Puntos et al v. Tommy's/Lake In The Hills, Ltd. et al
| Miguel Espinoza Lozada and Alejandro Rios Puntos |
| Tommy's/Lake In The Hills, Ltd. and Donald Grieco |
| 3:2019cv50089 |
| April 17, 2019 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Harry D Leinenweber |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| None |
Docket Report
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| Filing 36 MINUTE entry before the Honorable Lisa A. Jensen: The parties' joint motion to amend order of dismissal #34 is granted. The dismissal order #33 is amended as follows: Pursuant to the parties' stipulation of dismissal #30 and motion to amend #34 , 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 35 NOTICE of Motion by Timothy Michael Nolan for presentment of motion to amend/correct #34 before Honorable Lisa A. Jensen on 7/15/2020 at 10:00 AM. (Nolan, Timothy) |
| Filing 34 MOTION by Plaintiffs Miguel Espinoza Lozada, Alejandro Rios Puntos to amend/correct Order of Dismissal (Nolan, Timothy) |
Filing 33
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. #30 , 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 4/24/2020. Mailed notice (jk, )
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| Filing 32 MEMORANDUM by Miguel Espinoza Lozada, Alejandro Rios Puntos (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 31 MINUTE entry before the Honorable Lisa A. Jensen: The parties have filed a stipulation of dismissal #30 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 30 STIPULATION of Dismissal (Nolan, Timothy) |
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Filing 29
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 28
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 27 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 26 MINUTE entry before the Honorable Lisa A. Jensen: The proposed case management order #25 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 25 PROPOSED Case Management Order by Miguel Espinoza Lozada, Alejandro Rios Puntos (Nolan, Timothy) |
| Filing 24 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 23 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 22 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 21 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 20 STATUS Report Regarding Settlement by Miguel Espinoza Lozada, Alejandro Rios Puntos (Nolan, Timothy) |
| Filing 19 MINUTE entry before the Honorable Lisa A. Jensen: A telephonic status hearing is set for 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 18 NOTICE by Miguel Espinoza Lozada of Filing Answers to Court's Interrogatories (Nolan, Timothy) |
| Filing 17 NOTICE by Alejandro Rios Puntos of Filing Answers to Court's Interrogatories (Nolan, Timothy) |
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Filing 16
ORDER REASSIGNING Case to the Honorable Lisa A. Jensen, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Judge Harry D. Leinenweber no longer assigned to the case. Signed by Honorable Harry D. Leinenweber on 6/27/2019. (jp, )
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| Filing 15 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 14 MINUTE entry before the Honorable Lisa A. Jensen: Status hearing held on 6/17/2019. This case and related case 19-cv-50060 Garcia-Beltran v. Tommy's Redhots, Inc. et al are consolidated for the purpose of discovery. By 6/28/2019 the parties are to submit a joint proposed FLSA case management order to proposed_order_jensen@ilnd.uscourts.gov. using the form found on Judge Jensen's webpage. The next status hearing will be set by minute entry. Mailed notice (jk, ) |
| Filing 13 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Nolan, Timothy) |
| Filing 12 NOTICE by All Defendants re status report #11 (Ziebell, Lance) |
| Filing 11 STATUS Report Joint Initial Status Report by Donald Grieco, Tommy's/Lake In The Hills, Ltd. (Ziebell, Lance) |
| Filing 10 NOTICE by All Defendants re answer to complaint #9 (Ziebell, Lance) |
| Filing 9 ANSWER to Complaint by Donald Grieco, Tommy's/Lake In The Hills, Ltd.(Ziebell, Lance) |
| Filing 8 SUMMONS Returned Executed by Alejandro Rios Puntos, Miguel Espinoza Lozada as to Tommy's/Lake In The Hills, Ltd. on 4/29/2019, answer due 5/20/2019. (Nolan, Timothy) |
| Filing 7 Western Division ADR Notification (jp, ) |
| Filing 6 ATTORNEY Appearance for Defendants Donald Grieco, Tommy's/Lake In The Hills, Ltd. by Lance C. Ziebell (Ziebell, Lance) |
| Filing 5 MINUTE entry before the Honorable Lisa A. Jensen: Initial status hearing set for 6/17/2018 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 6/10/2019. Lead counsel with full knowledge of the case must appear in person at the initial status hearing. Plaintiff is directed to notify any party filing an appearance to the entry of this order. Mailed notice (jk, ) |
| SUMMONS Issued as to Defendants Donald Grieco, Tommy's/Lake In The Hills, Ltd. (mc, ) |
| Filing 4 Pursuant to the Second Amended General Order 19-0007, dated 3/28/2019, this case is assigned to the Honorable Harry D. Leinenweber and referred generally to the Honorable Lisa A. Jensen. Signed by Executive Committee on 3/28/2019. (jp, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Miguel Espinoza Lozada, Alejandro Rios Puntos by Timothy Michael Nolan (Nolan, Timothy) |
| Filing 2 CIVIL Cover Sheet (Nolan, Timothy) |
| Filing 1 COMPLAINT filed by Alejandro Rios Puntos, Miguel Espinoza Lozada; Filing fee $ 400, receipt number 0752-15728760.(Nolan, Timothy) |
| CASE ASSIGNED to the Honorable Harry D. Leinenweber and Honorable Lisa Jensen. Designated as Magistrate Judge the Honorable Lisa Jensen. Case assignment: Random assignment. (pg, ) |
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