FILLIPO et al v. THE ANTHEM COMPANIES, INC.
| LITA FILLIPO and TIMOTHY KRAFT |
| THE ANTHEM COMPANIES, INC. |
| 1:2022cv00926 |
| May 12, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Mario Garcia |
| 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 August 10, 2023. A more recent docket listing may be available from PACER.
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Filing 71
FINAL JUDGMENT - Pursuant to the Order also issued this day, approving the parties' settlement agreement, this action is hereby dismissed with prejudice. The parties shall comply with the terms of the approved agreement, which the Court retains jurisdiction to enforce. This is a final judgment under Federal Rule of Civil Procedure 58. Signed by Judge James R. Sweeney II on 8/10/2023.(KAA)
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Filing 70
Order Dismissing Case - On July 27, 2023, the parties filed their Joint Motion to Dismiss with Prejudice, (ECF No. 68), pursuant to settlement. Because the settlement agreements, (ECF No. 69-1, 69-2), reflect the result of arms-length negotiation, reasonable under the circumstances, and reached after substantial engagement with the law and facts of the case, the parties' settlement of this case is approved, and the Court grants the Motion, ECF No. #68 . This action is hereby dismissed with prejudice. The Court retains jurisdiction to enforce the agreement as approved. 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. Final judgment shall issue separately. Signed by Judge James R. Sweeney II on 8/10/2023. (KAA)
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Filing 69
AFFIDAVIT in Support of Motion re #68 Joint MOTION to Dismiss Pursuant to Settlement , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lee, C.K.)
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Filing 68
Joint MOTION to Dismiss Pursuant to Settlement, filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 67
ORDER granting Parties' #66 Joint Motion for Extension of Time to File Dismissal Documents to 8/11/2023. Signed by Magistrate Judge Mario Garcia on 7/11/2023. (SWM)
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Filing 66
Joint MOTION for Extension of Time to August 9, 2023 to Dismiss Case, filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 65
ORDER granting #64 Motion for Extension of Time to File Dismissal Documents to 7/10/2023. Signed by Magistrate Judge Mario Garcia on 6/9/2023. (JRB)
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Filing 64
Joint MOTION for Extension of Time to July 9, 2023 in which to #63 Scheduling Order for Parties to Dismiss the Case, filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Haas, Lennon)
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Filing 63
Order Directing Filing of Documents Authorizing Dismissal - 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. Within thirty (30) days of the date of this entry, counsel shall file a motion to dismiss this cause and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal (consistent with the agreement of the parties). Additional time to complete the execution of the settlement documents may be granted for good cause shown, if requested in writing before expiration of this period. Signed by Magistrate Judge Mario Garcia on 5/11/2023.(JDC)
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Filing 62
NOTICE of Reassignment of Case to Magistrate Judge Mario Garcia. Magistrate Judge Matthew P. Brookman is no longer assigned to this case. Please include the new case number, 1:22-cv-926-JRS-MG, on all future filings in this matter. (KAA)
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Filing 61
UNIFORM STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 3/16/23.(JRB)
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Filing 60
Submission of Proposed Order , re #59 MOTION for Protective Order , filed by Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 59
MOTION for Protective Order , filed by Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 58
TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - Final Pretrial Conference is set for 4/4/2024 at 9:00 AM (Eastern Time) in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Jury Trial ia set for 4/22/2024 at 9:00 AM (Eastern Time) in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Signed by Judge James R. Sweeney II on 3/7/2023.(KAA)
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Filing 57
ORDER denying #50 Anthem's Motion to Stay Discovery Pending Rulings on Class and Collective Certification Motions Docket No. #50 is therefore DENIED. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 02/21/2023. (AAS)
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Filing 56
Order on Motion for Collective Certification - Plaintiffs' Motion for Conditional Collective Certification, ECF No. #34 , is denied. The Court will decide any further collective or class certification issues when raised by separate motion. See Order. Signed by Judge James R. Sweeney II on 12/30/2022. (KAA)
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Filing 55
REPLY in Support of Motion re #50 MOTION to Stay Class and Collective Discovery , filed by Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 54
RESPONSE in Opposition re #50 MOTION to Stay Class and Collective Discovery , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 53
ANSWER to #15 Amended Complaint , filed by THE ANTHEM COMPANIES, INC..(Haas, Lennon)
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Filing 52
REPLY in Support of Motion re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 51
BRIEF/MEMORANDUM in Support re #50 MOTION to Stay Class and Collective Discovery , filed by Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 50
MOTION to Stay Class and Collective Discovery, filed by Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 49
ORDER granting #47 MOTION for Extension of Time to File Reply - Plaintiffs' time to file a reply in support of their motion for conditional collective certification (Dkt. No. 34), pursuant to the Federal Labor Standards Act 216(b) is moved from November 25, 2022 up to and including the date of December 2, 2022. Signed by Magistrate Judge Matthew P. Brookman on 11/28/2022. (AAS)
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Filing 48
NOTICE of Appearance by Alexander Simon on behalf of Defendant THE ANTHEM COMPANIES, INC.. (Simon, Alexander)
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Filing 47
MOTION for Extension of Time to File Reply to December 2, 2022 re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Attachments: #1 Text of Proposed Order)(Lee, C.K.)
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Filing 46
ORDER denying #23 Motion to Dismiss. The stay of discovery related to Count III is lifted. (See Order 9, ECF No. 43.) Should Anthem wish to stay class-based discovery pending a motion for class certification, it should file a separate motion. ***SEE ORDER*** Signed by Judge James R. Sweeney II on 11/21/2022. (JDC)
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Filing 45
RESPONSE in Opposition re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Exhibit DOL Covid-19 FAQs From July 2020, #2 Affidavit Declaration of Randy Terrell)(Bartlett, Brett)
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Filing 44
ORDER VACATING TELEPHONIC STATUS CONFERENCE - Comes now the Court, sua sponte, and VACATES the TELEPHONIC STATUS CONFERENCE currently set in this matter on November 7, 2022. Signed by Magistrate Judge Matthew P. Brookman on 10/31/2022.(AAS)
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Filing 43
ORDER ON DEFENDANT'S #25 MOTION TO STAY - Anthem's Motion to Stay Discovery Pending a Ruling on its Motion to Dismiss State Law Claims is GRANTED as to discovery solely related to Count III and DENIED as to discovery related to Count I. The stay will remain in place until an entry is made on Anthem's Motion to Dismiss or until otherwise lifted by the Court. Within three days of the Court's ruling on the motion to dismiss, Anthem shall file a motion requesting a telephonic status conference with the Magistrate Judge. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/24/2022. (JRB)
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Filing 42
ORDER #40 - This matter comes before the Court on Defendant The Anthem Companies, LLC's Opposed Motion for Extension of Time to File Opposition to Plaintiffs' Motion for Conditional Collective Certification ("Motion"). For good cause shown, the Court GRANTS that Motion. Defendant's deadline to respond to Plaintiffs' Motion is extended until November 18, 2022. Signed by Judge James R. Sweeney II on 10/19/2022. (JDC)
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Filing 41
RESPONSE in Opposition re #40 MOTION for Extension of Time to File Response to November 18, 2022 re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 40
MOTION for Extension of Time to File Response to November 18, 2022 re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Young, Kevin)
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Filing 39
AFFIDAVIT in Support of Motion re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 38
AFFIDAVIT in Support of Motion re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 37
AFFIDAVIT in Support of Motion re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 36
BRIEF/MEMORANDUM in Support re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 35
AFFIDAVIT in Support of Motion re #34 MOTION to Certify Class (Conditional Collective Certification) , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H-1, #9 Exhibit H-2, #10 Exhibit H-3, #11 Exhibit H-4, #12 Exhibit H-5, #13 Exhibit H-6, #14 Exhibit H-7)(Lee, C.K.)
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Filing 34
MOTION to Certify Class (Conditional Collective Certification), filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Attachments: #1 Exhibit 1 - Proposed Order)(Lee, C.K.)
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Filing 33
Exhibit List - Plaintiffs' Preliminary Exhibit and Witness List, filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 32
REPLY in Support of Motion re #25 MOTION to Stay Discovery Pending Motion to Dismiss State Law Claims , filed by Defendant THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 31
REPLY in Support of Motion re #23 MOTION to Dismiss State Law Claims in the Amended Complaint , filed by Defendant THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 30
ORDER - Having reviewed Defendant's Unopposed Motion to Extend Time to Reply in Support of its Motions to Dismiss and Stay Discovery, and good cause appearing, it is hereby ORDERED AND ADJUDGED that the Defendant's Unopposed Motion to Extend Time to Reply in Support of its Motions to Dismiss and Stay Discovery to be GRANTED. Defendant The Anthem Companies, Inc. shall have up to and including September 26, 2022 to reply in support of its Motions to Dismiss and Stay Discovery. Signed by Judge James R. Sweeney II on 9/16/2022. (AKH)
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Filing 29
Unopposed MOTION for Extension of Time to File Reply to 09/26/2022 re #23 MOTION to Dismiss State Law Claims in the Amended Complaint, #25 MOTION to Stay Discovery Pending Motion to Dismiss State Law Claims , filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Young, Kevin)
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Filing 28
MEMORANDUM OF LAW in Opposition re #25 MOTION to Stay Discovery Pending Motion to Dismiss State Law Claims , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.) Modified on 9/13/2022 (JDC).
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Filing 27
MEMORANDUM OF LAW in Opposition re #23 MOTION to Dismiss State Law Claims in the Amended Complaint , filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.) Modified on 9/13/2022 (JDC).
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Filing 26
BRIEF/MEMORANDUM in Support re #25 MOTION to Stay Discovery Pending Motion to Dismiss State Law Claims , filed by Defendant THE ANTHEM COMPANIES, INC.. (Young, Kevin)
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Filing 25
MOTION to Stay Discovery Pending Motion to Dismiss State Law Claims, filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Young, Kevin)
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Filing 24
BRIEF/MEMORANDUM in Support re #23 MOTION to Dismiss State Law Claims in the Amended Complaint , filed by Defendant THE ANTHEM COMPANIES, INC.. (Young, Kevin)
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Filing 23
MOTION to Dismiss State Law Claims in the Amended Complaint, filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Young, Kevin)
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Filing 22
ORDER granting #19 Motion to Appear pro hac vice. Attorney Robert A Kansao for LITA FILLIPO, TIMOTHY KRAFT added. Signed by Magistrate Judge Matthew P. Brookman on 08/24/2022. (AAS)
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Filing 21
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED Dispositive Motions due by 6/12/2023. Discovery due by 5/12/2023. Signed by Magistrate Judge Matthew P. Brookman on 08/23/2022.(AAS)
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Filing 20
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Initial Pretrial Conference held on 8/23/2022. Defendant's Motion to Dismiss (Docket No. #8 ) is DENIED AS MOOT. The Case Management Plan will be entered by a separate order. Status Conference set for 11/7/2022 at 02:30 PM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 19
MOTION for Attorney(s) Robert Kansao, Esq. to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7247662), filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Attachments: #1 Text of Proposed Order Proposed Order granting Pro Hac Vice Motion)(Kansao, Robert)
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Filing 18
CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs LITA FILLIPO, TIMOTHY KRAFT . (Lee, C.K.)
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Proposed Joint Case Management Plan to 8/19/2022. Signed by Magistrate Judge Matthew P. Brookman on 8/18/2022. (JRB)
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Filing 16
First MOTION for Extension of Time to August 19, 2022 for submission of the Parties' Joint Case Management Plan, filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Haas, Lennon)
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Filing 15
AMENDED COMPLAINT against THE ANTHEM COMPANIES, INC., filed by LITA FILLIPO, TIMOTHY KRAFT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lee, C.K.)
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Filing 13
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 8/23/2022 at 11:00 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 7/27/2022.(JRB)
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Filing 12
NOTICE of Appearance by Lennon Haas on behalf of Defendant THE ANTHEM COMPANIES, INC.. (Haas, Lennon)
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Filing 11
NOTICE of Appearance by Brett Christopher Bartlett on behalf of Defendant THE ANTHEM COMPANIES, INC.. (Bartlett, Brett)
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Filing 10
Corporate Disclosure Statement by THE ANTHEM COMPANIES, INC. identifying Corporate Parent ANTHEM INC. for THE ANTHEM COMPANIES, INC... (Young, Kevin)
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Filing 9
BRIEF/MEMORANDUM in Support re #8 MOTION to Dismiss State Law Claims , filed by Defendant THE ANTHEM COMPANIES, INC.. (Young, Kevin)
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Filing 8
MOTION to Dismiss State Law Claims, filed by Defendant THE ANTHEM COMPANIES, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Young, Kevin)
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Filing 7
WAIVER OF SERVICE Returned Executed, filed by LITA FILLIPO, TIMOTHY KRAFT. THE ANTHEM COMPANIES, INC. waiver sent on 5/26/2022. (Lee, C.K.)
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Filing 6
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
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Filing 5
Summons Issued as to THE ANTHEM COMPANIES, INC. (DJH)
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Filing 4
NOTICE of Appearance by C.K. Lee on behalf of Plaintiffs LITA FILLIPO, TIMOTHY KRAFT. (Lee, C.K.)
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Filing 3
CONSENT to Sue Under the F.L.S.A by TIMOTHY KRAFT. (Lee, C.K.)
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Filing 2
CONSENT to Sue Under the F.L.S.A by LITA FILLIPO. (Lee, C.K.)
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Filing 1
COMPLAINT against THE ANTHEM COMPANIES, INC., filed by LITA FILLIPO, TIMOTHY KRAFT. (Filing fee $402, receipt number AINSDC-7099868) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Proposed Summons)(Lee, C.K.)
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