Marquez v. DJM Logistics, LLC, et al
| Eric Marquez and Blaine Schultz |
| Andrew Silver, individually, Matthew Vogrich, individually, DJM Logistics, LLC, d/b/a Molo Solutions, an Illinois Limited Liability Company, DJM Logistics, LLC, Matthew Vogrich, Andrew Silver and DJM Logistics, LLC An Illinois Limited Liability Company doing business as Molo Solutions |
| 1:2019cv01264 |
| February 20, 2019 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 55 AGREED Order signed by the Honorable Virginia M. Kendall on 8/17/2020. This Court grants the Parties' Joint Motion for Approval of Fair Labor Standards Act ("FLSA") Settlement Agreement #54 . The matter is hereby dismissed without prejudice. The Parties are granted leave to reinstate on or before 10/02/2020. If a motion to reinstate is not filed by 10/02/2020, the case shall automatically convert to a dismissal with prejudice without further order of the Court. All pending hearing dates and motions are stricken. Civil case terminated. Mailed notice(lk, ) |
| Filing 54 MOTION by Plaintiffs Eric Marquez, Blaine Schultz for settlement Joint Motion for Approval of Fair Labor Standards Act ("FLSA") Settlement Agreement (Attachments: #1 Exhibit A, #2 Group Exhibit B, #3 Notice of Filing)(Billhorn, John) |
Filing 53
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. (Clerk4, Docket)
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| Filing 52 MINUTE entry before the Honorable Virginia M. Kendall. The Court adopts briefing schedule as outlined in Joint Status Report #51 . Motion for Summary Judgment shall be filed by 12/15/2020. Response due by 1/8/2021. Reply due by 1/22/20212. Status hearing set for 12/21/2020 at 9:00 AM in the event a Motion for Summary Judgment is not filed. Mailed notice (lk, ) |
| Filing 51 STATUS Report on Settlement Progress and Dispositive Motion Briefing Schedule by DJM Logistics, LLC, Andrew Silver, Matthew Vogrich (Brenneman, Steven) |
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Filing 50
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. (docket5, )
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| Filing 49 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 5/27/2020 is stricken. Mailed notice (lk, ) |
| Filing 48 MINUTE entry before the Honorable Virginia M. Kendall. Parties shall file a Status Report regarding Settlement on or before 6/18/2020. If case has not settled, the parties shall propose a dispositive motion briefing schedule. Mailed notice (lk, ) |
| Filing 47 STATUS Report Joint Status Report by Eric Marquez, Blaine Schultz (Attachments: #1 Notice of Filing)(Engelson, Samuel) |
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Filing 46
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. (docket4, )
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Filing 45
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. (docket5, )
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Filing 44
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 43
GENERAL ORDER signed by the Honorable Virginia M. Kendall: In view of the current situation regarding COVID19, the Court encourages counsel with motion or status hearings set over the next few weeks to (a) file a joint status report if they believe that the motion and/or status can be handled without an appearance simply by providing the Court with an update on the progress of the case or an indication that the relief requested in the motion either is unopposed or can be addressed with an agreed briefing schedule or (b) make arrangements to appear by telephone for all motions and status hearings that cannot be handled without an appearance. If you would like to appear by telephone for any hearing or status conference, please contact the Courtroom Deputy, Lynn Kandziora, preferably by email (Lynn_Kandziora@ilnd.uscourts.gov) or by telephone (312) 4085153, if necessary, to advise her of the case number and the name of the person who is expecting to participate. We will open the phone lines shortly before the start time every day that court is in session. Please use the Court's toll free call in number 877 848 7030, conference access code is 2413900. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Signed by the Honorable Virginia M. Kendall on 3/13/2020: Mailed notice. (rp, )
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| Filing 42 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 2/20/2020. Parties report they are working to resolve case. Discovery shall remain stayed until 5/27/2020. Status hearing set for 5/27/2020 at 9:00 AM. Mailed notice (lk, ) |
| Filing 41 NOTICE by All Plaintiffs (Attachments: #1 Consent of Jonathan Olushina)(Billhorn, John) |
| Filing 40 NOTICE by All Plaintiffs Notice Of Filing (Attachments: #1 Consent of Joseph Smith)(Billhorn, John) |
| Filing 39 NOTICE by All Plaintiffs (Attachments: #1 Consent of Eric Calixto)(Billhorn, John) |
| Filing 38 MINUTE entry before the Honorable Virginia M. Kendall. Pursuant to the parties agreement, (Dkt. #33 ), Plaintiffs' Motion for Stage-One Conditional Certification and Notice To Putative Class Members #25 is dismissed as moot. Mailed notice (lk, ) |
| Filing 37 MINUTE entry before the Honorable Virginia M. Kendall. Motion and Status hearing held on 12/11/2019. Parties' Joint Motion for approval of FLSA Notice and Consent Forms and Schedule for sending Notice #33 is granted. Status hearing set for 2/20/2019 at 9:00 AM. Parties' Joint Motion to Stay Discovery during FLSA Notice and Opt-In Period #35 is granted. Discovery is stayed until 3/2/2020. Motion hearing set for 12/16/2019 is stricken. Mailed notice (lk, ) |
| Filing 36 NOTICE of Motion by John William Billhorn for presentment of motion to stay #35 before Honorable Virginia M. Kendall on 12/16/2019 at 09:00 AM. (Billhorn, John) |
| Filing 35 MOTION by Plaintiffs Eric Marquez, Blaine Schultz to stay PARTIES JOINT MOTION TO STAY DISCOVERY DURING THE FLSA NOTICE AND OPT-IN PERIOD (Billhorn, John) |
| Filing 34 NOTICE of Motion by Samuel David Engelson for presentment of motion for miscellaneous relief #33 before Honorable Virginia M. Kendall on 12/11/2019 at 09:00 AM. (Engelson, Samuel) |
| Filing 33 MOTION by Plaintiffs Eric Marquez, Blaine SchultzPARTIES' JOINT MOTION FOR APPROVAL OF FLSA NOTICE AND CONSENT FORMS AND SCHEDULE FOR SENDING OF NOTICE (Attachments: #1 Exhibit A, B)(Engelson, Samuel) |
| Filing 32 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 11/12/2019. Plaintiffs' Motion for extension of time to complete Discovery #28 is granted. Written Discovery shall be completed 12/11/2019. End of Fact Discovery including all fact depositions to be completed by 1/8/2020. Briefing schedule set as to Plaintiffs' Motion to Certify Class #25 . Response due by 11/19/2019. Reply due by 11/26/2019. Status hearing set for 12/11/2019 at 9:00 AM.Mailed notice (lk, ) |
| Filing 31 NOTICE by Eric Marquez, Blaine Schultz Notice Of Filing Consent of Ronnell Strickland (Attachments: #1 Consent Of Ronnell Strickland)(Billhorn, John) |
| Filing 30 AMENDED NOTICE of Motion by John William Billhorn for presentment of motion to certify class #25 , motion for extension of time to complete discovery, #28 before Honorable Virginia M. Kendall on 11/12/2019 at 09:00 AM. (Billhorn, John) |
| Filing 29 NOTICE of Motion by John William Billhorn for presentment of motion for extension of time to complete discovery, #28 before Honorable Virginia M. Kendall on 11/5/2019 at 09:00 AM. (Billhorn, John) |
| Filing 28 MOTION by Plaintiffs Eric Marquez, Blaine Schultz for extension of time to complete discovery Plaintiffs' Motion For Extension of Time to Conduct Fact Discovery For the Purpose of Conducting Third Party Deposition (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C")(Billhorn, John) |
| Filing 27 NOTICE of Motion by John William Billhorn for presentment of motion to certify class #25 before Honorable Virginia M. Kendall on 11/5/2019 at 09:00 AM. (Billhorn, John) |
| Filing 26 MEMORANDUM by Eric Marquez, Blaine Schultz in support of motion to certify class #25 (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")(Billhorn, John) |
| Filing 25 MOTION by Plaintiffs Eric Marquez, Blaine Schultz to certify class Plaintiffs' Motion For Stage-One Conditional Certification And Notice To Putative Class Members (Billhorn, John) |
| Filing 24 NOTICE by Eric Marquez, Blaine Schultz (Attachments: #1 Consent Of Carlos Thomas)(Billhorn, John) |
| Filing 23 Entered in Error (lk, ) (Main Document 23 replaced on 9/5/2019) (lk, ). |
| Filing 22 AGREED Confidentiality Order signed by the Honorable Virginia M. Kendall on 8/14/2019. Mailed notice(lk, ) |
| Filing 21 MINUTE entry before the Honorable Virginia M. Kendall. Parties' Agreed Motion for entry of Confidentiality Order #19 is granted. Order to follow. Motion hearing set for 8/19/2019 is stricken. Mailed notice (lk, ) |
| Filing 20 NOTICE of Motion by Steven L. Brenneman for presentment of motion for order #19 before Honorable Virginia M. Kendall on 8/19/2019 at 09:00 AM. (Brenneman, Steven) |
| Filing 19 MOTION by Defendants DJM Logistics, LLC, Andrew Silver, Matthew Vogrich for order Agreed Motion for Entry of Confidentiality Order (Brenneman, Steven) |
| Filing 18 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendants DJM Logistics, LLC, Andrew Silver, Matthew Vogrich. (Brenneman, Steven) |
| Filing 17 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiffs Eric Marquez, Blaine Schultz. (Engelson, Samuel) |
| Filing 16 MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing held on 5/8/2019. End of Fact Discovery ordered closed by 11/8/2019. End of Fact Discovery Status hearing set for 11/12/2019 at 9:00 AM. The parties shall be prepared to report to the court whether a dispositive motion will be filed and whether expert discovery is necessary. Parties are directed to contact the courtroom deputy by 8/30/2019 to inform the Court if they are requesting a referral to the Magistrate Judge for the purpose of a settlement conference.Mailed notice (lk, ) |
| Filing 15 STATUS Report by Eric Marquez, Blaine Schultz (Attachments: #1 Notice of Filing)(Engelson, Samuel) |
| Filing 14 ANSWER to amended complaint by DJM Logistics, LLC, Andrew Silver, Matthew Vogrich(Liss, Louis) |
| Filing 13 MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing set for 4/25/2019 is reset for 5/8/2019 at 9:00 AM. Mailed notice (lk, ) |
| Filing 12 FIRST AMENDED complaint by Eric Marquez, Blaine Schultz against DJM Logistics, LLC, Andrew Silver, Matthew Vogrich (Attachments: #1 Notice of Filing)(Billhorn, John) |
| Filing 11 NOTICE by Eric Marquez Notice Of Filing (Attachments: #1 Blaine Schultz - Consent To Be A Party Plaintiff)(Billhorn, John) |
| Filing 10 WAIVER OF SERVICE returned executed by Eric Marquez. DJM Logistics, LLC waiver sent on 2/22/2019, answer due 4/23/2019; Andrew Silver waiver sent on 2/22/2019, answer due 4/23/2019; Matthew Vogrich waiver sent on 2/22/2019, answer due 4/23/2019. (Attachments: #1 Execited WOS - DJM Logistics, #2 Executed WOS - Andrew Silver, #3 Executed WOS - Matthew Vogrich)(Billhorn, John) |
| Filing 9 ATTORNEY Appearance for Defendants DJM Logistics, LLC, Andrew Silver, Matthew Vogrich by Louis Brandon Liss (Liss, Louis) |
| Filing 8 ATTORNEY Appearance for Defendants DJM Logistics, LLC, Andrew Silver, Matthew Vogrich by Martin B. Carroll (Carroll, Martin) |
| Filing 7 ATTORNEY Appearance for Defendants DJM Logistics, LLC, Andrew Silver, Matthew Vogrich by Steven L. Brenneman (Brenneman, Steven) |
| Filing 6 ATTORNEY Appearance for Plaintiff Eric Marquez by Samuel David Engelson (Engelson, Samuel) |
| Filing 5 MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 4/25/2019 at 9:00 a.m. Joint Status Report due by 4/22/2019. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, ) |
| 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. (smm, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Eric Marquez by John William Billhorn (Billhorn, John) |
| Filing 2 CIVIL Cover Sheet (Billhorn, John) |
| Filing 1 COMPLAINT ERIC MARQUEZ, ON BEHALF OF HIMSELF AND ALL OTHER SIMILARLY SITUATED PLAINTIFFS, KNOWN AND UNKNOWN, v. DJM LOGISTICS, LLC d/b/a MOLO SOLUTIONS, AN ILLINOIS LIMITED LIABILITY COMPANY, ANDREW SILVER, INDIVIDUALLY, AND MATTHEW VOGRICH, INDIVIDUALLY filed by Eric Marquez; Jury Demand. Filing fee $ 400, receipt number 0752-15504635. (Attachments: #1 Plaintiff Consent To Sue)(Billhorn, John) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (jjr, ) |
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