Aiuto et al v. Publix Super Markets, Inc.
Plaintiff: Audenzio Aiuto, Nathaniel Palmer and Chenzeria Wright
Defendant: Publix Super Markets, Inc.
Case Number: 1:2019cv04803
Filed: October 24, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Leigh Martin May
Nature of Suit: Labor: Fair Standards
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2019 Filing 26 REPLY BRIEF re #18 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and Issuance of Notice filed by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright. (Attachments: #1 Text of Proposed Order)(Head, C.)
December 20, 2019 Filing 25 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright. (Head, C.)
December 18, 2019 Filing 24 RESPONSE in Opposition re #18 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and Issuance of Notice filed by Publix Super Markets, Inc.. (Attachments: #1 Exhibit A - Declaration of Erin King, #2 Exhibit B - Declaration of Jasmin Ovcina, #3 Exhibit C - Declaration of Bruce Humphries, #4 Exhibit D - Declaration of Greg Switzer, #5 Exhibit E - Declaration of Andrew McGee, #6 Exhibit F - Declaration of Mike Thelen, #7 Exhibit G - Declaration of Brian DaCamara, #8 Exhibit H - Declaration of Diane Hernandez, #9 Exhibit I - Declaration of Daniel Gueguen, #10 Exhibit J - Declaration of Diedre Harris, #11 Exhibit K - Declaration of Dave Tawney)(Bartlett, Brett)
December 18, 2019 Filing 23 Request for Leave of Absence for the following date(s): January 18-27, 2020, February 19-21, 2020, by C. Andrew Head. (Attachments: #1 Text of Proposed Order)(Head, C.) Modified on 12/19/2019 to edit dates to match PDF(tmf).
December 13, 2019 Filing 22 NOTICE Of Filing Opt-In Consent Form by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright (Attachments: #1 Exhibit A - Consent Form)(Hilbert, Bethany)
December 3, 2019 Opinion or Order Filing 21 ORDER: Before the Court is the Defendant's Consent Motion to Set Briefing Schedule #20 for Plaintiffs' Motion for Conditional Certification #18 . For the reasons given, the Court GRANTS the motion #20 and sets the following schedule for Defendant's response brief and Plaintiffs' reply: Publix's Response Deadline: December 18, 2019 Plaintiffs' Reply Deadline: January 8, 2020. Signed by Judge Leigh Martin May on 12/2/2019. (tmf)
December 2, 2019 Filing 20 Consent MOTION for Extension of Time Set Briefing Schedule re: #18 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and Issuance of Notice by Publix Super Markets, Inc.. (Attachments: #1 Text of Proposed Order)(Bartlett, Brett)
November 21, 2019 Filing 19 NOTICE Of Filing Appendix of Exhibits In Support of by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright re #18 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and Issuance of Notice (Attachments: #1 Appendix of Exhibits in Support of Plaintiffs Motion for Conditional Certification and Court Authorized Notice, #2 Exhibit A - Proposed Notice and Consent Forms, #3 Affidavit of Bethany Hilbert, #4 Affidavit of Audenzio Aiuto, #5 Affidavit of Nathaniel Palmer, #6 Affidavit of Chenzeria Wright, #7 Affidavit of Wendy Bauer, #8 Affidavit of Christine Bruce, #9 Affidavit of Brenda Fields, #10 Affidavit of Mary B. Hall, #11 Affidavit of Valarie Holton, #12 Affidavit of Ria M. Horstman, #13 Affidavit of Mary Hovell, #14 Affidavit of Donald Jefferson, #15 Affidavit of Allen Octavien, #16 Affidavit of Karl B. Roberts, #17 Affidavit of James Rodgers, #18 Affidavit of Glen Storm, #19 Affidavit of Monica Thompson)(Hilbert, Bethany)
November 20, 2019 Filing 18 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and Issuance of Notice with Brief In Support by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright. (Attachments: #1 Exhibit A - Proposed Notice and Consent forms, #2 Affidavit - Hilbert Declaration, #3 Affidavit - Plaintiffs' Declarations)(Head, C.)
November 20, 2019 Filing 17 NOTICE of Appearance by Lennon Haas on behalf of Publix Super Markets, Inc. (Haas, Lennon)
November 20, 2019 Filing 16 Defendant's ANSWER to #1 COMPLAINT and Defenses to Collective Action Complaint by Publix Super Markets, Inc.. Discovery ends on 4/20/2020.(Bartlett, Brett) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
November 18, 2019 Filing 15 NOTICE Of Filing Opt-In Consent Form by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright (Attachments: #1 Exhibit A - Consent Form)(Hilbert, Bethany)
November 15, 2019 Filing 14 NOTICE Of Filing Opt-In Consent Form by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright (Attachments: #1 Exhibit A - Consent Form)(Hilbert, Bethany)
November 15, 2019 Opinion or Order ORAL ORDER granting #11 Application for Admission Pro Hac Vice as to David Alan Hughes. Approved by Judge Leigh Martin May on 11/15/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rvb)
November 15, 2019 APPROVAL by Clerks Office re: #11 APPLICATION for Admission of David Alan Hughes Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9069073). Documents for this entry are not available for viewing outside the courthouse.. Attorney David Alan Hughes added appearing on behalf of Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright (pmb)
November 14, 2019 Filing 13 NOTICE Of Filing Opt-In Consent Form by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright (Attachments: #1 Exhibit A - Consent Form)(Hilbert, Bethany)
November 8, 2019 Filing 12 NOTICE Of Filing Opt-In Consent Form by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright (Attachments: #1 Exhibit A - Consent Form)(Hilbert, Bethany)
November 8, 2019 Filing 11 APPLICATION for Admission of David Alan Hughes Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9069073). Documents for this entry are not available for viewing outside the courthouse.by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright. (Head, C.)
November 6, 2019 APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Bethany Hilbert Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9051634). Documents for this entry are not available for viewing outside the courthouse.. Attorney Bethany A. Hilbert added appearing on behalf of Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright (pmb)
November 6, 2019 Opinion or Order ORAL ORDER granting #8 Application for Admission Pro Hac Vice as to Bethany Hilbert. Approved by Judge Leigh Martin May on 11/06/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rvb)
November 5, 2019 Filing 10 NOTICE Of Filing Opt-In Consent Form by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright (Attachments: #1 Exhibit A - Consent Form)(Hilbert, Bethany)
November 4, 2019 Filing 9 Return of Service Executed by Nathaniel Palmer, Audenzio Aiuto, Chenzeria Wright. Publix Super Markets, Inc. served on 10/30/2019, answer due 11/20/2019. (Head, C.)
November 1, 2019 Filing 8 APPLICATION for Admission of Bethany Hilbert Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9051634). Documents for this entry are not available for viewing outside the courthouse.by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright. (Head, C.)
October 30, 2019 Opinion or Order Filing 7 ORDER: The Court GRANTS the Plaintiffs Motion and instructs the Clerk to allow C. Andrew Head to sponsor Bethany Hilbert and David Hughes for pro hac vice admission pursuant to Local Rule 83.1(B) despite the residency requirement for sponsoring local counsel stated on the Court's website. Signed by Judge Leigh Martin May on 10/30/2019. (tmf)
October 29, 2019 Filing 6 Unopposed MOTION for Order Allowing C. Andrew Head to be Designated Local Counsel for Bethany Hilbert and David Hughes by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright. (Attachments: #1 Text of Proposed Order)(Head, C.)
October 28, 2019 Filing 5 NOTICE Of Filing Opt-In Consent Forms by Audenzio Aiuto, Nathaniel Palmer, Chenzeria Wright (Attachments: #1 Exhibit A - Consent Forms)(Hilbert, Bethany)
October 28, 2019 Filing 4 NOTICE REGARDING FLSA CASES Signed by Judge Leigh Martin May on 10/28/2019. (tmf)
October 28, 2019 Opinion or Order Filing 3 STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 10/28/2019. (tmf)
October 24, 2019 Filing 2 Electronic Summons Issued as to Publix Super Markets, Inc.. (eop)
October 24, 2019 Filing 1 COLLECTIVE ACTION COMPLAINT with Jury Demand filed by Nathaniel Palmer, Audenzio Aiuto and Chenzeria Wright. (Filing fee $400.00, receipt number AGANDC-9032450) (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 10/25/2019: #2 Exhibit -1 -Consent Forms) (eop).

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Plaintiff: Audenzio Aiuto
Represented By: C. Andrew Head
Represented By: Bethany A. Hilbert
Represented By: David Alan Hughes
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Plaintiff: Nathaniel Palmer
Represented By: C. Andrew Head
Represented By: Bethany A. Hilbert
Represented By: David Alan Hughes
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Plaintiff: Chenzeria Wright
Represented By: C. Andrew Head
Represented By: Bethany A. Hilbert
Represented By: David Alan Hughes
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Defendant: Publix Super Markets, Inc.
Represented By: Lennon Haas
Represented By: Brett Christopher Bartlett
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