Johnson v. McDonald's Corporation
| Ashley Johnson |
| McDonald's Corporation |
| 1:2021cv24339 |
| December 15, 2021 |
| US District Court for the Southern District of Florida |
| Federico A Moreno |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting #45 Plaintiff's Unopposed Motion for Attorney Fees and Costs. Signed by Judge Federico A. Moreno on 2/13/2023. See attached document for full details. (mmd)
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Filing 50
ORDER granting #46 MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge Federico A. Moreno on 2/13/2023. See attached document for full details. (mmd)
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| Filing 49 Minute Entry for proceedings held before Judge Federico A. Moreno: Telephone Conference held on 2/8/2023. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (sc) |
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Filing 48
ORDER granting #47 Motion to Appear Remotely at Final Approval Hearing. Signed by Judge Federico A. Moreno on 2/2/2023. See attached document for full details. (mmd)
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| Filing 47 Unopposed MOTION to Appear Remotely at Final Approval Hearing by Ashley Johnson. (Attachments: #1 Exhibit A - Proposed Order)(Hill, Brandon) |
| Filing 46 Unopposed MOTION for Settlement for Final Approval of Class Settlement and Supporting Memorandum of Law by Ashley Johnson. Responses due by 2/10/2023 (Attachments: #1 Exhibit A - Proposed Order, #2 Declaration of Brandon J. Hill, #3 Declaration of Luis A. Cabassa, #4 Original Declaration of Mark Unkefer, #5 Supplemental Declaration of Mark Unkefer)(Hill, Brandon) |
| Filing 45 Unopposed MOTION for Attorney Fees and Costs by Ashley Johnson. Responses due by 1/12/2023 (Attachments: #1 Exhibit A - Proposed Order, #2 Affidavit of Brandon J. Hill, #3 Supplement to Hill Affidavit re: WFC Cost Invoice, #4 Affidavit of Luis A. Cabassa, #5 Affidavit of Settlement Administrator)(Hill, Brandon) |
| Filing 44 STATUS REPORT - JOINT by Ashley Johnson (Hill, Brandon) |
| Reset Hearings to correct year to 2023 per DE #42 . Fairness Hearing set for 2/8/2023 09:30 AM in Miami Division before Judge Federico A. Moreno. (asl) |
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Filing 42
ORDER granting #37 Motion for Preliminary Approval of Class Action Settlement. Final Fairness Hearing set for 2/8/2022 09:30 AM in Courtroom 12-2 of the Wilkie D. Ferguson Courthouse before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 10/26/2022. See attached document for full details. (mmd)
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| Filing 43 Minute Entry for proceedings held before Judge Federico A. Moreno: Telephone Conference held on 10/25/2022. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (sc) |
| Filing 41 STATUS REPORT by Ashley Johnson (Hill, Brandon) |
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Filing 40
ORDER granting #39 Joint Motion for Counsel to Appear Remotely and RESETTING HEARING. Telephonic Hearing set for 10/25/2022 at 02:00 PM in Miami Division before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 10/13/2022. See attached document for full details. (mmd)
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| Deadline(s)/Hearing(s) set for 10/18/2022 terminated. (mmd) |
| Filing 39 Joint MOTION for Leave to Appear Remotely at the October 18, 2022 at 2:30 P.M. Hearing . Attorney/Representative: Brandon J. Hill by Ashley Johnson. Responses due by 10/18/2022 (Attachments: #1 Text of Proposed Order)(Hill, Brandon) |
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Filing 38
ORDER Setting Hearing on #37 Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement: Motion Hearing set for 10/18/2022 at 02:30 PM in Miami Division before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 10/3/2022. See attached document for full details. (mmd)
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| Filing 37 Unopposed MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement and Memorandum of Law in Support by Ashley Johnson. Responses due by 10/6/2022 (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Class Action Settlement Agreement, #3 Exhibit C - Proposed Short Form Notice, #4 Exhibit D - Proposed Long Form Notice, #5 Declaration of Brandon J. Hill)(Hill, Brandon) |
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Filing 36
ORDER CLOSING CASE FOR STATISTICAL PURPOSES AND PLACING MATTER IN CIVIL SUSPENSE FILE. Closing Case. Signed by Judge Federico A. Moreno on 7/20/2022. See attached document for full details. (mmd)
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| Filing 35 NOTICE of Settlement and Request to Stay Case Pending Submission by the Parties to the Court of Their Class Action Settlement by Ashley Johnson (Hill, Brandon) |
| Filing 34 FINAL MEDIATION REPORT by Carlos Burruezo. Disposition: Settled in full.(Burruezo, Carlos) |
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Filing 33
ORDER granting #31 Motion to Continue. Bench Trial set for two-week period starting 1/17/2023 before Judge Federico A. Moreno. Calendar Call set for 1/10/2023 02:00 PM before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 5/19/2022. See attached document for full details. (mmd)
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Filing 32
PAPERLESS ORDER granting #29 Unopposed Motion for Clarification. The Court designates this case for a bench trial. Signed by Judge Federico A. Moreno on 5/12/2022. (mmd)
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| Filing 31 Joint MOTION to Continue Trial and Pretrial Deadlines re #21 Order Referring Case to Mediation, #20 Scheduling Order,, by McDonald's Corporation. Responses due by 5/25/2022 (Attachments: #1 Affidavit Ex. A - Affidavit of Kimberly A. Jones, #2 Text of Proposed Order)(McKee, Traci) |
| Filing 30 STIPULATION Regarding Protective Order by McDonald's Corporation (McKee, Traci) |
| Filing 29 Unopposed MOTION for clarification #20 Scheduling Order,, of March 17, 2022 and Request to Designate Case for a Bench Trial by McDonald's Corporation. Responses due by 5/19/2022 (Attachments: #1 Text of Proposed Order)(McKee, Traci) |
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Filing 28
PAPERLESS ORDER Scheduling Mediation before Carlos Burruezo. Mediation Hearing set via zoom for 7/12/2022 at 09:30 AM. Signed by Judge Federico A. Moreno on 4/19/2022. (mmd)
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| Filing 27 NOTICE of Mediator Selection and Hearing. Selected/Added Carlos Burruezo as Mediator. Mediation Hearing set for 7/12/2022 at 9:30 a.m.. (Hill, Brandon) |
| Filing 26 Defendant's REPLY to Response to Motion re #19 Defendant's MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal filed by McDonald's Corporation. (McKee, Traci) |
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Filing 25
PAPERLESS ORDER granting #24 Motion for Extension of Time to File Reply in support of motion to dismiss. Defendant may file a reply by April 1, 2022. Signed by Judge Federico A. Moreno on 3/25/2022. (mmd)
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| Reset Deadlines as to #19 Defendant's MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal . Replies due by 4/1/2022. PER DE# 25 (cds) |
| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #19 Defendant's MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal by McDonald's Corporation. (Attachments: #1 Text of Proposed Order)(McKee, Traci) |
| Filing 23 RESPONSE in Opposition re #19 Defendant's MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal filed by Ashley Johnson. Replies due by 3/29/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hill, Brandon) |
| Filing 22 Notice of Availability of Magistrate Judge Goodman to Exercise Jurisdiction and Appeal Option. Signed by Judge Federico A. Moreno on 3/21/2022. See attached document for full details. (mmd) |
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Filing 21
ORDER REFERRING CASE to Mediation. Signed by Judge Federico A. Moreno on 3/15/2022. See attached document for full details. (mmd)
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Filing 20
SCHEDULING ORDER: Jury Trial set for two-week period starting 10/24/2022 before Judge Federico A. Moreno. Calendar Call set for 10/18/2022 02:00 PM before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 3/15/2022. See attached document for full details. (mmd) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 19 Defendant's MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal ( Responses due by 3/22/2022) by McDonald's Corporation. (Attachments: #1 Exhibit A - Alight Declaration, #2 Text of Proposed Order)(McKee, Traci) |
| Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by Ashley Johnson (Hill, Brandon) |
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Filing 17
PAPERLESS ORDER denying as moot #13 Motion to Dismiss in view of the Plaintiff's Amended Complaint. Defendant shall respond to the Amended Complaint by March 8, 2022. Signed by Judge Federico A. Moreno on 3/1/2022. (mmd)
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| Reset Response/Answer Due Deadline: McDonald's Corporation response/answer due 3/8/2022. PER DE# 17 (cds) |
| Filing 16 Plaintiff's AMENDED COMPLAINT CLASS ACTION COMPLAINT against McDonald's Corporation, filed by Ashley Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hill, Brandon) |
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Filing 15
PAPERLESS ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Emily A. Kile-Maxwell. Signed by Judge Federico A. Moreno on 2/16/2022. (mmd)
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| Filing 14 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily A. Kile-Maxwell. Filing Fee $ 200.00 Receipt # AFLSDC-15397494 by McDonald's Corporation. Responses due by 2/28/2022 (Attachments: #1 Text of Proposed Order)(McKee, Traci) |
| Filing 13 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint ( Responses due by 2/18/2022) by McDonald's Corporation. (Attachments: #1 Exhibit A - COBRA Notice, #2 Exhibit B - Alight Declaration, #3 Text of Proposed Order)(McKee, Traci) |
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Filing 12
PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Richard J. Pearl. Signed by Judge Federico A. Moreno on 1/21/2022. (mmd)
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Filing 11
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kimberly A. Jones. Signed by Judge Federico A. Moreno on 1/21/2022. (mmd)
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| Filing 10 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard J. Pearl. Filing Fee $ 200.00 Receipt # AFLSDC-15324437 by McDonald's Corporation. Responses due by 2/1/2022 (Attachments: #1 Text of Proposed Order)(McKee, Traci) |
| Filing 9 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kimberly A. Jones. Filing Fee $ 200.00 Receipt # AFLSDC-15324317 by McDonald's Corporation. Responses due by 2/1/2022 (Attachments: #1 Text of Proposed Order)(McKee, Traci) |
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Filing 8
PAPERLESS ORDER granting in part #6 Defendant's Unopposed Motion for Extension of Time to File Response to Complaint. The Court denies the Defendant's request for a 60-day extension; however, the Court grants a more reasonable extension for Defendant to respond to the complaint by February 4, 2022. Signed by Judge Federico A. Moreno on 1/12/2022. (mmd)
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| Filing 7 Corporate Disclosure Statement by McDonald's Corporation (McKee, Traci) |
| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by McDonald's Corporation. Attorney Traci McKee added to party McDonald's Corporation(pty:dft). (McKee, Traci) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ashley Johnson. McDonald's Corporation served on 12/23/2021, response/answer due 1/13/2022. (Hill, Brandon) |
| Filing 4 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Ashley Johnson (Hill, Brandon) |
| Filing 3 Summons Issued as to McDonald's Corporation. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) |
| Filing 1 COMPLAINT (CLASS ACTION) against McDonald's Corporation. Filing fees $ 402.00 receipt number AFLSDC-15249408, filed by Ashley Johnson. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Hill, Brandon) |
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