WALTERS v. PROFESSIONAL LABOR GROUP, LLC
| James Walters |
| Professional Labor Group, LLC |
| 1:2021cv02831 |
| November 11, 2021 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 134
SCHEDULING ORDER: Telephonic Status Conference set for 3/14/2023 11:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss the parties' trial preparations, as well as schedule a settlement conference. 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 Mark J. Dinsmore on 3/7/2023.(SWM)
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Filing 133
Order on Motion for Summary Judgment and Motion for Oral Argument - PLG's Motion to Set Oral Argument, ECF No. #129 , is denied. PLG's Motion for Summary Judgment, ECF No. #121 , is denied. SEE ORDER. Signed by Judge James R. Sweeney II on 3/6/2023. (KAA)
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Filing 132
RESPONSE in Opposition re #129 MOTION to Set Oral Argument , filed by Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 131
Surreply re #121 MOTION for Summary Judgment , filed by Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 130
Appendix of Exhibits in Support of Surreply to Motion re #121 MOTION for Summary Judgment , filed by Plaintiff JAMES WALTERS. (Attachments: #1 Exhibit 31 - Sanders Deposition Excerpts)(Draher, Shannon)
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Filing 129
MOTION to Set Oral Argument, filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Attachments: #1 Text of Proposed Order Order setting Oral Argument)(Norwillo, Vincent)
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Filing 128
***PLEASE DISREGARD. FILED IN ERROR. CORRECTED MOTION FILED AT DKT. #128 . *** MOTION for Oral Argument, filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Norwillo, Vincent)
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Filing 127
BRIEF/MEMORANDUM in Support Reply in Support of Motion re #121 MOTION for Summary Judgment PLG's Reply Brief in Response to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Norwillo, Vincent)
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Filing 126
EXHIBIT in Support of Reply in Support of Motion re #121 MOTION for Summary Judgment Appendix of Exhibits in Support of Defendant's Reply Brief, filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Attachments: #1 Exhibit Staffing Services Agreement)(Norwillo, Vincent)
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Filing 125
RESPONSE in Opposition re #121 MOTION for Summary Judgment , filed by Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 124
APPENDIX (SUPPLEMENTAL) of Exhibits in Support of Response in Opposition to Defendant's Motion for Summary Judgment by JAMES WALTERS. (Attachments: #1 Exhibit 31 - Vallone MSJ Excerpts)(Draher, Shannon)
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Filing 123
APPENDIX of Exhibits in Support of Response in Opposition to #121 Defendant's Motion for Summary Judgment by JAMES WALTERS. (Attachments: #1 Exhibit 1 - Draher Declaration with Exhibit, #2 Exhibit 2 - PLG Benefits Policy, #3 Exhibit 3 - PLG Holiday Policy, #4 Exhibit 4 - PLG PTO Policy, #5 Exhibit 5 - Plaintiffs Paystubs Reflecting Holiday and Vacation Pay, #6 Exhibit 6 - Renee Begay Vericlock Records, #7 Exhibit 7 - Stephon Parrish Vericlock Records, #8 Exhibit 8 - Matthew Smith Vericlock Records, #9 Exhibit 9 - James Walters Vericlock Records, #10 Exhibit 10 - Black Dep. Transcript Excerpts, #11 Exhibit 11 - Ellis Dep. Transcript Excerpts, #12 Exhibit 12 - Sanders Dep. Transcript Excerpts, #13 Exhibit 13 - Begay Declaration, #14 Exhibit 14 - Lindgren Declaration, #15 Exhibit 15 - Parrish Declaration, #16 Exhibit 16 - Robinson Declaration, #17 Exhibit 17 - Tucker Declaration, #18 Exhibit 18 - Walters Declaration, #19 Exhibit 19 - Williams Declaration, #20 Exhibit 20 - Wallace Declaration, #21 Exhibit 21 - Boggs Declaration, #22 Exhibit 22 - Equipment Agreement, #23 Exhibit 23 - Handbook Acknowledgment, #24 Exhibit 24 - Professional Safety Agreement, #25 Exhibit 25 - Department of Labor Opinion Letter FLSA2018-18, #26 Exhibit 26 - Department of Labor Opinion Letter FLSA2020-16, #27 Exhibit 27 - PLG Family Time Policy, #28 Exhibit 28 - Claybough Paystubs, #29 Exhibit 29 - Claybough Vericlock Records)(Draher, Shannon) Modified on 2/3/2023 to add document link (TPS).
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Filing 122
BRIEF/MEMORANDUM in Support re #121 MOTION for Summary Judgment , filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Norwillo, Vincent)
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Filing 121
MOTION for Summary Judgment , filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Attachments: #1 Exhibit Exh. A-John Black Dep. Excerpts, #2 Exhibit Exh. B-Ryan Ellis Dep. Excerpts, #3 Exhibit Exh. C-Stephanie Sanders 9-16-22 Dep. Excerpts)(Norwillo, Vincent)
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Filing 120
Statement of Defenses to Prove at Trial by PROFESSIONAL LABOR GROUP, LLC. (Morse, John)
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Filing 119
Statement of Claims for Trial Against Defendant Professional Labor Group, LLC by JAMES WALTERS. (Draher, Shannon)
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Filing 118
REPORT on the Status of Discovery (SUPPLEMENTAL) by JAMES WALTERS. (Draher, Shannon)
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Filing 117
Witness List Final, filed by Defendant PROFESSIONAL LABOR GROUP, LLC, Exhibit List Final, filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Morse, John)
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Filing 116
Exhibit List and Witness List (FINAL), filed by Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 115
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 11/10/2022. Parties discussed status of discovery. Plaintiff was authorized to file motion to compel regarding discovery production format issue raised in second bullet point of section 3 of parties' 11/8/2022 Supplemental Joint Report on Status of Discovery ( #113 at 3), if parties are unable to resolve that dispute with Court's guidance. Parties were again reminded that all discovery must be completed by 12/28/2022. ( #108 at 2.) Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 113
REPORT on the Status of Discovery (SUPPLEMENTAL) by JAMES WALTERS. (Draher, Shannon)
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Filing 112
NOTICE of Expert Disclosure, filed by Plaintiff JAMES WALTERS (Attachments: #1 Exhibit 1 - Expert CV) (Draher, Shannon)
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Filing 111
ORDER STRIKING EXPERT REPORT - Federal Rule of Civil Procedure 5(d)(1) and Local Rule 26-2 prohibit the filing of discovery materials except when filed in relation to a motion under Fed R. Civ P. 26(c) or 37, in anticipation of use at trial or on appeal, or in response to a court order. Instead, routine discovery must be served on opposing parties. The approved Case Management Plan as amended required the disclosure of expert information, but did not authorize the filing of that information. [Dkts. 36, 81, 92, & 108 at III(F).] Counsel for Plaintiff filed the actual report of Plaintiff's expert, Dr. Cavazos. Therefore, the Court STRIKES Plaintiff's expert report. [Dkt. 110-1.] The Clerk is directed to show Docket No. 110-1 as stricken from the docket. Signed by Magistrate Judge Mark J. Dinsmore on 11/8/2022.(SWM)
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Filing 110
NOTICE of Expert Disclosure and Report, filed by Plaintiff JAMES WALTERS (Attachments: #1*** STRICKEN PER DKT. NUMBER #111 *** Exhibit 1 - Expert Report) (Draher, Shannon) Modified on 11/8/2022 (SWM).
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Filing 109
ORDER granting in part and denying in part Defendant's #99 Verified Motion to Quash - The deposition OF Norwillo on the advice of counsel defense may not proceed unless and until Tradesman International waives the privilege. Of course, it is possible that Tradesman International could change its position (assuming it has been asked to take a position) and waive the privilege; Defendant is given until November 16, 2022, to ascertain whether that is the case. If Tradesman International does not waive the privilege by that date, Defendant will be BARRED from offering testimony or other evidence relating to any advice of counsel provided to Tradesman International. If Tradesman International does waive the privilege by that date, then Norwillo shall appear for a deposition on or before December 9, 2022. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2022. (SWM)
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Filing 108
ORDER granting Plaintiff's #90 Motion for Extension of Time to File Expert Disclosure and Report - The approved Case Management Plan as amended [Dkts. 36, 81, & 92] is further amended as follows (see Order for established deadlines). No further enlargement of the above deadlines will be granted. Any request for sanctions contained within Plaintiff's motion for enlargement is denied without prejudice to its resubmission in a proper motion. Signed by Magistrate Judge Mark J. Dinsmore on 10/28/2022.(SWM)
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Filing 107
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Hearing held on 10/28/2022 re #90 Plaintiff's Motion for Extension to File Expert Disclosure and Report & #99 Defendant's Verified Motion to Quash. Argument was heard. Motions were taken under advisement & separate orders thereon will issue. Telephonic Status Conference remains set for 11/10/2022 at 10:30 AM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 11/8/2022. ( #92 at 2.) *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 106
RESPONSE in Opposition re #99 MOTION to Quash (Verified) , filed by Plaintiff JAMES WALTERS. (Attachments: #1 Exhibit A - Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Defendant, #2 Exhibit B - Defendant's Answers and Objections to Plaintiff's First Set of Interrogatories, #3 Exhibit C - Notice of Deposition, #4 Exhibit D - Excerpts from 30(b)(6) Deposition, #5 Exhibit E - Subpoena Issued to The Law Offices of Vincent T. Norwillo, LLC, #6 Exhibit F - Archer Daniels Midland Company v. Soymet 101, LLC)(Draher, Shannon)
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Filing 105
SCHEDULING ORDER: This matter comes before the Court on #90 Plaintiff's Motion for Extension to File Expert Disclosure and Report and #99 Defendant's Verified Motion to Quash [Dkt. 99]. Those motions are set for an In Person Hearing on 10/28/2022 at 2:30 PM (Esatern Time) in Courtroom 243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Plaintiff is ordered to appear by his counsel Shannon M. Draher, and Defendant is ordered to appear by its counsel Vincent T. Norwillo. Signed by Magistrate Judge Mark J. Dinsmore on 10/24/2022. (GD)
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Filing 104
ORDER VACATING SHOW CAUSE HEARING: The Court, sua sponte, herby VACATES the October 25, 2022 show cause hearing scheduled in this matter. (Dkt. #96 .) Signed by Magistrate Judge Mark J. Dinsmore on 10/24/2022. (GD)
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Filing 103
EXHIBIT re #101 Notice (Other) Amended Declaration of Shannon M. Draher by JAMES WALTERS. (Draher, Shannon)
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Filing 102
EXHIBIT re #101 Notice (Other) Amended Declaration of Jennifer S. Doll by JAMES WALTERS. (Draher, Shannon)
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Filing 101
NOTICE of Response to Defendant's Request to Cancel Show Cause Hearing, filed by Plaintiff JAMES WALTERS (Attachments: #1 Exhibit Declaration of Shannon M. Draher, #2 Exhibit Declaration of Jennifer S. Doll) (Draher, Shannon)
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Filing 100
REPLY in Support of Motion re #90 MOTION for Extension of Time to 11/7/2022 to File Expert Disclosure and Report , filed by Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 99
MOTION to Quash (Verified), filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Morse, John)
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Filing 98
NOTICE , filed by Defendant PROFESSIONAL LABOR GROUP, LLC, re #89 Order on Motion to Compel. (Morse, John)
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Filing 97
RESPONSE in Opposition re #90 MOTION for Extension of Time to 11/7/2022 to File Expert Disclosure and Report Professional Labor Group, LLC's Opposition to Representative Plaintiff's Motion for Extension of Time to File Expert Disclosure and Report, filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Norwillo, Vincent)
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Filing 96
ORDER TO SHOW CAUSE HEARING: On 10/13/2022, the Court granted Plaintiff's motion to compel and ordered in relevant part: Defendant shall complete its production of the promised documents listed above by no later than 10/18/2022, and shall certify to the Court by that date that the production is complete. ( #89 at 3.) On 10/19/2022, the Court granted Defendant's motion to enlarge the deadline to 10/20/2022. ( #95 .) Defendant has failed to comply with the Court's order. Accordingly, Defendant shall appear in open court by counsel and either its chief executive order or its chief financial officer on 10/25/2022 at 2:00 p.m. (Eastern Time) in Courtroom 243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana, to show cause why Defendant should not be sanctioned for failing to comply with the Court's Orders. ( #89 & #95 .) Failure to appear as ordered may result in sanctions. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 10/21/2022. (GD)
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Filing 95
ORDER: This matter is before the Court on #94 Defendant's Motion to Extend Production Deadline. The motion is GRANTED. On or before 10/20/2022, Defendant shall complete its production of documents and certify to the Court that production is complete as required by Docket No. #89 . Signed by Magistrate Judge Mark J. Dinsmore on 10/19/2022. (GD)
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Filing 94
MOTION for Extension of Time to 10/20/2022 in which to #89 Order on Motion to Compel , filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Attachments: #1 Text of Proposed Order)(Morse, John)
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Filing 93
Submission of Proposed Order , re #90 MOTION for Extension of Time to 11/7/2022 to File Expert Disclosure and Report, filed by Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 91
EXHIBIT re #90 MOTION for Extension of Time to 11/7/2022 to File Expert Disclosure and Report by JAMES WALTERS. (Draher, Shannon)
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Filing 90
MOTION for Extension of Time to 11/7/2022 to File Expert Disclosure and Report, filed by Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 92
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/13/2022. Parties discussed status of discovery. Defendant/Vincent T. Norwillo shall file any motion to quash/for protective order with regard to Plaintiff's subpoenas to Mr. Norwillo on or before 10/21/2022; Plaintiff shall respond to such motion on or before 10/25/2022, and Defendant/Mr. Norwillo shall file any reply in support of the motion on or before 10/27/2022. In light of current status of discovery, and Court's ruling on Plaintiff's motion to compel, the Court sua sponte further amends Section III of approved Case Management Plan as amended ( #36 & [ 81]). No further enlargement of deadlines will be granted. In addition, parties are ordered to cooperate in discovery to ensure that expert discovery and depositions are completed in compliance with 12/9/2022 deadline to complete all discovery will not be enlarged. Telephonic Status Conference set for 11/10/2022 at 10:30 AM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 11/8/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) Modified on 10/21/2022 (GD).
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Filing 89
ORDER ON MOTION TO COMPEL: This matter is before the Court on #83 Representative Plaintiff James Walters' Motion to Compel Production of Documents. For the reasons set forth, the motion is GRANTED. Defendant shall complete its production of the promised documents listed above by no later than 10/18/2022, and shall certify to the Court by that date that the production is complete. The failure to do so will subject Defendant to sanctions pursuant to Federal Rule of Civil Procedure 37(b)(2). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 10/13/2022. (GD)
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Filing 88
REPLY in Support of Motion re #83 MOTION to Compel Production of Documents and Expedited Briefing Schedule , filed by Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 87
STATUS REPORT Supplemental Joint Report on the Status of Discovery by PROFESSIONAL LABOR GROUP, LLC. (Norwillo, Vincent)
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Filing 86
OBJECTION by PROFESSIONAL LABOR GROUP, LLC. Related document: #83 MOTION to Compel Production of Documents and Expedited Briefing Schedule filed by JAMES WALTERS. (Attachments: #1 Exhibit A)(Morse, John)
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Filing 85
SCHEDULING ORDER - This matter comes before the Court on Plaintiff's Motion to Compel Production of Document and Expedited Briefing Schedule. [Dkt. 83.] Any response to the Motion is due on or before October 11, 2022. Any reply in support of the Motion is due on or before October 12, 2022. Signed by Magistrate Judge Mark J. Dinsmore on 10/7/2022. (SWM)
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Filing 83
MOTION to Compel Production of Documents and Expedited Briefing Schedule, filed by Plaintiff JAMES WALTERS. (Attachments: #1 Exhibit 1 - Declaration of Shannon M. Draher with Exhibits A-G)(Draher, Shannon)
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Filing 82
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 10/5/2022. Plaintiff was authorized to file motion to compel Defendant's responses to Plaintiff's discovery requests. Telephonic Status Conference set for 10/13/2022 #77 remains on calendar as scheduled. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 81
ORDER granting in part and denying in part Plaintiff's #80 Motion for Extension of Time to File Expert Reports - Section III of the approved Case Management Plan [Dkt. 36 at 3] is hereby amended as follows (see Order for established deadlines). All other requirements of the approved Case Management Plan [Dkt. #36 ] remain in effect. No further enlargement of the above deadlines will be granted. In addition, the parties are ordered to cooperate in discovery to ensure that expert discovery and depositions are completed in compliance with the December 9, 2022 deadline to complete all discovery [Dkt. 36 at 5], which deadline will not be enlarged by the Court. Signed by Magistrate Judge Mark J. Dinsmore on 9/28/2022. (SWM)
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Filing 80
MOTION for Extension of Time to 11/23/2022 to File Expert Reports, filed by Plaintiff JAMES WALTERS. (Attachments: #1 Text of Proposed Order)(Draher, Shannon)
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Filing 79
NOTICE of Appearance by Hans A. Nilges on behalf of Plaintiff JAMES WALTERS. (Nilges, Hans)
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Filing 78
NOTICE of Withdrawal of Appearance by Christopher J. Lalak on behalf of JAMES WALTERS (Lalak, Christopher)
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Filing 77
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/14/2022. Parties discussed status of discovery. Parties were again reminded that all discovery closes on 12/9/2022 ( #36 at 5) & Court does not intend to further enlarge that deadline. Telephonic Status Conference set for 10/13/2022 at 4:30 PM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 10/11/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 75
REPORT on the Status of Discovery (SUPPLEMENTAL) by JAMES WALTERS. (Draher, Shannon)
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Filing 74
NOTICE of Substitution of Appearance by Christopher Lalak replacing Jeffrey J. Moyle on behalf of JAMES WALTERS (Lalak, Christopher)
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Filing 73
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Status Conference held on 8/17/2022. Parties discussed status of discovery. Parties were again reminded that all discovery closes on 12/9/2022 ( #36 at 5) & Court does not intend to further enlarge that deadline. Telephonic Status Conference set for 9/14/2022 at 4:00 PM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 9/12/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) Modified on 9/2/2022 (GD).
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Filing 72
REPORT on the Status of Discovery (SUPPLEMENTAL) by JAMES WALTERS. (Draher, Shannon)
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Filing 71
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 7/22/2022. Parties discussed a number of discovery issues. In-Person Status Conference set for 8/17/2022 at 10:30 AM (Eastern Time) in Courtroom #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana to discuss parties' Supplemental Joint Report on Status of Discovery due 8/15/2022, by which date parties shall email to MJDinsmore@insd.uscourts.gov copies of any discovery requests & responses with regard to which disputes remain. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 69
JOINT REPORT on the Status of Discovery by PROFESSIONAL LABOR GROUP, LLC. (Morse, John) Modified on 7/20/2022 (JDC).
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Filing 68
ORDER: The parties' Joint Motion to Continue Telephonic Status Conference [Dkt 67] is GRANTED. The 7/13/2022 Telephonic Status Conference is CONTINUED 7/22/2022 at 11:00 AM (Eastern Time). By 7/20/2022, parties shall meet and confer with regard to any pending discovery disputes so that the conference with the Magistrate Judge required by Local Rule 37-1 can be conducted during the 7/22/2022 status conference if necessary. In addition, the parties shall jointly file a Joint Report on the Status of Discovery by 7/19/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 7/11/2022. (GD)
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Filing 67
Joint MOTION for Continuance of Telephonic Status Conference, filed by Plaintiff JAMES WALTERS. (Attachments: #1 Text of Proposed Order)(Draher, Shannon)
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Filing 66
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Settlement Conference held on 7/6/2022. Settlement was not achieved. On or before 7/11/2022, parties shall meet and confer with regard to any pending discovery disputes so that conference with the Magistrate Judge required by Local Rule 37-1 can be conducted during 7/13/2022 status conference if necessary. Telephonic Status Conference set for 7/13/2022 at 10:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 65
Scheduling Order-In order to allow the Court to more efficiently and effectively manage the conduct of discovery in this matter, on or before July 11, 2022, the parties shall jointly file a "Joint Report on the Status of Discovery". Signed by Magistrate Judge Mark J. Dinsmore on 7/6/2022 (SEE ORDER)(CBU)
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Filing 64
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/6/2022. Parties discussed status of discovery & readiness for upcoming settlement conference. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 62
AMENDED SCHEDULING ORDER: This matter is currently set for an in-person Settlement Conference on Wednesday, July 6, 2022 at 1:00 p.m. (Eastern). The Court, sua sponte, hereby CONVERTS the settlement conference from in person to telephonic; all other requirements of the Court's Order scheduling the settlement conference [Dkt. #35 ] remain in effect, and all persons required to appear thereby shall appear by telephone for the settlement conference via call-in information to be separately provided. Signed by Magistrate Judge Mark J. Dinsmore on 5/24/2022.(SWM)
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Filing 61
NOTICE of Filing of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 60
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/4/2022. Parties discussed status of discovery. Telephonic Status Conference set for 6/6/2022 at 2:00 PM (Eastern Time) to discuss parties' readiness for upcoming settlement conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 58
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 57
AMENDED SCHEDULING ORDER (TIME ONLY): This matter is currently set for a Telephonic Status Conference on Wednesday, May 4, 2022 at 2:00 p.m. The Court, sua sponte, hereby changes the time to 9:30 a.m. (Eastern) on that same date. All other requirements of the Court's Order scheduling the conference [Dkt. #54 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 4/25/2022.(SWM)
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Filing 56
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Envelope A - Consent Forms) (Draher, Shannon)
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Filing 55
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 53
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 54
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/5/2022. Parties discussed status of discovery. Telephonic Status Conference set for 5/4/2022 at 2:00 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 52
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 50
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 49
TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - This cause is hereby set for a Jury Trial before Judge James R. Sweeney II on October 10, 2023 at 9:00 a.m. (EDT) in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. A Final Pretrial Conference is also set for September 21, 2023 at 9:00 a.m. (EDT) in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge James R. Sweeney II on 3/24/2022.(JDC)
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Filing 48
NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 46
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 47
MARGINAL ENTRY #45 - ACKNOWLEDGED NOTICE OF WITHDRAWAL OF CONSENT TO JOIN FORM Filing Signed by Judge James R. Sweeney II on 3/11/2022.(JDC)
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Filing 45
***WITHDRAWN PER ENTRY DKT. #47 ***NOTICE of Filing Withdrawal of Consent to Join Form by JAMES WALTERS (Draher, Shannon) Modified on 3/14/2022 (JDC).
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Filing 44
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 43
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/3/2022. Parties discussed status of discovery. Court sua sponte amends paragraph III(A) of approved Case Management Plan ( #36 at 2). Court sua sponte orders parties to supplement their responses to any discovery previously responded to by 3/25/2022. Parties are ordered to further supplement all discovery responses with regard to any party that joins this matter within 21 days of joinder. With parties' agreement, Court hereby amends page 3 of its order scheduling 7/6/2022 settlement conference ( #35 at 1-5). Court further relieves Defendant of requirement to provide Magistrate Judge with good faith basis for its response as set forth on pages 3-4 of Dkt. No. #35 . Telephonic Status Conference set for 4/5/2022 at 11:30 AM (Eastern Time). *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 41
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 40
Witness List and Exhibit List (Preliminary), filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Morse, John)
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Filing 39
ORDER granting #37 JOINT Motion for an Order Approving Stipulation of Conditional Certification. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Judge James R. Sweeney II on 1/20/2022. (JDC)
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Filing 38
Witness List and Exhibit List (Preliminary), filed by Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 37
Joint MOTION for an Order Approving Stipulation of Conditional Certification, filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Morse, John)
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Filing 36
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 12/9/2022. Dispositive Motions due by 1/6/2023. Parties' Joint Motion for Conditional Certification of Collective Class due by 1/12/2022. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 1/7/2022. (GD)
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Filing 35
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 1/6/2022. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 3/3/2022 at 11:30 AM (Eastern Time). Settlement Conference set for 7/6/2022 at 1:00 PM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 34
ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 1/6/2022.(SWM)
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Filing 33
Proposed CASE MANAGEMENT PLAN TENDERED, filed by Defendant PROFESSIONAL LABOR GROUP, LLC . (Morse, John)
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Filing 31
NOTICE of Filing of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 30
MARGINAL ENTRY - ACKNOWLEDGED NOTICE OF WITHDRAWAL OF CONSENT TO JOIN FORM WITHOUT PREJUDICE re #29 Notice (Other) Signed by Judge James R. Sweeney II on 12/17/2021.(JDC)
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Filing 29
***WITHDRAWN PER ENTRY DKT. #30 ***NOTICE OF WITHDRAWAL OF CONSENT TO JOIN FORM, filed by Plaintiff JAMES WALTERS (Draher, Shannon) Modified on 12/17/2021 (JDC).
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Filing 28
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 27
NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 26
ORDER granting #18 Motion to Appear pro hac vice. Attorney Vincent T. Norwillo for PROFESSIONAL LABOR GROUP, LLC added. Signed by Magistrate Judge Mark J. Dinsmore on 12/10/2021. (SWM)
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Filing 25
SCHEDULING ORDER: Initial Pretrial Conference set for 1/6/2022 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. 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. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 12/10/2021.(SWM)
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Filing 24
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 23
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 22
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 21
ANSWER and Affirmative and Other Defenses, filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Morse, John)
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Filing 20
Submission of Proposed Order , re #18 MOTION for Attorney(s) Vincent T. Norwillo to Appear pro hac vice (Filing fee $100, receipt number AINSDC-6871588), filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Morse, John)
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Filing 19
NOTICE of Filing of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 18
MOTION for Attorney(s) Vincent T. Norwillo to Appear pro hac vice (Filing fee $100, receipt number AINSDC-6871588), filed by Defendant PROFESSIONAL LABOR GROUP, LLC. (Attachments: #1 Supplement Exhibit A - Certification)(Morse, John)
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Filing 17
NOTICE of Appearance by John Joseph Morse on behalf of Defendant PROFESSIONAL LABOR GROUP, LLC. (Morse, John)
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Filing 16
NOTICE of Filing of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 15
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 14
NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Forms) (Draher, Shannon)
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Filing 13
NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 12
NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 11
NOTICE of Appearance by Jeffrey Moyle on behalf of Plaintiff JAMES WALTERS. (Moyle, Jeffrey)
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Filing 10
NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 9
NOTICE of Filing of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 8
RETURN of Personal Service, filed by JAMES WALTERS. PROFESSIONAL LABOR GROUP, LLC served on 11/16/2021., RETURN of Service, filed by JAMES WALTERS. PROFESSIONAL LABOR GROUP, LLC served on 11/16/2021. (Draher, Shannon)
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Filing 7
NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by JAMES WALTERS (Attachments: #1 Exhibit A - Consent Form) (Draher, Shannon)
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Filing 6
PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (JDC)
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Filing 5
Summons Issued as to PROFESSIONAL LABOR GROUP, LLC. (AKH)
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Filing 4
NOTICE of Appearance by Shannon M. Draher on behalf of Plaintiff JAMES WALTERS. (Draher, Shannon)
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Filing 3
NOTICE of Appearance by Hans A. Nilges on behalf of Plaintiff JAMES WALTERS. (Nilges, Hans)
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Filing 2
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
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Filing 1
COMPLAINT against Professional Labor Group, LLC, filed by James Walters. (Filing fee $402, receipt number AINSDC-6836585) (Attachments: #1 Exhibit 1 - Consent Form, #2 Civil Cover Sheet, #3 Summons)(Draher, Shannon)
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