Despres et al v. Olive Garden Holdings, LLC et al
Plaintiff: Chloe Despres and Lacey Mitchell
Defendant: Olive Garden Holdings, LLC and Darden Corporation
Case Number: 4:2023cv10013
Filed: January 3, 2023
Court: US District Court for the District of Massachusetts
Presiding Judge: Indira Talwani
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2023 Filing 19 MEMORANDUM in Support re #16 MOTION to Compel Arbitration and Dismiss filed by Darden Corporation, Olive Garden Holdings, LLC. (Kaczmarek, Christopher)
February 28, 2023 Filing 18 STIPULATION of Dismissal of Lacey Mitchell by Darden Corporation, Olive Garden Holdings, LLC. (Kaczmarek, Christopher)
February 28, 2023 Filing 17 DECLARATION of Jeanette Varela in Support re #16 MOTION to Compel Arbitration and Dismiss filed by Darden Corporation, Olive Garden Holdings, LLC. (Kaczmarek, Christopher) (Additional attachment(s) added on 3/1/2023: #1 Exhibit 1, #2 Exhibit 2) (Kelly, Danielle). (Main Document 17 replaced on 3/1/2023) (Kelly, Danielle). Modified on 3/1/2023: Removed exhibits from main document to properly file as attachments; Corrected docket text (Kelly, Danielle).
February 28, 2023 Filing 16 MOTION to Compel Arbitration and Dismiss by Darden Corporation, Olive Garden Holdings, LLC.(Kaczmarek, Christopher)
February 24, 2023 Filing 15 SEE attached NOTICE of Scheduling Conference with attached PROPOSED ORDER TEMPLATE. Scheduling Conference set for 3/20/2023 03:00 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. 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 courtroom deputy of the session 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 general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail)
February 2, 2023 Filing 14 Judge Indira Talwani: ELECTRONIC ORDER granting #13 Unopposed Motion for Extension of Time to Answer re #1 Complaint. All Defendants answers due by February 28, 2023. (Kelly, Danielle)
January 31, 2023 Filing 13 MOTION for Extension of Time to February 28, 2023 to Respond to Plaintiffs' Complaint (Unopposed) by Darden Corporation, Olive Garden Holdings, LLC.(Kaczmarek, Christopher) Modified on 2/1/2023: Corrected event type (Kelly, Danielle).
January 31, 2023 Filing 12 SUMMONS Returned Executed Darden Corporation served on 1/23/2023, answer due 2/13/2023. (Foty, Don)
January 12, 2023 Filing 11 Notice of Filing Consent to Sue. (Attachments: #1 Consent forms 1, #2 Consent forms 2, #3 Consent forms 3, #4 Consent forms 4, #5 Consent forms 5, #6 Consent forms 6, #7 Consent forms 7, #8 Consent forms 8, #9 Consent forms 9, #10 Consent forms 10, #11 Consent forms 11, #12 Consent forms 12)(Foty, Don)
January 11, 2023 Filing 10 SUMMONS Returned Executed Olive Garden Holdings, LLC served on 1/11/2023, answer due 2/1/2023. (Foty, Don)
January 9, 2023 Filing 9 Judge Indira Talwani: ELECTRONIC ORDER granting #8 Motion for Leave to Appear Pro Hac Vice Added Don Foty. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Kelly, Danielle)
January 6, 2023 Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Don Foty Filing fee: $ 125, receipt number AMADC-9657459 by Chloe Despres, Lacey Mitchell. (Attachments: #1 Exhibit Ex A Don Foty Delcaration)(Lizana, Arnold)
January 4, 2023 Filing 7 Civil Cover Sheet & Category Sheet re 2 Notice (Other), by Chloe Despres, Lacey Mitchell. (Lizana, Arnold)
January 4, 2023 Filing 6 Summons Issued as to All Defendants. 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. (Burgos, Sandra)
January 4, 2023 Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 David H. Hennessy. (Finn, Mary)
January 4, 2023 Filing 4 Case transferred in from Eastern Division (Boston) on 1/4/2023 Case Number 1:23-cv-10013. (Burgos, Sandra)
January 4, 2023 Filing 3 Case transferred to Central Division (Worcester) (de Oliveira, Flaviana)
January 4, 2023 Filing 2 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (de Oliveira, Flaviana)
January 3, 2023 Filing 1 COMPLAINT for Collective Action against All Defendants Filing fee: $ 402, receipt number AMADC-9651795 (Fee Status: Filing Fee paid), filed by Chloe Despres, Lacey Mitchell. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Ex A - Despres Consent Form, #3 Exhibit Ex B - Mitchell Consent Form)(Lizana, Arnold)

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Plaintiff: Chloe Despres
Represented By: Arnold J. Lizana, III
Represented By: Don J. Foty
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Plaintiff: Lacey Mitchell
Represented By: Arnold J. Lizana, III
Represented By: Don J. Foty
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Defendant: Olive Garden Holdings, LLC
Represented By: Christopher B Kaczmarek
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Defendant: Darden Corporation
Represented By: Christopher B Kaczmarek
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