Harris v. Reliable Reports Inc
| Matthew Harris |
| Reliable Reports Inc |
| Clark Trotter |
| 1:2013cv00210 |
| July 3, 2013 |
| US District Court for the Northern District of Indiana |
| Fort Wayne Office |
| Allen |
| Roger B Cosbey |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 9, 2014. A more recent docket listing may be available from PACER.
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| Filing 57 CLERK'S ENTRY OF JUDGMENT. (lhc) |
| Filing 56 STIPULATED FINAL JUDGMENT GRANTING #51 Joint MOTION for Settlement Agreement Approval by Plaintiff Matthew Harris. The Parties' Settlement is approved. This action is dismissed with prejudice. Each party is to bear its own fees and costs unless otherwise specifically provided for in the Settlement. The Clerk shall close the file upon entry of the Stipulated Final Judgment. Signed by Magistrate Judge Roger B Cosbey on 12/9/2014. (lhc) |
| Filing 55 TELEPHONIC CONFERENCE re #51 Joint Motion for Settlement Agreement Approval held on 12/9/2014 before Magistrate Judge Roger B Cosbey. Pla appeared by atty Jesse Young. Dft appeared by attys Kevin Shaughnessy and Caroline Landt. Court approves Agreement and will enter Stipulated Final Judgment. (FTR 1st floor.) (mr) |
| Filing 54 ENTRY for Magistrate Judge Roger B. Cosbey: This matter is set for a Telephonic Conference on 12/9/2014 at 1:00 pm to address setting a hearing on the #51 Joint Motion for Settlement Agreement Approval. The Court will initiate the call. So Ordered.(mr) |
| Filing 53 NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: The parties having consented pursuant to 28 U.S.C. Section 636(c), this case is referred to Magistrate Judge Roger B Cosbey for all purposes and is reassigned pursuant to General Order 2007-10 from Magistrate Judge Roger B Cosbey and Judge Joseph S Van Bokkelen to Magistrate Judge Roger B Cosbey. (lhc) |
| Filing 52 COURT'S NOTICE to parties re #45 Magistrate Consent Forms. Magistrate Consent forms due by 12/9/2014. Signed by Magistrate Judge Roger B Cosbey on 12/4/2014. (lhc) |
| Filing 51 Joint MOTION for Settlement Agreement Approval by Plaintiff Matthew Harris. (Attachments: #1 Exhibit A - Prontaut v. Reliable Complaint, #2 Exhibit B - Young Declaration)(Young PHV, Jesse) |
| Filing 50 NOTICE by Matthew Harris Plaintiff's Third Notice of Filing Consent to Join (Attachments: #1 Exhibit Consent to Join)(Young PHV, Jesse) |
| Filing 49 SETTLEMENT CONFERENCE held and concluded on 11/12/2014 before Magistrate Judge Roger B Cosbey. Pla appeared with atty Jesse Young and atty Lynn Toops. Dft appeared by atty Kevin Shaughnessy, atty Caroline Landt, Shawn Robertson, President, COO, and Cindy Braun, representative for Great American Insurance. (FTR 1st floor.) (mr) |
Filing 48
ORDER FOR SETTLEMENT CONFERENCE SETTING Settlement Conference for 11/12/2014 at 9:00 a.m. in US District Court - Fort Wayne before Magistrate Judge Roger B. Cosbey. Lead counsel for each side to submit a "Confidential Statement of the Case" by 11/6/2014, as outlined in Order. Signed by Magistrate Judge Roger B Cosbey on 10/2/2014. (lhc)
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| Filing 47 TELEPHONIC SCHEDULING CONFERENCE held on 10/2/2014 before Magistrate Judge Roger B Cosbey. Pla appeared by atty Jesse Young. Dft appeared by attys Kevin Shaughnessy and Paul Harold. The #46 Report of Parties' Planning Meeting is approved as to discovery. Last date for parties to seek leave to join additional parties and to amend the pleadings is 1/15/2015. Last date to file a motion to certify any class is 4/1/2015. If no such motion is filed, Court will deem the class allegations withdrawn. Last date for completion of discovery is 9/1/2015. Settlement Conference set for 11/12/2014 09:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. (FTR 1st floor.) (mr) |
| Filing 46 REPORT of Rule 26(f) Planning Meeting. (Harold, Paul) |
| Filing 45 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (mr) |
| Filing 44 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 10/2/2014 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. Court to initiate call.(mr) |
| Filing 43 NOTICE of Voluntary Dismissal by Reliable Reports Inc (Harold, Paul) |
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Filing 42
OPINION AND ORDER DENYING #38 MOTION for Leave to File Sur-Reply filed by Reliable Reports Inc; DENYING #5 MOTION for Conditional Class Certification, Court-Supervised Notice to potential opt-in plaintiffs, and expedited discovery filed by Matthew Harris. Clark Trotter and Warren Zettel are not permitted to join this action as Plas. Signed by Judge Joseph S Van Bokkelen on 5/21/2014. (lns)
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| Filing 41 REPLY to Response to Motion re #38 MOTION for Leave to File Sur-Reply Addressing New Matters Raised for the First Time In Plaintiff's Reply filed by Reliable Reports Inc. (Attachments: #1 Exhibit A (Affidavit of Shawn P. Robertson), #2 Exhibit 1 to Affidavit of Shawn P. Robertson (Zettel Earning Statements))(Harold, Paul) |
| Filing 40 RESPONSE to Motion re #38 MOTION for Leave to File Sur-Reply Addressing New Matters Raised for the First Time In Plaintiff's Reply in Opposition (Corrected) filed by Matthew Harris. (Attachments: #1 Exhibit A - Zettle Offer Letter, #2 Exhibit B - Zettle Piece Rate Report, #3 Exhibit C - Declaration of Warren Zettle)(Young PHV, Jesse) |
| Filing 39 RESPONSE to Motion re #38 MOTION for Leave to File Sur-Reply Addressing New Matters Raised for the First Time In Plaintiff's Reply In Opposition filed by Matthew Harris. (Attachments: #1 Exhibit A - Zettle Offer Letter, #2 Exhibit B - Zettle Piece Rate Report)(Young PHV, Jesse) |
| Filing 38 MOTION for Leave to File Sur-Reply Addressing New Matters Raised for the First Time In Plaintiff's Reply by Defendant Reliable Reports Inc. (Attachments: #1 Exhibit A - Sur-Reply Addressing Opt-In Zettel, #2 Exhibit 1 - Affidavit of Charles L Roth)(McIlwee, John) |
| Filing 37 WAIVER OF SERVICE Returned Executed by Reliable Reports Inc. Clark Trotter waiver sent on 3/26/2014, answer due 5/27/2014. (McIlwee, John) |
| Filing 36 REPLY to Response to Motion re #5 MOTION FOR CONDITIONAL CLASS CERTIFICATION, COURT-SUPERVISED NOTICE TO POTENTIAL OPT-IN PLAINTIFFS PURSUANT TO 29 U.S.C. 216(b), AND EXPEDITED DISCOVERY filed by Matthew Harris. (Attachments: #1 Exhibit A [Proposed] Notice of Collective Action)(Shevitz, Richard) Modified text to match document's caption on 4/2/2014 (mc). |
| Filing 35 NOTICE by Matthew Harris of Filing Plaintiff's Second Consent to Join (Attachments: #1 Exhibit Consent to Join)(Young PHV, Jesse) |
| Filing 34 Amended ANSWER to #1 Complaint And Affirmative And Other Defenses, Amended COUNTERCLAIM against Clark Trotter by Reliable Reports Inc. (Attachments: #1 Exhibit A - Trotter Overpayment Information, #2 Exhibit B - Demand Letter to Trotter)(McIlwee, John) |
| Filing 33 RESPONSE to Motion re #5 MOTION for Discovery MOTION to Certify Class filed by Reliable Reports Inc. (Attachments: #1 Exhibit A - Employee Handbook, #2 Exhibit B - Compensation Plan, #3 Exhibit C - Affidavit of Robertson, #4 Exhibit C1 - FAQ Supplement to Compensation Plan dated Mar 10, 2013, #5 Exhibit D - Affidavit of Gregory, #6 Exhibit E - Affidavit of Patton, #7 Exhibit F - Affidavit of Vogelmeier, #8 Exhibit G - Proposed Notice)(McIlwee, John) |
| Filing 32 ANSWER to #1 Complaint And Affirmative And Other Defenses, COUNTERCLAIM against Clark Trotter by Reliable Reports Inc. (Attachments: #1 Exhibit A - Trotter Overpayment Information, #2 Exhibit B - Demand Letter to Trotter)(McIlwee, John) |
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Filing 31
OPINION AND ORDER GRANTING in part and DENYING in part as outlined #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint RULE 12(f) MOTION to Strike Class and Collective Action Allegations filed by Reliable Reports Inc. Signed by Judge Joseph S Van Bokkelen on 3/10/2014. (lns)
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Filing 30
ORDER GRANTING #20 Motion for Extension of Time to Respond to Pla's Motion for Conditional Class Certification, Court-Supervised Notice to Potential Plaintiffs, and Expedited Discovery by Dft Reliable Reports Inc. Dft shall have 14 days from the date this Court's Order on its Motion to Dismiss is entered on the docket w/in which to respond to Pla's motion. Pla shall have 7 days after Dft's response is filed w/in which to reply. Signed by Judge Joseph S Van Bokkelen on 3/4/2014. (lns)
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| Filing 29 RESPONSE by Reliable Reports Inc to #28 Supplement, . (McIlwee, John) |
| Filing 28 SUPPLEMENT BRIEF IN SUPPORT of Plaintiff's #5 MOTION for Conditional Class Certification, #6 Brief in Support filed by Matthew Harris. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1 - Declaration Trotter, #3 Exhibit 2 - Emails re Telephone Calls, #4 Exhibit 3 - Emails re Accountability, #5 Exhibit 4 - Emails re Workers Comp Courses)(Young PHV, Jesse) Modified on 12/13/2013 to reflect actual title of pleading (rmn). |
| Filing 27 NOTICE by Matthew Harris of Filing Plaintiff's First Consent to Join (Attachments: #1 Exhibit Consent to Join)(Young PHV, Jesse) |
| Filing 26 REPLY to Response to Motion re #20 MOTION to Stay re #5 MOTION for Discovery MOTION to Certify Class filed by Reliable Reports Inc. (Harold, Paul) |
| Filing 25 REPLY to Response to Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint RULE 12(f) MOTION to Strike Class and Collective Action Allegations filed by Reliable Reports Inc. (Harold, Paul) |
| Filing 24 NOTICE of Appearance by John C McIlwee on behalf of Reliable Reports Inc (McIlwee, John) |
| Filing 23 RESPONSE to Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint RULE 12(f) MOTION to Strike Class and Collective Action Allegations filed by Matthew Harris. (Young PHV, Lance) |
| Filing 22 RESPONSE to Motion re #20 MOTION to Stay re #5 MOTION for Discovery MOTION to Certify Class filed by Matthew Harris. (Attachments: #1 Exhibit A - FLSA Chart)(Young PHV, Lance) |
| Filing 21 MEMORANDUM in Support of #20 MOTION to Stay re #5 MOTION for Discovery MOTION to Certify Class filed by Reliable Reports Inc. (Harold, Paul) |
| Filing 20 MOTION to Stay re #5 MOTION for Discovery MOTION to Certify Class by Defendant Reliable Reports Inc. (Harold, Paul) |
| Filing 19 MEMORANDUM in Support of #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint RULE 12(f) MOTION to Strike Class and Collective Action Allegations filed by Reliable Reports Inc. (Attachments: #1 Index of Exhibits to Memorandum Supporting Motion, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 4-A, #7 Exhibit 4-B, #8 Exhibit 4-C, #9 Exhibit 4-D, #10 Exhibit 4-E, #11 Exhibit 4-F, #12 Exhibit 5)(Harold, Paul) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint, RULE 12(f) MOTION to Strike Class and Collective Action Allegations by Defendant Reliable Reports Inc. (Harold, Paul) |
| Filing 17 NOTICE of Appearance by Kevin W Shaughnessy on behalf of Reliable Reports Inc (Shaughnessy, Kevin) |
| Filing 16 NOTICE of Appearance by Paul E Harold on behalf of Reliable Reports Inc (Harold, Paul) |
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Filing 15
ORDER GRANTING #14 Unopposed Motion for Extension of Time to Respond to Pla's Motion Seeking Conditional Class Certification and to File Responsive Pleading by Dft Reliable Reports Inc. Dft's answer to Complaint and Response to Motion Seeking Conditional Class Certification due by 8/8/2013. Signed by Magistrate Judge Roger B Cosbey on 7/30/2013. (lns)
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| Filing 14 Consent MOTION for Extension of Time to File Answer re #1 Complaint , Consent MOTION for Extension of Time to File Response/Reply as to #5 MOTION for Discovery MOTION to Certify Class by Defendant Reliable Reports Inc. (Kuehn, Robert) |
| Filing 13 Corporate Disclosure Statement by Reliable Reports Inc identifying Corporate Parent TAC Financial Corporation for Reliable Reports Inc.. (Kuehn, Robert) |
| Filing 12 NOTICE of Appearance by Robert John Kuehn, III on behalf of Reliable Reports Inc (Kuehn, Robert) |
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Filing 11
ORDER granting 9 Application to Appear Pro Hac Vice of Attorney Lance C Young PHV for Matthew Harris. Signed by Magistrate Judge Christopher A Nuechterlein on 7/16/13. (smp)
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Filing 10
ORDER granting 8 Application to Appear Pro Hac Vice of Attorney Jesse L Young PHV for Matthew Harris. Signed by Magistrate Judge Christopher A Nuechterlein on 7/16/13. (smp)
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| Filing 9 APPLICATION for Attorney Lance C Young to Appear Pro Hac Vice on behalf of Matthew Harris ; Receipt #3007732. (smp) |
| Filing 8 APPLICATION for Attorney Jesse L Young to Appear Pro Hac Vice on behalf of Matthew Harris ; Receipt #3007733. (smp) |
| Filing 7 SUMMONS Issued as to Reliable Reports Inc. NOTE: The attached document should not be used to effect service of process. Only copies that bear the seal of the court should be used for service of process. (cer) |
| Filing 6 BRIEF in Support of #5 MOTION for Conditional Class Certification, Court Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 USC 216(b) and Expedited Discovery by Plaintiff Matthew Harris. (cer) |
| Filing 5 MOTION for Conditional Class Certification, Court Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 USC 216(b) and Expedited Discovery by Plaintiff Matthew Harris. (cer) |
| Filing 4 NOTICE of Appearance by Lynn A Toops on behalf of Matthew Harris. (cer) |
| Filing 3 NOTICE of Appearance by Richard E Shevitz on behalf of Matthew Harris. (cer) |
| Filing 2 NOTICE of Appearance by Irwin B Levin on behalf of Matthew Harris. (cer) |
| Filing 1 COMPLAINT with Jury Demand against Reliable Reports Inc (Filing Fee: $400.00; Receipt #INN1003571) filed by Matthew Harris. (Attachments: #1 Civil Cover Sheet).(cer) |
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