72 ORDER OF TRANSFER. Case reassigned to Judge William G. Young for all further proceedings. Address & contact information for Honorable William G. Young: United States District Court, John Joseph Moakley United States Courthouse, One Courthouse Way, Room 5710 Boston, MA 02210-3002. 617-748-9156 . Signed by Clerk on 1/10/2013.(Lynch, K.) Modified on 2/26/2013 (Ghilardi, K.). |
Filing 71 REPLY to Response to #54 MOTION for Summary Judgment filed by Progressive Casualty Ins Co. (Attachments: #1 Exhibit A, #2 Exhibit B)(Alexander, Lori) |
Filing 70 RESPONSE re #63 Memorandum in Opposition to Motion for Summary Judgment filed by Joseph H. Carlone. (Hayber, Richard) |
Filing 69 ORDER granting to 15 pages #67 Motion for Leave to File Excess Pages; ORDER granting to 15 pages #68 Motion for Leave to File Excess Pages. SO ORDERED by Judge Janet C. Hall on 12/13/2012. (DeRubeis, B.) |
Filing 68 MOTION for Leave to File Excess Pages by Joseph H. Carlone. (Diaz-Vazquez, Erick) |
Filing 67 MOTION for Leave to File Excess Pages re Reply Memorandum in Support of Motion for Summary Judgment by Progressive Casualty Ins Co. (Waugh, Theresa) |
Filing 66 Statement of Material Facts re #51 MOTION for Summary Judgment Partial as to Liability - Local Rule 56(a) 2 Statement of Additional Facts in Opposition to Plaintiff's Motion for Summary Judgment filed by Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 65 Statement of Material Facts re #51 MOTION for Summary Judgment Partial as to Liability - Local 56(a)2 Statement in Opposition to Plaintiff's Motion for Summary Judgment filed by Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 64 EXHIBIT - Appendix of Evidentiary Materials and Authorities by Progressive Casualty Ins Co re #63 Memorandum in Opposition to #51 Motion for Summary Judgment. (Attachments: #1 Appendix Part 2, #2 Appendix Part 3, #3 Appendix Part 4, #4 Appendix Part 5, #5 Appendix Part 6, #6 Appendix Part 7)(Alexander, Lori) Modified on 12/3/2012 to create link(Falcone, K.). |
Filing 63 Memorandum in Opposition re #51 MOTION for Summary Judgment Partial as to Liability filed by Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 62 Statement of Material Facts re #54 MOTION for Summary Judgment Local Rule 56(a)2 Statement filed by Joseph H. Carlone. (Hayber, Richard) |
Filing 61 Memorandum in Opposition in Support of Plaintiff's Opposition to Defendant's re #54 MOTION for Summary Judgment filed by Joseph H. Carlone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hayber, Richard) |
Filing 60 ORDER granting #59 Motion for Extension of Time to File Response/Reply re #54 MOTION for Summary Judgment, #51 MOTION for Summary Judgment Partial as to Liability Responses due by 12/14/2012. SO ORDERED by Judge Janet C. Hall on 11/13/2012. (Lewis, D) |
Filing 59 Consent MOTION for Extension of Time to File Response/Reply as to #54 MOTION for Summary Judgment, #51 MOTION for Summary Judgment Partial as to Liability until 11/30/12 & 12/14/12 by Joseph H. Carlone. (Diaz-Vazquez, Erick) |
Filing 58 STANDING PROTECTIVE ORDER. Signed by Judge Janet C. Hall on 11/1/2012. (Lewis, D) |
Filing 57 EXHIBIT - Appendix of Evidentiary Materials and Authorities by Progressive Casualty Ins Co re #54 MOTION for Summary Judgment. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7)(Alexander, Lori) |
Filing 56 Statement of Material Facts re #54 MOTION for Summary Judgment filed by Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 55 Memorandum in Support re #54 MOTION for Summary Judgment filed by Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 54 MOTION for Summary Judgment by Progressive Casualty Ins Co.Responses due by 11/16/2012 (Alexander, Lori) |
Filing 53 Statement of Material Facts re #51 MOTION for Summary Judgment Partial as to Liability filed by Joseph H. Carlone. (Hayber, Richard) |
Filing 52 Memorandum in Support re #51 MOTION for Summary Judgment Partial as to Liability filed by Joseph H. Carlone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hayber, Richard) |
Filing 51 MOTION for Summary Judgment Partial as to Liability by Joseph H. Carlone.Responses due by 11/16/2012 (Hayber, Richard) |
Filing 50 ORDER OF TRANSFER. Case reassigned to Judge Janet C. Hall for all further proceedings. Signed by Clerk on 10/18/2012. (Villano, P.) |
Set Deadlines: Dispositive Motions due by 11/30/2012 (Ghilardi, K.) |
Filing 49 AMENDED SCHEDULING ORDER granting #48 Motion to Amend/Correct. The Court orders that the following agreed upon deadlines shall apply. First, cross motions for summary judgment and accompanying documents are due October 26, 2012, with oppositions due November 16, 2012, and reply memoranda due November 30, 2012.Second, the deadlines regarding any motion for class and/or conditional certification are hereby adjourned, and the parties are directed to submit to the Court a proposed scheduling order relating to certification briefing within fifteen days of the Court's rulings on the cross motions for summary judgment. Signed by Judge Mark R. Kravitz on 9/21/2012. (Lake, G.) |
Filing 48 Joint MOTION to Amend/Correct #30 Case Management Order, by Progressive Casualty Ins Co.Responses due by 10/12/2012 (Waugh, Theresa) Modified on 9/24/2012 to change motion relief(Brown, S.). |
Filing 47 ORDER. As the parties' Joint Status Report #46 indicates that there are currently no discovery disputes, the telephonic status conference scheduled for September 24, 2012 is canceled. If discovery issues arise, the parties are reminded to comply with the instructions detailed in the case management order. In addition, the Court approves of the parties' proposed briefing scheduling for the anticipated cross motions for summary judgment. With the telephonic conference canceled, the parties may file a joint motion to amend the case management order as they see fit, including a request to postpone the motions for either class or collective treatment until after the Court's ruling on the cross motions for summary judgment. Signed by Judge Mark R. Kravitz on 9/14/2012. (Lake, G.) |
Filing 46 Joint STATUS REPORT by Joseph H. Carlone, Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 45 ORDER. The Court GRANTS Plaintiff's #41 Motion to Modify Scheduling Order. Plaintiff may move for conditional and class certification on or before November 16, 2012. Signed by Judge Mark R. Kravitz on 8/14/2012. (Lake, G.) |
Filing 44 ORDER. The Court GRANTS Plaintiff's #41 Motion to Modify Scheduling Order. Plaintiff may move for conditional and class certification on or before November 16, 2012. Signed by Judge Mark R. Kravitz on 8/14/2012. (Lake, G.) |
Filing 43 ORDER DISMISSING CASE as to Krista M. Patla only re #42 Stipulation of Dismissal of Krista M. Patla. Signed by Judge Mark R. Kravitz on 8/13/2012. (Ghilardi, K.) |
Filing 42 STIPULATION of Dismissal of Krista M. Patla by Krista M. Patla. (Hayber, Richard) |
Filing 41 MOTION for Extention of Scheduling Order Deadlines by Joseph H. Carlone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hayber, Richard) Modified on 8/13/2012 to change motion and to remove response deadline (Brown, S.). |
Filing 40 ORDER. The parties have filed a joint #39 Stipulation of Dismissal that does not disclose why Plaintiff Krista M. Patla has agreed to have her Fair Labor Standards Act ("FLSA") claims dismissed with prejudice. If the parties have settled the matter as to Ms. Patla, the Court notes that "FLSA settlements generally require judicial approval to be effective, because private settlements will not effectuate a valid release." Aros v. United Rentals, Inc., 2012 WL 3060470, at *2 (D. Conn. July 26, 2012) (citing Brooklyn Savings Bank v. O'Neil, 324 U.S. 697, 70304 (1945)). While a joint stipulation of dismissal without prejudice would be valid under Rule 41(a)(1), the #39 Stipulation of Dismissal of Ms. Patla's claim is with prejudice and thus requires judicial approval. See Wolinsky v Scholastic Inc., No. 11 Civ. 5917 (JMF), 2012 WL 2700381, at *7 ("Voluntary dismissal by the plaintiff without a court order under Rule 41(a)(1)... is subject to 'any applicable federal statute,' Fed. R. Civ. P. 41(a)(1), and... the FLSA does not allow an employee to waive or otherwise settle a claim for unpaid wages for less than the full statutory damages unless the settlement is supervised by the Secretary of Labor or made pursuant to a judicially supervised stipulated settlement.").Accordingly, the Court finds that the parties' #39 Stipulation of Dismissal is invalid under Rule 41(a)(1). The parties may file a stipulation of dismissal without prejudice or file a joint motion for settlement. Signed by Judge Mark R. Kravitz on 8/9/2012. (Lake, G.) |
Filing 39 STIPULATION of Dismissal of Party, Krista M. Patla by Krista M. Patla. (Diaz-Vazquez, Erick) |
Filing 38 ORDER. Plaintiff Krista M. Patla has filed a #37 Consent to Opt-out of Lawsuit, seeking to withdraw from the present suit. Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure provides that a plaintiff may voluntarily withdraw from a lawsuit only if the notice is filed "before the opposing party serves... an answer." Opt-in plaintiffs in suits brought under the Fair Labor Standards Act ("FLSA") are no exception. See Butler v. DirectSat USA, LLC, 800 F. Supp. 2d 662, 666 (D. Md. 2011) (noting that FLSA opt-in plaintiffs "are considered party plaintiffs with the same status as the named plaintiffs" and finding merit in the argument that, after an answer has been filed, opt-in plaintiffs must do more than file a notice to withdraw from a lawsuit); see also Fengler v. Crouse Health Sys., 634 F. Supp. 2d 257, 262 (N.D.N.Y. 2009). Because Defendant has already filed its #17 Answer, if Ms. Patla wishes to withdraw from the lawsuit, she must either obtain a stipulation under Rule 41(a)(1)(A)(ii) or file a motion requesting that the Court dismiss the action as to her. Signed by Judge Mark R. Kravitz on 8/6/2012. (Lake, G.) |
Filing 37 NOTICE by Krista M. Patla Consent to Opt Out of Lawsuit (Hayber, Richard) |
Filing 36 NOTICE of Appearance by Todd D. Steigman on behalf of Joseph H. Carlone, Krista M. Patla (Steigman, Todd) |
Docket Entry Correction re #32 Joint MOTION for Protective Order (Stipulated); modified to add all filers (Brown, S.) |
Filing 34 ORDER. For good cause shown, the Court GRANTS Defendant Progressive Casualty Insurance Company's Motion for Extension of Time #33 . Defendant shall respond to Plaintiff's first set of interrogatories and document requests on or before August 1, 2012. Signed by Judge Mark R. Kravitz on 7/2/2012. (Lake, G.) |
Filing 35 ORDER granting #32 Motion for Protective Order with attached Stipulated Protective Order. Signed by Judge Mark R. Kravitz on 6/29/12. (Brown, S.) |
Filing 33 First MOTION for Extension of Time until August 1, 2012 to respond or object to discovery requests by Progressive Casualty Ins Co. (Waugh, Theresa) |
Filing 32 Joint MOTION for Protective Order (Stipulated) by Progressive Casualty Ins Co, Joseph H. Carlone, Krista Patla. Responses due by 7/19/2012 (Attachments: #1 Stipulated Protective Order)(Waugh, Theresa) Modified on 7/5/2012 to add all filers (Brown, S.). Modified on 7/5/2012 to add all filers to docket text (Brown, S.). |
Filing 31 NOTICE by Krista M. Patla Consent to Join (Hayber, Richard) |
Set Deadlines: Dispositive Motions due by 1/4/2013 (Ghilardi, K.) |
Filing 30 CASE MANAGEMENT ORDER: Counsel are expected to read the attachments to the Case Management Order.Telephonic Status Conference set for 9/24/2012 08:45 AM before Judge Mark R. Kravitz ; Amended Pleadings due by 8/1/2012; Discovery due by 12/1/2012; Status Report due by 9/14/2012; Trial Ready Date 5/6/2013; Trial Brief due by 3/4/2013. Signed by Judge Mark R. Kravitz on 6/13/12. (Brown, S.) |
Filing 29 NOTICE by Joseph H. Carlone Consent to Join Action (Hayber, Richard) |
Filing 28 CERTIFICATE OF GOOD STANDING re #20 MOTION for Attorney(s) Gregory V. Mersol to be Admitted Pro Hac Vice by Progressive Casualty Ins Co. (Waugh, Theresa) |
Filing 26 NOTICE of Appearance by Stephen C. Sutton on behalf of Progressive Casualty Ins Co (Sutton, Stephen) |
Filing 25 Endorsement ORDER granting #24 Motion for Attorney Stephen C. Sutton to Appear Pro Hac Vice. Signed by Clerk on 6/5/12. (Brown, S.) |
Filing 27 Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Scheduling Conference held on 6/4/2012. 4 minutes (Ghilardi, K.) |
Filing 24 MOTION for Attorney(s) Stephen C. Sutton to be Admitted Pro Hac Vice (includes a request to waive the fee) by Progressive Casualty Ins Co. (Waugh, Theresa) |
Set Deadlines: Telephone Status Conference set for 6/4/2012 9:00 AM before Judge Mark R. Kravitz (Ghilardi, K.) |
Filing 23 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL AND THE PARTIES WILL RECEIVE. Telephonic Status Conference set for June 4, 2012 at 9:00 AM before Judge Mark R. Kravitz. Plaintiff's attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (These arrangements can be altered by agreement of the parties. Please notify chambers if that is the case.) PLEASE NOTE that the parties should commence discovery immediately in accordance with the discovery plan set forth in their 26(f) Report and they should not delay discovery pending the conference scheduled herein or entry of a scheduling order. (Soucek, B.) |
Filing 22 REPORT of Rule 26(f) Planning Meeting. (Alexander, Lori) |
Filing 21 Endorsement ORDER granting #20 Motion for Attorney Gregory V. Mersol to Appear pro hac vice Certificate of Good Standing due by 7/28/2012. Signed by Clerk on 5/29/12. (Brown, S.) |
Filing 20 MOTION for Attorney(s) Gregory V. Mersol to be Admitted Pro Hac Vice by Progressive Casualty Ins Co. (Waugh, Theresa) |
Filing 19 ORDER. Defendants pro hac vice motions #15 #16 are DENIED without prejudice to renewal as they fail to include bar numbers for each court of admission. If there are no bar numbers provided by those courts, the motions need to state that fact. Signed by Judge Mark R. Kravitz on 5/24/2012. (Crootof, R.) |
Filing 18 Corporate Disclosure Statement by Progressive Casualty Ins Co identifying Corporate Parent Drive Insurance Holdings, Inc., Corporate Parent The Progressive Corporation for Progressive Casualty Ins Co. (Waugh, Theresa) |
Filing 17 ANSWER to #1 Complaint and Defenses by Progressive Casualty Ins Co.(Waugh, Theresa) |
Filing 16 MOTION for Attorney(s) Stephen C. Sutton to be Admitted Pro Hac Vice (paid $25 PHV fee; receipt number 0205-2496913) by Progressive Casualty Ins Co. (Waugh, Theresa) |
Filing 15 MOTION for Attorney(s) Gregory V. Mersol to be Admitted Pro Hac Vice (paid $25 PHV fee; receipt number 0205-2496895) by Progressive Casualty Ins Co. (Waugh, Theresa) |
Answer deadline updated for Progressive Casualty Ins Co to 5/14/2012. (Malone, P.) |
Filing 14 ORDER granting #13 Consent Motion for Extension of Time. Defendant shall answer or otherwise respond to Plaintiff's #1 Complaint no later than May 14, 2012. Signed by Judge Mark R. Kravitz on 4/16/2012. (Hamilton, S.) |
Filing 13 Consent MOTION for Extension of Time until May 14, 2012 to Respond to #1 Complaint by Progressive Casualty Ins Co. (Alexander, Lori) |
Filing 12 NOTICE of Appearance by Theresa M. Waugh on behalf of Progressive Casualty Ins Co (Waugh, Theresa) |
Filing 11 NOTICE of Appearance by Lori B. Alexander on behalf of Progressive Casualty Ins Co (Alexander, Lori) |
Filing 10 NOTICE of Appearance by Anthony J. Pantuso, III on behalf of Joseph H. Carlone (Pantuso, Anthony) |
Set Deadlines: Dismissal due by 5/1/2012 (Ghilardi, K.) |
Filing 9 ORDER. According to the record before the Court, Defendant Progressive Casualty Insurance Company ("Progressive") was served Plaintiff Joseph H. Carlone's Complaint #1 on March 7, 2012, but no party has taken any action in this case since that date. Given that Progressive has failed to appear or file an answer, the Court directs Mr. Carlone to move for entry of a default against Progressive pusuant to Rule 55(a) of the Federal Rules of Civil Procedure on or before April 30, 2012. Failure to do so will result in the Court dismissing the case for failure to prosecute the action on May 1, 2012. See D. Conn. L. Civ. R. 41(a). Signed by Judge Mark R. Kravitz on 4/2/2012. (Crootof, R.) |
Filing 8 NOTICE of Appearance by Erick Ignacio Diaz-Vazquez on behalf of Joseph H. Carlone (Diaz-Vazquez, Erick) |
Filing 7 NOTICE of Appearance by Margaret B. Ferron on behalf of Joseph H. Carlone (Ferron, Margaret) |
Filing 6 SUMMONS Returned Executed by Joseph H. Carlone. Progressive Casualty Ins Co served on 3/7/2012, answer due 3/28/2012. (Hayber, Richard) |
Filing 5 NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of #1 Complaint filed by Joseph H. Carlone, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order. Signed by Clerk on 2/23/2012. (Kelsey, N.) |
Filing 4 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Progressive Casualty Insurance Company* with answer to complaint due within *21* days. Attorney *Hayber Law Firm LLC* *221 Main Street* *Suite 502* *Hartford, CT 06106*. (Falcone, K.) |
Request for Clerk to issue summons as to Progressive Casualty Insurance Company. (Hayber, Richard) |
Filing 3 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Mark R. Kravitz on 2/8/2012. (Gothers, M.) |
Filing 2 Order on Pretrial Deadlines: Motions to Dismiss due on 5/8/2012. Amended Pleadings due by 4/8/2012 Discovery due by 8/9/2012 Dispositive Motions due by 9/8/2012. Signed by Clerk on 2/8/2012. (Gothers, M.) |
Filing 1 COLLECTIVE & CLASS ACTION COMPLAINT against Progressive Casualty Insurance Company, filed by Joseph H. Carlone. (Attachments: #1 Civil Cover Sheet)(Gothers, M.) |
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