Frazier v. Omnicare, Inc. et al
| Yolanda Frazier |
| Omnicare, Inc. and Henry Industries, Inc. |
| 3:2023cv00856 |
| March 14, 2023 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.
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Filing 39
SCHEDULING AND DISCOVERY ORDER: Motion for Class Certification due by 7/1/2024. Signed by Judge David W. Dugan on 5/11/2023. (Attachments: #1 JROP)(dmw2)
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Filing 38
ORDER. The Court adopts the Joint Reports of the Parties, as modified to delete Paragraph 14 of the parties' Joint Report. Accordingly, the Scheduling Conference set for 5/17/2023 is CANCELLED. In accepting the Joint Report, the Court acknowledges that the parties added additional argument and agreements concerning a potential stay of proceedings and/or a bifurcated discovery schedule for Plaintiff's FLSA claims and briefing on the putative collective action. According to the parties, a bifurcated discovery schedule would prove more efficient superior means of case management than the scheduled outlined by the Court's Class Action Joint Report Form. However, despite suggesting the Court set additional discovery and briefing deadlines, the parties do not propose any dates for those deadlines. Moreover, the parties propose setting firm deadlines on dispositive motions and the close of discovery, despite the Joint Report's instruction that the Court will schedule an additional conference after class certification is decided to address merits discovery and other deadlines. At this time, the Court finds it premature to address these additional issues raised by the parties. Defendant has already filed a motion to stay (Doc. 36), which the Court will address in due course, and after Plaintiff has had time to file a response to the Motion. Further, any request to set additional briefing or discovery schedules not covered in the Joint Report should be made by motion. See Fed. R. Civ. P. 7(b)(1) (A request for a court order must be made by motion). Indeed, while the parties speak broadly to the two-step certification process consistently used for FLSA actions, the Seventh Circuit has not identified a specific standard for certifying a collective action under the FLSA. See Iannotti v. Wood Group Mustang, 603 F.Supp.3d 649, 653 (S.D. Ill. 2022) (citing Owens v. GLH Cap. Enter., Inc., No. 3:16-CV-1109-NJR-SCW, 2017 WL 2985600, at *1 (S.D. Ill. July 13, 2017)). Further, this Court has wide discretion in determining how these suits should proceed. See Weil v. Metal Techs., Inc., 925 F.3d 352, 357 (7th Cir. 2019). Accordingly, the parties may bring these issues to the Court through an appropriate motion filed with the Court. Signed by Judge David W. Dugan on 5/11/2023. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 37 MEMORANDUM in Support re #36 MOTION to Stay Proceedings filed by Henry Industries, Inc.. (Attachments: #1 Exhibit 1 - First Amended Class Action Complaint)(Hill, Taryn) |
| Filing 36 MOTION to Stay Proceedings by Henry Industries, Inc.. (Hill, Taryn) |
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Filing 35
ORDER GRANTING #34 MOTION to Appear Pro Hac Vice by Attorney Philip Joseph Krzeski on behalf of Yolanda Frazier.(jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 34 MOTION to Appear Pro Hac Vice by Attorney Philip Joseph Krzeski $200 fee paid,receipt number AILSDC-5063054 by on behalf of Yolanda Frazier. (Krzeski, Philip) |
| Filing 33 ANSWER to #1 Complaint, by Omnicare, Inc..(McKinley, Andrew) |
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Filing 32
ORDER GRANTING #31 MOTION to Appear Pro Hac Vice by Attorney Sat Sang S. Khalsa on behalf of Henry Industries, Inc.. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 MOTION to Appear Pro Hac Vice by Attorney Sat Sang S. Khalsa $200 fee paid,receipt number AILSDC-5060935 by on behalf of Henry Industries, Inc.. (Khalsa, Sat Sang) |
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Filing 30
ORDER granting #27 Consent Motion for Extension of Time. By Motion dated April 21, 2023, Defendant Henry Industries, Inc. seeks an extension of its answer deadline. Plaintiff consents to this request. For good cause shown, the Motion is GRANTED. Defendant may answer or otherwise respond to Plaintiff's Complaint by May 8, 2023. (Henry Industries, Inc. answer due 5/8/2023). Signed by Judge David W. Dugan on 4/24/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 29
ORDER GRANTING #28 MOTION to Appear Pro Hac Vice by Attorney Mollie M Burks on behalf of Henry Industries, Inc. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 MOTION to Appear Pro Hac Vice by Attorney Mollie M Burks $200 fee paid,receipt number AILSDC-5058607 by on behalf of Henry Industries, Inc.. (Burks, Mollie) |
| Filing 27 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Henry Industries, Inc.. (Hill, Taryn) |
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Filing 26
ORDER granting #22 Motion to Withdraw. By Motion dated April 18, 2023, Attorney Daniel R. Jones seeks to withdraw as counsel of record for Defendant Henry Industries, Inc. Attorney Taryn Hill has entered an appearance on behalf of Defendant Henry Industries, Inc. Accordingly, the Motion to Withdraw is GRANTED and Attorney Jones is TERMINATED as counsel for Defendant Henry Industries, Inc. Attorney Hill will continue to represent Defendant. Signed by Judge David W. Dugan on 4/21/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 25
ORDER GRANTING #24 MOTION to Appear Pro Hac Vice by Attorney Andrew Michael McKinley on behalf of Omnicare, Inc., and #23 MOTION to Appear Pro Hac Vice by Attorney James Joseph Swartz, Jr on behalf of Omnicare, Inc. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 24 MOTION to Appear Pro Hac Vice by Attorney Andrew Michael McKinley $200 fee paid,receipt number AILSDC-5056685 by on behalf of Omnicare, Inc.. (McKinley, Andrew) |
| Filing 23 MOTION to Appear Pro Hac Vice by Attorney James Joseph Swartz, Jr $200 fee paid,receipt number AILSDC-5056670 by on behalf of Omnicare, Inc.. (Swartz, James) |
| Filing 22 MOTION to Withdraw as Attorney (Daniel R. Jones) by Henry Industries, Inc.. (Jones, Daniel) |
| Filing 21 NOTICE of Appearance by Taryn Hill on behalf of Henry Industries, Inc. (Hill, Taryn) |
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Filing 20
ORDER. Scheduling Conference set for 5/17/2023 at 3:30 PM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 5/10/2023 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. The Parties are instructed to use the correct form for the Joint Report of the Parties which can be found attached to this Order. Signed by Judge David W. Dugan on 4/12/2023. (Attachments: #1 JROP)(dmw2)
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| Filing 19 CJRA TRACK D assigned: Final Pretrial Conference set for 4/3/2025 at 10:00 AM and Jury Trial set for 4/14/2025 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 4/12/2023. (dmw2) |
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Filing 18
ORDER granting #16 Motion for Extension of Time. By Motion dated April 10, 2023, Defendant Omnicare, Inc. seeks an extension of its answer deadline. Plaintiff consents to this request. For good cause shown, the Motion is GRANTED. Defendant may answer or otherwise respond to Plaintiff's Complaint by April 26, 2023. Signed by Judge David W. Dugan on 4/11/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Omnicare, Inc. identifying Corporate Parent CVS Pharmacy, Inc. for Omnicare, Inc.. (Clark, Kathryn) |
| Filing 16 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Omnicare, Inc.. (Clark, Kathryn) |
| Filing 15 NOTICE of Appearance by Kathryn S. Clark on behalf of Omnicare, Inc. (Clark, Kathryn) |
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Filing 14
ORDER granting #11 Motion for Extension of Time. By Motion dated April 7, 2023, Defendant Henry Industries, Inc. seeks an extension of its answer deadline. Plaintiff consents to this request. For good cause shown, the Motion is GRANTED. Defendant may answer or otherwise respond to Plaintiff's Complaint by April 24, 2023. Further, a review of the docket indicates that Defendant Henry Industries, Inc. has not filed its disclosures in accordance with Fed. R. Civ. P. 7.1. Accordingly, Defendant shall also file its disclosure statement by April 24, 2023. (Answer due 4/24/2023). Signed by Judge David W. Dugan on 4/10/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
ORDER granting #12 Motion to Appear Pro Hac Vice by Attorney Jones on behalf of Defendant Henry Industries, Inc. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 MOTION to Appear Pro Hac Vice by Attorney Daniel R Jones $200 fee paid,receipt number AILSDC-5045814 by on behalf of Henry Industries, Inc.. (Jones, Daniel) |
| Filing 11 Consent MOTION for Extension of Time to File Answer by Henry Industries, Inc.. (Jones, Daniel) |
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Filing 10
ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Judge David W. Dugan for all further proceedings. Signed by Judge J. Phil Gilbert on 4/7/2023. (jdh)
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| Filing 9 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order Nos. 257 and 341, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 23-856-JPG. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Yiatras, Tiffany) |
| Filing 7 Summons Issued as to Henry Industries, Inc., Omnicare, Inc.. Originals mailed to Attorney Yiatras. (jlh) |
| Filing 6 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Orders 257 and 341. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 257 and 341, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent:. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 23-cv-00856-RJD. Consent due by 4/5/2023 (jlh) |
| Filing 5 NOTICE of Appearance by Francis (Casey) J. Flynn on behalf of Yolanda Frazier (Flynn, Francis (Casey)) |
| Filing 4 NOTICE of Appearance by Tiffany Marko Yiatras on behalf of Yolanda Frazier (Yiatras, Tiffany) |
| Filing 3 Summons Requested. (Yiatras, Tiffany) |
| Filing 2 Summons Requested. (Yiatras, Tiffany) |
| Filing 1 COMPLAINT against Henry Industries, Inc., Omnicare, Inc. ( Filing fee $ 402 receipt number AILSDC-5025170.), filed by Yolanda Frazier. (Attachments: #1 Exhibit A, Consent to Join, #2 Civil Cover Sheet Civil Cover Sheet)(Yiatras, Tiffany) |
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