Smith et al v. Family Video Movie Club, Inc.
| Erin Box, Natalie Hodorovych, Darvette Smith and Blake Brezinsky |
| Family Video Movie Club, Inc. |
| 1:2011cv01773 |
| March 14, 2011 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| John Z Lee |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on February 26, 2018. A more recent docket listing may be available from PACER.
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Filing 511
ORDER granting final approval of class and collective action settlement and awarding costs and service awards Signed by the Honorable John Z. Lee on 2/26/18.Mailed notice(ca, ).
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Filing 510
MINUTE entry before the Honorable John Z. Lee: Final approval hearing held on 1/30/18. For the reasons stated on the record, Plaintiffs unopposed motion for attorneys' fees, recovery of out-of-pocket costs, and service awards #500 is granted. Plaintiff's unopposed motion for preliminary approval of class and collective action settlement #504 is granted. The parties should submit a revised final order to the proposed order mailbox and contact the courtroom deputy when they have done so. This case is dismissed with prejudice with each side to bear their own fees and costs. Civil case terminated. Mailed notice (ca, )
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Filing 509
ATTORNEY Appearance for Defendant Family Video Movie Club, Inc. by Bonnie Keane DelGobbo (DelGobbo, Bonnie)
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Filing 508
DECLARATION of Kelly Kratz regarding memorandum in support of motion, #506 , motion for settlement #504 (Attachments: #1 Exhibit A, Class Notice Packet, #2 Exhibit B, Requests for Exclusion, #3 Certificate of Service)(Berger, David)
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Filing 507
Amended NOTICE of Motion by David Berger for presentment of motion for settlement #504 before Honorable John Z. Lee on 1/30/2018 at 11:00 AM. (Berger, David)
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Filing 506
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith in support of motion for settlement #504 Approval of Class and Collective Action Settlement (Final Unopposed) (Attachments: #1 Declaration of David M. Berger in Support of Unopposed Motion for Final Approval of Class and Collective Action Settlement, #2 Text of Proposed Order)(Berger, David)
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Filing 505
NOTICE of Motion by David Berger for presentment of motion for settlement #504 before Honorable John Z. Lee on 1/22/2018 at 09:00 AM. (Berger, David)
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Filing 504
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for settlement Approval of Class and Collective Action Settlement (Final Unopposed) (Berger, David)
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Filing 503
MINUTE entry before the Honorable John Z. Lee:Plaintiff's unopposed motion for attorney fees #500 is entered and continued for 1/30/18 at 11:00 a.m. No appearance is required on 12/12/17.Mailed notice (ca, )
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Filing 502
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith in support of motion for attorney fees #500 , Out-Of-Pocket Costs, and Service Awards (Unopposed) (Attachments: #1 Declaration of David M. Berger in Support of Plaintiffs' Unopposed Motion for Attorneys' Fees, Costs, and Service Awards, #2 Exhibit A to Berger Declaration, #3 Proposed Order)(Berger, David)
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Filing 501
NOTICE of Motion by David Berger for presentment of motion for attorney fees #500 before Honorable John Z. Lee on 12/12/2017 at 09:00 AM. (Berger, David)
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Filing 500
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for attorney fees , Out-Of-Pocket Costs, and Service Awards (Unopposed) (Berger, David)
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Filing 499
SCHEDULING ORDER Signed by the Honorable John Z. Lee on 10/2/17. Mailed notice(ca, )
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Filing 498
MINUTE entry before the Honorable John Z. Lee:Minute order #496 is amended. Plaintiff's shall provide Settlement Administrator and Defense with damages calculations by 10/5/17; Defendants shall provide class members last known addresses to Settlement Administrator by 10/20/17; Notice and Class Member Information Forms sent ("Notice Date") by 11/3/17; Plaintiffs to file motion for attorneys fees, costs, and enhancement awards by 11/29/17; Deadline to Object or Opt Out shall be 12/13/2018; Plaintiff's Motion for Final Settlement Approval shall be due by 1/17/2018; The deadline for the Settlement Administrator to provided declaration of due diligence and proof of issuing Notice and Class Member Information Forms shall be 1/24/18. Final Fairness hearing is scheduled for 1/30/18 at 11:00 a.m. Enter scheduling order.Mailed notice (ca, )
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Filing 497
ORDER granting preliminary approval of class and collective action settlement Signed by the Honorable John Z. Lee on 9/28/17.Mailed notice(ca, )
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Filing 496
MINUTE entry before the Honorable John Z. Lee: Motion hearing held 9/28/17. For the reasons stated on the record, Plaintiffs unopposed amended motion for preliminary approval of class and collective action settlement #492 is granted. The final approval hearing is scheduled for 1/30/18 at 11:00 a.m. The parties should submit the proposed order and contact the courtroom deputy when they have done so.Mailed notice (ca, )
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Filing 495
MINUTE entry before the Honorable John Z. Lee:The motion hearing #492 set for 9/28/17 at 9:00 a.m. is reset to 9/28/17 at 10:00 a.m.Mailed notice (ca, )
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Filing 494
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith in support of motion for settlement #492 Preliminary Approval of Class and Collective Action (Unopposed Amended) (Attachments: #1 Exhibit 1, Settlement Agreement, #2 Exhibit A, Notice of Proposed Settlement of Class Action and Collective Action Lawsuit and Fairness Hearing, #3 Exhibit B, Class Member Information Form, #4 Exhibit C, Proposed Order Granting Preliminary Approval of Class and Collective Action Settlement, #5 Exhibit 2, Declaration of David Berger, #6 Exhibit 3, Declaration of Darvette Smith, #7 Exhibit 4, Declaration of Natalie Hodorovych, #8 Exhibit 5, Declaration of Blake Brezinsky, #9 Exhibit 6, Declaration of Erin Box)(Berger, David)
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Filing 493
NOTICE of Motion by David Berger for presentment of motion for settlement #492 before Honorable John Z. Lee on 9/28/2017 at 09:00 AM. (Berger, David)
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Filing 492
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for settlement Preliminary Approval of Class and Collective Action (Unopposed Amended) (Berger, David)
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Filing 491
MINUTE entry before the Honorable John Z. Lee: Agreed motion to extend the deadline to file amended motion for preliminary approval of class and collective action settlement until 9/27/17 #489 is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 490
NOTICE of Motion by Joel Griswold for presentment of motion for extension of time to file #489 before Honorable John Z. Lee on 9/27/2017 at 09:00 AM. (Griswold, Joel)
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Filing 489
MOTION by Defendant Family Video Movie Club, Inc. for extension of time to file amended motion for preliminary approval of class and collective action settlement [AGREED] (Griswold, Joel)
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Filing 488
MINUTE entry before the Honorable John Z. Lee:Status and motion hearing held on 9/1/17. For the reasons stated in open court, Plaintiffs unopposed motion for preliminary approval of the class and collective action #484 is denied without prejudice. Plaintiffs amended motion shall be filed by 9/22/17. Mailed notice. (rbf, )
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Filing 487
MINUTE entry before the Honorable John Z. Lee:The status and motion hearing #484 set for 8/31/17 are reset to 9/1/17 at 9:15 a.m.Mailed notice (ca, )
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Filing 486
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith in support of motion for settlement #484 Preliminary Approval of Class and Collective Action (Unopposed) (Attachments: #1 Exhibit 1, Settlement Agreement, #2 Exhibit A, Notice of Proposed Settlement of Class Action and Collective Action Lawsuit and Fairness Hearing, #3 Exhibit B, Class Member Information Form, #4 Exhibit C, Proposed Order Granting Preliminary Approval of Class and Collective Action Settlement, #5 Exhibit 2, Declaration of David Berger, #6 Exhibit 3, Declaration of Darvette Smith, #7 Exhibit 4, Declaration of Natalie Hodorovych, #8 Exhibit 5, Declaration of Blake Brezinsky, #9 Exhibit 6, Declaration of Erin Box)(Berger, David)
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Filing 485
NOTICE of Motion by David Berger for presentment of motion for settlement #484 before Honorable John Z. Lee on 8/31/2017 at 09:15 AM. (Berger, David)
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Filing 484
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for settlement Preliminary Approval of Class and Collective Action (Unopposed) (Berger, David)
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Filing 483
MINUTE entry before the Honorable John Z. Lee: By agreement of the parties, the status hearing set for 8/24/17 is reset to 8/31/17 at 9:15 a.m.Mailed notice (ca, )
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Filing 482
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 7/20/17. Joint motion to extend the deadline to file a motion for preliminary approval and reset status hearing dates #480 is granted. The motion for preliminary approval shall be due by 8/10/17 and should be noticed up for presentment on 8/24/17. Status hearing set for 8/24/17 at 9:00 a.m. Mailed notice (ca, )
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Filing 481
Joint NOTICE of Motion by Eric H Gibbs for presentment of extension of time #480 before Honorable John Z. Lee on 7/20/2017 at 09:00 AM. (Gibbs, Eric)
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Filing 480
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for extension of time Joint Motion to Extend the Deadline to File a Motion for Preliminary Approval and Reset Status Hearing Dates (Gibbs, Eric)
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Filing 479
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 7/13/17 is reset to 7/20/17 at 9:00 a.m.Mailed notice (ca, )
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Filing 478
MINUTE entry before the Honorable John Z. Lee:Unopposed motion to extend the deadline to file a motion for preliminary approval and reset the status hearing date #476 is granted. The motion for preliminary approval shall be due by 7/10/17. The status hearing set for 6/8/17 is reset to 7/13/17 at 9:00 a.m. No appearance is required on the motion.Mailed notice (ca, )
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Filing 477
Unopposed NOTICE of Motion by Eric H Gibbs for presentment of extension of time #476 before Honorable John Z. Lee on 6/8/2017 at 09:00 AM. (Gibbs, Eric)
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Filing 476
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for extension of time Unopposed Motion to Extend the Deadline to File a Motion for Preliminary Approval and Reset Status Hearing Date (Gibbs, Eric)
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Filing 475
MINUTE entry before the Honorable John Z. Lee:Agreed motion to extend the deadline to file a motion for preliminary approval and reset the status hearing date #473 is granted. The motion for preliminary approval shall be due by 6/5/17. The status hearing set for 4/26/17 is reset to 6/8/17 at 9:00 a.m. No appearance is required on the motion.Mailed notice (ca, )
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Filing 474
NOTICE of Motion by Joel Griswold for presentment of motion for extension of time to file #473 before Honorable John Z. Lee on 4/26/2017 at 09:00 AM. (Griswold, Joel)
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Filing 473
MOTION by Defendant Family Video Movie Club, Inc. for extension of time to file a motion for preliminary approval and reset status hearing date (AGREED) (Griswold, Joel)
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Filing 472
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 3/21/17. The parties report that they are working to identify the class members and have had settlement negotiations. If the parties are able to arrive at a settlement, a motion for preliminary approval should be filed by 4/21/17. Status hearing set for 4/26/17 at 9:00 a.m. Mailed notice (ca, )
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Filing 471
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 3/21/17 at 11:00 a.m. is reset to 3/21/17 at 10:30 a.m. Mailed notice (ca, )
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Filing 470
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 2/16/17. Plaintiff's counsel is directed to provide Defendant's counsel with a class list and the parties are to meet and confer about the list within the next 30 days. Status hearing set for 3/21/17 at 11:00 a.m. Mailed notice (ca, )
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Filing 469
MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 2/13/17.Mailed notice(ca, )
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Filing 468
MINUTE entry before the Honorable John Z. Lee:For the reasons stated in the memorandum opinion and order, Family Video's motion in limine to exclude the Time Study #453 is granted in part and denied in part. Plaintiffs are hereby barred under Rule 407 from using the Time Study to determine which individuals are eligible for class membership under the class definitions or to otherwise prove Family Video's liability. In all other respects, Family Videos motion is denied. [For further details see memorandum opinion and order]. Mailed notice (ca, )
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Filing 467
MINUTE entry before the Honorable John Z. Lee:By agreement of the parties, the status hearing set for 1/26/17 is reset to 2/16/17 at 9:00 a.m.Mailed notice (ca, )
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Filing 466
REPLY by Defendant Family Video Movie Club, Inc. to memorandum in opposition to motion #464 in Limine to Exclude "Time Study" (Griswold, Joel)
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Filing 465
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 11/21/16. Status hearing set for 1/26/17 at 9:00 a.m. Mailed notice (ca, )
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Filing 464
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith in Opposition to motion in limine #453 to Exclude "Time Study" (Berger, David)
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Filing 463
MINUTE entry before the Honorable John Z. Lee:Plaintiff's motion for leave to file documents under seal #458 is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 462
SEALED EXHIBIT by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Declaration of David M. Berger and Exhibits A-D in Support of Status Report regarding reply, #460 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gibbs, Eric)
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Filing 461
SEALED REPLY by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to reply, #460 (Gibbs, Eric)
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Filing 460
REPLY by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to status report #451 Plaintiffs' Reply in Support of Status Report Re: Sampling of Bank Deposit Class Damages (Attachments: #1 Declaration of David M. Berger in Support of Status Report, #2 Exhibit E to Berger Declaration, #3 Exhibit F to Berger Declaration)(Berger, David)
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Filing 459
NOTICE of Motion by David Berger for presentment of motion to seal #458 before Honorable John Z. Lee on 11/15/2016 at 09:00 AM. (Berger, David)
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Filing 458
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to seal Plaintiffs' Motion for Leave to File Documents Under Seal (Berger, David)
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Filing 457
MINUTE entry before the Honorable John Z. Lee:Plaintiff's response to Family Video's motion in limine to exclude "Time Study" #453 shall be due by 11/17/16; reply due by 12/1/16. No appearance is required on the motion.Mailed notice (ca, )
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Filing 456
MEMORANDUM status report #451 by Family Video Movie Club, Inc. Opposition to Plaintiffs' Methodology and to Continued Certification of Plaintiffs' Classes (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G - PART 1, #8 Exhibit G - PART 2, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O)(Griswold, Joel)
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Filing 455
MEMORANDUM by Family Video Movie Club, Inc. in support of motion in limine #453 to exclude the "time study" (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)(Griswold, Joel)
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Filing 454
NOTICE of Motion by John Conlaeth McIlwee for presentment of motion in limine #453 before Honorable John Z. Lee on 11/1/2016 at 09:00 AM. (McIlwee, John)
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Filing 453
MOTION by Defendant Family Video Movie Club, Inc.in limine to exclude the "Time Study" (McIlwee, John)
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Filing 452
TRANSCRIPT OF PROCEEDINGS held on 10/5/2016 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/10/2016. Redacted Transcript Deadline set for 11/21/2016. Release of Transcript Restriction set for 1/18/2017. (Roth, Alexandra)
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Filing 451
STATUS Report re: Sampling of Class Damages by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (Berger, David)
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Filing 450
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 10/5/16. Plaintiff is directed to file the status report discussed in open court on the docket. Defendant's response to the analysis on the status report is due by 10/26/16; reply due by 11/9/16. Status hearing set for 11/21/16 at 10:00 a.m. Mailed notice (ca, )
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Filing 449
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 10/5/16 at 1:00 p.m. is reset to 10/5/16 at 2:00 p.m.Mailed notice (ca, )
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Filing 448
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 9/1/16. For the reasons stated on the record, plaintiffs' motion for clarification of class certification orders #436 is denied. That said, the Court believes that it is necessary to amend the definitions of the two classes that were certified in its November 19, 2016, order as follows. The "Commission Class" shall be defined as "all current and former employees of Family Video retail stores in Illinois who were paid on an hourly basis and who, according to Family Video's records, worked more than 40 hours in a workweek without receiving applicable overtime premiums that included commission pay from March 14, 2008, through March 14, 2011." The "Bank Deposit Class" shall be defined as "all current and former employees of Family Video retail stores in Illinois who were paid on an hourly basis, worked more than 40 hours in a workweek (according to Family Videos records), and took Family Video's bank deposits while off-the-clock between March 14, 2008, through March 14, 2011." Furthermore, Plaintiff is directed to review the documents already produced by Family Video with respect to the approximately 700 individuals who have opted in to the FLSA collectively action to determine whether any of them worked between 37 and 40 hours during a workweek (based on Family Video's payroll records) and made bank deposits off-the-clock during that workweek, such that their trips to the bank caused them to work more than 40 hours in that workweek. This information will assist the Court to rule on Plaintiff's request that Family Video produce additional documents in this case. Status hearing set for 10/5/16 at 1:00 p.m. Mailed notice (ca, )
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Filing 447
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 8/23/16 is reset to 9/1/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 446
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 8/17/16 is reset to 8/23/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 445
MINUTE entry before the Honorable Jeffrey Cole:Status hearing date of 7/14/2016 is stricken.Mailed notice (jms, )
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Filing 444
MINUTE entry before the Honorable John Z. Lee:Joint motion regarding expert discovery schedule #441 is granted. The parties should file a revised expert discovery schedule with specific dates within one week of the Courts ruling on the motion for clarification. The status hearing set for 6/23/16 is reset to 8/17/16 at 9:00 a.m. No appearance is required on the motion.Mailed notice (ca, )
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Filing 443
RESPONSE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smithin Support of MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to clarify #436 (Berger, David)
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Filing 442
JOINT NOTICE of Motion by David Berger for presentment of extension of time #441 before Honorable John Z. Lee on 6/14/2016 at 09:00 AM. (Berger, David)
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Filing 441
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for extension of time and Joint Proposed Expert Discovery Schedule (Berger, David)
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Filing 440
TRANSCRIPT OF PROCEEDINGS held on 5/26/2016 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/24/2016. Redacted Transcript Deadline set for 7/4/2016. Release of Transcript Restriction set for 9/1/2016. (Roth, Alexandra)
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Filing 439
MEMORANDUM by Family Video Movie Club, Inc. in Opposition to motion to clarify #436 (Attachments: #1 Exhibit A)(Griswold, Joel)
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Filing 438
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 5/26/16. Plaintiff's reply to Defendants' response to the motion for clarification is due by 6/10/16. A joint motion with a proposed expert discovery schedule should be filed next week. Status hearing set for 6/23/16 at 9:15 a.m. Mailed notice (ca, )
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Filing 437
MINUTE entry before the Honorable John Z. Lee:Defendant's response to Plaintiffs' motion for clarification of class certification orders #436 is due by 5/27/16; ruling will be by mail. No appearance is required on the motion.Mailed notice (ca, )
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Filing 436
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to clarify (Berger, David)
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Filing 435
NOTICE of Motion by David Berger for presentment of before Honorable John Z. Lee on 5/26/2016 at 09:00 AM. (Berger, David)
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Filing 434
TRANSCRIPT OF PROCEEDINGS held on 3/15/2016 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/10/2016. Redacted Transcript Deadline set for 5/20/2016. Release of Transcript Restriction set for 7/18/2016. (Roth, Alexandra)
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Filing 433
MINUTE entry before the Honorable Jeffrey Cole: Sua sponte, status hearing date of 5/3/2016 is reset for 7/14/2016 at 08:30 AM.Mailed notice (jms, )
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Filing 432
MINUTE entry before the Honorable John Z. Lee: Plaintiff's petition for permission to appeal #415 is moot.Mailed notice (ca, )
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Filing 431
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 3/15/16. The Court addressed Defendant's objections to the proposed class notice on the record. Status hearing set for 5/26/16 at 9:00 a.m. (ca, )
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Filing 430
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 3/15/16 at 9:00 a.m. is reset to 3/15/16 at 10:00 a.m.Mailed notice (ca, )
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Filing 429
Notice of Motion re: Status Report (Supplemental) Re: Proposed Class Notice and Notice Plan NOTICE of Motion by David Berger for presentment of before Honorable John Z. Lee on 3/15/2016 at 09:15 AM. (Berger, David)
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Filing 428
STATUS Report (Supplemental) Re: Proposed Class Notice and Notice Plan by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (Attachments: #1 Exhibit Plaintiffs' Original Proposed Class Notice, #2 Exhibit Defendant's Final Proposed Class Notice, #3 Exhibit Plaintiffs' Final Proposed Class Notice, #4 Exhibit Redline)(Berger, David)
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Filing 427
MINUTE entry before the Honorable Jeffrey Cole: Status hearing held and continued to 5/3/2016 at 08:30 AM. All fact discovery shall be completed by 5/25/2016. Plaintiff shall comply with FRCP 26(a)(2) by 6/30/2015. The depositions of plaintiffs' experts shall be completed by 7/30/2016. Defendant shall comply with FRCP 26(a)(2) by 8/30/2016. The depositions of defendant's experts shall be completed by 9/30/2016. All expert discovery shall be completed by 9/30/2016. Mailed notice (jms, )
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Filing 426
MINUTE entry before the Honorable Jeffrey Cole: The parties' telephonic request to reset the status hearing is granted. Status hearing date of 2/25/2016 is reset for 3/2/2016 at 08:30 AM to set a discovery completion schedule.Mailed notice (jms, )
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Filing 425
Proposed Discovery Schedules by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith filed on Behalf of all Parties (Berger, David)
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Filing 424
MINUTE entry before the Honorable Jeffrey Cole: Status hearing is set for 2/25/2016 at 08:30 AM. The parties are directed to file a proposed discovery schedule by 2/22/2016.Mailed notice (jms, )
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Filing 423
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: Settlement conference and General discovery supervision.(ca, )Mailed notice.
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Filing 422
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 2/9/16. The Seventh Circuit has denied the Rule 23(f) petition, and the stay is lifted. The parties notice and notice plan are due by 3/9/16 and should be noticed up for presentment on 3/15/16 at 9:15 a.m. The parties request a referral to Magistrate Judge Cole for a settlement conference. This case is referred to Judge Cole for a settlement conference and general discovery supervision. Status hearing set for 3/15/16 at 9:15 a.m. Mailed notice (ca, )
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Filing 421
ORDER dated 1/21/16 from the 7th Circuit; Appellate case no. 15-8026: IT IS ORDERED that the petition for permission to appeal is DENIED. (tt, )
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Filing 420
MINUTE entry before the Honorable John Z. Lee: Agreed motion to stay pending resolution of Defendant's Rule 23(f) petition for review #416 is granted. The status hearing set for 1/6/16 is reset to 2/9/16 at 9:00 a.m. No appearance is required on the motion.Mailed notice (ca, )
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Filing 419
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 1/7/16 at 9:00 a.m. is reset to 1/6/16 at 9:00 a.m. to coincide with the motion hearing. Mailed notice (ca, )
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Filing 418
STATUS Report (Joint) Re: Objections to Class Notice by Erin Box, Natalie Hodorovych (Attachments: #1 Exhibit Original Proposed Notice, #2 Exhibit Defendant's Proposed Revisions, #3 Exhibit Plaintiffs' Proposed Revisions, #4 Exhibit Redline of Def's Revisions Against Pls' Revisions)(Berger, David)
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Filing 417
NOTICE of Motion by Joel Griswold for presentment of motion to stay #416 before Honorable John Z. Lee on 1/6/2016 at 09:00 AM. (Griswold, Joel)
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Filing 416
MOTION by Defendant Family Video Movie Club, Inc. to stay Agreed Motion to Stay Pending Resolution of Defendant's Rule 23(f) Petition for Review (Griswold, Joel)
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Filing 415
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for leave to appeal (Attachments: #1 Part 2)(sj, )
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Filing 414
MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 11/19/2015. Mailed notice (ao,)
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Filing 413
MINUTE entry before the Honorable John Z. Lee: Status hearing held. Plaintiff's motion to certify class #387 is granted. A written order will follow. Objections to the proposed class notice are due 12/18/15. Status hearing set for 1/7/16 at 9:00 a.m. Mailed notice (ao,)
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Filing 412
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 11/5/15 is reset to 11/19/15 at 9:15 a.m.Mailed notice (ca, )
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Filing 411
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 10/29/15 is reset to 11/5/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 410
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 9/9/15 is reset to 10/29/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 409
DECLARATION of Eric H. Gibbs regarding reply #408 in support of Renewed Motion for Class Certification (Attachments: #1 Exhibit 1)(Gibbs, Eric)
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Filing 408
REPLY by Plaintiffs Erin Box, Natalie Hodorovych to motion to certify class #387 (Gibbs, Eric)
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Filing 407
MINUTE entry before the Honorable John Z. Lee:Plaintiff's motion for leave to file excess pages #405 is granted in part. Plaintiff may file a reply brief not to exceed twenty pages. No appearance is required on the motion.Mailed notice (ca, )
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Filing 406
NOTICE of Motion by Eric H Gibbs for presentment of motion for leave to file excess pages #405 before Honorable John Z. Lee on 8/25/2015 at 09:00 AM. (Gibbs, Eric)
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Filing 405
MOTION by Plaintiffs Erin Box, Natalie Hodorovych for leave to file excess pages (Gibbs, Eric)
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Filing 404
MINUTE entry before the Honorable John Z. Lee:Plaintiffs' unopposed motion to extend time to file plaintiff's reply brief #402 is granted; Plaintiffs' reply brief is due 8/21/15. No appearance is required on the motion.Mailed notice (ca, )
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Filing 403
NOTICE of Motion by Eric H Gibbs for presentment of motion for extension of time to file response/reply, motion for relief #402 before Honorable John Z. Lee on 8/13/2015 at 09:00 AM. (Gibbs, Eric)
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Filing 402
MOTION by Plaintiffs Erin Box, Natalie Hodorovych for extension of time to file response/reply as to motion to certify class #387 (Gibbs, Eric)
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Filing 401
MINUTE entry before the Honorable John Z. Lee:Unopposed motion for leave to file instanter an oversized brief #398 is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 400
NOTICE of Motion by Joel Griswold for presentment of motion for leave to file excess pages #398 before Honorable John Z. Lee on 7/23/2015 at 09:00 AM. (Griswold, Joel)
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Filing 399
APPENDIX motion for leave to file excess pages #398 Instanter - Exhibit A (Attachments: #1 Exhibit 1 - Declaration of Jamie Robinson, #2 Exhibit 2 - Deposition of Boris Moshkovich, #3 Exhibit 3 - Deposition of Howell David Nall, #4 Exhibit 4 - Deposition of Jamie Robinson, #5 Exhibit 5 - Deposition of Erin Box, #6 Exhibit 6 - Declaration of Erin Box, #7 Exhibit 7 - Deposition of Natalie Hodorovych, #8 Exhibit 8 - Declaration of Natalie Hodorovych, #9 Exhibit 9 - Deposition of Cynthia Stier, #10 Exhibit 10 - Deposition of Jerome Naroleski, #11 Exhibit 11 - Deposition of Mireya Rodriguez, #12 Exhibit 12 - Deposition of Katherine Rubin, #13 Exhibit 13 - Declaration of Carrie Blonn, #14 Exhibit 14 - Declaration of Crissie Callear, #15 Exhibit 15 - Declaration of Elliot Forsyth, #16 Exhibit 16 - Declaration of Shelbye Decker, #17 Exhibit 17 - Declaration of Cressa Gordley, #18 Exhibit 18 - Deposition of Eva Dix, #19 Exhibit 19 - Declaration of Bryan Duney, #20 Exhibit 20 - Deposition of David Breshears, #21 Exhibit 21 - Deposition of Melinda Brown, #22 Exhibit 22 - Deposition of Amanda Schroeder, #23 Exhibit 23 - Declaration of Gary Guarin, #24 Exhibit 24 - Timesheets of Natalie Hodorovych, #25 Exhibit 25 - Timesheets of Erin Box, #26 Exhibit 26 - Deposition of David Ramirez, #27 Exhibit 27 - Facebook Solicitation, #28 Exhibit 28 - Deposition of Blake Brezinsky, #29 Exhibit 29 - Declaration of Danielle Coleman, #30 Exhibit 30 - Declaration of Samantha Alfaro, #31 Exhibit 31 - Declaration of Holly Eilers, #32 Exhibit 32 - Deposition of Christopher Corrie, #33 Exhibit 33 - Declaration of Alex Bullington, #34 Exhibit 34 - Unreported Cases, #35 Exhibit 35 - Ervin v OS Restaurant Docket Entries)(Griswold, Joel)
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Filing 398
MOTION by Defendant Family Video Movie Club, Inc. for leave to file excess pages Instanter (Attachments: #1 Exhibit A - Oversized Brief)(Griswold, Joel)
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Filing 397
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 6/17/15. Plaintiffs' motion for leave to file documents under seal #385 is granted without objection. Defendants response to plaintiffs' renewed motion for class certification #387 is due by 7/17/15; reply due by 8/14/15. Status hearing set for 9/9/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 396
MINUTE entry before the Honorable John Z. Lee: The status and motion hearing #385 #387 set for 6/11/15 is reset to 6/17/15 at 9:00 a.m. Mailed notice (ca, )
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Filing 395
ORDER: Defendant Family Video Movie Club, Inc. ("Family Video") moves for an interlocutory appeal of this Court's March 31, 2015, Memorandum Opinion and Order granting in part and denying in part Family Videos motion to decertify Plaintiffs collective action under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"). Specifically, Family Video seeks interlocutory review under 28 U.S.C. 1292(b) as to whether Espenscheid v. DirectSat USA, LLC, 705 F.3d 770 (7th Cir. 2013), mandates that a district court employ the requirements for class actions set forth in Federal Rule of Civil Procedure ("Rule") 23 in order to determine whether individuals can bring a collective action under the FLSA. For the reasons provided herein, the Court denies Family Video's motion #377 . [For further details see order.] Signed by the Honorable John Z. Lee on 6/9/15. Mailed notice(ca, )
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Filing 394
MINUTE entry before the Honorable John Z. Lee: Motion for leave to appear pro hac vice by David Berger #393 is granted.Mailed notice (ca, )
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Filing 393
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10707790. (Attachments: #1 Supplement Attachment A)(Berger, David)
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Filing 392
MINUTE entry before the Honorable John Z. Lee:The status and motion hearing #385 #387 previously set for 5/28/15 is reset to 6/11/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 391
NOTICE of Motion by Eric H Gibbs for presentment of motion to certify class #387 before Honorable John Z. Lee on 5/28/2015 at 09:00 AM. (Gibbs, Eric)
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Filing 390
DECLARATION of Eric H. Gibbs regarding sealed document #389 , memorandum in support of motion #388 (Attachments: #1 Exhibit Proposed Notice, #2 Exhibit Firm Resume, #3 Exhibit Firm Resume, #4 Exhibit Cases)(Gibbs, Eric)
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Filing 389
SEALED DOCUMENT by Plaintiffs Erin Box, Natalie Hodorovych [Unredacted] Memorandum of Law in Support of Plaintiffs' Motion for Class Certification (Gibbs, Eric)
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Filing 388
MEMORANDUM by Erin Box, Natalie Hodorovych in support of motion to certify class #387 [Redacted] (Gibbs, Eric)
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Filing 387
MOTION by Plaintiffs Erin Box, Natalie Hodorovych to certify class (Gibbs, Eric)
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Filing 386
NOTICE of Motion by Eric H Gibbs for presentment of motion for leave to file #385 before Honorable John Z. Lee on 5/28/2015 at 09:00 AM. (Gibbs, Eric)
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Filing 385
MOTION by Plaintiffs Erin Box, Natalie Hodorovych for leave to file Documents Under Seal (Gibbs, Eric)
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Filing 384
REPLY by Defendant Family Video Movie Club, Inc. to motion for certificate of appealability #377 , memorandum in support of motion #378 , response in opposition to motion, #383 (Griswold, Joel)
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Filing 383
RESPONSE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smithin Opposition to MOTION by Defendant Family Video Movie Club, Inc. for certificate of appealability #377 (Attachments: #1 Exhibit Exhibit 1 - Cases from Electronic Databases)(Gibbs, Eric)
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Filing 382
NOTICE by Elizabeth A. Fegan of Change of Address (Fegan, Elizabeth)
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Filing 381
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 4/21/15. Plaintiff's response in opposition to Defendant's motion for certification for interloculatory appeal #377 is due by 5/5/15; Defendant's reply in support of their motion is due by 5/19/15. To the extent that Plaintiff intends to file a renewed motion for class certification of the state law claims, Plaintiff's renewed motion is due by 5/22/15 and should be noticed up for presentment the following week. Status hearing set for 5/28/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 380
MINUTE entry before the Honorable John Z. Lee: Status hearing set for 4/21/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 379
NOTICE of Motion by Joel Griswold for presentment of motion for certificate of appealability #377 before Honorable John Z. Lee on 4/21/2015 at 09:00 AM. (Griswold, Joel)
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Filing 378
MEMORANDUM by Family Video Movie Club, Inc. in support of motion for certificate of appealability #377 (Attachments: #1 Exhibit Exhibit 1 - Cases From Electronic Databases)(Griswold, Joel)
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Filing 377
MOTION by Defendant Family Video Movie Club, Inc. for certificate of appealability (Griswold, Joel)
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Filing 376
MEMORANDUM Opinion and Order: The Court grants in part and denies in part Defendant's motion to decertify #327 . [For further details see order]- Signed by the Honorable John Z. Lee on 3/31/2015. Mailed notice(np, )
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Filing 375
MEMORANDUM Opinion and Order: The Court denies Defendant's motion in limine to preclude Plaintiffs' expert #358 . [For further details see order] - Signed by the Honorable John Z. Lee on 3/31/2015. Mailed notice (np, )
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Filing 374
MINUTE entry before the Honorable John Z. Lee:Motion to withdraw as attorney #372 is granted, attorney Matthew George is granted leave to withdraw his appearance. No appearance is required on the motion. Mailed notice (ca, )
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Filing 373
NOTICE of Motion by Matthew B. George for presentment of motion to withdraw as attorney #372 before Honorable John Z. Lee on 2/5/2015 at 09:00 AM. (George, Matthew)
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Filing 372
MOTION by counsel for Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to withdraw as attorney (George, Matthew)
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Filing 371
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 1/30/14. Mailed notice (ca, )
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Filing 370
REPLY by Defendant Family Video Movie Club, Inc. to response in opposition to motion, #363 in Limine to Preclude Plaintiffs' Expert (Attachments: #1 Exhibit A - Declaration of Dr. Saad)(Griswold, Joel)
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Filing 369
MINUTE entry before the Honorable John Z. Lee: Plaintiffs' unopposed motion for leave to file documents under seal #361 is granted. No appearance is required on the motion. Mailed notice (ca, )
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Filing 368
SEALED DOCUMENT by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Exhibit 1 to the Declaration of David Breshears regarding response in opposition to motion #363 (George, Matthew)
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Filing 367
DECLARATION of David Breshears regarding response in opposition to motion #363 (Attachments: #1 Exhibit 1 - Redacted)(George, Matthew)
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Filing 366
SEALED DOCUMENT by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Exhibit C to the Declaration of Matthew B. George regarding response in opposition to motion #363 (George, Matthew)
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Filing 365
DECLARATION of Matthew B. George regarding response in opposition to motion #363 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Filed separately under seal, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(George, Matthew)
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Filing 364
SEALED RESPONSE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to response in opposition to motion #363 (George, Matthew)
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Filing 363
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smithin Opposition to MOTION by Defendant Family Video Movie Club, Inc.in limine to Preclude Plaintiff's Expert #358 (REDACTED) (George, Matthew) (Docket Text Modified by Clerks Office.) Modified on 12/4/2013 (ea, ).
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Filing 362
NOTICE of Motion by Matthew B. George for presentment of motion for leave to file #361 before Honorable John Z. Lee on 12/10/2013 at 09:00 AM. (George, Matthew)
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Filing 361
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for leave to file Documents Under Seal (George, Matthew)
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Filing 360
MINUTE entry before Honorable John Z. Lee: Status hearing held on 11/13/13. Status hearing set for 1/30/14 at 9:00 a.m.Mailed notice (ca, )
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Filing 359
REPLY by Defendant Family Video Movie Club, Inc. to sealed response #344 and in Support of Motion to Decertify Conditional Collective Action (Attachments: #1 Exhibit 57 - Transcript of David Breshears Deposition, #2 Exhibit 58 - Report of Dr. Ali Saad, #3 Exhibit 59 - Select Earnings Statements / Timesheets, #4 Exhibit 60 - Unreported Cases)(Griswold, Joel)
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Filing 358
MOTION by Defendant Family Video Movie Club, Inc.in limine to Preclude Plaintiff's Expert (Attachments: #1 Exhibit A - Transcript of D. Breshears Deposition (Plaintiffs' Expert), #2 Exhibit B - Report of Dr. Ali Saad (Defendant's Expert))(Griswold, Joel)
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Filing 357
MINUTE entry before Honorable John Z. Lee: There being no objections to Magistrate Judge Cole's Report and Recommendation entered on 5/28/13 #326 recommending granting the motion for judgment on the pleadings as to opt-in plaintiffs M. Rodriguez, L. Taylor, and R. Taylor #299 , the report and recommendation #326 is adopted and the motion for judgment on the pleadings #299 is granted. Opt-in Plaintiffs Mireya Rodriguez, Laurel Taylor, and Robert Taylor are dismissed from this action. Mailed notice (ca, )
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Filing 356
TRANSCRIPT OF PROCEEDINGS held on 11/1/2012 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/8/2013. Redacted Transcript Deadline set for 10/18/2013. Release of Transcript Restriction set for 12/16/2013. (Roth, Alexandra)
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Filing 355
MINUTE entry before Honorable John Z. Lee: Motion hearing held on 9/17/13. Defendant's motion to set expert discovery deadlines and reset deadline for reply in support of motion for de-certification #352 is granted in part. Mr. Breshear's deposition should be completed by 10/15/13; defendants motion in limine and reply in support of motion for decertification are due by 11/12/13; plaintiff's response to the motion in limine is due by 12/3/13; reply due by 12/10/13; defendant's Rule 26(a)(2) rebuttal disclosure, if any, are due by 11/12/13. Mailed notice (ca, )
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Filing 354
MINUTE entry before Honorable John Z. Lee: There being no objections to Magistrate Judge Cole's Report and Recommendation entered on 3/29/13 granting in part and denying in part Defendant's motion to dismiss non-compliant opt-in Plaintiffs and rule to show cause (doc. no. #264 ), this Court adopts the recommendation in full. Mailed notice (ca, )
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Filing 353
NOTICE of Motion by Joel Christopher Griswold for presentment of motion for miscellaneous relief, #352 before Honorable John Z. Lee on 9/17/2013 at 09:00 AM. (Griswold, Joel)
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Filing 352
MOTION by Defendant Family Video Movie Club, Inc.Set Expert Discovery Deadlines And Reset Deadline For Reply In Support Of Motion For De-Certification (Attachments: #1 Exhibit A - Family Video's Interrogatories and Document Requests, #2 Exhibit B - Transcript of Proceedings, November 1, 2012)(Griswold, Joel)
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Filing 351
MINUTE entry before Honorable John Z. Lee: Plaintiffs' unopposed motion for leave to file documents under seal #341 is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 350
Compendium of Opt-in Plaintiff Declarations in Support of Plaintiffs' Opposition to Defendant Family Video Movie Club, Inc.'s Motion to Decertify Collective Action by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (Attachments: #1 Exhibit 1-4)(George, Matthew)
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Filing 349
Compendium of Named Plaintiff and Non-Sample Opt-in Interrogatory Responses in Support of Plaintiffs' Opposition to Defendant Family Video Movie Club, Inc.'s Motion to Decertify Collective Action by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (Attachments: #1 Exhibit 1-20)(George, Matthew)
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Filing 348
Compendium of Sample Opt-in Interrogatory Responses in Support of Plaintiffs' Opposition to Defendant Family Video Movie Club, Inc.'s Motion to Decertify Collective Action by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (Attachments: #1 Exhibit 1-16, #2 Exhibit 17-34, #3 Exhibit 35-42, #4 Exhibit 43-64, #5 Exhibit 65-72, #6 Exhibit 73-95)(George, Matthew)
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Filing 347
DECLARATION of David M. Breshears regarding memorandum in opposition to motion #343 (Attachments: #1 Exhibit 1)(George, Matthew)
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Filing 346
SEALED DOCUMENT by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Exhibits 1, 2, 3, 5, 6, 13, 14, 16, 23, 26, 27, 28, and 30 to the Declaration of Matthew B. George in Support of Opposition to Defendant's Motion to Decertify (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 16, #9 Exhibit 23, #10 Exhibit 26, #11 Exhibit 27, #12 Exhibit 28, #13 Exhibit 30)(George, Matthew)
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Filing 345
DECLARATION of Matthew B. George regarding memorandum in opposition to motion #343 (Attachments: #1 Exhibit 1 - Filed Separately Under Seal, #2 Exhibit 2 - Filed Separately Under Seal, #3 Exhibit 3 - Filed Separately Under Seal, #4 Exhibit 4, #5 Exhibit 5 - Filed Separately Under Seal, #6 Exhibit 6 - Filed Separately Under Seal, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 - Filed Separately Under Seal, #14 Exhibit 14 - Filed Separately Under Seal, #15 Exhibit 15, #16 Exhibit 16 - Filed Separately Under Seal, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23 - Filed Separately Under Seal, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26 - Filed Separately Under Seal, #27 Exhibit 27 - Filed Separately Under Seal, #28 Exhibit 28 - Filed Separately Under Seal, #29 Exhibit 29, #30 Exhibit 30 - Filed Separately Under Seal, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(George, Matthew)
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Filing 344
SEALED RESPONSE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to MOTION by Defendant Family Video Movie Club, Inc. Decertify Collective Action #327 (George, Matthew)
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Filing 343
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith in Opposition to motion for miscellaneous relief #327 [REDACTED] (George, Matthew)
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Filing 342
NOTICE of Motion by Matthew B. George for presentment of motion for leave to file #341 before Honorable John Z. Lee on 9/3/2013 at 09:00 AM. (George, Matthew)
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Filing 341
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for leave to file Documents Under Seal (George, Matthew)
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Filing 340
MINUTE entry before Honorable Jeffrey Cole: All matters relating to the referral of this case having been completed, the case is returned to the district judge. Status hearing date of 7/18/2013 is stricken. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice(jms, )
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Filing 339
MINUTE entry before Honorable John Z. Lee: Motion hearing held on 7/3/13. Plaintiffs' response to defendant's motion to decertify collective action #327 is due by 8/27/13 and should not exceed 30 pages; reply due 9/24/13 and should not exceed 15 pages; ruling will be by mail. Motion for leave to file corrected exhibit list and exhibits 9-15 instanter #336 is granted. Status hearing set for 11/13/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 338
MINUTE entry before Honorable John Z. Lee: The motion hearing set for 7/2/13 is reset for 7/3/13 at 9:00 a.m.Mailed notice (ca, )
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Filing 337
NOTICE of Motion by Joel Christopher Griswold for presentment of motion for leave to file,,, #336 before Honorable John Z. Lee on 7/2/2013 at 09:00 AM. (Griswold, Joel)
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Filing 336
MOTION by Defendant Family Video Movie Club, Inc. for leave to file Corrected Exhibit List and Exhibits Instanter (Attachments: #1 Exhibit A - Corrected Exhibit List, #2 Exhibit B - Corrected Ex. 9a - Deposition of T. Fiechter (part1), #3 Exhibit C - Corrected Ex. 9b - Deposition of T. Fiechter (part 2), #4 Exhibit D - Corrected Ex. 9c - Deposition of T. Fiechter (part 3), #5 Exhibit E - Corrected Ex. 10 - Deposition of A. Fisher, #6 Exhibit F - Corrected Ex. 11 - Deposition of C. Johnson, #7 Exhibit G - Corrected Ex. 12 - Deposition of E. Kieswetter, #8 Exhibit H - Corrected Ex. 13 - Deposition of A. Litsey, #9 Exhibit I - Corrected Ex. 14a - Deposition of T. Mackiewicz (part 1), #10 Exhibit J - Corrected Ex. 14b - Deposition of T. Mackiewicz (part 2), #11 Exhibit K - Corrected Ex. 15 - Deposition of S. McIntyre)(Griswold, Joel)
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Filing 335
EXHIBIT by Defendant Family Video Movie Club, Inc. [Exhibits 51-56] regarding memorandum in support of motion,,, #329 (Attachments: #1 Exhibit 51(a) - Deposition of E. Box (part 1), #2 Exhibit 51(b) - Deposition of E. Box (part 2), #3 Exhibit 51(c) - Deposition of E. Box (part 3), #4 Exhibit 51(d) - Deposition of E. Box (part 4), #5 Exhibit 51(e) - Deposition of E. Box (part 5), #6 Exhibit 51(f) - Deposition of E. Box (part 6), #7 Exhibit 52 - B. Brezinksy Timesheet and Earnings Statement, #8 Exhibit 53 - Group Exhibit of Timesheet Examples, #9 Exhibit 54 - Groupd Exhibit of Earning Statement Examples, #10 Exhibit 55 - R. Dyer Example of Holiday Pay, #11 Exhibit 56 - Unreported Cases)(Griswold, Joel)
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Filing 334
EXHIBIT by Defendant Family Video Movie Club, Inc. [Exhibits 48-50] regarding memorandum in support of motion,,, #329 (Attachments: #1 Exhibit 48(a) - Deposition of B. Brezinsky (part 1), #2 Exhibit 48(b) - Deposition of B. Brezinsky (part 2), #3 Exhibit 49(a) - Deposition of D. Smith (part 1), #4 Exhibit 49(b) - Deposition of D. Smith (part 2), #5 Exhibit 49(c) - Deposition of D. Smith (part 3, #6 Exhibit 50(a) - Deposition of N. Hodorovych (part 1), #7 Exhibit 50(b) - Deposition of N. Hodorovych (part 2), #8 Exhibit 50(c) - Deposition of N. Hodorovych (part 3))(Griswold, Joel)
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Filing 333
EXHIBIT by Defendant Family Video Movie Club, Inc. [Exhibits 28-47] regarding memorandum in support of motion,,, #329 (Attachments: #1 Exhibit 28 - Declaration of B. Sumner, #2 Exhibit 29 - Declaration of H. Eilers, #3 Exhibit 30 - Declaration of A. Bullington, #4 Exhibit 31 - Declaration of L. Newton, #5 Exhibit 32 - Declaration of L. Orr, #6 Exhibit 33 - Declaration of S. Alfaro, #7 Exhibit 34 - Declaration of L. Geronimo, #8 Exhibit 35 - Declaration of T. Sauer, #9 Exhibit 36 - Declaration of R. Benyo, #10 Exhibit 37 - Declaration of M. Wilkes, #11 Exhibit 38 - Declaration of M. Nelson, #12 Exhibit 39 - Declaration of C. Dykstra, #13 Exhibit 40 - Declaration of C. Adcock, #14 Exhibit 41 - Declaration of D. Coleman, #15 Exhibit 42 - Declaration of A. Rosenquist, #16 Exhibit 43 - Declaration of C. Casey, #17 Exhibit 44 - Declaration of J. Vasquez, #18 Exhibit 45 - Declaration of D. Heistand, #19 Exhibit 46 - Declaration of A. Thompson, #20 Exhibit 47 - Declaration of K. Papproth)(Griswold, Joel)
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Filing 332
EXHIBIT by Defendant Family Video Movie Club, Inc. [Exhibits 21-27] regarding memorandum in support of motion,,, #329 (Attachments: #1 Exhibit 21 - Deposition Transcript of K. Rubin, #2 Exhibit 22 - Deposition Transcript of R. Staley, #3 Exhibit 23(a) - Deposition Transcript of C. Stier (part 1), #4 Exhibit 23(b) - Deposition Transcript of C. Stier (part 2), #5 Exhibit 23(c) - Deposition Transcript of C. Stier (part 3), #6 Exhibit 24(a) - Deposition Transcript of D. Untied (part 1), #7 Exhibit 24(b) - Deposition Transcript of D. Untied (part 2), #8 Exhibit 24(c) - Deposition Transcript of D. Untied (part 3), #9 Exhibit 25 - Deposition Transcript of H. Wade, #10 Exhibit 26 - Deposition Transcript of K. Wasielewski, #11 Exhibit 27 - Deposition Transcript of B. White)(Griswold, Joel)
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Filing 331
EXHIBIT by Defendant Family Video Movie Club, Inc. [Exhibits 16-20] regarding memorandum in support of motion,,, #329 (Attachments: #1 Exhibit 16 - Deposition Transcript of L. Morales, #2 Exhibit 17 - Deposition Transcript of J. Naroleski, #3 Exhibit 18(a) - Deposition Transcript of D. Ramirez (part 1), #4 Exhibit 18(b) - Deposition Transcript of D. Ramirez (part 2), #5 Exhibit 18(c) - Deposition Transcript of D. Ramirez (part 3), #6 Exhibit 19(a) - Deposition of M. Rodriguez (part 1), #7 Exhibit 19(b) - Deposition of M. Rodriguez (part 2), #8 Exhibit 19(c) - Deposition of M. Rodriguez (part 3), #9 Exhibit 20 - Deposition Transcript of D. Roethel)(Griswold, Joel)
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Filing 330
EXHIBIT by Defendant Family Video Movie Club, Inc. [Exhibits 9-15] regarding memorandum in support of motion,,, #329 (Attachments: #1 Exhibit 9(a) - Deposition Transcript of T. Fiechter (part 1), #2 Exhibit 9(b) - Deposition Transcript of T. Fiechter (part 2), #3 Exhibit 9(c) - Deposition Transcript of T. Fiechter (part 3), #4 Exhibit 10 - Deposition Transcript of A. Fisher, #5 Exhibit 11 - Deposition Transcript of C. Johnson, #6 Exhibit 12 - Deposition Transcript of E. Kieswetter, #7 Exhibit 13 - Deposition Transcript of A. Litsey, #8 Exhibit 14(a) - Deposition Transcript of T. Mackiewicz (part 1), #9 Exhibit 14(b) - Deposition Transcript of T. Mackiewicz (part 2), #10 Exhibit 15 - Deposition Transcript of S. McIntyre)(Griswold, Joel)
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Filing 329
MEMORANDUM by Family Video Movie Club, Inc. in support of motion for miscellaneous relief #327 [Decertify Collective Action] (Attachments: #1 Exhibit EXHIBIT LIST, #2 Exhibit 1(a) - Deposition Transcript of J. Allen (part 1), #3 Exhibit 1(b) - Deposition Transcript of J. Allen (part 2), #4 Exhibit 2(a) - Deposition Transcript of S. Battenfield (part 1), #5 Exhibit 2(b) - Deposition Transcript of S. Battenfield (part 2), #6 Exhibit 3 - Deposition Transcript of J. Cavallaro, #7 Exhibit 4 - Deposition Transcript of W. Cerveny, #8 Exhibit 5 - Deposition Transcript of C. Corrie, #9 Exhibit 6 - Deposition Transcript of R. Dyer, #10 Exhibit 7 - Deposition Transcript of R. Eldred, #11 Exhibit 8 - Deposition Transcript of A. Ellis)(Griswold, Joel)
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Filing 328
NOTICE of Motion by Joel Christopher Griswold for presentment of motion for miscellaneous relief #327 before Honorable John Z. Lee on 7/2/2013 at 09:00 AM. (Griswold, Joel)
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Filing 327
MOTION by Defendant Family Video Movie Club, Inc. Decertify Collective Action (Griswold, Joel)
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Filing 326
REPORT AND RECOMMENDATIONS Objections to R&R due by 6/11/2013 Signed by the Honorable Jeffrey Cole on 5/28/2013:Mailed notice(jms, )
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Filing 325
MINUTE entry before Honorable Jeffrey Cole: Enter Report and Recommendation regarding defendant's motion to dismiss opt-in plaintiffs Mireya Rodriguez, Laurel Taylor, and Robert Taylor.Mailed notice (jms, )
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Filing 324
MINUTE entry before Honorable John Z. Lee: Defendant's unopposed motion for an extension and for leave to file an oversized memorandum of law #321 is granted in part. Defendant's motion for decertification of the conditionally certified collective action is due on 6/24/13, and the memorandum in support shall not exceed 30 pages. No appearance is necessary on 5/21/13. The schedule for Plaintiff's response and Defendant's reply and their respective page limits shall be set on the date that the motion for decertification is presented. Mailed notice (ca, )
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Filing 323
RESPONSE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to MOTION by Defendant Family Video Movie Club, Inc. for judgment on the pleadings as to Opt-in Plaintiffs M. Rodriguez, L. Taylor, and R. Taylor #299 (George, Matthew)
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Filing 322
NOTICE of Motion by Joel Christopher Griswold for presentment of extension of time, motion for leave to file excess pages #321 before Honorable John Z. Lee on 5/21/2013 at 09:00 AM. (Griswold, Joel)
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Filing 321
MOTION by Defendant Family Video Movie Club, Inc. for extension of time [UNOPPOSED], MOTION by Defendant Family Video Movie Club, Inc. for leave to file excess pages [UNOPPOSED] (Griswold, Joel)
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Filing 320
MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 7/18/2013 at 08:30 AM for ruling on defendant's motion for judgment on the pleadings. Plaintiffs' motion to compel #305 is withdrawn without prejudice by agreement should the need arise to refile the motion. Defendant's motion for judgment on the pleadings as to Opt-In plaintiffs Rodriguez, Taylor and R. Taylor will be fully briefed on 6/3/2013 and is taken under advisement. Court will rule by mail. Mailed notice (jms, )
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Filing 318
MINUTE entry before Honorable Jeffrey Cole: The defendant has moved for judgment on the pleadings #299 and Judge Lee has referred the matter here. #314 . There will be no need to notice the motion before me. The briefing schedule will be ad follow: Plaintiff's response to the motion will be due on 5/20/13. The reply shall be due 6/3/13. Status conference will be held on 7/18/13 at 8:30 a.m.Mailed notice (jms, )
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Filing 319
EXECUTIVE COMMITTEE ORDER: Motion referred to the Honorable Jeffrey Cole pursuant to Local Rule 72.1. Signed by Executive Committee on 04/17/2013. (et, )
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Filing 317
MINUTE entry before Honorable John Z. Lee: Motion hearing held on 4/17/13. In Plaintiffs' objection to Judge Cole's Report and Recommendation #303 , Plaintiffs requested that opt-in plaintiffs Jennifer Stocum and Katherine Rubin be removed from the list of opt-in plaintiffs to be dismissed with prejudice. Defendant did not object to Plaintiff's request. Accordingly, Judge Cole's Report and Recommendation #293 is modified to strike Jennifer Stocum and Katherine Rubin from the list of opt-in plaintiffs to be dismissed with prejudice. Jennifer Stocum and Katherine Rubin are not dismissed from the action. The remainder of Judge Cole's Report and Recommendation is entered without objection. Mailed notice (ca, )
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Filing 316
MINUTE entry before Honorable Jeffrey Cole: Minute order of 4/17/2013 #315 is corrected as follows: Motion hearing held. Plaintiff's motion to compel #305 is taken under advisement and the court will rule on the motion at the status hearing currently set for 5/1/2013 at 8:30 am. Defendants' motion for judgment on the pleadings as to opt-in plaintiffs M. Rodriguez, L. Taylor & R. Taylor, which Judge Lee has referred here for a report and recommendation, is entered and continued to 5/1/2013 at 8:30 am. The plaintiff shall report to the court on whether, in light of Judge Lee's order regarding class certification, it desires to proceed with the motion to compel interrogatory responses & production of documents #47 and why the motion should not be deemed moot or whether they will withdraw the motion.Mailed notice (jms, )
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Filing 315
MINUTE entry before Honorable Jeffrey Cole:Motion hearing held. Plaintiff's motion to compel #305 is taken under advisement and the court will rule on the motion at the status hearing currently set for 5/1/2013 at 8:30 am. Defendants' motion for judgment on the pleadings as to opt-in plaintiffs M. Rodriguez, L. Taylor & R. Taylor, which Judge Lee has referred here for a report and recommendation, is entered and continued to 5/1/2013 at 8:30 am.Mailed notice (jms, )
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Filing 314
MINUTE entry before Honorable John Z. Lee:Motion for judgment on the pleadings #299 is referred to Magistrate Judge Cole. No appearance is required before Judge Lee on 4/17/13. Mailed notice (ca, )
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Filing 313
ORDER Signed by the Honorable John Z. Lee on 4/15/2013Mailed notice(ca, ).
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Filing 312
MINUTE entry before Honorable John Z. Lee: For the reasons herein, Defendant's motion to dismiss Plaintiffs' Illinois Minimum Wage Law claims for lack of subject matter jurisdiction #222 is denied. [For further detail see separate order.] Mailed notice (ca, )
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Filing 311
MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 4/15/2013Mailed notice(ca, ).
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Filing 310
MINUTE entry before Honorable John Z. Lee: For the reasons herein, Plaintiffs' motion for class certification #170 is denied. [For further detail see separate order.] Mailed notice (ca, )
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Filing 309
Correction by Family Video Movie Club, Inc. to Reply [Doc. 289] (Griswold, Joel)
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Filing 308
NOTICE of Motion by Matthew B. George for presentment of motion to compel #305 before Honorable Jeffrey Cole on 4/17/2013 at 08:30 AM. (George, Matthew)
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Filing 307
DECLARATION of Matthew B. George regarding motion to compel #305 (Attachments: #1 Exhibit A, #2 Exhibit B)(George, Matthew)
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Filing 306
NOTICE of Motion by Matthew B. George for presentment of motion to compel #305 before Honorable John Z. Lee on 4/17/2013 at 08:30 AM. (George, Matthew)
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Filing 305
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to compel Class Members' Timekeeping and Payroll Data (George, Matthew)
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Filing 304
DECLARATION of Matthew B. George regarding objections #303 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(George, Matthew)
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Filing 303
OBJECTIONS by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to REPORT AND RECOMMENDATIONS #293 (George, Matthew)
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Filing 302
NOTICE of Motion by Matthew B. George for presentment of report and recommendations #293 before Honorable John Z. Lee on 4/17/2013 at 09:00 AM. (George, Matthew)
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Filing 301
MINUTE entry before Honorable Jeffrey Cole: On April 8, 2013, the plaintiffs filed a status report that requested that the report and recommendation be amended so as to not recommend dismissal of Katherine Rubin and Jennifer Stocum. The plaintiff's reasoning was that the defendant had withdrawn its motion to dismiss those two opt-in plaintiffs. However, in its reply brief filed on March 25, 2013, the defendant, quite specifically, in its request for relief, asked that these two individuals be dismissed. [# 289, at 6]. While the defendant did, indeed, pare some individuals from the roster of opt-ins it wanted dismissed, Ms. Rubin and Ms. Stocum were not among them. This fact conflicted with the first page of the defendant's reply brief, which referred to Ms. Rubin and Ms. Stocum, but the roster set out in the request for relief rules the day. Accordingly, I cannot amend my report and recommendation until the defendant corrects its request for relied -- if, indeed, it needs to correct it at all. It may well be that the first page of the reply brief contained the error. As for opt-in plaintiff Steve Kender, plaintiff was instructed to provide an explanation for why he was unable to respond to discovery simply because he was in a medical rehabilitation facility. Plaintiffs' counsel allowed that they had not been in touch with him since November of last year, and that when they finally got a hold of his father, they were told he was incarcerated. There is still no explanation why he has not, and still supposedly cannot, respond to discovery. Federal dockets contain many cases filed by prisoners who routinely respond to discovery requests and make discovery demands of their own. I continue to believe therefore Mr. Kender's claim should be dismissed with prejudice.Mailed notice (jms, )
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Filing 300
NOTICE of Motion by Joel Christopher Griswold for presentment of motion for judgment on the pleadings, #299 before Honorable John Z. Lee on 4/17/2013 at 09:00 AM. (Griswold, Joel)
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Filing 299
MOTION by Defendant Family Video Movie Club, Inc. for judgment on the pleadings as to Opt-in Plaintiffs M. Rodriguez, L. Taylor, and R. Taylor (Attachments: #1 Exhibit A - M. Rodriguez Bankruptcy Petition, #2 Exhibit B - L. Taylor and R. Taylor Bankruptcy Petition, #3 Exhibit C - L. Taylor and R. Taylor Bankruptcy Discharge)(Griswold, Joel)
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Filing 298
STATUS Report (REDACTED) in Response to the Court's Report and Recommendations on Defendant's Motion to Dismiss by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (George, Matthew) regarding entry #297 (Docket Text Modified by Clerk's Office on 4/8/2013) (np, ).
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Filing 297
SEALED DOCUMENT by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Plaintiffs' Status Report in Response to the Court's Report and Recommendations on Defendant's Motion to Dismiss (George, Matthew)
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Filing 296
MINUTE entry before Honorable John Z. Lee: Defendant's motion for leave to file instanter supplemental authority in opposition to Plaintiffs' motion for class certification #294 is denied. The Court is aware of the Supreme Court's recent opinions. Mailed notice (ca, )
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Filing 295
NOTICE of Motion by Joel Christopher Griswold for presentment of motion for leave to file, #294 before Honorable John Z. Lee on 4/10/2013 at 09:00 AM. (Griswold, Joel)
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Filing 294
MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Supplemental Authority in Opposition to Plaintiffs' Motion for Class Certification (Attachments: #1 Exhibit A - Comcast Corp. v. Behrend, -- S.Ct.--, 2013 WL 1222646 (March 27, 2013), #2 Exhibit B - RBS Citizens, N.A. v. Ross, --S.Ct. --, 2013 WL 12855303 (April 1, 2013))(Griswold, Joel)
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Filing 293
REPORT AND RECOMMENDATION. Signed by the Honorable Jeffrey Cole on 3/29/13: (vkd, )
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Filing 292
MINUTE entry before Honorable Jeffrey Cole: It is hereby recommended that the defendant's motion to dismiss Opt-in plaintiffs [Dkt. #264] be granted in part and denied in part. ENTER REPORT AND RECOMMENDATION. (For further detail see separate order). Mailed notice (vkd, )
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Filing 291
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Withdrawal of Consent to Join Action (Attachments: #1 Exhibit A)(Grzenczyk, Scott)
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Filing 290
TRANSCRIPT OF PROCEEDINGS held on February 13, 2013, before the Honorable Jeffrey Cole. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/16/2013. Redacted Transcript Deadline set for 4/26/2013. Release of Transcript Restriction set for 6/24/2013. (Lacien, Laura)
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Filing 289
REPLY by Defendant Family Video Movie Club, Inc. to motion to dismiss,, motion for rule to show cause, #264 (Attachments: #1 Exhibit A - Hersh v. Capital Cities/ABC, Inc., 968 F.2d 1218, 1992 WL 154033 (7th Cir. 1992))(Griswold, Joel)
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Filing 288
STIPULATED ORDER on Plaintiffs' Motion to Compel [Dkt. 271] Signed by the Honorable Jeffrey Cole on 3/22/2013. (et, )
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Filing 287
MINUTE entry before Honorable Jeffrey Cole: Status hearing set for 5/1/2013 at 08:30 a.m. (rbf, )
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Filing 286
MINUTE entry before Honorable Jeffrey Cole: Motion hearing held. Defendant's counsel fails to appear. Counsel for all parties must be present at all court hearings. Plaintiff's motion for leave to file underseal #282 is granted. Plaintiff's motion to compel #271 is taken under advisement. Notice mailed by judge's staff (ntf, )
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Filing 284
NOTICE of Motion by Daniel J. Kurowski for presentment of motion to seal, #282 before Honorable Jeffrey Cole on 3/21/2013 at 08:30 AM. (Kurowski, Daniel)
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Filing 283
SEALED DOCUMENT by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Exhibits A and B to Plaintiffs' Motion for Leave to File Under Seal Unredacted Versions of (1) Plaintiffs' Opposition to Defendant's Motion to Dismiss and (2) Declaration in Support (Attachments: #1 Exhibit A - Unredacted Plaintiffs' Opposition to Defendant's Motion to Dismiss, #2 Exhibit B - Unredacted Declaration of Matthew B. George in Support of Plaintiffs' Opposition)(Kurowski, Daniel)
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Filing 282
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to seal Plaintiffs' Motion for Leave to File Under Seal Unredacted Versions of (1) Plaintiffs' Opposition to Defendant's Motion to Dismiss Opt-In Plaintiffs for Failure to Respond to Discovery and (2) Declaration in Support (Kurowski, Daniel)
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Filing 281
DECLARATION of Matthew B. George regarding response in opposition to motion, #280 Declaration of Matthew B. George in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss Opt-Ins for Failure to Respond to Discovery [Redacted Version] (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Kurowski, Daniel)
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Filing 280
RESPONSE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smithin Opposition to MOTION by Defendant Family Video Movie Club, Inc. to dismiss Non-Compliant Opt-In PlaintiffsMOTION by Defendant Family Video Movie Club, Inc. for rule to show cause #264 Plaintiffs' Opposition to Defendant's Motion to Dismiss Opt-In Plaintiffs for Failure to Respond to Discovery [Redacted Version] (Kurowski, Daniel)
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Filing 279
MINUTE entry before Honorable Jeffrey Cole: The plaintiff have been instructed to file a courtesy copy of their motion to compel compliance with the court's Feb. 22, 2012 order #271 , as well as any other motion that has been referred here by Judge Lee for Report and Recommendation. They were also instructed that the courtesy copy must have protruding tabs pursuant to Local Rule 5.2(d). This morning a Courtesy copy of the motion was sent to chambers. The courtesy copy of the motion is noncompliant with our Local Rules. While the motion makes reference to exhibits, none are attached. Served separately is the declaration of Matthew George which contains Exhibits A through E, none of which contain protruding tabs required by Local Rule. The plaintiffs are instructed to file immediately a motion that is compliant with Local Rule 5.2(d). (rbf, )
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Filing 285
MINUTE entry before Honorable Jeffrey Cole:Status hearing held on 3/15/13 regarding Plaintiffs' Motion to Compel Compliance with the Court's February 22, 2012 order #271 . As stated in open court, counsel shall submit an agreed order resolving plaintiffs' motion #271 to this court's proposed order inbox: Proposed_Order_Cole@ilnd.uscourts.gov. After the court reviews the proposed order, this court will enter an order recommending the District Court to enter the parties agreed order resolving plaintiff's motion #271 . Mailed notice. (rbf, )
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Filing 277
MINUTE entry before Honorable Jeffrey Cole:Status hearing set for 03/15/13 at 1:30 p.m. before Judge Cole on the Plaintiffs' Motion to Compel Compliance with the Court's February 22, 2012 Order #271 referred by Judge Lee. (rbf, )
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Filing 278
EXECUTIVE COMMITTEE ORDER: Motion [ #271 ] referred to the Honorable Jeffrey Cole pursuant to Local Rule 72.1. Signed by Executive Committee on 03/12/2013. (et, )
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Filing 276
NOTICE by All Plaintiffs of Withdrawals of Consent to Join Action (Attachments: #1 Exhibit A to Notice of Withdrawals of Consent to Join Action)(Grzenczyk, Scott)
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Filing 275
MINUTE entry before Honorable Jeffrey Cole: Plaintiff's Motion to File Response to Defendant's Motion to Dismiss #269 is granted. Plaintiff shall file its response to defendant's Motion to Dismiss #264 by 3/18/13. Defendants shall have seven days to reply. No appearance is necessary on 3/13/13. The status set for 3/13/13 is reset to 4/1/13 at 8:30 a.m. Mailed notice (tlp, )
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Filing 274
MINUTE entry before Honorable John Z. Lee: Plaintiffs' motion to compel compliance with the Court's 2/22/12 order #271 is hereby referred to Magistrate Judge Cole for a report and recommendation. No appearance is necessary on 3/13/13 before Judge Lee.Mailed notice (ca, )
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Filing 272
NOTICE of Motion by Matthew B. George for presentment of motion to compel, #271 before Honorable John Z. Lee on 3/13/2013 at 09:00 AM. (George, Matthew)
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Filing 271
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to compel COMPLIANCE WITH THE COURT'S FEBRUARY 22, 2012 ORDER GRANTING CONDITIONAL CLASS CERTIFICATION (Attachments: #1 Declaration OF MATTHEW B. GEORGE IN SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH THE COURT'S FEBRUARY 22, 2012 ORDER GRANTING CONDITIONAL CLASS CERTIFICATION, #2 Exhibit A-E TO THE DECLARATION OF MATTHEW B. GEORGE IN SUPPORT)(George, Matthew)
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Filing 270
NOTICE of Motion by Matthew B. George for presentment of motion for miscellaneous relief #269 before Honorable Jeffrey Cole on 3/13/2013 at 08:30 AM. (George, Matthew)
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Filing 269
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith TO FILE RESPONSE TO DEFENDANT'S MOTION TO DISMISS (George, Matthew)
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Filing 268
SUPPLEMENT to motion to dismiss, motion for rule to show cause,, #264 (Griswold, Joel)
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Filing 273
EXECUTIVE COMMITTEE ORDER: Motion [ #264 ] referred to the Honorable Jeffrey Cole pursuant to Local Rule 72.1. Signed by Executive Committee on 03/04/2013. (et, )
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Filing 267
MINUTE entry before Honorable John Z. Lee: Defendant Family Video Movie Club's motion to dismiss non-compliant opt-in Plaintiffs and rule to show cause #264 is hereby referred to Magistrate Judge Cole for a report and recommendation. No appearance is necessary on 3/5/13 before Judge Lee. Mailed notice (ca, )
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Filing 266
NOTICE of Motion by Joel Christopher Griswold for presentment of motion to dismiss, motion for rule to show cause,, #264 before Honorable John Z. Lee on 3/5/2013 at 09:00 AM. (Griswold, Joel)
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Filing 265
NOTICE of Motion by Joel Christopher Griswold for presentment of (Griswold, Joel)
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Filing 264
MOTION by Defendant Family Video Movie Club, Inc. to dismiss Non-Compliant Opt-In Plaintiffs, MOTION by Defendant Family Video Movie Club, Inc. for rule to show cause (Attachments: #1 Exhibit A - Transcript of Proceedings, dated February 13, 2013, #2 Exhibit B - Order Dismissing Non-Compliant Opt-Ins Pursuant to Rule 41(b), Howard v. Securitas Security Services USA, Inc., 08-cv-2746 (N.D. Ill. June 10, 2010))(Griswold, Joel)
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Filing 263
RESPONSE by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to notice of motion #256 for Leave to File Supplemental Authority (George, Matthew)
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Filing 262
MINUTE entry before Honorable Jeffrey Cole: Sua sponte, status hearing date of 3/12/2013 is reset for 3/13/2013 at 08:30 AM.Mailed notice (jms, )
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Filing 261
MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 3/12/2013 at 08:30 AM. Defendant's oral motion to set a date for plaintiff to comply with outstanding interrogatories and requests to admit is granted. Plaintiffs are given to 2/27/2013 to comply with outstanding interrogatories and requests to admit that was due 12/5/2012. Plaintiffs' counsel are directed to advise their clients by email and telephone that failure to comply with discovery can have serious consequences, including dismissal of their claims. Plaintiff shall produce discovery on a rolling basis as each response is received. Mailed notice (jms, )
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Filing 260
MINUTE entry before Honorable John Z. Lee: Status hearing held on 2/13/2013. Defendants motion for leave to file instanter a supplemental authority in opposition to motion for class certification #255 is granted without objection. Plaintiff is granted leave to file a 5-page response by 2/25/13. Mailed notice (ca, )
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Filing 259
MINUTE entry before Honorable Jeffrey Cole:Defendant's motion to reset the status hearing time #257 is granted. Status hearing is reset for 08:30 AM on 2/13/2013.Mailed notice (jms, )
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Filing 258
NOTICE of Motion by Joel Christopher Griswold for presentment of (Griswold, Joel)
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Filing 257
MOTION by Defendant Family Video Movie Club, Inc. to reset February 13, 2013 at 9:00 a.m. to 9:30 a.m. (or 8:30 a.m., in the alternative) [AGREED MOTION] (Griswold, Joel)
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Filing 256
NOTICE of Motion by Joel Christopher Griswold for presentment of motion for leave to file, #255 before Honorable John Z. Lee on 2/13/2013 at 09:00 AM. (Griswold, Joel)
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Filing 255
MOTION by Defendant Family Video Movie Club, Inc. for leave to file Instanter, Supplemental Authority in Opposition to Motion for Class Cerification (Attachments: #1 Exhibit A - Espenscheid v. DirectSat USA, LLC, __ F.3d __, 2013 WL 407446 (7th Cir. Feb. 4, 2013))(Griswold, Joel)
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Filing 254
MINUTE entry before Honorable Jeffrey Cole: Status hearing set for 2/13/2013 is stricken and reset to 2/13/2013 at 9:00 AM.Mailed notice (tlp, )
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Filing 253
MINUTE entry before Honorable Jeffrey Cole: Magistrate Judge Status hearing held and continued to 2/12/13 at 9:00 a.m.Mailed notice (tlp, )
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Filing 252
MINUTE entry before Honorable John Z. Lee:The status hearing set for 1/16/13 at 9:00 a.m. is stricken. Mailed notice (ca, )
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Filing 251
ATTORNEY Appearance for Defendant Family Video Movie Club, Inc. by Melissa Anne Siebert (Siebert, Melissa)
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Filing 250
ATTORNEY Appearance for Defendant Family Video Movie Club, Inc. by John Conlaeth McIlwee (McIlwee, John)
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Filing 249
MINUTE entry before Honorable John Z. Lee: John T. Roache's motion to withdraw as counsel for defendant #247 is granted. No appearance is required at the notice of motion scheduled for 12/18/12 at 9:00 a.m. Mailed notice (ca, )
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Filing 248
NOTICE of Motion by John Thomas Roache for presentment of motion to withdraw as attorney #247 before Honorable John Z. Lee on 12/18/2012 at 09:00 AM. (Roache, John)
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Filing 247
MOTION by counsel for Defendant Family Video Movie Club, Inc. to withdraw as attorney for Defendant (Roache, John)
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Filing 246
MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 1/16/2013 at 09:30 AM.Mailed notice (jms, )
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Filing 245
NOTICE by Joel Christopher Griswold of Change of Address (Griswold, Joel)
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Filing 244
MINUTE entry before Honorable John Z. Lee: Motion hearing held on 11/1/12. The parties' joint motion for discovery schedule #242 is granted. The parties are to exchange lists of sample opt-in plaintiffs for discovery by November 5, 2012. Fact discovery to close by April 19, 2013. Defendants motion for de-certification of the conditionally certified collective action is due by May 24, 2013. Status hearing set for 1/16/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 243
NOTICE of Motion by Joel Christopher Griswold for presentment of motion for miscellaneous relief #242 before Honorable John Z. Lee on 11/1/2012 at 09:00 AM. (Griswold, Joel)
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Filing 242
MOTION by Defendant Family Video Movie Club, Inc. Joint Motion to Set Discovery Schedule (Griswold, Joel)
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Filing 241
MINUTE entry before Honorable John Z. Lee: In light of the Court's September 27, 2012, order regarding discovery as to opt-in plaintiffs, the parties' joint motion to strike previous discovery schedule is granted. The discovery deadline of October 18, 2012, is stricken. The parties are directed to submit a joint motion proposing a discovery schedule by October 29, 2012, which shall be noticed for presentation on November 1, 2012. No appearance is necessary on 10/23/12. Mailed notice (ca, )
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Filing 240
NOTICE of Motion by Joel Christopher Griswold for presentment of motion to strike, motion for relief,,,,,,,,,,,, #239 before Honorable John Z. Lee on 10/23/2012 at 09:00 AM. (Griswold, Joel)
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Filing 239
MOTION by Defendant Family Video Movie Club, Inc. to strike order on motion to certify class, order on motion to amend/correct, terminate deadlines and hearings, motion hearing, set deadlines/hearings, class action certified,,,,,,,,,,,, #162 (Griswold, Joel)
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Filing 238
MINUTE entry before Honorable John Z. Lee: Counsel for Defendant's motion to withdraw as attorney #235 is granted. Michael B. Roaldi is withdrawn as attorney for Defendant Family Video Movie Club, Inc. No appearance is required at the motion hearing set for 10/24/12 at 9:00 a.m. Mailed notice (ca, )
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Filing 237
NOTICE of Motion by Michael Barrett Roaldi for presentment of motion to withdraw as attorney #235 before Honorable John Z. Lee on 10/24/2012 at 09:00 AM. (Roaldi, Michael)
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Filing 236
NOTICE of Motion by Michael Barrett Roaldi for presentment of motion to withdraw as attorney #235 before Honorable Samuel Der-Yeghiayan on 10/18/2012 at 09:00 AM. (Roaldi, Michael)
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Filing 235
MOTION by counsel for Defendant Family Video Movie Club, Inc. to withdraw as attorney (Roaldi, Michael)
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Filing 234
MINUTE entry before Honorable Jeffrey Cole: Magistrate Judge Status hearing held and continued to 12/5/2012 at 08:30 AM. Plaintiff's oral motion to require defendant to produce documents reflecting the positions, titles, and full or part time status of opt-in plaintiffs beyond the sampling set forth in Judge Lee's order is denied for the reasons stated in open court. It is the plaintiffs' position that they need this information to select the sampling of opt-in plaintiffs. It is the defendant's position that plaintiffs do not need this information to select the sampling since plaintiffs have taken the position that the opt-ins are all similarly situated. The parties are directed to contact chambers at 312-435-5601 if any issues arise during depositions and to contact chambers if they conclude that a further settlement conference would be beneficial. As discussed in court, I will meet with the parties any morning at 7:00 a.m. that they designate. Mailed notice (jms, )
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Filing 233
NOTICE of Motion by Joel Christopher Griswold for presentment of motion for miscellaneous relief #232 before Honorable Jeffrey Cole on 10/15/2012 at 08:30 AM. (Griswold, Joel)
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Filing 232
MOTION by Defendant Family Video Movie Club, Inc. Modify Order [Doc. 231] [UNOPPOSED MOTION] (Griswold, Joel)
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Filing 231
MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 12/5/2012 at 08:30 AM. Plaintiff's oral motion to require defendant to produce for the number of individuals whom Judge Lee has designated their positions, titles, and whether they are full or part time employees denied for the reasons stated in open court. It is the defendant's position that these additional designations are not necessary since the opt-ins are all similarly situated. The parties are directed to contact chambers at 312-435-5601 if any issues arise during depositions and to contact chambers if they conclude that a further settlement conference would be beneficial. As discussed in court, I will meet with the parties any morning at 7:00 a.m. that they designate.Mailed notice (jms, )
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Filing 230
MINUTE entry before Honorable John Z. Lee: Plaintiffs and Defendant submitted a joint proposed discovery plan #225 . According to the Plan, the parties disagree about the scope of opt-in plaintiff discovery. For the reasons stated herein, the Court rules that opt-in plaintiff discovery will proceed as follows: (1) written discovery may be propounded on up to 166 opt-in plaintiffs; (2) Plaintiffs and Defendant may each select and depose up to 42 opt-in plaintiffs who respond to written discovery; and (3) depositions need not take place in this judicial district. Discovery should proceed forthwith. Status hearing set for 11/29/12 at 9:00 a.m. [For further detail see minute order.] Mailed notice (ca, )
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Filing 229
REPLY by Defendant Family Video Movie Club, Inc. to motion to dismiss/lack of jurisdiction #222 (Reply in Support of Motion to Dismiss IMWL Claim) (Griswold, Joel)
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Filing 228
MINUTE entry before Honorable John Z. Lee: Status hearing held on 9/25/12. The parties submitted a joint discovery plan that will be considered by the Court. Mailed notice (ca, )
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Filing 227
Notice of Withdrawal of Consent to Join Action by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (Attachments: #1 Exhibit)(Grzenczyk, Scott)
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Filing 226
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith in Opposition to motion to dismiss/lack of jurisdiction #222 (George, Matthew)
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Filing 225
STATUS Report (Parties' Joint Discovery Plan) by Family Video Movie Club, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Griswold, Joel)
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Filing 224
MINUTE entry before Honorable John Z. Lee: Status hearing held on 8/22/2012. Parties report they appeared for a settlement conference before Magistrate Judge Cole and were unable to settle at this time. Parties are to meet and confer and file a joint discovery plan by 8/29/12. Plaintiffs' response to motion to dismiss #222 due by 9/12/12; defendant's reply due 9/26/12; ruling to be by mail. Motion hearing date of 8/28/12 at 9:15 a.m. is stricken. Status hearing set for 9/25/12 at 9:15 a.m. Mailed notice (ca, )
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Filing 223
NOTICE of Motion by Joel Christopher Griswold for presentment of motion to dismiss/lack of jurisdiction #222 before Honorable John Z. Lee on 8/28/2012 at 09:15 AM. (Griswold, Joel)
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Filing 222
MOTION by Defendant Family Video Movie Club, Inc. to dismiss for lack of jurisdiction (12(b)(1)) (Attachments: #1 Exhibit A - Declaration of J. Robinson)(Griswold, Joel)
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Filing 221
SEALED REPLY by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to reply #216 , MOTION by Plaintiffs Erin Box, Natalie Hodorovych to certify class Plaintiffs' Motion for Class Certification Under the Illinois Minimum Wage Law #170 [Unredacted] Plaintiffs Reply Memorandum of Law in Support of Motion for Class Certification under the Illinois Minimum Wage Law (Kurowski, Daniel)
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Filing 220
MINUTE entry before Honorable John Z. Lee: The Plaintiffs' amended unopposed motion for leave to file Plaintiffs' reply brief under seal #214 is granted. Mailed notice (ca, )
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Filing 219
MINUTE entry before Honorable Jeffrey Cole:Settlement conference held. Based upon the parties' submissions and our discussions at the settlement conference, the case is not settleable at this time. The defendant has said that it needs a good deal more discovery than has been taken thus far to enable it to make a more informed evaluation regarding settlement than is now possible. Accordingly, discovery will proceed. The parties should be mindful of the present discovery close date set by Judge Der Yeghiayan prior to the transfer of the case to Judge Lee. It was Judge Der Yeghiayan's practice not to allow magistrate judges to alter discovery close dates that he had set. And since that order is still in place, unless Judge Lee authorizes a different course, I cannot extend the discovery close date. Status hearing is set for 10/4/2012 at 08:30 AM.Mailed notice (jms, )
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Filing 218
MINUTE entry before Honorable Jeffrey Cole: The settlement conference scheduled for 1:30 pm this afternoon. The plaintiff settlement demand is roughly 700 times the amount offered by the defendant, and the plaintiff demand does not include any attorney fees. Without making any determination of the good faith underlying either the demand or the offer, beginning a settlement conference on this basis seems inefficient. Accordingly, counsel are ordered to have an immediate settlement conference either face to face or on the phone before todays settlement conference in an attempt to bridge this enormous gap. It may well be that the parties are wedded to numbers near the current ones and that is perfectly fine. Parties are entitled to have their day in court without being coerced into settling cases. See Goss Graphics Sys., Inc. v. Dev Indus., Inc., 267 F.3d 624, 627 (7th Cir. 2001); Strandell v. Jackson County, Illinois, 838 F.2d 884, 887 (7th Cir. 1988). But it is valuable for the court and the parties to know in advance of the settlement conference whether their positions are sufficiently flexible that a settlement conference might be productive. The parties are directed to contact the court at 312-435-5601 (chambers) to report on the results of their face to face conference before the settlement conference at 1:30 pm today.Mailed notice (jms, )
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Filing 217
DECLARATION of Daniel J. Kurowski regarding motion to certify class #170 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(George, Matthew)
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Filing 216
REPLY by Plaintiffs Erin Box, Natalie Hodorovych to motion to certify class #170 (George, Matthew)
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Filing 215
NOTICE of Motion by Matthew B. George for presentment of motion to seal document #214 before Honorable John Z. Lee on 8/7/2012 at 09:15 AM. (George, Matthew)
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Filing 214
MOTION by Plaintiffs Erin Box, Natalie Hodorovych to seal document Unopposed Motion for Leave to File Plaintiffs Reply Brief Under Seal (George, Matthew)
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Filing 213
MINUTE entry before Honorable John Z. Lee: Status and motion hearing held on 7/17/12. Plaintiff's unopposed motion for extension of time to file reply brief #208 is granted; reply brief due 7/26/12. Plaintiff's unopposed motion for leave to file plaintiff's reply brief and supporting exhibits under seal #210 is denied without prejudice. Plaintiff is required to provide more specific grounds why the documents should be filed under seal. Status hearing set for 8/22/12 at 9:15 a.m. at which time parties are to report on settlement. Mailed notice (ca, )
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Filing 212
MINUTE entry before Honorable Jeffrey Cole: Settlement Conference date of 6/26/2012 is reset for 8/1/2012 at 02:00 PM.Mailed notice (jms, )
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Filing 211
NOTICE of Motion by Daniel J. Kurowski for presentment of motion to seal document,, motion for leave to file, #210 before Honorable John Z. Lee on 7/17/2012 at 09:15 AM. (Kurowski, Daniel)
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Filing 210
MOTION by Plaintiffs Erin Box, Natalie Hodorovych to seal document , MOTION by Plaintiffs Erin Box, Natalie Hodorovych for leave to file Unopposed Motion for Leave to File Plaintiffs Reply Brief and Supporting Exhibits Under Seal (Kurowski, Daniel)
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Filing 209
NOTICE of Motion by Daniel J. Kurowski for presentment of motion for extension of time to file response/reply #208 before Honorable John Z. Lee on 7/17/2012 at 09:15 AM. (Kurowski, Daniel)
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Filing 208
MOTION by Plaintiffs Erin Box, Natalie Hodorovych for extension of time to file response/reply Unopposed Motion for Extension of Time to File Reply Brief (Kurowski, Daniel)
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Filing 207
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action (Attachments: #1 Exhibit A - Opt In Consent Forms)(Grzenczyk, Scott)
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Filing 206
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Of Consent to Join Action (Attachments: #1 Errata A)(Grzenczyk, Scott)
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Filing 205
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action (Attachments: #1 Exhibit A - Opt In Consent Forms)(Grzenczyk, Scott)
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Filing 204
MINUTE entry before Honorable John Z. Lee: By agreement of the parties' the status hearing set for 7/5/12 at 9:15 a.m. is reset for 7/17/2012 at 9:15 a.m. Mailed notice (ca, )
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Filing 203
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action (Attachments: #1 Exhibit A)(Grzenczyk, Scott)
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Filing 202
MINUTE entry before Honorable John Z. Lee: Based upon the Joint Status Report, the parties' are working towards settlement. The status hearing set for 6/26/2012 at 11:00 a.m. is reset for 7/5/2012 at 9:15 a.m. Mailed notice (ca, )
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Filing 201
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action (Attachments: #1 Exhibit A - Opt In Consent Forms)(Grzenczyk, Scott)
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Filing 200
STATUS Report Initial Reassignment Joint Status Report by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (Kurowski, Daniel)
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Filing 199
EXHIBIT by Defendant Family Video Movie Club, Inc. regarding response in opposition to motion #197 (Attachments: #1 Exhibit 1, #2 Exhibit 2 (part 1 of 2), #3 Exhibit 2 (part 2 of 2), #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5 (part 1 of 3), #7 Exhibit 5 (part 2 of 3), #8 Exhibit 5 (part 3 of 3), #9 Exhibit 6 (part 1 of 2), #10 Exhibit 6 (part 2 of 2), #11 Exhibit 7 (part 1 of 3), #12 Exhibit 7 (part 2 of 3), #13 Exhibit 7 (part 3 of 3), #14 Exhibit 8 (part 1 of 3), #15 Exhibit 8 (part 2 of 3), #16 Exhibit 8 (part 3 of 3), #17 Exhibit 9 (part 1 of 3), #18 Exhibit 9 (part 2 of 3), #19 Exhibit 9 (part 3 of 3), #20 Exhibit 10, #21 Exhibit 11, #22 Exhibit 12, #23 Exhibit 13, #24 Exhibit 14, #25 Exhibit 15, #26 Exhibit 16, #27 Exhibit 17, #28 Exhibit 18, #29 Exhibit 19, #30 Exhibit 20, #31 Exhibit 21, #32 Exhibit 22, #33 Exhibit 23, #34 Exhibit 24, #35 Exhibit 25 (part 1 of 2), #36 Exhibit 25 (part 2 of 2), #37 Exhibit 26 (part 1 of 2), #38 Exhibit 26 (part 2 of 2), #39 Exhibit 27, #40 Exhibit 28, #41 Exhibit 29)(Roaldi, Michael)
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Filing 198
EXHIBIT by Defendant Family Video Movie Club, Inc. regarding response in opposition to motion #197 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit)(Roaldi, Michael)
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Filing 197
RESPONSE by Family Video Movie Club, Inc.in Opposition to MOTION by Plaintiffs Erin Box, Natalie Hodorovych to certify class Plaintiffs' Motion for Class Certification Under the Illinois Minimum Wage Law #170 (Griswold, Joel)
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Filing 196
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action (Attachments: #1 Exhibit A)(Grzenczyk, Scott)
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Filing 195
MINUTE entry before Honorable John Z. Lee: By agreement of the parties' status hearing set for 6/19/12 at 11:00 a.m. is reset for 6/26/2012 at 11:00 AM.Mailed notice (ca, )
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Filing 194
MINUTE entry before Honorable John Z. Lee:This case having been reassigned to Judge Lee's calendar, the initial reassignment status hearing is set for June 19 at 11:00 a.m. Lead counsel is directed to appear at this status hearing. Parties shall prepare and file an Initial Reassignment Joint Status Report on or before Friday, June 15, 2012, and provide a courtesy copy to the Courtroom Deputy by 4:00 p.m. on that date. The requirements for an Initial Reassignment Joint Status Report can be found at Judge Lee's website. Plaintiff is to advise all other parties of the court's action herein. Mailed notice (ca, )
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Filing 193
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (Attachments: #1 Exhibit A)(Grzenczyk, Scott)
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Filing 192
EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on May 18, 2012, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John Z. Lee, therefore IT IS HEREBY ORDERED That the attached list of 323 cases be reassigned to the Honorable John Z. Lee IT IS FURTHER ORDERED that this order shall become effective on Tuesday, June 5, 2012. Case reassigned to the Honorable John Z. Lee for all further proceedings. Signed by Executive Committee on 6/1/2012. Mailed Notice (td, )
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Filing 191
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action (Attachments: #1 Exhibit A)(George, Matthew)
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Filing 190
MINUTE entry before Honorable Samuel Der-Yeghiayan: Status hearing set for 08/07/12 is stricken. All other dates previously set are to stand. Mailed notice (mw, )
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Filing 189
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action (Attachments: #1 Exhibit A - Opt In Consent Forms)(Grzenczyk, Scott)
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Filing 188
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action (Attachments: #1 Exhibit A - Opt In Consent Forms)(Grzenczyk, Scott)
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Filing 187
TRANSCRIPT OF PROCEEDINGS held on 3/7/2012 before the Honorable Jeffrey Cole. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/24/2012. Redacted Transcript Deadline set for 6/4/2012. Release of Transcript Restriction set for 8/1/2012. (Roth, Alexandra)
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Filing 186
MINUTE entry before Honorable Samuel Der-Yeghiayan: Motion hearing held. Plaintiff's motion for class certification #170 is entered and continued. Defendant's response shall be filed by 06/14/12 and Plaintiff's reply shall be filed by 07/19/12. Defendant's oral request for leave to file briefs in excess of 15 pages but not more than 30 pages is granted equally to Plaintiff. All dates previously set remain unchanged. Mailed notice (mw,)
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Filing 185
NOTICE by Erin Box, Natalie Hodorovych re declaration,,,, #174 Notice of Errata Regarding Exhibit 14 to the Declaration of Matthew B. George (Attachments: #1 Errata Exhibit 14 to Declaration of Matthew B. George (Dkt. # 174-14))(Kurowski, Daniel)
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Filing 184
DECLARATION of Jo Anna Williams regarding motion to certify class #170 (Kurowski, Daniel)
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Filing 183
DECLARATION of Yvette Wiesemann regarding motion to certify class #170 (Kurowski, Daniel)
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Filing 182
DECLARATION of Erin Thorp regarding motion to certify class #170 (Kurowski, Daniel)
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Filing 181
DECLARATION of Darin Stephenson regarding motion to certify class #170 (Kurowski, Daniel)
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Filing 180
DECLARATION of Laura Sage regarding motion to certify class #170 (Kurowski, Daniel)
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Filing 179
DECLARATION of Natalie Hodorovych regarding motion to certify class #170 (Kurowski, Daniel)
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Filing 178
DECLARATION of Chris Hanson regarding motion to certify class #170 (Kurowski, Daniel)
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Filing 177
DECLARATION of Erin Box regarding motion to certify class #170 (Kurowski, Daniel)
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Filing 176
DECLARATION of Jennifer Anderson regarding motion to certify class #170 (Kurowski, Daniel)
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Filing 175
SEALED DOCUMENT by Plaintiffs Erin Box, Natalie Hodorovych Confidential Exhibits 2, 3, 5, 6, 9, 13, 15, 20, 23, 26-29 to Declaration of Matthew B. George in Support of Plaintiffs' Motion for Class Certification (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 9, #6 Exhibit 13, #7 Exhibit 15, #8 Exhibit 20, #9 Exhibit 23, #10 Exhibit 26, #11 Exhibit 27, #12 Exhibit 28, #13 Exhibit 29)(Kurowski, Daniel)
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Filing 174
DECLARATION of Matthew B. George regarding motion to certify class #170 Declaration of Matthew B. George in Support of Plaintiffs' Motion for Class Certification (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Filed Separately Under Seal, #3 Exhibit 3 - Filed Separately Under Seal, #4 Exhibit 4, #5 Exhibit 5 - Filed Separately Under Seal, #6 Exhibit 6 - Filed Separately Under Seal, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 - Filed Separately Under Seal, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 - Filed Separately Under Seal, #14 Exhibit 14, #15 Exhibit 15 - Filed Separately Under Seal, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20 - Filed Separately Under Seal, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23 - Filed Separately Under Seal, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26 - Filed Separately Under Seal, #27 Exhibit 27 - Filed Separately Under Seal, #28 Exhibit 28 - Filed Separately Under Seal, #29 Exhibit 29 - Filed Separately Under Seal, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34)(Kurowski, Daniel)
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Filing 173
NOTICE of Motion by Daniel J. Kurowski for presentment of motion to certify class #170 before Honorable Samuel Der-Yeghiayan on 5/2/2012 at 09:00 AM. (Kurowski, Daniel)
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Filing 172
SEALED DOCUMENT by Plaintiffs Erin Box, Natalie Hodorovych [Unredacted] Memorandum of Law in Support of Plaintiffs' Motion for Class Certification (Kurowski, Daniel)
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Filing 171
MEMORANDUM by Erin Box, Natalie Hodorovych in support of motion to certify class #170 [Redacted] Memorandum of Law in Support of Plaintiffs' Motion for Class Certification (Kurowski, Daniel)
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Filing 170
MOTION by Plaintiffs Erin Box, Natalie Hodorovych to certify class Plaintiffs' Motion for Class Certification Under the Illinois Minimum Wage Law (Kurowski, Daniel)
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Filing 169
MINUTE entry before Honorable Samuel Der-Yeghiayan: Scott Grzencyzk's motion for leave to appear pro hac vice for Plaintiffs [ #165 ] is granted. Plaintiffs' unopposed motion for leave to file documents under seal [ #167 ] and unopposed motion for leave to file excess pages [ #167 ] is granted equally to Defendant. Noticed motion date of 04/25/12 is stricken. All other dates previously set remain unchanged. Mailed notice. (et, )
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Filing 168
NOTICE of Motion by Daniel J. Kurowski for presentment of motion for leave to file #167 before Honorable Samuel Der-Yeghiayan on 4/25/2012 at 09:00 AM. (Kurowski, Daniel)
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Filing 167
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for leave to file PLAINTIFFS UNOPPOSED MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL AND UNOPPOSED MOTION FOR LEAVE TO FILE EXCESS PAGES (Kurowski, Daniel)
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Filing 166
NOTICE of Motion by Scott Grzenczyk for presentment of motion to appear pro hac vice #165 before Honorable Samuel Der-Yeghiayan on 5/2/2012 at 09:00 AM. (Grzenczyk, Scott)
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Filing 165
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7066212. (Grzenczyk, Scott)
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Filing 164
Section 216(b) Notice by Family Video Movie Club, Inc. (Griswold, Joel)
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Filing 163
WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 4/11/2012: For the reasons stated below, the court approves Defendant's Proposed Notice as amended in accordance with this order. Defendant is ordered to file a revised notice consistent with this order by April 18, 2012. (For further details see Written Opinion). Mailed notice. (et, )
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Filing 162
MINUTE entry before Honorable Samuel Der-Yeghiayan: Motion hearing held. Parties' motion to amend the schedule #160 is granted as follows: Fact discovery shall be completed by 10/18/12. Motion for de-certification shall be filed by 11/01/12. Parties are to disclose and exchange expert witness reports by 11/27/12. All expert discovery shall be noticed in time to be completed by 01/11/13. Dispositive motions are to be filed by 02/08/13. Responses to dispositive motions, if any, are to be filed by 03/01/13 and replies, if any, are to be filed by 03/15/13. Status hearing reset to 08/07/12 at 9:00 a.m. Status hearing set for 06/28/12 is stricken. Mailed notice (mw,)
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Filing 161
NOTICE of Motion by Daniel J. Kurowski for presentment of motion to amend/correct #160 before Honorable Samuel Der-Yeghiayan on 4/11/2012 at 09:00 AM. (Kurowski, Daniel)
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Filing 160
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith, Defendant Family Video Movie Club, Inc. to amend/correct Joint Motion to Amend Schedule and Updated Joint Status Report (Kurowski, Daniel)
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Filing 159
ATTORNEY Appearance for Defendant Family Video Movie Club, Inc. by Michael Barrett Roaldi (Roaldi, Michael)
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Filing 158
OBJECTIONS by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to Response #157 to Defendant's Proposed Form of FLSA Notice and Opt-In Consent Form (George, Matthew)
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Filing 157
RESPONSE by Defendant Family Video Movie Club, Inc. to notice of filing #155 (Attachments: #1 Exhibit A - Alternate Proposed Notice, #2 Exhibit B - Alternate Proposed Consent)(Griswold, Joel)
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Filing 156
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action for Stacy L. Urbanowicz and Kary Klockenga (George, Matthew)
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Filing 155
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Filing of Plaintiffs Proposed FLSA Notice Pursuant to the Courts Order of February 22, 2012 (Attachments: #1 Exhibit A, #2 Exhibit B)(George, Matthew)
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Filing 154
MINUTE entry before Honorable Jeffrey Cole: Pursuant to my earlier order #153 counsel for the defendant timely submitted 7 pages of notes authored by Tim Reynolds who is, among other things, in-house counsel for the defendant. These documents appear in Family Video's privilege log. Having reviewed the documents, the designation as attorney work product seems appropriate.Mailed notice (jms, )
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Filing 153
MINUTE entry before Honorable Jeffrey Cole: Magistrate Judge Status hearing held. Motion hearing held. Plaintiff's motion to compel is granted in part and denied in part. Regarding interrogatories 3,4,6,7 is moot in light of defendant's agreement to supplement its answers by 3/21/2012. As the motion applies to two categories of documents that defendant agrees to produce, those documents shall be produced by 3/21/2012. The request for a sampling of class names and contact information of the potential Illinois class members and payroll data is denied without prejudice as premature. This ruling is based in part upon the position taken by counsel for the defendant. Plaintiff's request for polices and procedures as they relate to compensation as specified on page 11 of plaintiffs' supporting memorandum is granted. As to documents regarding "The Board" newsletters the defendant has already provided a sampling of several months of news letters and that is sufficient and thus the motion as it applies to "The Board" is denied. The court will review the 7 documents in the privilege log authored by Tim Reynolds. The documents are to be submitted to chambers by 3/12/2012. All future discovery disputes will be decided against the backdrop of Judge Easterbrook's panel opinion in Rickels v. City of South Bend, Indiana, 33 F.3d 785, 786-87 (7th Cir. 1994): "'The great operative principle of Rule 37(a)(4) is that the loser pays.' Charles Alan Wright & Arthur R. Miller, 8 Federal Practice and Procedure 2288 at 787 (1970). Fee shifting when the judge must rule on discovery disputes encourages their voluntary resolution and curtails the ability of litigants to use legal processes to heap detriments on adversaries (or third parties) without regard to the merits of the claims." (Parenthesis in original). See also United States Freight Co. v. Penn Cent. Transp. Co., 716 F.2d 954, 955 (2nd Cir.1983)("General deterrence, rather than mere remediation of the particular parties' conduct, is a goal under Rule 37; unconditional impositions of sanctions are necessary to deter 'other parties to other lawsuits' from flouting 'other discovery orders of other district courts.'"). Settlement conference is set for 6/26/2012 at 1:30 pm. All parties are directed to refer to and must review my "Instructions and Procedures for Settlement Conferences," available at "www.ilnd.uscourts.gov" and to comply with its directives before appearing at the settlement conference. Parties with FULL AUTHORITY to settle must be personally present at the conference. Participation by telephone will not be permitted as explained in my Instructions and Procedures for Settlement Conferences. Failure to comply with this requirement may result in a substantial monetary sanction and may necessitate the cancellation and resetting of the conference with the attendant additional costs associated with the rescheduled conference not only those of the noncompliant party, but also those incurred by the compliant party. As provided in the instructions, plaintiff's counsel shall deliver copies of the required settlement letters to chambers from both plaintiff and defendant by no later than (4) calendar days before the conference. All settlement documents must have protruding tabs separating exhibits or attachments, pursuant to Local Rule 5.2(e). Noncompliance with the 4-day Rule makes it difficult and often impossible for the conference to proceed effectively. Failure to comply with the 4-day Rule may necessitate cancellation of the conference. Parties cannot unilaterally agree to cancel a scheduled settlement conference. Permission not to proceed must be obtained from the court pursuant to written motion, and any party wishing to vary any of the procedures set forth in the standing order must make an appropriate request by written motion prior to the exchange of settlement letters described above. Mailed notice (jms, )
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Filing 152
RESPONSE by Defendant Family Video Movie Club, Inc. to motion to compel #142 (Griswold, Joel)
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Filing 151
STATUS Report Initial Joint Status Report by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (George, Matthew)
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Filing 150
MINUTE entry before Honorable Jeffrey Cole:Hearing on plaintiff's motion to compel #142 is set for 3/7/2012 at 08:30 AM. Status hearing to set a settlement conference date is set for 3/7/2012 at 08:30 AM. The parties are directed to submit copies of the motion to compel, supporting memoranda and any response to chambers by 3:00 pm on 3/5/2012.Mailed notice (jms, )
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Filing 149
NOTICE of Motion by Daniel J. Kurowski for presentment of motion to compel #142 before Honorable Jeffrey Cole on 3/2/2012 at 08:30 AM. (Kurowski, Daniel)
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Filing 148
MEMORANDUM Opinion Signed by the Honorable Samuel Der-Yeghiayan on 2/22/2012: Mailed notice (mw, )
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Filing 147
MINUTE entry before Honorable Samuel Der-Yeghiayan: For the reasons stated in the Court's memorandum opinion dated 02/22/12, Plaintiffs' motion for conditional certification of collective action under FLSA #68 is granted. Plaintiffs are directed to file their proposed notice by 03/15/12 and Defendant is given until 03/22/12 to file a memorandum explaining its objections to the proposed notice, if any. The Court hereby refers the action to the designated Magistrate Judge for discovery supervision and settlement conference as well as Plaintiffs' motion to compel discovery #142 .Plaintiffs' motion for amendment of the Court's scheduling order is denied. There is not sufficient justification for an extension at this juncture. Noticed motion date of 02/23/12 is stricken. All dates previously set on 08/04/11 are to stand. Mailed notice (mw, )
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Filing 146
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: Discovery Supervision, Plaintiffs' motion to compel #142 , and Settlement Conference. (mw, ) Mailed notice.
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Filing 145
DECLARATION of Matthew B. George regarding motion to compel #142 Discovery and for Amendment of the Court's Scheduling Order (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(George, Matthew)
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Filing 144
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith in support of motion to compel #142 Discovery and for Amendment of the Court's Scheduling Order (George, Matthew)
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Filing 143
NOTICE of Motion by Matthew B. George for presentment of motion to compel #142 before Honorable Samuel Der-Yeghiayan on 2/23/2012 at 09:00 AM. (George, Matthew)
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Filing 142
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to compel Discovery and for Amendment of the Court's Scheduling Order (George, Matthew)
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Filing 141
ATTORNEY Appearance for Defendant Family Video Movie Club, Inc. by John Thomas Roache (Roache, John)
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Filing 140
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith of Consent to Join Action for Jason Wallis (George, Matthew)
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Filing 139
DECLARATION of Emily Smith regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Emily Smith (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 138
DECLARATION of Daniel J. Kurowski regarding reply, #137 , reply to response to motion, #136 Declaration of Daniel J. Kurowski in Support of Plaintiffs Motion for Conditional Certification of Collective Action under the FLSA (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kurowski, Daniel)
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Filing 137
SEALED REPLY by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to memorandum in support of motion, #70 , MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to certify class Plaintiffs' Motion for Conditional Certification of Collective Action Under the Fair Labor Standards Act #68 [UNREDACTED] Plaintiffs Motion for Conditional Certification of Collective Action under the FLSA (Kurowski, Daniel)
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Filing 136
REPLY by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to memorandum in support of motion, #70 , MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to certify class Plaintiffs' Motion for Conditional Certification of Collective Action Under the Fair Labor Standards Act #68 [REDACTED] Plaintiffs Motion for Conditional Certification of Collective Action under the FLSA (Kurowski, Daniel)
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Filing 135
MINUTE entry before Honorable Samuel Der-Yeghiayan: Plaintiffs' unopposed motion for Leave to File Plaintiffs' Reply Brief and Supporting Exhibits Under Seal #133 is granted. Noticed motion date of 01/24/12 is stricken. All other dates previously set to stand. Mailed notice (mw, )
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Filing 134
Notice of Unopposed Motion NOTICE of Motion by Daniel J. Kurowski for presentment of motion for leave to file, motion to seal document,, #133 before Honorable Samuel Der-Yeghiayan on 1/24/2012 at 09:00 AM. (Kurowski, Daniel)
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Filing 133
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for leave to file, MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to seal document Unopposed Motion for Leave to File Plaintiffs Reply Brief and Supporting Exhibits Under Seal (Kurowski, Daniel)
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Filing 132
MINUTE entry before Honorable Samuel Der-Yeghiayan: Plaintiffs' unopposed motion for extension of time to file reply to their motion for class certification #130 is granted to and including 01/25/12. Noticed motion date of 01/17/12 is stricken. Mailed notice (mw, )
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Filing 131
Unopposed NOTICE of Motion by Daniel J. Kurowski for presentment of motion for extension of time to file response/reply,, motion for relief,,, #130 before Honorable Samuel Der-Yeghiayan on 1/17/2012 at 09:00 AM. (Kurowski, Daniel)
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Filing 130
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for extension of time to file response/reply as to response to motion, #129 , motion to certify class, #68 Unopposed Motion for Extension of Time to File Reply Brief (Kurowski, Daniel)
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Filing 129
RESPONSE by Family Video Movie Club, Inc. to MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to certify class Plaintiffs' Motion for Conditional Certification of Collective Action Under the Fair Labor Standards Act #68 (Griswold, Joel)
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Filing 128
MINUTE entry before Honorable Samuel Der-Yeghiayan: Defendant's motion for leave to file response brief in excess of 15 pages but not more than 38 pages #98 is granted equally to Plaintiff's reply brief. Mailed notice (mw, )
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Filing 127
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 55 (PART C)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 55 (PART C))(Griswold, Joel)
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Filing 126
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 55 (PARTS A, B)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 55 (PART A), #2 Exhibit 55 (PART B))(Griswold, Joel)
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Filing 125
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibits 53-54) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 53, #2 Exhibit 54)(Griswold, Joel)
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Filing 124
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 52 (PART C)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 52 (PART C))(Griswold, Joel)
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Filing 123
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 52 (PARTS A, B)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 52 (PART A), #2 Exhibit 52 (PART B))(Griswold, Joel)
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Filing 122
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibits 41-51) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 41, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44, #5 Exhibit 45, #6 Exhibit 46, #7 Exhibit 47, #8 Exhibit 48, #9 Exhibit 49, #10 Exhibit 50, #11 Exhibit 51)(Griswold, Joel)
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Filing 121
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibits 26-40) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35, #11 Exhibit 36, #12 Exhibit 37, #13 Exhibit 38, #14 Exhibit 39, #15 Exhibit 40)(Griswold, Joel)
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Filing 120
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibits 11-25) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21, #12 Exhibit 22, #13 Exhibit 23, #14 Exhibit 24, #15 Exhibit 25)(Griswold, Joel)
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Filing 119
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 10 (PART C)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 10 (PART C))(Griswold, Joel)
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Filing 118
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 10 (PARTS A, B)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 10 (PART A), #2 Exhibit 10 (PART B))(Griswold, Joel)
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Filing 117
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 9 (PARTS B, C)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 9 (PART B), #2 Exhibit 9 (PART C))(Griswold, Joel)
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Filing 116
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 9 (PART A)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 9 (PART A))(Griswold, Joel)
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Filing 115
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 8 (PART C)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 8 (PART C))(Griswold, Joel)
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Filing 114
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 8 (PARTS A, B)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 8 (PART A), #2 Exhibit 8 (PART B))(Griswold, Joel)
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Filing 113
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 7 (PART C)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 7 (PART C))(Griswold, Joel)
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Filing 112
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 7 (PARTS A, B)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 7 (PART A), #2 Exhibit 7 (PART B))(Griswold, Joel)
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Filing 111
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 6 (PART C)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 6 (PART C))(Griswold, Joel)
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Filing 110
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 6 (PARTS A, B) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 6 (PART A), #2 Exhibit 6 (PART B))(Griswold, Joel)
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Filing 109
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 5 (PARTS B, C)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 5 (PART B), #2 Exhibit 5 (PART C))(Griswold, Joel)
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Filing 108
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 5 (PART A)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 5 (PART A))(Griswold, Joel)
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Filing 107
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 4 (PART C)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 4 (PART C))(Griswold, Joel)
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Filing 106
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 4 (PART B)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 4 (PART B))(Griswold, Joel)
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Filing 105
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 4 (PART A)) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 4 (PART A))(Griswold, Joel)
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Filing 104
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 3) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 3)(Griswold, Joel)
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Filing 103
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 2 (PART C) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 2 (PART C))(Griswold, Joel)
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Filing 102
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 2 (PART B) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 2 (PART B))(Griswold, Joel)
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Filing 101
EXHIBIT by Defendant Family Video Movie Club, Inc. (Exhibit 2 (PART A) regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 2 (PART A))(Griswold, Joel)
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Filing 100
EXHIBIT by Defendant Family Video Movie Club, Inc. regarding MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum #98 (Attachments: #1 Exhibit 1)(Griswold, Joel)
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Filing 99
NOTICE of Motion by Joel Christopher Griswold for presentment of motion for leave to file #98 before Honorable Samuel Der-Yeghiayan on 1/12/2012 at 09:00 AM. (Griswold, Joel)
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Filing 98
MOTION by Defendant Family Video Movie Club, Inc. for leave to file , Instanter, Oversized Memorandum (Attachments: #1 Exhibit A - Response to Plaintiffs' Motion for Conditional Certification of Collective Action)(Griswold, Joel)
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Filing 97
MINUTE entry before Honorable Samuel Der-Yeghiayan: Motion hearing held. Plaintiffs' motion for class certification [ #68 ] is entered and continued. Defendant's response shall be filed by 01/06/12 and Plaintiffs' reply shall be filed by 01/18/12. Defendant's request for leave to file their memorandum in opposition in excess of 15 pages is granted not to exceed 25 pages equally to Plaintiffs' reply memorandum. Beata Brewster's motion for leave to withdraw as counsel for Defendant [ #94 ] is granted. Beata Brewster is given leave to withdraw as counsel for Defendant. All dates previously set remain unchanged. Mailed notice. (et, )
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Filing 96
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action of Emily Smith (Attachments: #1 Exhibit A)(Kurowski, Daniel)
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Filing 95
NOTICE of Motion by Beata Guzik Brewster for presentment of motion to withdraw as attorney #94 before Honorable Samuel Der-Yeghiayan on 12/7/2011 at 09:00 AM. (Brewster, Beata)
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Filing 94
MOTION by counsel for Defendant Family Video Movie Club, Inc. to withdraw as attorney (Routine) (Brewster, Beata)
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Filing 93
DECLARATION of Andrew Zigler regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Andrew Zigler (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 92
DECLARATION of Yvette Wiesemann regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Yvette Wiesemann (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 91
DECLARATION of Casey Turner regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Casey Turner (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 90
DECLARATION of Erin Thorp regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Erin Thorp (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 89
DECLARATION of Edward Strack regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Edward Strack (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 88
DECLARATION of Darin Stephenson regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Darin Stephenson (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 87
DECLARATION of Chris Sobek regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Chris Sobek (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 86
DECLARATION of Anissa Rubenalt regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Anissa Rubenalt (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 85
DECLARATION of Tricia Rawson regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Tricia Rawson (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 84
DECLARATION of David Ramirez regarding motion to certify class, #68 Declaration of Opt-In Plaintiff David Ramirez (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 83
DECLARATION of Cammie Myers regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Cammie Myers (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 82
DECLARATION of Joshua Kurtz regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Joshua Kurtz (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 81
DECLARATION of Carla Huebler regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Carla Huebler (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 80
DECLARATION of Rhonda Farabee regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Rhonda Farabee (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 79
DECLARATION of Adam Braunel regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Adam Braunel (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 78
DECLARATION of Kiel Barkdull regarding motion to certify class, #68 Declaration of Opt-In Plaintiff Kiel Barkdull (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 77
DECLARATION of Blake Brezinsky regarding motion to certify class, #68 Declaration of Plaintiff Blake Brezinsky (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 76
DECLARATION of Erin Box regarding motion to certify class, #68 Declaration of Plaintiff Erin Box (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 75
DECLARATION of Natalie Hodorovych regarding motion to certify class, #68 Declaration of Plaintiff Natalie Hodorovych (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 74
DECLARATION of Darvette Smith regarding motion to certify class, #68 Declaration of Plaintiff Darvette Smith (In Support of Plaintiffs' Motion for Conditional Certification) (Kurowski, Daniel)
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Filing 73
SEALED DOCUMENT by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Confidential Exhibits B, C, G, H, J, K, N, O, P to Declaration of Matthew B. George in Support of Motion for Conditional Certification of Collective Action Under the Fair Labor Standards Act (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit G, #4 Exhibit H, #5 Exhibit J, #6 Exhibit K, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P)(Kurowski, Daniel)
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Filing 72
DECLARATION of Matthew B. George regarding motion to certify class, #68 Declaration of Matthew B. George in Support of Motion for Conditional Certification of Collective Action Under the Fair Labor Standards Act (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Kurowski, Daniel)
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Filing 71
SEALED DOCUMENT by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Unredacted Memorandum of Law in Support of Motion for Conditional Certification of Collective Action Under the Fair Labor Standards Act (Filed Under Seal) (Kurowski, Daniel)
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Filing 70
MEMORANDUM by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith in support of motion to certify class, #68 Plaintiffs' Memorandum of Law in Support of Motion for Conditional Certification of Collective Action Under the Fair Labor Standards Act (Kurowski, Daniel)
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Filing 69
NOTICE of Motion by Daniel J. Kurowski for presentment of motion to certify class, #68 before Honorable Samuel Der-Yeghiayan on 11/29/2011 at 09:00 AM. (Kurowski, Daniel)
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Filing 68
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith to certify class Plaintiffs' Motion for Conditional Certification of Collective Action Under the Fair Labor Standards Act (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Plaintiffs' Motion for Conditional Certification of Collective Action)(Kurowski, Daniel)
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Filing 67
MINUTE entry before Honorable Samuel Der-Yeghiayan: Plaintiffs' motion for leave to file documents under seal #65 is granted. Noticed motion date of 11/15/11 is stricken. All other previously set dates remain unchanged. Mailed notice (mw, )
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Filing 66
NOTICE of Motion by Daniel J. Kurowski for presentment of motion for leave to file #65 before Honorable Samuel Der-Yeghiayan on 11/15/2011 at 09:00 AM. (Kurowski, Daniel)
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Filing 65
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith for leave to file Plaintiffs' Motion for Leave to File Documents Under Seal (Attachments: #1 Exhibit A - Agreed Protective Order)(Kurowski, Daniel)
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Filing 64
NOTICE by All Plaintiffs Notice of Consent to Join Action (Attachments: #1 Exhibit 1 - Consent to Join Action - R. Krahenbuhl)(Kurowski, Daniel)
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Filing 63
NOTICE by All Plaintiffs Notice of Consent to Join Action (Attachments: #1 Exhibit 1 - Consent to Join Action (K. Barkdull))(Kurowski, Daniel)
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Filing 62
NOTICE by Beata Guzik Brewster of Change of Address and Name (Attachments: #1 Certificate of Service)(Brewster, Beata)
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Filing 61
NOTICE by All Plaintiffs Notice of Consent To Join Action (Attachments: #1 Consent to Join Action - K. Coughanour, #2 Consent to Join Action - T. Brogan, #3 Consent to Join Action - D. Ramirez)(Kurowski, Daniel)
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Filing 60
AMENDED ANSWER and Affirmative Defenses to First Amended Class and Collective Action Complaint by Family Video Movie Club, Inc. (et, )
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Filing 59
AGREED PROTECTIVE Order Signed by the Honorable Samuel Der-Yeghiayan on 9/20/2011.(et, )
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Filing 58
MINUTE entry before Honorable Samuel Der-Yeghiayan: Motion hearing held. The parties' joint motion for entry of agreed protective order [ #53 ] is granted. Defendant's motion for leave to file amended answer and affirmative defenses to Plaintiff's amended complaint [ #51 ] is granted. All other previously set dates remain unchanged. (For further detail see separate order). Mailed notice. (et, )
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Filing 57
AMENDED NOTICE OF UNOPPOSED MOTION NOTICE of Motion by Joel Christopher Griswold for presentment of motion for leave to file, #51 before Honorable Samuel Der-Yeghiayan on 9/20/2011 at 09:00 AM. (Griswold, Joel)
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Filing 56
Amended Notice of Joint Motion NOTICE of Motion by Daniel J. Kurowski for presentment of motion for protective order, #53 before Honorable Samuel Der-Yeghiayan on 9/20/2011 at 09:00 AM. (Kurowski, Daniel)
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Filing 55
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (D. Stephenson))(George, Matthew)
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Filing 54
NOTICE OF JOINT MOTION NOTICE of Motion by Daniel J. Kurowski for presentment of motion for protective order, #53 before Honorable Samuel Der-Yeghiayan on 9/15/2011 at 09:00 AM. (Kurowski, Daniel)
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Filing 53
MOTION by Plaintiffs Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith, Defendant Family Video Movie Club, Inc. for protective order JOINT MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER (Attachments: #1 Exhibit A - [Proposed] Agreed Protective Order)(Kurowski, Daniel)
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Filing 52
(NOTICE OF UNOPPOSED MOTION) NOTICE of Motion by Joel Christopher Griswold for presentment of motion for leave to file, #51 before Honorable Samuel Der-Yeghiayan on 9/15/2011 at 09:00 AM. (Griswold, Joel)
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Filing 51
MOTION by Defendant Family Video Movie Club, Inc. for leave to file Amended Answer and Affirmative Defenses to First Amended Complaint (Attachments: #1 Exhibit A - Amended Answer and Affirmative Defenses to First Amended Complaint)(Griswold, Joel)
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Filing 50
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (D. Brantner))(George, Matthew)
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Filing 49
MEMORANDUM Opinion Signed by the Honorable Samuel Der-Yeghiayan on 8/4/2011. (et, )
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Filing 48
MINUTE entry before Honorable Samuel Der-Yeghiayan: Status hearing held and continued to 06/28/12 at 9:00 a.m. The Court adopts the parties' proposed dates as follows: Fact discovery to be completed by 04/13/12. Motion for class certification and/or decertification shall be filed by 04/27/12. Exchange of expert witness reports shall be served by 05/18/12. All expert discovery shall be noticed in time to be completed by 06/29/12. Dispositive motions are to be filed by 07/20/12. Responses to dispositive motions, if any, are to be filed by 08/10/12 and replies, if any, are to be filed by 08/24/12. For the reasons stated in the Court's memorandum opinion dated 08/04/11, Defendant's partial motion to dismiss [ #26 ] is granted and the motion to strike [ #26 ] is denied. (For further detail see separate order). Mailed notice (et, )
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Filing 47
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Rawson and Ripple))(George, Matthew)
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Filing 46
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Galloway and Zigler))(George, Matthew)
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Filing 45
AFFIDAVIT of Matthew B. George regarding status report #44 Joint Jurisdictional Status Report (George, Matthew)
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Filing 44
STATUS Report Joint Jurisdictional Status Report by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (George, Matthew)
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Filing 43
STATUS Report Joint Initial Status Report by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith (George, Matthew)
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Filing 42
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Burns and Thorp))(George, Matthew)
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Filing 41
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (A. Rubenalt))(George, Matthew)
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Filing 40
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (A. Sweeney))(George, Matthew)
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Filing 39
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (C. Sobeck))(George, Matthew)
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Filing 38
NOTICE by All Plaintiffs re response in opposition to motion,, #29 Notice of Supplemental Authority in Support of Plaintiffs' Response in Opposition to Motion to Dismiss and Strike (Attachments: #1 Exhibit A, #2 Exhibit B)(Kurowski, Daniel)
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Filing 37
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Thomas))(George, Matthew)
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Filing 36
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Braunel))(George, Matthew)
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Filing 35
REPLY by Defendant Family Video Movie Club, Inc. to motion to dismiss, motion to strike, motion for relief,,, #26 (Griswold, Joel)
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Filing 34
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Ashman))(George, Matthew)
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Filing 33
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Wiercinski))(George, Matthew)
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Filing 32
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Nowak))(George, Matthew)
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Filing 31
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Turner and Anderson))(George, Matthew)
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Filing 30
ATTORNEY Appearance for Defendant Family Video Movie Club, Inc. by Beata Guzik (Guzik, Beata)
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Filing 29
RESPONSE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smithin Opposition to MOTION by Defendant Family Video Movie Club, Inc. to dismiss Count III of First Amended ComplaintMOTION by Defendant Family Video Movie Club, Inc. to strike amended complaint #22 Rule 23 Class Alllegations of First Amended ComplaintMOTION by Defendant Family Video Movie Club, Inc. to strike amended complaint #22 Rule 23 Class Alllegations of First Amended Complaint #26 PLAINTIFFS' RESPONSE IN OPPOSITION TO MOTION TO DISMISS AND STRIKE (Kurowski, Daniel)
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Filing 28
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Block and Wiesemann))(George, Matthew)
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Filing 27
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Nastoff and Eiseler))(George, Matthew)
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Filing 26
MOTION by Defendant Family Video Movie Club, Inc. to dismiss Count III of First Amended Complaint, MOTION by Defendant Family Video Movie Club, Inc. to strike amended complaint #22 Rule 23 Class Alllegations of First Amended Complaint (Griswold, Joel)
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Filing 25
AFFIRMATIVE DEFENSES AND ANSWER to amended complaint by Family Video Movie Club, Inc.(Griswold, Joel)
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Filing 24
NOTICE by Erin Box, Blake Brezinsky, Natalie Hodorovych, Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Strack and Farabee))(George, Matthew)
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Filing 23
MINUTE entry before Honorable Samuel Der-Yeghiayan: Motion hearing held. Eric Gibbs', Dylan Hughes', and Matthew George's motions for leave to appear pro hac vice for Plaintiff #7 , #8 , #9 , #16 , #17 are granted. Plaintiff's motion to reset dates #20 is stricken as moot. Defendant is given until 05/26/11 to answer or otherwise plead to Plaintiffs' amended complaint. In the event Defendant moves to dismiss, in whole or part, Plaintiffs are given until 06/10/11 to file their response and Defendant is given until 06/20/11 to file its reply. Status hearing reset to 08/04/11 at 9:00 a.m. Status hearing set for 05/12/11 is stricken. Mailed notice. (et, )
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Filing 22
First AMENDED complaint by Darvette Smith, Natalie Hodorovych, Blake Brezinsky, Erin Box against Family Video Movie Club, Inc. First Amended Class and Collective Action Complaint (Attachments: #1 Exhibit A)(Kurowski, Daniel)
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Filing 21
NOTICE of Motion by Daniel J. Kurowski for presentment of motion to reset #20 before Honorable Samuel Der-Yeghiayan on 5/5/2011 at 09:00 AM. (Kurowski, Daniel)
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Filing 20
MOTION by Plaintiff Darvette Smith to reset Initial Status Hearing Unopposed Motion to Reset the Initial Status Hearing and Deadlines for Submitting the Initial Status Report and Joint Jurisdictional Status Report (Kurowski, Daniel)
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Filing 19
NOTICE by Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Myers))(George, Matthew)
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Filing 18
NOTICE by Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Brezinsky))(George, Matthew)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5909640. (George, Matthew)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5909601. (Gibbs, Eric)
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Filing 15
NOTICE by Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Kurtz))(George, Matthew)
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Filing 14
ANSWER to Complaint and AFFIRMATIVE DEFENSES by Family Video Movie Club, Inc.(Griswold, Joel)
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Filing 13
ATTORNEY Appearance for Defendant Family Video Movie Club, Inc. by Joel Christopher Griswold (Griswold, Joel)
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Filing 12
SUMMONS Returned Executed by Darvette Smith as to Family Video Movie Club, Inc. on 3/22/2011, answer due 4/12/2011. (Kurowski, Daniel)
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Filing 11
NOTICE by Darvette Smith Notice of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action (Huebler))(Kurowski, Daniel)
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Filing 10
NOTICE by Darvette Smith NOTICE OF CONSENT TO JOIN ACTION (Attachments: #1 Exhibit A - Consent to Join Action (Hodorovych))(Kurowski, Daniel)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5828767. (George, Matthew)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5828710. (Hughes, Dylan)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5828655. (Gibbs, Eric)
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Filing 6
MINUTE entry before Honorable Samuel Der-Yeghiayan: Initial status hearing set for 05/12/11 at 9:00 a.m. At least four working days before the initial status hearing, the parties shall conduct a FRCP 26(f) conference and file a joint written Initial Status Report, not to exceed five pages in length, and file the Court's Joint Jurisdictional Status Report and deliver courtesy copies to this Court's Courtroom Deputy in Room 1906. The Court's standing orders on the Initial Status Report and Joint Jurisdictional Status Report maybe obtained from Judge Der-Yeghiayan's web page or from this Court's Courtroom Deputy. Counsel for the Plaintiff is warned that failure to serve summons and complaint on Defendant will result in a dismissal of the action pursuant to FRCP 4. Counsel for Plaintiff is further directed to file with the Clerk of Court, the appropriate return of service or waiver of service. Mailed notice (mw,)
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Filing 5
ATTORNEY Appearance for Plaintiff Darvette Smith by Daniel J. Kurowski (Kurowski, Daniel)
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Filing 4
SUMMONS Issued as to Defendant Family Video Movie Club, Inc. (lw, )
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CASE ASSIGNED to the Honorable Samuel Der-Yeghiayan. Designated as Magistrate Judge the Honorable Jeffrey Cole. (mh, )
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Filing 3
ATTORNEY Appearance for Plaintiff Darvette Smith by Elizabeth A. Fegan (Fegan, Elizabeth)
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Filing 2
CIVIL Cover Sheet (Fegan, Elizabeth)
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Filing 1
COMPLAINT Collective Action Complaint filed by Darvette Smith; Jury Demand. Filing fee $ 350, receipt number 0752-5796799. (Attachments: #1 Exhibit A)(Fegan, Elizabeth)
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