Dolan et al v. KEHE Food Distributors Inc
| Mark Walters and Barney Dolan |
| KEHE Food Distributors Inc |
| 4:2012cv10910 |
| February 29, 2012 |
| US District Court for the Eastern District of Michigan |
| Flint Office |
| Wayne |
| Mark A Goldsmith |
| Laurie J Michelson |
| Labor: Fair Standards |
| 15 U.S.C. § 2 |
| None |
Docket Report
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This docket was last retrieved on June 20, 2012. A more recent docket listing may be available from PACER.
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| Case transferred from Michigan Eastern has been opened in Northern District of Ohio as case 3:12-cv-01585, filed 06/20/2012. (VLun) |
| Case transferred to Northern District of Ohio. (VLun) |
Filing 25
ORDER TRANSFERRING CASE to Northern District of Ohio. Signed by District Judge Mark A. Goldsmith. (DWor)
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| Filing 24 STIPULATION of Transfer (Joint) by KEHE Food Distributors Inc (Spangler, Cardelle) |
| TEXT-ONLY NOTICE: The Telephonic Status Conference set for 6/20/2012 is CANCELLED. **Case is being transferred** (Goltz, D) |
| Minute Entry - Telephonic Scheduling Conference not held, Telephonic Status Conference held on 6/13/2012 before District Judge Mark A. Goldsmith. (Telephonic Status Conference set for 6/20/2012 @ 9:30 AM before District Judge Mark A. Goldsmith). KERRY L. MORGAN, ATTORNEY FOR PLAINTIFF, SHALL INITIATE THE CALL. Disposition: Motion to transfer case filed. Status conference to be set regarding opposition of the motion. (Goltz, D) |
| Filing 23 MOTION to Transfer Case Under First to File Rule or Transfer Venue Under 28 U.S.C. 1401(a) by KEHE Food Distributors Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1- Complaint in Killion v. KeHE Distributors, LLC, #3 Exhibit 2- Plaintiffs' Motion for Order, #4 Exhibit 3- Motion to Conditionally Certify Collective Class Action, #5 Exhibit 4- Complaint in Dolan v. KeHE Food Distributors, Inc., #6 Exhibit 5- Amended Complaint in Dolan, #7 Exhibit 6- Plaintiffs' Motion for Order, #8 Exhibit 7- Unpublished Opinions Cited in Defendant's Brief) (Spangler, Cardelle) |
| Filing 22 AMENDED ANSWER to Complaint #18 Amended Complaint with Affirmative Defenses by KEHE Food Distributors Inc. (Spangler, Cardelle) |
| Reset Deadlines/Hearings: Telephonic Scheduling Conference reset for 6/13/2012 @ 11:00 AM **TIME CHANGE ONLY** before District Judge Mark A. Goldsmith (Goltz, D) |
| Reset Deadlines/Hearings: Telephonic Scheduling Conference reset for 6/13/2012 @ 10:00 AM **AT THE REQUEST OF COUNSEL FOR PLAINTIFF** before District Judge Mark A. Goldsmith (Goltz, D) |
| Reset Deadlines/Hearings: Telephonic Scheduling Conference reset for 6/11/2012 @ 2:30 PM before District Judge Mark A. Goldsmith. (Goltz, D) |
| Filing 21 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Pentiuk, Randall) |
| Filing 20 REPLY to Response re #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law filed by All Plaintiffs. (Attachments: #1 Exhibit Attachment 1 pp 1 - 13, #2 Exhibit Attachment 1 pp 14 - 26) (Pentiuk, Randall) |
| Filing 19 RESPONSE to #10 MOTION to Dismiss Rule 23 Class Allegations From Plaintiffs' Verified Complaint filed by All Plaintiffs. (Pentiuk, Randall) |
| Filing 18 AMENDED COMPLAINT FIRST filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Pentiuk, Randall) |
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Filing 17
STIPULATED ORDER Granting Extension for Plainitffs to File Plaintiffs' Reply and Filing of First Amended Complaint re #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law, (Responses due by 5/23/2012, Amended Complaint due by 5/29/2012). Signed by District Judge Mark A. Goldsmith. (Goltz, D)
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| Set Deadlines/Hearings: Telephonic Scheduling Conference reset for 6/4/2012 @ 4:30 PM **TIME CHANGE ONLY** before District Judge Mark A. Goldsmith (Goltz, D) |
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Filing 16
ORDER TO PARTICIPATE IN TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for 6/4/2012 @ 11:00 AM before District Judge Mark A. Goldsmith. KERRY L. MORGAN, ATTORNEY FOR PLAINTIFF, SHALL INITIATE THE CALL. SEE NOTICE FOR MORE INFORMATION. (Goltz, D)
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| Filing 15 RESPONSE to #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law filed by KEHE Food Distributors Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1- Declaration of Griselda Rodriguez, #3 Exhibit 2- Unreported Decisions Cited in Defendant's Response) (Spangler, Cardelle) |
| Reset Deadlines/Hearings as to #10 MOTION to Dismiss Rule 23 Class Allegations From Plaintiffs' Verified Complaint, #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law. Motion Hearing reset for 7/12/2012 @ 1:30 PM **AT THE REQUEST OF COUNSEL** before District Judge Mark A. Goldsmith (Goltz, D) |
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Filing 14
STIPULATED ORDER Granting Defendant an Extension of Time to Respond to Plaintiff's #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law, (Responses due by 5/4/2012) Signed by District Judge Mark A. Goldsmith. (Goltz, D)
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| Filing 13 NOTICE of Hearing on #10 MOTION to Dismiss Rule 23 Class Allegations From Plaintiffs' Verified Complaint. Motion Hearing set for 6/21/2012 @ 1:30 PM before District Judge Mark A. Goldsmith (Goltz, D) |
| Filing 12 ANSWER to Complaint with Affirmative Defenses by KEHE Food Distributors Inc. (Spangler, Cardelle) |
| Filing 11 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by KEHE Food Distributors Inc (Spangler, Cardelle) |
| Filing 10 MOTION to Dismiss Rule 23 Class Allegations From Plaintiffs' Verified Complaint by KEHE Food Distributors Inc. (Attachments: #1 Appendix) (Spangler, Cardelle) |
| Filing 9 ATTORNEY APPEARANCE: Cardelle B. Spangler appearing on behalf of KEHE Food Distributors Inc (Spangler, Cardelle) |
| Filing 8 NOTICE of Hearing on #5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law. Motion Hearing set for 6/21/2012 @ 1:30 PM before District Judge Mark A. Goldsmith (Goltz, D) |
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Filing 7
STIPULATED ORDER Granting Defendant an Extension of Time to Move, Plead or Otherwise Respond to Plaintiff's #1 Complaint, (Responses due by 4/30/2012). Signed by District Judge Mark A. Goldsmith. (Goltz, D)
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| Filing 6 ATTORNEY APPEARANCE: Jason P. Klingensmith appearing on behalf of KEHE Food Distributors Inc (Klingensmith, Jason) |
| Filing 5 MOTION for Order that Defendant's Releases From Potentil Collective Action Plaintiffs are Void as a Matter of Law by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhbit 3, #4 Exhibit Exhibit 4) (Pentiuk, Randall) |
| Filing 4 CERTIFICATE of Service/Summons Returned Executed. KEHE Food Distributors Inc served on 3/26/2012, answer due 4/16/2012. (Pentiuk, Randall) |
| Filing 3 NOTICE of Appearance by Kerry L. Morgan on behalf of All Plaintiffs. (Morgan, Kerry) |
| Filing 2 SUMMONS Issued for *KEHE Food Distributors Inc* (KKra) |
| Filing 1 COMPLAINT For Violation of Fair Labor Standards Act and Michigan State Wage Laws filed by All Plaintiffs against KEHE Food Distributors Inc. Plaintiff requests summons issued. Receipt No: 0645-3409578 - Fee: $ 350. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Pentiuk, Randall) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (KKra) |
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