Edwards et al v. PJ Ops Idaho, LLC et al
Plaintiff: Cory Edwards, James Hollingsworth, John Carrigan, Seth Thomas Sweeney, Matthew Garber and Jeffrey Smith
Defendant: Tom Wylie, PJ Ops Idaho, LLC, Papa John's International, Inc., PJ Holdings KY, LLC, PJ Ops Kansas, LLC, PJ Ops Colorado, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ Operations LLC, PJ West Fargo, LLC, PJ Falcon Colorado, LLC, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Ops Minnesota, LLC, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC and David "Dougie" Allen
Case Number: 1:2017cv00283
Filed: July 5, 2017
Court: US District Court for the District of Idaho
Office: Boise - Southern Office
County: Ada - Southern
Presiding Judge: Ronald E Bush
Referring Judge: David C Nye
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Denial of Overtime Compensation
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2023 Opinion or Order Filing 273 MEMORANDUM DECISION AND ORDER - Plaintiffs Motion for Summary Judgment (Dkt. #237 ) is DENIED. Defendants Motion for Summary Judgment (Dkt. #238 ) is GRANTED. The Court previously vacated the discovery deadlines in this case. Dkt. 218. The Parties should meet and confer and submit new deadlines to the Court for the remainder of this case. Such deadlines are due within 21 days of the date of this order. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
July 31, 2023 Opinion or Order Set Deadlines/Hearings: Case Management deadline set for 8/28/2023. (jd)
July 27, 2023 Opinion or Order Filing 272 MOTION Reimbursement of Fees and Costs re #263 MOTION to Approve Notice by Publication , #264 MOTION to Approve Notice by Publication re #263 MOTION to Approve Notice by Publication Corrected Emily Hubbard appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 8/17/2023 (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Hubbard, Emily)
June 21, 2023 Opinion or Order Filing 271 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney re #269 Notice (Other), 267 Order on Motion for Miscellaneous Relief,,,,, Notice of Completion of Notice by Publication (Hubbard, Emily)
May 30, 2023 Opinion or Order Filing 270 Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 5/30/2023 re #238 MOTION for Summary Judgment filed by PJ Colorado Springs Co Op, LLC, PJ Ops Louisiana, LLC, PJ Holdings KY, LLC, Tom Wylie, PJ Ops Kansas, LLC, PJ Operations LLC, PJ West Fargo, LLC, Individual Doe Defendants 1-10, PJ Ops Colorado, LLC, Corporate Doe Defendants 1-10, PJ Ops New York, LLC, David "Dougie" Allen, PJ Acquisitions, LLC, PJ Ops Idaho, LLC, PJ Ops Minnesota, LLC, PJ Falcon Colorado, LLC, #237 MOTION for Partial Summary Judgment filed by Seth Thomas Sweeney, James Hollingsworth, Matthew Garber, John Carrigan, Jeffrey Smith, Cory Edwards. Court heard oral arguments and took the matter under advisement with a written decision to be forthcoming. (Court Reporter/ESR Anne Bowline.) (pr)
April 18, 2023 Opinion or Order Filing 269 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney re 267 Order on Motion for Miscellaneous Relief,,,,, Notice of Correction to Parameters of Class Action Notice by Publication (Hubbard, Emily)
April 5, 2023 Opinion or Order Filing 268 AMENDED NOTICE of Hearing on Motion #237 MOTION for Partial Summary Judgment , #238 MOTION for Summary Judgment : Motion hearing set for 5/10/2023 at 9:00 AM is VACATED and RESCHEDULED for 5/30/2023 at 01:00 PM by Video Zoom before Judge David C. Nye. Members of the public may use the following to attend via Audio ONLY: 1-669-254-5252, Meeting ID: 160 908 1746, Meeting Password: 309356. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against Photographing, recording, and rebroadcasting of court proceedings.(pr) Modified on 5/25/2023 (pr).
March 17, 2023 Opinion or Order Filing 267 DOCKET ENTRY ORDER. Pending before the Court is Plaintiffs' Corrected Motion to Approve Notice (Dkt. #264 ). Defendants have filed a notice of non-opposition (Dkt. #266 ). In light of this, and good cause appearing, the Court GRANTS the motion and APPROVES the Notices (Dkt. #264 , Exhibits A-C). The Notices can be sent out in that format and under the time frame and parameters outlined in Plaintiffs' Motion (Dkt. #264 at 2). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
March 8, 2023 Opinion or Order Filing 266 RESPONSE to Motion re #264 MOTION to Approve Notice by Publication re #263 MOTION to Approve Notice by Publication Corrected Defendants' Notice of Non-Opposition to Plaintiffs' Motion to Approve Notice by Publication (Dkt. 264) filed by David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc., Tom Wylie. Replies due by 3/22/2023.(McQuade, Melodie)
March 6, 2023 Opinion or Order Filing 265 DOCKET ENTRY NOTICE of Hearing: A hearing on Plaintiffs' #237 MOTION for Partial Summary Judgment; and Defendants' #238 MOTION for Summary Judgment is set for 5/10/2023 at 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. (ab)
March 1, 2023 Opinion or Order Filing 264 MOTION to Approve Notice by Publication re #263 MOTION to Approve Notice by Publication Corrected Emily Hubbard appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 3/22/2023 (Attachments: #1 Exhibit A - NY Notice, #2 Exhibit B - KY Notice, #3 Exhibit C - ND Notice)(Hubbard, Emily)
March 1, 2023 Opinion or Order Filing 263 MOTION to Approve Notice by Publication Emily Hubbard appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 3/22/2023 (Hubbard, Emily)
January 11, 2023 Opinion or Order Filing 262 SUPPLEMENT by Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney re #261 Status Report Exhibit to Status Report. (Hubbard, Emily)
January 10, 2023 Opinion or Order Filing 261 STATUS REPORT Regarding Class Action Notice by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. (Hubbard, Emily)
November 28, 2022 Opinion or Order Filing 260 NOTICE by Cory Edwards of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Form)(Hubbard, Emily)
November 22, 2022 Opinion or Order Filing 259 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney Notice of Consent to Join Action (Attachments: #1 Exhibit A- Consent to Join)(Hubbard, Emily)
November 16, 2022 Opinion or Order Filing 258 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney Notice of Consent to Join Action (Attachments: #1 Exhibit A- Consent to Join)(Hubbard, Emily)
November 14, 2022 Opinion or Order Filing 257 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Hubbard, Emily)
November 10, 2022 Opinion or Order Filing 256 NOTICE by Cory Edwards of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Form)(Hubbard, Emily)
November 9, 2022 Opinion or Order Filing 255 NOTICE by Cory Edwards of Consents to Join Action (Attachments: #1 Exhibit A - Consent to join forms)(Hubbard, Emily)
October 31, 2022 Opinion or Order Filing 254 AFFIDAVIT of Service for Subpoena served on Automatic Data Processing, Inc. on 10/27/2022, filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. (Hubbard, Emily)
October 31, 2022 Opinion or Order Filing 253 AFFIDAVIT of Service for Subpoena served on Papa John's International, Inc. on 10/28/2022, filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. (Hubbard, Emily)
October 26, 2022 Opinion or Order Filing 252 DOCKET ENTRY ORDER approving dkt. #250 Motion for Pro Hac Vice Appearance of attorney Justin M Dean for Corporate Doe Defendants 1-10,Justin M Dean for Individual Doe Defendants 1-10,Justin M Dean for PJ Acquisitions, LLC Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
October 26, 2022 Opinion or Order NOTICE TO COURT that counsel Traer E. Cundiff wishes to no longer be noticed electronically on this case as of the date of this notice. (Cundiff, Traer)
October 25, 2022 Opinion or Order Filing 251 STATUS REPORT by Cory Edwards. (Hubbard, Emily)
October 25, 2022 Opinion or Order Filing 250 MOTION FOR PRO HAC VICE APPEARANCE by Justin M. Dean. ( Filing fee $ 250 receipt number AIDDC-2470118.)Melodie Annalise McQuade appearing for Defendants David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 11/15/2022 (McQuade, Melodie)
October 5, 2022 Opinion or Order Filing 249 RESPONSE re #248 Response(generic),, filed by Cory Edwards . (Attachments: #1 Exhibit Defendants First Supplemental R. 26 Disclosures, #2 Exhibit Declaration of Andrew P. Kimble)(Hubbard, Emily)
September 26, 2022 Opinion or Order Filing 248 RESPONSE re #246 Reply to Response to Motion, filed by David "Dougie" Allen, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie (Defendants' Objections to Exhibits 246-1 & 246-2 of Plaintiff's Reply in Support of Their Motion for Summary Judgment). (Attachments: #1 Exhibit A - Exhibit 13 to Document 113, #2 Exhibit B - Docket sheet Rodriguez, #3 Exhibit C - P's Initial Disclosures)(Hulla, Patrick)
September 23, 2022 Opinion or Order Filing 247 DOCKET ENTRY ORDER. Pursuant to informal communications between the Court and Counsel, Defendants shall turn over the class list (See Dkt. #234 ) as soon as possible. Plaintiffs shall then notify the Court once notice has been issued. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
September 9, 2022 Opinion or Order Filing 246 REPLY to Response to Motion re #237 MOTION for Partial Summary Judgment filed by Cory Edwards.Motion Ripe Deadline set for 9/12/2022. (Attachments: #1 Declaration of Andrew Biller, #2 Exhibit Letter Soliciting Opinion Letter)(Hubbard, Emily)
September 9, 2022 Opinion or Order Filing 245 REPLY to Response to Motion re #238 MOTION for Summary Judgment filed by David "Dougie" Allen, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie.Motion Ripe Deadline set for 9/12/2022.(Hulla, Patrick)
August 26, 2022 Opinion or Order Filing 244 MEMORANDUM in Opposition re #237 MOTION for Partial Summary Judgment filed by David "Dougie" Allen, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 9/9/2022. (Attachments: #1 PJ Ops - Statement of Disputed Facts re Plaintiffs' Motion for Partial Summary Judgment, #2 Exhibit A - Opinion Letter WH-FLSA2004-16 (October 19, 2004), #3 Exhibit B - Opinion Letter WH-FLSA2006-35 (September 21, 2006), #4 Exhibit C - Opinion Letter WH-FLSA2006-42 (October 26, 2006), #5 Exhibit D - Opinion Letter WH-FLSA2021-2 (January 8, 2021), #6 Exhibit E - Opinion Letter WH-FLSA2021-3 (January 15, 2021))(Hulla, Patrick)
August 26, 2022 Opinion or Order Filing 243 MEMORANDUM in Opposition re #238 MOTION for Summary Judgment filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Replies due by 9/9/2022.(Biller, Andrew)
August 22, 2022 Opinion or Order Filing 242 NOTICE by David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie of Withdrawal of Counsel (Cundiff, Traer)
August 19, 2022 Opinion or Order Filing 241 USCA ORDER 22-80056 - The court, in its discretion, denies the petition for permission to appeal the district courts June 7, 2022 order granting class action certification. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005). ((jd)
August 5, 2022 Opinion or Order Filing 240 Statement of Undisputed Material Facts Regarding Motion for Summary Judgment re #238 MOTION for Summary Judgment filed by David "Dougie" Allen, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc., Tom Wylie.(Hulla, Patrick)
August 5, 2022 Opinion or Order Filing 239 MEMORANDUM in Support re #238 MOTION for Summary Judgment filed by David "Dougie" Allen, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc., Tom Wylie. (Attachments: #1 Exhibit A - Letter from U.S. Department of Labor)(Hulla, Patrick)
August 5, 2022 Opinion or Order Filing 238 MOTION for Summary Judgment Patrick F Hulla appearing for Defendants David "Dougie" Allen, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 8/26/2022 (Hulla, Patrick)
August 5, 2022 Opinion or Order Filing 237 MOTION for Partial Summary Judgment Emily Hubbard appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 8/26/2022 (Attachments: #1 Exhibit Sampling of Drivers' Responses to Defendants' Discovery Requests, #2 Exhibit Secretary of Labor v. Ariz Logs, Doc. 203 - Brief of DOL secretary of labor, #3 Exhibit Secretary of Labor v. Ariz Logs, Doc. 214 - Brief of DOL secretary of labor)(Hubbard, Emily)
August 2, 2022 Opinion or Order Filing 236 DOCKET ENTRY ORDER. Pending before the Court is Plaintiffs' Motion to Exceed Page Limits. Dkt. #235 . Good cause appearing, the same is GRANTED. Plaintiffs upcoming Motion for Partial Summary Judgment Regarding Valuing Vehicle Expenses may be up to 32 pages in length. The Court reminds the parties that its page limitations apply to substantive text; tables of contents, tables of authorities, certificates of services etc do not count within the page limitations. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
August 1, 2022 Opinion or Order Filing 235 MOTION for Leave to File Excess Pages for Motion for Partial Summary Judgment Regarding Valuing Vehicle Expenses (Unopposed) Andrew Biller appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 8/22/2022 (Biller, Andrew)
July 26, 2022 Opinion or Order Filing 234 MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED THAT: Defendants' Motion to Stay Proceedings Pending Appeal (Dkt. #230 ) is GRANTED in PART and DENIED in PART. Class notice shall not issue until further notice; however, Defendants should begin compiling the appropriate data. The parties motion/s for summary judgment on reimbursement are due on or before August 5, 2022. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
July 20, 2022 Opinion or Order Filing 233 REPLY to Response to Motion re #230 MOTION Stay Proceedings Pending Appeal re #229 Memorandum/Brief (generic), in Support of Motion to Stay Pending Appeal filed by David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc., Tom Wylie.Motion Ripe Deadline set for 7/21/2022.(McQuade, Melodie)
July 6, 2022 Opinion or Order Filing 232 MEMORANDUM in Opposition re #230 MOTION Stay Proceedings Pending Appeal re #229 Memorandum/Brief (generic), in Support of Motion to Stay Pending Appeal filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Replies due by 7/20/2022. (Attachments: #1 Exhibit Exhibit 1 - Plaintiffs' June 19, 2019 Discovery Issues Letter, #2 Exhibit Exhibit 2- Defendants' July 1, 2019 Email, #3 Exhibit Exhibit 3 - Defendants' July 17, 2019 Email, #4 Exhibit Exhibit 4 - Defendants' July 22, 2019 Email, #5 Exhibit Exhibit 5 - Defendants' August 12, 2019 Letter to Court, #6 Exhibit Exhibit 6 - Plaintiffs' July 13, 2021 Email, #7 Exhibit Exhibit 7 - Plaintiffs' July 13, 2021 Propose Stipulation, #8 Exhibit Exhibit 8 - Defendants' July 28, 2021 Email, #9 Exhibit Exhibit 9 - Defendants' August 13, 2021 Email to Court Clerk, #10 Exhibit Exhibit 10 - April 21, 2022 Class Certification Hearing Transcript)(Potashnick, Mark)
June 29, 2022 Opinion or Order Filing 231 DOCKET ENTRY ORDER. The Court previously ordered that any motions on the legal question of reimbursement would be due 30 days after the Court's decision on class certification. See Dkt. #218 , at 9. The Court issued its Decision on class certification on June 7, 2022 (Dkt. #225 ). Motions on reimbursement, therefore, are due July 7, 2022. That said, Defendants recently filed a Motion to Stay (Dkt. #230 ). To avoid overlapping motion practice, the Court will hold in abeyance the prior deadline for reimbursement motions in order to address the Motion to Stay. Once the Court rules on the Motion to Stay, it will address any remaining deadlines as necessary. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
June 28, 2022 Opinion or Order Filing 230 MOTION Stay Proceedings Pending Appeal re #229 Memorandum/Brief (generic), in Support of Motion to Stay Pending Appeal Patrick F Hulla appearing for Defendants David "Dougie" Allen, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 7/19/2022 (Hulla, Patrick)
June 28, 2022 Opinion or Order Filing 229 MEMORANDUM/BRIEF re #228 Notice (Other) filed by David "Dougie" Allen, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc., Tom Wylie . (Hulla, Patrick)
June 26, 2022 Opinion or Order Filing 227 Notice of Filing of Official Transcript of Motion Hearing Proceedings held on 4/21/2022 before Judge David C. Nye. Court Reporter/Transcriber Anne Bowline, Email anne_bowline@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction. Redaction Request due 7/18/2022. Redacted Transcript Deadline set for 7/27/2022. Release of Transcript Restriction set for 9/26/2022. (amb)
June 21, 2022 Opinion or Order Filing 228 NOTICE of USCA Case Number (22-80056) (Attachments: #1 Petition to Appeal) (km)
June 9, 2022 Opinion or Order Filing 226 NOTICE by David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc., Tom Wylie Defendants Notice of Withdrawal of Counsel (Hulla, Patrick)
June 7, 2022 Opinion or Order Filing 225 MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED THAT: Plaintiffs Motion for Class Certification (Dkt. #192 ) is GRANTED. Plaintiffs Motions to Seal (Dkts. #190 , #220 ) are GRANTED.. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
April 21, 2022 Opinion or Order Filing 224 Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 4/21/2022 re #192 MOTION for Certification. (Court Reporter: Anne Bowline) (kt)
March 31, 2022 Opinion or Order Filing 223 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney re #192 SEALED MOTION of Supplemental Authority (Attachments: #1 Exhibit 1 - Branning Order)(Hubbard, Emily)
March 16, 2022 Opinion or Order Filing 222 MEMORANDUM DECISION AND ORDER. The Court HEREBY ORDERS: Plaintiffs Motion to Compel (Dkt. #170 ) is GRANTED as outlined above. The parties shall meet and confer to set appropriate deadlines for production. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
March 15, 2022 Opinion or Order Filing 221 SEALED REPLY to Response to Motion re #188 MOTION for Leave to File Excess Pages for Motion for Rule 23 Class Certification, #216 MOTION to Clarify Court Orders, #220 MOTION to Seal Document [Plaintiffs Motion to Seal Exhibits 11, 12 and 15 to Their Reply in Support of Their Motion for Certification of Rule 23 Classes Under Idaho, Colorado, Kentucky, New York and North Dakota Law] [Reply In Support of Plaintiffs' Motion for Class Certification] filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney.Motion Ripe Deadline set for 3/16/2022. (Attachments: #1 Exhibit Exhibit 11 - Holcomb, Zachary Wage Rates, #2 Exhibit Exhbiit 12 - Delivery Driver Wage Rates, #3 Exhibit Exhibit 13 - Defendants' Reimbusrement Rates Per Mile, #4 Exhibit Exhibit 14 - Defendants' Email Cancelling Mediation, #5 Exhibit Exhibit 15- Defendants' Tip Credit Notice, #6 Exhibit Exhibit 16 - Defendants' Request for Production Responses)(Potashnick, Mark)
March 12, 2022 Opinion or Order Filing 220 MOTION to Seal Document [Plaintiffs Motion to Seal Exhibits 11, 12 and 15 to Their Reply in Support of Their Motion for Certification of Rule 23 Classes Under Idaho, Colorado, Kentucky, New York and North Dakota Law] Mark Potashnick appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 4/4/2022 (Potashnick, Mark)
March 7, 2022 Opinion or Order Filing 219 DOCKET ENTRY NOTICE of Hearing on Motion #192 SEALED MOTION : Motion Hearing set for 4/21/2022 at 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. (pr)
March 4, 2022 Opinion or Order Filing 218 MEMORANDUM DECISION AND ORDER. Plaintiffs Motion to Vacate Scheduling Order (Dkt. #210 ) is GRANTED. The outstanding deadlines in this case (Dkt. #168 ) are VACATED. The Court will set a hearing on class certification for April 21, 2022. A separate notice of hearing shall issue. The Court will not set a scheduling conference at this time. Signed by Judge David C. Nye. (alw)
March 4, 2022 Opinion or Order Filing 217 ORDER granting #216 Motion to Clarify. The Court previsouly determined Plaintiffs' reply deadline would be March 15, 2022 (Dkt. 207 ). However, CM/ECF auto-generated the Court's traditional deadline when Defendants' filed their response (Dkt. #209 ). The Court's ruling governs. Plaintiffs' reply is due on or before March 15, 2022. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
March 3, 2022 Opinion or Order Filing 216 MOTION to Clarify Court Orders Mark Potashnick appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 3/24/2022 (Potashnick, Mark)
March 1, 2022 Opinion or Order Filing 215 REPLY to Response to Motion re #210 MOTION to Vacate Scheduling Order filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney.Motion Ripe Deadline set for 3/2/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Biller, Andrew)
February 28, 2022 Opinion or Order Filing 214 RESPONSE to Motion re #210 MOTION to Vacate Scheduling Order filed by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc.. Replies due by 3/14/2022.(Hulla, Patrick)
February 25, 2022 Opinion or Order Filing 213 DOCKET ENTRY ORDER approving #211 Motion for Pro Hac Vice Appearance of attorney Emily Hubbard for Cory Edwards Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
February 25, 2022 Opinion or Order Set/Reset Deadlines as to Responses due by 2/28/2022 re: 201. (jd)
February 24, 2022 Opinion or Order Filing 212 DOCKET ENTRY ORDER. Pending before the Court is Plaintiffs' Motion to Vacate Scheduling Order. Dkt. #201 . Because the briefing on the request will overtake the underlying dates at issue, the Court requests a response from Defendants on or before February 28, 2022. In the future, any party filing a procedural motion such as this shall meet and confer with the other side and indicate in their moving papers whether the request is unopposed or not. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
February 23, 2022 Opinion or Order Filing 211 MOTION FOR PRO HAC VICE APPEARANCE by Emily Hubbard. ( Filing fee $ 250 receipt number AIDDC-2350927.)Jeffrey J Hepworth appearing for Plaintiff Cory Edwards. Responses due by 3/16/2022 (Hepworth, Jeffrey)
February 23, 2022 Opinion or Order Filing 210 MOTION to Vacate Scheduling Order Andrew Biller appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 3/16/2022 (Biller, Andrew)
February 18, 2022 Opinion or Order Filing 209 RESPONSE to Motion re #192 SEALED MOTION filed by David "Dougie" Allen, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc., Tom Wylie. Replies due by 3/4/2022. (Attachments: #1 Exhibit Depo Excerpts - Dougie Allen, #2 Exhibit Declaration of Dougie Allen (with Ex. A-D), #3 Exhibit Dual Wage Letter (PJOPS-Edwards-059-060), #4 Exhibit Depo Excerpts - Cory Edwards, #5 Exhibit Depo Excerpts - John Carrigan, #6 Exhibit Depo Excerpts - James Hollingsworth, #7 Exhibit Tip Credit Notice for Idaho (PJOPS-Edwards-061), #8 Exhibit Depo Excerpts - Seth Sweeney, #9 Exhibit Depo Excerpts - Jeff Smith)(Hulla, Patrick)
February 11, 2022 Opinion or Order Filing 208 NOTICE by Cory Edwards to Withdrawal Philip Krzeski as Counsel for Plaintiff (Krzeski, Philip)
February 5, 2022 Opinion or Order Filing 207 DOCKET ENTRY ORDER. Pending before the Court is Defendants' Motion for Extension of Time to File Response/Reply. Dkt. #204 . Plaintiffs oppose the motion. Good cause appearing, the Motion is Granted. Defendants' Response is due on February 22, 2022. Plaintiffs' Reply brief is due on March 15, 2022. No further extensions will be granted. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
February 4, 2022 Opinion or Order Filing 206 RESPONSE to Motion re #204 MOTION for Extension of Time to File Response/Reply TO PLAINTIFFS MOTION FOR CERTIFICATION OF RULE 23 CLASSES UNDER IDAHO, COLORADO, KENTUCKY, NEW YORK, AND NORTH DAKOTA LAW in Opposition filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Replies due by 2/18/2022.(Biller, Andrew)
February 3, 2022 Opinion or Order Filing 205 DOCKET ENTRY ORDER. Pending before the Court is Defendants' fourth Motion for Extension of Time to File Response. Dkt. #204 . Defendants represent that Plaintiffs oppose the Motion. Because the relevant deadline is fast approaching, the Court will expedite briefing on this matter. The Court requests that Plaintiffs file a short brief, not to exceed 3 pages (excluding procedural pages), explaining their opposition to Defendants' request by 3:00pm (mountain time) on February 4, 2022. The Court will then rule on Defendants' motion. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
February 3, 2022 Opinion or Order Filing 204 MOTION for Extension of Time to File Response/Reply TO PLAINTIFFS MOTION FOR CERTIFICATION OF RULE 23 CLASSES UNDER IDAHO, COLORADO, KENTUCKY, NEW YORK, AND NORTH DAKOTA LAW Darin P. Shreves appearing for Defendants David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 2/24/2022 (Shreves, Darin)
January 24, 2022 Opinion or Order Filing 203 ORDER GRANTING THIRD JOINT STIPULATION REGARDING A BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR CERTIFICATION OF RULE 23 CLASSES UNDER IDAHO, COLORADO, KENTUCKY, NEW YORK, AND NORTH DAKOTA LAW. IT IS HEREBY ORDERED that the Joint Stipulation (Dkt. #202 ) is APPROVED by the Court. Defendants' Response is due on February 7, 2022. Plaintiffs' Reply brief is due on February 28, 2022. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
January 24, 2022 Opinion or Order Set/Reset Deadlines as to #192 SEALED MOTION. Per docket 203 - Responses due by 2/7/2022. Replies due by 2/28/2022. (kt)
January 19, 2022 Opinion or Order Filing 202 STIPULATION Regarding a Briefing Schedule for Plaintiffs' Motion for Certification of Rule 23 Classes by David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. (Shreves, Darin)
January 5, 2022 Opinion or Order Filing 201 ORDER GRANTING SECOND JOINT STIPULATION REGARDING A BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR CERTIFICATION OF RULE 23 CLASSES UNDER IDAHO, COLORADO, KENTUCKY, NEW YORK, AND NORTH DAKOTA LAW. Defendants' Response is due on January 24, 2022. Plaintiffs Reply brief is due on February 14, 2022. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
January 5, 2022 Opinion or Order Set/Reset Deadlines as to #192 SEALED MOTION. Per docket 201 - Responses due by 1/24/2022. Replies due by 2/14/2022. (kt)
January 3, 2022 Opinion or Order Filing 200 STIPULATION regarding a briefing schedule for plaintiffs' motion for certification of rule 23 by David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. (Shreves, Darin)
December 28, 2021 Opinion or Order Filing 199 DOCKET ENTRY ORDER. Pursuant to the Parties' Stipulation (Dkt. #196 ) and good cause appearing, the same is hereby APPROVED. Defendants' Response to Plaintiffs' Motion for Rule 23 Certification is due on or before January 10, 2022, and Plaintiffs' reply is due on or before January 31, 2022. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
December 28, 2021 Opinion or Order Set/Reset Deadlines as to #192 SEALED MOTION. Per DEO 199, Responses due by 1/10/2022. Replies due by 1/31/2022. (kt)
December 27, 2021 Opinion or Order Filing 198 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney Notice of Consent to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Krzeski, Philip)
December 27, 2021 Opinion or Order Filing 197 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney Notice of Consent to Join Action (Attachments: #1 Exhibit A- Consent to Join)(Krzeski, Philip)
December 23, 2021 Opinion or Order Filing 196 STIPULATION JOINT STIPULATION REGARDING A BRIEFING SCHEDULE FOR PLAINTIFFS MOTION FOR CERTIFICATION OF RULE 23 CLASSES UNDER IDAHO, COLORADO, KENTUCKY, NEW YORK, AND NORTH DAKOTA LAW (DOC. 192) by David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. (Shreves, Darin)
December 7, 2021 Opinion or Order Filing 195 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Video Settlement Conference held on 12/7/2021. Counsel/parties appeared via Zoom and negotiated under the Court's direction and supervision. Case Not Settled. Time in Court 9:00 AM-4:00 PM. (Hearing not recorded.) (at)
December 3, 2021 Opinion or Order Filing 194 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Telephonic Status Conference held on 12/3/2021. Court and Defendant's counsel discussed upcoming settlement conference and logistics. Time in Court 2:30-3:30 PM. (Hearing not recorded.) (at)
December 3, 2021 Opinion or Order Filing 193 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Telephonic Status Conference held on 12/3/2021. Court and Plaintiff's counsel discussed upcoming settlement conference and logistics. Time in Court 1:30-2:15 PM. (Hearing not recorded.) (at)
December 3, 2021 Opinion or Order Filing 192 Sealed Document Re: #190 MOTION to Seal Document Exhibits 4 and 5 in forthcoming Motion for Rule 23 Class Certification. (Attachments: #1 Exhibit - 1 - Oregal v PacPizza Decision, #2 Exhibit - 2 - BeHaein v Pizza Hut Decision, #3 Exhibit - 3 - Rule 30(b)(6) Deposition Transcript - David "Dougie" Allen, #4 Exhibit - 4 - PJ Ops 020483, #5 Exhibit - 5 - PJ Ops 020562, #6 Exhibit - 6 - Defendants' Answers to Plaintiffs' Requests for Admission, #7 Exhibit - 7 - Defendants' Answers to Plaintiffs' Interrogatories, #8 Exhibit - 8 - Declaration Philip J. Krzeski in support of Rule 23 Class Certification, #9 Exhibit - 9 - Declarations from PJ Ops New York, LLC drivers, #10 Exhibit - 10 - [Proposed] Notice of Class Certification)(Krzeski, Philip) Modified event on 12/3/2021 to indicate filing is a motion (kt).
December 3, 2021 Opinion or Order Filing 191 ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION FOR TENPAGE EXTENSION FOR MOTION FOR RULE 23 CLASS CERTIFICATION. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
December 3, 2021 Opinion or Order Filing 190 MOTION to Seal Document Exhibits 4 and 5 in forthcoming Motion for Rule 23 Class Certification Philip Krzeski appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 12/27/2021 (Krzeski, Philip)
December 1, 2021 Opinion or Order Filing 189 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Andrew Biller, Andrew Kimble, Philip Krzeski, and Mark Potashnick for the Plaintiffs; Patrick Hulla, Darin Shreves, and Robert White for the Defendants. Telephonic Status Conference held on 12/1/2021. Court and counsel discussed upcoming settlement conference and logistics. (Video Settlement Conference set for 12/7/2021 RESCHEDULED to begin at 09:00 AM MT Video - Boise to Other location before Judge Candy W. Dale. Counsel to receive Zoom link via separate notification. Local counsel will be required to attend introductory joint session.) The Court will meet by phone with each side individually to discuss matters prior to the settlement conference. Telephonic Status Conference set for 12/3/2021 01:30 PM MT for Plaintiff's counsel and 02:30 PM MT for Defendant's counsel. Counsel shall initiate the conference call and connect to Judge Dale's Chambers at 208-334-9111.) Time in Court 4:40-5:05 PM. (Hearing not recorded.) (at) Modified on 12/6/2021 to reflect correct hearing date (at).
December 1, 2021 Opinion or Order Filing 188 MOTION for Leave to File Excess Pages for Motion for Rule 23 Class Certification Philip Krzeski appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 12/22/2021 (Attachments: #1 Proposed Order)(Krzeski, Philip)
November 16, 2021 Opinion or Order Filing 187 AMENDED DOCKET ENTRY NOTICE of Hearing: Telephonic Status Conference currently set for 12/1/2021 04:00 PM is hereby RESCHEDULED to begin at 04:30 PM Telephonic Hearing - Boise Chambers before Judge Candy W. Dale. All parties shall use the Court's AT&T teleconferencing line to connect to this hearing, by dialing: 1-888-273-3658, Access Code: 5475731, Security Code: 5637. (same date as previously set, new time only) (at)
November 15, 2021 Opinion or Order Filing 186 ANSWER to #184 Amended Complaint by David "Dougie" Allen, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie.(Shreves, Darin)
November 3, 2021 Opinion or Order Filing 185 AMENDED DOCKET ENTRY NOTICE of Hearing: Due to a scheduling conflict, the Zoom Settlement Conference currently set for 11/10/2021 09:30 AM is hereby VACATED and RE-SET for 12/7/2021 09:30 AM Video - Boise to Other location (Mountain Time) before Judge Candy W. Dale. Counsel to receive Zoom link via separate notification. In addition, the Telephonic Status Conference currently set for 11/8/2021 11:30 AM is hereby VACATED and RE-SET for 12/1/2021 04:00 PM Telephonic Hearing - Boise Chambers before Judge Candy W. Dale. All parties shall use the Court's AT&T teleconferencing line to connect to this hearing, by dialing: 1-888-273-3658, Access Code: 5475731, Security Code: 5637. (at)
October 4, 2021 Opinion or Order Filing 184 AMENDED COMPLAINT Fourth Amended Class and Collective Action Complaint against All Defendants, filed by All Plaintiffs.(Kimble, Andrew)
October 1, 2021 Opinion or Order Filing 183 DOCKET ENTRY ORDER. Pending before the Court is Plaintiffs' Motion to Correct Scrivener's Error (Dkt. #179 ). Defendants have indicated they do not oppose the Motion (Dkt. #182 ). Accordingly, the Motion is GRANTED. Plaintiffs shall file their corrected Fourth Amended Complaint (Dkt. [179-1]) on or before October 4, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
September 30, 2021 Opinion or Order Filing 182 NOTICE by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie re #179 MOTION to Amend/Correct Motion for Leave to Correct Scrivener's Error in Fourth Amended Complaint of Non-Opposition to Plaintiffs' Motion for Leave (Shreves, Darin)
September 28, 2021 Opinion or Order Filing 181 REPLY to Response to Motion re #170 MOTION to Compel Production of Email Mailboxes of Individual Defendant Tom Wylie and Forthcoming Individual Defendant Doug Allen and Search Terms filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney.Motion Ripe Deadline set for 9/29/2021. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Excerpt from Rule 30(b)(6) Deposition of Wylie)(Krzeski, Philip)
September 28, 2021 Opinion or Order Filing 180 DOCKET ENTRY ORDER. Pending before the Court is Plaintiffs' Motion to Correct Scrivener's Error (Dkt. #179 ). If Defendants intend to oppose the Motion, they shall indicate as much on or before September 30, 2021. *Note, Defendants actual response (if any) is not due September 30; simply an update on whether they intend to oppose the motion or if they have no-opposition to the request. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
September 27, 2021 Opinion or Order Filing 179 MOTION to Amend/Correct Motion for Leave to Correct Scrivener's Error in Fourth Amended Complaint Philip Krzeski appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 10/18/2021 (Attachments: #1 Exhibit 1 - Fourth Amended Complaint (corrected))(Krzeski, Philip)
September 20, 2021 Opinion or Order Filing 178 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney Notice of Withdrawal of Consent to Join Forms (Krzeski, Philip)
September 20, 2021 Opinion or Order Filing 177 AMENDED COMPLAINT Fourth Amended Class and Collective Action Complaint against All Defendants, filed by All Plaintiffs.(Kimble, Andrew)
September 20, 2021 Opinion or Order Filing 176 DOCKET ENTRY ORDER. Pending before the Court is Plaintiffs' Motion for Leave to File Fourth Amended Complaint (Dkt. #171 ). Defendants have indicated they do not oppose the Motion (Dkt. #175 ). Accordingly, Plaintiffs' Motion (Dkt. #171 ) is GRANTED. Plaintiffs shall file a clean copy of their Fourth Amended Complaint on or before September 21, 2021. Thereafter, Defendants shall have 21 days to answer or file a responsive pleading to the Fourth Amended Complaint. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
September 17, 2021 Opinion or Order Filing 175 NOTICE by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie re #171 MOTION for Leave to File Fourth Amended Complaint Notice of Non- Opposition to Plaintiffs' Motion for Leave to File Fourth Amended Complaint (Hulla, Patrick)
September 15, 2021 Opinion or Order Filing 174 ORDER. Settlement Conference set for 11/10/2021 09:30 AM via Zoom before Judge Candy W. Dale. Telephonic Status Conference set for 11/8/2021 11:30 AM before Judge Candy W. Dale. Each party must prepare a response to the questionnaire and submit it to Judge Dales chambers for in camera review no later than November 1, 2021. Signed by Judge David C. Nye. (Attachments: #1 Settlement Conference Questionnaire)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
September 15, 2021 Opinion or Order Filing 173 DOCKET ENTRY ORDER, IT IS HEREBY ORDERED THAT this matter is referred to U.S. Magistrate Judge Candy W. Dale for the purpose of conducting a settlement conference. Signed by Judge David C. Nye. Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ed)
September 14, 2021 Opinion or Order Filing 172 MEMORANDUM in Opposition re #170 MOTION to Compel Production of Email Mailboxes of Individual Defendant Tom Wylie and Forthcoming Individual Defendant Doug Allen and Search Terms filed by Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc., Tom Wylie. Replies due by 9/28/2021. (Attachments: #1 Declaration, #2 Exhibit)(Hulla, Patrick)
August 27, 2021 Opinion or Order Filing 171 MOTION for Leave to File Fourth Amended Complaint Philip Krzeski appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 9/17/2021 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Redlined Complaint, #3 Exhibit 2 - Clean Complaint)(Krzeski, Philip)
August 24, 2021 Opinion or Order Filing 170 MOTION to Compel Production of Email Mailboxes of Individual Defendant Tom Wylie and Forthcoming Individual Defendant Doug Allen and Search Terms Philip Krzeski appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 9/14/2021 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Wylie and Allen Mailbox RFPs, #3 Exhibit 2 - Disputed Search Term Comparison)(Krzeski, Philip)
July 21, 2021 Opinion or Order Filing 169 DISCOVERY PLAN. (kt)
July 14, 2021 Opinion or Order Filing 168 SCHEDULING ORDER. Amended Pleadings and Joinder of Parties due by 8/27/2021. Discovery due by 6/8/2022. Dispositive Motions due by 7/8/2022. ADR shall take place by 6/10/2022. Signed by Judge David C. Nye. (alw)
June 30, 2021 Opinion or Order Filing 167 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. (Krzeski, Philip)
June 30, 2021 Opinion or Order Filing 166 DISCOVERY PLAN by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney . (Attachments: #1 Exhibit - 1 - Letter from Phil Krzeski to Traer Cundiff re ESI - 5-13-21, #2 Exhibit - 2 - Letter from Traer Cundiff to Phil Krzeski re ESI 5-20-21, #3 Exhibit - 3 - Email from Phil Krzeski re ESI - 5-21-21)(Krzeski, Philip)
June 10, 2021 Opinion or Order Filing 165 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney of Withdrawal as Counsel (Blankenship, Erica)
June 4, 2021 Opinion or Order Filing 164 LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 7/7/2021 09:30 AM in Telephonic Hearing - Boise Chambers before Judge David C. Nye. On or before June 30, 2021, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
March 1, 2021 Opinion or Order Filing 163 DOCKET ENTRY ORDER approving #162 Motion for Pro Hac Vice Appearance of attorney Darin P. Shreves for PJ Acquisitions, LLC,Darin P. Shreves for PJ Colorado Springs Co Op, LLC,Darin P. Shreves for PJ Falcon Colorado, LLC,Darin P. Shreves for PJ Holdings KY, LLC,Darin P. Shreves for PJ Operations LLC,Darin P. Shreves for PJ Ops Colorado, LLC,Darin P. Shreves for PJ Ops Idaho, LLC,Darin P. Shreves for PJ Ops Kansas, LLC,Darin P. Shreves for PJ Ops Louisiana, LLC,Darin P. Shreves for PJ Ops Minnesota, LLC,Darin P. Shreves for PJ Ops New York, LLC,Darin P. Shreves for PJ West Fargo, LLC Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
February 26, 2021 Opinion or Order Filing 162 MOTION FOR PRO HAC VICE APPEARANCE by Darin Shreves. ( Filing fee $ 250 receipt number 0976-2174856.)Melodie Annalise McQuade appearing for Defendants PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 3/19/2021 (McQuade, Melodie)
February 25, 2021 Opinion or Order Filing 161 DOCKET ENTRY ORDER approving #160 Motion for Pro Hac Vice Appearance of attorney Traer E. Cundiff for PJ Acquisitions, LLC,Traer E. Cundiff for PJ Colorado Springs Co Op, LLC,Traer E. Cundiff for PJ Falcon Colorado, LLC,Traer E. Cundiff for PJ Holdings KY, LLC,Traer E. Cundiff for PJ Operations LLC,Traer E. Cundiff for PJ Ops Colorado, LLC,Traer E. Cundiff for PJ Ops Idaho, LLC,Traer E. Cundiff for PJ Ops Kansas, LLC,Traer E. Cundiff for PJ Ops Louisiana, LLC,Traer E. Cundiff for PJ Ops Minnesota, LLC,Traer E. Cundiff for PJ Ops New York, LLC,Traer E. Cundiff for PJ West Fargo, LLC Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
February 24, 2021 Opinion or Order Filing 160 MOTION FOR PRO HAC VICE APPEARANCE by Traer Cundiff. ( Filing fee $ 250 receipt number 0976-2173087.)Melodie Annalise McQuade appearing for Defendants PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 3/17/2021 (McQuade, Melodie)
January 19, 2021 Opinion or Order Filing 159 DOCKET ENTRY ORDER approving #158 Motion for Pro Hac Vice Appearance of attorney Erica Blankenship for John Carrigan,Erica Blankenship for Cory Edwards,Erica Blankenship for Matthew Garber,Erica Blankenship for James Hollingsworth,Erica Blankenship for Jeffrey Smith,Erica Blankenship for Seth Thomas Sweeney Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
January 19, 2021 Opinion or Order Filing 158 MOTION FOR PRO HAC VICE APPEARANCE by Erica Blankenship. ( Filing fee $ 250 receipt number 0976-2155146.)J. Grady Hepworth appearing for Plaintiff Cory Edwards. Responses due by 2/9/2021 (Hepworth, J.)
January 13, 2021 Opinion or Order Filing 157 DOCKET ENTRY ORDER approving #156 Motion for Pro Hac Vice Appearance of attorney Nathan Spencer for John Carrigan,Nathan Spencer for Cory Edwards,Nathan Spencer for Matthew Garber,Nathan Spencer for James Hollingsworth,Nathan Spencer for Jeffrey Smith,Nathan Spencer for Seth Thomas Sweeney Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
January 12, 2021 Opinion or Order Filing 156 MOTION FOR PRO HAC VICE APPEARANCE by Nathan Spencer. ( Filing fee $ 250 receipt number 0976-2152615.)J. Grady Hepworth appearing for Plaintiff Cory Edwards. Responses due by 2/2/2021 (Attachments: #1 Exhibit Exhibit A - Courts for Section 2)(Hepworth, J.)
January 7, 2021 Opinion or Order Filing 155 MOTION FOR PRO HAC VICE APPEARANCE by Erica Blankenship. ( Filing fee $ 250 receipt number 0976-2150651.)J. Grady Hepworth appearing for Plaintiff Cory Edwards. Responses due by 1/28/2021 (Hepworth, J.)
January 6, 2021 Opinion or Order Filing 154 ORDER - Plaintiffs Motion to Reconsider and/or to Clarify (Dkt. #153 ) is GRANTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
December 31, 2020 Opinion or Order Filing 153 MOTION for Reconsideration re #152 Order on Motion to Compel,,, Order on Motion for Protective Order,,, Order on Motion to Supplement,,, Order on Motion for Leave to File,, Motion to Reconsider/Clarify One Aspect of the Court's Order Andrew Kimble appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 1/21/2021 (Kimble, Andrew)
December 21, 2020 Opinion or Order Filing 152 MEMORANDUM DECISION AND ORDER - Defendants Motion to Compel (Dkt. #126 ) is GRANTED in PART and DENIED in PART as outlined above. Plaintiffs Motion for Protective Order (Dkt. #127 ) is GRANTED in PART and DENIED in PART as outlined above. The Parties remaining Motions/Notices that have not already been addressed (Dkts. #141 , #144 ) are GRANTED. The stay previously imposed in this case (see Dkt. #119 ) is LIFTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
December 14, 2020 Opinion or Order Filing 151 DOCKET ENTRY ORDER. Pending before the Court is Defendants' Motion for a Rule 16 Status Conference (Dkt. #149 ). Because it appears the request has been made to address discovery issues, the Motion is DENIED. The Court has an informal discovery dispute process that all parties must follow. Plaintiffs have indicated their intent to file a letter with the Court. That time has not yet arrived. The first step is for either party to reach out to the law clerk assigned to this case (Bennett Briggs) and indicate a discovery dispute exist. Bennett will then outline the procedure to be followed. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
December 11, 2020 Opinion or Order Filing 150 RESPONSE to Motion re #149 MOTION for Hearing Defendants' Request for Rule 16 Status Conference filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Replies due by 12/28/2020.(Krzeski, Philip)
December 11, 2020 Opinion or Order Filing 149 MOTION for Hearing Defendants' Request for Rule 16 Status Conference Melodie Annalise McQuade appearing for Defendants PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 1/4/2021 (McQuade, Melodie)
December 4, 2020 Opinion or Order Filing 148 SUPPLEMENT by Defendants PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc. re #147 Response to Motion, Exhibits A & B to Response. (Attachments: #1 Errata)(Hulla, Patrick)
December 3, 2020 Opinion or Order Filing 147 RESPONSE to Motion re #126 MOTION to Compel , #127 MOTION for Protective Order and #146 filed by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc.. Replies due by 12/17/2020.(Hulla, Patrick)
December 1, 2020 Opinion or Order Filing 146 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney re #126 MOTION to Compel , #127 MOTION for Protective Order Notice of Supplemental Authority Related to Plaintiff's Motion for a Protective Order (Doc. 127) and Defendants' Motion to Compel (Doc. 126) (Attachments: #1 Exhibit 1- Arbitrator's Order)(Krzeski, Philip)
October 6, 2020 Opinion or Order Filing 145 RESPONSE to Motion re #144 MOTION for Leave to File Supplemental Briefing Regarding Defendants' Motion to Compel (Doc. 126) and Plaintiffs' Motion for a Protective Order (Doc. 127) filed by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 10/20/2020.(White, Robert)
October 1, 2020 Opinion or Order Filing 144 MOTION for Leave to File Supplemental Briefing Regarding Defendants' Motion to Compel (Doc. 126) and Plaintiffs' Motion for a Protective Order (Doc. 127) Philip Krzeski appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 10/22/2020 (Krzeski, Philip)
October 1, 2020 Opinion or Order Filing 143 NOTICE by Cory Edwards re #126 MOTION to Compel , #127 MOTION for Protective Order of Supplemental Authority to Defendants' Motion to Compel (Doc. 126) and Plaintiffs' Motion for a Protective Order (Doc. 127) (Attachments: #1 Exhibit - 1 - Hatmaker v PJ Ohio, LLC - Order)(Krzeski, Philip)
September 25, 2020 Opinion or Order Filing 142 REPLY to Response to Motion re #126 MOTION to Compel , #127 MOTION for Protective Order , #137 MOTION for Leave to File Supplemental Briefing on Defendants' Motion to Compel and Plaintiffs' Motion for Protective Order, #141 MOTION to Supplement Defendants' Notice of Supplemental Authority (Doc. 135) re: 140 Order,,,, and #136 filed by Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc..Motion Ripe Deadline set for 9/28/2020.(Hulla, Patrick)
September 25, 2020 Opinion or Order Filing 141 MOTION to Supplement Defendants' Notice of Supplemental Authority (Doc. 135) re: 140 Order,,,, Philip Krzeski appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 10/16/2020 (Attachments: #1 Exhibit - 1 - In Matter of Arbitration, #2 Exhibit - 2 - Scalia v Arizona Logistics - Department of Labor Motion for Summary Judgment, #3 Exhibit - 3 -Scalia v Arizona Logistics - Department of Labor Opposition to Summary Judgment)(Krzeski, Philip)
September 15, 2020 Opinion or Order Filing 140 DOCKET ENTRY ORDER. Pending before the Court is Plaintiffs' Motion for Leave to File Supplemental Briefing (Dkt. #137 ) in response to Defendants' Notice (Dkt. #136 ). This matter has already generated nearly 100 pages of briefing for the Court's consideration. The Court is well equipped to determine what, if any, bearing Defendant's Notice (Dkt. #136 ) has on the pending motions and will not allow another round of full-fledged briefing. That said, the Court is interested in the parties' perspectives on this Notice and will entertain short supplemental briefs regarding the same. Accordingly, Plaintiffs' Motion (Dkt. #137 ) is GRANTED. Each party may file a supplemental brief, not to exceed 10 pages, on or before September 25, 2020, addressing the relevance and/or impact, if any, of Defendants' Notice (Dkt. #136 ) on the motions currently pending before the Court. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
September 14, 2020 Opinion or Order Filing 139 REPLY to Response to Motion re #137 MOTION for Leave to File Supplemental Briefing on Defendants' Motion to Compel and Plaintiffs' Motion for Protective Order filed by Cory Edwards.Motion Ripe Deadline set for 9/15/2020.(Krzeski, Philip)
September 10, 2020 Opinion or Order Filing 138 MEMORANDUM in Opposition re #137 MOTION for Leave to File Supplemental Briefing on Defendants' Motion to Compel and Plaintiffs' Motion for Protective Order filed by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 9/24/2020.(McQuade, Melodie)
September 4, 2020 Opinion or Order Filing 137 MOTION for Leave to File Supplemental Briefing on Defendants' Motion to Compel and Plaintiffs' Motion for Protective Order Philip Krzeski appearing for Plaintiff Cory Edwards. Responses due by 9/25/2020 (Krzeski, Philip)
September 1, 2020 Opinion or Order Filing 136 NOTICE by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie Notice of Supplemental Authority Related to Defendants' Motion to Compel (Dkt 126) and Plaintiffs' Motion for Protective Order (Dkt 127) (McQuade, Melodie)
March 10, 2020 Opinion or Order Filing 135 RESPONSE filed by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie Objection to Plaintiffs' Notice of Supplemental Authority. (McQuade, Melodie)
March 6, 2020 Opinion or Order Filing 134 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney of Supplemental Authority re: Defendants' Motion to Compel (Doc. 126) and Plaintiffs' Motion for a Protective Order (Doc. 127) (Attachments: #1 Exhibit - 1 - Hatmaker v PJ Ohio, LLC - Order)(Krzeski, Philip)
February 24, 2020 Opinion or Order Filing 133 STIPULATED PROTECTIVE ORDER re: #132 Motion for Protective Order. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
February 21, 2020 Opinion or Order Filing 132 Consent MOTION for Protective Order Mark Potashnick appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 3/13/2020 (Potashnick, Mark)
February 7, 2020 Opinion or Order Filing 131 REPLY to Response to Motion re #127 MOTION for Protective Order filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney.Motion Ripe Deadline set for 2/10/2020. (Attachments: #1 Exhibit 1 - Reimbursement Claim Analysis Chart, #2 Exhibit 2 - Order in Salmon v. Glass Family Pizza)(Kimble, Andrew)
January 31, 2020 Opinion or Order Filing 130 RESPONSE to Motion re #127 MOTION for Protective Order filed by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 2/14/2020.(White, Robert)
January 23, 2020 Opinion or Order Filing 129 REPLY to Response to Motion re #126 MOTION to Compel filed by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Papa John's International, Inc., Tom Wylie.Motion Ripe Deadline set for 1/24/2020.(White, Robert)
January 13, 2020 Opinion or Order CORRECTIVE ENTRY - The entries docket numbers #127 MOTION for Protective Order and #128 Memorandum in Opposition to Motion,were filed incorrectly. Please answer no when asked if you want to spread the docket entry. Cases 17-cv-283 and 18-cv-37 are consolidated and all filing shall be done in the lead case 1:17-cv-283-DCN per Order dkt 52. (jp)
January 10, 2020 Opinion or Order Filing 128 MEMORANDUM in Opposition re (126 in 1:17-cv-00283-DCN) MOTION to Compel filed by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney, James Hollingsworth. Replies due by 1/24/2020. (Attachments: #1 Exhibit 1 - Communications between Counsel regarding discovery dispute)Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Kimble, Andrew)
January 10, 2020 Opinion or Order Filing 127 MOTION for Protective Order Andrew Kimble appearing for Plaintiffs John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney, John Carrigan, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney. Responses due by 1/31/2020 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Defendants' Responses to Interrogatories, #3 Exhibit 2 - Defendants' Responses to Requests for Production)Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Kimble, Andrew)
December 23, 2019 Opinion or Order Filing 126 MOTION to Compel Patrick F Hulla appearing for Defendants PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 1/13/2020 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 to Memorandum - Questionnaire, #3 Declaration of Counsel and Exhibits)(Hulla, Patrick)
December 18, 2019 Opinion or Order Filing 125 DOCKET ENTRY ORDER approving #124 Motion for Pro Hac Vice Appearance of attorney Philip Krzeski for Cory Edwards Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
December 17, 2019 Opinion or Order Filing 124 MOTION FOR PRO HAC VICE APPEARANCE by Philip Zrzeski. ( Filing fee $ 250 receipt number 0976-1985400.)J. Grady Hepworth appearing for Plaintiff Cory Edwards. Responses due by 1/7/2020 (Hepworth, J.)
December 5, 2019 Opinion or Order Filing 123 STATUS REPORT by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. (White, Robert)
October 23, 2019 Opinion or Order Filing 122 ORDER GRANTING JOINT MOTION TO EXTEND STAY OF PROCEEDINGS. This action shall be stayed for an additional 30 days through November 27, 2019, pending mediation. Signed by Judge David C. Nye. (alw)
October 22, 2019 Opinion or Order Filing 121 Joint MOTION to Stay (extend stay) of Proceedings Patrick F Hulla appearing for Defendants Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 11/12/2019 (Hulla, Patrick)
September 19, 2019 Opinion or Order Filing 120 NOTICE by John Carrigan, Cory Edwards, Matthew Garber, James Hollingsworth, Jeffrey Smith, Seth Thomas Sweeney of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action)(Kimble, Andrew)
August 27, 2019 Opinion or Order Filing 119 ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS #118 - IT IS HEREBY ORDERED:1. This action shall be stayed for a 60-day period pending mediation; 2. Pending the outcome of the mediation, the Parties will provide a Status Report to the Court no later than fifteen (15) days after the mediation; 3. If, at mediation, the Parties resolve this action, they will propose a briefing schedule regarding approval of their settlement; or 4. If, at mediation, the Parties are unable to resolve this matter, they shall set forth a proposed briefing schedule for pending discovery disputes. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
August 27, 2019 Opinion or Order Set Deadlines/Hearings: Setting 60-day stay period per order dated 8/27/19. (jd)
August 26, 2019 Opinion or Order Filing 118 Joint MOTION to Stay Proceedings Patrick F Hulla appearing for Defendants PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 9/16/2019 (Hulla, Patrick)
July 8, 2019 Opinion or Order Filing 117 NOTICE by Cory Edwards, James Hollingsworth of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action)(Kimble, Andrew)
June 21, 2019 Opinion or Order Filing 116 NOTICE by Cory Edwards, James Hollingsworth of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action)(Kimble, Andrew)
May 20, 2019 Opinion or Order Filing 115 ANSWER to #114 Amended Complaint,, by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie.(White, Robert)
May 6, 2019 Opinion or Order Filing 114 AMENDED COMPLAINT Third Amended Complaint against Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie, PJ Operation Minnesota, LLC, filed by All Plaintiffs.Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Kimble, Andrew)
May 3, 2019 Opinion or Order Filing 113 ORDER Plaintiffs' Motion for Leave to File Third Amended Complaint (Dkt. #111 ) is GRANTED. Plaintiffs shall file their Third Amended Complaint within 7 days of this order.Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
May 3, 2019 Opinion or Order Set Deadlines/Hearings: Per Order dkt 113 Amended Complaint due by 5/10/2019. (jp)
May 1, 2019 Opinion or Order Filing 112 RESPONSE to Motion re #111 MOTION for Leave to File Third Amended Complaint filed by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 5/15/2019.(White, Robert)
April 10, 2019 Opinion or Order Filing 111 MOTION for Leave to File Third Amended Complaint Andrew Kimble appearing for Plaintiffs Cory Edwards, James Hollingsworth, James Hollingsworth. Responses due by 5/1/2019 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Proposed Third Amended Complaint (clean), #3 Exhibit 2 - Proposed Third Amended Complaint (redlined))Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Kimble, Andrew)
March 5, 2019 Opinion or Order Filing 110 DOCKET ENTRY ORDER approving #109 Motion for Pro Hac Vice Appearance of attorney Patrick F Hulla for PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
February 26, 2019 Opinion or Order Filing 109 MOTION FOR PRO HAC VICE APPEARANCE by Patrick F. Hulla. ( Filing fee $ 250 receipt number 0976-1853461.)Robert Blaine White appearing for Defendants PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 3/19/2019 (White, Robert)
February 25, 2019 Opinion or Order Filing 108 NOTICE by Cory Edwards of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action)Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Kimble, Andrew)
January 30, 2019 Opinion or Order Filing 107 NOTICE of Change of Address by Andrew Kimble Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Kimble, Andrew)
January 11, 2019 Opinion or Order Filing 106 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (3))(Kimble, Andrew)
November 30, 2018 Opinion or Order Filing 105 REPORT of Mediation by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie(McQuade, Melodie)
November 30, 2018 Opinion or Order Filing 104 NOTICE by Cory Edwards, James Hollingsworth of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join)(Kimble, Andrew)
October 29, 2018 Opinion or Order Filing 103 NOTICE by Cory Edwards, James Hollingsworth of Consent to Join (Attachments: #1 Exhibit A-Consent to Join)(Kimble, Andrew)
October 22, 2018 Opinion or Order Filing 102 NOTICE by Cory Edwards, James Hollingsworth of Consent to Join (Attachments: #1 Exhibit A-Consent to Join)(Kimble, Andrew)
October 15, 2018 Opinion or Order Filing 101 NOTICE by Cory Edwards, James Hollingsworth of Consent to Join (Attachments: #1 Exhibit A - Consent to Join)(Kimble, Andrew)
October 9, 2018 Opinion or Order Filing 100 NOTICE by Cory Edwards, James Hollingsworth of Consent to Join - Dalton Root (Attachments: #1 Exhibit A - Consent to Join (1))(Kimble, Andrew)
September 26, 2018 Opinion or Order Filing 99 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A - Consents to Join)(Kimble, Andrew)
September 17, 2018 Opinion or Order Filing 98 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (8))(Kimble, Andrew)
September 14, 2018 Opinion or Order Filing 97 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (4))(Kimble, Andrew)
September 13, 2018 Opinion or Order Filing 96 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (3))(Kimble, Andrew)
September 12, 2018 Opinion or Order Filing 95 NOTICE by Cory Edwards, James Hollingsworth of Consent to Join (Attachments: #1 Exhibit A-Consent to Join)(Kimble, Andrew)
September 11, 2018 Opinion or Order Filing 94 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (4))(Kimble, Andrew)
September 10, 2018 Opinion or Order Filing 93 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (8))(Kimble, Andrew)
September 7, 2018 Opinion or Order Filing 92 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (6))(Kimble, Andrew)
September 6, 2018 Opinion or Order Filing 91 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (2))(Kimble, Andrew)
September 4, 2018 Opinion or Order Filing 90 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A - Consents to Join (12))(Kimble, Andrew)
August 31, 2018 Opinion or Order Filing 89 NOTICE by Cory Edwards, James Hollingsworth of Consent to Join (Attachments: #1 Exhibit A - Consent to Join)(Kimble, Andrew)
August 30, 2018 Opinion or Order Filing 88 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (4))(Kimble, Andrew)
August 27, 2018 Opinion or Order Filing 87 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (6))(Kimble, Andrew)
August 24, 2018 Opinion or Order Filing 86 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join)(Kimble, Andrew)
August 22, 2018 Opinion or Order Filing 85 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A - Consents to Join (3))(Kimble, Andrew)
August 20, 2018 Opinion or Order Filing 84 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (4))(Kimble, Andrew)
August 17, 2018 Opinion or Order Filing 83 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (5))(Kimble, Andrew)
August 16, 2018 Opinion or Order Filing 82 REDACTION to #81 Notice (Other), Exhibit A - Consents to Join (5) by Cory Edwards, James Hollingsworth. (Kimble, Andrew)
August 16, 2018 Opinion or Order Filing 81 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (5))(Kimble, Andrew) Modified on 8/16/2018 to Seal Attachment per attorney request as it should be redacted. They will submit a redacted exhibit for the docket (cjs).
August 15, 2018 Opinion or Order Filing 80 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (2))(Kimble, Andrew)
August 14, 2018 Opinion or Order Filing 79 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (2))(Kimble, Andrew)
August 13, 2018 Opinion or Order Filing 78 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A - Consents to Join (16))(Kimble, Andrew)
August 10, 2018 Opinion or Order Filing 77 NOTICE by Cory Edwards, James Hollingsworth Consents to Join (Attachments: #1 Exhibit A-Consents to Join (2))(Kimble, Andrew)
August 9, 2018 Opinion or Order Filing 76 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A - Consents to Join)(Kimble, Andrew)
August 6, 2018 Opinion or Order Filing 75 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (11))(Kimble, Andrew)
August 3, 2018 Opinion or Order Filing 74 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (5))(Kimble, Andrew)
August 2, 2018 Opinion or Order Filing 73 NOTICE by Cory Edwards, James Hollingsworth Notice of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (43))(Kimble, Andrew)
July 27, 2018 Opinion or Order Filing 72 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A - Consents to Join, #2 Exhibit B - Consents to Join, #3 Exhibit C - Consents to Join)(Kimble, Andrew)
July 17, 2018 Opinion or Order Filing 71 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A-Consents to Join (70))(Kimble, Andrew)
July 13, 2018 Opinion or Order Filing 70 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join (Attachments: #1 Exhibit A - Consents to Join, #2 Exhibit B - Consents to Join, #3 Exhibit C - Consents to Join, #4 Exhibit D - Consents to Join, #5 Exhibit E - Consents to Join, #6 Exhibit F - Consents to Join, #7 Exhibit G - Consents to Join, #8 Exhibit H - Consents to Join)(Kimble, Andrew)
July 6, 2018 Opinion or Order Filing 69 NOTICE by Cory Edwards, James Hollingsworth of Consents to Join Action (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Kimble, Andrew)
May 16, 2018 Opinion or Order Filing 68 AMENDED ORDER RE: PARTIES JOINT MOTION TO APPROVE STIPULATED FORM OF NOTICE OF COLLECTIVE ACTION re Dkts. #64 , #65 , and #67 - Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
May 15, 2018 Opinion or Order Filing 67 ORDER ON PARTIES JOINT MOTION TO APPROVE STIPULATED FORM OF NOTICE OF COLLECTIVE ACTION - IT IS HEREBY ORDERED that the Joint Motion to Approve Stipulated Form of Notice of Collective Action (Dkt. #65 ) is GRANTED. This case is conditionally certified as a collective action pursuant to 29 U.S.C. 216(b)... IT IS FURTHER ORDERED that in light of the above stipulation, the Motion to Certify Class (Dkt. #64 ) is deemed moot. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
May 11, 2018 Opinion or Order Filing 66 RESPONSE to Motion re #64 MOTION to Certify Class Notice of Non-Opposition to Renewed Motion to Send Notice to Similarly Situated Employees filed by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 5/25/2018.(White, Robert)
May 11, 2018 Opinion or Order Filing 65 Joint MOTION Joint Motion to Approve Stipulated Form of Notice of Collective Action Robert Blaine White appearing for Defendants PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Responses due by 6/1/2018 (White, Robert)
April 20, 2018 Opinion or Order Filing 64 MOTION to Certify Class Andrew Kimble appearing for Plaintiffs Cory Edwards, James Hollingsworth, James Hollingsworth. Responses due by 5/11/2018 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Cory Edwards Declaration, #3 Exhibit 2 - Darrel Corbisier Declaration, #4 Exhibit 3 - Danny McNeese Declaration, #5 Exhibit 4 - Brent Jensen Declaration, #6 Exhibit 5 - James Langham Declaration, #7 Exhibit 6 - James Hollingsworth Declaration, #8 Exhibit 7 - Kentucky Secretary of State Filings, #9 Exhibit 8 - Wichita Eagle Article, #10 Exhibit 9 - Sample Paystubs, #11 Exhibit 10 - Proposed Notice and Consent Form, #12 Exhibit 11 - Proposed email to PJ Ops delivery drivers)Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Kimble, Andrew)
March 29, 2018 Opinion or Order Filing 63 ANSWER to #62 Amended Complaint, by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie.(White, Robert)
March 15, 2018 Opinion or Order Filing 62 AMENDED COMPLAINT against Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operation Minnesota, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie, filed by All Plaintiffs.(Kimble, Andrew)
March 13, 2018 Opinion or Order Filing 61 ORDER granting #59 Motion to Amend/Correct - Plaintiffs will have 7 days from the date of this order to file their Second Amended Complaint as outlined in Dkt. 59-2 (Exhibit 1 Proposed Second Amended Complaint). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
March 13, 2018 Opinion or Order Filing 60 RESPONSE to Motion re #59 MOTION to Amend/Correct Unopposed Motion for Leave to Amend filed by PJ Acquisitions, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operation Minnesota, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 3/27/2018.(White, Robert)
March 13, 2018 Opinion or Order Filing 59 MOTION to Amend/Correct Unopposed Motion for Leave to Amend Andrew Kimble appearing for Plaintiffs Cory Edwards, James Hollingsworth. Responses due by 4/3/2018 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Proposed Second Amended Complaint, #3 Exhibit 2 - Proposed Order)(Kimble, Andrew)
March 13, 2018 Opinion or Order CORRECTIVE ENTRY - The entry document number #59 MOTION to Amend/Correct Unopposed Motion for Leave to Amend filed by Cory Edwards, James Hollingsworth in regards to the proposed order, was filed incorrectly in this case. Pursuant to the ECF Procedures, section 12B, all proposed orders are to be submitted by email only to the appropriate Judges proposed order email box. The filing party shall re-submit their proposed order.(cjs)
March 6, 2018 Opinion or Order Filing 58 NOTICE of Appearance by Mark Potashnick on behalf of All Plaintiffs Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Potashnick, Mark)
March 6, 2018 Opinion or Order CORRECTIVE ENTRY - The entry docket number #58 Notice of Appearance filed by Cory Edwards, James Hollingsworth is a duplicate filing of Dkt. 57 but with a correct Certificate of Service. (cjs)
March 5, 2018 Opinion or Order Filing 57 NOTICE of Appearance by Mark Potashnick on behalf of All Plaintiffs Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Potashnick, Mark) Modified on 3/6/2018 to refer to Dkt. #58 for correct certificate of service (cjs).
March 5, 2018 Opinion or Order CORRECTIVE ENTRY - The entry docket number #57 Notice of Appearance filed by Cory Edwards, James Hollingsworth was filed incorrectly in this case as it pertains to the Certificate of Service only. The filing party shall refer to ECF Procedure 8 and re-submit their correct certificate of service using Certificate of Service located under Service of Process and link to the docket entry.(cjs)
February 28, 2018 Opinion or Order Filing 56 DOCKET ENTRY ORDER approving #54 Motion for Pro Hac Vice Appearance of attorney Mark Potashnick for James Hollingsworth and #55 Errata. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)(Placed in mail on 3/1/2018.) Modified on 2/28/2018 (cjs).
February 28, 2018 Opinion or Order Filing 55 ERRATA by Plaintiff James Hollingsworth Application for Admission Pro Hac Vice. (Hepworth, Jeffrey)
February 28, 2018 Opinion or Order Filing 54 MOTION FOR PRO HAC VICE APPEARANCE by Mark Potashnick. ( Filing fee $ 225 receipt number 0976-1704719.)Jeffrey J Hepworth appearing for Plaintiff James Hollingsworth. Responses due by 3/21/2018 (Hepworth, Jeffrey)
February 28, 2018 Opinion or Order Filing 53 NOTICE by James Hollingsworth Application for Admission Pro Hac Vice (Hepworth, Jeffrey)
February 28, 2018 Opinion or Order CORRECTIVE ENTRY - The entry docket number #53 Notice (Other) filed by James Hollingsworth was filed incorrectly in this case as the wrong event was used. The filing party shall re-submit their filing using the correct motion event. Use "Pro Hac Vice Appearance" and this event will prompt you for payment of the fee via pay.gov. Or use "Pro Hac Vice Appearance Pro Bono/Fee Waiver" if you are requesting admission and waiver of the fee.(cjs)
February 26, 2018 Opinion or Order Filing 52 MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. The joint Motion to Consolidate Cases (Dkt. #49 ) is GRANTED. 2. Case No. 1:18-cv-00037-DCN, Hollingsworth v. PJ Holdings KY, LLC et al., is hereby CONSOLIDATED with the above captioned case. 3. The Parties will submit any and all future filings only in Case No. 1:17-cv-00283-DCN which is now the lead case. The Parties will use the case caption as it appears herein in all future pleadings. A signed copy of this order will be placed in the file of Case No. 1:18-cv-00037-DCN. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
February 13, 2018 Opinion or Order Filing 51 RESPONSE to Motion re #49 Consent MOTION to Consolidate Cases Notice of Partial Non-Opposition to Plaintiff's Unopposed Rule 42 Motion to Consolidate filed by PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 2/27/2018.(White, Robert)
February 8, 2018 Opinion or Order Filing 50 NOTICE of Appearance by Emily Mueller on behalf of PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie (Mueller, Emily)
February 8, 2018 Opinion or Order Filing 49 Consent MOTION to Consolidate Cases Andrew Kimble appearing for Plaintiff Cory Edwards. Responses due by 3/1/2018 (Kimble, Andrew)
December 6, 2017 Opinion or Order Filing 48 ANSWER to #46 Amended Complaint, by PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie.(White, Robert)
November 7, 2017 Opinion or Order Filing 47 CERTIFICATE OF SERVICE by Cory Edwards re #46 Amended Complaint, with respect to PJ Ops Idaho, LLC and Tom Wylie (Kimble, Andrew)
November 7, 2017 Opinion or Order CORRECTIVE ENTRY - The entry docket number #46 Amended Complaint, filed by Cory Edwards was filed incorrectly in this case as it pertains to the Certificate of Service only as it is missing for appearing party(s). The filing party shall refer to ECF Procedure 8 and submit their correct certificate of service using Certificate of Service located under Service of Process and link to the docket entry.(cjs)
November 6, 2017 Opinion or Order Filing 46 AMENDED COMPLAINT against PJ Ops Idaho, LLC, Tom Wylie, PJ Holdings KY, LLC, PJ Ops Kansas, LLC, PJ Ops Colorado, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ Operations LLC, PJ West Fargo, LLC, PJ Falcon Colorado, LLC, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, filed by Cory Edwards.(Kimble, Andrew)
November 6, 2017 Opinion or Order Filing 45 DOCKET ENTRY ORDER. Pursuant to Defendant's Notice of Non-Opposition (Dkt. #44 ), Plaintiff's Motion for Leave to File First Amended Complaint (Dkt. #38 ) is hereby GRANTED. Plaintiff shall have until November 9, 2017, to file its First Amended Complaint (Dkt. [38-2]). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
November 3, 2017 Opinion or Order Filing 44 RESPONSE to Motion re #38 MOTION to Amend/Correct #1 Complaint, filed by PJ Ops Idaho, LLC, Tom Wylie. Replies due by 11/17/2017.(White, Robert)
October 31, 2017 Opinion or Order The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. Consent deadline(s) termed. (cjs)
October 24, 2017 Opinion or Order Filing 43 DOCKET ENTRY ORDER. Pursuant to the Court's informal communications with the Parties, Defendants' Motion for Status Conference (Dkt. #41 ) is dismissed as Moot. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
October 20, 2017 Opinion or Order Filing 42 RESPONSE to Motion re #41 MOTION for Hearing Request for Status Conference filed by Cory Edwards. Replies due by 11/3/2017.(Kimble, Andrew)
October 19, 2017 Opinion or Order Filing 41 MOTION for Hearing Request for Status Conference Robert Blaine White appearing for Defendants PJ Ops Idaho, LLC, Tom Wylie. Responses due by 11/9/2017 (White, Robert)
October 17, 2017 Opinion or Order Filing 40 Docket entry only - CONSENT to Magistrate Judge filed. (cjs)
October 17, 2017 Opinion or Order CORRECTIVE ENTRY - The entry document number #38 MOTION to Amend/Correct #1 Complaint, filed by Cory Edwards in regards to the proposed order, was filed incorrectly in this case. Pursuant to the ECF Procedures, section 12B, all proposed orders are to be submitted by email to the appropriate Judges proposed order email box. The filing party shall re-submit their proposed order.(cjs)
October 13, 2017 Opinion or Order Filing 39 REPLY to Response to Motion re #29 MOTION to Certify FLSA Collective Action and Approve Notice to Putative Class Members filed by Cory Edwards.(Kimble, Andrew)
October 13, 2017 Opinion or Order Filing 38 MOTION to Amend/Correct #1 Complaint, Andrew Kimble appearing for Plaintiff Cory Edwards. Responses due by 11/3/2017 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Proposed First Amended Complaint, #3 Exhibit 2 - Limited Liability Company Filings, #4 Exhibit 3 - Proposed Order Granting Motion)(Kimble, Andrew)
October 12, 2017 Opinion or Order Filing 37 **CORRECTIVE ENTRY** The Court's prior order erroneously utilized the page lengths as applied to response briefs, not reply briefs. Plaintiff's will still be given 5 extra pages, however that will mean their brief should not exceed 15 pages. The Court will not accept a 20 page reply as requested. Please disregard the Court's references to 25 and 30 pages. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
October 12, 2017 Opinion or Order Filing 36 DOCKET ENTRY ORDER. Having reviewed Plaintiffs' explanation and good cause appearing, plaintiffs' Motion for Leave to File Overlength Brief ([Dkt. 35]) is GRANTED to the following extent: Plaintiff may file a brief not to exceed 25 pages. Overlength briefs are rarely granted by the Court however because this case presents complicated issues and may become a class action suit, the Court will allow this overlength brief. The Court allowed defendants to file a 24 page brief, it is only fair to extend a similar opportunity to plaintiffs. The Court will not however allow a 30 page brief. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
October 11, 2017 Opinion or Order Filing 35 MOTION for Leave to File Excess Pages Andrew Kimble appearing for Plaintiff Cory Edwards. Responses due by 11/1/2017 (Kimble, Andrew)
October 4, 2017 Opinion or Order CORRECTIVE ENTRY - The entry docket number #29 MOTION to Certify FLSA Collective Action and Approve Notice to Putative Class Members filed by Cory Edwards was filed incorrectly in this case as it pertains to the Certificate of Service only. The filing party shall refer to ECF Procedure 8 and submit correct certificates of service for all future filings.(cjs)
October 2, 2017 Opinion or Order Filing 34 NOTICE of Appearance by Melodie Annalise McQuade on behalf of PJ Ops Idaho, LLC, Tom Wylie (McQuade, Melodie)
October 2, 2017 Opinion or Order Filing 33 DOCKET ENTRY ORDER. Having reviewed defendants' explanation and good cause appearing, defendants' Motion for Leave to File Overlength Brief (Dkt. #32 ) is GRANTED. Overlength briefs are rarely granted by the Court however because this case presents complicated issues and may become a class action suit, the Court will allow this overlength brief. The Court would also note that filing a Motion for overlength brief simultaneously with an overlength brief on the response due date is inappropriate. Advanced notice will be necessary in the future. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
September 29, 2017 Opinion or Order Filing 32 MOTION for Leave to File Overlength Brief Robert Blaine White appearing for Defendants PJ Ops Idaho, LLC, Tom Wylie. Responses due by 10/20/2017 (White, Robert)
September 29, 2017 Opinion or Order Filing 31 MEMORANDUM in Opposition re #29 MOTION to Certify FLSA Collective Action and Approve Notice to Putative Class Members filed by PJ Ops Idaho, LLC, Tom Wylie. Replies due by 10/13/2017. (Attachments: #1 Declaration of Stephen Warren, #2 Declaration of Tom Wylie)(White, Robert)
September 11, 2017 Opinion or Order Filing 30 Corporate Disclosure Statement by PJ Ops Idaho, LLC identifying Corporate Parent PJ Ops Idaho, LLC, Other Affiliate PJ Holdings KY, LLC for PJ Ops Idaho, LLC.. (White, Robert)
September 8, 2017 Opinion or Order Filing 29 MOTION to Certify FLSA Collective Action and Approve Notice to Putative Class Members Andrew Kimble appearing for Plaintiff Cory Edwards. Responses due by 9/29/2017 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Chart of Admissions from Defendants' Answer, #3 Exhibit 2 - Declaration of Cory Edwards, #4 Exhibit 3 - Declaration of Darrel Corbisier, #5 Exhibit 4 - Declaration of Danny McNeese, #6 Exhibit 5 - Declaration of Brent Jensen, #7 Exhibit 6 - Declaration of James Langham, #8 Exhibit 7 - Sampling of Paystubs for Opt-In Plaintiffs Rocha and Langham, #9 Exhibit 8 - Defendants' Secretary of State Filings, #10 Exhibit 9 - Wichita Eagle Article, #11 Exhibit 10 - Colorado Springs Gazette Article, #12 Exhibit 11 - Papa John's Franchisee of the Year Press Release, #13 Exhibit 12 - Proposed Notice and Consent Form, #14 Exhibit 13 - Proposed Email to Putative Class Members, #15 Exhibit 14 - Wall Street Journal Article)(Kimble, Andrew)
September 5, 2017 Opinion or Order Filing 28 ORDER re #24 Stipulation of Dismissal - all claims against Papa Johns International, Inc. in the above-captioned action are DISMISSED WITHOUT PREJUDICE. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
August 31, 2017 Opinion or Order Filing 27 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Cory Edwards, PJ Ops Idaho, LLC, Tom Wylie re #26 Answer to Complaint, #1 Complaint, Consent/Objection to Magistrate due by 10/30/2017. (cjs)
August 31, 2017 Opinion or Order CORRECTIVE ENTRY - The entry docket number #25 Notice (Other) filed by Enrique Rocha was filed incorrectly in this case as the party should not have been added to the case as a Plaintiff at this time.No action is needed by the filing party as the Clerk's Office will make the correction.(cjs)
August 31, 2017 Opinion or Order NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (cjs)
August 28, 2017 Opinion or Order Filing 26 ANSWER to #1 Complaint, (Class and Collective Action) by PJ Ops Idaho, LLC, Tom Wylie.(White, Robert)
August 25, 2017 Opinion or Order Filing 25 NOTICE by Cory Edwards of Consent to Join Action - Enrique Rocha (Kimble, Andrew) Modified on 8/31/2017 pursuant to Corrective Entry (cjs).
August 24, 2017 Opinion or Order Filing 24 STIPULATION of Dismissal (JOINT) by Papa John's International, Inc.. (Maatman, Gerald)
August 18, 2017 Opinion or Order Filing 23 DOCKET ENTRY ORDER approving #22 Motion for Pro Hac Vice Appearance of attorney Gerald L Maatman, Jr for Papa John's International, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
August 18, 2017 Opinion or Order Filing 22 MOTION FOR PRO HAC VICE APPEARANCE by Gerald L. Maatman, Jr.. ( Filing fee $ 225 receipt number 0976-1624622.)D. John Ashby appearing for Defendant Papa John's International, Inc.. Responses due by 9/8/2017 (Ashby, D.)
August 17, 2017 Opinion or Order Filing 21 DOCKET ENTRY ORDER - IT IS HEREBY ORDERED that this case is reassigned to the Honorable David C. Nye for all further proceedings. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
August 17, 2017 Opinion or Order Filing 20 DOCKET ENTRY ORDER ADOPTING #18 Stipulation. PJI shall have until August 28, 2017 to respond to Plaintiff's Complaint. Signed by Judge Ronald E. Bush. (dg)
August 17, 2017 Opinion or Order DOCKET ENTRY NOTICE of Case Number Change. Case reassigned to Judge David C. Nye for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings, 1:17-cv-00283-DCN. (cjs)
August 16, 2017 Opinion or Order Filing 19 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Cory Edwards, Papa John's International, Inc. re #18 Stipulation, #1 Complaint, Consent/Objection to Magistrate due by 10/16/2017. (cjs)
August 16, 2017 Opinion or Order NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (cjs)
August 14, 2017 Opinion or Order Filing 18 STIPULATION - REGARDING RESPONSE TO COMPLAINT by Papa John's International, Inc.. (Ashby, D.)
August 14, 2017 Opinion or Order Filing 17 DOCKET ENTRY ORDER ADOPTING #16 Stipulation. Defendants' shall submit an answer in this matter on or before August 28, 2017. Signed by Judge Ronald E. Bush. (dg)
August 11, 2017 Opinion or Order Filing 16 STIPULATION to Extend Deadline to Submit Answer by PJ Ops Idaho, LLC, Tom Wylie. (White, Robert)
July 28, 2017 Opinion or Order Filing 15 SUMMONS Returned Executed by Cory Edwards. Tom Wylie served on 7/25/2017, answer due 8/15/2017. (Hepworth, Jeffrey)
July 28, 2017 Opinion or Order Filing 14 SUMMONS Returned Executed by Cory Edwards. Papa John's International, Inc. served on 7/24/2017, answer due 8/14/2017. (Hepworth, Jeffrey)
July 25, 2017 Opinion or Order Filing 13 NOTICE by Cory Edwards Consent to Join Action - Hill (Hepworth, Jeffrey)
July 25, 2017 Opinion or Order Filing 12 NOTICE by Cory Edwards Consent ot Join Action - Langham (Hepworth, Jeffrey)
July 25, 2017 Opinion or Order Filing 11 SUMMONS Returned Executed by Cory Edwards. PJ Ops Idaho, LLC served on 7/21/2017, answer due 8/11/2017. (Hepworth, Jeffrey) Modified on 7/25/2017 to correct party served in the text (cjs).
July 25, 2017 Opinion or Order Filing 10 SUMMONS Returned Executed by Cory Edwards. Papa John's International, Inc served on 7/21/2017, answer due 8/11/2017. (Hepworth, Jeffrey) Modified on 7/25/2017 to correct party served in the text (cjs).
July 17, 2017 Opinion or Order Filing 9 Summons Issued as to PJ Ops Idaho, LLC, Papa John's International, Inc., Tom Wylie. (Print attached Summons for service.) (Attachments: #1 Summons, #2 Summons, #3 Summons)(cjs)
July 14, 2017 Opinion or Order Filing 8 DOCKET ENTRY ORDER approving #6 Motion for Pro Hac Vice Appearance of attorney Andrew Biller for Cory Edwards; approving #7 Motion for Pro Hac Vice Appearance of attorney Andrew Kimble for Cory Edwards. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
July 12, 2017 Opinion or Order Filing 7 MOTION FOR PRO HAC VICE APPEARANCE by Andrew Kimble. ( Filing fee $ 225 receipt number 0976-1609298.)Jeffrey J Hepworth appearing for Plaintiff Cory Edwards. Responses due by 8/2/2017 (Hepworth, Jeffrey)
July 12, 2017 Opinion or Order Filing 6 MOTION FOR PRO HAC VICE APPEARANCE by Andrew Biller. ( Filing fee $ 225 receipt number 0976-1609270.)Jeffrey J Hepworth appearing for Plaintiff Cory Edwards. Responses due by 8/2/2017 (Hepworth, Jeffrey)
July 10, 2017 Opinion or Order Filing 5 NOTICE by Cory Edwards of Consent to Join Action - Jensen (Hepworth, Jeffrey)
July 6, 2017 Opinion or Order Filing 4 NOTICE by Cory Edwards of Consent to Join Action- Corbisier (Hepworth, Jeffrey)
July 6, 2017 Opinion or Order Filing 3 NOTICE by Cory Edwards of Consent to Join Action - McNeese (Hepworth, Jeffrey)
July 5, 2017 Opinion or Order Filing 2 SUPPLEMENT by Plaintiff Cory Edwards re #1 Complaint Exhibit - Consent to Join Action - Cory Edwards. (Hepworth, Jeffrey)
July 5, 2017 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0976-1606643.), filed by Cory Edwards. (Attachments: #1 Exhibit Consent to Join Action, #2 Cover Sheet)(Hepworth, Jeffrey) Modified on 7/5/2017 to refer to Dkt. #2 for correct Attachment #1 Exhibit Consent to Join Action (cjs).
July 5, 2017 Opinion or Order CORRECTIVE ENTRY - The entry docket number #1 Complaint filed by Cory Edwards was filed incorrectly in this case in regard to Attachment #1 only as the wrong document was attached. The filing party will re-submit their correct filing for Attachment #1 using the event of Supplement. (cjs)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Idaho District Court's Electronic Court Filings (ECF) System

Search for this case: Edwards et al v. PJ Ops Idaho, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Tom Wylie
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Ops Idaho, LLC
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Papa John's International, Inc.
Represented By: D. John Ashby
Represented By: Gerald L Maatman, Jr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Holdings KY, LLC
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Represented By: Emily Mueller
Represented By: Justin M Dean
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Ops Kansas, LLC
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Ops Colorado, LLC
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Ops Louisiana, LLC
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Ops New York, LLC
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Operations LLC
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ West Fargo, LLC
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Falcon Colorado, LLC
Represented By: Patrick F Hulla
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Represented By: Melodie Annalise McQuade
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Corporate Doe Defendants 1-10
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Individual Doe Defendants 1-10
Represented By: Justin M Dean
Represented By: Patrick F Hulla
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Ops Minnesota, LLC
Represented By: Justin M Dean
Represented By: Emily Mueller
Represented By: Melodie Annalise McQuade
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Acquisitions, LLC
Represented By: Emily Mueller
Represented By: Justin M Dean
Represented By: Melodie Annalise McQuade
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PJ Colorado Springs Co Op, LLC
Represented By: Justin M Dean
Represented By: Melodie Annalise McQuade
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: David "Dougie" Allen
Represented By: Justin M Dean
Represented By: Melodie Annalise McQuade
Represented By: Patrick F Hulla
Represented By: Robert Blaine White
Represented By: Traer E. Cundiff
Represented By: Darin P. Shreves
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Cory Edwards
Represented By: Andrew Biller
Represented By: Andrew Kimble
Represented By: Emily Hubbard
Represented By: Erica Blankenship
Represented By: J. Grady Hepworth
Represented By: Jeffrey J Hepworth
Represented By: Mark Potashnick
Represented By: Nathan Spencer
Represented By: Philip Krzeski
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: James Hollingsworth
Represented By: Andrew Biller
Represented By: Erica Blankenship
Represented By: Jeffrey J Hepworth
Represented By: Mark Potashnick
Represented By: Nathan Spencer
Represented By: Philip Krzeski
Represented By: Richard M. Paul, III
Represented By: Andrew Kimble
Represented By: Emily Hubbard
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: John Carrigan
Represented By: Andrew Biller
Represented By: Erica Blankenship
Represented By: Mark Potashnick
Represented By: Nathan Spencer
Represented By: Philip Krzeski
Represented By: Emily Hubbard
Represented By: Andrew Kimble
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Seth Thomas Sweeney
Represented By: Andrew Biller
Represented By: Erica Blankenship
Represented By: Mark Potashnick
Represented By: Nathan Spencer
Represented By: Philip Krzeski
Represented By: Emily Hubbard
Represented By: Andrew Kimble
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Matthew Garber
Represented By: Andrew Biller
Represented By: Erica Blankenship
Represented By: Mark Potashnick
Represented By: Nathan Spencer
Represented By: Philip Krzeski
Represented By: Emily Hubbard
Represented By: Andrew Kimble
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Jeffrey Smith
Represented By: Andrew Biller
Represented By: Erica Blankenship
Represented By: Mark Potashnick
Represented By: Nathan Spencer
Represented By: Philip Krzeski
Represented By: Emily Hubbard
Represented By: Andrew Kimble
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?