Giguere v. Homeworks Energy, Inc. et al
| Joseph Giguere |
| Max Veggeberg, Martijn Fleuren and Homeworks Energy, Inc. |
| 3:2021cv30015 |
| February 5, 2021 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 83 MEMORANDUM in Support re #82 MOTION to Certify Class filed by Joseph Giguere. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Dinsmore, Raymond) |
| Filing 82 MOTION to Certify Class by Joseph Giguere.(Dinsmore, Raymond) |
| Filing 81 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #80 Motion for Extension of Time to July 5, 2023 to Extend Class Certification Deadlines. (Rivera, Christina) |
| Filing 80 MOTION for Extension of Time to July 5, 2023 to Extend Class Certification Deadlines by Joseph Giguere.(Dinsmore, Raymond) |
| Filing 79 ELECTRONIC NOTICE Canceling Hearing for June 6, 2023 rescheduled for September 6, 2023. (Zamorski, Michael) |
| Filing 78 Set/Reset Deadlines as to Motion on class certification Hearing set for 9/6/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| Filing 77 Judge Mark G. Mastroianni: Electronic order entered granting #76 Joint Motion to Extend Discovery and Scheduling Order Deadlines. Non-expert discovery, as to the named Plaintiff, shall be completed by May 22, 2023. Plaintiff shall file a motion for class certification by June 21, 2023. Defendant shall file any opposition to the motion for class certification by July 21, 2023. Plaintiff may file a reply brief in support of the motion for class certification by August 15, 2023. A hearing on the motion for class certification will be held on September 6, 2023, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. (Zamorski, Michael) |
| Filing 76 Joint MOTION for Extension of Time to May 22, 2023 to Extend Discovery and Scheduling Order Deadlines by Homeworks Energy, Inc..(Sugumaran, Keerthi) |
| Filing 75 STIPULATION and Agreement of Confidentiality by Homeworks Energy, Inc.. (Sugumaran, Keerthi) |
| Filing 74 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 73 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 72 NOTICE by Joseph Giguere of Filing of 3rd Set Opt-ins this date (Attachments: #1 Exhibit A (3rd set filed today))(Dinsmore, Raymond) |
| Filing 71 NOTICE by Joseph Giguere of Filing of 2nd Set Opt-ins this date (Attachments: #1 Exhibit A (2nd set filed today))(Dinsmore, Raymond) |
| Filing 70 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 69 Set/Reset Deadlines as to Motion Hearing set for 6/6/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| Filing 68 Judge Mark G. Mastroianni: Electronic order entered granting #66 Joint Motion to Extend Deadlines. Non-expert discovery, as to the named Plaintiff, shall be completed by February 21, 2023. Plaintiff shall file a motion for class certification by March 21, 2023. Defendant shall file any opposition to the motion for class certification by April 20, 2023. Plaintiff may file a reply brief in support of the motion for class certification by May 15, 2023. A hearing on the motion for class certification will be held on June 6, 2023, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference.(Zamorski, Michael) |
| Filing 67 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 66 Joint MOTION for Extension of Time [to Extend Deadlines] by Joseph Giguere.(Dinsmore, Raymond) |
| Filing 65 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 64 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 63 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(Dinsmore, Raymond) |
| Filing 62 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(Dinsmore, Raymond) |
| Filing 61 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 60 Judge Mark G. Mastroianni: Electronic order entered re: #59 Notice of Filing of Proposed Reminder Postcard for Court Approval. The court has reviewed Plaintiffs proposed reminder postcard and hereby approves the language therein.(Zamorski, Michael) |
| Filing 59 NOTICE by Joseph Giguere of Filing of Proposed Reminder Postcard for Court Approval (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 58 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 57 Set/Reset Deadlines as to ( Motion Hearing set for 3/1/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni.), Set/Reset Hearings:( Status Conference set for 3/1/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni.) (Zamorski, Michael) |
| Filing 56 Judge Mark G. Mastroianni: Electronic order entered granting #55 Joint Motion to Extend Deadlines. Non-expert discovery, as to the named Plaintiff, shall be completed by November 21, 2022. Plaintiff shall file a motion for class certification by December 21, 2022. Defendant shall file any opposition to the motion for class certification by January 20, 2023. Plaintiff may file a reply brief in support of the motion for class certification by February 14, 2023. A hearing on the motion for class certification will be held on March 1, 2023, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. (Zamorski, Michael) |
| Filing 55 Joint MOTION for Extension of Time to Extend Deadlines by Joseph Giguere.(Dinsmore, Raymond) |
| Filing 54 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 53 Judge Mark G. Mastroianni: Electronic order entered denying #50 Joint Motion to Request a Status Conference. The parties may file a motion seeking an extension of scheduling deadlines. (Figueroa, Tamara) |
| Filing 52 Judge Mark G. Mastroianni: Electronic order entered denying #31 Motion to Compel, without prejudice. The parties argue about the appropriateness of the disputed discovery at the pre-certification stage. However, the court's ruling granting conditional certification should obviate much of the parties' dispute. Accordingly, the parties shall confer, after which Plaintiff may file a renewed motion to compel addressing any remaining disputes and containing updated arguments in light of the current procedural posture of this case. (Figueroa, Tamara). |
| Filing 51 Judge Mark G. Mastroianni: Electronic order entered granting #46 Motion for Conditional Certification Pursuant to 29 U.S.C. 216(b). Plaintiff's motion for conditional certification has not been opposed by Defendant. In addition, the court finds Plaintiff has made a sufficient showing that "the putative class members were together the victims of a single decision, policy, or plan that violated the law." Trezvant v. Fidelity Employer Servs. Corp., 434 F. Supp. 2d 40, 43 (D. Mass. 2006); see also Gonpo v. Sonam's Stonewalls & Art LLC, 2018 WL 1725695, at *6 (D. Mass. Apr. 9, 2018) ("A plaintiff's burden is satisfied, as many courts have recognized, through a modest factual showing sufficient to demonstrate that they and potential plaintiffs together were victims of a common policy or plan that violated the law." (internal quotation marks omitted)). The court therefore conditionally certifies a collective defined as follows: All current and former Technician I, Technician II, and Crew Leads employed by HomeWorks Energy, Inc. from three years prior to the filing of the original complaint (2/5/2021) through the date of final judgment in this matter. Accordingly, the court finds that potential members of this collective should receive notice of this action along with the opportunity to opt-in. The court also approves of the language in Plaintiff's proposed summary notice, full notice, and opt-in forms, as well as Plaintiffs proposed manner of service. (Dkt. Nos. 47-5, 47-6, and 47-7.) Defendant shall post the full notice at its offices where Tech I, Tech II, and Crew Leads work by August 8, 2022. Defendant shall also produce the names, addresses, phone numbers, and email addresses of all individuals who fit within the collective, as defined above, by August 8, 2022, so that Plaintiff may send the notices and opt-in forms no later than August 22, 2022. Plaintiff shall file a proposed reminder postcard, to be mailed within 30 days of the first notice mailing, for court approval. Lastly, the court sets the notice period at 90 days from the date notice is mailed to the class, or no later than November 21, 2022; members of the collective must opt-in before this date to join the action. (Figueroa, Tamara) |
| Filing 50 Joint MOTION for Hearing Requesting a Status Conference by Joseph Giguere.(Dinsmore, Raymond) |
| Filing 49 NOTICE by Joseph Giguere of Filing Opt-ins (Attachments: #1 Exhibit A to Notice of Filing Opt-in)(Dinsmore, Raymond) (Attachment 1 replaced on 6/29/2022 with correct Exhibit A - the original Exhibit A being blank) (Finn, Mary). Modified on 6/29/2022 (Finn, Mary). |
| Filing 48 NOTICE by Joseph Giguere of Filing of Opt-Ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| Filing 47 MEMORANDUM in Support re #46 MOTION to Certify Class filed by Joseph Giguere. (Attachments: #1 Exhibit A - Incentive/Disincentive, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - paystubs, #5 Exhibit E - Proposed Summary Notice, #6 Exhibit F - Opt-in Form, #7 Exhibit G - Detailed Notice)(Dinsmore, Raymond) |
| Filing 46 MOTION to Certify Class by Joseph Giguere. (Attachments: #1 Exhibit 1 - Proposed Order)(Dinsmore, Raymond) |
| Filing 45 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A - Opt-ins)(Dinsmore, Raymond) |
| Filing 44 Set/Reset Hearings: Status Conference set for 1/6/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| Filing 43 Set/Reset Deadlines as to Motion for Class Certification Hearing set for 1/6/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| Filing 42 Judge Mark G. Mastroianni: Electronic order entered granting #41 Joint Motion to Extend Discovery Deadlines. Non-expert discovery, as to the named Plaintiff, shall be completed by September 20, 2022. Plaintiff shall file a motion for class certification by October 21, 2022. Defendant shall file any opposition to the motion for class certification by November 22, 2022. Plaintiff may file a reply brief in support of the motion for class certification by December 12, 2022. A hearing on the motion for class certification will be held on January 6, 2023, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. (Zamorski, Michael) |
| Filing 41 Joint MOTION for Extension of Time to 9/20/22 to Extend Discovery And Scheduling Order Deadlines by Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| Filing 40 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A - Opt-ins)(Dinsmore, Raymond) |
| Filing 39 NOTICE by Joseph Giguere of Filing of Opt-In Consent Forms (Attachments: #1 Exhibit A)(Dinsmore, Raymond) (Attachment 1 replaced on 10/27/2022) (Zamorski, Michael). |
| Filing 38 ELECTRONIC NOTICE Canceling Hearing. Case Management Conference and Motion Hearing has been canceled due to extension of deadlines #29 . (Rivera, Christina) |
| Filing 37 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #34 Motion for Extension of Time. New Deadlines are as follows Nonexpert Discovery June 20, 2022. Class Certification July 22,2022. Opposition to Class Certification Motion August 22, 2022. Reply to Opposition September 12, 2022. (Zamorski, Michael) |
| Filing 36 AFFIDAVIT in Opposition re #31 MOTION to Compel filed by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Sugumaran, Keerthi) |
| Filing 35 Opposition re #31 MOTION to Compel filed by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg. (Sugumaran, Keerthi) |
| Filing 34 Joint MOTION for Extension of Time to Complete Discovery & Extend Scheduling Order Deadlines by Joseph Giguere.(Dinsmore, Raymond) |
| Filing 33 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #32 Motion for Extension of Time to File Response/Reply re #32 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Compel Responses due by 4/5/2022. (Figueroa, Tamara) |
| Filing 32 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Compel by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| Filing 31 MOTION to Compel by Joseph Giguere. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dinsmore, Raymond) |
| Filing 30 Set/Reset Hearings: Motion on class Certification or Status Conference set for 7/27/2022 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| Filing 29 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #28 Joint Motion to Extend Discovery and Scheduling Order Deadlines. See attached Revised Scheduling ORDER for complete details.(Zamorski, Michael) |
| Filing 28 Joint MOTION for Extension of Time to April 21, 2022 to Complete Discovery by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| Filing 27 ANSWER to #24 Amended Complaint by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| Filing 26 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #25 Motion for Extension of Time to Answer re #25 Assented to MOTION for Extension of Time to 10/29/2021 to File Answer Martijn Fleuren answer due 10/29/2021; Homeworks Energy, Inc. answer due 10/29/2021; Max Veggeberg answer due 10/29/2021. (Figueroa, Tamara) |
| Filing 25 Assented to MOTION for Extension of Time to 10/29/2021 to File Answer by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| Filing 24 AMENDED COMPLAINT against All Defendants, filed by Joseph Giguere.(Dinsmore, Raymond) |
| Filing 23 Judge Mark G. Mastroianni: Electronic order entered granting #22 Motion to Amend Complaint, as unopposed. 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. (Zamorski, Michael) |
| Filing 22 MOTION to Amend Complaint by Joseph Giguere. (Attachments: #1 Exhibit Proposed Amended Complaint)(Dinsmore, Raymond) |
| Filing 21 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered denying #20 Motion to Amend Complaint, without prejudice to refiling in compliance with Local Rule 7.1(a)(2), which states: No motion shall be filed unless counsel certify that they have conferred and have attempted in good faith to resolve or narrow the issue. Any refiled motion to amend shall indicate whether the opposing parties assent or oppose the requested relief. (Lindsay, Maurice) |
| Filing 20 MOTION to Amend Complaint by Joseph Giguere. (Attachments: #1 Exhibit Proposed Amended Complaint)(Dinsmore, Raymond) |
| Filing 19 Motion Hearing on class certification set for 4/26/2022 at 11:00 AM in Hampden Courtroom before Judge Mark G. Mastroianni. (Rivera, Christina) |
| Filing 18 Judge Mark G. Mastroianni: ORDER entered: SCHEDULING ORDER: The parties shall exchange initial disclosures as required by Fed. R. Civ. P. 26(a)(1) on or before July 22, 2021. A hearing on the motion for class certification will held on April 26, 2022, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. See attached Scheduling Order for further details. (Rivera, Christina) |
| Filing 17 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Scheduling Conference held on 7/21/2021. (Attorneys present: Atty Dinsmore for Plaintiff, Atty Hoffman and Sugumaran for Deft.) Colloquy re: Proposed dates. Court will adopt proposed dates and issue an Order. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Rivera, Christina) |
| Filing 16 Judge Mark G. Mastroianni: SCHEDULING ORDER entered as follows: The parties shall exchange initial disclosures due on or before 7/22/21, Plaintiff may file a reply brief in support of the motion for class certification by 4/13/22, and A hearing on the motion for class certification will held on April 26, 2022, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. See the attached scheduling order for complete details. (Lindsay, Maurice) |
| Filing 15 Remark: Clerk provided Telephone Conference call-in information to all parties via email. (Rivera, Christina) |
| Filing 14 ELECTRONIC NOTICE OF RESCHEDULING: Scheduling Conference previously set for 7/14/2021 is canceled and rescheduled due to Court Trial. Scheduling Conference set for 7/21/2021 at 11:30 AM in Remote Proceeding via Telephone: before Judge Mark G. Mastroianni. **Telephone Conference call-in information: Telephone Conf No. 888-278-0296, Access Code 8907163** (Rivera, Christina) |
| Filing 13 CERTIFICATION pursuant to Local Rule 16.1 . (Hoffman, Douglas) |
| Filing 12 Disclosure pursuant to Rule 26 by Joseph Giguere.(Dinsmore, Raymond) |
| Filing 11 CERTIFICATION pursuant to Local Rule 16.1 . (Dinsmore, Raymond) |
| Filing 10 JOINT SUBMISSION pursuant to Local Rule 16.1 by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Hoffman, Douglas) |
| Filing 9 NOTICE of Scheduling Conference Scheduling Conference set for 7/14/2021 02:00 PM in Hampden Courtroom before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| Filing 8 ANSWER to #1 Complaint, by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Hoffman, Douglas) |
| Filing 7 NOTICE of Appearance by Keerthi Sugumaran on behalf of Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg (Sugumaran, Keerthi) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Joseph Giguere. All Defendants. (Dinsmore, Raymond) |
| Filing 5 NOTICE of Appearance by Douglas J. Hoffman on behalf of Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg (Hoffman, Douglas) |
| Filing 4 NOTICE of Appearance by Raymond E. Dinsmore, III on behalf of Joseph Giguere (Dinsmore, Raymond) |
| Filing 3 Summons Issued as to Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg. 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. (Lindsay, Maurice) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Lindsay, Maurice) |
| Filing 1 COMPLAINT - Collective and Class Action against All Defendants Filing fee: $ 402, receipt number 0101-8625244 (Fee Status: Filing Fee paid), filed by Joseph Giguere. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Category Sheet)(Dinsmore, Raymond) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
