Carter et al v. PCG International, Inc. et al
| David Carter, Kimberly Butler and Sakina Cheeks |
| PCG International, Inc., PCG International, Inc. an Illinois Corporation doing business as PCG Consulting Group and Tom Numbere, Jr. |
| 1:2022cv04504 |
| August 24, 2022 |
| US District Court for the Northern District of Illinois |
| Jeffrey T Gilbert |
| Ronald A Guzman |
| Martha M Pacold |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Both |
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| Filing 64 Consents to Join by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit A - Consents to Join)(Rodriguez, Oscar) |
Filing 63
ORDER REGARDING DISCOVERY. Signed by the Honorable Jeffrey T. Gilbert on 8/22/2023. Mailed notice (ber, )
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| Filing 62 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 8/16/23 regarding the parties' Joint Report on Discovery Plan #56 . The Court addressed the parties' respective proposals concerning discovery of opt-in plaintiffs and other discovery parameters. By 8/21/23, the parties shall submit a proposed order to the Court at Proposed_Order_Gilbert@ilnd.uscourts.gov that memorializes the Court's rulings today concerning discovery of opt-ins, Plaintiffs' discovery of Defendant, etc. The parties shall serve their initial wave of written discovery by 8/30/23. Plaintiffs previously served written interrogatories, requests for production of documents, and requests for admission. The parties agree that Defendants will have up to 8/30/23 to respond to that discovery previously-served. Fact discovery shall be completed by 3/18/24. Plaintiffs shall serve their Rule 26(a)(2) reports for expert witnesses by 4/18/24. Plaintiffs' experts shall be deposed by 5/20/24. Defendants shall serve their Rule 26(a)(2) reports for expert witnesses by 6/18/24. Defendant's experts shall be deposed by 7/18/24. The parties shall file a joint updated status report by 10/18/23. The status report should include the parties' progress on written discovery, the identity the fact witnesses either side then intends depose, and confirmed or proposed dates for depositions that either side plans to take within 60 days from the filing of the report. Plaintiffs' motion for class certification shall be filed by 4/1/24. Defendants' response and any motion to certify the collective action shall be filed by 4/22/24. Plaintiffs' reply in support of their class certification and opposition to any motion to certify by Defendants shall be filed by 5/13/24. Defendants' reply in support of their motion for class certification shall be filed by 5/27/24. Mailed notice (ber, ) |
| Filing 61 REPLY by Defendant PCG International, Inc. to motion to dismiss #54 DEFENDANT'S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION TO PARTIALLY DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (Rudd, Jeffrey) |
| Filing 60 MEMORANDUM by Kimberly Butler, David Carter, Sakina Cheeks in Opposition to motion to dismiss #54 (Frisch, Andrew) |
| Filing 59 MINUTE entry before the Honorable Jeffrey T. Gilbert: A hearing on the parties' respective discovery proposals #56 is set for 8/16/23 at 9:45 a.m. in-person in Courtroom 1386. Mailed notice (ber, ) |
| Filing 58 MINUTE entry before the Honorable Martha M. Pacold: The court adopts the briefing schedule submitted to the court's Proposed Order box. Plaintiffs' response to the motion to dismiss #54 is due by 8/7/2023. Defendant's reply, if any, is due by 8/14/2023. (rao, ) |
| Filing 57 MINUTE entry before the Honorable Martha M. Pacold: The court's standing order requires all opposed motions to be accompanied by an agreed briefing schedule, either filed on the docket or submitted to the court's proposed order box. The parties have not made such a filing or submission as to the recently filed motion to dismiss #54 . Thus, the parties are directed to meet and confer and propose an agreed briefing schedule on the motion by 7/25/2023 either by filing a status report on the docket or by emailing Proposed_Order_Pacold@ilnd.uscourts.gov. (rao, ) |
| Filing 56 STATUS Report Regarding Discovery Plan by Kimberly Butler, David Carter, Sakina Cheeks Presented before Magistrate Judge (Ash, Charles) |
| Filing 55 MEMORANDUM by PCG International, Inc. in support of motion to dismiss #54 DEFENDANT'S MEMORANDUM IN SUPPORT OF ITS MOTION TO PARTIALLY DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (Rudd, Jeffrey) |
| Filing 54 MOTION by Defendant PCG International, Inc. to dismiss DEFENDANT'S MOTION TO PARTIALLY DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT Presented before Presiding Judge (Rudd, Jeffrey) |
| Filing 53 MINUTE entry before the Honorable Martha M. Pacold: In light of the parties' stipulation #52 , the court's previous order #51 is vacated. The operative complaint is #49 and the deadline for defendant to answer or otherwise plead is 7/20/2023. (rao, ) |
| Filing 52 STIPULATION regarding consent to filing First Amended Complaint [D.E. 49] and Defendant's Responsive Pleading Deadline (Ash, Charles) |
| Filing 51 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' first amended complaint #49 is stricken for failure to comply with Rule 15(a). As the court has already explained, plaintiffs are not free to amend their complaint whenever they so choose. #43 . Rule 15(a) allows one amendment as of right, but only within 21 days after serving it or 21 days after the opposing party serves its responsive pleading or certain types of Rule 12 motions. Fed. R. Civ. P. 15(a)(1)(A)-(B). Otherwise, the plaintiff must seek leave to amend from the court or must obtain the opposing party's consent. Fed. R. Civ. P. 15(a)(2). Plaintiff has not made such a motion, and has not, to the court's knowledge, obtained consent from the defendants. Thus, the first amended complaint #49 is stricken and the operative complaint remains #1 . If the plaintiffs wish to amend, they must comply with Rule 15(a). (rao, ) |
| Filing 50 MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 6/29/23. By 7/20/23, the parties shall file a joint submission with the parties' proposed discovery schedule taking into account the Court's comments during today's status hearing and with further explanation and, if possible, case authority for extensive discovery of absent class members and collective action opt-ins if that remains Defendant's proposal. If the parties disagree about a proposed discovery schedule and/or the parameters for same, then the parties' filing should so indicate. The parties may serve written discovery after initial Rule 26(a) disclosures are made on 7/1/23. The Court will set a deadline for issuance of written discovery after it reviews the parties' joint submission of 7/20/23. Mailed notice (ber, ) |
| Filing 49 First AMENDED complaint by David Carter, Sakina Cheeks, Kimberly Butler against PCG International, Inc. and terminating Tom Numbere, Jr (an Individual) (Attachments: #1 Exhibit 1 - Offer Letters, #2 Exhibit 2 - Exemplary Paystubs)(Rodriguez, Oscar) |
| Filing 48 MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purposes of discovery supervision, and to hold proceedings related to discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. Per the parties' Proposed Schedule #46 , the parties shall submit their respective Rule 26(a)(1) initial disclosures by 7/1/23 (this is the date the parties propose but it is a Saturday; the Court sets this date based on the parties' proposal; if they want to alter that date they should file a joint stipulation to that effect) and complete the production of documents called for by Rule 26(a)(1)(A)(ii) by 7/15/23. A telephone status conference with the Court is set for 6/29/23 at 10:45 a.m. The call-in number is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. 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. Mailed notice (ber, ) |
| Filing 47 EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Jeffrey T. Gilbert for Discovery Supervision, Settlement Conference, and to hold proceedings related to discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. Signed by Executive Committee on 6/14/2023.(jh, ) |
| Filing 46 STATUS Report (JOINT) by PCG International, Inc. (Rudd, Jeffrey) |
| Filing 45 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' reassignment joint status report, #44 . It reflects that the parties intend to meet and confer and file a further status report on 6/13/2023 with a proposed discovery schedule and their positions on the necessity of a reassignment status hearing. Once the parties make the 6/13/2023 filing, the court will refer the case to the assigned magistrate judge to handle all matters related to discovery and settlement, and the magistrate judge will have the authority to set a deadline for amended pleadings and a dispositive motions schedule. (rao, ) |
| Filing 44 STATUS Report Pursuant to Reassignment Order by Kimberly Butler, David Carter, Sakina Cheeks (Ash, Charles) |
| Filing 43 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the defendants' motion to strike and dismiss the amended complaint, #42 . The motion #42 is granted. On the court's review of the docket, it concurs with the defendants that the plaintiffs were not granted leave to amend and thus, that filing the amended complaint was improper under Rule 15(a). The amended complaint #39 is stricken. The operative complaint is #1 . The parties remain directed to file the reassignment joint status report ordered in #41 . If the plaintiffs wish to amend the complaint, they must file a motion for leave to do so under Rule 15(a)(2). (rao, ) |
| Filing 42 MOTION by Defendant PCG International, Inc. to strike Defendant's Combined Motion and Memorandum to Strike and Dismiss Plaintiffs' Amended Complaint (Rudd, Jeffrey) |
| SUMMONS Issued as to Defendant Tom Numbere, Jr (emc, ) |
| Filing 41 MINUTE entry before the Honorable Martha M. Pacold: The Executive Committee has reassigned this civil case to Judge Pacold. #40 . In light of the reassignment, the status hearing scheduled for 6/8/2023 is stricken. The parties are directed to file a reassignment joint status report by 5/30/2023. (Attachments: #1 Outline for the Reassignment Status Report) (rao, ) |
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Filing 40
ORDER OF THE EXECUTIVE COMMITTEE : It appearing that the following cases are currently assigned to the Hon. Ronald A. Guzman. Judge Guzman has requested that these cases be reassigned to another judge of this Court pursuant to 28 USC 294(b); therefore IT IS HEREBY ORDERED THAT the Clerk of Court shall reassign the cases listed below to the district judges of this Court. Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Ronald A. Guzman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 5/12/23.(gcy, )
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| Filing 39 First AMENDED complaint by David Carter, Sakina Cheeks, Kimberly Butler against All Defendants (Attachments: #1 Exhibit Exemplary Agreement, #2 Exhibit Exemplary Paystubs)(Ash, Charles) |
| Filing 38 MINUTE entry before the Honorable Ronald A. Guzman: The parties' joint request to continue the 5/11/2023 status hearing #37 is granted. The in-person status hearing set for 5/11/2023 is stricken and reset to 6/8/2023 at 10:30 a.m. Mailed notice. (kp, ) |
| Filing 37 STATUS Report and Joint Request to Adjourn Status Conference by Kimberly Butler, David Carter, Sakina Cheeks (Ash, Charles) |
| Filing 36 Consents to Join by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit A - Signed Consent Forms (2023.02.03-2023.02.09))(Rodriguez, Oscar) |
| Filing 35 MINUTE entry before the Honorable Ronald A. Guzman: In-person status hearing set for February 14, 2023 is stricken. Mailed notice. (kp, ) |
| Filing 34 MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' joint status report regarding the conclusion of the opt-in period #33 and grants the parties' request for a temporary stay of the case through their scheduled mediation on 5/1/2023. An in-person status hearing is set for 5/11/2023 at 10:30 a.m. Mailed notice. (kp, ) |
| Filing 33 STATUS Report REGARDING CONCLUSION OF OPT-IN PERIOD AND REQUEST FOR A TEMPORARY STAY TO ATTEND MEDIATION (JOINT) by PCG International, Inc. (Rudd, Jeffrey) |
| Filing 32 Consents to Join by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit 2023.01.27-2023.02.01 Consent to Join Forms)(Rodriguez, Oscar) |
| Filing 31 Consents to Join by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit A - Signed Consent Forms (2023.01.16-2023.01.24))(Rodriguez, Oscar) |
| Filing 30 Consents to Join by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit 2022.12.23-2023.01.11 Consent to Join Forms_Redacted)(Rodriguez, Oscar) |
| Filing 29 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 28 Consents to Join by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit A - Signed Consent Forms (2022.12.12-2022.12.21))(Rodriguez, Oscar) |
| Filing 27 Consent to Join by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit A - Signed Consent Forms (2022.12.06-2022.12.09))(Rodriguez, Oscar) |
| Filing 26 Consent to Join by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit A - Signed Consent Forms (2022.12.01-2022.12.05)))(Rodriguez, Oscar) |
| Filing 25 Consent to Join by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit A - Signed Consent Forms (2022.11.30))(Rodriguez, Oscar) |
| Filing 24 ATTORNEY Appearance for Plaintiffs Kimberly Butler, David Carter, Sakina Cheeks by Oscar A. Rodriguez (Rodriguez, Oscar) |
| Filing 23 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PCG International, Inc. Defendant's Corporate Disclosure Statement Pursuant to Local Rule 3.2 and Fed. R. Civ. P. 7.1 (Rudd, Jeffrey) |
| Filing 22 ANSWER to Complaint Defendant's Answer to Plaintiffs' Complaint by PCG International, Inc.(Rudd, Jeffrey) |
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Filing 21
ORDER Approving the Parties' Plan for Distribution of Notice to the Conditionally Certified Collective. Signed by the Honorable Ronald A. Guzman on 10/26/2022. Mailed notice. (kp, )
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| Filing 20 MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' joint status report regarding their stipulation to conditional certification and proposed notice to the collective #19 and approves the parties' plan for distributing notice as well as the proposed notice and reminder notice. Pursuant to the parties' stipulation, the Court conditionally certifies an FLSA collective as set forth in page 1 of the parties' joint status report. Enter Order Approving the Parties' Plan for Distribution of Notice to the Conditionally Certified Collective. Given the parties' stipulation, plaintiff's pre-discovery motion for conditional collective certification #12 is considered withdrawn and terminated. The parties shall file a joint written status report and proposed discovery plan within 14 days after the conclusion of the notice period. An in-person status hearing is set for February 14, 2023 at 10:30 a.m. Mailed notice. (kp, ) |
| Filing 19 STATUS Report (Joint) Regarding Notice to Collective by Kimberly Butler, David Carter, Sakina Cheeks (Attachments: #1 Exhibit Proposed Notice to Collective, #2 Exhibit Proposed Text Notice to Collective)(Ash, Charles) |
| Filing 18 MINUTE entry before the Honorable Ronald A. Guzman: Defendant's joint motion for extension of time to file status report one additional week to October 27, 2022 #17 is granted. Mailed notice. (kp, ) |
| Filing 17 MOTION by Defendant PCG International, Inc. for extension of time to file Status Report (JOINT) (Rudd, Jeffrey) |
| Filing 16 (AMENDED) MINUTE entry before the Honorable Ronald A. Guzman: Telephonic motion hearing held on 10/13/2022 regarding as to Plaintiffs' pre-discovery motion for conditional collective certification and court-authorized notice to potential opt-in plaintiffs #12 . Parties stipulate to the conditional certification of a collective action. The parties are directed to file a status report regarding the proposed initial notice to be sent to prospective collection action members on or before 10/20/2022. Mailed notice. (kp, ) |
| Filing 15 MINUTE entry before the Honorable Ronald A. Guzman: Telephonic motion hearing held on 10/13/2022 regarding as to Plaintiffs' pre-discovery motion for conditional collective certification and court-authorized notice to potential opt-in plaintiffs #12 . As state in open court, the parties shall file a status report by 10/20/2022 as to the initial collective certification notice. Mailed notice. (kp, ) |
| Filing 14 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing set for 10/13/2022 at 9:45 a.m. as to Plaintiffs' pre-discovery motion for conditional collective certification and court-authorized notice to potential opt-in plaintiffs #12 . The hearing will be via telephone conference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 1246152. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. 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. Mailed notice. (kp, ) |
| Filing 13 MEMORANDUM OF LAW by Plaintiffs Kimberly Butler, David Carter, Sakina Cheeks in support of motion to Plaintiffs' pre-discovery motion for conditional collective certification and court-authorized notice to potential opt-in plaintiffs #12 . (Attachments: #1 Exhibit Proposed Notice to Collective, #2 Exhibit Proposed Text Notice to Collective, #3 Declaration David Carter, #4 Declaration Kimberly Butler, #5 Declaration Sakina Cheeks, #6 Exhibit Position Descriptions)(Ash, Charles) (Docket Text Modified by Clerk's Office on 10/5/2022). (kp, ). |
| Filing 12 MOTION by Plaintiffs Kimberly Butler, David Carter, Sakina Cheeks to certify class (Ash, Charles) |
| Filing 11 SUMMONS Returned Executed by David Carter, Sakina Cheeks, Kimberly Butler (Frisch, Andrew) |
| Filing 10 MINUTE entry before the Honorable Ronald A. Guzman: Defendant's unopposed motion for an extension of time until 10/28/22 to answer or otherwise plead to the complaint #9 is granted. The parties are directed to confer no later than 10/28/2022 to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, and they shall also discuss deadlines for any Rule 26(a)(1) disclosures that have not already been exchanged and a proposed discovery plan. Plaintiff is responsible for initiating such a conference, and all lead counsel for all parties must participate. In lieu of an initial status hearing, the parties shall file a joint written initial status report and proposed discovery plan by 11/4/2022. Failure or refusal to participate in such a conference or to cooperate in the preparation of the written report may constitute a basis for sanctions. After the Court receives the parties' written report, it will issue an order setting a discovery schedule if appropriate. Mailed notice. (kp, ) |
| Filing 9 MOTION by Defendant PCG International, Inc. for extension of time to file answer regarding complaint, #1 Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Plead (Rudd, Jeffrey) |
| Filing 8 ATTORNEY Appearance for Defendant PCG International, Inc. by Neil Hunter Dishman (Dishman, Neil) |
| Filing 7 ATTORNEY Appearance for Defendant PCG International, Inc. by Nicholas A Simpson (Simpson, Nicholas) |
| Filing 6 ATTORNEY Appearance for Defendant PCG International, Inc. by Jeffrey L Rudd (Rudd, Jeffrey) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Kimberly Butler, David Carter, Sakina Cheeks by Chanelle Joy Ventura (Ventura, Chanelle) |
| Filing 4 SUMMONS Returned Executed by David Carter, Sakina Cheeks, Kimberly Butler as to PCG International, Inc. on 9/6/2022, answer due 9/27/2022. (Frisch, Andrew) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Kimberly Butler, David Carter, Sakina Cheeks by Charles R. Ash, IV (Ash, Charles) |
| Filing 2 ATTORNEY Appearance for Plaintiffs Kimberly Butler, David Carter, Sakina Cheeks by Andrew Ross Frisch (Frisch, Andrew) |
| SUMMONS Issued as to Defendant PCG International, Inc. (emc, ) |
| Filing 1 COMPLAINT filed by David Carter, Sakina Cheeks, Kimberly Butler; Jury Demand. Filing fee $ 402, receipt number AILNDC-19773174. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1- Consent to Join for David Carter, #3 Exhibit 2 - Consent to Join for Kimberly Butler, #4 Exhibit 3 - Consent to Join for Sakina Cheeks)(Frisch, Andrew) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jb, ) |
| 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. (jb, ) |
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