Winking et al v. Smithfield Fresh Meats Corp. et al
| Kevin Winking, Summer Hollis and James Kilbane |
| Smithfield Fresh Meats Corp. and Smithfield Distribution LLC |
| 1:2022cv01937 |
| April 14, 2022 |
| US District Court for the Northern District of Illinois |
| Robert M Dow |
| Charles P Kocoras |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 50 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held on 09/26/23. Counsel informed the Court that they are attempting to resolve this case. Telephonic status hearing set for 10/31/23 at 10:10 a.m. for an update on settlement. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel must type in their name when joining the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. (rbf, ) |
| Filing 49 MEMORANDUM Opinion Signed by the Honorable Charles P. Kocoras on 8/22/2023.(rbf, ) |
| Filing 48 MINUTE entry before the Honorable Charles P. Kocoras:For the reasons set forth in the accompanying Memorandum Opinion, Smithfield's Motion to Dismiss #11 is denied as moot and Named Plaintiff's Motion for Conditional Certification #22 is denied. Telephonic status hearing is set for 9/26/2023 at 10:30 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Enter Memorandum Opinion. (rbf, ) |
| Filing 47 NOTICE by Smithfield Fresh Meats Corp. OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit A)(Rudd, Jeffrey) |
| Filing 46 MINUTE entry before the Honorable Charles P. Kocoras: Defendants' motion for leave to file a sur-reply opposing Plaintiffs' motion for conditional certification #44 is granted. Mailed notice (vcf, ) |
| Filing 45 SUR-REPLY by Defendants Smithfield Distribution LLC, Smithfield Fresh Meats Corp. DEFENDANTS' SUR-REPLY IN OPPOSITION TO PLAINTIFFS' MOTION FOR CONDITIONAL CERTIFICATION (Rudd, Jeffrey) |
| Filing 44 MOTION by Defendants Smithfield Distribution LLC, Smithfield Fresh Meats Corp. for leave to file DEFENDANTS' MOTION FOR LEAVE TO FILE A SUR-REPLY OPPOSING PLAINTIFFS' MOTION FOR CONDITIONAL CERTIFICATION (Rudd, Jeffrey) |
| Filing 43 REPLY by Plaintiffs Summer Hollis, James Kilbane, Kevin Winking to motion to certify class,,,,, #22 Plaintiffs' Reply in Support of Motion for Conditional Certification (Attachments: #1 Exhibit Ex. 1 - Prelim Approval Order, #2 Exhibit Ex. 2 - Docket Order enterered 2-1-2023 Judge Blakey, #3 Exhibit Ex. 3 - Docket Order entered 9-8-2021 Judge Blakey, #4 Exhibit Ex. 4 - smithfield_recs, #5 Exhibit Ex.5 - FLSA-IMWL Ntc, #6 Exhibit Ex. 6 - P's MTN for FNL Approval of Settlement)(Kunze, John) |
| Filing 42 REPLY by Defendants Smithfield Distribution LLC, Smithfield Fresh Meats Corp. IN SUPPORT OF THEIR MOTION TO DISMISS AND STAY PROCEEDINGS (Rudd, Jeffrey) |
| Filing 41 RESPONSE by Summer Hollis, James Kilbane, Kevin Winkingin Opposition to MOTION by Defendants Smithfield Fresh Meats Corp., Smithfield Distribution LLC to dismiss or stay proceedings #11 Plaintiffs' Opposition to Defendants' Motion to Modify This Court's Final Approval and Dismissal Order (Attachments: #1 Exhibit Ex 1 - Docket Entry No. 89, #2 Exhibit Ex 2 - Docket Entry No. 91)(Kunze, John) |
| Filing 40 RESPONSE by Smithfield Distribution LLC, Smithfield Fresh Meats Corp.in Opposition to MOTION by Plaintiffs Summer Hollis, James Kilbane, Kevin Winking to certify class Plaintiffs' Memorandum of Law in support of their Motion for Conditional Certification of a Collective Action #22 (Attachments: #1 Exhibit A - Winking Notice & Consent, #2 Exhibit B - Hollis Notice & Consent, #3 Exhibit C - Butler Dec, #4 Exhibit D - Barazesh Dec)(Rudd, Jeffrey) |
| Filing 39 MINUTE entry before the Honorable Charles P. Kocoras: Defendants' unopposed motion for leave to file excess pages #38 is granted. Defendants may file a response to Plaintiffs' motion for conditional certification #22 of no more than 20 pages. Mailed notice (vcf, ) |
| Filing 38 MOTION by Defendants Smithfield Distribution LLC, Smithfield Fresh Meats Corp. for leave to file DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE LEGAL MEMORANDUM IN EXCESS OF 15 PAGES (Rudd, Jeffrey) |
| Filing 37 MINUTE entry before the Honorable Charles P. Kocoras: The Court is in receipt of the Joint Status Report #36 and hereby enters the requested briefing schedule: Responses to both the Motion to Dismiss #11 and the Motion for Conditional Certification #22 are due by 4/14/23. Replies are due by 4/28/23. Court will rule by mail. Mailed notice (vcf, ) |
| Filing 36 STATUS Report (JOINT) by Smithfield Distribution LLC, Smithfield Fresh Meats Corp. (Rudd, Jeffrey) |
| Filing 35 MINUTE entry before the Honorable Charles P. Kocoras: The parties are directed to file a joint status report by 3/9/23 in light of Judge Blakey's ruling on the motion to reassign in 1:20-cv-4937. Mailed notice (vcf, ) |
| Filing 34 Approved Payment Claims by Summer Hollis, James Kilbane, Kevin Winking (Attachments: #1 Notice of Filing Notice of Filing)(Kunze, John) |
| Filing 33 Approved Payment Claims by Summer Hollis, James Kilbane, Kevin Winking (Attachments: #1 Claim Payment form(2), #2 Claim Payment form(3), #3 Claim Payment form(4), #4 Claim Payment form(5), #5 Notice of Filing Notice of Filing)(Kunze, John) |
| Filing 32 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, ) |
Filing 31
ORDER APPROVING SETTLEMENT, SERVICE AWARD, AND ATTORNEYS' FEES AND COSTS. Signed by the Honorable Charles P. Kocoras on 11/4/2022. Mailed notice(vcf, )
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| Filing 30 MINUTE entry before the Honorable Charles P. Kocoras: The Court finds that the settlement is fair reasonable, and adequate in all respects. Motion for approval of collective action settlement with Smithfield Distribution, LLC #29 is granted. Mailed notice (vcf, ) |
| Filing 29 MOTION by Plaintiffs Summer Hollis, James Kilbane, Kevin WinkingPlaintiff James Kilbane's Motion for Approval of Collective Action Settlement with Smithfield Distribution, LLC (Attachments: #1 Exhibit Ex. 1 Proposed Approval Order final, #2 Exhibit Ex 2 Distribution Agreement final, #3 Exhibit Ex. 2.1 Distribution Agreement Ex.1, #4 Exhibit Ex. 2.2 Distribution Agreement Ex. 2, #5 Exhibit Ex 2.3 Placeholder, #6 Exhibit Ex. 3 Settlement Notice final, #7 Exhibit Ex. 4 Claim Form(FNL), #8 Exhibit Ex 5. Firm Resume, #9 Exhibit Ex. 6 Fish Declaration)(Kunze, John) |
| Filing 28 STATUS Report (JOINT) by Smithfield Distribution LLC, Smithfield Fresh Meats Corp. (Rudd, Jeffrey) |
| Filing 27 EXECUTIVE COMMITTEE ORDER: The Honorable Robert M. Dow Jr. has been appointed Counselor to the Chief Justice of the United States. As he takes on these responsibilities, the court will at this time reassign a portion of his civil and criminal cases. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). Case reassigned to the Honorable Charles P. Kocoras for all further proceedings. Honorable Robert M. Dow, Jr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/11/2022. (cxr, ) |
| Filing 26 MINUTE entry before the Honorable Robert M. Dow, Jr:Motion hearing held telephonically. Motion to dismiss #11 and motion to certify class #22 are entered and continued. Motion to stay #23 is granted. Telephone conference set for 7/12/2022 is stricken. Deadline for responsive briefs are stayed. The Clerk's Office is directed to add the gavel to the pending motion #22 . Emailed notice (cdh, ) |
| Filing 25 NOTICE of Correction regarding MOTION by Plaintiffs Summer Hollis, James Kilbane, Kevin Winking to certify class Plaintiffs' Memorandum of Law in support of their Motion for Conditional Certification of a Collective Action #22 (td, ) |
| Filing 24 NOTICE of Motion by Jeffrey L Rudd for presentment of motion to stay #23 before Honorable Robert M. Dow Jr. on 7/12/2022 at 09:00 AM. (Rudd, Jeffrey) |
| Filing 23 MOTION by Defendants Smithfield Distribution LLC, Smithfield Fresh Meats Corp. to stay PROCEEDINGS PENDING A SETTLEMENT CONFERENCE OR A RULING ON THE PENDING MOTION TO REASSIGN AND CONSOLIDATE THIS ACTION (JOINT) (Rudd, Jeffrey) |
| Filing 22 MOTION by Plaintiffs Summer Hollis, James Kilbane, Kevin Winking to certify class Plaintiffs' Memorandum of Law in support of their Motion for Conditional Certification of a Collective Action (Attachments: #1 Exhibit Ex. 1 Proposed Notice and Consent Forms, #2 Exhibit Ex. 2.1 Email Notice, #3 Exhibit Ex. 2.2 Text notice, #4 Exhibit Ex. 3 smithfield statement, #5 Exhibit Ex. 4 Smithfield ltr, #6 Exhibit Ex. 5 (Kansas) Facebook, #7 Exhibit Ex. 6 (KY) Facebook, #8 Exhibit Ex. 7 (Missouri) Facebook, #9 Exhibit Ex. 8 (Massachusetts) Facebook, #10 Exhibit Ex. 9 (Penn) Facebook, #11 Exhibit Ex. 10 (South Carolina) Facebook, #12 Exhibit Ex. 11 (Tennessee) Facebook, #13 Exhibit Ex. 12 (Virginia) Facebook, #14 Exhibit Ex. 13 PA, #15 Exhibit Ex. 14 KY, #16 Exhibit Ex. 15 CA, #17 Exhibit Ex. 16 MO, #18 Exhibit Ex. 17 IN, #19 Exhibit Ex. 18 OH, #20 Exhibit Ex. 19 SD, #21 Exhibit Ex. 20 NE, #22 Exhibit Ex. 21 Joe Murphy - IN, #23 Exhibit Ex. 22, #24 Exhibit Ex. 23, #25 Exhibit Ex. 24, #26 Exhibit Ex. 25, #27 Exhibit Ex. 26, #28 Exhibit Ex. 27, #29 Exhibit Ex. 28, #30 Exhibit Ex. 29 Canas Doc. 55 - Final Approval Order and Dismissal, #31 Exhibit Ex. 30 Doc. 1 - Filed Complaint)(Kunze, John) Modified on 7/11/2022 (td, ). |
| Filing 21 MINUTE entry before the Honorable Robert M. Dow, Jr: In view of Judge Harjani's Minute Order #20 , a telephone conference is set for 7/8/2022 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. When you are connected to the conference system, please keep your phone on MUTE until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. This is a Court proceeding. Members of the public and media will be able to call in to listen to this hearing by using the same call-in information listed above. Please NOTE: the general prohibition against recording and rebroadcasting of Court proceedings. Your telephone should be on MUTE. 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.Emailed notice (cdh, ) |
| Filing 20 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held. The Court had a productive call with counsel, but the parties are on very different pages as to the structure of a resolution, which would make a settlement conference very unproductive. The Court urged the parties to achieve in litigation whatever it is they want in the short term, so as to put this case in a better settlement position for a later conference. At this time, all matters related to the referral are concluded and the referral is closed. The parties are also urged to keep settlement on the radar, and to request a referral back to this Court from the district judge at the appropriate time. Mailed notice (lxs, ) |
| Filing 19 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion with lead counsel only is set for 6/28/2022 at 10:30 a.m. by telephone. Lead counsel are instructed to promptly call into the Court's conference call-in number at (888) 684-8852, and use Access Code 7354516. Mailed notice (lxs, ) |
| Filing 18 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to settlement conference. (cdh, )Emailed notice. |
| Filing 17 ANSWER to Complaint and Affirmative and Other Defenses by Smithfield Distribution LLC, Smithfield Fresh Meats Corp.(Rudd, Jeffrey) |
| Filing 16 ATTORNEY Appearance for Plaintiffs Summer Hollis, James Kilbane, Kevin Winking by Patrick James Cowlin (Cowlin, Patrick) |
| Filing 15 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' motion to reassign and consolidate cases #12 is denied without prejudice. Local Rule 40.4 requires a motion to reassign on the basis of relatedness to be filed before the assigned judge with the lowest-numbered case. In this instance, that case is Case No. 20-cv-4937, assigned to Judge Blakey. Defendants should refile their motion before Judge Blakey. Defendants' motion to dismiss or stay proceedings #11 is entered and continued until Judge Blakey rules on the aforementioned motion to reassign. Counsel are directed to advise Judge Dow's Courtroom Deputy promptly in the event that Judge Blakey denies the motion to reassign. In addition, the existing scheduling order [see 7] remains in place at this time. Emailed notice (cdh, ) |
| Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Smithfield Fresh Meats Corp. (Rudd, Jeffrey) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Smithfield Distribution LLC (Rudd, Jeffrey) |
| Filing 12 MOTION by Defendants Smithfield Distribution LLC, Smithfield Fresh Meats Corp. to reassign case or consolidate (Rudd, Jeffrey) |
| Filing 11 MOTION by Defendants Smithfield Fresh Meats Corp., Smithfield Distribution LLC to dismiss or stay proceedings (Rudd, Jeffrey) |
| Filing 10 ATTORNEY Appearance for Defendants Smithfield Distribution LLC, Smithfield Fresh Meats Corp. by Jeffrey L Rudd (Rudd, Jeffrey) |
| Filing 9 ATTORNEY Appearance for Defendants Smithfield Distribution LLC, Smithfield Fresh Meats Corp. by Donald Christopher Lauderdale (Lauderdale, Donald) |
| Filing 8 ATTORNEY Appearance for Defendants Smithfield Distribution LLC, Smithfield Fresh Meats Corp. by Thomas Chase Samples (Samples, Thomas) |
| Filing 7 MINUTE entry before the Honorable Robert M. Dow, Jr: Joint status report due by 7/7/2022. Initial telephone conference is set for 7/12/2022 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial; (3) The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Plaintiff is to advise all other parties of the Courts action herein. The parties are requested to file a joint status report at least three business days prior to the initial status and all further status hearings. For further details see the Court's website available at www.ilnd.uscourts.gov. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Emailed notice (cdh, ) |
| Filing 6 WAIVER OF SERVICE returned executed by Kevin Winking, James Kilbane, Summer Hollis. Smithfield Fresh Meats Corp. waiver sent on 4/18/2022, answer due 6/17/2022. (Kunze, John) |
| Filing 5 WAIVER OF SERVICE returned executed by Kevin Winking, James Kilbane, Summer Hollis. Smithfield Distribution LLC waiver sent on 4/18/2022, answer due 6/17/2022. (Kunze, John) |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (lxk, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lxk, ) |
| SUMMONS Issued as to Defendant Smithfield Fresh Meats Corp. (cxr, ) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Summer Hollis, James Kilbane, Kevin Winking by David J. Fish (Fish, David) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Summer Hollis, James Kilbane, Kevin Winking by John C Kunze (Kunze, John) |
| Filing 2 CIVIL Cover Sheet (Kunze, John) |
| Filing 1 COMPLAINT filed by Kevin Winking, James Kilbane, Summer Hollis; Jury Demand. Filing fee $ 402, receipt number 0752-19345374. (Attachments: #1 Exhibit Kevin Winking Party Plaintiff Consent, #2 Exhibit Summer Hollis Party Plaintiff Consent, #3 Exhibit James Kilbane Party Plaintiff Consent)(Kunze, John) |
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