CHEN et al v. GENESCO, INC. et al
| DARIO SALAS and MELISSA CHEN |
| HAT WORLD INC., GENESCO, INC. and HAT WORLD INC. doing business as LIDS |
| 1:2018cv00690 |
| March 7, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A Baker |
| Sarah Evans Barker |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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Filing 128
STIPULATION AND ORDER OF FINAL JUDGMENT; WHEREAS, on January 22, 2020, after having approved the parties Collective Action Settlement Agreement, the Court dismissed this action without prejudice, requiring that the parties notify the Court when all steps necessary to effectuate the settlement were completed, so that the Court could enter an Order of Final Judgment dismissing the matter in its entirety with prejudice ECF No. #121 ; and WHEREAS, the parties state that all steps necessary to effectuate the settlement have been completed, NOW, THEREFORE, the Court enters this Order of Final Judgment dismissing this matter in its entirety with prejudice. Signed by Judge Sarah Evans Barker on 5/1/2020. (CKM)
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| Filing 127 STIPULATION and Proposed Order of Final Judgment, filed by Plaintiff DARIO SALAS. (McNerney, Christopher) |
| Filing 126 NOTICE of Filing of Claim Forms by DARIO SALAS (Attachments: #1 Claim Forms) (McNerney, Christopher) |
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Filing 125
ORDER - Now before the Court is Plaintiff Dario Salas's Motion for Authorization of Corrective Notice Dkt. #122 in which Plaintiff requests an order authorizing a corrective notice to a subset of eligible settlement collective members in this litigation brought pursuant to the Fair Labors Standard Act (FLSA), 29 U.S.C. 203 et seq. For the reasons set forth herein, Plaintiffs motion is denied. *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 4/6/2020. Copies Mailed. (CKM)
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| Filing 124 REPLY in Support of Motion re #122 Emergency MOTION for Authorization of Corrective Notice , filed by Plaintiff DARIO SALAS. (Swartz, Justin) |
| Filing 123 RESPONSE in Opposition re #122 Emergency MOTION for Authorization of Corrective Notice , filed by Defendants GENESCO, INC., HAT WORLD INC.. (DelGobbo, Bonnie) |
| Filing 122 Emergency MOTION for Authorization of Corrective Notice, filed by Plaintiff DARIO SALAS. (Attachments: #1 Exhibit A- Proposed Corrective Notice, #2 Text of Proposed Order)(Swartz, Justin) |
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Filing 121
ENTRY OF DISMISSAL - Having approved the parties' Collective Action Settlement Agreement, the Court hereby DISMISSES this action without prejudice. The parties shall notify the Court when all the steps necessary to fully effectuate the settlement have been completed. At that time, the Court will enter an Order of Final Judgment dismissing this matter in its entirety with prejudice. Copies via US Mail per distribution list. Signed by Judge Sarah Evans Barker on 1/22/2020.(NAD)
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Filing 120
ORDER - granting #113 Motion; The Court hereby GRANTS Plaintiffs Unopposed Renewed Motion for Approval of Settlement, Service Payments, and Attorneys Fees and Costs, Dkt. 113. Signed by Judge Sarah Evans Barker on 1/22/2020. *** SEE ORDER *** (CKM)
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Filing 119
ORDER granting #118 Motion to Withdraw Attorney Appearance. Attorney Juno E. Turner withdrawn.. Signed by Magistrate Judge Tim A. Baker on 5/13/2019. (SWM)
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| Filing 118 MOTION to Withdraw Attorney Appearance , filed by Plaintiff MELISSA CHEN. (Attachments: #1 [Proposed] Order)(Turner, Juno) |
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Filing 117
ORDER granting #116 Motion to Withdraw Attorney Appearance. Attorney Juno E. Turner withdrawn on behalf of Plaintiff DARIO SALAS. Signed by Magistrate Judge Tim A. Baker on 5/9/2019. (SWM)
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| Filing 116 MOTION to Withdraw Attorney Appearance , filed by Plaintiff DARIO SALAS. (Attachments: #1 [Proposed] Order)(Turner, Juno) |
| Filing 115 DECLARATION re #113 Motion (Other) by DARIO SALAS. (Attachments: #1 Exhibit 1 - Settlement Agreement, dated March 14, 2019, #2 Exhibit 2 - [Proposed] Order, #3 Exhibit 3 - Watson v. BMO Fin. Corp., No. 15 Civ. 11881 (N.D. Ill. July 11, 2016), #4 Exhibit 4 - Besic v. Byline Bank, Inc., No. 15 Civ. 8003 (N.D. Ill. Oct. 26, 2015), #5 Exhibit 5 - Declaration of Gregg I. Shavitz, #6 Exhibit 6 - Declaration of Scott D. Gilchrist, #7 Exhibit 7 - In re Guidant Corp. ERISA Litig., No. 05 Civ. 1009, slip op. (S.D. Ind. Sept. 10, 2010), #8 Exhibit 8 - O&G Costs Summary)(Swartz, Justin) |
| Filing 114 BRIEF/MEMORANDUM in Support re #113 MOTION Plaintiff's Unopposed Renewed Motion for Approval of Settlement, Service Payments, and Attorneys' Fees and Costs , filed by Plaintiff DARIO SALAS. (Swartz, Justin) |
| Filing 113 MOTION Plaintiff's Unopposed Renewed Motion for Approval of Settlement, Service Payments, and Attorneys' Fees and Costs, filed by Plaintiff DARIO SALAS. (Attachments: #1 [Proposed] Order)(Swartz, Justin) |
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Filing 112
ORDER - Plaintiffs' Motion for Approval of Settlement, Service Payments, and Attorneys' Fees and Costs, Dkt. #105 , is DENIED. Defendants' Motion for Leave to File Sur-reply Instanter, Dkt. #111 , is DENIED. *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 12/20/2018. (CKM)
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| Filing 111 MOTION for Leave to File Sur-Reply Instanter to Plaintiff's Motion for Approval of Settlement, Service Payments, and Attorneys' Fees and Costs, filed by Defendants GENESCO, INC., HAT WORLD INC.. (Attachments: #1 Exhibit A - Second Declaration of Joel Griswold)(Griswold, Joel) |
| Filing 110 DECLARATION of Justin M. Swartz re #109 Reply in Support of Motion by DARIO SALAS. (Attachments: #1 Exhibit 1 - Email from J. Griswold to J. Swartz, dated Aug. 23, 2018)(Swartz, Justin) |
| Filing 109 REPLY in Support of Motion re #105 MOTION Plaintiff's Motion for Approval of Settlement, Service Payments, and Attorneys' Fees and Costs , filed by Plaintiff DARIO SALAS. (Turner, Juno) |
| Filing 108 RESPONSE in Opposition re #105 MOTION Plaintiff's Motion for Approval of Settlement, Service Payments, and Attorneys' Fees and Costs , filed by Defendants GENESCO, INC., HAT WORLD INC.. (Attachments: #1 Exhibit A - J. Griswold Declaration, #2 Exhibit B - Proposed Order)(Griswold, Joel) |
| Filing 107 DECLARATION of Juno Turner re #105 Motion (Other) by DARIO SALAS. (Attachments: #1 Exhibit 1 - Settlement Term Sheet, dated August 27, 2018, #2 Exhibit 2 - Plaintiff's Proposed Notice of Settlement and Opportunity to Join form and Consent to Join Settlement, Claim Form, and Release, #3 Exhibit 3 - Plaintiff's Proposed Order Granting Plaintiff's Motion for Approval of Collective Action Settlement, Service Payments, and Attorneys' Fees and Costs, #4 Exhibit 4 - Watson v. BMO Fin. Corp., No. 15 Civ. 11881 (N.D. Ill. July 11, 2016), #5 Exhibit 5 -Besic v. Byline Bank, Inc., No. 15 Civ. 8003 (N.D. Ill. Oct. 26, 2015), #6 Exhibit 6 - Declaration of Gregg I. Shavitz, dated October 23, 2018, #7 Exhibit 7 - Declaration of Scott D. Gilchrist, dated October 23, 2018, #8 Exhibit 8 - In re Guidant Corp. ERISA Litig., No. 05 Civ. 1009, slip op. (S.D. Ind. Sept. 10, 2010), #9 Exhibit 9 - O&G Summary of Costs)(Turner, Juno) |
| Filing 106 BRIEF/MEMORANDUM in Support re #105 MOTION Plaintiff's Motion for Approval of Settlement, Service Payments, and Attorneys' Fees and Costs , filed by Plaintiff DARIO SALAS. (Turner, Juno) |
| Filing 105 MOTION Plaintiff's Motion for Approval of Settlement, Service Payments, and Attorneys' Fees and Costs, filed by Plaintiff DARIO SALAS. (Turner, Juno) |
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Filing 104
ORDER granting Parties' #103 Second Motion for Extension of Time to File Motion for Settlement Approval to 10/23/2018. Signed by Magistrate Judge Tim A. Baker on 10/9/2018. (SWM)
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| Filing 103 Second MOTION for Extension of Time to October 23, 2018 to extend deadline to file motion for settlement approval - JOINT MOTION, filed by Defendants GENESCO, INC., HAT WORLD INC.. (Attachments: #1 Text of Proposed Order granting motion)(DelGobbo, Bonnie) Modified on 10/9/2018 (CKM). |
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Filing 102
ORDER granting Defendants' #101 Joint Motion to File Motion for Settlement Approval to 10/9/2018. Signed by Magistrate Judge Tim A. Baker on 9/25/2018. (SWM)
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| Filing 101 Joint MOTION for Extension of Time to to file motion for settlement approval , filed by Defendants GENESCO, INC., HAT WORLD INC.. (Attachments: #1 Text of Proposed Order)(DelGobbo, Bonnie) |
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Filing 100
ORDER: The Court has been advised by counsel that a settlement has been reached in this matter. Accordingly, any pending motions are denied, without prejudice, as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. Parties shall file a motion for approval of class settlement within 28 days. Signed by Magistrate Judge Tim A. Baker on 8/28/2018. (SWM)
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Filing 99
ORDER Confirming Settlement Conference: Comes now the Court, sua sponte, and CONFIRMS the date and time of the SETTLEMENT CONFERENCE set in this matter for AUGUST 29, 2018, at 9 a.m. (Eastern Time). This conference will take place before the Honorable William E. Duffin, United States Magistrate Judge, in Room 316 of the Birch Bayh Federal Building/U.S. Courthouse in Indianapolis, Indiana. Parties are to submit their Confidential Settlement Statements to Magistrate Judge Tim A. Baker as ordered in the Order setting the Settlement Conference. Any concerns about the conference should be addressed to Magistrate Judge Baker's chambers. Signed by Magistrate Judge Tim A. Baker on 8/21/2018.(SWM)
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Filing 98
ORDER Referring Case for Settlement Conference ONLY. Pursuant to the Order dated May 17, 2018, by Chief Judge Magnus- Stinson, this case is referred to Magistrate Judge William E. Duffin, as permitted by 28 U.S.C. 636, subsections (a),(b), and (c), for the purpose of holding a Settlement Conference. This assignment does not affect the designation of Magistrate Judge Tim A. Baker as the presiding Magistrate Judge for all other purposes in this case, nor does it affect the Clerk's record of the case assignment. Any concerns about the conference schedule should be addressed to Magistrate Judge Baker's chambers. Signed by Magistrate Judge Tim A. Baker on 8/21/2018.(SWM)
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Filing 97
ORDER: IT IS ORDERED, with the concurrence of the Honorable William C. Griesbach, Chief Judge for the Eastern District of Wisconsin, that United States Magistrate Judge William E. Duffin is authorized to hold court and perform other judicial duties under 28 U.S.C. 636, subsections (a), (b), and (c), on an as-needed basis in the Southern District of Indiana, through June 1, 2019. Signed by Judge Jane Magnus-Stinson on 8/21/2018.(SWM)
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Filing 96
ORDER granting Defendant's #94 Motion for Extension of Time to File Response to 9/7/2018 re #84 MOTION PLAINTIFF'S MOTION FOR COURT- AUTHORIZED NOTICE PURSUANT TO SECTION 216(b) OF THE FAIR LABOR STANDARDS ACT. Signed by Magistrate Judge Tim A. Baker on 8/17/2018. (SWM)
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| Filing 95 RESPONSE in Opposition re #94 Emergency MOTION for Extension of Time to File Response to September 7, 2018 re #84 MOTION PLAINTIFF'S MOTION FOR COURT-AUTHORIZED NOTICE PURSUANT TO SECTION 216(b) OF THE FAIR LABOR STANDARDS ACT , filed by Plaintiff DARIO SALAS. (Attachments: #1 Text of Proposed Order)(Turner, Juno) |
| Filing 94 Emergency MOTION for Extension of Time to File Response to September 7, 2018 re #84 MOTION PLAINTIFF'S MOTION FOR COURT-AUTHORIZED NOTICE PURSUANT TO SECTION 216(b) OF THE FAIR LABOR STANDARDS ACT , filed by Defendants GENESCO, INC., HAT WORLD INC.. (Attachments: #1 Text of Proposed Order)(Griswold, Joel) |
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Filing 93
AGREED PROTECTIVE ORDER #91 APPROVED. Signed by Magistrate Judge Tim A. Baker on 8/14/2018.(SWM)
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Filing 92
ORDER ON DISCOVERY DISPUTE: Parties appeared by counsel for a status conference on August 3, 2018. At issue were Defendants' requests for depositions of seven plaintiffs, as well as written discovery. Plaintiffs and Defendants submitted brief letters outlining their positions and the Court heard argument. See Order for details. The settlement conference scheduled for 9:00 a.m. August 29, 2018, remains set as scheduled. Signed by Magistrate Judge Tim A. Baker on 8/9/2018.(SWM)
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| Filing 91 MOTION for Protective Order (Agreed), filed by Defendants GENESCO, INC., HAT WORLD INC.. (Attachments: #1 Exhibit A - Proposed Agreed Protective Order)(DelGobbo, Bonnie) Modified on 8/9/2018 (CKM). |
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Filing 90
ORDER granting #89 Motion to Appear pro hac vice. Attorney Michael C. Danna for MELISSA CHEN and DARIO SALAS added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Michael C. Danna via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/31/2018. (SWM)
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| Filing 89 MOTION for Attorney(s) Michael C. Danna to Appear pro hac vice (Filing fee $100.00, receipt number IP061411), filed by Plaintiff's SALAS , CHEN (Attachments: #1 Text of Proposed Order, #2 Envelope) (CKM) Modified on 7/31/2018 (CKM). Modified on 7/31/2018 (CKM). |
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Filing 87
SCHEDULING ORDER: Status Conference set for 8/3/2018 01:00 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address a discovery dispute. Signed by Magistrate Judge Tim A. Baker on 7/26/2018.(SWM)
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| Filing 86 DECLARATION of Juno Turner In Support of Plaintiff's Motion for Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act re #84 Motion (Other) by DARIO SALAS. (Attachments: #1 Exhibit 1 - U.S. SEC Form 10-k for Genesco Inc. (2017), #2 Exhibit 2 - Lids Store Manager Template Job Description, #3 Exhibit 3 - Decl. of D. Salas, #4 Exhibit 4 - Decl. of M. Chen, #5 Exhibit 5 - Decl. of R. Young, #6 Exhibit 6 - Decl. of J. Stephens, #7 Exhibit 7 - Decl. of Z. Thompson, #8 Exhibit 8 - Decl. of E. Holliday, #9 Exhibit 9 - Lids Associate Scheduling Procedures, #10 Exhibit 10 - Decl. of C. Baird dated May 1, 2017, #11 Exhibit 11 - Decl. of C. Baird dated Jan. 18, 2018, #12 Exhibit 12 - Lids Store Manager Job Postings, #13 Exhibit 13 - Answer, filed in Shumate v. Genesco Inc., #14 Exhibit 14 - Lids General Manager Job Posting, #15 Exhibit 15 - Proposed Notice and Consent to Join Form, #16 Exhibit 16 - Proposed Reminder Notice)(Turner, Juno) |
| Filing 85 BRIEF/MEMORANDUM in Support re #84 MOTION PLAINTIFF'S MOTION FOR COURT-AUTHORIZED NOTICE PURSUANT TO SECTION 216(b) OF THE FAIR LABOR STANDARDS ACT , filed by Plaintiff DARIO SALAS. (Turner, Juno) |
| Filing 84 MOTION PLAINTIFF'S MOTION FOR COURT-AUTHORIZED NOTICE PURSUANT TO SECTION 216(b) OF THE FAIR LABOR STANDARDS ACT, filed by Plaintiffs MELISSA CHEN, DARIO SALAS. (Turner, Juno) |
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Filing 83
ORDER - denying #72 Motion to Stay; We DENY Defendants' Motion to Stay. The parties shall proceed with discovery as set forth in the parties' Case Management Plan and the Court's prior orders. The parties should structure their discovery in a manner best designed to facilitate the upcoming settlement discussions. Signed by Judge Sarah Evans Barker on 6/11/2018. (CKM)
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Filing 82
ORDER - granting in part and denying in part #22 Motion to Dismiss and Compel Arbitration; Accordingly, we grant Defendants' motion in part, compelling arbitration as to Plaintiff Chen's claims, but staying those claims pending completion of arbitration rather than dismissing them at this time. Signed by Judge Sarah Evans Barker on 6/11/2018. (CKM)
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Filing 81
ORDER granting #78 Motion to Appear pro hac vice. Attorney Christopher McNerney for MELISSA CHEN and DARIO SALAS added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Christopher McNerney via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/5/2018. (SWM)
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| Filing 80 Exhibit List - Preliminary, filed by Defendants GENESCO, INC., HAT WORLD INC.. (DelGobbo, Bonnie) |
| Filing 79 Witness List - Preliminary, filed by Defendants GENESCO, INC., HAT WORLD INC.. (DelGobbo, Bonnie) |
| Filing 78 MOTION for Attorney(s) Christopher McNerney to Appear pro hac vice (Filing fee $100.00, receipt number IP060666), filed by Plaintiffs MELISSA CHEN, DARIO SALAS. c/s (Attachments: #1 Text of Proposed Order, #2 Envelope) (CKM) |
| Filing 77 Witness List Preliminary, filed by Plaintiffs MELISSA CHEN, DARIO SALAS. (Turner, Juno) |
| Filing 76 Exhibit List Preliminary, filed by Plaintiffs MELISSA CHEN, DARIO SALAS. (Turner, Juno) |
| Filing 75 REPLY in Support of Motion re #72 Amended MOTION to Stay Case Pending Settlement Conference , filed by Defendants GENESCO, INC., HAT WORLD INC.. (DelGobbo, Bonnie) |
| Filing 74 RESPONSE Plaintiffs' Response to Defendants' Notice of Supreme Court Decision Issued May 21, 2018, re #70 Notice (Other), filed by Plaintiffs MELISSA CHEN, DARIO SALAS. (Turner, Juno) |
| Filing 73 RESPONSE in Opposition re #72 Amended MOTION to Stay Case Pending Settlement Conference , filed by Plaintiffs MELISSA CHEN, DARIO SALAS. (Swartz, Justin) |
| Filing 72 Amended MOTION to Stay Case Pending Settlement Conference, filed by Defendants GENESCO, INC., HAT WORLD INC.. (DelGobbo, Bonnie) |
| Filing 71 ***WITHDRAWN PER DKT. 72*** MOTION to Stay Case Pending Settlement Conference, filed by Defendants GENESCO, INC., HAT WORLD INC.. (DelGobbo, Bonnie) Modified on 5/23/2018 (LDH). |
| Filing 70 NOTICE of Supreme Court Decision Issued May 21, 2018, filed by Defendants GENESCO, INC., HAT WORLD INC. (Attachments: #1 Exhibit A - SCOTUS Decision - Epic Systems v Lewis) (DelGobbo, Bonnie) |
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Filing 69
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 5/7/2018, for an Initial Pretrial Conference. Dispositive Motions due by 1/14/2019. Discovery due by 11/1/2018. Signed by Magistrate Judge Tim A. Baker on 5/17/2018.(SWM)
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Filing 68
SCHEDULING ORDER: Settlement Conference set for 8/29/2018 09:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Three business days before the scheduled conference, the parties shall submit (not file) to the Magistrate Judge a confidential settlement statement. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 5/17/2018.(SWM) Modified on 5/20/2018 (MGG). (Main Document 68 replaced on 5/20/2018) (MGG).
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Filing 67
ORDER granting #64 Motion to Appear pro hac vice. Attorney Gregg Shavitz for MELISSA CHEN and DARIO SALAS added. Signed by Magistrate Judge Tim A. Baker on 5/11/2018. (SWM)
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Filing 66
ORDER granting Camar R. Jones' #63 Motion to Appear pro hac vice on behalf of MELISSA CHEN and DARIO SALAS. Signed by Magistrate Judge Tim A. Baker on 5/11/2018. (SWM)
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| Filing 65 SUBMISSION of Proposed Order re Motions for Pro Hace #63 and #64 by MELISSA CHEN, DARIO SALAS (Attachments: #1 Text of Proposed Order) (Jones, Camar) Modified on 5/10/2018 (CKM). Modified on 5/10/2018 (CKM). |
| Filing 64 MOTION for Attorney(s) Gregg I. Shavitz to Appear pro hac vice (Filing fee $100, receipt number 0756-4874192), filed by Plaintiffs MELISSA CHEN, DARIO SALAS. (Attachments: #1 Text of Proposed Order)(Shavitz, Gregg) |
| Filing 63 MOTION for Attorney(s) Camar R. Jones to Appear pro hac vice (Filing fee $100, receipt number 0756-4873974), filed by Plaintiffs MELISSA CHEN, DARIO SALAS. (Attachments: #1 Text of Proposed Order)(Jones, Camar) |
| Filing 62 PROPOSED CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs MELISSA CHEN, DARIO SALAS . (Turner, Juno) |
| Filing 61 NOTICE of Appearance by Richard E. Shevitz on behalf of Plaintiffs MELISSA CHEN, DARIO SALAS. (Shevitz, Richard) |
| Filing 60 NOTICE of Appearance by Scott D. Gilchrist on behalf of Plaintiffs MELISSA CHEN, DARIO SALAS. (Gilchrist, Scott) |
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Filing 59
SCHEDULING ORDER: Initial Pretrial Conference set for 5/7/2018 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229- 3660. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 4/11/2018.(SWM)
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| Filing 58 MARGINAL ENTRY Acknowledging, re #57 Notice of Withdrawal of Appearance, Attorney Paul William Mollica terminated. Signed by Judge Sarah Evans Barker on 4/4/2018.(MAC) |
| Filing 57 NOTICE of Withdrawal of Appearance by Paul William Mollica on behalf of MELISSA CHEN, DARIO SALAS (Turner, Juno) |
| Filing 56 Statement Plaintiffs' Position Statement Following Transfer by MELISSA CHEN, DARIO SALAS. (Turner, Juno) |
| Filing 55 Statement Position Statement Following Transfer by All Defendants. (DelGobbo, Bonnie) |
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Filing 54
ORDER granting Justin M. Swartz's #52 Motion to Appear pro hac vice on behalf of MELISSA CHEN and DARIO SALAS. Copies via US Mail. Signed by Magistrate Judge Tim A. Baker on 3/28/2018. (SWM)
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Filing 53
ORDER granting Juno Turner's #51 Motion to Appear pro hac vice on behalf of MELISSA CHEN and DARIO SALAS. Copies via US Mail. Signed by Magistrate Judge Tim A. Baker on 3/28/2018. (SWM)
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| Filing 52 MOTION for Attorney(s) Justin Swartz to Appear pro hac vice (Filing fee $100.00, receipt number IP059715), filed by Plaintiffs MELISSA CHEN, DARIO SALAS. (Attachments: #1 Text of Proposed Order, #2 Envelope) (CKM) |
| Filing 51 MOTION for Attorney(s) Juno Turner to Appear pro hac vice (Filing fee $100.00, receipt number IP059714), filed by Plaintiffs MELISSA CHEN, DARIO SALAS. c/s (Attachments: #1 Text of Proposed Order, #2 Envelope) (CKM) |
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Filing 50
ORDER granting #49 Motion. The Court's order of 3/12/18 instructed the parties to refile any motion that was pending at the time the case was transferred. Defendants have responded by identifying a prior filing they believe is ripe for ruling. Therefore, Defendants' motion to dismiss and compel arbitration [Filing No. #22 ] is deemed pending before this Court. (Marginal Notation). Signed by Magistrate Judge Tim A. Baker on 3/16/2018. (MAC)
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| Filing 49 MOTION for Decision on Pending Motion Following Transfer, filed by Defendants GENESCO, INC., HAT WORLD INC.. (DelGobbo, Bonnie) |
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Filing 48
ORDER: This matter was transferred from the Northern District of Illinois on March 7, 2018. Unless already registered, within 7 days counsel of record shall register as an electronic filer with this Court's Electronic Case Filing System as required by Local Rule 5-3. Counsel shall also comply with Local Rule 83-7(b) if applicable (requiring attorney not admitted to practice before this Court to comply with Local Rule 83.5 or withdraw their appearance within 21 days of a case being transferred). Additionally, any motions that were pending at the time of transfer that the parties would like this Court to address shall be refiled in this matter no later than March 19, 2018. Copies via US Mail. Signed by Magistrate Judge Tim A. Baker on 3/12/2018.(SWM)
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| Filing 47 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 46 Case transferred in from District of Illinois Northern; Case Number 1:17-cv-03767. Original file copy of transfer order and docket sheet received. |
| Filing 45 TRANSFERRED to the Southern District of Indiana the electronic record. (tt, ) [Transferred from Illinois Northern on 3/7/2018.] |
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Filing 44
ORDER: Defendant' Motion to Transfer Venue to the Southern District of Indiana [ECF No. #26 ] is granted. Defendants' Motion to Compel Arbitration or, in the alternative, to Stay Proceedings Pending the Supreme Courts decision in NLRB v. Murphy Oil USA, Inc. (U.S. No. 16-307), may be considered by the transferee court. [ECF No. #22 ]. Signed by the Honorable Harry D. Leinenweber on 3/7/2018. Mailed notice (tt, ) [Transferred from Illinois Northern on 3/7/2018.]
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Filing 43
ORDER: For the reasons stated in the attached memorandum opinion and order, Defendants' Motion to Transfer Venue to the Southern District of Indiana is granted [ECF No. #26 ]. The clerk is directed to transfer this case forthwith. Defendants' Motion to Compel Arbitration or, in the alternative,to Stay Proceedings Pending the Supreme Court's decision in NLRB v. Murphy Oil USA, Inc.(U.S. No. 16-307), may be considered by the transferee court. (ECF No. #22 .) The status hearing and ruling date now set for 3/13/18 is vacated. Signed by the Honorable Joan H. Lefkow on 3/7/2018. Mailed notice (tt, ) [Transferred from Illinois Northern on 3/7/2018.]
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| Filing 42 NOTICE by Melissa Chen, Dario Salas of Withdrawal of Attorney Elizabeth V. Stork (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 41 REPLY by Genesco, Inc., Hat World, Inc. to memorandum in opposition to motion #38 (DelGobbo, Bonnie) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 40 REPLY by Genesco, Inc., Hat World, Inc. to memorandum in opposition to motion, #37 (DelGobbo, Bonnie) [Transferred from Illinois Northern on 3/7/2018.] |
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Filing 39
ORDER: Motion for leave to appear pro hac vice is granted #36 . Signed by the Honorable Harry D. Leinenweber on 2/7/2018. Mailed notice (tt, ) [Transferred from Illinois Northern on 3/7/2018.]
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| Filing 38 MEMORANDUM by Melissa Chen, Dario Salas in Opposition to motion to change venue #26 to the Southern District of Indiana (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 37 MEMORANDUM by Melissa Chen, Dario Salas in Opposition to motion to dismiss #22 and Compel Arbitration of Plaintiff Melissa Chen's Claims, or Alternatively to Stay Pending Supreme Court decision (Attachments: #1 Exhibit A)(Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-13985167. (Stork, Elizabeth) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 35 MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing held on 12/13/2017. Briefing schedule set on defendants' motion to dismiss and compel and defendants' motion to transfer: responses to be filed by 1/12/2018. Reply briefs to be filed by 2/9/2018. The court will rule orally on 3/13/2018 at 9:00 a.m. Mailed notice (wp, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 34 MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing and defendants' motions are reset by the court for 12/13/2017 at 09:00 AM.Mailed notice (wp, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 33 MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing and defendants' motions are reset to be heard on 12/7/2017 at 09:00 AM.Mailed notice (wp, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 32 MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing and defendants' motions now set for 9/26/2017 are reset to 10/24/2017 at 09:00 AM.Mailed notice (wp, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 31 MINUTE entry before the Honorable Harry D. Leinenweber:Juno Turner's Application to appear pro hac vice #30 is granted.Mailed notice (wp, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 30 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13585977. (Turner, Juno) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 29 MINUTE entry before the Honorable Harry D. Leinenweber:The following motions set for 9/21/2017 are reset by the court for 9/26/2017 at 9:00 a.m.: Defendants' Motion to Dismiss and Compel Arbitration and Defendants Motion to Transfer Mailed notice (wp, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 28 NOTICE of Motion by Joel Griswold for presentment of motion to change venue #26 before Honorable Harry D. Leinenweber on 9/21/2017 at 09:30 AM. (Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 27 MEMORANDUM by Genesco, Inc., Hat World, Inc. d/b/a LIDS in support of motion to change venue #26 (Attachments: #1 Exhibit A)(Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 26 MOTION by Defendants Genesco, Inc., Hat World, Inc. d/b/a LIDS to change venue (Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 25 Defendants' ANSWER to Complaint and Affirmative and Other Defenses by Genesco, Inc., Hat World, Inc. d/b/a LIDS(Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 24 NOTICE of Motion by Joel Griswold for presentment of motion to dismiss #22 before Honorable Harry D. Leinenweber on 9/21/2017 at 09:30 AM. (Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 23 MEMORANDUM by Genesco, Inc., Hat World, Inc. d/b/a LIDS in support of motion to dismiss #22 (Attachments: #1 Exhibit A)(Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 22 MOTION by Defendants Hat World, Inc. d/b/a LIDS, Genesco, Inc. to dismiss and compel arbitration of Plaintiff Melissa Chen's Claims, or Alternatively to Stay Pending Supreme Court Decision (Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 21 MINUTE entry before the Honorable Harry D. Leinenweber:The Agreed Motion for extension of time to 9/13/2017 in which to answer complaint #17 is granted.Mailed notice (wp, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Defendants (DelGobbo, Bonnie) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 19 ATTORNEY Appearance for Defendants Genesco, Inc., Hat World, Inc. d/b/a LIDS by Bonnie Keane DelGobbo (DelGobbo, Bonnie) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 18 NOTICE of Motion by Joel Griswold for presentment of motion for extension of time to file answer #17 before Honorable Harry D. Leinenweber on 8/23/2017 at 09:30 AM. (Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 17 MOTION by Defendants Genesco, Inc., Hat World, Inc. d/b/a LIDS for extension of time to file answer regarding complaint #1 (Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 16 ATTORNEY Appearance for Defendants Genesco, Inc., Hat World, Inc. d/b/a LIDS by Joel Griswold (Griswold, Joel) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 15 SUMMONS Returned Executed by Melissa Chen, Dario Salas as to Hat World, Inc. d/b/a LIDS on 8/2/2017, answer due 8/23/2017. (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 14 SUMMONS Returned Executed by Melissa Chen, Dario Salas as to Genesco, Inc. on 8/2/2017, answer due 8/23/2017. (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 13 MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing reset for 9/26/2017 at 09:00 AM.Mailed notice (wp, ) [Transferred from Illinois Northern on 3/7/2018.] |
| SUMMONS Issued as to Defendants Genesco, Inc., Hat World, Inc. d/b/a LIDS (pg, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 12 MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing set for 8/9/2017 at 09:00 AM.Mailed notice (wp, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 11 Consent to Be Party Plaintiff by Melissa Chen, Dario Salas (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 10 Consent to Be Party Plaintiff by Melissa Chen, Dario Salas (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 9 Consent to Be Party Plaintiff by Melissa Chen, Dario Salas (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 8 Consent to Be Party Plaintiff by Melissa Chen, Dario Salas (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 7 Consent to Be Party Plaintiff by Melissa Chen, Dario Salas (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 6 Consent to Be Party Plaintiff by Melissa Chen, Dario Salas (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 5 Consent to Be Party Plaintiff by Melissa Chen, Dario Salas (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (rc, ) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 4 ATTORNEY Appearance for Plaintiffs Melissa Chen, Dario Salas by Paul William Mollica (Mollica, Paul) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 3 ATTORNEY Appearance for Plaintiffs Melissa Chen, Dario Salas by Justin Mitchell Swartz (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 2 CIVIL Cover Sheet (Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
| Filing 1 COMPLAINT filed by Melissa Chen, Dario Salas; Jury Demand. Filing fee $ 400, receipt number 0752-13195689. (Attachments: #1 Exhibit A, #2 Exhibit B)(Swartz, Justin) [Transferred from Illinois Northern on 3/7/2018.] |
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