PALOMAR v. SMC CORPORATION OF AMERICA
| ALBERT PALOMAR, DANTE HUTTON, TAYLOR KIRBY and FOSTER MITCHELL |
| SMC CORPORATION OF AMERICA |
| 1:2019cv04693 |
| November 26, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Richard L Young |
| Labor: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on January 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 27 RESPONSE in Opposition re #21 MOTION TO CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216(b) , filed by Defendant SMC CORPORATION OF AMERICA. (Guevara, Gregory) |
Filing 26
ORDER granting in part and denying in part Defendant's #23 Motion for Extension of Time to File Response re #21 MOTION TO CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216(b). On or before January 23, 2020, Defendant shall file a response to Plaintiffs' Motion to Conditionally Certify a Collective Action. No further enlargement of this deadline will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 1/16/2020. (SWM)
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| Filing 25 REPLY in Support of Motion re #23 First MOTION for Extension of Time to File Response to 2/3/2020 re #21 MOTION TO CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216(b) , filed by Defendant SMC CORPORATION OF AMERICA. (Guevara, Gregory) |
| Filing 24 RESPONSE in Opposition re #23 First MOTION for Extension of Time to File Response to 2/3/2020 re #21 MOTION TO CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216(b) , filed by Plaintiffs DANTE HUTTON, TAYLOR KIRBY, FOSTER MITCHELL. (Attachments: #1 Exhibit A - SMC Corporation of America Complaint against Albert Palomar)(Hunt, Robert) |
| Filing 23 First MOTION for Extension of Time to File Response to 2/3/2020 re #21 MOTION TO CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216(b) , filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order)(Guevara, Gregory) |
| Filing 22 BRIEF/MEMORANDUM in Support re #21 MOTION TO CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216(b) , filed by Plaintiffs DANTE HUTTON, TAYLOR KIRBY, FOSTER MITCHELL. (Attachments: #1 Exhibit A - Declaration of Taylor Kirby, #2 Exhibit B - Declaration of Dante Hutton, #3 Exhibit C - Declaration of Foster Mitchell, #4 Exhibit D - Declaration of Albert Palomar, #5 Exhibit E - Proposed Notice of Collective Action Lawsuit, #6 Exhibit F - Proposed Consent Form)(Hunt, Robert) |
| Filing 21 MOTION TO CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216(b), filed by Plaintiffs DANTE HUTTON, TAYLOR KIRBY, FOSTER MITCHELL. (Attachments: #1 Text of Proposed Order)(Hunt, Robert) |
| Filing 20 NOTICE of Filing Consent to Become Party Plaintiff Forms (Third) by DANTE HUTTON, TAYLOR KIRBY, FOSTER MITCHELL (Attachments: #1 Exhibit 4 - Consent of Matthew Bradburn) (Hunt, Robert) |
| Filing 19 NOTICE of Filing Consent to Become Party Plaintiff Forms (Second) by All Plaintiffs (Attachments: #1 Exhibit 3 - Consent of Taylor Kirby) (Hunt, Robert) |
| Filing 18 NOTICE of Filing Consent to Become Party Plaintiff Forms (First) by All Plaintiffs (Attachments: #1 Exhibit 1 -Consent of Foster Mitchell, #2 Exhibit 2 - Consent of Dante Hutton) (Hunt, Robert) |
| Filing 17 CERTIFICATE OF SERVICE by All Plaintiffs re #16 Amended Complaint (Hunt, Robert) |
| Filing 16 AMENDED COMPLAINT (Amended Class and Collective Action Complaint for Damages and Injunctive Relief) against SMC CORPORATION OF AMERICA, filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SMC Corporation of America Training Agreement, #2 Exhibit 2 - Letter to Plaintiff Albert Palomar, #3 Exhibit 3 - Letter to Plaintiff Taylor Kirby, #4 Exhibit 4 - Letter to Plaintiff Dante Hutton, #5 Exhibit 5 - Letter to Plaintiff Foster Mitchell)(Hunt, Robert) |
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Filing 15
SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 2/7/2020 at 12:30 PM (Eastern) before Magistrate Judge Mark J. Dinsmore. The parties shall file a proposed CMP no fewer than seven days before the pretrial conference. Signed by Magistrate Judge Mark J. Dinsmore on 12/18/2019.(CBU)
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| Filing 14 NOTICE of Parties' First Extension of Time, filed by Defendant SMC CORPORATION OF AMERICA. (Guevara, Gregory) |
| Filing 13 Corporate Disclosure Statement by SMC CORPORATION OF AMERICA identifying Corporate Parent SMC CORPORATION for SMC CORPORATION OF AMERICA.. (Guevara, Gregory) |
| Filing 12 NOTICE of Appearance by Gregory W. Guevara on behalf of Defendant SMC CORPORATION OF AMERICA. (Guevara, Gregory) |
| Filing 11 NOTICE of Appearance by Philip R. Zimmerly on behalf of Defendant SMC CORPORATION OF AMERICA. (Zimmerly, Philip) |
| Filing 10 NOTICE of Appearance by David L. Swider on behalf of Defendant SMC CORPORATION OF AMERICA. (Swider, David) |
| Filing 9 RETURN of Personal Service, filed by ALBERT PALOMAR. SMC CORPORATION OF AMERICA served on 12/16/2019. (Hunt, Robert) |
| Filing 8 ALIAS Summons Issued as to SMC CORPORATION OF AMERICA. (JRB) |
| Filing 7 Proposed Summons submitted for issuance by the clerk as to SMC CORPORATION OF AMERICA. (Hunt, Robert) |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 5 Summons Issued as to SMC CORPORATION OF AMERICA. (JRB) |
| Filing 4 NOTICE of Appearance by Robert Peter Kondras, Jr on behalf of Plaintiff ALBERT PALOMAR. (Kondras, Robert) |
| Filing 3 NOTICE of Appearance by Robert F. Hunt on behalf of Plaintiff ALBERT PALOMAR. (Hunt, Robert) |
| Filing 2 NOTICE of Appearance by Robert J. Hunt on behalf of Plaintiff ALBERT PALOMAR. (Hunt, Robert) |
| Filing 1 COMPLAINT against SMC CORPORATION OF AMERICA, filed by ALBERT PALOMAR. (Filing fee $400, receipt number 0756-5740883) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Hunt, Robert) |
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