HARRIS v. THE ANTHEM COMPANIES, INC.
| ASHLEY HARRIS and LITA FILLIPO |
| ANTHEM COMPANIES, INC. and THE ANTHEM COMPANIES, INC. |
| 1:2022cv00002 |
| January 3, 2022 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| 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 August 11, 2023. A more recent docket listing may be available from PACER.
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Filing 119
NOTICE of Objections to Plaintiff's Counsel's Declaration Submitted With Conditional Certification Reply and Motion for Leave to File Surreply, filed by Defendant THE ANTHEM COMPANIES, INC., re #115 Affidavit in Support, #114 Reply in Support of Motion. (Attachments: #1 Declaration of Jaime Raba) (Bartlett, Brett) Modified on 1/3/2023 - deleted duplicate docket text (AKH).
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Filing 118
Receipt of one Flash Drive re #116 NOTICE of Manual Filing Exhibits W and X appended to Plaintiff's Reply to Motion for Conditional Collective Certification re #115 Affidavit in Support, filed by ASHLEY HARRIS (Lee, C.K.) (Attachments: #1 Scanned image of flash drive, #2 Envelope) (JSR)
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Filing 117
MOTION to Seal Document #116 NOTICE of Manual Filing Exhibits W and X, filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Text of Proposed Order)(Lee, C.K.)
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Filing 116
NOTICE of Manual Filing Exhibits W and X appended to Plaintiff's Reply to Motion for Conditional Collective Certification re #115 Affidavit in Support, filed by ASHLEY HARRIS (Lee, C.K.)
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Filing 115
DECLARATION OF ROBERT A. KANSAO, filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Exhibit V)(Kansao, Robert) Modified on 12/13/2022 - Updated dkt. text to match document title. (JSR).
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Filing 114
REPLY in Support of Motion re #85 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiff ASHLEY HARRIS. (Lee, C.K.)
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Filing 113
ORDER VACATING AND CONTINUING TELEPHONIC STATUS CONFERENCES - The Court, sua sponte, hereby VACATES the telephonic status conference previously scheduled for December 15, 2022. [Dkt. 102.] In light of the Court's stay of certain proceedings [Dkt. 112], the Court, sua sponte, hereby CONTINUES the January 11, 2023 telephonic status conference [Dkt. 111] to Wednesday, March 29, 2023 at 11:30 a.m. (Eastern). The parties' next Supplemental Joint Report on the Status of Discovery is now due March 27, 2023. Signed by Magistrate Judge Mark J. Dinsmore on 12/7/2022.(SWM)
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Filing 112
ORDER - Anthem's Motion to Dismiss, #35 , is DENIED. Anthem's Motion for Judgment on the Pleadings, #83 , remains UNDER ADVISEMENT. Ms. Harris's Motion to Stay, #94 , is GRANTED in part, and this case is STAYED for 90 days from the date of this Order with the exception of the briefing on motions set forth. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/7/2022. (JSR)
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Filing 111
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 12/2/2022. Settlement was not achieved. Telephonic Status Conference set for 1/11/2023 at 10:30 AM (Eastern Time) to discuss parties' Supplemental Joint Discovery Status Reports due 12/12/2022 & 1/9/2023. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 110
ORDER - This matter is before the Court on Plaintiff's Motion to Extend Time to File Plaintiff's [Reply in Support of] Class and Collective Motions. [Dkt. #99 .] Defendant has filed a Response in Opposition to Plaintiff's Motion for Extension of Time [Dkt. #101 ], and Plaintiff has filed a Reply [Dkt. #105 ]. The Court, being duly advised, hereby GRANTS the Motion [Dkt. #99 ]. On or before December 12, 2022, Plaintiff shall file a Reply in Support of Plaintiff's Motion for Conditional Collective Certification [Dkt. #85 ]. No further enlargement of this deadline will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 11/29/2022. (AKH)
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Filing 109
DECLARATION of Robert A. Kansao re #108 by ASHLEY HARRIS. (Attachments: #1 Exhibit A)(Kansao, Robert) Modified on 11/29/2022 - Linked to dkt. 108 (JSR).
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Filing 108
REPLY in Support of Motion re #94 MOTION to Stay Case Pending Amendment of Plaintiff's Bankruptcy Filings , filed by Plaintiff ASHLEY HARRIS. (Lee, C.K.)
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Filing 107
REPLY in Support of Motion re #93 MOTION to Compel Discovery , filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Exhibit E)(Lee, C.K.)
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Filing 106
ORDER - granting #89 Motion to Compel Plaintiff's Deposition Testimony; The parties shall confer and schedule Plaintiff's deposition to occur, in person, within 21 days of the Court's ruling on the pending motion to stay or, if that motion is granted, within 21 days of the lifting of the stay. Signed by Magistrate Judge Mark J. Dinsmore on 11/28/2022. (CKM)
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Filing 105
REPLY in Support of Motion re #99 MOTION for Extension of Time to File Reply to December 12, 2022 re #85 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiff ASHLEY HARRIS. (Lee, C.K.)
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Filing 104
RESPONSE in Opposition re #93 MOTION to Compel Discovery , filed by Defendant THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 103
RESPONSE in Opposition re #94 MOTION to Stay Case Pending Amendment of Plaintiff's Bankruptcy Filings , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Exhibit A - Williams Doc 67, #2 Exhibit B - Williams Doc 70, #3 Exhibit C - Williams Doc 85, #4 Exhibit D - Thomas Doc 13, #5 Exhibit E - Thomas Doc 11)(Bartlett, Brett)
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Filing 102
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Status / Discovery Conference held on 11/18/2022. Court & parties discussed status of discovery & several pending discovery disputes. Telephonic Status Conference set for 12/15/2022 at 10:00 AM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 12/22/2022. Absent further order, settlement conference will proceed as scheduled on 12/2/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 101
RESPONSE in Opposition re #99 MOTION for Extension of Time to File Reply to December 12, 2022 re #85 MOTION to Certify Class (Conditional Collective Certification) , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Exhibit A - Email Exchange Confirming Deposition, #2 Exhibit B - Email From B. Bartlett to Plaintiff's Counsel, #3 Exhibit C - Email Exchange Between Counsel, #4 Exhibit D - November 11 Email Exchange Between Counsel)(Bartlett, Brett)
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Filing 100
REPLY in Support of Motion re #83 MOTION for Judgment on the Pleadings Based on Failure to Disclose Lawsuit in Bankruptcy , filed by Defendant THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 99
MOTION for Extension of Time to File Reply to December 12, 2022 re #85 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lee, C.K.)
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Filing 98
DECLARATION of Rhonda Perez re #96 Response in Opposition to Motion by THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 97
DECLARATION of Jaime Raba re #96 Response in Opposition to Motion by THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 96
RESPONSE in Opposition re #85 MOTION to Certify Class (Conditional Collective Certification) , filed by Defendant THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 95
STATUS REPORT re: Discovery, Jointly Filed by ASHLEY HARRIS. (Lee, C.K.)
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Filing 94
MOTION to Stay Case Pending Amendment of Plaintiff's Bankruptcy Filings, filed by Plaintiff ASHLEY HARRIS. (Lee, C.K.)
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Filing 93
MOTION to Compel Discovery, filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Defendant's Supplemental Responses to Plaintiff's Requests, #3 Exhibit C - Defendant's Initial Disclosures, #4 Exhibit D - Portion of Defendant's SEC Filing)(Lee, C.K.)
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Filing 92
SUBSTITUTED DECLARATION of C.K. LEE re #85 Motion to Certify Class and #87 Declaration of C.K. LEE, filed by ASHLEY HARRIS. (SWM)
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Filing 91
ORDER - This matter is before the Court on Plaintiff's Motion to Withdraw and Refile the Declaration of C.K. Lee. [Dkt. #88 ]. The Court, being duly advised, hereby GRANTS the motion. The Clerk is directed to show that Docket No. 87 (main) is WITHDRAWN and substituted by the Declaration of C.K. Lee filed at Docket No. 88-1. Signed by Magistrate Judge Mark J. Dinsmore on 11/7/2022. (SWM)
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Filing 90
BRIEF/MEMORANDUM in Support re #89 MOTION to Compel Plaintiff's Deposition Testimony , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Affidavit Declaration of Brett Bartlett, #2 Exhibit A - Meet and Confer Correspondence, #3 Exhibit B - Portions of Transcript, #4 Text of Proposed Order)(Bartlett, Brett)
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Filing 89
MOTION to Compel Plaintiff's Deposition Testimony, filed by Defendant THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 88
MOTION to Withdraw #87 Declaration and Re-File, filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Exhibit A - Declaration of C.K. Lee (with Correct Caption))(Lee, C.K.)
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Filing 87
*** WITHDRAWN PER DKT. NO. #91 SEE DKT. NO. 92 FOR SUBSTITUTED DECLARATION *** DECLARATION of C.K. Lee in support of Motion re #85 Motion to Certify Class, #86 Brief/Memorandum in Support by ASHLEY HARRIS. (Attachments: #1 Exhibit A - Plaintiff's Punch Reocrds, #2 Exhibit B Example Punch-time from Covered Employees, #3 Exhibit C Employee ID 1473036 Punch-In and Out Records, #4 Exhibit D Defendants Failure to Record any Hours of Covered Employees, #5 Exhibit E Example Pay Records of Covered Employees, #6 Exhibit F Meal Break Clock-In, #7 Exhibit G Off-the-Clock Emails Sent by Plaintiff, #8 Exhibit H Plaintiffs PMIS Records, #9 Exhibit I Defendants Log-in Policies, #10 Exhibit J Defendants Common Wage Policies, #11 Exhibit K Plaintiff HARRISs paystubs, #12 Exhibit L Nationwide Membership Representatives Job Description, #13 Exhibit M Singular Job Listings for Positions in Multiple States, #14 Exhibit N Anthem Common Career Page, #15 Exhibit O Deposition Transcript of Plaintiff HARRIS, #16 Exhibit P Deposition Transcript of Sharon Gravens, #17 Exhibit Q Nationwide Quotas for Covered Employees, #18 Exhibit R Defendants Letter to the Court, #19 Exhibit S Example Records from Further Covered Employees, #20 Exhibit T Defendants Initial Disclosures, #21 Exhibit U Proposed Notice to Collective and Proposed Consent to Sue)(Lee, C.K.) Modified on 11/7/2022 (SWM).
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Filing 86
BRIEF/MEMORANDUM in Support re #85 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiff ASHLEY HARRIS. (Lee, C.K.)
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Filing 85
MOTION to Certify Class (Conditional Collective Certification), filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Exhibit 1 - Proposed Order)(Lee, C.K.)
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Filing 84
BRIEF/MEMORANDUM in Support re #83 MOTION for Judgment on the Pleadings Based on Failure to Disclose Lawsuit in Bankruptcy , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Exhibit A - Chapter 13 Voluntary Petition, #2 Exhibit B - Docket Report, #3 Exhibit C - Chapter 13 Plan, #4 Exhibit D - Chapter 13 Confirmation Order, #5 Text of Proposed Order)(Bartlett, Brett)
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Filing 83
MOTION for Judgment on the Pleadings Based on Failure to Disclose Lawsuit in Bankruptcy, filed by Defendant THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 82
ANSWER to #76 Amended Complaint , filed by THE ANTHEM COMPANIES, INC..(Bartlett, Brett)
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Filing 81
AMENDED SCHEDULING ORDER (LOCATION ONLY) - The Settlement Conference currently set for Friday, December 2, 2022 at 9:00 a.m. (Eastern), in Room 257, will instead take place in Room 277, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. This is a location change only. All other requirements of the Court's Order scheduling the conference [Dkt. #25 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 10/25/2022.(SWM)
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Filing 80
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Discovery Conference held on 10/24/2022. Parties discussed status of discovery. Plaintiff was authorized to file motion to compel responses to any of its previously served discovery requests to which Plaintiff believes Defendant's responses remain deficient. Defendant was authorized to move to compel second deposition of Plaintiff in light of filing of Plaintiff's Third Amended Complaint. In-Person Status / Discovery Conference set for 11/17/2022 at 1:00 PM (Eastern Time) in Courtroom #272, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana, to discuss parties' next Supplemental Joint Report on Status of Discovery due 11/14/2022. To extent parties' next Supplemental Joint Report on Status of Discovery identifies any discovery disputes, parties must satisfy their meet-and-confer requirements required by Local Rule 37-1 on or before 10:00 AM (Eastern Time) on 11/15/2022. If after conducting proper meet-and-confer parties are able to resolve their disputes, then by 2:00 PM (Eastern Time) on 11/15/2022, parties shall contact Court to request that conference be vacated. On or before 4:00 PM (Eastern Time) on 11/15/2022, parties are to email Court at MJDinsmore@insd.uscourts.gov, with copy to each other, a brief outline of the disputes, their respective positions on issue(s), discovery requests and responses at issue (if any), and any other documents they would like Court to review in advance of conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 79
SCHEDULING ORDER: The Court, sua sponte, hereby VACATES the October 19, 2022 Telephonic Status Conference previously scheduled in this matter. [Dkt. 65.] This matter is now set for an in-person Discovery Conference on Monday, October 24, 2022 at 10:30 a.m. (Eastern) in Courtroom 243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to address the discovery disputes outlined between the parties in their October 17, 2022 Supplemental Joint Report on the Status of Discovery. [Dkt.78 at 4-6.] The parties must satisfy their meet-and-confer requirements regarding the discovery disputes as required by Local Rule 37-1. See Loparex, LLC v. MPI Release Tech., LLC, No. 1:09-CV-1411-JMS-TAB, 2011 WL 1871167, at *5 (S.D. Ind. May 16, 2011) (holding that "the local rule contemplates an actual meeting with a date, time, and place--whether by telephone, videoconference, or (if counsel's location permits) preferably face-to-face"). Therefore, to the extent necessary to satisfy their meet-and-confer requirements, counsel for the parties are ordered to conduct a proper meet-and-confer regarding their disputes on or before 10:00 a.m. (Eastern) on October 20, 2022. If after conducting a proper meet-and- confer the parties are able to resolve their disputes, then by 2:00 p.m. (Eastern) on October 20, 2022, the parties shall contact the Court to request that the discovery conference be vacated. On or before 4:00 p.m. (Eastern) on October 20, 2022, the parties are to email the Court at MJDinsmore@insd.uscourts.gov, with a copy to each other, a brief outline of the disputes, their respective positions on the issue(s), the discovery requests and responses at issue (if any), and any other documents they would like the Court to review in advance of the conference. Signed by Magistrate Judge Mark J. Dinsmore on 10/18/2022.(SWM)
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Filing 78
STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by ASHLEY HARRIS. (Lee, C.K.)
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Filing 77
NOTICE Defendant's Certification of Document Production of October 14, 2022, filed by Defendant THE ANTHEM COMPANIES, INC., re #65 Status ConferenceSet Hearings. (Bartlett, Brett)
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Filing 76
AMENDED COMPLAINT (Third Amended Complaint) against THE ANTHEM COMPANIES, INC., filed by ASHLEY HARRIS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lee, C.K.)
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Filing 75
ORDER ON MOTION TO AMEND COMPLAINT: For the reasons set forth above, Plaintiff's Motion to Amend the Complaint, #67 , is GRANTED. On or before 10/14/2022, Plaintiff shall file her Third Amended Complaint, in substantially the same form as the proposed pleading found at Docket No. #67 -1. Defendant's pending motion to dismiss, #35 , will be DEEMED TO APPLY TO THE THIRD AMENDED COMPLAINT and to be fully briefed, unless Defendant chooses to file a timely motion to dismiss in response to the Third Amended Complaint. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 10/13/2022. (GD)
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Filing 74
NOTICE Defendant's Certification of Document Production, filed by Defendant THE ANTHEM COMPANIES, INC. (Bartlett, Brett)
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Filing 73
REPLY in Support of Motion re #67 MOTION to Amend/Correct the Second Amended Complaint at Dkt. 31 , filed by Plaintiff ASHLEY HARRIS. (Lee, C.K.)
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Filing 72
RESPONSE in Opposition re #67 MOTION to Amend/Correct the Second Amended Complaint at Dkt. 31 , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Exhibit A - Excerpts from Harris Deposition, #2 Exhibit B - Comparison of Latest Clock-out times and latest PMIS Entry Times, #3 Exhibit C - PMIS Entries)(Young, Kevin)
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Filing 71
ENTRY denying Defendant's #70 Motion to Vacate or Suspend Deadlines Set in Minute Order Dkt #65 . See Entry. Signed by Magistrate Judge Mark J. Dinsmore on 9/29/2022. (SWM)
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Filing 70
MOTION to Vacate #65 Status ConferenceSet Hearings Deadlines Set in Minute Order, filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Exhibit A - Deposition Transcript Pages)(Bartlett, Brett)
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Filing 69
SCHEDULING ORDER: This matter comes before the Court on #67 Plaintiff's Motion to Amend the Complaint. Defendant shall file any response to the motion on or before 10/3/2022. Plaintiff shall file any reply in support on the motion on or before 10/5/2022. Signed by Magistrate Judge Mark J. Dinsmore on 9/26/2022. (GD)
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Filing 68
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Hearing held on 9/23/2022 re #58 Plaintiff's Motion to Extend Time to File Plaintiff's Class and Collective Motions. For reasons discussed on hearing record, motion is hereby GRANTED IN PART & DENIED IN PART. Paragraph IV(E) of approved Case Management Plan ( #26 at 6) is hereby AMENDED. Deadlines will not be further enlarged. *SEE ORDER FOR AMENDED DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 67
MOTION to Amend/Correct the Second Amended Complaint at Dkt. 31, filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Exhibit Exhibit A - Proposed Redlined Complaint, #2 Exhibit Exhibit B - Plaintiff's Rounded Hours, #3 Exhibit Exhibit C - Activity Report, Compared to Clock-Out)(Lee, C.K.)
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Filing 64
RESPONSE to Motion re #58 MOTION for Extension of Time to file Plaintiff's Motions to Certify Collective/Class , filed by Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 65
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/8/2022. Parties discussed status of discovery. Defendant committed to production of Plaintiff & Rhonda Perez's remaining email by 9/16/2022. Defendant also committed to production deadlines set forth in Section II of parties' Supplemental Joint Report on Status of Discovery ( #60 at 2-3); accordingly, Court orders Defendant to produce all information articulated in paragraphs II(1), (3), (5), & (6) of parties' Supplemental Joint Report on Status of Discovery ( #60 at 2-3) by 10/7/2022, and to produce all information articulated in paragraph II(2) of parties' Supplemental Joint Report on Status of Discovery ( #60 at 2) by 10/14/2022, and to file certifications by those dates confirming that such production has been completed. Telephonic Status Conference set for 10/19/2022 at 12:00 PM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of discovery now due 10/17/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 63
NOTICE of Appearance by Jason Priebe on behalf of Defendant THE ANTHEM COMPANIES, INC.. (Priebe, Jason)
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Filing 62
SCHEDULING ORDER: This matter is before the Court on Plaintiffs' Motion to Extend Time to File Class and Collective Motions. [Dkt. #58 ]. Any response to the Motion is due on or before September 14, 2022. Any reply in support of the Motion is due on or before September 19, 2022. In addition, Plaintiffs' Motion [Dkt. 58] is set for a telephonic hearing on Friday, September 23, 2022 at 2:00 p.m. (Eastern). Counsel shall attend the hearing 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 9/7/2022.(SWM)
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Filing 61
UNIFORM STIPULATED PROTECTIVE ORDER #57 Approved as Amended and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 9/7/2022.(SWM)
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Filing 60
STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by ASHLEY HARRIS. (Kansao, Robert)
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Filing 58
MOTION for Extension of Time to file Plaintiff's Motions to Certify Collective/Class, filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Proposed Order)(Lee, C.K.)
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Filing 57
Joint MOTION for Protective Order , filed by Plaintiff ASHLEY HARRIS. (Attachments: #1 Uniformed Stipulated Protective Order)(Lee, C.K.)
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Filing 56
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Status Conference held on 8/11/2022. Parties discussed status of discovery. Plaintiffs were authorized to file motion to compel Defendant to identify its district & regional managers if parties are unable to resolve their dispute with guidance provided during conference. Telephonic Status Conference set for 9/8/2022 at 4:45 PM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 9/6/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 55
STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by ASHLEY HARRIS. (Lee, C.K.)
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Filing 54
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 7/22/2022. Parties discussed number of discovery issues. In-Person Status Conference set for 8/11/2022 at 11:30 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 8/8/2022. In advance of conference, parties are ordered to meet & Confer in effort to resolve pending discovery disputes. By 8/9/2022, parties shall email to MJDinsmore@insd.uscourts.gov copies of any discovery request & responses with regard to which disputes remain. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 52
TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - Final Pretrial Conference set for 11/16/2023 at 9:00 AM (Eastern Time) in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Jury Trial set for 12/11/2023 at 9:00 AM (Eastern Time) in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in the case management plan dkt. #26 . Counsel are further reminded to review the undersigned's Practices and Procedures, available at dkt. #9 . Signed by Judge Jane Magnus-Stinson on 7/19/2022.(JSR)
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Filing 51
AMENDED SCHEDULING ORDER: The Court, sua sponte, hereby CONTINUES the July 19, 2022 Telephonic Discovery Conference to Friday, July 22, 2022 at 9:30 a.m. (Eastern) to discuss all pending discovery disputes. In advance of the conference, the parties are ordered to meet and confer in an effort to resolve all pending discovery disputes. By no later than 2:00 p.m. (Eastern) on July 21, 2022, the parties shall e-mail to Magistrate Judge Dinsmore at MJDinsmore@insd.uscourts.gov copies of any discovery requests and responses with regard to which disputes remain. All other requirements of the Court's Order scheduling the conference [Dkt. #50 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 7/18/2022.(SWM)
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Filing 50
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 7/13/2022. Parties discussed status of discovery. Telephonic Discovery Conference set for 7/19/2022 at 4:30 PM (Eastern Time). In advance of conference, parties are ordered to meet and confer in an effort to resolve all pending discovery disputes. By 2:00 PM (Eastern Time) on 7/18/2022, parties shall e-mail to Magistrate Judge Dinsmore (at 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 48
STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by ASHLEY HARRIS. (Lee, C.K.)
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Filing 47
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/15/2022. Parties discussed status of discovery. Telephonic Status Conference set for 7/13/2022 at 11:00 AM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 7/11/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 46
STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by ASHLEY HARRIS. (Lee, C.K.)
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Filing 44
NOTICE of Appearance by Kevin Michael Young on behalf of Defendant THE ANTHEM COMPANIES, INC.. (Young, Kevin)
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Filing 43
REPLY in Support of Motion re #35 MOTION to Dismiss Count III of Plaintiff's Second Amended Complaint , filed by Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 42
ORDER - Having reviewed Defendant's Unopposed Motion for Extension of Time, and good cause appearing, it is hereby ORDERED AND ADJUDGED that the Defendant's Unopposed Motion for Extension of Time is GRANTED #41 , and that Defendant The Anthem Companies, Inc. shall have up to and including June 7, 2022 to reply in support of its Motion to Dismiss. Signed by Judge Jane Magnus-Stinson on 5/26/2022. (MRI)
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Filing 41
Unopposed MOTION for Extension of Time to File Reply to June 7, 2022 re #35 MOTION to Dismiss Count III of Plaintiff's Second Amended Complaint , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Haas, Lennon)
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Filing 40
RESPONSE in Opposition re #35 MOTION to Dismiss Count III of Plaintiff's Second Amended Complaint , filed by Plaintiff ASHLEY HARRIS. (Lee, C.K.)
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Filing 39
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/18/2022. Parties discussed status of discovery. Telephonic Status Conference set for 6/15/2022 at 3:30 PM (Eastern Time) to discuss parties' Supplemental Joint Discovery Status Report due 6/13/2022. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 37
STATUS REPORT Filed Jointly, on the Status of Discovery by ASHLEY HARRIS. (Lee, C.K.)
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Filing 36
DEFENDANT'S ANSWER to #31 Amended Complaint , filed by THE ANTHEM COMPANIES, INC..(Haas, Lennon)
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Filing 35
MOTION to Dismiss Count III of Plaintiff's Second Amended Complaint, filed by Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 34
Exhibit List - Plaintiff's Preliminary Exhibit and Witness List, Served to Defendants on April 26, 2022, filed by Plaintiff ASHLEY HARRIS. (Lee, C.K.)
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Filing 33
Exhibit List - Defendant The Anthem Companies, Inc.'s Preliminary Exhibit and Witness List, filed by Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 32
ORDER - In light of the filing of Plaintiffs' Second Amended Class and Collective Action Complaint on April 26, 2022 [Dkt. #31 ], Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint [Dkt. #20 ] is hereby DENIED AS MOOT. Signed by Magistrate Judge Mark J. Dinsmore on 4/27/2022. (SWM)
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Filing 31
AMENDED COMPLAINT against THE ANTHEM COMPANIES, INC., filed by ASHLEY HARRIS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lee, C.K.)
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Filing 30
ORDER - This matter is before the Court on Plaintiffs' Unopposed Cross-Motion to Amend the Complaint. [Dkt. #29 ]. The Court, being duly advised, hereby GRANTS the motion. On or before April 26, 2022, Plaintiffs shall file the Second Amended Class and Collective Action Complaint in substantially similar form as is attached to Plaintiffs' Motion to Amend [Dkt. 29-1 at 2-21]. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 4/22/2022. (SWM)
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Filing 29
Cross MOTION to Amend/Correct #11 Amended Complaint , filed by Plaintiffs LITA FILLIPO, ASHLEY HARRIS. (Attachments: #1 Exhibit A)(Lee, C.K.)
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Filing 28
ORDER granting #24 Motion to Appear pro hac vice. Attorney Robert A Kansao for LITA FILLIPO and ASHLEY HARRIS added. Signed by Magistrate Judge Mark J. Dinsmore on 4/12/2022. (SWM)
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Filing 24
First MOTION for Attorney(s) Robert A. Kansao to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7052654), filed by Plaintiffs LITA FILLIPO, ASHLEY HARRIS. (Attachments: #1 Text of Proposed Order Proposed Order granting Pro Hac Vice Motion)(Kansao, Robert)
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Filing 27
SCHEDULING ORDER: In order to assist the Court to more effectively manage the conduct of discovery in this matter, on or before May 16, 2022, the parties shall jointly file a "Joint Report on the Status of Discovery," which report shall set forth (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 4/8/2022.(SWM)
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Filing 26
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 3/23/2023. Discovery due by 2/10/2023. Signed by Magistrate Judge Mark J. Dinsmore on 4/8/2022.(SWM)
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Filing 25
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 4/8/2022. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 5/18/2022 at 3:00 PM (Eastern Time) to discuss parties' Joint Report on Status of Discovery due 5/16/2022. Settlement Conference set for 12/2/2022 at 9:00 AM (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) Modified on 4/12/2022 (to include ref. to 5/16/2022 Joint Discovery Statue Report.) (GD).
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Filing 23
ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 4/8/2022.(SWM)
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Filing 22
NOTICE of Appearance by Brett Christopher Bartlett on behalf of Defendant THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 20
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Exhibit A)(Haas, Lennon)
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Filing 19
Jointly Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs LITA FILLIPO, ASHLEY HARRIS and Defendant THE ANTHEM COMPANIES, INC.. (Lee, C.K.)
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Filing 18
ORDER - This matter is before the Court on Defendant's Motion for 14-Day Extension of time [Dkt. 17], requesting an enlargement of time to April 11, 2022 for Defendant to file a response to Plaintiff's First Amended Complaint. This matter is scheduled for an initial pretrial conference on April 8, 2022 [Dkt. #15 ], and Defendant's response must be filed prior to the conference. Accordingly, Defendant's Motion [Dkt. #17 ] is hereby GRANTED IN PART and DENIED IN PART the motion. On or before April 6, 2022, Defendant shall file a response to Plaintiff's First Amended Complaint. No further enlargement of this deadline will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 3/28/2022. (SWM)
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Filing 17
MOTION for Extension of Time to April 11, 2022 in which to #11 Amended Complaint - Defendant's Motion for 14-Day Extension to Respond to Plaintiff's First Amended Complaint, filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Haas, Lennon)
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Filing 16
NOTICE of Appearance by Lennon Haas on behalf of Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 15
SCHEDULING ORDER: Initial Pretrial Conference set for 4/8/2022 10:00 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 3/14/2022.(SWM)
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Filing 14
Corporate Disclosure Statement by THE ANTHEM COMPANIES, INC. identifying Corporate Parent ANTHEM, INC., Corporate Parent ATH HOLDING COMPANY, LLC for THE ANTHEM COMPANIES, INC... (DeGroff, Christopher)
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Filing 13
NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant THE ANTHEM COMPANIES, INC.. (DeGroff, Christopher)
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Filing 12
NOTICE of Appearance by Christopher J. DeGroff on behalf of Defendant THE ANTHEM COMPANIES, INC.. (DeGroff, Christopher)
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Filing 11
AMENDED COMPLAINT against THE ANTHEM COMPANIES, INC., filed by ASHLEY HARRIS, LITA FILLIPO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lee, C.K.)
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Filing 10
WAIVER OF SERVICE Returned Executed, filed by ASHLEY HARRIS, LITA FILLIPO. THE ANTHEM COMPANIES, INC. waiver sent on 1/11/2022. (Lee, C.K.)
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Filing 9
PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MAC)
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Filing 8
Summons Issued as to THE ANTHEM COMPANIES, INC. (MAC)
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Filing 7
NOTICE of Appearance by C.K. Lee on behalf of Plaintiffs LITA FILLIPO, ASHLEY HARRIS. (Lee, C.K.)
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Filing 6
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LMK)
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Filing 5
CONSENT to Sue Under the F.L.S.A. by LITA FILLIPO. (Lee, C.K.)
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Filing 4
CONSENT to Sue Under the F.L.S.A. by ASHLEY HARRIS. (Lee, C.K.)
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Filing 3
Proposed Summons submitted for issuance by the clerk as to ANTHEM COMPANIES, INC.. (Lee, C.K.)
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Filing 2
CIVIL COVER SHEET , filed by Plaintiffs LITA FILLIPO, ASHLEY HARRIS. (Lee, C.K.)
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Filing 1
COMPLAINT against ANTHEM COMPANIES, INC., filed by ASHLEY HARRIS, LITA FILLIPO. (Filing fee $402, receipt number AINSDC-6908272) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lee, C.K.)
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