Garcia-Beltran v. Tommy's Redhots, Inc. et al
| Carlos Garcia-Beltran |
| Tommy's Redhots, Inc., Tommy's/Lake In The Hills, Ltd. and Thomas Greico |
| 3:2019cv50060 |
| March 4, 2019 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Frederick J Kapala |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on July 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 47 MINUTE entry before the Honorable Lisa A. Jensen: The parties' joint motion to amend order of dismissal #45 is granted. The dismissal order #44 is amended as follows: Pursuant to the parties' stipulation of dismissal #40 and motion to amend #45 , this action is dismissed initially without prejudice, with the Court retaining jurisdiction for the limited purpose of enforcing the terms of the settlement agreement, if necessary. Absent a motion brought on or before 8/31/2020 to enforce the settlement agreement or for an extension of time, the dismissal without prejudice shall automatically convert to a dismissal with prejudice. The motion hearing set for 7/15/2020 is stricken. Civil case remains closed. Mailed notice (jp, ) |
| Filing 46 NOTICE of Motion by Timothy Michael Nolan for presentment of motion to amend/correct #45 before Honorable Lisa A. Jensen on 7/15/2020 at 10:00 AM. (Nolan, Timothy) |
| Filing 45 MOTION by Plaintiff Carlos Garcia-Beltran to amend/correct Order of Dismissal (Nolan, Timothy) |
Filing 44
ORDER: The Court finds that the parties' settlement agreement and release represents a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act, 29 U.S.C. 201 et seq., and the Illinois Minimum Wage Law, 820 ILCS 105/1 et seq. Pursuant to the parties' stipulation of dismissal, Dkt. #40 , this action is dismissed initially without prejudice, with the Court retaining jurisdiction for the limited purpose of enforcing the terms of the settlement agreement, if necessary. Absent a motion brought on or before July 24, 2020 to enforce the settlement agreement or for an extension of time, the dismissal without prejudice shall automatically convert to a dismissal with prejudice. Civil case terminated. Signed by the Honorable Lisa A. Jensen on 5/1/2020. Mailed notice (jk, )
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| Filing 43 MEMORANDUM by Carlos Garcia-Beltran In Support of Settlment Agreement (Attachments: #1 Exhibit A)(Nolan, Timothy) |
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Filing 42
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. (docket10, )
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| Filing 41 MINUTE entry before the Honorable Lisa A. Jensen: The parties have filed a stipulation of dismissal #40 seeking dismissal based on, and possible enforcement of, a settlement agreement that the court has not reviewed or approved. See Walton v. United Consumers Club, Inc., 786 F.2d 303, 306 (7th Cir. 1986) ("Courts... have refused to enforce wholly private settlements [of FLSA claims]."); Salcedo v. D'Arcy Buick GMC, Inc., 227 F. Supp. 3d 960, 961 (N.D. Ill. 2016) ("[D]istrict courts in this Circuit routinely require approval of FLSA settlements."); see also Morgan v. CSW Inc., No. 16-C-1283, 2017 WL 3161148, at *3 (E.D. Wis. July 25, 2017) ("Although the Second Circuit did not resolve the question of whether a dismissal without prejudice requires court approval under Rule 41, a district court in Florida has held that a stipulated dismissal of a FLSA action requires court approval for any settlements regardless of whether the dismissal is with or without prejudice."). Given that the parties are requesting this Court to dismiss without prejudice to allow for possible enforcement of a FLSA settlement agreement, by 5/15/2020, the parties shall file the settlement agreement and a memorandum supporting that the agreement represents a fair and reasonable resolution of the dispute. Alternatively, the parties may file a memorandum identifying why such dismissal would not require court approval of the parties' settlement agreement. Mailed notice (jk, ) |
| Filing 40 STIPULATION of Dismissal (Nolan, Timothy) |
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Filing 39
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. (docket2, )
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Filing 38
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. (tg, )
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| Filing 37 MINUTE entry before the Honorable Lisa A. Jensen: Status hearing held. Parties update the Court on the progress of discovery and settlement negotiations. Parties anticipate meeting the existing 5/29/2020 fact discovery deadline. A status hearing is set for 3/26/2020 at 9:00 AM. Parties intending to appear telephonically are directed to consult the telephone appearances section of Judge Jensen's webpage. Mailed notice (jk, ) |
| Filing 36 MINUTE entry before the Honorable Lisa A. Jensen: The proposed case management order #35 is adopted as follows. Rule 26(a)(1) disclosures by 12/20/2019; a maximum of 25 interrogatories and 20 requests to admit by each party to any other party; 5 depositions by Plaintiff and 5 depositions by Defendants each limited to 3 hours each; the deadline for parties to amend pleadings, add counts or parties, and file third-party complaints is 2/28/2020; supplemental Rule 26(e) disclosures by 3/31/2020; fact discovery ends on 5/29/2020; dispositive motions due by 6/26/2020; A status hearing is set for 1/23/2020 at 9:00 AM. Parties intending to appear telephonically are directed to consult the telephone appearances section of Judge Jensen's webpage. Mailed notice (jk, ) |
| Filing 35 PROPOSED Case Management Order by Carlos Garcia-Beltran (Nolan, Timothy) |
| Filing 34 MINUTE entry before the Honorable Lisa A. Jensen: Status hearing held on 11/18/2019. Parties report on status of settlement discussions. By 12/02/2019, the parties shall file a joint proposed case management order using the form located on Judge Jensen's webpage. Upon review of the proposed case management order, the Court will set the next status hearing by minute entry. Mailed notice (jk, ) |
| Filing 33 MINUTE entry before the Honorable Lisa A. Jensen: Status hearing held on 10/07/2019. Parties report to the Court on their on-going settlement discussions. A status hearing is continued to 11/18/2019. Parties intending to appear telephonically are directed to consult the telephone appearances section of Judge Jensen's webpage. If parties believe a settlement conference would bridge any remaining gaps between Plaintiffs and Defendants, they should come to the next status hearing with 2-3 agreed dates for setting a settlement conference or email the Court's Operations Specialist at John_Koselke@ilnd.uscourts.gov for scheduling a settlement conference. The parties are directed to read Judge Jensen's Standing Order for Settlement Conferences found on her webpage at ilnd.uscourts.gov. Mailed notice (jk, ) |
| Filing 32 MINUTE entry before the Honorable Lisa A. Jensen: For Court scheduling purposes, the status hearing set for 10/16/2019 at 9:00 AM is stricken and reset to 10/07/2019 at 9:00 AM. Parties intending to appear telephonically are directed to consult the telephone appearances section of Judge Jensen's webpage. Mailed notice (jk, ) |
| Filing 31 MINUTE entry before the Honorable Lisa A. Jensen: Due to a conflict with the Court's calendar, the telephonic status hearing previously set for 10/9/2019 is reset to 10/16/2019 at 9:00 AM. Parties intending to appear telephonically are directed to consult the telephone appearances section of Judge Jensen's webpage. Mailed notice (jp, ) |
| Filing 30 STATUS Report Regarding Settlement by Carlos Garcia-Beltran (Nolan, Timothy) |
| Filing 29 MINUTE entry before the Honorable Lisa A. Jensen: The telephonic status hearing previously set for 9/4/2019 is reset to 10/9/2019 at 9:00 AM. Parties intending to appear telephonically are directed to consult the telephone appearances section of Judge Jensen's webpage. Mailed notice (jk, ) |
| Filing 28 NOTICE by Carlos Garcia-Beltran of Filing Answers to Court's Interrogatories (Nolan, Timothy) |
| Filing 27 REVISED FLSA SCHEDULING ORDER: By 7/19/2019, the parties shall serve each other with documents/records. By 8/13/2019, plaintiff shall answer the Court's interrogatories. By 9/10/2019, the parties are to meet and confer. By 9/30/2019, the parties shall jointly file a report regarding settlement. (See order for full detail). Signed by the Honorable Lisa A. Jensen on 6/27/2019. Mailed notice (jk, ) |
| Filing 26 MINUTE entry before the Honorable Lisa A. Jensen: This case and related case 19-cv-50089 Puntos et al v. Tommy's/Lake In The Hills, Ltd. et al are consolidated for the purpose of discovery. By 6/28/2019 the parties are to submit a revised joint proposed FLSA case management order to proposed_order_jensen@ilnd.uscourts.gov. using the form found on Judge Jensen's webpage. Mailed notice (jk, ) |
| Filing 25 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Lisa A. Jensen. Signed by Honorable John J. Tharp, Jr on 5/24/2019. (jp, ) |
| Filing 24 FLSA SCHEDULING Order: The parties shall serve each other with documents/records. By 7/09/2019, Plaintiff shall answer the Court's Interrogatories and serve a copy on Defendants. By 8/06/2019, the parties are to meet and confer. By 8/26/2019, the parties shall jointly file a Report Regarding Settlement. (See order for full detail). Signed by the Honorable Lisa A. Jensen on 5/23/2019. Mailed notice (jk, ) |
| Filing 23 MINUTE entry before the Honorable Lisa A. Jensen: The parties' proposed FLSA scheduling order is adopted. The order shall issue separately. A telephonic status hearing is set for 9/04/2019 at 9:00 AM. By 8/30/2019, counsel shall provide their contact information to the Court's operations specialist. Mailed notice (jk, ) |
| Filing 22 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Nolan, Timothy) |
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Filing 21
MINUTE entry before the Honorable John J. Tharp, Jr: The general referral of this case to Magistrate Judge Jensen is modified to exclude only the following types of hearings and motions: (1) trial; (2) dispositive motions; (3) Daubert motions and related hearings; (4) any motion for which a report and recommendation would be required by Rule 72(b)(1); (5) any pretrial conference and/or motions concerning the scheduling or conduct of the trial; and (6) initial screening of complaints of pro se prisoners or other pro se litigants seeking leave to proceed in forma pauperis. Excluded matters will be handled by Judge Tharp (unless subject to a specific order referring the matter to the assigned Magistrate Judge). Trial dates will be set by Judge Tharp and trials will be conducted in the Roszkowski U.S. Courthouse. Mailed notice (air, )
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| Filing 20 MINUTE entry before the Honorable Lisa A. Jensen: Status hearing held on 5/13/2019. By 5/28/2019 the parties are to submit a joint proposed FLSA case management order using the form found on Judge Jensen's webpage to proposed_order_jensen@ilnd.uscourts.gov. A further status hearing will be set via minute entry. Mailed notice (jk, ) |
| Filing 19 AMENDED GENERAL ORDER 19-0007: Case reassigned to the Honorable John J. Tharp, Jr for all further proceedings. Honorable Frederick J. Kapala no longer assigned to the case. Signed by Executive Committee on 3/28/2019.(jp, ) |
| Filing 18 NOTICE by All Defendants re status report #17 (Ziebell, Lance) |
| Filing 17 STATUS Report Joint Initial Status Report by Thomas Greico, Tommy's Redhots, Inc., Tommy's/Lake In The Hills, Ltd. (Ziebell, Lance) |
| Filing 16 MINUTE entry before the Honorable Lisa A. Jensen: Initial status hearing set for 5/13/2019 at 9:00 AM. The parties shall jointly complete the PDF fillable initial status report form found on the Court's webpage under Initial Status Conferences and Reports and file by 5/6/2019. Lead counsel with full knowledge of the case must appear in person at the initial status hearing. Mailed notice (jk, ) |
| Filing 15 NOTICE by All Defendants re answer to complaint #14 (Ziebell, Lance) |
| Filing 14 ANSWER to Complaint by Thomas Greico, Tommy's Redhots, Inc., Tommy's/Lake In The Hills, Ltd.(Ziebell, Lance) |
| Filing 13 MINUTE entry before the Honorable Iain D. Johnston: In light of the reassignment of this case to Judge Jensen, the hearing set for 5/21/2019 is stricken. The hearing will be reset by entry from Judge Jensen's chambers. (yxp, ) |
| Filing 12 EXECUTIVE COMMITTEE ORDER: It appearing that Lisa A. Jensen has been appointed as a United States Magistrate Judge for the Northern District of Illinois, Western Division; and It further appearing that Internal Operating Procedure 17(a) provides for the creation of an initial calendar for a newly-appointed magistrate judge by equalization; therefore IT IS HEREBY ORDERED That the attached list of civil consent cases, civil referrals, miscellaneous cases, and criminal case referrals are hereby reassigned to form the initial calendar of the Honorable Lisa A. Jensen. Case referred to the Honorable Lisa Jensen. Signed by Executive Committee on 4/12/2019.(sm, ) |
| Filing 11 MINUTE entry before the Honorable Iain D. Johnston: The defendants' motion for an extension of time to answer #9 is granted. The defendants' answers are now due 4/26/2019. The initial status hearing previously set for 4/23/2019 is stricken and is reset to 5/21/2019 at 9:00 AM. The joint initial written status report is now due 5/14/2019. (yxp, ) |
| Filing 10 NOTICE by All Defendants re MOTION by Defendants Thomas Greico, Tommy's Redhots, Inc., Tommy's/Lake In The Hills, Ltd. for extension of time to file answer #9 (Ziebell, Lance) |
| Filing 9 MOTION by Defendants Thomas Greico, Tommy's Redhots, Inc., Tommy's/Lake In The Hills, Ltd. for extension of time to file answer (Ziebell, Lance) |
| Filing 8 MINUTE entry before the Honorable Iain D. Johnston: Initial status hearing set for 4/23/2019 at 9:00 AM. The parties shall jointly complete the PDF fillable initial status report form found on the Court's webpage under Initial Status Conferences and Reports and file by 4/17/2019. Lead counsel with full knowledge of the case must appear in person at the initial status hearing. (yxp, ) |
| Filing 7 Western Division ADR Notification (jp, ) |
| Filing 6 ATTORNEY Appearance for Defendants Thomas Greico, Tommy's Redhots, Inc., Tommy's/Lake In The Hills, Ltd. by Lance C. Ziebell (Ziebell, Lance) |
| Filing 5 SUMMONS Returned Executed by Carlos Garcia-Beltran as to Tommy's/Lake In The Hills, Ltd. on 3/8/2019, answer due 3/29/2019. (Nolan, Timothy) |
| Filing 4 SUMMONS Returned Executed by Carlos Garcia-Beltran as to Tommy's Redhots, Inc. on 3/8/2019, answer due 3/29/2019. (Nolan, Timothy) |
| SUMMONS Issued as to Defendants Thomas Greico, Tommy's Redhots, Inc., Tommy's/Lake In The Hills, Ltd. (mc, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Carlos Garcia-Beltran by Timothy Michael Nolan (Nolan, Timothy) |
| Filing 2 CIVIL Cover Sheet (Nolan, Timothy) |
| Filing 1 COMPLAINT filed by Carlos Garcia-Beltran; Filing fee $ 400, receipt number 0752-15548933. (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| CASE ASSIGNED to the Honorable Frederick J. Kapala and Honorable Iain D. Johnston. Designated as Magistrate Judge the Honorable Iain D. Johnston. Case assignment: Random assignment. (pg, ) |
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