Brown v. Club Assist Road Service US Inc
| Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers and Kenith Rodgers |
| Club Assist Road Service US Inc |
| 2Browns LLC, Jackson 24-7 Road Service, Inc., KDP Auto Repair & Emergency Roadside Service, Inc., Rapid Road Service, Inc. and Rodgers Emergency Roadside Assistance, Inc. |
| 1:2012cv05710 |
| July 20, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Robert M Dow |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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This docket was last retrieved on October 21, 2016. A more recent docket listing may be available from PACER.
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| As a housekeeping matter, this case was closed on 10/21/2016. Civil Case Terminated. (cdh, ) Modified on 4/5/2017 (cdh, ). |
| Filing 237 JUDGMENT IN A CIVIL CASE. Mailed notice(cdh, ) |
Filing 236
ORDER Signed by the Honorable Robert M. Dow, Jr. on 10/21/2016. Civil case terminated. Mailed notice(cdh, )
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| Filing 235 MINUTE entry before the Honorable Robert M. Dow, Jr: Fairness hearing held. Signed Order to follow. Mailed notice (cdh, ) |
| Filing 234 NOTICE of Motion by Sean Morales Doyle for presentment of motion for miscellaneous relief, #232 , motion for attorney fees, #233 before Honorable Robert M. Dow Jr. on 10/18/2016 at 11:00 AM. (Morales Doyle, Sean) |
| Filing 233 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for attorney fees (unopposed) (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)(Morales Doyle, Sean) |
| Filing 232 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers Final Approval of a Class Action Settlement (Joint Motion) (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 1-F, #8 Exhibit 1-G, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4)(Morales Doyle, Sean) |
| Filing 231 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held. Motion for preliminary approval #228 is granted. Fairness hearing is set for 10/18/2016 at 11:00 a.m. Parties to submit a proposed order to Proposed_Order_Dow@ilnd.uscourts.gov. Mailed notice (cdh, ) |
| Filing 230 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Unopposed motion for inclusion of an additional opt-in Plaintiff in the collective action #229 is granted. Motion for preliminary approval of a class settlement #228 is set for 7/7/2016 at 9:30 a.m. Mailed notice (cdh, ) |
| Filing 229 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers inclusion of an opt-in plaintiff (unopposed) (Morales Doyle, Sean) |
| Filing 228 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers preliminary approval of a class action settlement (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 1-F, #8 Exhibit 1-G, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12)(Morales Doyle, Sean) |
| Filing 227 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 7/6/2016 at 1:00 p.m. Settlement conference held off the record. Mailed notice (cdh, ) |
| Filing 226 MINUTE entry before the Honorable Robert M. Dow, Jr: At the request of the parties, a status hearing is set for 6/16/2016 at 9:45 a.m. Mailed notice (cdh, ) |
| Filing 225 MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and progress made. Counsel are to confer with clients about proposed language worked out at settlement conference and advise the Court whether the parties are agreed on all terms. Mailed notice (cdh, ) |
| Filing 224 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. By agreement of the parties, settlement conference is set for 4/6/2016 at 11:00 a.m. As discussed on the record, by 4/4/2016, parties are to submit their joint statements and versions on the remaining issue to Proposed_Order_Dow@ilnd.uscourts.gov. Mailed notice (cdh, ) |
| Filing 223 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 3/31/2016 at 9:00 a.m. Mailed notice (cdh, ) |
| Filing 222 MINUTE entry before the Honorable Robert M. Dow, Jr: On the Court's own motion, the status hearing set for 3/23/2016 at 9:00 a.m. is reset to 3/23/2016 at 9:15 a.m. (time change only). Mailed notice (cdh, ) |
| Filing 221 MINUTE entry before the Honorable Robert M. Dow, Jr: At the request of the parties, the status hearing set for 3/10/2016 is cancelled and reset to 3/23/2016 at 9:00 a.m. No appearances are necessary on 3/10/2016. Mailed notice (cdh, ) |
| Filing 220 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 3/10/2016 at 9:00 a.m. The parties' oral motions withdraw their pending motions [167, 171, 176] without prejudice and with leave to reinstate are granted. If a stipulation of dismissal is filed before the next status hearing, the hearing will be cancelled and the case closed. Mailed notice (cdh, ) |
| Filing 219 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. A back-up status hearing is set for 2/25/2016 at 9:00 a.m. Mailed notice (cdh, ) |
| Filing 218 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing and continued to 2/11/2016 at 9:15 a.m. Mailed notice (cdh, ) |
| Filing 217 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 2/4/2016 at 9:15 a.m. If a stipulation of dismissal is filed before the next status hearing, the hearing will be cancelled and the case closed. Mailed notice (cdh, ) |
| Filing 216 MINUTE entry before the Honorable Robert M. Dow, Jr: On 12/17/2015, counsel jointly notified the Court that they have reached an agreement and will need time to work-out the details. Accordingly, the pending and fully briefed cross-motions for summary judgment are suspended. If at any time the parties jointly would like the Court's assistance with settlement, they may contact the Court's Courtroom Deputy for a referral to Magistrate Judge Cole. For administrative purposes and in light of the pending motions on the Court's Biden report, a status hearing is set for 1/28/2016 at 9:00 a.m. If a stipulation of dismissal is filed before the next status hearing, the hearing will be cancelled and the case closed. Mailed notice (cdh, ) |
| Filing 215 MINUTE entry before the Honorable Jeffrey Cole:Settlement conference held. I would be remiss if I did not take special note of the parties and their counsel. The plaintiffs were represented by Sean Doyle and Michael Persoon of Despres, Swartz & Geoghegan, Ltd., and John Roache of Akerman LLP. They displayed a degree of excellence and courtesy and professionalism that is unfortunately rare in today's fractious atmosphere. Their conduct is proof that lawyers can act civilly and courteously in their dealings with opposing counsel without sacrificing in the slightest the obligations they owe to their clients. Nonetheless, despite their sincere efforts and those of their clients, the case is not settleable. All matters relating to the referral of this case having been resolved, the referral is closed and the case returned to Judge Dow. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, ) |
| Filing 214 MINUTE entry before the Honorable Jeffrey Cole: Settlement Conference set for 12/7/2015 at 12:00 PM in Courtroom 1003. The parties shall comply with this court's Standing Order for Settlement Conference, which appears on the court's website and which counsel must review. Plaintiff's counsel shall submit copies of both plaintiff's settlement demand letter as well as defendant's response letter to chambers, room 1010 by 12/4/2015. The parties are reminded that compliance with Local Rule 5.2 (d) and (f) is required and the parties' respective submissions must have exhibits separated by protruding tabs as required by Local Rule 5.2. Mailed notice (jms, ) |
| Filing 213 MINUTE entry before the Honorable Jeffrey Cole: The parties are directed to conference call the courtroom deputy at 312-408-5178 by 11/25/2015 to set a settlement conference date. The parties are directed to contact their respective clients in advance of the conference call to procure 3 or 4 dates that they and the principals are available for a settlement conference between 2/2/2016 and 2/25/2016. The court has many earlier dates available at 7:00 am if the parties wish to proceed then.Mailed notice (jms, ) |
| Filing 212 MINUTE entry before the Honorable Robert M. Dow, Jr: At the joint request of the parties, this case is referred to Magistrate Judge Cole for settlement conference. Mailed notice (cdh, ) |
| Filing 211 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. (cdh, )Mailed notice. |
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Filing 210
ORDER Signed by the Honorable Robert M. Dow, Jr on 11/12/2015: Kevin J. Butler's motion to withdraw appearance on behalf of the Defendant Club Assist Road Service U.S., Inc. #208 is granted. John T. Roache of Akerman LLP will continue to represent the defendant. No appearances are necessary on 11/17/2015. Mailed Notice.(gcy, )
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| Filing 209 NOTICE of Motion by Kevin James Butler for presentment of motion to withdraw as attorney #208 before Honorable Robert M. Dow Jr. on 11/17/2015 at 09:15 AM. (Butler, Kevin) |
| Filing 208 MOTION by Attorney Kevin J. Butler to withdraw as attorney for Club Assist Road Service US Inc. No party information provided (Butler, Kevin) |
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Filing 207
ORDER: Sara E. Fletcher's motion to withdraw her appearance on behalf of the Defendant #205 is granted. John T. Roache of Akerman LLP will continue to represent Defendant in the above-captioned action. No appearances are necessary on 11/10/2015. Signed by the Honorable Robert M. Dow, Jr on 11/2/2015. Mailed notice (tt, )
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| Filing 206 NOTICE of Motion by Sara Elizabeth Fletcher for presentment of motion to withdraw as attorney #205 before Honorable Robert M. Dow Jr. on 11/10/2015 at 09:15 AM. (Fletcher, Sara) |
| Filing 205 MOTION by Attorney Sara E. Fletcher to withdraw as attorney for Club Assist Road Service US Inc. No party information provided (Fletcher, Sara) |
| Filing 204 Consent to collective action by Nasir Rashid (Morales Doyle, Sean) |
| Filing 203 Consent to collective action by Keith Rodgers (Morales Doyle, Sean) |
| Filing 202 Consent to collective action by Rushdi Rashid (Morales Doyle, Sean) |
| Filing 201 Consents to collective action by Byron Jackson, Kaywan Palmer, Kenith Rodgers (Morales Doyle, Sean) |
| Filing 200 Consent to collective action by Maurice Brown (Morales Doyle, Sean) |
| Filing 199 MINUTE entry before the Honorable Robert M. Dow, Jr:Motion hearing held. Plaintiffs motion for leave to distribute a class notice #197 is granted. Ruling on the pending motions in this case will be deferred until 12/3 or thereafter. Mailed notice (cdh, ) |
| Filing 198 NOTICE of Motion by Sean Morales Doyle for presentment of motion for miscellaneous relief #197 before Honorable Robert M. Dow Jr. on 10/14/2015 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 197 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for leave to distribute class notices (Attachments: #1 Exhibit A)(Morales Doyle, Sean) |
| Filing 196 RESPONSE by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgersin Opposition to MOTION by Defendant Club Assist Road Service US Inc for summary judgment #171 (Response to Supplemental Authority) (Attachments: #1 Exhibit A, #2 Exhibit B)(Morales Doyle, Sean) |
| Filing 195 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant's motion for leave to file supplemental authority #193 is granted. Plaintiffs are given until 9/24/2015 to file a response brief of no more than 8 pages. The parties are advised that the Court has a lengthy draft opinion in progress to resolve all pending motions. After reviewing the submissions on the supplemental authority, the Court will advise the parties whether it wishes to set an oral argument prior to issuing the ruling. Notice of motion date of 9/15/2015 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) |
| Filing 194 NOTICE of Motion by John Thomas Roache for presentment of motion for leave to file #193 before Honorable Robert M. Dow Jr. on 9/15/2015 at 08:45 AM. (Roache, John) |
| Filing 193 MOTION by Defendant Club Assist Road Service US Inc for leave to file Supplemental Authority (Attachments: #1 Exhibit Exhibits A-C)(Roache, John) |
| Filing 192 NOTICE by John Thomas Roache of Change of Address (Roache, John) |
| Filing 191 RULE 56 (a) Statement by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers regarding motion for partial summary judgment #176 (Attachments: #1 Exhibit T, #2 Exhibit U)(Morales Doyle, Sean) |
| Filing 190 REPLY by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to motion for partial summary judgment #176 (Morales Doyle, Sean) |
| Filing 189 RESPONSE by Defendant Club Assist Road Service US Inc to Plaintiffs' Local Rule 56.1(B)(3) Statement of Additional Facts (Roache, John) |
| Filing 188 REPLY by Defendant Club Assist Road Service US Inc to motion for summary judgment #171 (Roache, John) |
| Filing 187 MINUTE entry before the Honorable Robert M. Dow, Jr: Club Assist Road Services U.S., Inc.'s unopposed motion for leave to file amended response brief in opposition to Plaintiffs' motion for summary judgment #185 is granted and no appearances are necessary on 5/21/2015. Mailed notice (cdh, ) |
| Filing 186 NOTICE of Motion by John Thomas Roache for presentment of motion for leave to file #185 before Honorable Robert M. Dow Jr. on 5/21/2015 at 09:15 AM. (Roache, John) |
| Filing 185 MOTION by Defendant Club Assist Road Service US Inc for leave to file Amended Response Brief in Opposition to Plaintiffs' Motion for Summary Judgment (Unopposed) (Roache, John) |
| Filing 184 RULE 56 56.1(b)(3) Statement by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers regarding motion for summary judgment #171 (Attachments: #1 Exhibit R, #2 Exhibit S)(Morales Doyle, Sean) |
| Filing 183 RESPONSE by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgersin Opposition to MOTION by Defendant Club Assist Road Service US Inc for summary judgment #171 (Morales Doyle, Sean) |
| Filing 182 RESPONSE by Defendant Club Assist Road Service US Inc to Plaintiffs' 56.1(a)(3) Statement and Statement of Additional Facts Pursuant to Local Rule 56.1(b)(3) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Roache, John) |
| Filing 181 RESPONSE by Defendant Club Assist Road Service US Inc in Opposition to Plaintiffs' Motion for Summary Judgment (Roache, John) |
| Filing 180 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant's unopposed motion for leave to file an oversized brief instanter #173 is granted and no appearances are necessary on 4/21/2015. Mailed notice (cdh, ) |
| Filing 179 RESPONSE by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers in Opposition to motion for reconsideration, motion for relief,,, #167 (Morales Doyle, Sean) Docket Text Modified by Clerk's Office on 4/17/2015 (as, ). |
| Filing 178 RULE 56 56.1(a)(3) Statement by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers regarding motion for partial summary judgment #176 (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)(Morales Doyle, Sean) |
| Filing 177 MEMORANDUM by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers in support of motion for partial summary judgment #176 (Morales Doyle, Sean) |
| Filing 176 MOTION by Plaintiffs Rushdi Rashid, Nasir Rashid, Maurice Brown, Kenith Rodgers, Kaywan Palmer, Keith Rodgers, Byron Jackson for partial summary judgment (Morales Doyle, Sean) |
| Filing 175 SEALED EXHIBIT by Defendant Club Assist Road Service US Inc regarding statement #172 (Roache, John) |
| Filing 174 NOTICE of Motion by John Thomas Roache for presentment of motion for leave to file #173 before Honorable Robert M. Dow Jr. on 4/21/2015 at 09:15 AM. (Roache, John) |
| Filing 173 MOTION by Defendant Club Assist Road Service US Inc for leave to file Oversized Brief (Attachments: #1 Exhibit A)(Roache, John) |
| Filing 172 Rule 56.1 Fact STATEMENT by Club Assist Road Service US Inc (Attachments: #1 Exhibit List, #2 Exhibit 1-2, #3 Exhibit 3-4, #4 Exhibit 5-7, #5 Exhibit 8-9, #6 Exhibit 10-11)(Roache, John) |
| Filing 171 MOTION by Defendant Club Assist Road Service US Inc for summary judgment (Roache, John) |
| Filing 170 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant's motion for reconsideration #167 is taken under advisement; Plaintiffs' response is due on 4/16/2015. The Court will issue a ruling by mail. Notice of motion date of 4/2/2015 is stricken and no appearances are necessary on that date. The Court will either issue a ruling by mail or set the matter for status hearing and an oral ruling. Mailed notice (cdh, ) |
| Filing 169 NOTICE of Motion by John Thomas Roache for presentment of motion for reconsideration, motion for relief,,, #167 before Honorable Robert M. Dow Jr. on 4/2/2015 at 09:15 AM. (Roache, John) |
| Filing 168 MEMORANDUM by Club Assist Road Service US Inc in support of motion for reconsideration, motion for relief,,, #167 (Roache, John) |
| Filing 167 MOTION by Defendant Club Assist Road Service US Inc for reconsideration regarding order on motion to strike,,, order on motion to certify class,,, order on motion to dismiss,,, terminate motions,, #166 (Roache, John) |
| Filing 166 MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr on 3/13/2015. For the reasons stated within the Memorandum Opinion and Order, the Court denies Plaintiffs' motion to strike the third-party complaint #131 , grants Plaintiffs motion for class certification #142 , and grants in part Defendant's motion to dismiss certain opt-in plaintiffs #146 . With respect to Plaintiffs' motion for class certification, the Court certifies a Rule 23(b)(3) class of all persons performing emergency road services for Club Assist in the state of Illinois since July 20, 2009 who are entitled to wages under the IMWL and entitled to recover deductions from their wages pursuant the IWPCA. Mailed notice(cdh, ) |
| Filing 165 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for inclusion of an additional opt-in plaintiff in the collective action #163 is granted. Notice of Motion date of 11/25/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 164 NOTICE of Motion by Sean Morales Doyle for presentment of motion for miscellaneous relief, #163 before Honorable Robert M. Dow Jr. on 11/25/2014 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 163 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for inclusion of an additional opt-in plaintiff in the collective action (unopposed) (Attachments: #1 Exhibit A)(Morales Doyle, Sean) |
| Filing 162 MINUTE entry before the Honorable Jeffrey Cole: Status hearing held. The parties report they are working through their issues regarding outstanding requests to admit. Discovery is closed and the parties report that the case is not settleable at this point in time. All matters relating to the referral of this case having been completed, the case is returned to Judge Dow. If the parties cannot resolve the issues involved in the requests to admit, they should call chambers and arrange for a conference with the court. 312-435-5601. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, ) |
| Filing 161 REPLY by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to memorandum in support of motion, #143 , motion to certify class #142 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Morales Doyle, Sean) |
| Filing 160 MINUTE entry before the Honorable Jeffrey Cole: At the parties' telephonic request, the in chambers discovery conference set for 10/17/14 is cancelled as the parties have resolved most of the issues and are hopeful they can resolve the reset independently. Should they not be able to, they should not hesitate to call chambers at 312-435-5601 to schedule a further conference.Mailed notice (jms, ) |
| Filing 159 MINUTE entry before the Honorable Jeffrey Cole:Status hearing held and continued to 11/14/2014 at 08:30 AM. Plaintiff's oral motion to extend discovery pending ruling on the motion to dismiss certain opt-in plaintiffs by Judge Dow is granted. Conference regarding the stipulations is set for 10/17/2014 at 12:00 p.m.Mailed notice (jms, ) |
| Filing 158 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Defendant Club Assist Road Service US Inc for leave to file #155 Substitute Exhibit is granted. Notice of Motion date of 9/30/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 157 REPLY by Defendant Club Assist Road Service US Inc in Support of Motion to Dismiss Certain Opt-In Plaintiffs (Roache, John) |
| Filing 156 NOTICE of Motion by John Thomas Roache for presentment of motion for leave to file #155 before Honorable Robert M. Dow Jr. on 9/30/2014 at 09:15 AM. (Roache, John) |
| Filing 155 MOTION by Defendant Club Assist Road Service US Inc for leave to file Substitute Exhibit (Roache, John) |
| Filing 154 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Defendant Club Assist Road Service US Inc for leave to file excess pages Instanter #151 is granted. Notice of Motion date of 9/25/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 153 NOTICE of Motion by John Thomas Roache for presentment of (Roache, John) |
| Filing 152 NOTICE of Motion by John Thomas Roache for presentment of motion for leave to file excess pages, #151 before Honorable Robert M. Dow Jr. on 9/25/2014 at 09:15 AM. (Roache, John) |
| Filing 151 MOTION by Defendant Club Assist Road Service US Inc for leave to file excess pages Instanter (Unopposed) (Attachments: #1 Exhibit A (Part 1 of 5), #2 Exhibit A (Part 2 of 5), #3 Exhibit A (Part 3 of 5), #4 Exhibit A (Part 4 of 5), #5 Exhibit A (Part 5 of 5))(Roache, John) |
| Filing 150 RESPONSE by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgersin Opposition to MOTION by Defendant Club Assist Road Service US Inc to dismiss certain Opt-In Plaintiffs #146 (Attachments: #1 Exhibit A)(Persoon, Michael) |
| Filing 149 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Defendant Club Assist Road Service US Inc to dismiss certain Opt-In Plaintiffs #146 is taken under advisement; response due by 9/18/2014; reply due by 9/25/2014; ruling will be by mail. Mailed notice (tbk, ) |
| Filing 148 MINUTE entry before the Honorable Jeffrey Cole: Motion hearing held. Defendant's motion for additional discovery #140 is granted in part and denied in part: Defendants may take 3 additional depositions which should not exceed 4 hours each, unless necessary. The 3 remaining depositions of defendant's original 10 shall have the time specified in Rule 30(d)(1). The defendant's proposed additional interrogatories are not allowed, as explained in court. Defendant's observations and proposed motion regarding those opt-ins who have not responded to discovery is a matter initially for Judge Dow since a request for dismissal of their cases as a discovery sanction is a dispositive matter which is beyond the authority of a magistrate judge to decide. Of course Judge Dow may conclude that the matter should be here for a Report and Recommendation. That is a matter for him to decide. Status hearing set held and continued to 9/30/2014 at 08:30 AM.Mailed notice (jms, ) |
| Filing 147 NOTICE of Motion by Sara Elizabeth Fletcher for presentment of motion to dismiss #146 before Honorable Robert M. Dow Jr. on 9/4/2014 at 09:15 AM. (Fletcher, Sara) |
| Filing 146 MOTION by Defendant Club Assist Road Service US Inc to dismiss certain Opt-In Plaintiffs (Attachments: #1 Exhibit A)(Fletcher, Sara) |
| Filing 145 RESPONSE by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgersin Opposition to MOTION by Defendant Club Assist Road Service US Inc for discovery #140 (Attachments: #1 Exhibit A-C)(Persoon, Michael) |
| Filing 144 MINUTE entry before the Honorable Jeffrey Cole: Defendant was unable to appear due to transportation issues with the train. The court was unable to contact defendant at the telephone number he supplied. Status hearing held and continued to 8/28/2014 at 08:30 AM at which time the motion for leave to take additional discovery will be decided. The opponent of the motion may, of course, file a response so long as it is filed sufficiently in advance of the 8/28/14 hearing date. The parties are urged to try to resolve the issue that is the subject of the motion and in doing so, perhaps should review O'Toole v. Sears Roebuck and Co.,2014 WL 1388660, 2 (N.D.Ill. 2014). Mailed notice (jms, ) |
| Filing 143 MEMORANDUM by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers in support of motion to certify class #142 (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)(Morales Doyle, Sean) |
| Filing 142 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to certify class Responses due by 9/22/2014 (Morales Doyle, Sean) |
| Filing 141 NOTICE of Motion by Sara Elizabeth Fletcher for presentment of motion for discovery #140 before Honorable Jeffrey Cole on 8/28/2014 at 08:30 AM. (Fletcher, Sara) |
| Filing 140 MOTION by Defendant Club Assist Road Service US Inc for discovery (Attachments: #1 Exhibit A-F)(Fletcher, Sara) |
| Filing 139 MINUTE entry before the Honorable Jeffrey Cole: Status hearing held and continued to 8/25/2014 at 08:30 AM. Motion hearing held. Plaintiffs' unopposed motion for a two week extension of time to 8/18/2014 to respond to discovery #137 is granted. The joint oral motion for a fifth extension to 9/19/2014 to complete discovery is granted. In light of these extensions, the briefing schedule entered by Judge Dow will have to be adjusted as follows: Plaintiff is given to 8/22/2014 to file its motion for class certification. Response is to be filed by 9/22/2014. Reply is to be filed 10/22/2014. As I read Judge Dow's earlier order setting for the briefing schedule, I have the authority to alter his dates. Mailed notice (jms, ) |
| Filing 138 NOTICE of Motion by Michael Paul Persoon for presentment of extension of time #137 before Honorable Jeffrey Cole on 8/6/2014 at 08:30 AM. (Persoon, Michael) |
| Filing 137 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for extension of time to respond to discovery (Persoon, Michael) |
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Filing 136
ORDER: The parties have submitted proposed briefing schedules for class certification and partial summary judgment. See #134 . For the reasons explained below, the Court sets the following briefing schedule: Plaintiffs to re-file their motion for class certification and accompanying brief in support by August 8, 2014; Defendant to file its response brief by September 8, 2014;Plaintiffs to file their reply by October 8, 2014. No extensions will be given absent a showing of good cause or by order of Magistrate Judge Cole if additional time is needed to account for any discovery that may be necessary on the class issues. Briefs may not exceed 25 pages. Ruling will be by mail. All motions for summary judgment, opening briefs, and other materials in support will be due 30 days after the Court's resolution of the class certification motion; responses will be due 30 days after the motions are filed; replies will be due 30 days after the responses are filed. No extensions will be given absent a showing of good cause. Summary judgment briefs may not exceed 25 pages. Ruling will be by mail. Signed by the Honorable Robert M. Dow, Jr on 7/24/2014. Mailed notice(tbk, )
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| Filing 135 MINUTE entry before the Honorable Jeffrey Cole: The minute entry of 7/14/2014 #133 is corrected as follows: Status hearing held and continued to 8/5/2014 at 08:30 AM. Defendants oral request to continue with class discovery pending the the motions for summary judgment is granted in part and denied in part in light of Judge Dow's order of May 28, 2014 advising the parties "to work together and with Magistrate Judge Cole to focus discovery efforts on matters of relevance to anticipated cross-motions for summary judgment and to defer any additional discovery until after the court's ruling on those motions." 124. PLAINTIFFS shall answer the first round of outstanding written discovery requests by 7/28/2014 as discussed today. Defendants oral motion to take 3 depositions (for a total of 10) is granted. If any issues arise during depositions, the parties are urged to call chambers at 312-435-5601. The plaintiff's oral motion to limit the duration of the remaining depositions is denied.Mailed notice (jms, ) |
| Filing 134 STATUS Report (joint) by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers (Persoon, Michael) |
| Filing 133 MINUTE entry before the Honorable Jeffrey Cole: Status hearing held and continued to 8/5/2014 at 08:30 AM. Plaintiffs' oral request to continue with class discovery pending the the motions for summary judgment is granted in part and denied in part in light of Judge Dow's order of May 28, 2014 advising the parties "to work together and with Magistrate Judge Cole to focus discovery efforts on matters of relevance to anticipated cross-motions for summary judgment and to defer any additional discovery until after the court's ruling on those motions." #124 . Defendant shall answer the first round of outstanding written discovery requests by 7/28/2014 as discussed today. Plaintiff's oral motion to take 3 depositions (for a total of 10) is granted. If any issues arise during depositions, the parties are urged to call chambers at 312-435-5601. The plaintiff's oral motion to limit the duration of the remaining depositions is denied.Mailed notice (jms, ) |
| Filing 132 MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' Motion to strike #75 is stricken without prejudice. Mailed notice (tbk, ) |
| Filing 131 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to strike (Attachments: #1 Exhibit A)(Geoghegan, Thomas) |
| Filing 130 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 7/1/2014. MOTION by Plaintiffs for inclusion of certain people in the collective action #126 is granted. Plaintiffs agrees to refile MOTION to strike #75 third party complaint #65 . After Plaintiff refiles its motion to strike, the prior motion #75 will be stricken without prejudice. As discussed on the record, by 7/15/2014 the parties to file a joint status report that sets out dates for any discovery needed and deadlines and page limitations on motions to be filed. Mailed notice (tbk, ) |
| Filing 129 MINUTE entry before the Honorable Jeffrey Cole: Sua sponte, status hearing date of 7/8/2014 is reset for 7/14/2014 at 08:30 AM.Mailed notice (jms, ) |
| Filing 128 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for inclusion of certain people in the collective action #126 is entered and continued to 7/1/2014 at 11:00a.m. Mailed notice (tbk, ) |
| Filing 127 NOTICE of Motion by Sean Morales Doyle for presentment of motion for miscellaneous relief, #126 before Honorable Robert M. Dow Jr. on 6/17/2014 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 126 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for inclusion of certain people in the collective action (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Morales Doyle, Sean) |
| Filing 125 MINUTE entry before the Honorable Jeffrey Cole:Status hearing held on and continued to 7/8/2014 at 08:30 AM. Plaintiff's oral motion for a fourth extension of the discovery cut off is granted. All fact discovery shall be completed by 8/31/2014. Defendant's oral motion to shorten the time to respond to certain written discovery is denied. The parties are urged to contact chambers at 312-435-5601 if any issues arise during depositions.Mailed notice (jms, ) |
| Filing 124 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Counsel indicate that the next step in this litigation will be cross-motions for summary judgment on issue of whether Plaintiffs are employees of Defendant. The Court advises the parties to work together and with Magistrate Judge Cole to focus discovery efforts on matters of relevance to anticipated cross- motions for summary judgment and to defer any additional discovery until after the Court's ruling on those motions. Further status set for 7/1/2014 at 11:00 a.m. Counsel are requested to confer in advance of the status hearing on briefing schedules for cross-motions for summary judgment and any discovery that either side may request pursuant to FRCP 56(d). Mailed notice (tbk, ) |
| Filing 123 MINUTE entry before the Honorable Jeffrey Cole: Sua sponte, status hearing date of 6/5/2014 is reset for 6/3/2014 at 08:30 AM.Mailed notice (jms, ) |
| Filing 122 MINUTE entry before the Honorable Jeffrey Cole: Status hearing held on 5/22/14 and continued to 6/5/14 at 9:30 am. Parties to confer regarding an extension of the discovery schedule and report back to the court at the next status hearing. Mailed notice (tlp, ) |
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Filing 121
ORDER; Plaintiffs were given until 5/21/2014 to show cause why the names of the opt-in Plaintiffs should remain under seal. No response to the rule to show cause having been filed, the Clerk of the Court is directed to lift the seal on Sealed Documents #103 and #119 . Signed by the Honorable Robert M. Dow, Jr on 5/22/2014. Mailed notice.(ea, )
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| Filing 120 MEMORANDUM OPINION AND ORDER: For the reasons stated, the Court grants the motion to supplement #114 and denies the motion for preliminary injunction, tomaintain documents under seal, and to extend opt-in period #105 . Plaintiffs are given until 5/21/2014 to show cause why the names of the opt-in Plaintiffs should remain under seal. This matter is set for status on 5/28/2014 at 10:30 a.m. The parties should be prepared to discuss Plaintiffs outstanding motion to strike Defendants third-party complaint #75 with the Court at that time. Signed by the Honorable Robert M. Dow, Jr on 5/12/2014. Mailed notice(tbk, ) |
| Filing 119 SEALED DOCUMENT by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers (pursuant to Order at Doc 98) (Attachments: #1 Exhibit A, #2 Certificate of Service)(Morales Doyle, Sean) |
| Filing 118 RESPONSE by Defendant Club Assist Road Service US Inc to motion to supplement, #114 Record (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Roache, John) |
| Filing 117 MINUTE entry before the Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 5/22/2014 at 09:30 AM.Mailed notice (jms, ) |
| Filing 116 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to supplement #114 is taken under advisement, briefing schedule in place #113 . Notice of Motion date of 3/25/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 115 NOTICE of Motion by Sean Morales Doyle for presentment of motion to supplement, #114 before Honorable Robert M. Dow Jr. on 3/25/2014 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 114 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to supplement (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Morales Doyle, Sean) |
| Filing 113 MINUTE entry before the Honorable Robert M. Dow, Jr: Preliminary Injunction hearing held on 3/12/2014. Plaintiffs are to submit their motion for leave to supplement the record with affidavits by 3/19/2014; Defendants are to respond to the motion by 4/2/2014. The Court will issue a ruling on the motion for preliminary injunction by mail as soon as possible following the receipt of the parties' supplemental submissions noted above. Mailed notice (tbk, ) |
| Filing 112 JOINT Pre-Hearing Submission by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers (pursuant to Order at Doc 108) (Morales Doyle, Sean) |
| Filing 111 RESPONSE by Club Assist Road Service US Incin Opposition to MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for preliminary injunction , to maintain documents under seal, and to extend opt-in period #105 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Roache, John) |
| Filing 110 MEMORANDUM by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers in support of motion for preliminary injunction #105 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Morales Doyle, Sean) |
| Filing 109 MINUTE entry before the Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 3/27/2014 at 09:30 AM. Defendant shall produce an additional 2 months of emails as outlined in open court with a privilege log by 3/31/2014. Mailed notice (jms, ) |
| Filing 108 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for preliminary injunction, to maintain documents under seal, and to extend opt-in period #105 is set for hearing on 3/12/2014 at 10:00a.m. Plaintiffs to file their memorandum in support by 2/27/2014; Defendant's response due by 3/7/2014. As discussed on the record, a witness list and confirmation of length of hearing to be filed by 3/11/2014. Notice of Motion date of 2/25/2014 is stricken and no appearances are necessary on that date Mailed notice (tbk, ) |
| Filing 107 NOTICE of Motion by Sean Morales Doyle for presentment of motion for preliminary injunction #105 before Honorable Robert M. Dow Jr. on 2/25/2014 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 106 MINUTE entry before the Honorable Jeffrey Cole: Status hearing held on 2/19/2014. Status hearing continued to 2/26/2014 at 9:30 a.m. on whether there needs to be additional production as stated in open Court. Discovery cutoff is extended to 7/31/2014. Mailed notice (yp, ) |
| Filing 105 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for preliminary injunction , to maintain documents under seal, and to extend opt-in period (Morales Doyle, Sean) |
| Filing 104 ATTORNEY Appearance for Defendant Club Assist Road Service US Inc by Kevin James Butler (Butler, Kevin) |
| Filing 103 SEALED DOCUMENT by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers (pursuant to Order at Doc 98) (Attachments: #1 Exhibit A, #2 Certificate of Service)(Morales Doyle, Sean) |
| Filing 102 NOTICE of Correction regarding entry #99 . (ph, ) |
| Filing 101 MINUTE entry before the Honorable Robert M. Dow, Jr: Docket entry #99 was entered in error and is ordered removed from the docket. Mailed notice (tbk, ) |
| Filing 100 ENTER ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502. Signed by the Honorable Robert M. Dow, Jr on 1/30/2014. Mailed notice(tbk, ) |
| Filing 99 DOCUMENT REMOVED PER COURT ORDER OF 2/13/2014.Mailed notice(tbk, ) (Main Document 99 replaced on 2/3/2014) (ph, ). Modified on 2/3/2014 (ph, ). |
| Filing 98 ENTER ORDER: For the reasons stated on the record in open court, Plaintiffs motion for leave to communicate with prospective class members and to extend opt-in deadline for certain class members #84 is granted in part and denied in part; Plaintiffs motion for leave to communicate with class members via e-mail and to extend opt-in deadline #94 is granted in part and denied in part; and Defendants unopposed motion for entry of Rule 502 order #96 is granted, with order to follow. Counsel for Plaintiff shall file by 2/3/2014 under seal and for attorneys eyes only the names of the prospective opt-in Plaintiffs who timely returned their consent forms. This case is set for further status on 2/20/2014 at 10:00 a.m. Please see below for other important details. Signed by the Honorable Robert M. Dow, Jr on 1/30/2014. Mailed notice(tbk, ) |
| Filing 97 NOTICE of Motion by John Thomas Roache for presentment of motion for miscellaneous relief #96 before Honorable Jeffrey Cole on 1/30/2014 at 08:30 AM. (Roache, John) |
| Filing 96 MOTION by Defendant Club Assist Road Service US Inc UNOPPOSED MOTION FOR ENTRY OF ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502 (Roache, John) |
| Filing 95 NOTICE of Motion by Sean Morales Doyle for presentment of motion for miscellaneous relief, #94 before Honorable Robert M. Dow Jr. on 1/30/2014 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 94 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers for leave to communicate with class members via email and to extend opt-in deadline (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Morales Doyle, Sean) |
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Filing 93
ORDER Signed by the Honorable Jeffrey Cole on January 23, 14. Mailed notice(ph, )
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| Filing 92 MINUTE entry before the Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 2/19/2014 at 09:30 AM for a third report on completion of email discovery. Plaintiff's oral motion to compel email production is granted in part, as discussed in court. The parties shall submit an agreed order setting for the rulings today.Mailed notice (jms, ) |
| Filing 91 RESPONSE by Club Assist Road Service US Incin Opposition to MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgersfor leave to communicate with prospective class members and to extend opt-in deadline for certain class members #84 (Roache, John) |
| Filing 90 REPLY by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to response in opposition to motion, #86 (Persoon, Michael) |
| Filing 89 MEMORANDUM by Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers in support of motion for miscellaneous relief, #84 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Morales Doyle, Sean) |
| Filing 88 MINUTE entry before the Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 1/21/2014 at 09:30 AM for a report on progress of email discovery.Mailed notice (jms, ) |
| Filing 87 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgersfor leave to communicate #84 with prospective class members and to extend opt-in deadline for certain class members is taken under advisement. Plaintiffs to file supplemental memorandum of law by 12/23/2013; defendant's response due by 1/10/2014. As discussed in open court, Parties to notify the Court by 1/23/2014 whether they've reached an agreement. Mailed notice (tbk, ) |
| Filing 86 RESPONSE by Club Assist Road Service US Incin Opposition to MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to strike third party complaint, #65 #75 (Roache, John) |
| Filing 85 NOTICE of Motion by Sean Morales Doyle for presentment of motion for miscellaneous relief, #84 before Honorable Robert M. Dow Jr. on 12/19/2013 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 84 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgersfor leave to communicate with prospective class members and to extend opt-in deadline for certain class members (Attachments: #1 Exhibit A)(Morales Doyle, Sean) |
| Filing 83 MINUTE entry before the Honorable Robert M. Dow, Jr: For the convenience of the parties, the Court directs the Courtroom Deputy to electronically transmit to lead counsel a PDF copy of the Notice and Consent Form [82 at 5-9]. Mailed notice (tbk, ) |
| Filing 82 ENTER ORDER: After the Court conditionally certified as a collective action Plaintiffs' Fair Labor Standards Act claim, see #53 , the parties submitted to the Court competing versions of a notice and consent form to be sent to prospective opt-in plaintiffs. See #66 . The Court carefully has reviewed the parties' submissions and arguments in support thereof. For the reasons stated below, the Court approves the accompanying notice and consent form for distribution to prospective opt-in plaintiffs. Signed by the Honorable Robert M. Dow, Jr on 12/12/2013. Mailed notice(tbk, ) |
| Filing 81 MINUTE entry before the Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 12/19/2013 at 08:45 AM for a report on completion of email discovery. Motion hearing held. Plaintiff's motion to enforce third party party subpoena is #70 is withdrawn. The parties are in agreement as to the relevant time period to be covered by the email search but have a dispute over the inclusion of two search terms, independent contractor and employee. After hearing the parties' explanations, it appears that the plaintiff has the better of the argument and that both terms should be included in the search.Mailed notice (jms, ) |
| Filing 80 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to strike #75 third party complaint, is taken under advisement; response due by 12/17/2013; reply due by 1/7/2014; ruling will be by mail. Mailed notice (tbk, ) |
| Filing 79 ANSWER to amended complaint by Club Assist Road Service US Inc(Roache, John) |
| Filing 78 Corrected Second AMENDED complaint by Rushdi Rashid, Nasir Rashid, Maurice Brown, Kenith Rodgers, Kaywan Palmer, Keith Rodgers, Byron Jackson against All Defendants (corrected to match previously submitted Complaint that the Court gave leave to file) (Attachments: #1 Exhibit A, #2 Exhibit B)(Morales Doyle, Sean) |
| Filing 77 MINUTE entry before Honorable Jeffrey Cole: Status hearing is reset for 08:30 AM on 11/25/2013.Mailed notice (jms, ) |
| Filing 76 NOTICE of Motion by Sean Morales Doyle for presentment of motion to strike, motion for relief #75 before Honorable Robert M. Dow Jr. on 11/19/2013 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 75 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Nasir Rashid, Rushdi Rashid, Keith Rodgers, Kenith Rodgers to strike third party complaint, #65 (Attachments: #1 Exhibit A)(Morales Doyle, Sean) |
| Filing 74 MINUTE entry before Honorable Jeffrey Cole:The parties' request to reset the hearing on plaintiff's to motion to enforce #70 to 11/25/2013 at 08:30 AM is granted.Mailed notice (jms, ) |
| Filing 73 MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 11/25/2013 at 10:00 AM. Plaintiff's oral motion for a second extension of time to 4/25/2014 to complete fact discovery is granted. Defendant's oral motion for an extension of time to 11/25/2013 to file a brief on the issue of undue burden is granted. Mailed notice (jms, ) |
| Filing 72 Second AMENDED complaint by Maurice Brown, Kenith Rodgers, Kaywan Palmer, Keith Rodgers, Byron Jackson, Rushdi Rashid, Nasir Rashid against Club Assist Road Service US Inc (Attachments: #1 Exhibit A, #2 Exhibit B)(Morales Doyle, Sean) |
| Filing 71 NOTICE of Motion by Sean Morales Doyle for presentment of motion to enforce #70 before Honorable Jeffrey Cole on 11/12/2013 at 08:30 AM. (Morales Doyle, Sean) |
| Filing 70 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers to enforce third-party subpoena (Attachments: #1 Exhibit A)(Morales Doyle, Sean) |
| Filing 69 MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing held on 10/31/2013; MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers for leave to file #62 Second Amended Complaint is granted. Defendant responsive pleading to Second Amended Complaint to be filed by 11/14/2013. Mailed notice (tbk, ) |
| Filing 68 MINUTE entry before Honorable Jeffrey Cole: The minute entry of 10/28/2013 is corrected as follows: Defendant is given leave to file a response on the burden issue is granted. Defendant's response is to be filed by 11/8/2013. Mailed notice (jms, ) |
| Filing 67 MINUTE entry before Honorable Jeffrey Cole: Motion hearing held. Plaintiff's motion to compel #58 as to profit and loss and unjust enrichment are denied. The balance of the motion is granted in part and denied in part as discussed in court. Status hearing is set for 11/4/2013 at 10:00 am for a report on search protocol termsand a list of names for search and other remaining discovery issues. Defendant is given leave to file a response on the burden issue by 10/24/2013. Mailed notice (jms, ) |
| Filing 66 STATUS Report (Joint) by Club Assist Road Service US Inc (Attachments: #1 Exhibit A, #2 Exhibit B)(Fletcher, Sara) |
| Filing 65 THIRD party complaint by Club Assist Road Service US Inc against 2Browns LLC, Rodgers Emergency Roadside Assistance, Inc., Rapid Road Service, Inc., KDP Auto Repair & Emergency Roadside Service, Inc., Jackson 24-7 Road Service, Inc. . (Attachments: #1 Exhibit A)(Roache, John) |
| Filing 64 MINUTE entry before Honorable Jeffrey Cole: Hearing on plaintiff's motion to compel #58 is set for 10/28/2013 at 08:30 AM. Plaintiff is directed to submit a copy (pursuant to Local Rule 5.2(f) to chambers by 10/25/2013.Mailed notice (jms, ) |
| Filing 63 NOTICE of Motion by Sean Morales Doyle for presentment of motion for leave to file #62 before Honorable Robert M. Dow Jr. on 10/31/2013 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 62 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers for leave to file Second Amended Complaint (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Morales Doyle, Sean) |
| Filing 61 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Jeffrey Cole pursuant to Local Rule 72.1. Signed by Executive Committee on 10/23/2013. (vcf, ) |
| Filing 60 MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers to compel #58 responses to discovery is being referred to Magistrate Judge Cole for hearing. Notice of Motion date of 10/31/2013 is stricken. The parties should indicate in status report due by 1/28/2013 whether or not the status hearing set for 10/31/2013 would be useful during pendency of motion to compel and discovery supervision before Magistrate Cole. Mailed notice (tbk, ) |
| Filing 59 NOTICE of Motion by Sean Morales Doyle for presentment of motion to compel #58 before Honorable Robert M. Dow Jr. on 10/31/2013 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 58 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers to compel responses to discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Morales Doyle, Sean) |
| Filing 57 ANSWER to amended complaint and Affirmative Defenses by Club Assist Road Service US Inc(Fletcher, Sara) |
| Filing 56 MINUTE entry before Honorable Robert M. Dow, Jr: Before the Court is Defendant's unopposed motion for extension of time to file answer #54 . The motion is granted. Defendant is given to and including 10/10/2013 to answer Plaintiffs' first amended complaint. Notice of motion date of 10/8/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 55 NOTICE of Motion by Sara Elizabeth Fletcher for presentment of motion for extension of time to file answer #54 before Honorable Robert M. Dow Jr. on 10/8/2013 at 09:15 AM. (Fletcher, Sara) |
| Filing 54 MOTION by Defendant Club Assist Road Service US Inc for extension of time to file answer (Unopposed) (Fletcher, Sara) |
| Filing 53 ENTER MEMORANDUM Opinion and Order; For the reasons stated below, the Court denies the motion to dismiss and grants in part and denies in part the motion to strike #27 . The Court grants in part the motion for conditional certification of a collective action #34 . This matter is set for status at 9:00 a.m. on October 31, 2013. Parties are to submit a status report no later than three days prior to the status. Signed by the Honorable Robert M. Dow, Jr on 9/19/2013. Mailed notice(tbk, ) |
| Filing 52 ENTER AGREED CONFIDENTIALITY ORDER Signed by the Honorable Robert M. Dow, Jr on 7/25/2013. Mailed notice(tbk, ) |
| Filing 51 MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendant Club Assist Road Service US Inc for Agreed protective order #49 is granted. ORDER to follow. Notice of Motion date of 8/1/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 50 NOTICE of Motion by Sara Elizabeth Fletcher for presentment of motion for protective order #49 before Honorable Robert M. Dow Jr. on 8/1/2013 at 09:15 AM. (Fletcher, Sara) |
| Filing 49 MOTION by Defendant Club Assist Road Service US Inc for protective order (Agreed) (Attachments: #1 Exhibit A)(Fletcher, Sara) |
| Filing 48 ATTORNEY Appearance for Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers by Carol Tran Nguyen (Nguyen, Carol) |
| Filing 47 MINUTE entry before Honorable Robert M. Dow, Jr: Joint MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers for extension of time #45 to complete discovery, to and including 11/22/2013, is granted. Notice of Motion date of 7/11/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 46 NOTICE of Motion by Sean Morales Doyle for presentment of motion for extension of time to complete discovery #45 before Honorable Robert M. Dow Jr. on 7/11/2013 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 45 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers for extension of time to complete discovery (Joint Motion) (Morales Doyle, Sean) |
| Filing 44 REPLY by Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers to MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers to certify class (Combined motion pursuant to FLSA and Rule 23) #34 (Attachments: #1 Exhibit Sept. Technician Daily Logs, #2 Exhibit Sept. Reconciliation)(Morales Doyle, Sean) |
| Filing 43 MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers for extension of time #41 to file reply in support of their motion for class certification #41 to and including 4/12/2013, is granted. Notice of Motion date of 4/8/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 42 NOTICE of Motion by Michael Paul Persoon for presentment of motion for extension of time to file response/reply #41 before Honorable Robert M. Dow Jr. on 4/8/2013 at 09:15 AM. (Persoon, Michael) |
| Filing 41 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers for extension of time to file response/reply in support of their motion for class certification (Persoon, Michael) |
| Filing 40 MINUTE entry before Honorable Robert M. Dow, Jr:: MOTION by Defendant Club Assist Road Service US Inc for leave to file #38 an Oversized Brief is granted. Notice of Motion date of 3/27/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 39 NOTICE of Motion by John Thomas Roache for presentment of motion for leave to file, #38 before Honorable Robert M. Dow Jr. on 3/27/2013 at 09:15 AM. (Roache, John) |
| Filing 38 MOTION by Defendant Club Assist Road Service US Inc for leave to file an Oversized Brief (Unopposed) (Attachments: #1 Exhibit 1, #2 Exhibit A to E to Exhibit 1, #3 Exhibit F to Exhibit 1, #4 Exhibit F1 Part 1 to Exhibit 1, #5 Exhibit F1 Part 2 to Exhibit 1, #6 Exhibit F2 to Exhibit 1, #7 Exhibit F3 to F7 to Exhibit 1)(Roache, John) |
| Filing 37 ATTORNEY Appearance for Defendant Club Assist Road Service US Inc by Sara Elizabeth Fletcher (Fletcher, Sara) |
| Filing 36 MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, to certify class #34 is taken under advisement. Defendant's response addressing FSLA part of motion is to be filed by 3/21/2013; plaintiffs' reply due by 4/4/2013; ruling will be by mail. Mailed notice (tbk, ) |
| Filing 35 NOTICE of Motion by Sean Morales Doyle for presentment of motion to certify class, #34 before Honorable Robert M. Dow Jr. on 2/19/2013 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 34 MOTION by Plaintiffs Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers to certify class (Combined motion pursuant to FLSA and Rule 23) (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit B-1, #5 Exhibit C, #6 Exhibit C-1, #7 Exhibit D, #8 Exhibit D-1, #9 Exhibit E)(Morales Doyle, Sean) |
| Filing 33 REPLY by Club Assist Road Service US Inc to memorandum in opposition to motion #30 (Attachments: #1 Exhibit A)(Roache, John) |
| Filing 32 MINUTE entry before Honorable Robert M. Dow, Jr: Motion of movants Joel Griswold and Melissa A. Siebert to withdraw #31 their respective appearances on behalf of defendant is granted. Notice of Motion date of 12/13/2012 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 31 MOTION by counsel for Defendant Club Assist Road Service US Inc to withdraw as attorney (Attachments: #1 Notice of Motion for Leave to Withdraw Appearances)(Siebert, Melissa) |
| Filing 30 MEMORANDUM by Maurice Brown, Byron Jackson, Kaywan Palmer, Keith Rodgers, Kenith Rodgers in Opposition to motion to dismiss #27 (Morales Doyle, Sean) |
| Filing 29 NOTICE by Melissa Anne Siebert of Change of Address (Siebert, Melissa) |
| Filing 28 MEMORANDUM by Club Assist Road Service US Inc in support of motion to dismiss #27 (Roache, John) |
| Filing 27 MOTION by Defendant Club Assist Road Service US Inc to dismiss and/or Strike Amended Complaint (Roache, John) |
| Filing 26 FIRST AMENDED complaint by Maurice Brown, Byron Jackson, Kenith Rodgers, Kaywan Palmer, Keith Rodgers against Club Assist Road Service US Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(lw, ) |
| Filing 25 MINUTE entry before Honorable Robert M. Dow, Jr: By agreement,the parties to exchange initial disclosures under Fed.R.Civ.P. 26(A)(1)(a) on or before 10/30/2012. All fact discovery to be completed by 7/19/2013. Mailed notice (tbk, ) |
| Filing 24 MINUTE entry before Honorable Robert M. Dow, Jr: Motion to Dismiss for Failure to State a Claim; Motion to dismiss for lack of jurisdiction #18 is stricken as moot. MOTION by Plaintiff Maurice Brown for leave to file #22 First Amended Complaint is granted. Defendant given to and including 11/6/2012 to file its motion to dismiss First Amended Complaint; Plaintiff given until 11/27/2012 to file a response; Defendant's reply due by 12/11/2012; ruling will be by mail. Notice of Motion date of 10/16/2012 is stricken. Mailed notice (tbk, ) |
| Filing 23 NOTICE of Motion by Sean Morales Doyle for presentment of motion for leave to file #22 before Honorable Robert M. Dow Jr. on 10/16/2012 at 09:15 AM. (Morales Doyle, Sean) |
| Filing 22 MOTION by Plaintiff Maurice Brown for leave to file First Amended Complaint (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Exhibit Complaint Exhibit A, #3 Exhibit Complaint Exhibit B)(Morales Doyle, Sean) |
| Filing 21 MINUTE entry before Honorable Robert M. Dow, Jr: Defendant Club Assist Road Service US Inc's Motion to dismiss for lack of jurisdiction #18 and failure to state a claim #18 is taken under advisement; Plaintiff's response to motion due by 10/23/2012; Defendant's reply due by 11/6/2012; ruling will be by mail. Plaintiff to file motion for leave to file an amended complaint by 10/9/2012. Parties to file a joint proposed discovery plan by 10/16/2012. Mailed notice (tbk, ) |
| Filing 20 NOTICE of Motion by John Thomas Roache for presentment of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction #18 before Honorable Robert M. Dow Jr. on 10/2/2012 at 09:15 AM. (Roache, John) |
| Filing 19 MEMORANDUM by Club Assist Road Service US Inc in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction #18 (Roache, John) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION by Defendant Club Assist Road Service US Inc to dismiss for lack of jurisdiction (Roache, John) |
| Filing 17 ATTORNEY Appearance for Defendant Club Assist Road Service US Inc by Melissa Anne Siebert (Siebert, Melissa) |
| Filing 16 ATTORNEY Appearance for Defendant Club Assist Road Service US Inc by John Thomas Roache (Roache, John) |
| Filing 15 ATTORNEY Appearance for Defendant Club Assist Road Service US Inc by Joel Christopher Griswold (Griswold, Joel) |
| Filing 14 MINUTE entry before Honorable Robert M. Dow, Jr: Leave granted to attorneys Jonathan S. Quinn, James A. Burns, Jr., Hannah L. Kaplan, and Thomas M. Levinson of Reed Smith, LLP, to withdraw their appearances on defendant's behalf and leave is granted to attorneys John T. Roache, Melissa A. Siebert, and Joel Griswold of K&L Gates, LLP to substitute in as counsel for defendant. Mailed notice(nf, ) |
| Filing 13 MINUTE entry before Honorable Robert M. Dow, Jr: MOTION by Defendant Club Assist Road Service US Inc to substitute attorney #11 is granted. Notice of Motion date of 8/22/2012 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) |
| Filing 12 NOTICE of Motion by Hannah Lisbeth Kaplan for presentment of motion to substitute attorney #11 before Honorable Robert M. Dow Jr. on 8/22/2012 at 09:15 AM. (Kaplan, Hannah) |
| Filing 11 MOTION by Defendant Club Assist Road Service US Inc to substitute attorney (Kaplan, Hannah) |
| Filing 10 STIPULATION OF EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD (Kaplan, Hannah) |
| Filing 9 ATTORNEY Appearance for Defendant Club Assist Road Service US Inc by James A. Burns, Jr (Burns, James) |
| Filing 8 ATTORNEY Appearance for Defendant Club Assist Road Service US Inc by Hannah Lisbeth Kaplan (Kaplan, Hannah) |
| Filing 7 ATTORNEY Appearance for Defendant Club Assist Road Service US Inc by Thomas M. Levinson (Levinson, Thomas) |
| Filing 6 ATTORNEY Appearance for Defendant Club Assist Road Service US Inc by Jonathan Stuart Quinn (Quinn, Jonathan) |
| Filing 5 SUMMONS Returned Executed by Maurice Brown as to Club Assist Road Service US Inc on 7/24/2012, answer due 8/14/2012. (Morales Doyle, Sean) |
| SUMMONS electronically issued as to Defendant Club Assist Road Service US Inc. (tlm) |
| Filing 4 ATTORNEY Appearance for Plaintiff Maurice Brown by Michael Paul Persoon (Persoon, Michael) |
| Filing 3 ATTORNEY Appearance for Plaintiff Maurice Brown by Thomas Howard Geoghegan (Geoghegan, Thomas) |
| Filing 2 CIVIL Cover Sheet (Morales Doyle, Sean) |
| Filing 1 COMPLAINT filed by Maurice Brown; Jury Demand. Filing fee $ 350, receipt number 0752-7369873. (Attachments: #1 Exhibit A, #2 Exhibit B)(Morales Doyle, Sean) |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. (jn, ) |
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