Cunningham et al v. Roundy's Illinois, LLC
| Kevin Cunningham, Joseph Sobaczak, Zachary Milbourn, Janel Larson, Maria Qazi, Mary DiCicco (Gehrig), Arica Rosa, Carrie R. Weaver, Thomas Ignoffo, Juliana Fuhrmann, Ruba Al Ayed, Sevcan Costner, Sharita Jackson (Powers), Melinda Kearney, Nihrien Prgam, Patrick James Ellis, Jr, Hope R. Fry, Uruja Razzak, Sergio Medina, Alejandro Diaz, Eddie Chaparro, Jonathan Battistelli, Dolores Garcia, Mary DiCicco and Sharita Jackson |
| Roundy's Illinois, LLC d/b/a Mariano's and Roundy's Illinois, LLC doing business as Mariano's |
| 1:2021cv05368 |
| October 8, 2021 |
| US District Court for the Northern District of Illinois |
| Marvin E Aspen |
| 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 December 16, 2022. A more recent docket listing may be available from PACER.
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Filing 39
MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Defendant's Motion to Dismiss #38 . Responses due by 10/6/2022; Replies due by 10/13/2022. Mailed notice (lk, )
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Filing 38
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Roundy's Illinois, LLC (Griesmeyer, Christopher)
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Filing 37
MINUTE entry before the Honorable Virginia M. Kendall. The Court further clarifies Opinion #29 . The Clerks' Office is directed to randomly assign each severed case by lot to an active Judge. Mailed notice (lk, )
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Filing 36
FIRST AMENDED complaint by Kevin Cunningham against Roundy's Illinois, LLC d/b/a Mariano's (Attachments: #1 Exhibit A, #2 Notice Of Filing and Certificate Of Service)(Billhorn, John)
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Filing 35
MINUTE entry before the Honorable Virginia M. Kendall. Webex Motion hearing held on 8/1/2022. Oral argument heard regarding Plaintiffs' Motion to Clarify issue regarding tolling of severed Plaintiffs' statues of limitations #31 . The Court takes the Motion #31 and Response #34 under advisement. Mailed notice (lk, )
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Filing 34
RESPONSE by Roundy's Illinois, LLCin Opposition to MOTION by Plaintiffs Ruba Al Ayed, Jonathan Battistelli, Eddie Chaparro, Sevcan Costner, Kevin Cunningham, Mary DiCicco, Alejandro Diaz, Patrick James Ellis, Jr, Hope R. Fry, Juliana Fuhrmann, Dolores Garcia, Thomas Ignoffo, Sharita Jackson, Melinda K #31 (Griesmeyer, Christopher)
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Filing 33
MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 8/1/2022 at 9:00 AM stands and will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, )
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Filing 32
NOTICE of Motion by John William Billhorn for presentment of motion to clarify,, #31 before Honorable Virginia M. Kendall on 8/1/2022 at 09:00 AM. (Billhorn, John)
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Filing 31
MOTION by Plaintiffs Ruba Al Ayed, Jonathan Battistelli, Eddie Chaparro, Sevcan Costner, Kevin Cunningham, Mary DiCicco, Alejandro Diaz, Patrick James Ellis, Jr, Hope R. Fry, Juliana Fuhrmann, Dolores Garcia, Thomas Ignoffo, Sharita Jackson, Melinda Kearney, Janel Larson, Sergio Medina, Zachary Milbourn, Nihrien Prgam, Maria Qazi, Uruja Razzak, Arica Rosa, Joseph Sobaczak, Carrie R. Weaver to clarify PLAINTIFFS' MOTION TO CLARIFY ISSUE REGARDING TOLLING OF SEVERED PLAINTIFFS' STATUTES OF LIMITATIONS (Billhorn, John)
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Filing 30
MINUTE entry before the Honorable Virginia M. Kendall. Minute Entry #28 is amended as follows: Separate claims shall be filed by 8/5/2022. Mailed notice (lk, )
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Filing 29
MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 7/6/2022. Defendant's Motion to Sever #11 is granted. The Clerk of Court is directed to sever the claims of all Plaintiffs aside from Kevin Cunningham and to assign separate docket numbers to each of those actions. Plaintiffs must individually file amended complaints and pay the applicable filing fee within thirty days. See Opinion for further details. Mailed notice(lk, )
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Filing 28
MINUTE entry before the Honorable Virginia M. Kendall. Webex Status hearing held on 6/23/2022. The Court orally addressed the Motion to Sever #11 on the record in open Court indicating a written Opinion is forthcoming. Separate claims shall be filed by 7/21/2022. End of Fact Discovery ordered closed by 12/30/2022. End of Fact Discovery Status hearing set for 1/11/2023 at 9:00 AM. Mailed notice (lk, )
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Filing 27
MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Status hearing set for 5/12/2022 is reset for 6/23/2022 at 9:00 AM which will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear via video. Given the increased volume of users that is anticipated, you are directed to mute your phone and turn off your video until your case is called. If calling in due to not having access to a computer, please remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function. Mailed notice (lk, )
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Filing 26
REPLY by Defendant Roundy's Illinois, LLC to memorandum in support of motion #12 , motion to sever #11 (Griesmeyer, Christopher)
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Filing 25
MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Unopposed Motion for an extension of time to file Reply and to enlarge page limit #24 regarding Motion to Sever #11 is granted. Reply due by 2/18/2022. Status hearing is reset for 5/12/2022 at 9:00 AM which will now proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov. If you do not have access to a computer Dial: (650)-479-3207, the access code is: 180 698 4009. Given the increased volume of users that is anticipated, you are directed to mute your phone and turn off your video until your case is called. If calling in due to not having access to a computer, please remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function. Please test the sound quality and video functions of your device in advance. Members of the public and media are directed to call in to listen to hearings. 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 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. Participant instructions for Webex are attached. Mailed notice (Attachments: #1 Webex Participant Instructions) (lk, )
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Filing 24
MOTION by Defendant Roundy's Illinois, LLC for extension of time to file response/reply as to motion to sever #11 Unopposed, MOTION by Defendant Roundy's Illinois, LLC for leave to file excess pages Unopposed (Griesmeyer, Christopher)
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Filing 23
MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Initial Status hearing held on 1/20/2022. Discovery is stayed pending ruling on Motion to Sever #11 . Plaintiff's oral motion for extension of time to Reply to Motion to Sever #11 is granted. Reply shall be filed by 2/10/2022. Plaintiffs' oral motion for leave to file excess pages is granted. Teleconference Status hearing set for 3/31/2022 at 9:00 AM. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, )
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Filing 22
MEMORANDUM by Ruba Al Ayed, Jonathan Battistelli, Eddie Chaparro, Sevcan Costner, Kevin Cunningham, Mary DiCicco, Alejandro Diaz, Patrick James Ellis, Jr, Hope R. Fry, Juliana Fuhrmann, Dolores Garcia, Thomas Ignoffo, Sharita Jackson, Melinda Kearney, Janel Larson, Sergio Medina, Zachary Milbourn, Nihrien Prgam, Maria Qazi, Uruja Razzak, Arica Rosa, Joseph Sobaczak, Carrie R. Weaver in Opposition to motion to sever #11 PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO SEVER (Attachments: #1 Exhibit A, #2 Exhibit B)(Billhorn, John)
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Filing 21
STATUS Report Joint Initial by Roundy's Illinois, LLC (Griesmeyer, Christopher)
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Filing 20
MINUTE entry (Corrected) before the Honorable Virginia M. Kendall. Plaintiff's Unopposed Motion for extension of time to file response/reply #18 to Motion to Sever #11 is granted. Response due by 1/20/2022; Reply due by 2/3/2022. Status hearing set for 3/9/2022 is reset for 3/31/2022 at 9:00 AM. Teleconference Initial Status hearing set for 1/20/2022 at 9:00 AM stands. Mailed notice (lk, )
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Filing 19
MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Unopposed Motion for extension of time to file response/reply #18 to Motion to Sever #11 is granted. Response due by 1/20/2022; Reply due by 1/27/2022. Status hearing set for 3/9/2022 is reset for 3/24/2022 at 9:15 AM. Teleconference Initial Status hearing set for 1/20/2022 at 9:00 AM stands. Mailed notice (lk, )
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Filing 18
MOTION by Plaintiffs Ruba Al Ayed, Jonathan Battistelli, Eddie Chaparro, Sevcan Costner, Kevin Cunningham, Mary DiCicco, Alejandro Diaz, Patrick James Ellis, Jr, Hope R. Fry, Juliana Fuhrmann, Dolores Garcia, Thomas Ignoffo, Sharita Jackson, Melinda Kearney, Janel Larson, Sergio Medina, Zachary Milbourn, Nihrien Prgam, Maria Qazi, Uruja Razzak, Arica Rosa, Joseph Sobaczak, Carrie R. Weaver for extension of time to file response/reply as to motion to sever #11 Plaintiffs' UNOPPOSED Motion for Extension of Time to File Response in Opposition to Defendant's Motion to Sever (Billhorn, John)
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Filing 17
MINUTE entry before the Honorable Virginia M. Kendall. Minute Entry #16 incorrectly notes that there is a Status hearing set for 1/19/2022. Teleconference is set for 1/20/2022 at 9:00 AM. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, )
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Filing 16
MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Defendant's Motion to Sever #11 . Response due by 1/5/2022; Reply due by 1/19/2022. Teleconference Status hearing set for 3/9/2022 at 9:15 AM. Teleconference Initial Status hearing set for 1/19/2022 stands. Mailed notice (lk, )
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Filing 15
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Roundy's Illinois, LLC (Griesmeyer, Christopher)
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Filing 14
MOTION by Defendant Roundy's Illinois, LLC for extension of time to file answer regarding complaint,, #1 or otherwise plead (Griesmeyer, Christopher)
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Filing 13
ATTORNEY Appearance for Defendant Roundy's Illinois, LLC by Zachary Mulcrone (Mulcrone, Zachary)
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Filing 12
MEMORANDUM by Roundy's Illinois, LLC in support of motion to sever #11 (Griesmeyer, Christopher)
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Filing 11
MOTION by Defendant Roundy's Illinois, LLC to sever (Griesmeyer, Christopher)
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Filing 10
ATTORNEY Appearance for Defendant Roundy's Illinois, LLC by Christopher Scott Griesmeyer (Griesmeyer, Christopher)
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Filing 9
WAIVER OF SERVICE returned executed by Ruba Al Ayed, Eddie Chaparro, Arica Rosa, Joseph Sobaczak, Hope R. Fry, Jonathan Battistelli, Kevin Cunningham, Uruja Razzak, Sharita Jackson, Dolores Garcia, Patrick James Ellis, Jr, Mary DiCicco, Zachary Milbourn, Thomas Ignoffo, Sevcan Costner, Nihrien Prgam, Alejandro Diaz, Melinda Kearney, Carrie R. Weaver, Janel Larson, Juliana Fuhrmann, Sergio Medina, Maria Qazi. Roundy's Illinois, LLC waiver sent on 10/8/2021, answer due 12/7/2021. (Attachments: #1 Notice of Filing)(Billhorn, John)
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Filing 8
MINUTE entry before the Honorable Virginia M. Kendall. Minute Entry #7 is corrected as follows: Initial status hearing set for 1/20/2022 at 9:00 a.m. which will proceed via Teleconference. Joint Status Report due by 1/14/2022. Mailed notice (lk, )
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Filing 7
MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 1/22/2022 at 9:00 a.m. which will proceed via Teleconference. Joint Status Report due by 1/14/2022. 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. Teleconference instructions are as follows: Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, )
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Filing 6
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Virginia M. Kendall for all further proceedings. Honorable Marvin E. Aspen no longer assigned to the case. Signed by Executive Committee on 10/12/2021. (gw, )
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Filing 5
NOTICE of filing by All Plaintiffs #1 EXHIBIT A (to Complaint) (Attachments: #1 Exhibit - A)(Billhorn, John) (Docket Text Modified by Clerk's Office on 10/12/2021) (jg, ).
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Filing 4
ATTORNEY Appearance for Plaintiffs Ruba Al Ayed, Jonathan Battistelli, Eddie Chaparro, Sevcan Costner, Kevin Cunningham, Mary DiCicco (Gehrig), Alejandro Diaz, Patrick James Ellis, Jr, Hope R. Fry, Juliana Fuhrmann, Dolores Garcia, Thomas Ignoffo, Sharita Jackson (Powers), Melinda Kearney, Janel Larson, Sergio Medina, Zachary Milbourn, Nihrien Prgam, Maria Qazi, Uruja Razzak, Arica Rosa, Joseph Sobaczak, Carrie R. Weaver by Samuel David Engelson (Engelson, Samuel)
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Filing 3
ATTORNEY Appearance for Plaintiffs Ruba Al Ayed, Jonathan Battistelli, Eddie Chaparro, Sevcan Costner, Kevin Cunningham, Mary DiCicco (Gehrig), Alejandro Diaz, Patrick James Ellis, Jr, Hope R. Fry, Juliana Fuhrmann, Dolores Garcia, Thomas Ignoffo, Sharita Jackson (Powers), Melinda Kearney, Janel Larson, Sergio Medina, Zachary Milbourn, Nihrien Prgam, Maria Qazi, Uruja Razzak, Arica Rosa, Joseph Sobaczak, Carrie R. Weaver by John William Billhorn (Billhorn, John)
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Filing 2
CIVIL Cover Sheet (Billhorn, John)
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Filing 1
COMPLAINT filed by Ruba Al Ayed, Eddie Chaparro, Arica Rosa, Joseph Sobaczak, Hope R. Fry, Jonathan Battistelli, Kevin Cunningham, Uruja Razzak, Sharita Jackson (Powers), Dolores Garcia, Patrick James Ellis, Jr, Mary DiCicco (Gehrig), Zachary Milbourn, Thomas Ignoffo, Sevcan Costner, Nihrien Prgam, Alejandro Diaz, Melinda Kearney, Carrie R. Weaver, Janel Larson, Juliana Fuhrmann, Sergio Medina, Maria Qazi; Jury Demand. Filing fee $ 402, receipt number 0752-18753674.(Billhorn, John)
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CASE ASSIGNED to the Honorable Marvin E. Aspen. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (mxo, )
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