DOWNING v. SMC CORPORATION OF AMERICA
Plaintiff: KAREN W DOWNING
Defendant: SMC CORPORATION OF AMERICA
Case Number: 1:2020cv01954
Filed: July 24, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: James Patrick Hanlon
Referring Judge: M Kendra Klump
2 Judge: Doris L Pryor
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 24, 2023 Filing 187 Joint MOTION for Approval of Collective Action Settlement and For Dismissal of Action with Prejudice, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Collective Action Members' Releases, #3 Text of Proposed Order)(Blevins, Sandra)
March 31, 2023 Opinion or Order Filing 186 ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within thirty days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Signed by Magistrate Judge M. Kendra Klump on 3/31/2023.(SWM)
March 29, 2023 Filing 185 ENTRY VACATING Telephonic Status Conference on 3/30/2023. Parties notified the Court that a resolution to a disputed settlement agreement has been reached. ***TEXT ONLY ENTRY***. Signed by Magistrate Judge M. Kendra Klump on 3/29/2023.(BAS)
March 29, 2023 Opinion or Order Filing 183 SCHEDULING ORDER: Telephonic Status Conference set for 3/30/2023 02:30 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. The purpose of this conference is to discuss terms of the settlement agreement. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge M. Kendra Klump on 3/29/2023.(SWM)
March 23, 2023 Opinion or Order Filing 182 MINUTE ORDER for Settlement Conference held before Magistrate Judge M. Kendra Klump on 3/23/2023. The parties reached an agreement in principle. The parties will email an executed settlement agreement to chambers by 4;30 p.m. on 3/28/2023. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
March 14, 2023 Opinion or Order Filing 181 ORDER - The Court GRANTS IN PART and DENIES IN PART Defendant's Motion for Attorney Fees, Dkt. [ #139 ], and Defendant's Motion to Supplement Request for Attorney Fees, Dkt. #161 ]. Attorney fees in the amount of $10,679.60 are awarded to Defendant's counsel and shall be paid within fourteen (14) days of the date of this Order. See Order for additional information. Signed by Magistrate Judge M. Kendra Klump on 3/14/2023. (SWM)
March 6, 2023 Filing 180 Surreply re #161 MOTION to Supplement Request for Attorney Fees, #139 MOTION for Attorney Fees , filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
March 2, 2023 Opinion or Order Filing 179 ORDER - On February 23, 2023, Plaintiff filed a combined response (Dkt. 175) to the Defendant's Motion for Attorney Fees (Dkt. 139) and Supplemental Motion for Attorney Fees. (Dkt. 161). On March 2, 2023, Defendant filed a reply in support of both motions. (Dkt. 177). In this reply, Defendant claims that Plaintiff's response to the initial motion for fees was untimely and, thus, any arguments related to that initial motion should be disregarded by the Court. On only this limited issue of timeliness, the Court now requires Plaintiff to file a sur-reply on or before March 6, 2023 at 12:00 p.m. (Eastern). Signed by Magistrate Judge M. Kendra Klump on 3/2/2023.(SWM)
March 2, 2023 Filing 178 REPLY in Support of Motion re #162 MOTION for Leave to File Motion for Summary Judgment , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
March 2, 2023 Filing 177 REPLY in Support of Motion re #161 MOTION to Supplement Request for Attorney Fees , filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit 1 - 2/25/22 Plaintiff Email to Judge Pryor, #2 Exhibit 2 - 2/28/22 Defendant Discovery Response Letter)(Swider, David)
February 23, 2023 Filing 176 RESPONSE in Opposition re #162 MOTION for Leave to File Motion for Summary Judgment , filed by Plaintiff KAREN W DOWNING. (Blevins, Sandra)
February 23, 2023 Filing 175 RESPONSE in Opposition re #161 MOTION to Supplement Request for Attorney Fees , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit A - Spreadsheet of SMC's Fees on Motion to Compel, #2 Exhibit B - Spreadsheet of SMC's Fees on Motion for Fees, #3 Exhibit C - Spreadsheet of SMC's Fees on Objection to Order of Magistrate Judge)(Blevins, Sandra)
February 16, 2023 Opinion or Order Filing 174 ORDER granting Plaintiff's #172 Second Unopposed Motion for Extension of Time to File Response to 2/23/23 re #161 Motion to Supplement Request for Attorney Fees. Signed by Magistrate Judge M. Kendra Klump on 2/16/2023. (SWM)
February 16, 2023 Opinion or Order Filing 173 ORDER granting Plaintiff's #171 Second Motion for Extension of Time to File Response to 2/23/23 re #162 Motion for Leave to File Motion for Summary Judgment. Signed by Magistrate Judge M. Kendra Klump on 2/16/2023. (SWM)
February 15, 2023 Filing 172 Unopposed MOTION for Extension of Time to File Response to 2/23/23 re #161 MOTION to Supplement Request for Attorney Fees (Second), filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion)(Maddox, Jamie)
February 15, 2023 Filing 171 Unopposed MOTION for Extension of Time to File Response to 2/23/23 re #162 MOTION for Leave to File Motion for Summary Judgment (Second), filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion)(Maddox, Jamie)
February 2, 2023 Opinion or Order Filing 170 ORDER granting IN PART Plaintiff's #165 Motion for Extension of Time to File Response to 02/23/2023 re #162 Motion for Leave to File Motion for Summary Judgment - IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the deadline for Ms. Downing to file a response to Defendant's Motion for Leave to File Motion for Summary Judgment on Opt-In Plaintiffs' Undisputedly Time-Barred Claims, shall be, and hereby is, extended to and including February 16, 2023. Signed by Magistrate Judge M. Kendra Klump on 2/2/2023. (SWM)
February 2, 2023 Opinion or Order Filing 169 MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 1/31/2023. Settlement Conference set for 3/23/2023 09:00 AM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
January 27, 2023 Opinion or Order Filing 168 ORDER granting IN PART Plaintiff's #166 Motion for Extension of Time to File Response re #161 Motion to Supplement Request for Attorney Fees - IT IS THEREFORE ORDERED that the deadline for Ms. Downing to file a response to Defendant's Motion to Supplement Request for Attorney Fees, shall be, and hereby is, extended twenty-one (21) days, from January 26, 2023, to and including February 16, 2023. Signed by Magistrate Judge M. Kendra Klump on 1/27/2023. (SWM)
January 26, 2023 Filing 166 Unopposed MOTION for Extension of Time to File Response to 02/23/2023 re #161 MOTION to Supplement Request for Attorney Fees , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion)(Maddox, Jamie)
January 26, 2023 Filing 165 Unopposed MOTION for Extension of Time to File Response to 02/23/2023 re #162 MOTION for Leave to File Motion for Summary Judgment , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion)(Maddox, Jamie)
January 17, 2023 Opinion or Order Filing 164 SCHEDULING ORDER: The Court, sua sponte, sets this matter for a telephonic status conference on Tuesday, January 31, 2023 at 9:30 a.m. (Eastern). The purpose of the conference shall be to discuss case status. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge M. Kendra Klump on 1/17/2023.(SWM)
January 12, 2023 Filing 163 Submission of Proposed Order (Corrected), re #162 MOTION for Leave to File Motion for Summary Judgment, filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
January 12, 2023 Filing 162 MOTION for Leave to File Motion for Summary Judgment, filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit Proposed Motion for Summary Judgment and Brief in Support, #2***Please Disregard - Filed in Error - See dkt 163 for corrected order*** Text of Proposed Order Granting Motion for Leave)(Swider, David) Modified on 1/12/2023 (DWH). Modified on 2/2/2023 (DWH).
January 12, 2023 Filing 161 MOTION to Supplement Request for Attorney Fees, filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit Declaration of David L. Swider, #2 Text of Proposed Order Granting Motion to Supplement)(Swider, David)
January 6, 2023 Filing 160 Reassignment of Case to Magistrate Judge M. Kendra Klump. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number (1:20-cv-01954-JPH-MKK), which includes the initials of the newly assigned judge, on all future filings in this matter. (RSF)
January 5, 2023 Opinion or Order Filing 159 ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT: SMC's motion to strike consent-to- representation forms is DENIED, dkt. #113 , and Ms. Downing's motion to file a surreply in opposition to that motion is GRANTED, dkt. #131 . SMC's motion for partial summary judgment is GRANTED on Ms. Downing's state-law claims and otherwise DENIED. Dkt. #109 . Ms. Downing's motion for partial summary judgment is DENIED. Dkt. #119 . Because SMC is entitled to summary judgment on Ms. Downing's state-law claims, Ms. Downing's motion for class certification on those claims is DENIED. Dkt. #107 . Ms. Downing's motion to strike references to settlement negotiations in the class-certification briefs, dkt. #126 , and SMC's motion to strike portions of Ms. Downing's reply in support of class certification, dkt. #128 , are DENIED as moot because the motion for class certification is denied on other grounds and the Court did not consider those arguments. The assigned magistrate judge is asked to hold a status conference to discuss settlement and trial readiness. See Order for details. Signed by Judge James Patrick Hanlon on 1/5/2023. (LF)
January 5, 2023 Opinion or Order Filing 158 ORDER OVERRULING OBJECTION: Ms. Downing's appeal of the Magistrate Judge's order awarding attorney fees as a sanction, dkt. 138, is OVERRULED. Dkt. #143 . See Order for details. Signed by Judge James Patrick Hanlon on 1/5/2023. (LF)
December 12, 2022 Filing 157 Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Doris L. Pryor is no longer assigned to this case. Please include the new case number (1:20-cv-01954-JPH-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (RSF)
November 4, 2022 Opinion or Order Filing 156 ORDER granting #155 Motion to Withdraw Attorney Appearance. Attorney Chad Harrison Holler withdrawn. Signed by Magistrate Judge Doris L. Pryor on 11/4/2022. (CBU)
November 1, 2022 Filing 155 MOTION to Withdraw Attorney Appearance of Chad H. Holler, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order)(Holler, Chad)
October 18, 2022 Filing 154 REPLY in Support of Motion re #151 MOTION to Exclude Defendant's Expert Witness, Gaspar Montanez , filed by Plaintiff KAREN W DOWNING. (Blevins, Sandra)
October 11, 2022 Filing 153 RESPONSE in Opposition re #151 MOTION to Exclude Defendant's Expert Witness, Gaspar Montanez , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
October 10, 2022 Filing 152 RESPONSE in Opposition re #150 MOTION to Limit Expert Testimony of Jason Thompson, filed by Plaintiff KAREN W DOWNING. (Blevins, Sandra)
September 26, 2022 Filing 151 MOTION to Exclude Defendant's Expert Witness, Gaspar Montanez, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 1 - Expert Report, #2 Text of Proposed Order)(Blevins, Sandra)
September 26, 2022 Filing 150 OBJECTION and Request (MOTION) to Limit Expert Testimony of Jason Thompson by SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order)(Swider, David) Modified on 9/27/2022 (DWH).
August 19, 2022 Filing 149 REPLY in Support of Motion re #143 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by KAREN W DOWNING re #138 Order on Motion to Compel , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit A - Email to Court, #2 Exhibit A-1 - Position Statement, #3 Exhibit A-2 - Motion to Compel)(Maddox, Jamie)
August 10, 2022 Opinion or Order Filing 148 ORDER granting Plaintiff's #146 Unopposed Motion for Extension of Time to File Response re #139 MOTION for Attorney Fees - The deadline for Plaintiff to file a response to Defendant's Motion for Attorney Fees is hereby extended to fourteen (14) days after the date of the Court's ruling on Plaintiff's Objections to Order of United States Magistrate Judge received July 12, 2022 Pursuant to Fed.R.Civ.P. 72. Signed by Magistrate Judge Doris L. Pryor on 8/10/2022. (SWM)
August 9, 2022 Opinion or Order Filing 147 ORDER: Plaintiff has filed an Unopposed Motion to Extend the Deadline to File a Reply in Support of Plaintiff's Objections to Order of United States Magistrate Judge Received July 12, 2022 Pursuant to Fed.R.Civ.P. 72. Dkt. #145 . For the reasons in the motion, that motion is GRANTED; the reply is due by August 19, 2022. *** TEXT ONLY ENTRY *** (PKP)
August 8, 2022 Filing 146 Unopposed MOTION for Extension of Time to File Response re #139 MOTION for Attorney Fees , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion)(Maddox, Jamie)
August 8, 2022 Filing 145 Unopposed MOTION for Extension of Time to File Reply to 08/19/2022 re #143 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by KAREN W DOWNING re #138 Order on Motion to Compel , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion)(Maddox, Jamie)
August 5, 2022 Filing 144 RESPONSE in Opposition re #143 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by KAREN W DOWNING re #138 Order on Motion to Compel , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
July 25, 2022 Filing 143 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by KAREN W DOWNING re #138 Order on Motion to Compel (Maddox, Jamie)
July 25, 2022 Filing 142 Submission of Signature Requirement re #140 Brief/Memorandum in Support by SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit Declaration of David L. Swider)(Swider, David)
July 25, 2022 Filing 141 Submission of Signature Requirement re #139 MOTION for Attorney Fees by SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order Granting Motion for Fees)(Swider, David)
July 25, 2022 Filing 140 BRIEF/MEMORANDUM in Support re #139 MOTION for Attorney Fees , filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit Declaration of David L. Swider)(Zimmerly, Philip)
July 25, 2022 Filing 139 MOTION for Attorney Fees , filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order Granting Motion for Fees)(Zimmerly, Philip)
July 11, 2022 Opinion or Order Filing 138 ORDER denying Plaintiff's #94 Motion to Compel Deposition of Christine Castille and Production of Christine Castille's Email Communications. See Order. Signed by Magistrate Judge Doris L. Pryor on 7/11/2022. (SWM)
June 10, 2022 Filing 137 REPLY in Support of Motion re #119 Cross MOTION for Summary Judgment on Liability , filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
June 10, 2022 Filing 136 Designation of Evidence re #123 Brief/Memorandum in Support, #119 Cross MOTION for Summary Judgment on Liability (Supplemental), filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 16 - Clookey Email, #2 Exhibit 18 - Clookey Email, #3 Exhibit 100-A - Supplemental Downing Depo Excerpts, #4 Exhibit 109 - Letter to SMC)(Maddox, Jamie)
May 20, 2022 Filing 135 REPLY in Support of Motion re #126 MOTION to Strike References to Confidential Settlement Discussions , filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
May 20, 2022 Filing 134 RESPONSE in Opposition re #128 MOTION to Strike #127 Reply in Support of Motion MOTION for Leave to File Surreply , filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
May 20, 2022 Filing 133 REPLY in Support of Motion re #109 MOTION for Summary Judgment (Partial) and Response in Opposition to Plaintiff's Cross-Motion for Summary Judgment, filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit A - Goergen Deposition Excerpt)(Swider, David)
May 13, 2022 Filing 132 RESPONSE in Opposition re #126 MOTION to Strike References to Confidential Settlement Discussions , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
May 12, 2022 Filing 131 MOTION for Leave to File Surreply in Opposition to Defendant's Objection and Motion to Strike Plaintiff's Notice of Filing Consents to Representation, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit A - Proposed Surreply, #2 Text of Proposed Order Granting Motion for Leave)(Maddox, Jamie)
May 10, 2022 Opinion or Order Filing 130 ORDER granting Plaintiff's #86 Motion for Extension of Time for Potential Party Plaintiffs to Submit Consent to Representation Forms - The Court notes that the requested deadline has since passed without a request for additional time, and the Defendants have since filed a motion to strike Plaintiff's Notice of Filing Consents to Representation. (Dkt. #113 ). This motion will be addressed by separate entry. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 5/10/2022. (SWM)
May 6, 2022 Filing 129 REPLY in Support of Motion re #113 MOTION to Strike #106 Notice (Other) , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
May 6, 2022 Filing 128 MOTION to Strike #127 Reply in Support of Motion (), MOTION for Leave to File Surreply (), filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit 1 - Defendant's Surreply in Opposition to Plaintiff's Motion for Class Action Certification, #2 Text of Proposed Order, #3 Text of Proposed Order)(Swider, David)
April 29, 2022 Filing 127 REPLY in Support of Motion re #107 MOTION to Certify Class Action , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 1 - Spreadsheet, #2 Exhibit 2 - Expert Report, #3 Exhibit 3 - Email re Video, #4 Exhibit 4 - Email re RPC, #5 Exhibit 5 - Email re Gameplaying, #6 Exhibit 6 - Email re Deposition, #7 Exhibit 7 - Depo Excerpt, #8 Exhibit 8 - Notice)(Maddox, Jamie)
April 29, 2022 Filing 126 MOTION to Strike References to Confidential Settlement Discussions, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Motion to Strike)(Maddox, Jamie)
April 29, 2022 Filing 125 RESPONSE in Opposition re #113 MOTION to Strike #106 Notice (Other) , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 1 - Notice)(Maddox, Jamie)
April 25, 2022 Opinion or Order Filing 124 ORDER granting Plaintiff's #118 Unopposed MOTION for Extension of Time to File Response to 04/29/2022 re #113 MOTION to Strike #106 Notice (Other). Signed by Magistrate Judge Doris L. Pryor on 4/25/2022. (SWM)
April 22, 2022 Filing 123 BRIEF/MEMORANDUM in Support re #119 Cross MOTION for Summary Judgment on Liability and Response in Opposition to Defendant's Motion for Partial Summary Judgment, filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
April 22, 2022 Filing 122 Designation of Evidence re #119 Cross MOTION for Summary Judgment on Liability , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 79 - SMC Employee Handbook)(Maddox, Jamie)
April 22, 2022 Filing 121 Designation of Evidence re #119 Cross MOTION for Summary Judgment on Liability , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 51 - Paystub, #2 Exhibit 52 - Paystub, #3 Exhibit 53 - Paystub, #4 Exhibit 54 - Paystub, #5 Exhibit 55 - Paystub, #6 Exhibit 56 - Paystub, #7 Exhibit 57 - Paystub, #8 Exhibit 58 - Paystub, #9 Exhibit 59 - Paystub, #10 Exhibit 60 - Paystub, #11 Exhibit 61 - Paystub, #12 Exhibit 65 - Swider Email, #13 Exhibit 66 - Swider Email, #14 Exhibit 67 - Swider Email, #15 Exhibit 68 - Swider Email, #16 Exhibit 69 - Swider Email, #17 Exhibit 73 - Nguyen Email, #18 Exhibit 75 - 2019 Calendars, #19 Exhibit 76 - Goergen Email, #20 Exhibit 77 - Meeting Notes, #21 Exhibit 78 - Email, #22 Exhibit 83 - Email, #23 Exhibit 84 - Email, #24 Exhibit 85 - Email, #25 Exhibit 86 - Email, #26 Exhibit 100 - Downing Deposition, #27 Exhibit 101 - Brown Deposition, #28 Exhibit 102 - Goergen Deposition, #29 Exhibit 103 - Clookey Deposition, #30 Exhibit 104 - Nguyen Personal Deposition, #31 Exhibit 105 - Nguyen 30B6 Deposition, #32 Exhibit 106 - Downing Declaration, #33 Exhibit 107 - Maddox Declaration, #34 Exhibit 108 - Expert Report)(Maddox, Jamie)
April 22, 2022 Filing 120 Designation of Evidence re #119 Cross MOTION for Summary Judgment on Liability , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 3 - SMC Offer Letter, #2 Exhibit 10 - Brown Email, #3 Exhibit 11- Brown Email Clarification, #4 Exhibit 12 - Total Comp Report, #5 Exhibit 13 - March Meeting Invite, #6 Exhibit 14 - April Meeting Invite, #7 Exhibit 19 - Goergen Email, #8 Exhibit 24 - Paystub, #9 Exhibit 25 - Kronos Timesheets, #10 Exhibit 26 - Spreadsheet, #11 Exhibit 27 - Paystub, #12 Exhibit 28 - Paystub, #13 Exhibit 29 - Paystub, #14 Exhibit 30 - Paystub, #15 Exhibit 31 - Paystub, #16 Exhibit 32 - Paystub, #17 Exhibit 33 - Paystub, #18 Exhibit 34 - Paystub, #19 Exhibit 35 - Paystub, #20 Exhibit 36 - Paystub, #21 Exhibit 37 - Paystub, #22 Exhibit 38 - Paystub, #23 Exhibit 39 - Paystub, #24 Exhibit 40 - Paystub, #25 Exhibit 41 - Paystub, #26 Exhibit 42 - Paystub, #27 Exhibit 43 - Paystub, #28 Exhibit 44 - Paystub, #29 Exhibit 45 - Paystub, #30 Exhibit 46 - Paystub, #31 Exhibit 47 - Paystub, #32 Exhibit 48 - Paystub, #33 Exhibit 49 - Paystub, #34 Exhibit 50 - Paystub)(Maddox, Jamie)
April 22, 2022 Filing 119 Cross MOTION for Summary Judgment on Liability, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Motion)(Maddox, Jamie)
April 21, 2022 Filing 118 Unopposed MOTION for Extension of Time to File Response to 04/29/2022 re #113 MOTION to Strike #106 Notice (Other) , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion)(Maddox, Jamie)
April 15, 2022 Filing 117 RESPONSE in Opposition re #107 MOTION to Certify Class Action , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
April 15, 2022 Filing 116 Submission of Signature Requirement re #107 MOTION to Certify Class Action, #115 Appendix by SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit 1 - 9-18-19 Facebook Post, #2 Exhibit 2 - 9-18-20 Facebook Post, #3 Exhibit 3 - Deposition of Tamara Clookey, #4 Exhibit 4 - Deposition of Ryan Goergen, #5 Exhibit 5 - Deposition of Donny Nguyen, #6 Exhibit 6 - April 17, 2020 Email from JAM to DLS, #7 Exhibit 7 - Pltf Karen Downing's Initial Disclosures, #8 Exhibit 8 - Oct 7, 2021 Emailfrom JAM to MJ Pryor w attachment)(Swider, David)
April 15, 2022 Filing 115 APPENDIX of Exhibits to D's Response in Opposition to P's Mtnf Class Action Certification by SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Zimmerly, Philip) Modified on 4/15/2022 (MAC). (to create link to #107 ).
April 13, 2022 Opinion or Order Filing 114 ORDER - This matter comes before the Court on the Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Class Certification, Dkt. [ #112 ], which seeks a 7-day extension for Defendant to file its response and a 7-day extension for Plaintiff to file a reply. The Court treats the present motion as a joint motion for extension of the briefing deadlines. The Court, being duly advised, hereby GRANTS said Motion. The Defendant shall have to and including April 15, 2022 by which to respond to the Plaintiff's Motion for Class Action Certification. Plaintiff shall file her reply by April 29, 2022. Signed by Magistrate Judge Doris L. Pryor on 4/13/2022. (SWM)
April 8, 2022 Filing 113 MOTION to Strike #106 Notice (Other) , filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order Proposed Order)(Zimmerly, Philip)
April 8, 2022 Filing 112 Unopposed MOTION for Extension of Time to File Reply to April 15, 2022 re #107 MOTION to Certify Class Action (D's Unopposed MEOT to Respond to P's Mtnf Class Action Certification), filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order Proposed Order re Unopposed MEOT)(Zimmerly, Philip)
March 28, 2022 Opinion or Order Filing 111 ORDER - This matter comes before the Court on the parties' Joint Motion for Briefing Schedule on Cross-Motions for Summary Judgment, Dkt. [ #105 ]. The Court, being duly advised, hereby GRANTS said Motion. The Court establishes the following briefing schedule (see Order for briefing schedule). Signed by Magistrate Judge Doris L. Pryor on 3/28/2022. (SWM)
March 25, 2022 Filing 110 BRIEF/MEMORANDUM in Support re #109 MOTION for Summary Judgment (Partial) , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
March 25, 2022 Filing 109 MOTION for Summary Judgment (Partial), filed by Defendant SMC CORPORATION OF AMERICA. (Zimmerly, Philip)
March 25, 2022 Filing 108 APPENDIX of Exhibits in Support of Defendant's Motion for Partial Summary Judgment by SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit 1 - Deposition of Karen Downing, #2 Exhibit 2 - Deposition of Donny, #3 Exhibit 3 - Rule 30(b)(6) Deposition of SMC Corporation of America by Donny Nguyen, #4 Exhibit 4 - Deposition of Janet Brown, #5 Exhibit 5 - Deposition of Ryan Goergen, #6 Exhibit 6 - Deposition Exhibits 10-12, 24, 27-61, 64-69, 71, 73, 74, 85, #7 Exhibit 7 - Downing_000033, 000035, #8 Exhibit 8 - Supplemental Declaration of Tamara Clookey (March 25, 2022))(Swider, David)
March 25, 2022 Filing 107 MOTION to Certify Class Action, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Motion for Class Action Certification)(Maddox, Jamie)
March 25, 2022 Filing 106 NOTICE of Filing of Consents to Representation, filed by Plaintiff KAREN W DOWNING (Attachments: #1 Exhibit Attached Consents of Representation) (Maddox, Jamie)
March 23, 2022 Filing 105 Joint MOTION for Briefing Schedule on Cross-Motions for Summary Judgment, filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order)(Zimmerly, Philip)
March 18, 2022 Filing 104 REPLY in Support of Motion re #94 MOTION to Compel Deposition and Email Production of Christine Castille , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 1 - May 27, 2021 Email, #2 Exhibit 2 - June 3, 2021 Email, #3 Exhibit 3 - January 11, 2022 Email, #4 Exhibit 4 - January 14, 2022 Email, #5 Exhibit 5 - January 17, 2022 Email, #6 Exhibit 6 - January 25, 2022 Email, #7 Exhibit 7 - Clookey Deposition Excerpts, #8 Exhibit 8 - 30b6 Deposition Excerpts, #9 Exhibit 9 - Brown Deposition Excerpt, #10 Exhibit 10 - Nguyen Deposition Excerpt)(Maddox, Jamie)
March 11, 2022 Filing 103 RESPONSE in Opposition re #94 MOTION to Compel Deposition and Email Production of Christine Castille , filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit 1 - Emails, #2 Exhibit 2 - Nguyen Deposition Excerpts, #3 Exhibit 3 - Goergen Deposition Excerpts, #4 Exhibit 4 - Brown Deposition Excerpts, #5 Exhibit 5 - Clookey Deposition Excerpts, #6 Exhibit 6 - 2.24.22 Email, #7 Exhibit 7 - 2.25.22 Email, #8 Exhibit 8 - Search Report for Christine or Castille, #9 Exhibit 9 - 3.8.22 Email)(Swider, David)
March 7, 2022 Opinion or Order Filing 102 ORDER denying Plaintiff's #60 Motion to Compel Deposition of Kelley Stacy. See Order for details. Signed by Magistrate Judge Doris L. Pryor on 3/7/2022. (SWM)
March 4, 2022 Filing 101 Statement of Claims and Defenses at Trial by SMC CORPORATION OF AMERICA. (Zimmerly, Philip)
March 4, 2022 Filing 100 Exhibit List Final, filed by Defendant SMC CORPORATION OF AMERICA, Witness List Final, filed by Defendant SMC CORPORATION OF AMERICA. (Zimmerly, Philip)
March 4, 2022 Filing 99 Witness List (Final), filed by Plaintiff KAREN W DOWNING, Exhibit List (Final), filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
March 4, 2022 Filing 98 Statement of Claims by KAREN W DOWNING. (Maddox, Jamie)
March 2, 2022 Opinion or Order Filing 97 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Discovery Conference on February 28, 2022 to discuss whether Ms. Kelley Stacy's deposition is still necessary. The Court will rule on Plaintiff's Motion to Compel Deposition of Kelley Stacy, (Dkt. 60), by separate order. Signed by Magistrate Judge Doris L. Pryor. (CAG)
February 25, 2022 Filing 95 BRIEF/MEMORANDUM in Support re #94 MOTION to Compel Deposition and Email Production of Christine Castille , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit A - Email Communication, #2 Exhibit B - Email Communication)(Maddox, Jamie)
February 25, 2022 Filing 94 MOTION to Compel Deposition and Email Production of Christine Castille, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Motion to Compel)(Maddox, Jamie)
January 31, 2022 Opinion or Order Filing 93 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Discovery Conference on January 31, 2022 to address the parties' dispute regarding the order in which depositions should be taken. This matter is scheduled for a telephonic discovery conference on February 28, 2022 at 1:00 p.m. (Eastern). By February 25, 2022 at noon (Eastern), Plaintiff shall email to Chambers, carbon copy to Defendant, her position statement on whether Plaintiff still request to depose Ms. Stacy and possible topics. If necessary, by February 28, 2022 at 10:00 a.m., Defendant shall email to Chambers, carbon copy to Plaintiff, its response to Plaintiff's position statement.Counsel shall attend the discovery conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. **See Entry for Additional Information.** Signed by Magistrate Judge Doris L. Pryor. (CAG)
January 19, 2022 Opinion or Order Filing 92 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED (Amended CMP). Dispositive Motions due by 3/25/2022. Signed by Magistrate Judge Doris L. Pryor on 1/19/2022.(SWM)
January 19, 2022 Opinion or Order Filing 91 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on January 12, 2022. The parties discussed the status of and future plans for discovery. The call was held and concluded. Signed by Magistrate Judge Doris L. Pryor. (CAG)
December 27, 2021 Filing 89 Joint Proposed Revised CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff KAREN W DOWNING . (Maddox, Jamie)
December 22, 2021 Opinion or Order Filing 88 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person and by counsel for a settlement conference on December 20, 2021. A settlement was not achieved. The stay will be lifted on December 27, 2021. This matter is scheduled for a telephonic status conference on January 12, 2022 at 9:00 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
December 13, 2021 Filing 87 RESPONSE in Opposition re #86 MOTION for Extension of Time to December 18, 2021 for Potential Party Plaintiffs to Submit Consent to Representation Forms , filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit 1 - October 4, 2021 Email Exchange, #2 Text of Proposed Order)(Swider, David)
December 3, 2021 Filing 86 MOTION for Extension of Time to December 18, 2021 for Potential Party Plaintiffs to Submit Consent to Representation Forms, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order)(Blevins, Sandra)
November 5, 2021 Opinion or Order Filing 85 ORDER granting Parties' #83 Renewed Joint Motion to Stay Case Management Plan Deadline - This case and all dates and deadlines in the above captioned matter are STAYED until December 27, 2021. In the event a settlement is unsuccessful, the parties shall submit a revised case management plan to the Court by December 27, 2021. Signed by Magistrate Judge Doris L. Pryor on 11/5/2021. (SWM)
November 5, 2021 Filing 84 REPLY in Support of Motion re #60 MOTION to Compel Deposition of Kelley Stacy (Amended), filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
November 4, 2021 Filing 83 Joint MOTION to Stay Case Management Plan Deadlines (Renewed), filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order)(Zimmerly, Philip)
November 3, 2021 Opinion or Order Filing 82 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person and by counsel for a settlement conference on November 2, 2021. This matter is CONTINUED to December 20, 2021 at 1:30 p.m. (Eastern) in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Magistrate Judge Doris L. Pryor. (CAG)
October 30, 2021 Filing 81 RESPONSE in Opposition to Defendant's Notice of Additional Authorities and in Support of Plaintiff's Class/Collective Action Complaint, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 1 - Defendant Additional Authorities, #2 Exhibit 2 - Brown Email, #3 Exhibit 3 - Downing Paystub, #4 Exhibit 4 - Mascol Case, #5 Exhibit 5 - 149 Madison Case, #6 Exhibit 6 - Memorandum, #7 Exhibit 7 - All Spreadsheet Excerpt)(Maddox, Jamie)
October 22, 2021 Opinion or Order Filing 80 ORDER - Defendant's Motion to Strike Plaintiff's Reply in Support of Motion to Compel Deposition of Kelley Stacy, as to Paragraphs 12 through 14, Dkt. [ #69 ], is GRANTED. The Court ORDERS that the Clerk's office place Docket 67 under seal. Plaintiff is ORDERED to file an amended reply within fourteen (14) days of this Order that omits Paragraphs 12 through 14. No other substantive changes should be made to Plaintiff's Reply (Dkt. 67). See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 10/22/2021. (SWM)
October 19, 2021 Opinion or Order Filing 79 ORDER granting #77 Motion to Stay. This case and all dates and deadlines in the above-captioned matter are STAYED until November 3, 2021. Signed by Magistrate Judge Doris L. Pryor on 10/19/2021. (CBU)
October 15, 2021 Opinion or Order Filing 78 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person and by counsel for a settlement conference on October 14, 2021. This matter is CONTINUED to November 2, 2021 at 9:00 a.m. (Eastern) in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Magistrate Judge Doris L. Pryor. (CAG)
October 15, 2021 Filing 77 Joint MOTION to Stay Case Management Plan Deadlines, filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order)(Zimmerly, Philip)
September 28, 2021 Opinion or Order Filing 76 ORDER granting Parties' #75 Joint to Extend Case Management Deadlines. See Order for established deadlines. Signed by Magistrate Judge Doris L. Pryor on 9/28/2021.(SWM)
September 23, 2021 Filing 75 Joint MOTION for Extension of Time to re Case Management Plan Deadlines, filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order)(Swider, David)
September 20, 2021 Opinion or Order Filing 74 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: Parties appeared by telephone for a Status Conference on September 20, 2021. The parties reported on the status of and future plans for discovery and potential settlement conference. This matter is scheduled for a settlement conference on October 14, 2021 at 9:30 a.m. (Eastern), in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Doris L. Pryor. Signed by Magistrate Judge Doris L. Pryor. (CAG)
August 30, 2021 Filing 72 STATUS REPORT on Status of Discovery (Joint) by KAREN W DOWNING. (Attachments: #1 Exhibit 1 - Declaration of Tamara Clookey)(Maddox, Jamie)
August 27, 2021 Filing 71 REPLY in Support of Motion re #69 MOTION to Strike #67 Reply in Support of Motion , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
August 23, 2021 Filing 70 RESPONSE in Opposition re #69 MOTION to Strike #67 Reply in Support of Motion , filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
August 9, 2021 Filing 69 MOTION to Strike #67 Reply in Support of Motion , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
August 6, 2021 Filing 67 *** SEALED PER DOCKET NUMBER #80 *** REPLY in Support of Motion re #60 MOTION to Compel Deposition of Kelley Stacy , filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie) Modified on 10/22/2021 (SWM).
August 5, 2021 Opinion or Order Filing 68 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Discovery Conference on August 5, 2021 to discuss Defendant's responses to Plaintiff's Third Request for Production of Documents Nos. 68 and 69. This matter is scheduled for a telephonic status conference on September 20, 2021 at 8:30 a.m. (Eastern) to discuss case status. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. **SEE ENTRY for additional information.** Signed by Magistrate Judge Doris L. Pryor. (CAG)
July 30, 2021 Filing 66 RESPONSE in Opposition re #60 MOTION to Compel Deposition of Kelley Stacy , filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit Declaration of Donny Nguyen)(Swider, David)
July 26, 2021 Opinion or Order Filing 65 ORDER granting Defendant's #64 Motion for Extension of Time to Request Discovery Conference - The parties shall have to and including July 30, 2021 by which to notify Chambers if the parties need a discovery conference. Signed by Magistrate Judge Doris L. Pryor on 7/26/2021. (SWM)
July 22, 2021 Filing 64 Unopposed MOTION for Extension of Time to 7/30/21 to Request Discovery Conference, filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Text of Proposed Order)(Zimmerly, Philip)
July 22, 2021 Opinion or Order Filing 63 ORDER granting IN PART Plaintiff's #59 Motion for Extension of Time to Disclose Expert Witnesses and to File Statement of Claims and Defenses. The parties' case management plan will be amended as follows (see Order for established deadlines and additional information). Signed by Magistrate Judge Doris L. Pryor on 7/22/2021.(SWM)
July 19, 2021 Filing 62 RESPONSE in Opposition re #59 MOTION for Extension of Time to 11/12/21 for Plaintiff to Disclose Expert Witnesses and to 10/19/21 for the Parties to File Their Statement of Claims and Defenses , filed by Defendant SMC CORPORATION OF AMERICA. (Attachments: #1 Exhibit A - 7.13.21 Email from Maddox)(Swider, David)
July 16, 2021 Filing 61 BRIEF/MEMORANDUM in Support re #60 MOTION to Compel Deposition of Kelley Stacy , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit A - First Privilege Log, #2 Exhibit B - Second Privilege Log, #3 Exhibit C - SMC 639-640, #4 Exhibit D - SMC 641, #5 Exhibit E - SMC 642, #6 Exhibit F - SMC 649, #7 Exhibit G - SMC 661 and 663)(Maddox, Jamie)
July 16, 2021 Filing 60 MOTION to Compel Deposition of Kelley Stacy, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Motion to Compel)(Maddox, Jamie)
July 14, 2021 Filing 59 MOTION for Extension of Time to 11/12/21 for Plaintiff to Disclose Expert Witnesses and to 10/19/21 for the Parties to File Their Statement of Claims and Defenses, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Motion)(Maddox, Jamie)
July 13, 2021 Opinion or Order Filing 58 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on July 12, 2021. The parties discussed the status of and future plans for discovery. The parties are ordered to meet and confer on the issues regarding the RFP and must notify Chambers within two (2) weeks if the parties need a discovery conference. Signed by Magistrate Judge Doris L. Pryor. (CAG)
July 9, 2021 Filing 57 **PLEASE DISREGARD - DOCKETED IN ERROR** MARGINAL ENTRY - The Court ACKNOWLEDGES the Stipulation of Dismissal, dkt. #42 . The Clerk is DIRECTED to CLOSE this case on the docket. Signed by Judge James Patrick Hanlon on 7/09/2021.(AKH) Modified on 7/12/2021 (AKH).
July 9, 2021 Opinion or Order Filing 56 ORDER granting #48 Motion. Karen Downing worked for Defendant, SMC Corporation of America, for over ten years. She has filed a complaint alleging that SMC failed to pay overtime to her and similarly situated employees from March 2018 through November 2019. Dkt. #1 . Ms. Downing has moved for leave to serve notice on potential party plaintiffs under the Fair Labor Standards Act ("FLSA") and for approval of her proposed collective-action notice and opt-in consent form. Dkt. #48 . For the reasons below, the Court GRANTS Ms. Downing's motion for leave to serve notice on potential party plaintiffs and GRANTS as amended her proposed collective action notice and opt-in consent form. **See Order for Additional Information**. Signed by Judge James Patrick Hanlon on 7/09/2021. (AKH)
June 15, 2021 Opinion or Order Filing 54 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person for a Discovery Conference on June 14, 2021 to discuss discovery disputes that have arisen between the parties. After reviewing the parties' submissions and listening to oral arguments, the Court ruled. *SEE ENTRY for additional information. ** This matter is scheduled for a telephonic status conference on July 12, 2021 at 9:00 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
June 10, 2021 Opinion or Order Filing 53 AMENDED SCHEDULING ORDER:The Discovery Conference, currently set for June 14, 2021 at 10:00 a.m., by telephone, will instead take place in Courtroom 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Magistrate Judge Doris L. Pryor on 6/10/2021.(SWM)
May 21, 2021 Opinion or Order Filing 52 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on May 19, 2021. The parties discussed the status of and future plans for discovery. The Court EXTENDS the Discovery Deadline to June 24, 2021. The Settlement Conference set for June 14, 2021 is VACATED. This matter is scheduled for a telephonic discovery conference on June 14, 2021 at 10:00 a.m. (Eastern) to discuss case status. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
May 13, 2021 Filing 51 REPLY in Support of Motion re #48 MOTION for Approval of Notice and For Leave to Serve Notice on Potential Party Plaintiffs , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit 1 - Email)(Maddox, Jamie)
May 6, 2021 Filing 49 RESPONSE in Opposition re #48 MOTION for Approval of Notice and For Leave to Serve Notice on Potential Party Plaintiffs , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
April 22, 2021 Filing 48 MOTION for Approval of Notice and For Leave to Serve Notice on Potential Party Plaintiffs, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit Notice of Pendency of FLSA Lawsuit, #2 Exhibit Consent Form Notice)(Maddox, Jamie)
March 19, 2021 Opinion or Order Filing 47 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on March 17, 2021. The parties discussed the status of and future plans for discovery.This matter is scheduled for a telephonic status conference on May 19, 2021 at 9:00 a.m. (Eastern) to discuss case status. Counsel shall attend the statusconference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
January 27, 2021 Opinion or Order Filing 45 ORDER granting Plaintiff's #44 Motion for Extension of Time to Respond to Defendant's Discovery to 2/8/2021. Signed by Magistrate Judge Doris L. Pryor on 1/27/2021. (SWM)
January 25, 2021 Filing 44 Unopposed MOTION for Extension of Time to 02/08/2021 to Respond to Defendant's Discovery Requests, filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for EOT)(Maddox, Jamie)
January 19, 2021 Filing 43 Witness List (Preliminary), filed by Defendant SMC CORPORATION OF AMERICA, Exhibit List (Preliminary), filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
January 13, 2021 Filing 42 Witness List (Preliminary), filed by Plaintiff KAREN W DOWNING, Exhibit List (Preliminary), filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
January 11, 2021 Filing 41 NOTICE of Parties' First Extension of Time re Responding to any written request for discovery or admission, filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
January 6, 2021 Filing 40 NOTICE of Service of Initial Disclosures , filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
January 6, 2021 Filing 39 NOTICE of Service of Initial Disclosures , filed by Defendant SMC CORPORATION OF AMERICA. (Zimmerly, Philip)
December 23, 2020 Opinion or Order Filing 38 ORDER granting Plaintiff's #35 Motion to Withdraw Docket Number 26; withdrawing Plaintiff's #26 Motion for Expedited Discovery. Signed by Magistrate Judge Doris L. Pryor on 12/23/2020. (SWM)
December 23, 2020 Opinion or Order Filing 37 ORDER - This matter comes before the Court on Plaintiff's Motion to Withdraw Docket #33, Dkt. [ #34 ]. The Court, being duly advised, now GRANTS said Motion. Plaintiff's Notice Withdrawing Plaintiff's Motion for Expedited Discovery (Dkt. #33 ) is WITHDRAWN from the record. Signed by Magistrate Judge Doris L. Pryor on 12/23/2020. (SWM)
December 23, 2020 Filing 36 NOTICE of Appearance by Chad Harrison Holler on behalf of Plaintiff KAREN W DOWNING. (Holler, Chad)
December 22, 2020 Filing 35 MOTION to Withdraw #26 MOTION for Discovery (Expedited) , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw Motion for Expedited Discovery)(Maddox, Jamie)
December 22, 2020 Filing 34 MOTION to Withdraw #33 Notice (Other) , filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw Notice)(Maddox, Jamie)
December 18, 2020 Filing 33 *** WITHDRAWN PER DOCKET NUMBER #37 *** NOTICE Withdrawing Plaintiffs' Motion for Expedited Discovery, filed by Plaintiff KAREN W DOWNING, re #26 MOTION for Discovery (Expedited). (Maddox, Jamie) Modified on 12/28/2020 (SWM).
December 18, 2020 Opinion or Order Filing 32 ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Doris L. Pryor on 12/18/2020.(SWM)
December 18, 2020 Opinion or Order Filing 31 ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Doris L. Pryor on 12/18/2020.(SWM)
December 18, 2020 Opinion or Order Filing 30 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 7/26/2021. Discovery due by 5/24/2021. Signed by Magistrate Judge Doris L. Pryor on 12/18/2020.(SWM)
December 17, 2020 Opinion or Order Filing 29 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on December 17, 2020. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. This matter is scheduled for a telephonic status conference on March 17, 2021 at 4:30 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. This matter is scheduled for a settlement conference on June 14, 2021 at 10:00 a.m. (Eastern), in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Doris L. Pryor. Signed by Magistrate Judge Doris L. Pryor. (CAG)
December 11, 2020 Opinion or Order Filing 27 ORDER denying Defendant's #20 Motion for Bifurcation of Discovery and Entry of Defendant's Proposed Case Management Plan. See Order for details. Signed by Magistrate Judge Doris L. Pryor on 12/11/2020. (SWM)
December 10, 2020 Filing 26 *** WITHDRAWN PER DKT. NUMBER #38 *** MOTION for Discovery (Expedited), filed by Plaintiff KAREN W DOWNING. (Attachments: #1 Exhibit A - Interrogatories, #2 Exhibit B - RPD, #3 Text of Proposed Order Granting Motion)(Maddox, Jamie) Modified on 12/28/2020 (SWM).
December 4, 2020 Opinion or Order Filing 25 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: Plaintiff and Defendant appeared, by counsel, for an Initial Pretrial Conference on December 2, 2020. The parties discussed case status.The telephonic Initial Pretrial Conference is continued to December 17, 2020 at 9:00 a.m. (Eastern). Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
November 25, 2020 Filing 23 REPLY in Support of Motion re #20 MOTION to Bifurcate Discovery and Entry of Def's Proposed Case Management Plan , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
November 20, 2020 Filing 22 RESPONSE in Opposition re #20 MOTION to Bifurcate Discovery and Entry of Def's Proposed Case Management Plan , filed by Plaintiff KAREN W DOWNING. (Maddox, Jamie)
November 9, 2020 Filing 21 BRIEF/MEMORANDUM in Support re #20 MOTION to Bifurcate Discovery and Entry of Def's Proposed Case Management Plan , filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
November 9, 2020 Filing 20 MOTION to Bifurcate Discovery and Entry of Def's Proposed Case Management Plan, filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
October 29, 2020 Opinion or Order Filing 19 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: Plaintiff and Defendant appeared, by counsel, for an Initial Pretrial Conference on October 26, 2020. The parties discussed case status. The Court continued the Initial Pretrial Conference. Defendant's motion for bifurcation is due November 9, 2020. Plaintiff's response is due November 20, 2020, and Defendant's reply is due November 25, 2020.The telephonic Initial Pretrial Conference is continued to December 2, 2020 at 2:00 p.m. (Eastern). Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
October 19, 2020 Filing 17 Defendant's Proposed CASE MANAGEMENT PLAN TENDERED, filed by Defendant SMC CORPORATION OF AMERICA . (Zimmerly, Philip)
October 16, 2020 Filing 16 Plaintiff's Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff KAREN W DOWNING . (Maddox, Jamie)
October 6, 2020 Filing 15 ANSWER to #1 Complaint , filed by SMC CORPORATION OF AMERICA.(Swider, David)
August 27, 2020 Opinion or Order Filing 14 SCHEDULING ORDER: Initial Pretrial Conference set for 10/26/2020 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional details. Signed by Magistrate Judge Doris L. Pryor on 8/27/2020.(SWM)
August 26, 2020 Filing 13 NOTICE of Parties' First Extension of Time, filed by Defendant SMC CORPORATION OF AMERICA. (Swider, David)
August 26, 2020 Filing 12 Corporate Disclosure Statement by SMC CORPORATION OF AMERICA identifying Corporate Parent SMC CORPORATION for SMC CORPORATION OF AMERICA.. (Swider, David)
August 26, 2020 Filing 11 NOTICE of Appearance by David L. Swider on behalf of Defendant SMC CORPORATION OF AMERICA. (Swider, David)
August 26, 2020 Filing 10 NOTICE of Appearance by Philip R. Zimmerly on behalf of Defendant SMC CORPORATION OF AMERICA. (Zimmerly, Philip)
August 10, 2020 Filing 9 Summons Issued as to SMC CORPORATION OF AMERICA. (DWH)
August 10, 2020 Filing 8 ***PLEASE DISREGARD - REFER TO #9 SUMMONS ISSUED*** Proposed Summons submitted for issuance by the clerk as to SMC CORPORATION OF AMERICA. (DWH) Modified on 8/11/2020 - Incorrect event used. Redocketed for Administrative Purposes at dkt 9. (DWH).
August 7, 2020 Filing 7 Proposed Summons submitted for issuance by the clerk as to SMC CORPORATION OF AMERICA. (Maddox, Jamie)
July 30, 2020 Filing 6 TRIAL PROCEDURES AND PRACTICES before Judge James Patrick Hanlon. (DWH)
July 27, 2020 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
July 27, 2020 Filing 4 Summons Issued as to SMC CORPORATION OF AMERICA. (REO)
July 24, 2020 Filing 3 NOTICE of Appearance by Sandra L. Blevins on behalf of Plaintiff KAREN W DOWNING. (Blevins, Sandra)
July 24, 2020 Filing 2 NOTICE of Appearance by Jamie A. Maddox on behalf of Plaintiff KAREN W DOWNING. (Maddox, Jamie)
July 24, 2020 Filing 1 COMPLAINT against SMC CORPORATION OF AMERICA, filed by KAREN W DOWNING. (Filing fee $400, receipt number 0756-6096460) (Attachments: #1 Exhibit A - Consent to Representation, #2 Civil Cover Sheet, #3 Proposed Summons)(Maddox, Jamie)

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Plaintiff: KAREN W DOWNING
Represented By: Jamie A. Maddox
Represented By: Sandra L. Blevins
Represented By: Chad Harrison Holler
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Defendant: SMC CORPORATION OF AMERICA
Represented By: Philip R. Zimmerly
Represented By: David L. Swider
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