Walsh v. Capone Bros., Inc. et al
Plaintiff: Martin J. Walsh
Defendant: Capone Bros., Inc. and Charles L. Capone
Case Number: 1:2021cv10585
Filed: April 8, 2021
Court: US District Court for the District of Massachusetts
Office: Boston Office
Presiding Judge: F Dennis Saylor
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2021 Filing 25 ANSWER to #1 Complaint with Jury Demand by Charles L. Capone, Capone Bros., Inc..(Feeney, Matthew)
May 13, 2021 Filing 24 Chief Judge F. Dennis Saylor, IV: SCHEDULING ORDER entered.SCHEDULING ORDER DEADLINES:Automatic Disclosures shall be due by 6/3/21.Amendments to pleadings shall be due by 6/25/21.Written requests for discovery shall be served by 7/1/21.Fact discovery to be completed by 10/1/21.Parties are directed to file a notice of intent to call an expert by 9/24/21.Dispositive Motions shall be due by 12/1/21.Oppositions due by 12/22/21.Replies due by 1/5/22.Status Conferences: 8/2/21;10/4/21These hearings shall be conducted remotely, by telephone only. Counselof record will receive dial-in instructions at the email registered in CM/ECF.Access to the hearings will be made available to the media and public by way ofteleconference. In order to gain access to the hearing via teleconference you must signup at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to theCourt's general orders and public notices available on www.mad.uscourts.gov orcontact www.media@uscourts.gov. Persons granted remote access to proceedings arereminded of the general prohibition against photographing, recording, andrebroadcasting of court proceedings. Violations of these prohibitions may result insanctions, including removal of court-issued media credentials, restricted entry to futurehearings, or denial of entry to future hearings, and such other sanctions, including forcontempt of court, as may be deemed appropriate or necessary by the court.(McKillop, Matthew)
May 13, 2021 Filing 23 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Scheduling Conference held by video conference on 5/13/2021. Case called; Court sets schedule and future status conferences. Scheduling Order to issue. Court conducts colloquy concerning interest in mediation and process to notify court if applicable. NOTICE OF HEARINGS: Status Conference set for 8/2/2021 03:00 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. Status Conference set for 10/4/2021 03:00 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Mark A. Pedulla for the government. Matthew L. Feeney for the defendant) (McKillop, Matthew)
May 13, 2021 Filing 22 CERTIFICATION pursuant to Local Rule 16.1 . (Feeney, Matthew)
May 12, 2021 Filing 21 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #18 Motion for Extension of Time to Answer. Answer due 5/19/2021. (McKillop, Matthew)
May 12, 2021 Filing 20 CERTIFICATION pursuant to Local Rule 16.1 . (Pedulla, Mark)
May 11, 2021 Filing 19 JOINT SUBMISSION pursuant to Local Rule 16.1 by Martin J. Walsh.(Pedulla, Mark)
May 11, 2021 Filing 18 MOTION for Extension of Time to File Answer re #1 Complaint by Charles L. Capone, Capone Bros., Inc..(Feeney, Matthew)
April 22, 2021 Filing 17 Chief Judge F. Dennis Saylor, IV: ORDER entered. ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (Attachments: #1 Exhibit A)(Halley, Taylor)
April 22, 2021 Filing 16 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Motion Hearing held on 4/22/2021 by video conference. Case called; court advised witness they remain under oath; defense continues cross examination. Plaintiff conducts re-direct; defense conducts re-cross, witness excused. Court hears arguments. Court grants re #2 and Preliminary Injunction. Order to follow. NOTICE OF HEARING: Scheduling Conference set for 5/13/2021 03:00 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. 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. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Sheila Gholkar and Mark A. Pedulla for the government. Matthew L. Feeney for the defendant.) (McKillop, Matthew)
April 21, 2021 Filing 15 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Motion Hearing held on 4/21/2021 by video conference. Case called; court advised witness they remain under oath; plaintiff continues examination; exhibits admitted; cross examination. Temporary Restraining Order continued to tomorrow until 11:30am. NOTICE OF HEARING: Motion Hearing set for 4/22/2021 11:30 AM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV.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://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.govor contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Sheila Gholkar and Mark A. Pedulla for the government. Matthew L. Feeney for the defendant.) (McKillop, Matthew)
April 20, 2021 Filing 14 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Motion Hearing held on 4/20/2021 by video conference. Case called; arguments heard. Plaintiiff calls witness Jean M. Kruja and conducts examination. Exhibit 5 admitted. NOTICE OF HEARING: Motion Hearing set for 4/21/2021 12:55 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. This hearing will be conducted by video conference. Counsel of record will receive avideo 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://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.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Sheila Gholkar and Mark A. Pedulla for the government. Matthew L. Feeney for the defendant.) (McKillop, Matthew)
April 20, 2021 Filing 13 MEMORANDUM in Opposition re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Charles L. Capone, Capone Bros., Inc.. (Feeney, Matthew)
April 15, 2021 Filing 12 NOTICE of Appearance by Matthew L. Feeney on behalf of Charles L. Capone, Capone Bros., Inc. (Feeney, Matthew)
April 15, 2021 Filing 11 Reset Deadlines: Answer due 5/4/21 All Defendants. ( Wrong date of service was entered. Defendants were served on 4/13/21 not 4/9/21) (Halley, Taylor)
April 14, 2021 Filing 10 SUMMONS Returned Executed Charles L. Capone served on 4/9/2021, answer due 4/30/2021. (Gholkar, Sheila)
April 14, 2021 Filing 9 SUMMONS Returned Executed Capone Bros., Inc. served on 4/9/2021, answer due 4/30/2021. (Gholkar, Sheila)
April 8, 2021 Filing 8 ELECTRONIC NOTICE OF HEARING: Motion Hearing set for 4/20/2021 11:45 AM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. 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. (McKillop, Matthew)
April 8, 2021 Filing 7 Chief Judge F. Dennis Saylor, IV: ORDER entered. TEMPORARY RESTRAINING ORDER. (Halley, Taylor)
April 8, 2021 Filing 6 NOTICE of Appearance by Mark A. Pedulla on behalf of Martin J. Walsh (Pedulla, Mark)
April 8, 2021 Filing 5 Summons Issued as to Charles L. Capone, Capone Bros., Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina)
April 8, 2021 Filing 4 ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV 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 Donald L. Cabell. (Finn, Mary)
April 8, 2021 Filing 3 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Martin J. Walsh. (Gholkar, Sheila)
April 8, 2021 Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Martin J. Walsh. (Attachments: #1 Exhibit A (Declaration of Jean M. Kruja), #2 Exhibit B (Notice to Employees))(Gholkar, Sheila)
April 8, 2021 Filing 1 COMPLAINT against All Defendants (Fee Status: US Government), filed by Martin J. Walsh. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Gholkar, Sheila)

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Defendant: Capone Bros., Inc.
Represented By: Matthew L. Feeney
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Defendant: Charles L. Capone
Represented By: Matthew L. Feeney
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Plaintiff: Martin J. Walsh
Represented By: Sheila Gholkar
Represented By: Mark A. Pedulla
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