Zipp et al v. World Mortgage Company et al
Eric Zipp, Diane Zipp, William J. Walker and Michelle Markota |
World Mortgage Company, World Savings Bank, FSB, Wachovia Mortgage Corporation, Golden West Financial Corp. and Wachovia Corporation |
6:2008cv01638 |
September 23, 2008 |
US District Court for the Middle District of Florida |
Labor: Fair Standards Office |
XX US, Outside State |
John Antoon |
Karla R Spaulding |
Labor: Fair Standards |
29 U.S.C. § 201 |
Both |
Docket Report
This docket was last retrieved on September 8, 2011. A more recent docket listing may be available from PACER.
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Filing 101 Joint NOTICE OF NO OBJECTION re #98 REPORT AND RECOMMENDATION re #97 Joint MOTION to Approve Settlement and dismiss this Action with prejudice and to Add Opt-In Party Plaintiffs filed by Golden West Financial Corp., Wachovia Corporation, Wachovia Mortgage Corporation, World Mortgage Company, World Savings Bank, FSB (Ellerson, Tracey) Modified on 9/6/2011 (JET). |
Filing 100 JOINT NOTICE of adding exhibits re #97 Joint MOTION to Approve Settlement and dismiss this Action with prejudice and to Add Opt-In Party Plaintiffs by Golden West Financial Corp., Wachovia Corporation, Wachovia Mortgage Corporation, World Mortgage Company, World Savings Bank, FSB, Diane Zipp, Michelle Markota and William J. Walker (Attachments: #1 Exhibit: Acceptance of Settlement Agreement, #2 Exhibit: Allocation)(Ellerson, Tracey) Modified on 8/30/2011 to add filers (JET). |
Filing 99 Unopposed MOTION to dismiss With Prejudice of Opt-In Plaintiffs Not Participating in FLSA Settlement by All Plaintiffs. (Frimmel, Deborah) Motions referred to Magistrate Judge Karla R. Spaulding. |
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Filing 97 Joint MOTION to Approve Settlement and dismiss this Action with prejudice and to Add Opt-In Party Plaintiffs by All parties. (Attachments: #1 Exhibit A: List of Putative Opt-ins, #2 Exhibit B: Executed Settlement Agreement, #3 Exhibit C: Settlement Allocation, #4 Exhibit Composite D-1: Executed Releases (Part 1 of 2), #5 Exhibit Composite D-2: Executed Releases (Part 2 of 2), #6 Exhibit E: Declarations)(Ellerson, Tracey) Modified on 7/26/2011 (JET). |
Deadlines terminated per Order #96. Trial cancelled. (JET) |
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Filing 95 Minute Entry. Proceedings held before Magistrate Judge Karla R. Spaulding: Status Conference/Show Cause Hearing held on 6/20/2011. (digital) (KKA) |
Set/reset hearings: Show Cause Hearing set for 6/20/2011 at 02:00 PM before Magistrate Judge Karla R. Spaulding. Status Conference set for 6/20/2011 at 02:00 PM before Magistrate Judge Karla R. Spaulding. See Orders #92 and #93. (JET) |
Filing 94 NOTICE of Settlement by Golden West Financial Corp., Wachovia Corporation, Wachovia Mortgage Corporation, World Mortgage Company, World Savings Bank, FSB (Ellerson, Tracey) |
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Filing 90 Unopposed MOTION to substitute party by Eric Zipp. (Attachments: #1 Exhibit)(Frimmel, Deborah) Motions referred to Magistrate Judge Karla R. Spaulding. |
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Filing 87 REPORT AND RECOMMENDATION re #77 MOTION to compel arbitration filed by Golden West Financial Corp., World Savings Bank, FSB, Wachovia Corporation, World Mortgage Company, Wachovia Mortgage Corporation. Signed by Magistrate Judge Karla R. Spaulding on 9/21/2010. (ECJ) |
Filing 86 REPORT AND RECOMMENDATION re #75 MOTION for Conditional Certification as Collective Action filed by Eric Zipp, Michelle Markota, William J. Walker. Signed by Magistrate Judge Karla R. Spaulding on 9/9/2010. (ECJ) |
Filing 85 REPLY to #78 response to motion re #75 MOTION for Conditional Certification as Collective Action filed by Michelle Markota, William J. Walker, Eric Zipp. (Frimmel, Deborah) Modified on 7/20/2010 (JET). (See Order #83.) |
Filing 84 MEMORANDUM in opposition re #77 Motion to compel arbitration filed by Michelle Markota, William J. Walker, Eric Zipp. (Attachments: #1 Declaration of Darnley Stewart, #2 Exhibit A of Declaration, #3 Exhibit B of Declaration, #4 Exhibit C of Declaration)(Frimmel, Deborah) Modified on 7/20/2010 (JET). |
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Filing 81 MOTION for leave to file REPLY BRIEF in Support of #75 Motion for Conditional Certification as a Collective Action Pursuant to 29 U.S.C. Sec. 216(b) by Michelle Markota, William J. Walker, Eric Zipp. (Frimmel, Deborah) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 7/13/2010 (JET). |
Filing 80 Unopposed MOTION for extension of time until 7/19/10 to file response to #77 Motion to Compel Arbitration by Michelle Markota, William J. Walker, Eric Zipp. (Frimmel, Deborah) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 7/12/2010 (JET). |
Filing 79 NOTICE of Filing Supplemental Local Rule 3.01(g) Certification re #77 MOTION to compel arbitration by Golden West Financial Corp., Wachovia Corporation, Wachovia Mortgage Corporation, World Mortgage Company, World Savings Bank, FSB (Ellerson, Tracey) Modified on 7/9/2010 (JET). |
Filing 78 RESPONSE in opposition re #75 MOTION for Conditional Certification as Collective Action filed by Golden West Financial Corp., Wachovia Corporation, Wachovia Mortgage Corporation, World Mortgage Company, World Savings Bank, FSB. (Attachments: #1 Declaration of John Biles, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration)(Ellerson, Tracey) Modified on 6/29/2010 to clarify text (JET). |
Filing 77 MOTION to compel arbitration by Golden West Financial Corp., Wachovia Corporation, Wachovia Mortgage Corporation, World Mortgage Company, World Savings Bank, FSB. (Attachments: #1 Exhibit 1 Wilson, #2 Exhibit 2 Meglio, #3 Exhibit 3 Order)(Ellerson, Tracey) |
Filing 76 STATUS REPORT by Michelle Markota and Eric Zipp. (Frimmel, Deborah) Modified on 6/16/2010 (JET). |
Filing 75 MOTION for Conditional Certification as Collective Action by Michelle Markota, William J. Walker, Eric Zipp. (Attachments: #1 Exhibit: Declaration of Darnley D. Stewart, #2 Exhibit: Declaration of James A Beverly, #3 Exhibit: Declaration of William J. Walker Jr., #4 Exhibit: Declaration of Lori Trinh-Nhieu, #5 Exhibit: Declaration of Rebbeca Wilson, #6 Exhibit: Declaration of Lonnie Abdallah, #7 Exhibit: Award of Arbitrator Lynn H. Cole, in Peyovoch v Wachovia Corporation, et. al., #8 Exhibit: Staff Appraiser job description produced by Defendants)(Frimmel, Deborah) Modified on 6/9/2010 (JET). |
CASE REFERRED to Magistrate Judge Karla R. Spaulding. (LAK) |
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Filing 73 Amended ANSWER and affirmative defenses to #2 Complaint by Golden West Financial Corp., Wachovia Corporation, Wachovia Mortgage Corporation, World Mortgage Company, World Savings Bank, FSB.(Shaughnessy, Kevin) |
Filing 72 Minute Entry. Proceedings held before Magistrate Judge Karla R. Spaulding. Status Conference held on 5/3/2010. (DIGITAL) (ECJ) |
CASE REFERRED to mediation. (LAM) |
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Filing 70 Case reassigned to Magistrate Judge Karla R. Spaulding. New case number: 6:08-cv-1638-28KRS. Magistrate Judge Gregory J. Kelly no longer assigned to the case. (LAK) |
Filing 69 NOTICE of Hearing: Status Conference set for 5/3/2010 at 09:30 AM in Orlando Courtroom 5 D before Magistrate Judge Karla R. Spaulding. (ECJ) |
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Filing 67 CASE MANAGEMENT REPORT. (Shaughnessy, Kevin) |
Filing 66 STATUS REPORT by Eric Zipp, Michelle Markota . (Frimmel, Deborah) Modified on 3/16/2010 (LAK). |
Filing 65 STATUS REPORT by Eric Zipp, Michelle Markota (Frimmel, Deborah) Modified on 3/16/2010 (LAK). |
Filing 64 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 L Meglio Consent Form)(Frimmel, Deborah) |
Filing 63 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Ector Salidas Consent Form)(Frimmel, Deborah) |
Filing 62 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Karen Lampert Consent Form)(Frimmel, Deborah) |
Filing 61 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Rebecca Wilson Consent Form)(Frimmel, Deborah) |
Filing 60 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Exhibit Mary Goodman Consent Form)(Frimmel, Deborah) |
Filing 59 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Exhibit Jason Summers Consent Form)(Frimmel, Deborah) |
Filing 58 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Exhibit Jennifer Fisher-Freeman Consent Form)(Frimmel, Deborah) |
Filing 57 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Exhibit Jason Gray Consent Form)(Frimmel, Deborah) |
Filing 56 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Exhibit Consent Form of Lonnie Paul Abdallah)(Frimmel, Deborah) |
Filing 55 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Exhibit Consent Form of Chris Brashears)(Frimmel, Deborah) |
Filing 54 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form for Debra Morgan)(Frimmel, Deborah) Modified on 9/29/2009 (LAK). |
Filing 53 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1Consent Form for Carol Fennessy)(Frimmel, Deborah) Modified on 9/29/2009 (LAK). |
Filing 52 RESPONSE TO ORDER TO SHOW CAUSE re #51 Order to show cause filed by Eric Zipp, Michelle Markota. (Frimmel, Deborah) |
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Filing 50 ANSWER and affirmative defenses to #2 Complaint by World Mortgage Company, World Savings Bank, FSB, Golden West Financial Corp., Wachovia Mortgage Corporation, Wachovia Corporation.(Ellerson, Tracey) |
Filing 49 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Trina Whitaker)(Frimmel, Deborah) |
Filing 48 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Susan Rice)(Frimmel, Deborah) |
Filing 47 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Sheryl Riddle)(Frimmel, Deborah) |
Filing 46 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Parisa Samimi)(Frimmel, Deborah) |
Filing 45 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Maya Colorado)(Frimmel, Deborah) |
Filing 44 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Maxine Block)(Frimmel, Deborah) |
Filing 43 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Marlo Stone)(Frimmel, Deborah) |
Filing 42 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Lori Nhieu)(Frimmel, Deborah) |
Filing 41 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of John Evans)(Frimmel, Deborah) |
Filing 40 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Janet Kershaw)(Frimmel, Deborah) |
Filing 39 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of James Beverly)(Frimmel, Deborah) |
Filing 38 NOTICE of Consent to Join by Eric Zipp, William J. Walker, Michelle Markota (Attachments: #1 Consent Form of Frank Luzzaro)(Frimmel, Deborah) |
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Filing 36 RESPONSE TO ORDER TO SHOW CAUSE re #35 Order to show cause filed by Eric Zipp, Michelle Markota. (Attachments: #1 Exhibit)(Frimmel, Deborah) Modified on 5/19/2009 (LAK). |
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Filing 34 MEMORANDUM in opposition re #25 Motion to dismiss filed by Eric Zipp, William J. Walker, Michelle Markota. (Frimmel, Deborah) |
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Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply as to #25 MOTION to dismiss Complaint by all plaintiffs. (Frimmel, Deborah) Motions referred to Magistrate Judge Gregory J. Kelly. |
Filing 30 NOTICE of withdrawal of motion by Eric Zipp, William J. Walker, Michelle Markota re #13 MOTION for temporary restraining order filed by Eric Zipp, Michelle Markota, William J. Walker (Frimmel, Deborah) |
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Filing 28 Unopposed MOTION for Bruce E. Menken to appear pro hac vice by all plaintiffs. (Attachments: #1 Exhibit Certificate of Good Standing)(Frimmel, Deborah) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 26 MEMORANDUM in opposition re #13 Motion for temporary restraining order and preliminary injunction filed by World Mortgage Company, World Savings Bank, FSB, Golden West Financial Corp., Wachovia Mortgage Corporation, Wachovia Corporation. (Attachments: #1 Exhibit A - Declaration of Jay R. Biles, #2 Exhibit B - Severance Agreement and Waiver, #3 Exhibit C - Letter of Solicitation, #4 Exhibit D - Nathan McCoy website)(Shaughnessy, Kevin) |
Filing 25 MOTION to dismiss Complaint (Counts II and III) by World Mortgage Company, World Savings Bank, FSB, Golden West Financial Corp., Wachovia Mortgage Corporation, Wachovia Corporation. (Attachments: #1 Exhibit A - Agreement and Plan of Merger, #2 Exhibit B - WISE Plan, #3 Exhibit C - WISE 401-k Summary Plan Description, #4 Exhibit D - Wachovia Savings Plan, #5 Exhibit E - Wachovia Pension Plan)(Shaughnessy, Kevin) Modified on 12/9/2008 (LAM). |
Filing 24 STIPULATION re #2 Complaint /Joint Stipulation to Stay Claims of Plaintiffs Eric Zipp and Michelle Markota by World Mortgage Company, World Savings Bank, FSB, Golden West Financial Corp., Wachovia Mortgage Corporation, Wachovia Corporation. (Ellerson, Tracey) |
Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by World Mortgage Company, World Savings Bank, FSB, Golden West Financial Corp., Wachovia Mortgage Corporation, Wachovia Corporation. (Ellerson, Tracey) |
Filing 22 NOTICE of pendency of related cases re per Local Rule 1.04(d) by World Mortgage Company, World Savings Bank, FSB, Golden West Financial Corp., Wachovia Mortgage Corporation, Wachovia Corporation. Related case(s): yes (Ellerson, Tracey) |
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Filing 20 Case Reassigned to Judge John Antoon II. New case number: 6:08-cv-1638-Orl-28GJK. Judge Mary S. Scriven no longer assigned to the case. (IGC) |
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Filing 17 Unopposed MOTION to extend time to Respond to the Plaintiffs' Complaint With Supporting Memorandum of Law by all defendants. (Seegers, James) |
Filing 16 NOTICE of Appearance by Kevin W. Shaughnessy on behalf of World Mortgage Company, World Savings Bank, FSB, Golden West Financial Corp., Wachovia Mortgage Corporation, Wachovia Corporation (Shaughnessy, Kevin) |
Filing 15 NOTICE of Appearance by James W. Seegers on behalf of World Mortgage Company, World Savings Bank, FSB, Golden West Financial Corp., Wachovia Mortgage Corporation, Wachovia Corporation (Seegers, James) |
Filing 14 NOTICE of Appearance by Tracey L. Ellerson on behalf of World Mortgage Company, World Savings Bank, FSB, Golden West Financial Corp., Wachovia Mortgage Corporation, Wachovia Corporation (Ellerson, Tracey) |
Filing 13 MOTION for temporary restraining order and preliminary injunction by all plaintiffs. (Attachments: #1 Appendix Zipp Dec, #2 Exhibit Zipp Dec Exh A, #3 Exhibit Zipp Dec E B, #4 Exhibit Zipp Dec EX C, #5 Appendix Frimmel Dec)(Frimmel, Deborah) Modified on 11/24/2008 (LAM). |
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Filing 11 MOTION for Darnley Stewart to appear pro hac vice by all plaintiffs. (Attachments: #1 Exhibit Certificate of Good Standing)(Frimmel, Deborah) Motions referred to Magistrate Judge Gregory J. Kelly. |
Filing 10 NOTICE of Appearance by Deborah E. Frimmel on behalf of Eric Zipp, William J. Walker, Michelle Markota (Frimmel, Deborah) |
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Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Eric Zipp. (LAK) |
Filing 6 NOTICE of pendency of related cases re #4 Related case order and notice of designation of track 1 per Local Rule 1.04(d) by Eric Zipp. Related case: yes (LAK) |
Case Reassigned to Judge Mary S. Scriven. New case number: 6:08-cv-1638-Orl-35GJK. Unassigned Judge ORL no longer assigned to the case. (MAA) |
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Filing 3 NOTICE to counsel of Local Rule 2.02 (signed by deputy clerk). (LAK) |
Filing 2 COMPLAINT against all defendants with Jury Demand filed by Eric Zipp, William J. Walker, Michelle Markota. (originally filed 6/4/08 in the Southern District of New York)(LAK) Plaintiff William Walker's Counts II and III are dismissed with prejudice per Court's Order Doc. No. 37. Modified on 6/29/2009 (AIQ). |
Filing 1 Case transferred in Southern District of New York. Certified copy of transfer order and docket sheet received. (Attachments: #1 Docket Sheet, #2 Transfer Order)(LAK) |
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