TIDWELL v. BWW SOUTHERN MANAGEMENT INC
| ANN TIDWELL, QUINTIN BARNES and KASSIDEE BILYK |
| BWW SOUTHERN MANAGEMENT, INC. doing business as BUFFALO WILD WINGS and BWW SOUTHERN MANAGEMENT INC doing business as BUFFALO WILD WINGS |
| 5:2023cv00071 |
| March 20, 2023 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| ALLEN C WINSOR |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
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Filing 33
ORDER GRANTING IN PART #15 MOTION TO DISMISS; denying as moot #26 MOTION to Extend Time to file Motion for Class Certification. (Tidwell will have leave to amend and add additional facts by 8/14/2023., If Tidwell files an amended complaint as to the federal claims, BWW's response due 8/28/2023., If Tidwell does not file an amended complaint as to the federal claims, BWW must file an answer as to the surviving claims (Counts IV and VI) due by 8/21/2023). Signed by JUDGE ALLEN C WINSOR on 7/31/2023. (kdm)
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| Filing 32 Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Motion Hearing held on 7/18/2023 re #15 MOTION to Dismiss Plaintiff's Class/Collective Action Complaint for Damages - arguments presented by both sides - written order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee).) (tss) |
| Filing 31 NOTICE of Supplemental Briefing in Support of Motion to Dismiss by BWW SOUTHERN MANAGEMENT INC re #27 Order, (MILLER, DAVID) |
| Filing 30 NOTICE of Supplemental Briefing in Response to Order Setting Hearing on Defendant's Motion to Dismiss by ANN TIDWELL re #27 Order, (MILLER, MICHAEL) |
| Filing 29 NOTICE of Telephonic Hearing on Motion #15 MOTION to Dismiss Plaintiff's Class/Collective Action Complaint for Damages Telephonic Motion Hearing set for 7/18/2023 at 08:30 AM Eastern before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
| Filing 28 RESPONSE in Opposition re #26 MOTION to Extend Timeto file Motion for Class Certification filed by BWW SOUTHERN MANAGEMENT INC. (MILLER, DAVID) |
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Filing 27
ORDER SETTING HEARING - The clerk will set a telephonic hearing re #15 MOTION to Dismiss Plaintiff's Class/Collective Action Complaint for Damages filed by BWW SOUTHERN MANAGEMENT INC signed by JUDGE ALLEN C WINSOR on 6/28/23. (bkp)
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| Filing 26 MOTION to Extend Timeto file Motion for Class Certification by ANN TIDWELL. (MILLER, MICHAEL) |
| Filing 25 NOTICE of Appearance by MICHAEL VINCENT MILLER on behalf of All Plaintiffs (MILLER, MICHAEL) |
| Filing 24 RESPONSE in Opposition re #15 MOTION to Dismiss Plaintiff's Class/Collective Action Complaint for Damages filed by ANN TIDWELL. (RICHARDS, JORDAN) |
| Filing 23 Corporate Disclosure Statement/Certificate of Interested Persons by BWW SOUTHERN MANAGEMENT INC. (MILLER, DAVID) |
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Filing 22
ORDER GRANTING #21 MOTION FOR EXTENSION. (Deadline to file a response to the motion to dismiss (ECF No. #15 ) is extended to: 6/8/2023). Signed by JUDGE ALLEN C WINSOR on 6/1/2023. (kdm)
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| Filing 21 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss Plaintiff's Class/Collective Action Complaint for Damages (Unopposed) by ANN TIDWELL. (RICHARDS, JORDAN) |
| Filing 20 REPLY to Response to Motion re #8 MOTION to Certify Class PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION PURSUANT TO 29 U.S.C. 216(b) filed by ANN TIDWELL. (RICHARDS, JORDAN) |
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Filing 18
ORDER GRANTING #16 MOTION FOR LEAVE TO FILE REPLY. (Tidwell may file a reply by 5/30/2023). Signed by JUDGE ALLEN C WINSOR on 5/23/2023. (kdm)
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| Set/Reset Hearings: Jury Trial set for 7/23/2024 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. (tss) |
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Filing 19
SCHEDULING AND MEDIATION ORDER entered pursuant to #17 Report of Rule 26(f) Planning Meeting signed by JUDGE ALLEN C WINSOR on 5/22/23. Discovery due by 12/29/2023. Mediation Report due by 1/26/2024. Jury Trial set for 7/23/2024 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. Case referred to mediation. (tss) Modified on 5/24/2023 to correct trial date (tss).
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| Filing 17 REPORT of Rule 26(f) Planning Meeting. (RICHARDS, JORDAN) |
| Filing 16 MOTION for Leave to File a Reply Brief to Defendant's Opposition to Plaintiff's Motion for Conditional Certification by ANN TIDWELL. (RICHARDS, JORDAN) |
| Filing 15 MOTION to Dismiss Plaintiff's Class/Collective Action Complaint for Damages by BWW SOUTHERN MANAGEMENT INC. (Internal deadline for referral to judge if response not filed earlier: 6/1/2023). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (FIX, RENE) |
| Filing 14 RESPONSE in Opposition re #8 MOTION to Certify Class PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION PURSUANT TO 29 U.S.C. 216(b) filed by BWW SOUTHERN MANAGEMENT INC. (Attachments: #1 Exhibit Demand Correspondence, #2 Affidavit Declaration - J. Theiss, #3 Affidavit Sever Declarations, #4 Exhibit Photos - MinW and T/C, #5 Exhibit Personnel Documents, #6 Exhibit Arbitration Agreement) (MILLER, DAVID) |
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Filing 13
ORDER GRANTING #11 MOTION FOR EXTENSION. (Deadline to respond to the conditional-certification motion is extended to: 5/17/2023). Signed by JUDGE ALLEN C WINSOR on 5/10/2023. (kdm)
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| Filing 12 NOTICE of Appearance by RENE M FIX on behalf of BWW SOUTHERN MANAGEMENT INC (FIX, RENE) |
| Filing 11 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Conditional Certification by BWW SOUTHERN MANAGEMENT INC. (MILLER, DAVID) |
| Filing 10 NOTICE of Appearance by DAVID NIGEL MILLER, JR on behalf of BWW SOUTHERN MANAGEMENT INC (MILLER, DAVID) |
| Filing 9 CERTIFICATE OF SERVICE by ANN TIDWELL re #7 Notice (Other), #8 MOTION to Certify Class PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION PURSUANT TO 29 U.S.C. 216(b), #6 Notice (Other) (Attachments: #1 Exhibit A - Screenshot of E-Service of Documents) (RICHARDS, JORDAN) |
| Filing 8 MOTION to Certify Class PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION PURSUANT TO 29 U.S.C. 216(b) by ANN TIDWELL. (Internal deadline for referral to judge if response not filed earlier: 5/9/2023). (Attachments: #1 Exhibit A - Declaration of Ann Tidwell in Support of Motion for Conditional Certification of FLSA Collective Action, #2 Exhibit B - Declaration of Quintin Barnes in Support of Motion for Conditional Certification of FLSA Collective Action, #3 Exhibit C - Notice of Collective Action and Opportunity to Join, #4 Exhibit D - Legal Notice for Posting in Restaurant, #5 Exhibit E - Reminder Notice Cover Page, #6 Text of Proposed Order) (RICHARDS, JORDAN) |
| Filing 7 NOTICE of Filing Consent to Join Collective Action by KASSIDEE BILYK (Attachments: #1 Exhibit A - Consent to Sue Under Fair Labor Standards Act) (RICHARDS, JORDAN) |
| Filing 6 NOTICE of Filing Consent to Join Collective Action by QUINTIN BARNES (Attachments: #1 Exhibit A - Consent to Sue Under Fair Labor Standards Act) (RICHARDS, JORDAN) |
| Filing 5 NOTICE OF FILING CONSENT TO JOIN COLLECTIVE JOIN by ANN TIDWELL (Attachments: #1 Exhibit A - Consent to Sue Under Fair Labor Standards Act) (RICHARDS, JORDAN) |
| Filing 4 WAIVER OF SERVICE Returned Executed by ANN TIDWELL. BWW SOUTHERN MANAGEMENT INC waiver sent on 3/20/2023, answer due 5/19/2023. (RICHARDS, JORDAN) |
| Filing 3 CIVIL COVER SHEET. (kdm) |
| Filing 2 Summons Issued as to BWW SOUTHERN MANAGEMENT INC. (kdm) |
| Filing 1 COMPLAINT CLASS/COLLECTIVE ACTION COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL against BWW SOUTHERN MANAGEMENT, INC. ( Filing fee $ 402 receipt number AFLNDC-7774338.), filed by ANN TIDWELL. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Proposed Summons) (RICHARDS, JORDAN) |
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