CREASON v. ELANCO US INC.
| CLAYTON CREASON |
| ELANCO US INC. |
| 1:2022cv00853 |
| May 2, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Richard L Young |
| Labor: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
Docket Report
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| Filing 18 AMENDED COMPLAINT (Third Amended Class Action Complaint for Damages) against ELANCO US INC., filed by CLAYTON CREASON. (Attachments: #1 Exhibit 1 - Creason's November 15, 2021 Elanco Pay Stub with Yellow Highlights)(Kondras, Robert) |
| Filing 17 BRIEF/MEMORANDUM in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ELANCO US INC.. (Murphy, Andrew) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ELANCO US INC.. (Murphy, Andrew) |
Filing 15
ORDER granting #14 JOINT MOTION FOR RECOGNITION OF DATES PLAINTIFF'S CLAIMS COMMENCED - Having reviewed and considered the Motion, and being duly advised, the Court now ORDERS that the Motion be, and hereby is, GRANTED. It is further ORDERED that Plaintiff's individual vacation pay claim under the Wage Payment Act commenced upon the filing of the initial Complaint on February 1, 2022; his additional individual claim under the Indiana Wage Payment Statute based upon an alleged violation of the Wage Assignment Statute commenced upon the filing of the FAC on March 21, 2022; and his class claim under the Indiana Wage Payment Statute based upon alleged violations of the Wage Assignment Statute commenced when he moved for leave to file the SAC on April 19, 2022. As for this last claim, the statute of limitations accordingly started tolling for putative class members on April 19, 2022. Signed by Magistrate Judge Matthew P. Brookman on 5/25/2022. (AAS)
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| Filing 14 Joint MOTION to Recognize Dates, filed by Defendant ELANCO US INC.. (Attachments: #1 Text of Proposed Order)(Murphy, Andrew) |
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Filing 13
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 7/21/2022 at 11:30 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. 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. Signed by Magistrate Judge Matthew P. Brookman on 5/20/2022.(JRB)
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Filing 12
ORDER granting #8 MOTION TO REFILE PENDING STATE COURT MOTION PURSUANT TO LOCAL RULE 81 -2(D)(2) - Defendant should file Elanco's Motion to Correct Court's Order (Docket No. 8-1) as a separate motion on this Court's docket, with Plaintiff's Response (Docket No. 8-2) as an attachment in accordance with our local rules SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 5/16/2022. (JRB)
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| Filing 11 NOTICE of Service of Initial Disclosures , filed by Plaintiff CLAYTON CREASON. (Kondras, Robert) |
| Filing 10 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant ELANCO US INC.. (Murphy, Andrew) |
| Filing 9 Submission of Proposed Order , re #8 MOTION to Refile Pending State Court Motion Pursuant to Local Rule 81-2(D)(2), filed by Defendant ELANCO US INC.. (Murphy, Andrew) |
| Filing 8 MOTION to Refile Pending State Court Motion Pursuant to Local Rule 81-2(D)(2), filed by Defendant ELANCO US INC.. (Attachments: #1 Elanco's Motion to Correct Court's Order Granting Plaintiff's Motion for Leave to File Second Amended Complaint, #2 Plaintiff's Response in Opposition to Elanco's Motion to Correct)(Murphy, Andrew) |
| Filing 7 NOTICE of Appearance by Robert Peter Kondras, Jr on behalf of Plaintiff CLAYTON CREASON. (Kondras, Robert) |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 5 NOTICE of Appearance by James Robert Strickland on behalf of Defendant ELANCO US INC.. (Strickland, James) |
| Filing 4 NOTICE of Pending State Court Motion, filed by Defendant ELANCO US INC. (Murphy, Andrew) |
| Filing 3 NOTICE of Appearance by Andrew B. Murphy on behalf of Defendant ELANCO US INC.. (Murphy, Andrew) |
| Filing 2 Corporate Disclosure Statement by ELANCO US INC. identifying Corporate Parent ELANCO ANIMAL HEALTH INCORPORATED for ELANCO US INC... (Murphy, Andrew) |
| Filing 1 NOTICE OF REMOVAL from Vermillion Circuit Court, case number 83C01-2202-PL-00001, filed by ELANCO US INC.. (Filing fee $402, receipt number AINSDC-7085462) (Attachments: #1 State Court Record, #2 Civil Cover Sheet, #3 Exhibit B - Operative Complaint, #4 Exhibit C - Cunningham Declaration)(Murphy, Andrew) |
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| Plaintiff: CLAYTON CREASON | |
| Represented By: | Robert Peter Kondras, Jr. |
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| Defendant: ELANCO US INC. | |
| Represented By: | James Robert Strickland |
| Represented By: | Andrew B. Murphy |
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