Tsui v. Walmart Inc.
Plaintiff: Nickolas Tsui
Defendant: Walmart Inc.
Case Number: 1:2020cv12309
Filed: December 31, 2020
Court: US District Court for the District of Massachusetts
Presiding Judge: M Page Kelley
Referring Judge: Douglas P Woodlock
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2021 Filing 48 Magistrate Judge M. Page Kelley: ORDER entered ALLOWING #40 Motion for Settlement; ALLOWING #42 Motion for Attorney Fees. Accordingly, the motion for attorneys fees and expenses is ALLOWED as amended in the attached order. (Vieira, Leonardo)
October 14, 2021 Filing 47 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Fairness Hearing held on 10/14/2021 by video re #45 MOTION for Settlement filed by Nickolas Tsui, #42 MOTION for Attorney Fees filed by Nickolas Tsui, #40 MOTION for Settlement filed by Nickolas Tsui. Court hears counsel on motions. Court ALLOWS #45 Motion for Settlement, and takes #40 MOTION for Settlement and #42 MOTION for Attorney Fees under advisement. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Beer, McCourt, Scimone, Crotty, Jarrard, Barton,) (Vieira, Leonardo)
October 4, 2021 Filing 46 MEMORANDUM in Support re #45 MOTION for Settlement Plaintiff's Motion for Service Award filed by Nickolas Tsui. (Scimone, Michael)
October 4, 2021 Filing 45 MOTION for Settlement Plaintiff's Motion for Service Award by Nickolas Tsui.(Scimone, Michael)
October 4, 2021 Filing 44 DECLARATION of Michael J. Scimone by Nickolas Tsui. (Attachments: #1 Exhibit A R. Joseph Barton Declaration, #2 Exhibit A-1 Barton Declaration Exhibits, #3 Exhibit B Peter Romer-Friedman Declaration, #4 Exhibit C Thomas G. Jarrard Declaration, #5 Exhibit D Matthew Crotty Declaration, #6 Exhibit E Melissa Baldwin Declaration, #7 Exhibit E-1 Baldwin Declaration Exhibits A-G, #8 Exhibit F Nickolas Tsui Declaration)(Scimone, Michael)
October 4, 2021 Filing 43 Memorandum of law in support of class counsel's motion for an award of attorneys' fees and reimbursement of expenses by Nickolas Tsui.(Scimone, Michael) Modified on 10/5/2021 to fix docket text, event type and relationship (Vieira, Leonardo).
October 4, 2021 Filing 42 Motion by Nickolas Tsui of Motion for Approval of Attorneys Fees (Scimone, Michael) Modified on 10/5/2021 to fix docket text and event type (Vieira, Leonardo).
October 4, 2021 Filing 41 Memorandum of law in support of plaintiff's unopposed motion for final certification of settlement class and final approval of class action settlement by Nickolas Tsui.(Scimone, Michael) Modified on 10/5/2021 to delete attachment. For attachment, please refer to entry #40 . Entry also modified to fix docket text and event type. (Vieira, Leonardo).
October 4, 2021 Filing 40 Motion for Final Certification of settlement class and final approval of class action settlement by Nickolas Tsui (Scimone, Michael) Modified on 10/5/2021 To fix docket text, event type and attach proper document (Vieira, Leonardo). (Additional attachment(s) added on 10/5/2021: #1 Text of Proposed Order) (Vieira, Leonardo).
October 4, 2021 Filing 39 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #38 Plaintiff's Motion for Additional Pages. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Ferguson, Kerry)
October 1, 2021 Filing 38 MOTION for Leave to File Excess Pages by Nickolas Tsui.(Klein, Adam)
October 1, 2021 Filing 37 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #36 Motion for Leave to Appear Pro Hac Vice Added Michael J. Scimone. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Vieira, Leonardo)
September 30, 2021 Filing 36 MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Scimone Filing fee: $ 100, receipt number AMADC-8986040 by Nickolas Tsui. (Attachments: #1 Affidavit)(Silver, Nathaniel)
September 28, 2021 Filing 35 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #34 Plaintiff's Motion for Extension of Time. The motions for final approval of settlement, for attorneys' fees and costs, and for service award due on or before October 4, 2021. (Ferguson, Kerry)
September 27, 2021 Filing 34 MOTION for Extension of Time to October 4, 2021 to file Motion for Final Approval by Nickolas Tsui.(Klein, Adam)
June 3, 2021 Filing 33 ELECTRONIC NOTICE of Hearing. Fairness Hearing set for 10/14/2021 12:00 PM in Remote Proceeding : Boston before Magistrate Judge M. Page Kelley. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann)
June 3, 2021 Filing 32 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #31 Joint MOTION to Modify Fairness Hearing Date. New deadlines set forth by the parties in the motion are adopted. Fairness hearing is rescheduled for October 14, 2021 at 12:00pm. (Belmont, Kellyann)
June 2, 2021 Filing 31 Joint MOTION to Modify Fairness Hearing Date by Nickolas Tsui.(Silver, Nathaniel)
April 30, 2021 Filing 30 Magistrate Judge M. Page Kelley: ORDER entered granting #16 Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement by Nickolas Tsui. (Belmont, Kellyann)
April 22, 2021 Filing 29 ELECTRONIC NOTICE of Reassignment. Magistrate Judge M. Page Kelley added. Judge Douglas P. Woodlock no longer assigned to case. (Finn, Mary)
April 14, 2021 Filing 28 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Nickolas Tsui.. (Romer-Friedman, Peter)
April 14, 2021 Filing 27 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Nickolas Tsui.. (Romer-Friedman, Peter)
February 4, 2021 Filing 26 Judge Douglas P. Woodlock: ORDER granting #25 Joint Motion to Stay Deadline for Defendant to Answer or File Responsive Pleading. (Beatty, Barbara)
January 29, 2021 Filing 25 Joint MOTION for Extension of Time to File Answer or File Responsive Pleading by Walmart Inc..(McCourt, Terence)
January 22, 2021 Filing 24 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #23 Motion for Leave to Appear Pro Hac Vice Added Adam T. Klein. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina)
January 21, 2021 Filing 23 MOTION for Leave to Appear Pro Hac Vice for admission of Adam T. Klein Filing fee: $ 100, receipt number 0101-8602372 by Nickolas Tsui. (Attachments: #1 Certification of Adam T. Klein)(Silver, Nathaniel)
January 15, 2021 Filing 22 DECLARATION re #16 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement Declaration of Matthew Crotty by Nickolas Tsui. (Silver, Nathaniel)
January 15, 2021 Filing 21 DECLARATION re #16 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement Declaration of Thomas G. Jarrard by Nickolas Tsui. (Silver, Nathaniel)
January 15, 2021 Filing 20 DECLARATION re #16 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement Declaration of Adam Klein by Nickolas Tsui. (Silver, Nathaniel)
January 15, 2021 Filing 19 DECLARATION re #16 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement Declaration of R. Joseph Barton by Nickolas Tsui. (Attachments: #1 Ex. A - Block & Leviton LLP Firm Resume)(Silver, Nathaniel)
January 15, 2021 Filing 18 DECLARATION re #16 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement Declaration of Peter Romer-Friedman by Nickolas Tsui. (Attachments: #1 Ex. 1 - Declaration of William Wickersham, #2 Ex. 2 - Declaration of Nickolas Tsui, #3 Ex. 3 - Allman v. Am. Airlines Final Approval Order, #4 Ex. 4 - Martin v. Wash. State Final Approval Order, #5 Ex. 5 - Hall v. L-3 Final Approval Order)(Silver, Nathaniel)
January 15, 2021 Filing 17 MEMORANDUM in Support re #16 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement filed by Nickolas Tsui. (Silver, Nathaniel)
January 15, 2021 Filing 16 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement by Nickolas Tsui. (Attachments: #1 Table of Deadlines, #2 Proposed Order)(Silver, Nathaniel)
January 11, 2021 Filing 15 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Naomi G. Beer. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina)
January 8, 2021 Filing 14 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Naomi G. Beer Filing fee: $ 100, receipt number 0101-8583777 by Walmart Inc.. (Attachments: #1 Exhibit Certificate for Admission Pro Hac Vice of Naomi Beer)(McCourt, Terence)
January 5, 2021 Filing 13 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Peter Romer-Friedman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina)
January 5, 2021 Filing 12 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Matthew Z. Crotty. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina)
January 5, 2021 Filing 11 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added Thomas G. Jarrard. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina)
January 5, 2021 Filing 10 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added R. Joseph Barton. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina)
January 4, 2021 Filing 9 NOTICE of Appearance by Terence P. McCourt on behalf of Walmart Inc. (McCourt, Terence)
January 4, 2021 Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Peter Romer-Friedman Filing fee: $ 100, receipt number 0101-8576083 by Nickolas Tsui. (Attachments: #1 Certification of Peter Romer-Friedman ISO motion for leave to appear pro hac vice)(Silver, Nathaniel)
January 4, 2021 Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Matthew Z. Crotty Filing fee: $ 100, receipt number 0101-8576073 by Nickolas Tsui. (Attachments: #1 Certification of Matthew Z. Crotty ISO motion for leave to appear pro hac vice)(Silver, Nathaniel)
January 4, 2021 Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Thomas G. Jarrard Filing fee: $ 100, receipt number 0101-8576066 by Nickolas Tsui. (Attachments: #1 Certification of Thomas G. Jarrard ISO motion for leave to appear pro hac vice)(Silver, Nathaniel)
January 4, 2021 Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of R. Joseph Barton Filing fee: $ 100, receipt number 0101-8576039 by Nickolas Tsui. (Attachments: #1 Affidavit Certification of R. Joseph Barton ISO motion for leave to appear pro hac vice)(Silver, Nathaniel)
January 4, 2021 Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris)
December 31, 2020 Filing 3 WAIVER OF SERVICE Returned Executed by Nickolas Tsui. Walmart Inc. waiver sent on 12/31/2020, answer due 3/1/2021. (Silver, Nathaniel)
December 31, 2020 Filing 2 NOTICE of Settlement by Nickolas Tsui (Attachments: #1 Exhibit Settlement Agreement)(Silver, Nathaniel)
December 31, 2020 Filing 1 COMPLAINT against Walmart Inc. (Fee Status: Waived pursuant to 38USC4323), filed by Nickolas Tsui. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Silver, Nathaniel)

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Defendant: Walmart Inc.
Represented By: Naomi G. Beer
Represented By: Terence P. McCourt
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Plaintiff: Nickolas Tsui
Represented By: Nathaniel Silver
Represented By: Thomas G. Jarrard
Represented By: R. Joseph Barton
Represented By: Peter Romer-Friedman
Represented By: Adam T. Klein
Represented By: Matthew Z. Crotty
Represented By: Michael J. Scimone
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