HOWARD v. Dollar Tree Stores, Inc.
| DARYL HOWARD |
| Dollar Tree Stores, Inc. |
| 1:2022cv04874 |
| September 9, 2022 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Labor: Fair Standards |
| 15 U.S.C. ยง 1938 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 14 MINUTE entry before the Honorable Gary Feinerman: Rule 26(a)(1) disclosures shall be served by 12/5/2022. Written discovery requests shall be served by 12/19/2022. Motions to amend the pleadings and add new parties shall be filed by 5/1/2023. Fact discovery shall be completed by 8/28/2023. Dispositive motions shall be filed by 10/9/2023. This case is referred to Magistrate Judge Cole for discovery supervision. The status hearing set for 11/9/2022 #3 is stricken and re-set for 9/12/2023 at 9:00 a.m. By 9/5/2023, the parties shall file a joint status report: (1) confirming that discovery has been completed; (2) stating whether either side intends to move for summary judgment; (3) proposing a deadline to move for conditional certification of a collective action or class certification; (4) stating whether all parties would like a settlement conference with the Magistrate Judge; and (5) stating whether there is a need for the 9/12/2023 status hearing. The 11/21/2022 motion hearing #10 shall stand. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting by Dollar Tree Stores, Inc. (Canales, Daniel) |
| Filing 12 RESPONSE by Daryl Howardin Opposition to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Dollar Tree Stores, Inc. under Rule 12(b)(6) or, in the Alternative, Strike Collective Action Allegations #6 (Gaffney, Glenn) |
| Filing 11 Partial ANSWER to Complaint , Defenses and Affirmative Defenses, and COUNTERCLAIM filed by Dollar Tree Stores, Inc. against Daryl Howard with Jury Demand. by Dollar Tree Stores, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Canales, Daniel) |
| Filing 10 MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss #6 is denied in part and entered and continued in part.The complaint sufficiently alleges that Plaintiff was an employee of Defendant and worked overtime hours, so the Rule 12(b)(6) motion is denied. The allegations may be factually incorrect, but that is a matter for Rule 56 (and/or Rule 11(b)), not Rule 12(b)(6). The motion is entered and continued insofar as it seeks to strike the complaint's class and collective action allegations. Plaintiff shall respond to the motion to strike by 11/1/2022; Defendant shall reply by 11/15/2022. Motion hearing set for 11/21/2022 at 9:30 a.m. Attorneys/Parties should appear for the 11/21/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dollar Tree Stores, Inc. (Canales, Daniel) |
| Filing 8 ATTORNEY Appearance for Defendant Dollar Tree Stores, Inc. by Zev Liam Grumet-morris (Grumet-morris, Zev) |
| Filing 7 MEMORANDUM by Dollar Tree Stores, Inc. in support of Motion to Dismiss for Failure to State a Claim #6 under Rule 12(b)(6) or, in the Alternative, Strike Collective Action Allegations (Attachments: #1 Exhibit A, #2 Exhibit B)(Canales, Daniel) |
| Filing 6 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Dollar Tree Stores, Inc. under Rule 12(b)(6) or, in the Alternative, Strike Collective Action Allegations (Canales, Daniel) |
| Filing 5 ATTORNEY Appearance for Defendant Dollar Tree Stores, Inc. by Daniel Oscar Canales (Canales, Daniel) |
| Filing 4 SUMMONS Returned Executed by Daryl Howard as to Dollar Tree Stores, Inc. on 9/13/2022, answer due 10/4/2022. (Gaffney, Glenn) |
| Filing 3 MINUTE entry before the Honorable Gary Feinerman:Initial status hearing set for 11/9/2022 at 9:00 a.m. Initial Status Report shall be filed by 11/2/2022. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov) for details on the Initial Status Hearing and Initial Status Report. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 2 CIVIL Cover Sheet (Gaffney, Glenn) |
| Filing 1 COMPLAINT filed by DARYL HOWARD ; JURY DEMAND. Filing fee $ 402, receipt number BILNDC-19823908.(Gaffney, Glenn) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (smb, ) |
| 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. (smb, ) |
| SUMMONS Issued as to Defendant Dollar Tree Stores, Inc. (mbh, ) |
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| Plaintiff: DARYL HOWARD | |
| Represented By: | Glenn R. Gaffney |
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| Defendant: Dollar Tree Stores, Inc. | |
| Represented By: | Daniel Oscar Canales |
| Represented By: | Zev Liam Grumet-morris |
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