Perdue et al v. Hy-Vee, Inc.
| Dustin Murray, Noreen Perdue, Elizabeth Davis-Berg, Harley Williams, Melanie Savoie, Cheryl Ellingson, Mary Willliams, Angela Trang, Melissa Ward, Patricia Davis and Gordon Grewing |
| Hy-Vee, Inc. |
| 1:2019cv01330 |
| October 15, 2019 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 79
NOTICE OF FILING OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 7/19/2021, before Judge Michael M. Mihm. Court Reporter/Transcriber J. Johnson, Telephone number 309-573-0378. Transcript purchased by:Benjamin Johns. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2021. Redacted Transcript Deadline set for 9/7/2021. Release of Transcript Restriction set for 11/2/2021. (TK)
|
|
Filing 78
JUDGMENT IN A CIVIL CASE. (FDS)
|
|
Filing 77
ORDER AND OPINION GRANTING FINAL APPROVAL OF THE CLASS ACTION SETTLEMENT. SEE FULL WRITTEN ORDER. Entered by Judge Michael M. Mihm on 7/21/21. (Attachments: #1 Exhibit)(FDS)
|
|
Filing 76
NOTICE OF FILING - [PROPOSED] ORDER GRANTING FINAL APPROVAL OF THE CLASS ACTION SETTLEMENT AND JUDGMENT (Attachments: #1 Exhibit A)(Johns, Benjamin)
|
|
Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present in open court with Ben Barnow and Anthony Parkhill for the Plaintiffs. Attorneys Paul Karlsgodt, Maria Boelen, John Heil for Defendants. Discussion held regarding the motion for approval and for attorneys fees. Arguments heard regarding how many class member claims have been approved. Plaintiffs ordered to submit a proposed order and a final report of the amount that the class members who filed claims ultimately receive. Class Counsel represents that the information regarding the class payout will likely be available within three months. Motion for Attorney Fees #68 and Motion for Settlement #70 Granted. Incentive awards for class representatives approved. (Court Reporter JJ.) (AEM)
|
|
Filing 75
Response by Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward re #73 Order,, Set/Reset Deadlines:, . (Attachments: #1 Declaration of Benjamin F. Johns, #2 Declaration of Ben Barnow, #3 Declaration of Shpetim Ademi, #4 Declaration of Katrina Carroll, #5 Declaration of Cornelius P. Dukelow, #6 Declaration of William B. Federman, #7 Declaration of Carl V. Malmstrom, #8 Declaration of Bennett G. Picker)(Johns, Benjamin)
|
|
TEXT ONLY ORDER Entered by Judge Michael M. Mihm on 7/13/2021. GRANTING #74 Defendants request that attorney Paul Karlsgodt be permitted to appear for the final approval hearing via telephone. Counsel explains that Plaintiffs Counsel does not oppose the motion and that two attorneys representing Defendant will be present in person. This motion is GRANTED for good cause shown. Mr. Karlsgodt is directed to dial 571-353-2300 and then enter 007395538# in order to participate in the hearing. (AEM)
|
|
Filing 74
MOTION for Leave to Appear Telephonically at the Final Approval Hearing currently scheduled for July 19, 2021 by Defendant Hy-Vee, Inc.. Responses due by 7/26/2021 (Boelen, Maria)
|
|
Filing 73
ORDER entered by Judge Michael M. Mihm on 7/8/21. Given the information currently before the Court, it would be unable to approve Counsel's full fee request. If counsel would like the Court to consider additional information regarding its fees, it is ORDERED that Counsel provide more detailed billing information on or before noon on Thursday July 15, 2021. SEE FULL WRITTEN ORDER. (FDS)
|
|
TEXT ORDER entered by Judge Michael M. Mihm on 6/30/21. Pending before the Court are Plaintiffs' Motion for Attorney Fees #68 and Plaintiffs' Motion for Final Approval of the Class Action Settlement #70 . The Court will address both of these motions at the in-person hearing that is set for July 19, 2021 at 10:00 AM in Courtroom B in Peoria. According to the Amended General Order 21-02 signed by Chief Judge Sara Darrow on June 21, 2021, persons not vaccinated for COVID-19 must wear a face covering, unless medically exempt, in the public areas of the courthouse and must maintain six feet of physical distance from other persons whenever possible. Counsel can review the order on the website for the Central District of Illinois for complete information on the Court's continuing mitigations efforts related to COVID-19. (FDS)
|
|
Filing 72
AFFIDAVIT in Support re #70 MOTION for Settlement -- Plaintiffs' Motion for Final Approval of the Class Action Settlement -- Declaration of Jeanne C. Finegan, APR, Concerning Implementation of Class Notice filed by Plaintiffs Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward. (Johns, Benjamin)
|
|
Filing 71
MEMORANDUM in Support re #70 MOTION for Settlement -- Plaintiffs' Motion for Final Approval of the Class Action Settlement filed by Plaintiffs Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward. (Johns, Benjamin)
|
|
Filing 70
MOTION for Settlement -- Plaintiffs' Motion for Final Approval of the Class Action Settlement by Plaintiffs Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward. Responses due by 7/12/2021 (Attachments: #1 Text of Proposed Order)(Johns, Benjamin)
|
|
Filing 69
NOTICE REGARDING COMPLIANCE WITH 28 USC SECTION 1715 (Boelen, Maria)
|
|
Filing 68
MOTION for Attorney Fees by Plaintiffs Patricia Davis, Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Melissa Ward, Harley Williams, Mary Willliams. Responses due by 5/7/2021 (Attachments: #1 Exhibit A - Barnow Declaration, #2 Exhibit B - Johns Declaration)(Barnow, Ben)
|
|
Filing 67
MOTION to Withdraw as Attorney by Plaintiffs Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward. Responses due by 4/23/2021 (Schork, Erich)
|
|
TEXT ONLY ORDER granting #67 Motion for Leave to Withdraw: Attorney Erich P. Schork is terminated as counsel for Plaintiffs. Entered by Judge Michael M. Mihm on 4/9/2021. (MNS)
|
|
Filing 66
OBJECTION by settlement class member Kimber Ingle to #62 Order. (TK)
|
|
Filing 65
NOTICE OF FILING OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 1/21/2021, before Judge Michael M. Mihm. Court Reporter/Transcriber J. Johnson, Telephone number 309-573-0378. Transcript purchased by:Benjamin F. Johns. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/2/2021. Redacted Transcript Deadline set for 3/12/2021. Release of Transcript Restriction set for 5/10/2021. (TK, ilcd)
|
|
Filing 64
NOTICE of Withdrawal of Counsel (Ferich, Andrew)
|
|
TEXT ORDER: Attorney for Defendant, George J. Tzanetopoulos, has moved to withdraw his appearance in this matter. Mr. Tzanetopoulos indicates he has retired from Baker & Hostetler LLP and Defendant will continue to be represented by attorneys Paul G. Karlsgodt, Maria A. Boelen, John P. Heil, Jr., and Emily Perkins. Finding good cause has been shown, the Court GRANTS Defendant's #63 Motion to Withdraw as Attorney. Entered by Judge Michael M. Mihm on 1/26/21. (FDS, ilcd)
|
|
Filing 63
MOTION to Withdraw as Attorney (on behalf of George J. Tzanetopoulos) by Defendant Hy-Vee, Inc.. Responses due by 2/8/2021 (Boelen, Maria)
|
|
Filing 62
ORDER Conditionally Certifying a Settlement Class, Granting Preliminary Approval of the Class Action Settlement, Approving the Form and Manner of Notice, and Scheduling Final Approval Hearing. Entered by Judge Michael M. Mihm on 1/25/2021. (JS, ilcd)
|
|
Filing 61
Exhibit re #57 MOTION for Settlement - Plaintiffs' Unopposed Motion for Preliminary Approval of the Class Action Settlement and Direction of Notice under Fed. R. Civ. P. 23(e), Status Conference,,,,, Set/Reset Hearings,,,, Amended Exhibits per Minute Entry dated 1.22.2021 by Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward. (Attachments: #1 Exhibit B - Preliminary Approval Order [Clean], #2 Exhibit B - Preliminary Approval Order [Redlined], #3 Exhibit D - Claim Form [Clean], #4 Exhibit D - Claim Form [Redlined], #5 Exhibit E - Postcard Notice [Clean], #6 Exhibit E - Postcard Notice [Redlined], #7 Exhibit F - Email Notice [Clean], #8 Exhibit F - Email Notice [Redlined], #9 Exhibit G - Publication Notice [Clean], #10 Exhibit G - Publication Notice [Redlined], #11 Exhibit H - Long Form Notice [Clean], #12 Exhibit H - Long Form Notice [Redlined])(Johns, Benjamin)
|
|
Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present via telephone by Attorneys Benjamin Johns/Ben Barnow/ Erich Shork/ Andrew Ferich/Anthony Parkhill for the Plaintiffs and Attorneys Paul Karlsgodt/Maria Boelen/John Heil, Jr. Discussion held regarding #57 Motion for Settlement and why this Settlement Agreement is fair, reasonable and adequate. Opt-out notices to be sent to Plaintiffs' counsel and Plaintiffs will inform the Court. Parties are directed to submit updated Settlement Agreement and Proposed Order. Specifically, adding examples to section 2.2 of the Settlement Agreement, updating deadline for motion for attorney's fees to 30 days before the objection deadline, removing language "Depending on the number of valid claims, some payments may be reduced" from Exhibit G Notice along with any other notices that have similar language, including any dates necessary in the Proposed Order, and any other updates the attorneys represented. Updates must be submitted to the Court by end of business on 1/22/2021. Miscellaneous Hearing set for 7/19/2021 at 10:00 AM in Courtroom B in Peoria before Judge Michael M. Mihm. (Court Reporter JJ.) (VH, ilcd)
|
|
Remark: The 1/11/2021-1/13/2021 docket entries were returned as an undeliverable email address as to George J Tzanetopoulos. Attorney George J Tzanetopoulos email account disabled. (LN, ilcd)
|
|
TEXT ONLY ORDER: A Status Conference is set for Thursday, 1/21/2021 at 3:00 PM by telephone before Judge Michael M. Mihm to discuss the relief the parties seek related to the settlement and mentioned in #57 Plaintiffs' Unopposed Motion for Preliminary Approval. The parties are directed to dial 571-353-2300 and then enter 007395538#. Entered by Judge Michael M. Mihm on 1/13/2021(MNS, ilcd)
|
|
TEXT ORDER: The Court has reviewed the Parties' #59 Joint Motion for Leave to File Under Seal. The Parties seek to file the confidential opt-out threshold referenced in Section 4.3 of the Parties' Settlement Agreement under seal. Finding good cause shown for the reasons stated in the Motion, the Court GRANTS the Parties' #59 Joint Motion for Leave to File Under Seal. Document #60 is to remain SEALED.Entered by Judge Michael M. Mihm on 1/13/2021. (NRL, ilcd)
|
|
Filing 60
+++ SEALED DOCUMENT.. (Johns, Benjamin)
|
|
Filing 59
Joint MOTION to Seal by Plaintiffs Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward. Responses due by 1/26/2021 (Attachments: #1 Text of Proposed Order)(Johns, Benjamin)
|
|
Filing 58
MEMORANDUM in Support re #57 MOTION for Settlement - Plaintiffs' Unopposed Motion for Preliminary Approval of the Class Action Settlement and Direction of Notice under Fed. R. Civ. P. 23(e) filed by Plaintiffs Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward. (Johns, Benjamin)
|
|
Filing 57
MOTION for Settlement - Plaintiffs' Unopposed Motion for Preliminary Approval of the Class Action Settlement and Direction of Notice under Fed. R. Civ. P. 23(e) by Plaintiffs Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward. Responses due by 1/26/2021 (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Declaration of Benjamin Johns, #3 Exhibit 3 - Declaration Claims Administrator, #4 Exhibit 4 - Proposed Order)(Johns, Benjamin)
|
|
TEXT ORDER: On December 10, 2020, the Parties indicated in a #55 Joint Status Report that they had been finalizing a settlement agreement and related documents. The Parties stated they anticipated to submit a motion for preliminary approval of the class settlement within 14 days of that report; however, the Court has not received any documents since that filing. Therefore, the Court ORDERS the Parties to file a Joint Status Report on or before January 19, 2021 updating the Court on the status of the case. Entered by Judge Michael M. Mihm on 1/12/2021. (NRL, ilcd)
|
|
Filing 56
NOTICE of Appearance of Attorney by Carl Vincent Malmstrom on behalf of Elizabeth Davis-Berg (Malmstrom, Carl)
|
|
Filing 55
STATUS REPORT JOINT STATUS REPORT by Hy-Vee, Inc.. (Boelen, Maria)
|
|
Filing 54
STATUS REPORT -- JOINT STATUS REPORT -- by Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Angela Trang, Melissa Ward. (Johns, Benjamin)
|
|
Filing 53
STIPULATION of Dismissal by Patricia Davis, Melanie Savoie, Harley Williams, Mary Willliams. (Ferich, Andrew)
|
|
Filing 52
NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 5/20/20, before Judge Michael M. Mihm. Court Reporter/Transcriber LC, Telephone number 217-373-5830. Transcript purchased by:Chimicles Law Firm. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2020. Redacted Transcript Deadline set for 9/10/2020. Release of Transcript Restriction set for 11/9/2020. (FDS, ilcd)
|
|
Filing 51
STIPULATION AND ORDER ESTABLISHING THE PROTOCOL FOR THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION entered by Judge Michael M. Mihm on 6/30/20. SEE FULL WRITTEN ORDER. (FDS, ilcd)
|
|
Filing 50
STIPULATION and [Proposed] Order Establishing the Protocol for the Production of Documents and Electronically Stored Information by Patricia Davis, Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Melissa Ward, Harley Williams, Mary Willliams.. (Ferich, Andrew)
|
|
Filing 49
STIPULATED ORDER GOVERNING THE TAKING OF REMOTE DEPOSITIONS entered by Judge Michael M. Mihm on 6/26/20. SEE FULL WRITTEN ORDER. (FDS, ilcd)
|
|
Filing 48
Proposed Order (Stipulated) Governing the Taking of Remote Depositions by Patricia Davis, Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Melissa Ward, Harley Williams, Mary Willliams. (Attachments: #1 Certificate of Service)(Schork, Erich) Modified on 6/26/2020 to correct the title of the pleading. (FDS, ilcd).
|
|
Minute entry before Judge Michael M. Mihm held on 5/20/2020. Appearance for the Plaintiff by Ben Barnow, Erich Shork, Andrew Ferich, and Benjamin Johns by telephone. Appearances for the Defendants by John Heil Jr., Maria Boelen and Paul Karlsgodt by telephone. Status conference held. Status of the case, remaining and dismissed counts discussed. Discovery timelines discussed. The Court approves the discovery deadlines set forth in #47 Status Report. Parties are to proceed with 30(b)(6) depositions first, and meet and confer after to discuss whether further depositions of Hy-Vee employees are necessary. Defendants to provide Rule 26 initial disclosures within 30 days. In addition to the Parties' agreed upon discovery production, Defendants are to provide details of Hy-Vee's PCI network and written policies and procedures relating to Hy-Vee's security practices up to a year of the event within 30 days. Parties to meet and confer after production to discuss whether additional documents are necessary. If the Parties cannot resolve any discovery disputes, they are to promptly bring it to Judge Michael M Mihm's attention. The Parties are reminded that the January 20, 2021 is a hard deadline for Plaintiffs' Motion for Class Certification and the Court does not anticipate extending the deadline unless extenuating circumstances arise. (Court Reporter LC.) (DS, ilcd)
|
|
Filing 47
STATUS REPORT Regarding Class Certification Schedule (JOINT) by Patricia Davis, Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Melissa Ward, Harley Williams, Mary Willliams. (Schork, Erich)
|
|
Filing 46
ANSWER to #21 Amended Complaint Hy-Vee, Inc.'s Answer And Affirmative Defenses To Plaintiffs' Consolidated Second Amended Complaint by Hy-Vee, Inc..(Boelen, Maria)
|
|
Filing 45
ORDER entered by Judge Michael M. Mihm on 5/1/20. The parties stipulate that Defendant has until May 13, 2020 to file an Answer to the remaining causes of action alleged in Plaintiffs' Consolidated Second Amended Class Action Complaint #21 . SEE FULL WRITTEN ORDER. (FDS, ilcd)
|
|
Filing 44
STIPULATION -- Joint Stipulation and [Proposed] Order Regarding Deadline to File Answer by Patricia Davis, Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Melissa Ward, Harley Williams, Mary Willliams.. (Ferich, Andrew)
|
|
Filing 43
STIPULATED PROTECTIVE ORDER entered by Judge Michael M. Mihm on 4/29/20. SEE FULL WRITTEN ORDER. (FDS, ilcd)
|
|
Filing 42
MOTION for Protective Order -- Stipulated Protective Order by Plaintiffs Patricia Davis, Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Melissa Ward, Harley Williams, Mary Willliams. Responses due by 5/12/2020 (Johns, Benjamin)
|
|
Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present via telephone by attorneys Ben Barnow, Cornelius Dukelow, Erich Schork, Andrew Ferich and Benjamin Johns for the Plaintiff and George Tzanetopoulos, John Heil, Maria Boelen and Paul Karlsgodt for the Defendant for Status Conference held on 4/24/2020. Discussion held regarding question of class certification. Parties are to meet and confer and file within 21 days a pleading regarding discovery that is agreed upon and the specific points that are not agreed upon. A Status Conference will be held on Wednesday, May 20, 2020 at 10:00 AM by telephone from Peoria before Judge Michael M. Mihm to set a discovery schedule related to class certification. COUNSEL ARE TO PHONE INTO CONFERENCE by calling 571-353-2300 and then enter 007395538#. Please announce your name each time prior to speaking unless the Judge asks a question directly to you so that the speaker may be identified by all. Discussion held regarding appointment of class counsel. (Court Reporter JJ.) (JS, ilcd)
|
|
TEXT ORDER Entered by Judge Michael M. Mihm on 4/24/2020 unreferring this case to Magistrate Judge Jonathan E. Hawley as the pre-trial matters, including discovery, will be handled by the presiding judge. (TK, ilcd)
|
|
TEXT ONLY ORDER re Status Conference set for Friday, 4/24/2020 at 10:00 AM. COUNSEL ARE TO PHONE INTO CONFERENCE by calling 571-353-2300 and then enter 007395538#. Please announce your name each time prior to speaking unless the Judge asks a question directly to you so that the speaker may be identified by all. Entered by Judge Michael M. Mihm on 4/21/2020. (MNS, ilcd)
|
|
TEXT ONLY ORDER: A Status Conference is set for Friday, 4/24/2020 at 10:00 AM by telephone from Peoria (court will place call) before Judge Michael M. Mihm to address class certification under Federal Rule of Civil Procedure 23(c)(1). If counsel are to be reached at a number different than what is listed on the docket sheet, they are directed to contact Judge Mihm's chambers prior to the date of the Status Conference and confirm the phone number where they may be reached for the call. Entered by Judge Michael M. Mihm on 4/21/2020. (MNS, ilcd)
|
|
Filing 41
ORDER AND OPINION entered by Judge Michael M. Mihm on 4/20/20. Defendant's Motion to Dismiss #31 is GRANTED IN PART and DENIED IN PART. Amended Pleadings due by 5/11/2020. SEE FULL WRITTEN ORDER. (FDS, ilcd)
|
|
Filing 40
REPLY to Response to Motion re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Consolidated Second Amended Class Action Complaint filed by Defendant Hy-Vee, Inc.. (JS, ilcd)
|
|
Filing 39
CERTIFICATE OF SERVICE by Hy-Vee, Inc. re #38 MOTION for Leave to File Excess Pages Unopposed Motion For Leave To File Overlength Reply Brief In Support Of Its Motion To Dismiss (Boelen, Maria)
|
|
TEXT ORDER granting #38 Motion for Leave to File Excess Pages. Defendant has requested the Court grant him leave to file a Reply Brief that exceeds five (5) pages in Support of its Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint. The Motion indicates that Plaintiffs have no objection. Finding that good cause has been shown, the Court GRANTS Defendant's #38 Motion for Leave to File Excess Pages. Defendant is ALLOWED to file its Reply Brief no longer than eleven (11) pages. The Clerk of the Court is ORDERED to make [38-1] Exhibit A, Defendant's Reply Brief, part of the record.Entered by Judge Michael M. Mihm on 3/17/2020. (NRL, ilcd)
|
|
Filing 38
MOTION for Leave to File Excess Pages Unopposed Motion For Leave To File Overlength Reply Brief In Support Of Its Motion To Dismiss by Defendant Hy-Vee, Inc.. Responses due by 3/30/2020 (Attachments: #1 Exhibit A)(Boelen, Maria)
|
|
Filing 37
CERTIFICATE OF SERVICE by Patricia Davis re #35 Notice of Appearance of Attorney Shpetim Ademi (Ademi, Shpetim)
|
|
Filing 36
MEMORANDUM in Opposition re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Consolidated Second Amended Class Action Complaint filed by Plaintiffs Patricia Davis, Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Melissa Ward, Harley Williams, Mary Willliams. (Johns, Benjamin)
|
|
Filing 35
NOTICE of Appearance of Attorney by Shpetim Ademi on behalf of Patricia Davis (Ademi, Shpetim) Modified on 3/2/2020 to correct Atty's name(JRK, ilcd).
|
|
Filing 34
CERTIFICATE OF SERVICE by Patricia Davis, Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Melissa Ward, Harley Williams, Mary Willliams re #33 Notice of Appearance of Attorney, Alex M. Kashurba (Kashurba, Alex)
|
|
Filing 33
NOTICE of Appearance of Attorney by Alex M Kashurba on behalf of Patricia Davis, Elizabeth Davis-Berg, Cheryl Ellingson, Gordon Grewing, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Melissa Ward, Harley Williams, Mary Willliams (Kashurba, Alex)
|
|
Filing 32
NOTICE of Appearance of Attorney by William B Federman on behalf of Gordon Grewing (Federman, William)
|
|
Filing 31
MEMORANDUM in Support re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Consolidated Second Amended Class Action Complaint filed by Defendant Hy-Vee, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Boelen, Maria)
|
|
Filing 30
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Consolidated Second Amended Class Action Complaint by Defendant Hy-Vee, Inc.. Responses due by 2/14/2020 (Attachments: #1 Exhibit A, #2 Exhibit B)(Boelen, Maria)
|
|
TEXT ORDER granting #28 Motion for Leave to File Excess Pages. Defendant has requested the Court grant him leave to file a Memorandum of Law in Support of its Motion to Dismiss Consolidated Second Amended Class Action Complaint that exceeds 15 pages. The Motion indicates that Plaintiffs have no objection and also requests that they have the same relief. Finding that good cause has been shown, the Court GRANTS Defendant's #28 Motion for Leave to File Excess Pages. Defendant is ALLOWED to file its Memorandum of Law in Support of Hy-Vee, Inc.'s Motion to Dismiss, no longer than 30 pages. Plaintiffs are also ALLOWED to file their Response in Opposition to Hy-Vee, Inc.'s Motion to Dismiss, no longer than 30 pages. Entered by Judge Michael M. Mihm on 1/31/2020. (NRL, ilcd)
|
|
Filing 29
NOTICE of Appearance of Attorney by George J Tzanetopoulos on behalf of Hy-Vee, Inc. (Tzanetopoulos, George)
|
|
Filing 28
MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File Overlength Memorandum of Law in Support of Its Motion to Dismiss by Defendant Hy-Vee, Inc.. Responses due by 2/12/2020 (Boelen, Maria)
|
|
Filing 27
NOTICE of Appearance of Attorney by Emily Jane Perkins on behalf of Hy-Vee, Inc. (Perkins, Emily)
|
|
Filing 26
NOTICE of Appearance of Attorney by John P Heil, Jr on behalf of Hy-Vee, Inc. (Heil, John)
|
|
Filing 25
NOTICE of Appearance of Attorney by Paul G Karlsgodt on behalf of Hy-Vee, Inc. (Karlsgodt, Paul)
|
|
Filing 24
NOTICE of Appearance of Attorney by Ben Barnow on behalf of Patricia Davis, Melissa Ward (Barnow, Ben) (Main Document 24 replaced on 1/3/2020) (TK, ilcd).
|
|
Filing 23
NOTICE of Appearance of Attorney by Erich P Schork on behalf of Patricia Davis, Melissa Ward (Schork, Erich) (Main Document 23 replaced on 1/3/2020) (TK, ilcd).
|
|
Filing 22
NOTICE of Appearance of Attorney by Anthony Lee Parkhill on behalf of Patricia Davis, Melissa Ward (Parkhill, Anthony) (Main Document 22 replaced on 1/3/2020) (TK, ilcd).
|
|
Filing 21
AMENDED COMPLAINT against Hy-Vee, Inc., filed by Angela Trang, Melanie Savoie, Harley Williams, Dustin Murray, Cheryl Ellingson, Noreen Perdue, Elizabeth Davis-Berg, Mary Willliams. (Attachments: #1 A)(Johns, Benjamin)
|
|
Filing 20
MDL Remark: (Re: #9 Notice of Motion) - ORDER DEEMING MOTION WITHDRAWN (6 in ILC/1:19-cv-01330, #8 in MDL No. 2926, 5 in MOW/4:19-cv-00928, 5 in WIW/3:19-cv-00941), ( #1 in MDL No. 2926). THIS MDL IS CLOSED. Signed by Clerk of the Panel John W. Nichols on 12/9/2019. Associated Cases: MDL No. 2926, ILC/1:19-cv-01330, MOW/4:19-cv-00928, WIW/3:19-cv-00941 (SM) (TK, ilcd)
|
|
Filing 19
JOINT STIPULATION AND ORDER by Magistrate Judge Jonathan E. Hawley. Court adopts the schedule proposed in the stipulation #18 . Second Amended Complaint due by 12/31/2019. Answer due on or before 1/31/2020. If a Motion is filed in answer to the Second Amended Complaint, Pltf response due by 2/28/2020. Reply due by 3/16/2020. Entered on 12/17/19. (WG, ilcd)
|
|
Filing 18
STIPULATION -- Joint Stipulation and [Proposed] Order Regarding Briefing Schedule by Elizabeth Davis-Berg, Cheryl Ellingson, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Harley Williams, Mary Willliams.. (Ferich, Andrew)
|
|
Filing 17
ORDER granting #14 Plaintiffs' Unopposed Motion for Appointment of Interim Co-Lead Class Counsel Pursuant to Fed. R. Civ. P. 23(g) and Creation of a Plaintiffs' Steering Committee. Entered by Magistrate Judge Jonathan E. Hawley on 12/11/2019. (KZ, ilcd)
|
|
Filing 16
AFFIDAVIT re #14 MOTION to Appoint Interim Co-Lead Class Counsel DECLARATION OF BENJAMIN F. JOHNS IN SUPPORT OF MOTION TO APPOINT INTERIM CO-LEAD CLASS COUNSEL by Elizabeth Davis-Berg, Cheryl Ellingson, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Harley Williams, Mary Willliams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shamberg, Kyle)
|
|
Filing 15
MEMORANDUM OF LAW re #14 MOTION to Appoint Interim Co-Lead Class Counsel by Elizabeth Davis-Berg, Cheryl Ellingson, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Harley Williams, Mary Willliams. (Attachments: #1 Text of Proposed Order)(Shamberg, Kyle)
|
|
Filing 14
MOTION to Appoint Interim Co-Lead Class Counsel by Plaintiffs Elizabeth Davis-Berg, Cheryl Ellingson, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Harley Williams, Mary Willliams. Responses due by 12/24/2019 (Shamberg, Kyle)
|
|
Filing 13
CERTIFICATE OF SERVICE by Elizabeth Davis-Berg, Cheryl Ellingson, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Harley Williams, Mary Willliams re #11 Notice of Appearance of Attorney Andrew W. Ferich (Ferich, Andrew)
|
|
Filing 12
CERTIFICATE OF SERVICE by Elizabeth Davis-Berg, Cheryl Ellingson, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Harley Williams, Mary Willliams re #10 Notice of Appearance of Attorney Benjamin F. Johns (Johns, Benjamin)
|
|
Filing 11
NOTICE of Appearance of Attorney by Andrew W Ferich on behalf of Elizabeth Davis-Berg, Cheryl Ellingson, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Harley Williams, Mary Willliams (Ferich, Andrew)
|
|
Filing 10
NOTICE of Appearance of Attorney by Benjamin F Johns on behalf of Elizabeth Davis-Berg, Cheryl Ellingson, Dustin Murray, Noreen Perdue, Melanie Savoie, Angela Trang, Harley Williams, Mary Willliams (Johns, Benjamin)
|
|
Filing 9
NOTICE of filing of "Plaintiff Gordon Grewing's Motion to Consolidate and Transfer Actions to the District of Kansas Under 28 U.S.C. 1407," before the United States Judicial Panel on Multidistrict Litigation. (Attachments: #1 Memorandum, #2 Exhibit, #3 Exhibit)(TK, ilcd)
|
|
Filing 8
AMENDED COMPLAINT (FIRST) against Hy-Vee, Inc., filed by Noreen Perdue, Dustin Murray.(Shamberg, Kyle)
|
|
Filing 7
ORDER by Magistrate Judge Jonathan E. Hawley: Court adopts the schedule set forth in the parties #5 Stipulation. Amended Pleadings due by 11/25/2019. Responsive pleading due by 1/6/20. Motion directed at the first amended complaint to be filed by 2/5/20 and responses to that motion due by 2/20/20. Entered on 10/31/19. (WG, ilcd)
|
|
Filing 6
NOTICE of Appearance of Attorney by Maria Ann Boelen on behalf of Hy-Vee, Inc. (Boelen, Maria)
|
|
Filing 5
STIPULATION Joint Stipulation and [Proposed] Order Regarding Briefing Schedule by Hy-Vee, Inc... (Boelen, Maria)
|
|
Filing 4
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Hy-Vee, Inc.. (Boelen, Maria)
|
|
Filing 3
SUMMONS Returned Executed by Noreen Perdue, Dustin Murray. Hy-Vee, Inc. served on 10/22/2019, answer due 11/12/2019. (Shamberg, Kyle)
|
|
Filing 2
Summons Issued as to Hy-Vee, Inc and returned to Atty Shamburg for service. (JRK, ilcd)
|
|
Filing 1
COMPLAINT (CLASS ACTION) against Hy-Vee, Inc. ( Filing fee $ 400 receipt number 0753-3218789.), filed by Noreen Perdue, Dustin Murray. (Attachments: #1 Civil Cover Sheet)(Shamberg, Kyle)
|
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 Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
