Dietrich v. C. H. Robinson Worldwide, Inc.
| Taryn Dietrich |
| C. H. Robinson Worldwide, Inc. |
| 1:2018cv04871 |
| July 17, 2018 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Thomas M Durkin |
| Nancy L Maldonado |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
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Filing 271
ORDER of Final Approval of Class Action Settlement Signed by the Honorable Nancy L. Maldonado on 5/31/2023.(ca, )
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Filing 270
MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 5/31/2023. Plaintiff's motion for attorney's fees and costs #268 and motion for final approval of settlement #268 are granted for the reasons stated on the record. Civil case terminated. (ca, )
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Filing 269
MOTION by Plaintiff Taryn Dietrich for settlement (Final Approval of Class Action Settlement) (Attachments: #1 Ex. A - Proposed Order, #2 Ex. B - Declaration of C. Barazesh (Analytics))(Cowlin, Patrick)
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Filing 268
MOTION by Plaintiff Taryn Dietrich for attorney fees and costs pursuant to the parties' class action settlement (Cowlin, Patrick)
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Filing 267
ORDER granting preliminary approval of class action and collective action settlement. Signed by Nancy L. Maldonado. (ca, )
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Filing 266
MINUTE entry before the Honorable Nancy L. Maldonado: The Court approves the Revised Notice of Class Action Settlement #265 for distribution to the class. (ca, )
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Filing 265
SUPPLEMENT to order on motion for settlement,,, motion hearing,, #264 - Revised Notice of Class Action Settlement (Cowlin, Patrick)
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Filing 264
MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 02/08/2023 via WebEx video conference. For the reasons stated on the record, Plaintiff's motion for preliminary approval of the parties' class action settlement agreement #261 is granted. By 02/10/2023, the parties are directed to file a revised class notice on the docket with the corrections and edits discussed on the record, and they should also submit a revised proposed order to the Court's proposed order email. As noted on the record, the proposed order should include a chart with all the necessary dates pursuant to the agreement. The Court will set a date for the fairness hearing upon receipt of the revised proposed order. (ca, )
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Filing 263
MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for preliminary approval of class action settlement #261 is set for hearing by Webex for 2/8/2023 at 10:00 a.m. The dial-in number for the public is 650-479-3207; access code is 23043489367. The parties will receive a WebEx invitation by email. During the video hearing, the parties should turn off their cameras and mute their microphones until their case is called. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. (ca, )
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Filing 262
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 261
MOTION by Plaintiff Taryn Dietrich for settlement (Preliminary Approval of Class Action Settlement) (Attachments: #1 Exhibit 1 - Proposed Order Granting Preliminary Approval, #2 Exhibit 2 - Declaration of M. Nieves Bolanos, #3 Attachment A to Bolanos Declaration (Class Action Settlement Agreement), #4 Exhibits A and B to Settlement Agreement (Class Lists), #5 Exhibit C to Settlement Agreement (proposed Notice), #6 Exhibit D to Settlement Agreement (proposed Exclusion Form))(Cowlin, Patrick)
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Filing 260
MINUTE entry before the Honorable Nancy L. Maldonado: The parties' motion for extension of time #259 is granted. The motion for preliminary approval of the class action settlement shall be filed by 12/13/22. (ca, )
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Filing 259
MOTION by Defendant C. H. Robinson Worldwide, Inc. for extension of time To Extend Deadline To File Motion For Preliminary Approval Of Class Action Settlement (Joint) (Demarino, Michael)
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Filing 258
MINUTE entry before the Honorable Nancy L. Maldonado: The parties' joint motion to extend deadline to file motion for preliminary approval of class action settlement #257 is granted. Plaintiff shall file the motion for preliminary approval by 12/5/2022. (ca, )
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Filing 257
MOTION by Defendant C. H. Robinson Worldwide, Inc. for extension of time To Extend Deadline To File Motion For Preliminary Approval Of Class Action Settlement (Joint) (Demarino, Michael)
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Filing 256
MINUTE entry before the Honorable Nancy L. Maldonado: The parties' joint motion to extend deadline to file motion for preliminary approval of class action settlement #255 is granted. The deadline for the parties to file their motion for preliminary approval is extended to 11/22/2022. (ca, )
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Filing 255
MOTION by Plaintiff Taryn Dietrich for extension of time to file Motion for Preliminary Approval of Class Action Settlement (Joint Motion) (Cowlin, Patrick)
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Filing 254
MINUTE entry before the Honorable Nancy L. Maldonado: The parties' joint motion to extend deadline to file motion for preliminary approval of class action settlement #253 is granted. The deadline for the parties to file their motion for preliminary approval is extended to 11/15/2022. (ca, )
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Filing 253
MOTION by Plaintiff Taryn Dietrich for extension of time to File Motion for Preliminary Approval of Class Action Settlement (Joint Motion) (Cowlin, Patrick)
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Filing 252
MINUTE entry before the Honorable Nancy L. Maldonado:In light of the parties' joint status report stating that they have reached a settlement and are working to memorialize it, the October 19, 2022 pre-trial conference and November 1, 2022 trial dates are stricken. The motion for preliminary approval of the settlement shall be filed by October 31, 2022. (ca, )
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Filing 251
STATUS Report (JOINT) by C. H. Robinson Worldwide, Inc. (Demarino, Michael)
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Filing 250
EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 22-0018: Pursuant that to the Executive Committee Order entered on September 9, 2022, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Nancy L. Maldonado; therefore IT IS HEREBY ORDERED that the attached list of 287 cases be reassigned to the Honorable Nancy L. Maldonado; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Nancy L. Maldonado's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such case; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's criminal case assignment system ninety (90) days so that Judge Maldonado shall thereafter receive a full share of such cases. Case reassigned to the Honorable Nancy L. Maldonado for all further proceedings. Honorable Ronald A. Guzman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/03/2022.(tg, )
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Filing 249
MINUTE entry before the Honorable Ronald A. Guzman: The parties advise that they have accepted their mediator's written settlement proposal to settle this case and are completing a corresponding written agreement. Their joint request that the deadline to file the Final Pretrial Order be continued to October 7, 2022 is granted. As soon as possible, the parties shall file the appropriate dismissal stipulation or motion. If they have not done so by October 7, 2022, the parties shall file a joint status report. Mailed notice. (kp, )
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Filing 248
STATUS Report Regarding Settlement and Motion for Extension of Time to File Final Pretrial Order (Joint) by Taryn Dietrich (Cowlin, Patrick)
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Filing 247
NOTICE by Michael Lawrence Demarino of Change of Address (Demarino, Michael)
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Filing 246
NOTICE by Gerald L. Maatman, Jr of Change of Address (Maatman, Gerald)
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Filing 245
STATUS Report (Joint) by Taryn Dietrich (Cowlin, Patrick)
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Filing 244
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's agreed motion for extension of time to file the final pretrial order in light of the parties' scheduled mediation #243 is granted. The pretrial order and motions in limine shall be filed no later than September 23, 2022. Responses to the motions in limine are due no later than October 7, 2022. There will be no further extensions of these deadlines. The parties shall file a joint status report regarding the progress of mediation by September 12, 2022. Mailed notice. (kp, )
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Filing 243
MOTION by Plaintiff Taryn Dietrich for extension of time to File Final Pretrial Order in Light of the Parties' Scheduled Mediation (Cowlin, Patrick)
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Filing 242
NOTICE by Patrick James Cowlin of Change of Address (Cowlin, Patrick)
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Filing 241
NOTICE by Maria De Las Nieves Bolanos of Change of Address (Bolanos, Maria)
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Filing 240
MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' proposed trial dates. The parties estimate that the trial will last two weeks. Jury trial is set for November 1, 2022 through November 11, 2022. Pretrial order and motions in limine shall be filed no later than September 9, 2022. Responses to motions in limine are due no later than September 23, 2022. Pretrial conference is set for October 19, 2022 at 10:30 a.m. The pretrial conference will continue as many days thereafter as are necessary to resolve all outstanding issues. Mailed notice. (kp, )
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Filing 239
STATUS Report (Joint) by Taryn Dietrich (Cowlin, Patrick)
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Filing 238
MEMORANDUM Opinion and Order: For the reasons stated below, C.H. Robinson Worldwide, Inc.'s ("CHRW") motion for partial summary judgment #201 is denied in part and granted in part. As to whether CHRW is entitled to the administrative exemption under the Fair Labor Standards Act ("FLSA") and the Illinois Minimum Wage Law ("IMWL"), the motion is denied. With respect to Plaintiff's individual discrimination claims, the motion is granted. The parties are directed to confer within 10 days of the date of entry of this order to discuss potential trial dates. No more than 14 days from the date of entry of this order, the parties are to submit a joint statement with three proposed trial dates in October and November 2022. The statement shall also include an estimated length for the trial. Signed by the Honorable Ronald A. Guzman on 8/9/2021. Mailed notice. (kp, )
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Filing 237
MEMORANDUM by C. H. Robinson Worldwide, Inc. (Sur-Surreply In Support Of Its Motion For Partial Summary Judgment and Response to Plaintiff's Sur-Reply [234-1] (Maatman, Gerald)
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Filing 236
MINUTE entry before the Honorable Ronald A. Guzman: C.H. Robinson's unopposed position statement requesting briefing on plaintiff's motion for leave to file a sur-reply #235 , which the Court construes as a motion, is denied. Plaintiff is granted leave to file a sur-reply #234 and C.H. Robinson may file a sur-surreply. Mailed notice. (kp, )
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Filing 235
Unopposed Position STATEMENT by C. H. Robinson Worldwide, Inc. Requesting Briefing On Plaintiff's Motion For Leave To File A Sur-Reply (Maatman, Gerald)
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Filing 234
MOTION by Plaintiff Taryn Dietrich for leave to file Sur-Reply in Opposition to Defendant's Motion for Partial Summary Judgment (Attachments: #1 Plaintiff's Sur-Reply in Opposition to Defendant's Motion for Partial Summary Judgment)(Bolanos, Maria)
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Filing 233
REPLY by Plaintiff Taryn Dietrich to motion to bar #223 Witnesses Disclosed After the Close of Discovery (Bolanos, Maria)
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Filing 232
DECLARATION of Gerald L. Maatman, Jr. regarding memorandum in opposition to motion #231 (In Support Of Memo Of Law In Opposition To Plaintiff's Motion To Exclude) (Attachments: #1 Exhibit A - Defendant's Second Supplemental Disclosures, #2 Exhibit B - Transcript of Proceedings - Sept. 18, 2019, #3 Exhibit C - Transcript of Proceedings - Sept. 26, 2019)(Maatman, Gerald)
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Filing 231
MEMORANDUM by C. H. Robinson Worldwide, Inc. in Opposition to motion to bar #223 (to Plaintiff's Motion To Exclude Witnesses Disclosed After The Close Of Discovery) (Maatman, Gerald)
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Filing 230
RESPONSE by Defendant C. H. Robinson Worldwide, Inc. to Rule 56 statement #218 (to Plaintiff's Local Rule 56.1(b) Statement Of Additional Facts That Require Denial Of Summary Judgment) (Maatman, Gerald)
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Filing 229
REPLY by C. H. Robinson Worldwide, Inc. to MOTION by Defendant C. H. Robinson Worldwide, Inc. for partial summary judgment #201 (Reply In Support Of Its Motion For Partial Summary Judgment) (Maatman, Gerald)
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Filing 228
MINUTE entry before the Honorable Ronald A. Guzman: Defendant is granted leave to file a 25-page reply in support of its summary judgment motion #227 . Mailed notice. (kp, )
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Filing 227
MOTION by Defendant C. H. Robinson Worldwide, Inc. for leave to file A Reply Brief In Support Of Its Motion For Partial Summary Judgment In Excess Of 15 Pages (Unopposed) (Maatman, Gerald)
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Filing 226
MINUTE entry before the Honorable Ronald A. Guzman: The parties' joint motion to set a briefing schedule on Plaintiff's motion to exclude witnesses #225 is granted. Defendant's response to the motion to exclude #223 is due by March 31, 2021, and Plaintiff's reply shall be filed no later than April 21, 2021. Mailed notice. (kp, )
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Filing 225
Unopposed Position STATEMENT by C. H. Robinson Worldwide, Inc. Requesting Briefing On Plaintiff's Motion To Exclude Witnesses Disclosed After The Close Of Discovery (Maatman, Gerald) Modified on 2/23/2021 (kp, ). (Docket Text Modified by Clerk's Office)
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Filing 224
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiffs' motion for leave to file exhibits under seal #221 is granted subject to further consideration by the Court. Mailed notice. (kp, )
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Filing 223
MOTION by Plaintiff Taryn Dietrich to bar Witnesses Disclosed After the Close of Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bolanos, Maria)
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Filing 222
SEALED DOCUMENT by Plaintiff Taryn Dietrich (Attachments: #1 Dietrich Dep. Ex. 11, #2 Dietrich Dep. Ex. 12, #3 Dietrich Dep. Ex. 13, #4 Herchenroether Dep. Ex. 3, #5 Herchenroether Dep. Ex. 4, #6 Herchenroether Dep. Ex. 23, #7 Hoffman Dep. Ex. 4, #8 Nelson Bowling Dep. Ex. 1, #9 Nelson Bowling Dep. Ex. 3, #10 Nelson Bowling Dep. Ex. 6, #11 Nelson Bowling Dep. Ex. 7, #12 Ruth Smith Dep. Ex. 1, #13 Ruth Smith Dep. Ex. 2, #14 Simon 30(b)(6) Dep. Ex. 1, #15 Simon 30(b)(6) Dep. Ex. part 2, #16 Simon 30(b)(6) Dep. Ex. 7, #17 Simon 30(b)(6) Dep. Ex. 8, #18 Simon 30(b)(6) Dep. Ex. 9, #19 Simon 30(b)(6) Dep. Ex. 10, #20 Simon 30(b)(6) Dep. Ex. 11, #21 Simon 30(b)(6) Dep. Ex. 12, #22 Vigeant 30(b)(6) Dep. March 28, 2019 Ex. 4, #23 Vigeant 30(b)(6) Dep. March 28, 2019 Ex. 6)(Bolanos, Maria)
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Filing 221
MOTION by Plaintiff Taryn Dietrich to seal document Motion for Leave to File Exhibits Under Seal (Attachments: #1 List of Deposition Exhibits Filed Under Seal)(Bolanos, Maria)
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Filing 220
APPENDIX Rule 56 statement #219 , memorandum in opposition to motion #217 , Rule 56 statement #218 Appendix of Exhibits Supporting Plaintiff's Response in Opposition to Defendant's Motion for Partial Summary Judgment (Attachments: #1 Exhibit 1 - Dietrich Dep. Day 1, #2 Exhibit 2 - Dietrich Dep. Continued, #3 Exhibit 3 - Dietrich Declaration, #4 Exhibit 4 - Serfaty Declaration, #5 Exhibit 5 - Lind Declaration, #6 Exhibit 6 - Ruhl Declaration, #7 Exhibit 7 - Tantillo Declaration, #8 Exhibit 8 - Veal Declaration, #9 Exhibit 9 - Herchenroether Dep., #10 Exhibit 10 - Hoffman Dep., #11 Exhibit 11 - Nelson-Bowling Dep., #12 Exhibit 12 - O'Sullivan Dep., #13 Exhibit 13 - Roschich Dep., #14 Exhibit 14 - Ruth Smith Dep., #15 Exhibit 15 - Simon Dep., #16 Exhibit 16 - Simon 30(b)(6) Dep., #17 Exhibit 17 - Thephasdin Dep., #18 Exhibit 18 - Vigeant 30(b)(6) Dep. March 28, 2019, #19 Exhibit 19 - Vigeant 30(b)(6) Dep. November 15, 2019, #20 Exhibit 20 - CHRW Response to Interrogatories, #21 Exhibit 21 - CHRW 2017 Annual Report)(Bolanos, Maria)
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Filing 219
RULE 56.1 Response to Defendant's Fact Statement by Taryn Dietrich regarding motion for partial summary judgment #201 (Bolanos, Maria)
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Filing 218
RULE 56.1 Additional Facts that Require Denial of Summary Judgment Statement by Taryn Dietrich regarding motion for partial summary judgment #201 (Bolanos, Maria)
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Filing 217
MEMORANDUM by Taryn Dietrich in Opposition to motion for partial summary judgment #201 (Bolanos, Maria)
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Filing 216
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's motion for an extension of time to file her response to Defendant's motion for summary judgment #215 is granted. Plaintiff's response is due February 19, 2021 and Defendant's reply is due no later than March 31, 2021. Mailed notice. (kp, )
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Filing 215
MOTION by Plaintiff Taryn Dietrich for extension of time to file response/reply as to memorandum in support of motion #202 , motion for partial summary judgment #201 (unopposed motion) (Bolanos, Maria)
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Filing 214
MINUTE entry before the Honorable Ronald A. Guzman: Unopposed motion for leave to withdraw appearance of Peter Wozniak #211 on behalf of the defendant is granted. Mailed notice (mjc, )
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Filing 213
MINUTE entry before the Honorable Ronald A. Guzman: Unopposed motion for leave to withdraw appearance of Mark W. Wallin #212 on behalf of the defendant is granted.Mailed notice (mjc, )
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Filing 212
MOTION by Attorney Mark Wallin to withdraw as attorney for C. H. Robinson Worldwide, Inc.. No party information provided (Wallin, Mark)
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Filing 211
MOTION by Attorney Peter Wozniak to withdraw as attorney for C. H. Robinson Worldwide, Inc.. No party information provided (Wozniak, Peter)
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Filing 210
MINUTE entry before the Honorable Ronald A. Guzman: Defendant's motion for leave to file exhibits under seal #205 is granted. Mailed notice (mjc, )
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Filing 209
SEALED DOCUMENT by Defendant C. H. Robinson Worldwide, Inc. (Exhibit 1 to the Declaration of Gerald L. Maatman, Jr.) (Maatman, Gerald)
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Filing 208
DECLARATION of Gerald L. Maatman, Jr. regarding motion to seal document #205 (Attachments: #1 Exhibit 1 - Carrier Sales Manual (to be filed under seal))(Maatman, Gerald)
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Filing 207
DECLARATION of Gerald Hoffman regarding motion to seal document #205 (Maatman, Gerald)
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Filing 206
MEMORANDUM by C. H. Robinson Worldwide, Inc. in support of motion to seal document #205 (Maatman, Gerald)
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Filing 205
MOTION by Defendant C. H. Robinson Worldwide, Inc. to seal document (Motion for Leave to File Exhibits Under Seal) (Maatman, Gerald)
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Filing 204
DECLARATION regarding motion for partial summary judgment #201 (Attachments: #1 Exhibit 1 - Declaration of Taryn Dietrich, #2 Exhibit 2 - Declaration of Gerald Hoffman, #3 Exhibit 3 - Declaration of James Allen Ormond, #4 Exhibit 4 - Declaration of Andrew Black, #5 Exhibit 5 - Declaration of Christopher Arreguin, #6 Exhibit 6 - Declaration of Tobert Thiel, #7 Exhibit 7 - Declaration of Noah Robert Corrigan, #8 Exhibit 8 - Declaration of Lindsay Vigeant, #9 Exhibit 9 - Declaration of Gerald Hoffman, #10 Exhibit 10 - Taryn Dietrich Deposition Transcript, #11 Exhibit 11 - Lindsay Vigeant Deposition Transcript, #12 Exhibit 12 - Sean OSullivan Deposition Transcript, #13 Exhibit 13 - Eric Herchenroether Deposition Transcript, #14 Exhibit 14 - Gerald Hoffman Deposition Transcript, #15 Exhibit 15 - Carmen Smith Deposition Transcript, #16 Exhibit 16 - Molly Bowling Deposition Transcript, #17 Exhibit 17 - Plaintiff Amended Answers to 1st Interrogatories, #18 Exhibit 18 - Defendant Answers to 1st Interrogatories, #19 Exhibit 19 - Defendant Answer to Class Action Complaint, #20 Exhibit 20 - Memorandum Opinion and Order (ECF 103), #21 Exhibit 21 - Minute Entry (ECF106), #22 Exhibit 22 - Memorandum Opinion and Order (ECF 179), #23 Exhibit 23 - Minute Entry (ECF 183), #24 Exhibit 24 - Maatman Declaration iso Motion for Partial SJ (Appendix))(Maatman, Gerald)
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Filing 203
RULE 56.1 Statement by C. H. Robinson Worldwide, Inc. regarding motion for partial summary judgment #201 (Maatman, Gerald)
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Filing 202
MEMORANDUM by C. H. Robinson Worldwide, Inc. in support of motion for partial summary judgment #201 (Maatman, Gerald)
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Filing 201
MOTION by Defendant C. H. Robinson Worldwide, Inc. for partial summary judgment (Maatman, Gerald)
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Filing 200
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's motion for additional pages and statements of fact and for an extension of the summary-judgment briefing schedule #199 is granted. Plaintiff is given leave to file a 35-page response and no more than 75 additional statements of fact. Plaintiff's summary-judgment response is due February 5, 2021, and Defendant's reply is due March 3, 2021. Mailed notice (mjc, )
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Filing 199
MOTION by Plaintiff Taryn Dietrich for leave to file Additional Responsive Facts and a Response Memorandum in Excess of Fifteen Pages (JOINT MOTION), MOTION by Plaintiff Taryn Dietrich for extension of time for the Parties to File Summary Judgment Response and Reply Memoranda (JOINT MOTION) (Bolanos, Maria)
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Filing 198
MINUTE entry before the Honorable Ronald A. Guzman: Defendant's motion for leave to file an oversized brief and an oversized statement of facts #197 is granted in part. Defendant's brief may not exceed 35 pages and its statement of facts may contain no more than 150 paragraphs. Mailed notice (mjc, )
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Filing 197
MOTION by Defendant C. H. Robinson Worldwide, Inc. for leave to file Memorandum Of Law In Support Of Its Motion For Partial Summary Judgment In Excess Of 15 Pages And An Oversized Statement Of Facts (Attachments: #1 Declaration of Gerald L. Maatman, Jr. In Support of Motion)(Maatman, Gerald)
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Filing 196
MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' joint motion for a status #193 , requesting that the Court set a schedule for the remainder of the litigation. The joint motion to set a schedule #193 is granted. Plaintiffs seek to proceed directly to trial while Defendant wants to file a motion for decertification of the class and collective action and a motion for summary judgment. The Court agrees with Plaintiff that a motion for decertification is not well taken in this circumstance, where Defendant seeks to rely on supplemental discovery it recently produced. Defendant contends that the supplemental pay records and Navisphere data, assuming the Court permits their use, an issue that is not being addressed here, go "directly to the heart of Plaintiff's claims that the class routinely worked approximately 50 hours per week without being compensated for overtime to which they allegedly were entitled." That assertion, however, fails to indicate why Defendant did not use the original pay records and Navisphere data, which were produced last fall, in its original opposition to class certification. The Court sees no reason to revisit its class certification decision simply because Defendant now seeks to rely on information that has been in its possession during the entire litigation. The Court will allow Defendant to file for summary judgment; if issues of fact preclude summary judgment, as Plaintiff asserts, the Court will deny the motion and set a trial date. Defendant shall file its motion for summary judgment no later than December 4, 2020. Plaintiffs' response due no later than January 15, 2021 and any reply is due no later than February 5, 2021. Mailed notice. (kp, )
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Filing 195
STATEMENT by C. H. Robinson Worldwide, Inc. pursuant to the Court's Order #194 of August 31, 2020 (Maatman, Gerald)
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Filing 194
MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' joint motion for a status conference. In no more than 7 days, Defendant shall file a statement indicating why the material produced in June, which it contends entitles it to move for decertification of the class, was not produced previously. Defendant shall also explain why it should be permitted to file any motions now based upon documents and information which have been in its possession all along. Mailed notice (kp, )
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Filing 193
MOTION by Plaintiff Taryn Dietrich for hearing (Joint Motion for Status Conference) (Cowlin, Patrick)
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Filing 192
NOTICE by Jamie S. Franklin of Change of Address (Franklin, Jamie)
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Filing 191
MINUTE entry before the Honorable Ronald A. Guzman: The unopposed motion to withdraw as attorney #190 for C. H. Robinson Worldwide, Inc is granted. Attorney Christina Marie Janice terminated. Mailed notice. (kp, )
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Filing 190
MOTION by Attorney Christina M. Janice to withdraw as attorney for C. H. Robinson Worldwide, Inc.. No party information provided (Janice, Christina)
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Filing 189
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket)
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Filing 188
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket3, )
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Filing 187
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket3, )
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Filing 186
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket4, )
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Filing 185
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, )
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Filing 184
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, )
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Filing 183
MINUTE entry before the Honorable Ronald A. Guzman: Provided Plaintiff makes the change previously identified by the Court in Question 6, the class notice is approved. Mailed notice (is, )
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Filing 182
Updated Class Notice STATEMENT by Taryn Dietrich (Attachments: #1 Exhibit A - Proposed Class Notice)(Cowlin, Patrick)
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Filing 181
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff has submitted her proposed notice to the class. The Court has three minor issues: (1) Under Basic Information, Question 1, "Why Did I Get This Notice?", the positions listed do not match those in the class definition; (2) Under Question 6, "What Does This Lawsuit Complain About?", the first sentence appears to have a mistake"... the Class have were required to..."; and (3) under Question 21, "Is More Information Available?", in the first sentence, a space should be inserted after www.thefranklinlawfirm.com. Plaintiff shall file a brief statement no later than February 20, 2020 at 5 p.m. stating how she intends to address the first two issues. Mailed notice (is, )
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Filing 180
Plaintiff's Class Action Notice STATEMENT by Taryn Dietrich (Attachments: #1 Exhibit A - Proposed Class Notice)(Cowlin, Patrick)
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Filing 179
MEMORANDUM Opinion and Order Signed by the Honorable Ronald A. Guzman on 2/11/2020: For the reasons stated below, the Court grants Plaintiff's renewed motion for class certification #146 . Plaintiff shall file a statement within 7 days of the date of entry of this order indicating how she intends to proceed with notice to the class. [For further details see Statement]. Mailed notice(is, )
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Filing 178
MINUTE entry before the Honorable Gabriel A. Fuentes: Discovery having been completed in this matter, the referral is hereby terminated. Mailed notice. (jj, )
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Filing 177
MINUTE entry before the Honorable Gabriel A. Fuentes: Status and motion hearings held. The parties report that discovery has been completed. Based on the magistrate judge's initial review of plaintiff's motion to exclude witnesses disclosed after the close of discovery (doc. #170 ), the Court ordered defendant to respond in writing, and the Court scheduled a motion hearing for 12/19/19. Upon a closer examination of the motion and response before the hearing, the magistrate judge became concerned that the motion is not truly a discovery motion and may be outside the scope of the district court's referral. At hearing, plaintiff acknowledged that the motion did not comply with Local Rule 37.2 because it is not truly a discovery motion; instead, the motion seeks a form of sanction that is discovery-related. At hearing, defendant expressed its view that the motion should be heard by the district judge. In view of the magistrate judge's concerns and the representations of the parties, the Court did not hold argument on the motion, which is entered and continued pending further action by Judge Guzman. The Court will not set a further status hearing at this time. Mailed notice. (jj, )
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Filing 176
DECLARATION of Gerald L. Maatman, Jr. regarding memorandum in opposition to motion #175 (Attachments: #1 Exhibit A - 10-30-19 CH Robinson Supplemental Disclosure, #2 Exhibit B - 11-12-19 CH Robinson Second Supplemental Disclosures, #3 Exhibit C - 9-18-19 Transcript of Proceedings, #4 Exhibit D - 10-10-19 Transcript of Proceedings, #5 Exhibit E - Defendant's 10-30-19 Supplemental Answer to Interrogatory No. 8, #6 Exhibit F - 9-26-19 Transcript of Proceedings, #7 Exhibit G - 11-19-19 Plaintiff's Supplemental Disclosures)(Maatman, Gerald)
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Filing 175
MEMORANDUM by C. H. Robinson Worldwide, Inc. in Opposition to motion to bar #170 (Opposition to Plaintiff's Motion to Exclude Witnesses Disclosed After the Close of Discovery) (Maatman, Gerald)
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Filing 174
MINUTE entry before the Honorable Gabriel A. Fuentes: Status hearing held. Plaintiff's counsel does not appear. By agreement, defendant's counsel reports on the status of discovery. In the absence of plaintiff's counsel, defense counsel notifies the Court that plaintiff has filed a discovery motion noticed for 12/17/19. Defense counsel reports that by agreement, defendant's counsel is further given leave to file a response to plaintiff's motion (to exclude witnesses disclosed after the close of discovery (doc. #170 )) by no later than 4:00 pm on 12/18/19. The motion hearing set for 12/17/18 is hereby stricken. The matter is set for a status and motion hearing before the magistrate judge on 12/19/19 at 10:30 a.m. Counsel are reminded that they must appear at status conferences or contact the Court in advance if they will not be able to attend or wish to participate telephonically. Mailed notice. (jj, )
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Filing 173
TRANSCRIPT OF PROCEEDINGS held on 09/26/2019 before the Honorable Ronald A. Guzman. Order Number: 37091. Court Reporter Contact Information: Rosemary Scarpelli, Rosemary_Scarpelli@ilnd.uscourts.gov, (312)435-5885, on behalf of Mary Hacker. 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 1/2/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/10/2020. (Scarpelli, Rosemary)
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Filing 172
REPLY by Plaintiff Taryn Dietrich to memorandum in opposition to motion #168 , memorandum in support of motion,, #147 , motion to certify class #146 - Plaintiff's Reply Memorandum in Support of Renewed Motion For Class Certification (Attachments: #1 11/5/19 Vigeant 30(b)(6) Deposition, #2 10/23/19 Simon 30(b)(6) Deposition)(Bolanos, Maria)
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Filing 171
NOTICE of Motion by Patrick James Cowlin for presentment of motion to bar #170 before Honorable Gabriel A. Fuentes on 12/17/2019 at 10:30 AM. (Cowlin, Patrick)
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Filing 170
MOTION by Plaintiff Taryn Dietrich to bar Witnesses Disclosed After the Close of Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cowlin, Patrick)
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Filing 169
DECLARATION of Gerald L. Maatman, Jr. regarding memorandum in opposition to motion #168 (Attachments: #1 Exhibit A - Gerald Hoffman Declaration, #2 Exhibit B - Lindsay Vigeant Transcript, #3 Exhibit C - James Ormond Declaration, #4 Exhibit D - Andrew Black Declaration, #5 Exhibit E - Herchenroether Transcript, #6 Exhibit F - Declaration of Ronit Johnson, #7 Exhibit G - Christine Ryndak Declaration, #8 Exhibit H - Christopher Arreguin Declaration, #9 Exhibit I - Sean O'Sullivan Transcript, #10 Exhibit J - Jacob Thiel Declaration, #11 Exhibit K - David Roscich Transcript, #12 Exhibit L - Lindsay Vigeant Transcript, #13 Exhibit M - Taryn Dietrich Transcript, #14 Exhibit N - Eric Simon Transcript, #15 Exhibit ) - Noah Corrigan Declaration)(Maatman, Gerald)
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Filing 168
MEMORANDUM by C. H. Robinson Worldwide, Inc. in Opposition to motion to certify class #146 (Opposition to Renewed Motion for Class Certification) (Maatman, Gerald)
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Filing 167
MINUTE entry before the Honorable Gabriel A. Fuentes: Status hearing held. The parties report that they have completed the remaining discovery production as ordered in the minute order dated 10/10/19 (doc. #161 ). The parties further report that they are awaiting transcripts from the deposition taken and that they are in the process of briefing a motion for class certification that is to be completed by 12/10/19. The matter is set for a status hearing before the magistrate judge on 12/12/19 at 9:30 a.m. The discovery referral remains open pending the 12/12/19 status. Mailed notice. (jj, )
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Filing 166
ATTORNEY Appearance for Defendant C. H. Robinson Worldwide, Inc. by Andrew Douglas Welker (Welker, Andrew)
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Filing 165
MINUTE entry before the Honorable Ronald A. Guzman: Defendant's motion for leave to file excess pages #162 is granted. Defendant's response shall be no more than 35 pages. Plaintiff's reply shall be no more than 20 pages and is due on or before December 10, 2019. Mailed notice (mw, )
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Filing 164
RESPONSE by Plaintiff Taryn Dietrich to motion for leave to file excess pages #162 (Bolanos, Maria)
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Filing 163
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion for leave to file excess pages #162 before Honorable Ronald A. Guzman on 11/7/2019 at 09:30 AM. (Maatman, Gerald)
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Filing 162
MOTION by Defendant C. H. Robinson Worldwide, Inc. for leave to file excess pages (Maatman, Gerald)
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Filing 161
MINUTE entry before the Honorable Gabriel A. Fuentes: The parties' request for clarification is granted. The Court's previous order (doc.# 160) is clarified as follows: Hearing held on defendant's motion for leave to file Exhibit P under seal (doc. #154), and to file publicly a redacted version of Exhibit P to Plaintiff's Renewed Motion for Class Certification, the motion is granted in part and denied in part for reasons stated on the record, in that defendant shall be permitted to file under seal its Exhibit 1 to the Declaration of Gerald L. Maatman Jr. (doc. #156-1), which is a proposed redacted version of Exhibit P, with the redactions constituting the portion sought to be filed under seal, with all redactions except Exhibit 1's page 52 (a map of U.S. time zones), which shall not be redacted. The referral for purposes of deciding defendant's motion to seal Exhibit P is hereby terminated. Status hearing held. The parties reported that they have completed all of the discovery contemplated by the stipulated order entered on 8/16/19 (doc. #134) and are completing a Rule 30(b)(6) deposition upon agreed topics of the Defendant's 2016 Exemption Project and compensation for job categories in the litigation, as well as the production of additional Navisphere data and information, as discussed in open court on September 18, 2019 and today. The Rule 30(b)(6) deposition is to be completed by 10/31/19, which will mark the close of all discovery in this matter, and any further extensions of discovery will need to be sought from Judge Guzman by motion. The parties have until 11/6/19 to file any motions to compel. This matter is set for a further status hearing on 11/6/19 at 9:30 a.m. Mailed notice (mw, )
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Filing 160
MINUTE entry before the Honorable Gabriel A. Fuentes: Hearing held on defendant's motion for leave to file Exhibit P under seal (doc. #154), and to file publicly a redacted version of Exhibit P to Plaintiff's Renewed Motion for Class Certification, the motion is granted in part and denied in part for reasons stated on the record, in that defendant shall be permitted to file under seal its Exhibit 1 to the Declaration of Gerald L. Maatman Jr. (doc. #156-1), which is a proposed redacted version of Exhibit P, with the redactions constituting the portion sought to be filed under seal, with all redactions except Exhibit 1's page 52 (a map of U.S. time zones), which shall not be redacted. The referral for purposes of deciding defendant's motion to seal Exhibit P is hereby terminated. Status hearing held. The parties reported that they have completed all of the discovery contemplated by the stipulated order entered on 8/16/19 (doc. #134) and are completing a Rule 30(b)(6) deposition upon agreed topics including the Navisphere data discussed in open court. The Rule 30(b)(6) deposition is to be completed by 10/31/19, which will mark the close of all discovery in this matter, and any further extensions of discovery will need to be sought from Judge Guzman by motion. The parties have until 11/6/19 to file any motions to compel. This matter is set for a further status hearing on 11/6/19 at 9:30 a.m. Mailed notice (mw, )
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Filing 159
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion for leave to file #154 before Honorable Gabriel A. Fuentes on 10/10/2019 at 09:30 AM. (Maatman, Gerald)
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Filing 158
SEALED EXHIBIT by Defendant C. H. Robinson Worldwide, Inc. (Ex. 2 To G. Maatman Declaration) regarding declaration, #156 (Maatman, Gerald)
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Filing 157
DECLARATION of Gerald Hoffman regarding motion for leave to file #154 (In Support Of) (Attachments: #1 Exhibit A - To G. Hoffman Declaration)(Maatman, Gerald)
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Filing 156
DECLARATION of Gerald L. Maatman, Jr. regarding motion for leave to file #154 (In Support Of) (Attachments: #1 Exhibit 1 - CHR Carrier Sales Manual (REDACTED), #2 Exhibit 2 - CHR Carrier Sales Manual (Filed Under Seal))(Maatman, Gerald)
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Filing 155
MEMORANDUM by C. H. Robinson Worldwide, Inc. in support of motion for leave to file #154 Under Seal Exhibit P to Plaintiffs' Renewed Motion (Maatman, Gerald)
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Filing 154
MOTION by Defendant C. H. Robinson Worldwide, Inc. for leave to file Under Seal Exhibit P to Plaintiffs' Renewed Motion (Maatman, Gerald)
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Filing 153
MINUTE entry before the Honorable Gabriel A. Fuentes: Judge Guzman having referred to the magistrate judge the plaintiff's motion to file certain documents under seal (doc. #144) with respect to Exhibit P to plaintiff's motion for class certification (doc. #146), the Court orders that any motion by defendant to seal all or any portion of Exhibit P is to be filed by 4 p.m. on 10/9/19. The Court notes that the protective order in this matter does not, "by itself, authorize the filing of any document under seal." (See doc. #65-2 at Paragraph 7.) Any motion to seal must comply with Local Rule 26.2 but also with the applicable common law with respect to discovery documents filed in court, as Exhibit P has been filed in court. See Bond v. Utreras, 585 F.3d 1061, 1073 (7th Cir. 2009) (noting that while public "has a presumptive right to access discovery materials that are filed with the court," public has no constitutional, statutory, or common-law right of access to "unfiled discovery") (emphasis in original); Baxter Intern., Inc. v. Abbott Laboratories, 297 F.3d 544, 545-46 (7th Cir. 2002) (stating that discovery documents "that influence or underpin the judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality.... In civil litigation only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of sexual assault) is entitled to be kept secret," citing cases); Union Oil Co. of Calif. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."); Citizens First Nat. Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945 (7th Cir. 1999) (warning courts not to allow parties "to seal whatever they want" and urging them to apply "a neutral balancing of the relevant interests" in connection with any good-cause determination presented by a motion to seal). If no further motion is filed by 10/9/19 seeking to have Exhibit P sealed, it shall be ordered unsealed and refiled publicly in compliance with Fed. R. Civ. P. 5.2. Status and motion hearing is set for 10/10/19 at 9:30 a.m. Mailed notice (mw, )
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Filing 152
MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 9/26/2019. The briefing schedule as to Plaintiff's renewed motion for class certification #146 is as follows: Defendant's response due by 11/12/2019. Reply due by 12/3/2019. Ruling will be made electronically. Plaintiff's motion to file under seal #144 is granted except as to Exhibit "p" in plaintiff's Motion for Class Certification (Dkt. 146). As to that exhibit the defendant is ordered to provide a filing with detailed basis for claiming this exhibit is research, technical, commercial or financial information that the party has maintained as confidential or otherwise qualifies for confidential or protected status. In addition, defendant is to provide a proposed "redacted" copy of the exhibit for public filing if its claim to confidentiality is sustained. Resolution of the motion to file under seal is referred to the magistrate judge. Plaintiff is directed to present defendant's motion to seal along with its filings in support as described above before Magistrate Judge Fuentes. Mailed notice (is, )
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Filing 151
ATTORNEY Appearance for Defendant C. H. Robinson Worldwide, Inc. by Michael Lawrence Demarino (Demarino, Michael)
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Filing 150
EXHIBIT by Plaintiff Taryn Dietrich - Exhibit D (corrected) regarding memorandum in support of motion,, #147 (Bolanos, Maria)
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Filing 149
MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 9/25/2019 is stricken and reset to 9/26/2019 at 09:30 AM. on Court's own motion. Mailed notice (is, )
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Filing 148
SEALED EXHIBIT by Plaintiff Taryn Dietrich regarding MOTION by Plaintiff Taryn Dietrich to seal certain Exhibits to Plaintiff's Memorandum of Law in Support of Renewed Motion for Class Certification #144 , memorandum in support of motion,, #147 (Attachments: #1 Exhibit N, #2 Exhibit O, #3 Exhibit P)(Bolanos, Maria)
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Filing 147
MEMORANDUM by Taryn Dietrich in support of motion to certify class #146 (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 Q, #15 Exhibit R, #16 Exhibit S, #17 Exhibit T, #18 Exhibit U, #19 Dietrich Deposition, #20 Herchenroether Deposition, #21 Nelson (Bowling) Deposition, #22 O'Sullivan Deposition, #23 Roscich Deposition, #24 Simon Deposition, #25 Smith Deposition, #26 Thephasdin Deposition, #27 Vigeant Deposition, #28 Exhibit List)(Bolanos, Maria)
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Filing 146
MOTION by Plaintiff Taryn Dietrich to certify class (renewed motion) (Bolanos, Maria)
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Filing 145
NOTICE of Motion by Maria De Las Nieves Bolanos for presentment of motion to seal #144 before Honorable Ronald A. Guzman on 9/26/2019 at 09:30 AM. (Bolanos, Maria)
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Filing 144
MOTION by Plaintiff Taryn Dietrich to seal certain Exhibits to Plaintiff's Memorandum of Law in Support of Renewed Motion for Class Certification (Bolanos, Maria)
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Filing 143
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiffs' motion for leave to file memorandum in support of motion for class certification with excess pages #140 is granted. Motion hearing noticed for 9/19/2019 is stricken and no appearance is necessary. Mailed notice (is, )
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Filing 142
MINUTE entry before the Honorable Gabriel A. Fuentes: Status hearing held. The parties report on the status of discovery. As stated on the record and by agreement, the parties are to meet and confer for the purposes of completing any remaining discovery issues. The matter is set for a status hearing before the magistrate judge on 10/10/19 at 9:30 a.m. Mailed notice. (jj, )
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Filing 141
NOTICE of Motion by Maria De Las Nieves Bolanos for presentment of motion for leave to file excess pages #140 before Honorable Ronald A. Guzman on 9/19/2019 at 09:30 AM. (Bolanos, Maria)
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Filing 140
MOTION by Plaintiff Taryn Dietrich for leave to file excess pages (Bolanos, Maria)
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Filing 139
TRANSCRIPT OF PROCEEDINGS held on 9/12/19 before the Honorable Ronald A. Guzman. Order Number: 36058. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
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Filing 138
MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 9/12/2019. Defendant's counsel not present in Court. Plaintiff's counsel reports on the status of the responses to the collection action notices. Plaintiff's Rule 23 motion for class certification to be filed on or before 9/23/2019. Status hearing set for 9/25/2019 at 09:30 AM. Defendant's counsel is ordered to appear at the next status. Mailed notice (is, )
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Filing 137
NOTICE by All Plaintiffs of Filing Consent to Become a Party Plaintiff (Cowlin, Patrick)
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Filing 136
NOTICE by All Plaintiffs of Filing Consent to Become a Party Plaintiff (Cowlin, Patrick)
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Filing 135
NOTICE by All Plaintiffs of Filing Consent to Become a Party Plaintiff (Cowlin, Patrick)
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Filing 134
STIPULATED ORDER Signed by the Honorable Gabriel A. Fuentes on 8/16/2019. Mailed notice. (jj, )
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Filing 133
MINUTE entry before the Honorable Gabriel A. Fuentes: The magistrate judge having conferred with Judge Guzman, the Court hereby enters the parties' proposed Stipulated Order and extends the discovery period in this case to and including September 16, 2019, so that the parties may conduct and complete only the discovery described in the Stipulated Order, and no other discovery. The Court's extension of the discovery period for this limited purpose is a final extension. Enter Stipulated Order. Mailed notice. (jj, )
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Filing 132
MINUTE entry before the Honorable Gabriel A. Fuentes: The Court is in receipt of the parties' Joint Motion to Adopt Stipulated Order Resolving Dkt. #115 (doc. #129 ) and the Stipulated Order attached to it. In view of the Joint Motion, the Court denies without prejudice Plaintiff's Motion to Compel and for Sanctions (doc. #115 ) based on the parties' representation that Plaintiff has agreed to withdraw the motion without prejudice to her refiling it. The Court further provisionally grants the parties' Joint Motion (doc. #129 ), pending Judge Guzman's approval of the procedure set forth in the Stipulated Order, which calls for additional document and deposition discovery by agreement to resolve the issues presented in the Motion to Compel and for Sanctions. The magistrate judge is without authority to extend the fact discovery cutoff in this matter, and discovery closed on 8/06/19, in view of Judge Guzman's 8/01/19 denial of the plaintiff's third motion for an extension of fact discovery (doc. #120 ). In his 8/01/19 order, Judge Guzman noted that if defendant had, as plaintiff suggested, failed to timely and fully respond to plaintiff's discovery requests, plaintiff could seek sanctions under the Federal Rules of Civil Procedure. Plaintiff then filed her Motion to Compel and for Sanctions (doc. #115 ). The Motion for Sanctions raises three distinct issues which have required a significant amount of the magistrate judge's effort and time in preparation for a decision. The parties' agreement, announced in open court on 8/13/19 and stated in the Joint Motion (doc. #129 ), conserves judicial resources insofar as it sets aside, pending completion of the additional discovery contemplated in the Stipulated Order, the disputes in the Motion for Sanctions and appears to have headed off the need for the Court to decide those issues, which include what, if any, preclusive sanction should be imposed. In addition, the discovery the parties outlined in the Stipulated Order is closely aligned to the three issues raised by the Motion for Sanctions, and both parties have shown good faith in attempting to resolve those issues, including the defendant's having agreed to produce additional relevant discovery that it earlier had resisted. While the Court is fully cognizant of, and takes no issue with, the reasons stated by Judge Guzman on 8/01/19 for refusing to extend the discovery period in this case, the magistrate judge recommends that Judge Guzman allow the limited discovery -- and only that discovery -- set forth in the Stipulated Order, along with a reasonable time (the magistrate judge suggests 30 days from the date of any order by Judge Guzman allowing this additional discovery) to complete it. The magistrate judge has concluded, upon a close examination of the Motion for Sanctions, that completion of the additional discovery set forth in the Stipulated Order is in the interest of justice. Accordingly, the magistrate judge is provisionally granting the Joint Motion, subject to Judge Guzman's approval of the conduct of this additional discovery within whatever time frame Judge Guzman deems appropriate. The magistrate judge will enter the Stipulated Order only upon entry of the necessary order from Judge Guzman. If Judge Guzman does not approve the additional discovery, the magistrate judge will enter an order denying the Joint Motion and scheduling the Motion for Sanctions for further hearing. Mailed notice. (jj, )
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Filing 131
MINUTE entry before the Honorable Gabriel A. Fuentes: Status and motion hearings held. The parties report on the status of discovery. The parties further report that they have reached agreement with respect to plaintiff's motion to compel and for sanctions (doc. #115 ) and that they shortly will be filing a stipulation. For the reasons stated on the record, plaintiff's motion to compel and for sanctions (doc. #115 ) is entered and continued. The matter is set for a status hearing before the magistrate judge on 9/18/19 at 9:30 a.m. The plaintiff's motion to compel and for sanctions (doc. #115 ) is hereby ordered unsealed. Mailed notice. (jj, )
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Filing 130
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion for miscellaneous relief #129 before Honorable Gabriel A. Fuentes on 8/20/2019 at 10:30 AM. (Maatman, Gerald)
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Filing 129
MOTION by Defendant C. H. Robinson Worldwide, Inc. to Adopt Stipulated Order Resolving Dkt 115 (Joint Motion) (Attachments: #1 Proposed Stipulated Order)(Maatman, Gerald)
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Filing 128
AMENDED memorandum in opposition to motion #125 To Plaintiff's Motion To Compel And For Sanctions (Maatman, Gerald)
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Filing 127
DECLARATION of Lindsay Vigeant regarding memorandum in opposition to motion #125 (To Plaintiff's Motion To Compel And For Sanctions) (Maatman, Gerald)
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Filing 126
DECLARATION of Gerald L. Maatman, Jr. regarding memorandum in opposition to motion #125 (To Plaintiff's Motion To Compel And For Sanctions) (Attachments: #1 Exhibit 1 - Defendant's Answers to First Set Of Interrogatories, #2 Exhibit 2 - Transcript of April 8 2019 proceedings, #3 Exhibit 3 - Molly Nelson Depo Transcript, #4 Exhibit 4 - Eric Herchenroether Depo Transcript, #5 Exhibit 5 - Carmen Smith Depo Transcript)(Maatman, Gerald)
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Filing 125
MEMORANDUM by C. H. Robinson Worldwide, Inc. in Opposition to Sealed motion #115 (To Plaintiff's Motion To Compel And For Sanctions) (Maatman, Gerald)
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Filing 124
TRANSCRIPT OF PROCEEDINGS held on 4-8-19 before the Honorable Jeffrey Cole. Order Number: 35604. Court Reporter Contact Information: Sandra M. Mullin, Sandra_Mullin@ilnd.uscourts.gov, 312-554-8244. 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 8/30/2019. Redacted Transcript Deadline set for 9/9/2019. Release of Transcript Restriction set for 11/7/2019. (Mullin, Sandra)
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Filing 123
MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 8/7/2019 is stricken on request of parties. Status hearing set for 9/12/2019 at 09:30 AM. for a report as to the status of the responses to the collection action notices. Mailed notice (is, )
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Filing 122
NOTICE by All Plaintiffs of Filing Consent to Become a Party Plaintiff (Bolanos, Maria)
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Filing 121
MINUTE entry before the Honorable Gabriel A. Fuentes: Hearing held on plaintiff's motion for leave to file documents under seal (doc. #114 ) and plaintiff's motion to compel and for sanctions (doc. #115 ): Plaintiff's motion for leave to file documents under seal is denied for the reasons stated on the record. Plaintiff shall file an unredacted version of the motion to compel and for sanctions with unredacted exhibits forthwith, as none of those materials may be filed under seal. On plaintiff's motion to compel and for sanctions (doc. #115 ), defendant is to file a written response before 5:00 p.m. on 8/12/19 and no reply is to be filed. On discovery, the parties tendered to the Court a copy of Judge Guzman's 8/01/19 order denying the motion to extend the discovery schedule. The parties are directed to comply with that order and raise with Judge Guzman any proposed deviation from it, by agreement or otherwise. The status hearing set for 8/13/19 remains but is moved from 9:30 a.m. to the 10:30 a.m. motion call. Mailed notice. (jj, )
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Filing 120
ORDER Signed by the Honorable Ronald A. Guzman on 8/1/2019: Plaintiff's motion to seal Plaintiff's motion to extend the discovery cut-off date and related exhibits #111 is granted. The motion to extend discovery #112 is denied. [For further details see Order]. Mailed notice(is, )
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Filing 119
TRANSCRIPT OF PROCEEDINGS held on 6/6/19 before the Honorable Ronald A. Guzman. Order Number: 35549. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, (312) 435-6890. |
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Filing 118
NOTICE by All Plaintiffs of Filing Consents to Become a Party Plaintiff (Cowlin, Patrick)
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Filing 117
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's motion to file the motion to extend discovery and exhibits under seal #111 is provisionally granted. Mailed notice (is, )
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Filing 116
NOTICE of Motion by Patrick James Cowlin for presentment of motion to seal #114 , Sealed motion #115 before Honorable Gabriel A. Fuentes on 8/1/2019 at 10:30 AM. (Cowlin, Patrick)
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Filing 115
MOTION by Plaintiff Taryn Dietrich to Compel and for Sanctions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Hoffman Deposition (30(b)(6)))(Cowlin, Patrick) Modified on 8/14/2019 (bg, ).
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Filing 114
MOTION by Plaintiff Taryn Dietrich to seal Plaintiff's Motion to Compel and for Sanctions and Related Exhibits (Cowlin, Patrick)
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Filing 113
NOTICE of Motion by Maria De Las Nieves Bolanos for presentment of motion to seal #111 , Sealed motion, #112 before Honorable Ronald A. Guzman on 8/1/2019 at 09:30 AM. (Bolanos, Maria)
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Filing 112
SEALED MOTION by Plaintiff Taryn Dietrich to Extend Discovery Cutoff Date (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Vigeant Deposition (30(b)(6)))(Bolanos, Maria)
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Filing 111
MOTION by Plaintiff Taryn Dietrich to seal Plaintiff's Motion to Extend Discovery Cutoff and Related Exhibits (Bolanos, Maria)
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Filing 110
NOTICE by All Plaintiffs of Filing Consent to Become a Party Plaintiff (Bolanos, Maria)
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Filing 109
MINUTE entry before the Honorable Gabriel A. Fuentes: The Court having reviewed the joint status report dated 7/12/19 (doc. #108 ), the status hearing set for 7/18/19 is hereby vacated and reset to 8/13/19 at 9:30 a.m. Fact discovery remains scheduled to be closed on 8/06/19. The parties may bring, by motion, any discovery issue they deem necessary upon full compliance with LR 37.2. Mailed notice. (jj, )
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Filing 108
STATUS Report (Joint) by Taryn Dietrich (Bolanos, Maria)
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Filing 107
Plaintiff's Statement Regarding Collective Action Notice STATEMENT by Taryn Dietrich (Attachments: #1 Exhibit A - Notice and Consent)(Bolanos, Maria)
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Filing 106
MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' Joint Statement Regarding Collective Action Notice Issues (Dkt. # 105) and concludes that the highlighted statement regarding potential participation in discovery is unnecessary. Boltinghouse v. Abbott Labs., Inc., 196 F. Supp. 3d 838, 843 (N.D. Ill. 2016) (finding that "a warning to each potential plaintiff that he or she may be required to sit in depositions and testify is unnecessary" because "[t]he possibility that any one plaintiff will be so required is slim; representative discovery may be the superior approach anyway; and the risk of chilling would-be plaintiffs' participation in the collective action may well outweigh the risk to those plaintiffs of incurring litigation costs (by way of lost time or even counsel fees) as a result of their participation.") (internal citations omitted). Further, while the joint statement indicates that the parties have not reached agreement on what constitutes timely notice to join, the proposed notice includes a 60-day period, which the Court deems acceptable. See Pizano v. Big Top Party Rentals, LLC, No. 15 C 11190, 2018 WL 2193245, at *8 (N.D. Ill. May 14, 2018) ("The Court sees nothing unreasonable about the application of a 60-day notice period proposed by Plaintiff, which this Court has used in other FLSA cases."). Plaintiff is directed to file a statement no later than July 10, 2019, indicating when the initial wave of notices will be sent. Mailed notice (is, )
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Filing 105
JOINT STATEMENT by C. H. Robinson Worldwide, Inc. and Plaintiff Taryn Dietrich Regarding Collective Action Notice Issues (Attachments: #1 Exhibit A)(Maatman, Gerald)
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Filing 104
MINUTE entry before the Honorable Gabriel A. Fuentes: Pursuant to the Executive Committee Order entered on 5/31/19 (doc. #100 ), the case has been reassigned to Magistrate Judge Fuentes. An initial status report is required and shall be filed on or before 7/12/19. The status report should address the subjects referenced in Magistrate Judge Feuntes' Standing Order for Initial Status Report posted on the Court's website at www.ilnd.uscourts.gov/Judges as applicable to referral cases. The matter is set for an initial status hearing before Magistrate Judge Fuentes on 7/18/19 at 9:30 a.m. in Courtroom #1838. Mailed notice. (jj, )
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Filing 103
MEMORANDUM Opinion and Order Signed by the Honorable Ronald A. Guzman on 6/13/2019: For the reasons stated below, Plaintiff's motion for conditional certification #74 is granted. The parties are directed to meet and confer within 14 days of the date of entry of this order regarding the form and timing of the notice for individuals to opt in. After the parties have met, and no more than 21 days after the date of entry of this order, the parties shall file a statement indicating whether agreement has been reached on the notice issues, and if so, attaching the agreed-upon form of notice and proposed schedule for sending out notices and allowing individuals to opt in to the collective action. In the event agreement is not reached, the parties shall briefly set forth in the statement the issues that remain to be resolved. [For further details see Statement]. Mailed notice (is, )
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Filing 102
MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 6/6/2019. Joint motion to extend fact discovery cutoff #99 is granted. Fact discovery ordered closed by 8/6/2019. NO FURTHER EXTENSIONS. Status hearing set for 6/13/2019 is stricken and reset to 8/7/2019 at 09:30 AM. Mailed notice (is, )
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Filing 101
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of extension of time #99 before Honorable Ronald A. Guzman on 6/6/2019 at 09:30 AM. (Maatman, Gerald)
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Filing 100
EXECUTIVE COMMITTEE ORDER: (General Order 19-0019) It appearing that Gabriel A. Fuentes has been appointed as a United States Magistrate Judge for the Northern District of Illinois with a duty station in Chicago, Illinois effective May 31, 2019; and It further appearing that Internal Operating Procedure 17 provides for the creation of an initial calendar for a newly-appointed magistrate judge; therefore It is hereby ordered that the attached list of civil consent cases and civil referrals are hereby reassigned to form the initial calendar of the Honorable Gabriel A. Fuentes; and It is further ordered that, unless otherwise ordered by Magistrate Judge Fuentes, all hearing dates, deadlines, and schedules set by the Magistrate Judges in the attached list of cases are to remain in effect. Case referred to the Honorable Gabriel A. Fuentes. Signed by Executive Committee on 5/31/2019.(sm, )
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Filing 99
MOTION by Defendant C. H. Robinson Worldwide, Inc. for extension of time (Joint Motion to Extend Fact Discovery Cutoff) (Maatman, Gerald)
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Filing 98
REPLY by Plaintiff Taryn Dietrich to memorandum in opposition to motion #96 , motion for miscellaneous relief #74 (Plaintiff's Reply in Support of Motion to Conditionally Certify A Collective Action Under Section 216(b) of The FLSA and to Issue Notice to Class Members) (Attachments: #1 Exhibit A (Dietrich Dep. Excerpts))(Cowlin, Patrick)
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Filing 97
DECLARATION regarding memorandum in opposition to motion #96 (Attachments: #1 Exhibit 1 - Excerpts of Lindsay Vigeant Deposition, #2 Exhibit 2 - Excerpts of Taryn Dietrich Deposition, #3 Exhibit 3 - Declaration of Lindsay Vigeant)(Maatman, Gerald)
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Filing 96
MEMORANDUM by C. H. Robinson Worldwide, Inc. in Opposition to motion for miscellaneous relief #74 (Memorandum of Law in Opposition to Plaintiff's Motion for Conditional Certification) (Maatman, Gerald)
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Filing 95
MINUTE entry before the Honorable Ronald A. Guzman: Defendant's unopposed motion to extend time to file its response to Plaintiff's motion for conditional certification of a collective action #93 is granted. Defendant's response due by 5/13/2019. Reply due by 5/28/2019. Motion hearing noticed for 4/30/2019 is stricken and no appearance is necessary. Mailed notice (is, )
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Filing 94
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion for extension of time to file response/reply, #93 before Honorable Ronald A. Guzman on 4/30/2019 at 09:30 AM. (Maatman, Gerald)
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Filing 93
MOTION by Defendant C. H. Robinson Worldwide, Inc. for extension of time to file response/reply as to motion for miscellaneous relief #74 (Unopposed Motion to Extend Time to File Response to Plaintiff's Motion for Conditional Certification of a Collective Action) (Maatman, Gerald)
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Filing 92
MINUTE entry before the Honorable Jeffrey Cole: Status hearing held and continued to 7/18/2019 at 08:30 AM. Counsel report that plaintiff's deposition will be taken tomorrow but other depositions have not yet been scheduled and that written discovery is ongoing. Mailed notice (jms, )
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Filing 91
TRANSCRIPT OF PROCEEDINGS held on 4/9/19 before the Honorable Ronald A. Guzman. Order Number: 34359. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, (312) 435-6890. |
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Filing 90
MINUTE entry before the Honorable Ronald A. Guzman: Defendant's motion for an extension to 5/6/2019 to respond to plaintiff's motion for conditional collective action certification so that it may depose named plaintiff before responding #87 is granted. Plaintiff then shall have until 5/20/2019 to reply. Status hearing set for 4/16/2019 is stricken and no appearance is necessary. Motion hearing noticed for 4/18/2019 is also stricken. Mailed notice (is, )
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Filing 89
STATEMENT by Taryn Dietrich Regarding Proposed Case Schedule (Attachments: #1 Exhibit 1 - 4/9/19 Court Hrg. Transcript)(Cowlin, Patrick)
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Filing 88
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of extension of time #87 before Honorable Ronald A. Guzman on 4/18/2019 at 09:30 AM. (Maatman, Gerald)
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Filing 87
MOTION by Defendant C. H. Robinson Worldwide, Inc. for extension of time to File Its Response to Plaintiff's Motion for Conditional Certification of a Collective Action (Unopposed) (Maatman, Gerald)
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Filing 86
MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 4/9/2019. Plaintiff's request to go forward with the collective action briefing is granted. Plaintiff's motion for class certification #83 is dismissed without prejudice. Motion hearing noticed for 4/11/2019 is stricken and no appearance is necessary. Parties' proposed schedule as stated on the record shall be filed by 4/15/2019. Status hearing set for 4/16/2019 at 09:30 AM. Mailed notice (is, )
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Filing 85
NOTICE of Motion by Maria De Las Nieves Bolanos for presentment of motion to certify class #83 before Honorable Ronald A. Guzman on 4/11/2019 at 09:30 AM. (Bolanos, Maria)
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Filing 84
MEMORANDUM by Taryn Dietrich in support of motion to certify class #83 (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 K, #11 Exhibit L, #12 Exhibit M)(Bolanos, Maria)
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Filing 83
MOTION by Plaintiff Taryn Dietrich to certify class (Bolanos, Maria)
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Filing 82
MINUTE entry before the Honorable Jeffrey Cole: Motion hearing held. Plaintiff's motion for sanctions #78 is granted in part and denied in part. It is granted insofar as plaintiff is allowed to take an additional Rule 30(b)(6) deposition as discussed in open court pertaining to the question of schedules and work hours. The 30(b)(6) witness shall appear in Chicago at the plaintiff's offices with the travel cost being borne by the defendant as well as the cost of the court reporter. If any questions arise during the upcoming depositions -- or any future depositions -- counsel should not hesitate to call chambers at 312-435-5601. If counsel do not call chambers, the issue that arises will be deemed waived and cannot be the subject of a subsequent motion.Mailed notice (jms, )
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Filing 81
NOTICE of Motion by Patrick James Cowlin for presentment of motion to amend/correct #80 before Honorable Ronald A. Guzman on 4/9/2019 at 09:30 AM. (Cowlin, Patrick)
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Filing 80
MOTION by Plaintiff Taryn Dietrich to amend/correct (Unopposed Motion to Amend Case Schedule) (Cowlin, Patrick)
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Filing 79
NOTICE of Motion by Patrick James Cowlin for presentment of motion for sanctions, #78 before Honorable Jeffrey Cole on 4/8/2019 at 08:30 AM. (Cowlin, Patrick)
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Filing 78
MOTION by Plaintiff Taryn Dietrich for sanctions for Failure to Produce A Witness Prepared to Testify on Topics 2, 3 and 4 In Plaintiffs Rule 30(b)(6) Deposition Notice (Attachments: #1 Exhibit A - 30(b)(6) Notice, #2 Exhibit B - 30(b)(6) Dep. Transcript, #3 Exhibit C - Ex. 2 to 30(b)(6) Dep., #4 Exhibit D - Communications re R. 37.2)(Cowlin, Patrick)
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Filing 77
MINUTE entry before the Honorable Ronald A. Guzman: C.H. Robinson Worldwide, Inc.'s motion for leave to file a response to Plaintiff's statement regarding class and collective action certification #72 is denied as unnecessary. Defendant shall respond to Plaintiff's motion to conditionally certify a collective action #74 no later than April 23, 2019 and Plaintiff shall file any reply no later than May 7, 2019. Ruling will be made by electronic notice. Motion hearing noticed for April 4, 2019 is stricken and no appearance is necessary. Mailed notice (is, )
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Filing 76
NOTICE of Motion by Patrick James Cowlin for presentment of motion for miscellaneous relief #74 before Honorable Ronald A. Guzman on 4/4/2019 at 09:30 AM. (Cowlin, Patrick)
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Filing 75
MEMORANDUM by Taryn Dietrich in support of motion for miscellaneous relief #74 Plaintiff's Memorandum in Support of Motion to Conditionally Certify A Collective Action Under Section 216(B) Of The FLSA And To Issue Notice To Class Members (Attachments: #1 Exhibit A - Dietrich Declaration, #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 - Proposed Notice and Consent Form)(Cowlin, Patrick)
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Filing 74
MOTION by Plaintiff Taryn Dietrich Plaintiff's Motion to Conditionally Certify A Collective Action Under Section 216(B) Of The FLSA And To Issue Notice To Class Members (Cowlin, Patrick)
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Filing 73
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion for miscellaneous relief #72 before Honorable Ronald A. Guzman on 4/4/2019 at 09:30 AM. (Maatman, Gerald)
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Filing 72
MOTION by Defendant C. H. Robinson Worldwide, Inc. For Leave to File Response to Plaintiff's Statement Regarding Class and Collective Action Definitions (Maatman, Gerald)
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Filing 71
AGREED Confidentiality Order. Signed by the Honorable Jeffrey Cole on 3/27/2019. Mailed notice. (ew, )
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Filing 70
Plaintiff's Statement Regarding Class and Collective Action Definitions STATEMENT by Taryn Dietrich (Cowlin, Patrick)
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Filing 69
MINUTE entry before the Honorable Jeffrey Cole: The joint motion for entry of agreed confidentiality order #65 is granted. No appearance is necessary on the motion.Mailed notice (jms, )
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Filing 68
AMENDED NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion for miscellaneous relief #65 before Honorable Jeffrey Cole on 4/1/2019 at 08:30 AM. (Maatman, Gerald)
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Filing 67
MINUTE entry before the Honorable Ronald A. Guzman: Joint motion for entry of agreed confidentiality order #65 to be noticed before Magistrate Judge Cole pursuant to referral order dated 11/07/2018. Motion hearing noticed for 3/28/2019 is stricken. Mailed notice (is, )
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Filing 66
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion for miscellaneous relief #65 before Honorable Ronald A. Guzman on 3/28/2019 at 09:30 AM. (Maatman, Gerald)
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Filing 65
MOTION by Defendant C. H. Robinson Worldwide, Inc.(Joint Motion for Entry of Agreed Confidentiality Order) (Attachments: #1 Agreed Confidentiality Order)(Maatman, Gerald)
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Filing 64
ORDER Signed by the Honorable Ronald A. Guzman on 3/20/2019: Plaintiff's motion for conditional certification #61 is denied without prejudice and the hearing set for March 21, 2019 at 9:30 a.m. is stricken. No later than March 27, 2019 at 4 p.m., Plaintiff shall file a statement indicating whether, in light of the instant ruling, she is willing to eliminate from her proposed class and collective-action definitions those employees who signed arbitration agreements. If Plaintiff indicates that she is so willing, then she may renew her motion for conditional certification, with the revised collective-action definition, no later than April 1, 2019. The Court will then set a briefing schedule on that motion. If, however, Plaintiff indicates in her March 27, 2019 filing that she is not willing to eliminate from the class and collective-action definitions those employees who signed arbitration agreements, then CHR must file, no later than April 3, 2019, a statement as to whether it will be invoking the arbitration provisions in the relevant employees' employment agreements. After reviewing CHR's submission, the Court will issue an order as to how it intends to proceed. [For further details see Statement]. Mailed notice(is, )
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Filing 63
NOTICE of Motion by Patrick James Cowlin for presentment of motion for miscellaneous relief #61 before Honorable Ronald A. Guzman on 3/21/2019 at 09:30 AM. (Cowlin, Patrick)
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Filing 62
MEMORANDUM by Taryn Dietrich in support of motion for miscellaneous relief #61 - Plaintiff's Motion to Conditionally Certify a Collective Action Under Section 216(b) of the FLSA and to Issue Notice to Class Members (Attachments: #1 Exhibit A - Dietrich Declaration, #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 - Notice and Consent)(Cowlin, Patrick)
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Filing 61
MOTION by Plaintiff Taryn Dietrich to Conditionally Certify a Collective Action Under Section 216(b) of the FLSA and to Issue Notice to Class Members (Cowlin, Patrick)
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Filing 60
ANSWER to amended complaint (Answer and Affirmative Defenses) by C. H. Robinson Worldwide, Inc.(Maatman, Gerald)
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Filing 59
MINUTE entry before the Honorable Jeffrey Cole: Status hearing held and continued to 4/23/2019 at 08:30 AM. Counsel for defendants did not appear or call. Counsel are reminded that attendance at all court proceedings, including status conferences, is mandatory not optional. Counsel are urged to bring any issues to the court's attention without delay. They are reminded that Judge Guzman has issued a final extension of discovery and while the ultimate decision on further extensions is his, counsel should be aware that it is unlikely that he will grant any further extensions in light of his order of 3/4/19 #57 . Counsel are also reminded neither to delay or to allow themselves to be delayed in bringing matters to this court's attention that are not promptly resolved under Local Rule 37.2 -- which, it must be repeated, do not allow an exchange of emails. Delay in presentation of issues can be fatal to the party who should have, but did not bring the matter to the court's attention earlier. See, e.g. Gutierrez v. AT&T Broadband, LLC, 382 F.3d 725, 733 (7th Cir. 2004); In re Sulfuric Acid Antitrust Litigation, 230 F.R.D. 527, 533 (N.D.Ill. 2005). Finally, the question of turnover of emails and related documents is often crucial to the resolution of the case. It cannot be denied that in the world in which we live emails of a party's employees may be the most compelling form of evidence. The value of emails and texts messages can be particularly significant in litigation due to the fact that the ease of sending or replying to such messages can cause people to say things they might not otherwise say in traditional correspondence. Indeed, they are often replete with unrehearsed, spontaneous statements that surpass in simplicity and frankness and ease of understanding other far more complicated bits of evidence. See Michael B. Bittner, Electronic Discovery: Understanding the Framework of Florida E-Discovery Law, Trial Advoc. Q., Spring 2016, at 22; Lawrence D. Rosenberg, Lawyers' Poker: Using the Lessons of Poker to Win Litigation, 54 The Advocate (Texas) 10, 12 (2011). Simply stated, [e]lectronic communications have the potential to... provide the proverbial smoking gun. William A. Herbert, The Electronic Workplace: To Live Outside the Law You Must Be Honest, 12 Emp. Rts. & Emp. Pol'y J. 49, 5152 (2008). See generally BankDirect Capital Finance, LLC v. Capital Premium Financing, Inc., 2018 WL 1616725, *11 (N.D.Ill. 2018). Of course, nothing in the latter Opinion is intended to suggest in any way any actual or potential impropriety on either side. The purpose is simply to underscore the importance that emails have come to play in modern litigation and why their appropriate and prompt production can be so important.Mailed notice (jms, )
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Filing 58
MEMORANDUM Opinion and Order Signed by the Honorable Ronald A. Guzman on 3/5/2019: Defendant's motion to dismiss the First Amended Complaint ("FAC") #45 is denied. [For further details see Statement]. Mailed notice(is, )
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Filing 57
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's have filed an Agreed Motion To Extend Date To File Motion For Class Certification #55 . In the motion plaintiff explains that after the Court set the discovery cutoff date on November 7, 2018 the defendant responded to the "first sets of written discovery" on February 18, 2019. Further, the parties apparently "are in the process of working through discovery objections/disputes in connection with their respective responses...including disputes related to an ESI protocol for Defendant's responses...." It would appear that in the four months since the discovery deadline was announced this is all the discovery the parties have accomplished. This is insufficient. It is clear that the parties have not taken the Court's discovery completion deadline (5/7/19) and class certification motion filing deadline (3/7/19) seriously. The Court will grant this motion and extend the class certification filing deadline to 4/8/19. The Court will also extend the fact discovery cutoff to 6/7/19. The parties should understand, however, that there will be no more extensions of either deadline for any reason. Status hearing set for 6/13/19 at 09:30 AM. Motion hearing noticed for 3/5/19 is stricken and no appearance is necessary. Mailed notice (is, )
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Filing 56
NOTICE of Motion by Patrick James Cowlin for presentment of extension of time #55 before Honorable Ronald A. Guzman on 3/5/2019 at 09:30 AM. (Cowlin, Patrick)
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Filing 55
MOTION by Plaintiff Taryn Dietrich for extension of time AGREED MOTION TO EXTEND DATE TO FILE MOTION FOR CLASS CERTIFICATION (Cowlin, Patrick)
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Filing 54
Defendant's Notice of Supplemental Authority by C. H. Robinson Worldwide, Inc. (Attachments: #1 Exhibit A)(Maatman, Gerald)
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Filing 53
RESPONSE by C. H. Robinson Worldwide, Inc.in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant C. H. Robinson Worldwide, Inc. (Motion to Dismiss Amended Complaint) #45 (Reply in Support of Motion to Dismiss Amended Complaint) (Maatman, Gerald)
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Filing 52
DECLARATION of Gerald L. Maatman, Jr. regarding reply #51 in Support of Its Objections to the Proposed Class Action and Collective Action Definitions Including Individuals Who Signed Arbitration Agreements (Attachments: #1 Exhibit 1 - Interrogatory Requests, #2 Exhibit 2 - Document Requests)(Maatman, Gerald)
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Filing 51
REPLY by Defendant C. H. Robinson Worldwide, Inc. in Support of Its Objections #43 to the Proposed Class Action and Collective Action Definitions Including Individuals Who Signed Arbitration Agreements (Maatman, Gerald)
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Filing 50
MEMORANDUM by Taryn Dietrich in Opposition to Motion to Dismiss for Failure to State a Claim #45 PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE AMENDED COMPLAINT (Bolanos, Maria)
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Filing 49
MEMORANDUM other #43 by Taryn Dietrich IN OPPOSITION TO DEFENDANT'S OBJECTIONS TO THE PROPOSED CLASS ACTION AND COLLECTIVE ACTION DEFINITIONS INCLUDING INDIVIDUALS WHO SIGNED ARBITRATION AGREEMENTS (Bolanos, Maria)
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Filing 48
MINUTE entry before the Honorable Ronald A. Guzman: The briefing schedule as to Defendant's Motion to Dismiss Amended Complaint #45 is as follows: Plaintiff's response due by 2/1/2019. Reply due by 2/15/2019. The Court will rule electronically. Motion hearing noticed for 1/15/2019 is stricken and no appearance is necessary. Mailed notice (is, )
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Filing 47
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of Motion to Dismiss for Failure to State a Claim #45 before Honorable Ronald A. Guzman on 1/15/2019 at 09:30 AM. (Maatman, Gerald)
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Filing 46
MEMORANDUM by C. H. Robinson Worldwide, Inc. in support of Motion to Dismiss for Failure to State a Claim #45 (Memorandum in Support of Motion to Dismiss Amended Complaint) (Maatman, Gerald)
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Filing 45
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant C. H. Robinson Worldwide, Inc. (Motion to Dismiss Amended Complaint) (Maatman, Gerald)
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Filing 44
DECLARATION of Gerald L. Maatman, Jr. regarding other #43 (Declaration in Support of Objections to the Proposed Class Action and Collective Action Definitions) (Attachments: #1 Exhibit A - Letter from P Wozniak to J Franklin)(Maatman, Gerald)
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Filing 43
Objection to the Proposed Class Action and Collective Action Definitions Including Individuals Who Signed Arbitration Agreements (see ECF #41 by C. H. Robinson Worldwide, Inc. (Maatman, Gerald)
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Filing 42
AMENDED complaint by Taryn Dietrich against C. H. Robinson Worldwide, Inc. (Bolanos, Maria)
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Filing 41
MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 12/12/2018. Defendant's memorandum setting forth its objections to the proposed class including individuals who signed arbitration agreements to be filed no later than 1/9/2019. Plaintiff's response due by 1/30/2019 and any reply due by 2/11/2019. Ruling will be made electronically. Mailed notice (is, )
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Filing 40
MEMORANDUM Opinion and Order Signed by the Honorable Ronald A. Guzman on 12/6/2018: For the reasons stated below, Defendant's motion to strike the class and collective-action allegations and to dismiss the complaint #16 is granted in part and denied in part. Defendant's motion to strike the class and collective-action allegations is denied and its motion to dismiss Plaintiff's individual claims is granted. Plaintiff is given 14 days to replead her individual claims in accordance with the analysis set forth herein. [For further details see Statement]. Mailed notice(is, )
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Filing 39
REPLY by Defendant C. H. Robinson Worldwide, Inc. to motion to strike #16 (Defendant's Reply in Support of Motion to Strike Collective and Class Allegations and to Dismiss Complaint) (Maatman, Gerald)
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Filing 38
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's motion to leave to file excess pages #35 is granted. In the future, parties shall notice motions for leave to file excess pages to be heard in sufficient time before the relevant brief is due so the Court has an opportunity to actually consider the motion before the filing date. Any future motion for enlargement of page limits shall provide specific reasons for the request. Motion hearing noticed for 11/13/2018 is stricken and no appearance is necessary. Mailed notice (is, )
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Filing 37
RESPONSE by Taryn Dietrichin Opposition to MOTION by Defendant C. H. Robinson Worldwide, Inc. to strike Collective and Class Allegations and to Dismiss Complaint #16 (Bolanos, Maria)
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Filing 36
NOTICE of Motion by Maria De Las Nieves Bolanos for presentment of motion for leave to file excess pages #35 before Honorable Ronald A. Guzman on 11/13/2018 at 09:30 AM. (Bolanos, Maria)
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Filing 35
MOTION by Plaintiff Taryn Dietrich for leave to file excess pages (Bolanos, Maria)
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Filing 34
MINUTE entry before the Honorable Jeffrey Cole: Status hearing is set for 3/12/2019 at 08:30 AM for a report on discovery progress.Mailed notice (jms, )
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Filing 33
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 and all discovery motions including protective orders without authority to extend discovery deadlines. (is, ) Mailed notice.
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Filing 32
MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 11/7/2018. ORDERED: All fact discovery closes 5/7/2019. NO EXTENSIONS. Class certification motion due by 3/7/2019. (without consideration for possible exclusions due to arbitration clauses). Defendant is ordered to disclose identities of potential class members who have signed arbitration clauses grouped by type of arbitration clause/agreement if there is more than one type by 12/11/2018. Status hearing set for 12/12/2018 at 09:30 AM. to consider briefing schedule on the question of arbitration exclusions from the class. All discovery issues without authority to extend discovery deadlines are referred to the Magistrate Judge. Mailed notice (is, )
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Filing 31
MINUTE entry before the Honorable Ronald A. Guzman: Initial status hearing held on 10/24/2018. Status hearing set for 11/7/2018 at 09:30 AM. for report on number of possible class members and set a discovery schedule. Mailed notice (is, )
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Filing 30
MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed Plaintiff's memorandum supporting joinder of the class and collective action claims with Plaintiff's individual discrimination claims and concludes that, at this time, Plaintiff may proceed in this case with both sets of claims. The Court will address at the appropriate time whether separate trials will be necessary. Plaintiff may respond to any remaining arguments in Defendant's Motion to Strike Collective and Class Allegations and Dismiss Complaint #16 no later than November 7, 2018 and Defendant shall reply no later than November 21, 2018. The Court will rule electronically. Initial status remains set for October 24, 2018 at 9:30 a.m. Mailed notice (is, )
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Filing 29
MEMORANDUM text entry,, #28 by Taryn Dietrich SUPPORTING INCLUSION OF CLASS AND COLLECTIVE WAGE AND HOUR CLAIMS WITH INDIVIDUAL CLAIMS FOR GENDER AND DISABILITY-DISCRIMINATION IN THE SAME COMPLAINT (Cowlin, Patrick)
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Filing 28
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff is directed to file no later than October 22, 2018 a memorandum with citations to authority supporting her including in the same complaint class and collective-action allegations for violations of the Fair Labor Standards Act ("FLSA") and the Illinois Minimum Wage Law ("IMWL") with allegations regarding individual gender and disability-discrimination claims, which appear unrelated to the FLSA and IMWL claims. Mailed notice (is, )
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Filing 27
STATUS Report - Joint Discovery Plan by Taryn Dietrich (Cowlin, Patrick)
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Filing 26
MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 10/17/2018 is stricken and reset to 10/24/2018 at 09:30 AM. on request of parties. Mailed notice (is, )
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Filing 25
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by C. H. Robinson Worldwide, Inc. (Defendant's Corporate Disclosure Statement) (Maatman, Gerald)
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Filing 24
MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 10/17/2018 at 09:30 AM. Mailed notice (is, )
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Filing 23
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Ronald A. Guzman for all further proceedings. Honorable Thomas M. Durkin no longer assigned to the case. Signed by Executive Committee on 9/24/18.(gcy, )
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Filing 22
MINUTE entry before the Honorable Thomas M. Durkin:The 9/25/2018 status hearing is vacated as this Court will be issuing a recusal order. Mailed notice (srn, )
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Filing 21
STATUS Report (Joint Status Report) by Taryn Dietrich (Cowlin, Patrick)
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Filing 20
NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion to strike #16 before Honorable Thomas M. Durkin on 9/25/2018 at 09:00 AM. (Maatman, Gerald)
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Filing 19
DECLARATION of Angela Freeman regarding motion to strike #16 (Collective and Class Allegations and to Dismiss Complaint) (Maatman, Gerald)
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Filing 18
DECLARATION of Gerald L. Maatman, Jr. regarding motion to strike #16 (Collective and Class Allegations and to Dismiss Complaint) (Attachments: #1 Exhibit 1 - C.H. Robinson's Confidentiality and Protection of Business Agreement)(Maatman, Gerald)
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Filing 17
MEMORANDUM by C. H. Robinson Worldwide, Inc. in support of motion to strike #16 (Collective and Class Allegations and to Dismiss Complaint) (Maatman, Gerald)
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Filing 16
MOTION by Defendant C. H. Robinson Worldwide, Inc. to strike Collective and Class Allegations and to Dismiss Complaint (Maatman, Gerald)
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Filing 15
ATTORNEY Appearance for Defendant C. H. Robinson Worldwide, Inc. by Mark W. Wallin (Wallin, Mark)
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Filing 14
ATTORNEY Appearance for Defendant C. H. Robinson Worldwide, Inc. by Christina Marie Janice (Janice, Christina)
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Filing 13
ORDERL Joint status report due by 9/20/2018. Status hearing set for 9/25/2018 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 8/9/2018:Mailed notice(srn, )
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Filing 12
Opt-In Consent by Taryn Dietrich (Franklin, Jamie)
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Filing 11
WAIVER OF SERVICE returned executed by Taryn Dietrich. C. H. Robinson Worldwide, Inc. waiver sent on 7/18/2018, answer due 9/17/2018. (Franklin, Jamie) (Docket Text Modified on 7/26/2018 by Clerk's Office) (eaa, ).
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Filing 10
ATTORNEY Appearance for Plaintiff Taryn Dietrich by Robin B. Potter (Potter, Robin)
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Filing 9
ATTORNEY Appearance for Plaintiff Taryn Dietrich by Patrick James Cowlin (Cowlin, Patrick)
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Filing 8
ATTORNEY Appearance for Plaintiff Taryn Dietrich by Maria De Las Nieves Bolanos (Bolanos, Maria)
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Filing 7
ATTORNEY Appearance for Defendant C. H. Robinson Worldwide, Inc. by Gerald L. Maatman, Jr (Maatman, Gerald)
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Filing 6
ATTORNEY Appearance for Defendant C. H. Robinson Worldwide, Inc. by Peter John Wozniak (Wozniak, Peter)
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Filing 5
REQUEST for Waiver of Service sent to C. H. Robinson Worldwide, Inc. on July 18 2018 by Plaintiff Taryn Dietrich. Waiver of service due by 8/20/2018. (Franklin, Jamie)
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Filing 4
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (eaa, )
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Filing 3
ATTORNEY Appearance for Plaintiff Taryn Dietrich by Jamie S. Franklin (Franklin, Jamie)
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Filing 2
CIVIL Cover Sheet (Franklin, Jamie)
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Filing 1
COMPLAINT filed by Taryn Dietrich; Jury Demand. Filing fee $ 400, receipt number 0752-14707623.(Franklin, Jamie)
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CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeffrey Cole. (pj, )
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