Burnip v. HMSHost Corporation et al
Plaintiff: Burnip and Latira Burnip
Defendant: HMSHost Corporation and Host International, Inc.
Case Number: 0:2015cv01543
Filed: March 19, 2015
Court: US District Court for the District of Minnesota
Office: DMN Office
County: Dakota
Presiding Judge: David S Doty
Referring Judge: Katherine M Menendez
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 15, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2016 Opinion or Order Filing 93 ORDER granting #81 Motion for Attorney Fees; granting #87 Motion for Approval of Settlement Signed by Senior Judge David S. Doty on 8/15/2016. (DLO)
August 15, 2016 Filing 92 TEXT ONLY ENTRY - Minute Entry for proceedings held before Senior Judge David S. Doty: Appearances: Reena Desai for plaintiff; Gregory Mersol for defendant; Motion Hearing held on 8/15/2016 re #87 Joint MOTION for Approval of Settlement Final filed by Latira Burnip - granted. #81 MOTION for Attorney Fees , Litigation Costs, and Named Plaintiff Service Payment filed by Latira Burnip - granted. Order to be issued. (Court Reporter Renee Rogge) (CLB)
August 1, 2016 Filing 91 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Latira Burnip re #87 Joint MOTION for Approval of Settlement Final, #81 MOTION for Attorney Fees , Litigation Costs, and Named Plaintiff Service Payment (Desai, Reena)
August 1, 2016 Filing 90 MEET and CONFER STATEMENT re #87 Motion for Approval of Settlement filed by Latira Burnip. (Desai, Reena)
August 1, 2016 Filing 89 MEMORANDUM in Support re #87 Joint MOTION for Approval of Settlement Final filed by Latira Burnip. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Desai, Reena)
August 1, 2016 Filing 88 NOTICE OF HEARING ON MOTION #87 Joint MOTION for Approval of Settlement Final : Motion Hearing set for 8/15/2016 01:30 PM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Desai, Reena)
August 1, 2016 Filing 87 Joint MOTION for Approval of Settlement Final by Latira Burnip. (Desai, Reena)
August 1, 2016 Filing 86 NOTICE of Withdrawal as Attorney as to Ashley R. Thronson (Desai, Reena)
August 1, 2016 Filing 85 MEET and CONFER STATEMENT re #81 Motion for Attorney Fees filed by Latira Burnip. (Desai, Reena)
August 1, 2016 Filing 84 Declaration of Reena I. Desai in Support of #81 MOTION for Attorney Fees , Litigation Costs, and Named Plaintiff Service Payment filed by Latira Burnip. (Attachments: #1 Exhibit A Summary of Nichols Kaster's Fees, #2 Exhibit B Itemized Costs)(Desai, Reena)
August 1, 2016 Filing 83 MEMORANDUM in Support re #81 MOTION for Attorney Fees , Litigation Costs, and Named Plaintiff Service Payment filed by Latira Burnip. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Desai, Reena)
August 1, 2016 Filing 82 NOTICE OF HEARING ON MOTION #81 MOTION for Attorney Fees , Litigation Costs, and Named Plaintiff Service Payment : Motion Hearing set for 8/15/2016 01:30 PM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Desai, Reena)
August 1, 2016 Filing 81 MOTION for Attorney Fees , Litigation Costs, and Named Plaintiff Service Payment by Latira Burnip. (Desai, Reena)
June 10, 2016 Filing 80 TEXT-ONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge Katherine M. Menendez, this case is reassigned to her. Magistrate Judge Janie S. Mayeron is no longer assigned to the case. NOTE: the new case number is 15-cv-1543 (DSD/KMM). Please use this case number for all subsequent pleadings. Please contact Wendi Tilden at 612-664-5140, for scheduling or other matters related to Magistrate Judge Katherine M. Menendez. (lmb)
May 17, 2016 Opinion or Order Filing 79 ORDER granting #71 Preliminary Motion for Approval of Settlement Signed by Senior Judge David S. Doty on 5/17/2016. (DLO)
May 17, 2016 Filing 78 TEXT ONLY ENTRY - Minute Entry for proceedings held before Senior Judge David S. Doty: Appearances: Reena Desai for plaintiffs; Jeffrey Vlasek for defendants; Motion Hearing held on 5/17/2016 re #71 Joint MOTION for Approval of Settlement (Preliminary) filed by Latira Burnip, Host International, Inc., HMSHost Corporation - granted. Final Approval Hearing - 8/15/2016 at 1:30 p.m. Order to be issued. (Court Reporter Renee Rogge) (CLB)
May 2, 2016 Filing 77 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Latira Burnip re #71 Joint MOTION for Approval of Settlement (Preliminary) (Desai, Reena)
May 2, 2016 Filing 76 MEET and CONFER STATEMENT re #71 Motion for Approval of Settlement filed by Latira Burnip. (Desai, Reena)
May 2, 2016 Filing 75 Declaration of Reena I. Desai in Support of #71 Joint MOTION for Approval of Settlement (Preliminary) filed by Latira Burnip, HMSHost Corporation, and Host International, Inc. (Attachments: #1 Exhibit 1 Memorandum of Understanding 3.9.16, #2 Exhibit 2 Supplemental Memorandum of Understanding 4.29.16, #3 Exhibit 3 Allocations (names redacted), #4 Exhibit 4 Proposed Notice of Settlement for Rule 23 Class Members, #5 Exhibit 5 Proposed Notice of Settlement for FLSA Opt-In Plaintiffs, #6 Exhibit 6 Order in Huff v. Pinstripes, Inc., #7 Exhibit 7 Order in Fearn v. Blazin' Beier Ranch, Inc., #8 Exhibit 8 Nichols Kaster Firm Resume)(Desai, Reena) Modified on 5/3/2016 (kt).
May 2, 2016 Filing 74 Declaration of Michele R. Fisher in Support of #71 Joint MOTION for Approval of Settlement (Preliminary) filed by Latira Burnip, HMSHost Corporation, and Host International, Inc. (Fisher, Michele) Modified text and filers on 5/3/2016 (kt).
May 2, 2016 Filing 73 MEMORANDUM in Support re #71 Joint MOTION for Approval of Settlement (Preliminary) filed by All Plaintiffs, HMSHost Corporation and Host International, Inc. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Desai, Reena) Modified text and filers on 5/3/2016 (KMM).
May 2, 2016 Filing 72 NOTICE OF HEARING ON MOTION #71 Joint MOTION for Approval of Settlement (Preliminary) : Motion Hearing set for 5/17/2016 09:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Desai, Reena)
May 2, 2016 Filing 71 Joint MOTION for Approval of Settlement (Preliminary) by Latira Burnip, HMSHost Corporation, and Host International, Inc. (Desai, Reena) Modified text and filers on 5/3/2016 (KMM).
April 27, 2016 Filing 70 NOTICE of Appearance by Reena I Desai on behalf of Latira Burnip. (Desai, Reena)
March 23, 2016 Filing 69 TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT. Due to the retirement of Magistrate Judge Keyes, this case is reassigned to Magistrate Judge Janie S. Mayeron. Magistrate Judge Jeffrey J. Keyes no longer assigned to the case.NOTE: the new case number is 15cv1543 DSD/JSM. Please use this case number for all subsequent pleadings. (AKL)
March 21, 2016 Filing 68 NOTICE of Settlement filed jointly by Latira Burnip (Thronson, Ashley)
February 8, 2016 Filing 67 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Telephone Conference held on 2/8/2016. (AKL)
December 7, 2015 Filing 66 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Telephone Conference held on 12/7/2015. (AKL)
November 25, 2015 Filing 65 NOTICE by Latira Burnip of Consent Filing (Thronson, Ashley)
November 20, 2015 Filing 64 NOTICE by Latira Burnip of Withdrawal Filing (Thronson, Ashley)
November 18, 2015 Filing 63 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Settlement Conference held on 11/18/2015. No settlement reached. (AKL)
November 2, 2015 Filing 62 NOTICE by Latira Burnip of Consent Filing (Thronson, Ashley)
October 26, 2015 Filing 61 NOTICE by Latira Burnip of Consent Filing (Thronson, Ashley)
October 19, 2015 Filing 60 NOTICE by Latira Burnip of Consent Filing (Thronson, Ashley)
October 16, 2015 Filing 59 NOTICE by Latira Burnip of Consent Filing (3) (Thronson, Ashley)
October 15, 2015 Filing 58 NOTICE by Latira Burnip of Consent Filing (Thronson, Ashley)
October 14, 2015 Filing 57 NOTICE by Latira Burnip of Consent Filing (Thronson, Ashley)
October 9, 2015 Filing 56 NOTICE by Latira Burnip of Consent Filing (Thronson, Ashley)
October 7, 2015 Filing 55 NOTICE by Latira Burnip of Consent Filing (1) (Thronson, Ashley)
September 28, 2015 Filing 54 NOTICE by Latira Burnip of Consent Filing (1) (Thronson, Ashley)
September 24, 2015 Filing 53 NOTICE by Latira Burnip of Consent Filing (1) (Thronson, Ashley)
September 22, 2015 Filing 52 NOTICE by Latira Burnip of Consent Filing (1) (Thronson, Ashley)
September 21, 2015 Filing 51 NOTICE by Latira Burnip of Consent Filing (2) (Thronson, Ashley)
September 14, 2015 Filing 50 NOTICE by Latira Burnip of Consent Filing (4) (Thronson, Ashley)
September 11, 2015 Filing 49 NOTICE by Latira Burnip of Consent Filing (1) (Thronson, Ashley)
September 10, 2015 Filing 48 NOTICE by Latira Burnip of Consent Filing (1) (Thronson, Ashley)
September 10, 2015 Opinion or Order Filing 47 ORDER FOR SETTLEMENT CONFERENCE: (Settlement Conference set for 11/18/2015 09:30 AM in Judge's Chambers, Suite 646 (STP) before Magistrate Judge Jeffrey J. Keyes). Signed by Magistrate Judge Jeffrey J. Keyes on 9/9/15. (AKL)
September 9, 2015 Filing 46 NOTICE by Latira Burnip of Consent Filing (2) (Thronson, Ashley)
August 26, 2015 Opinion or Order Filing 45 ORDER RE NOTICE TO THE PUTATIVE FLSA CLASS AND AN OPPORTUNITY TO OPT-IN AND STAYING PROCEEDINGS. Signed by Magistrate Judge Jeffrey J. Keyes on 8/26/15. (AKL)
August 25, 2015 Filing 44 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Latira Burnip re #43 Stipulation (Fisher, Michele)
August 25, 2015 Filing 43 STIPULATION for Notice to the Putative FLSA Class and an Opportunity to Opt-In and to Stay Proceedings by Latira Burnip. Jointly signed by HMSHost Corporation and Host International, Inc. (Attachments: #1 Exhibit A - Proposed Notice, #2 Exhibit B - Proposed Reminder Letter)(Fisher, Michele) Modified on 8/26/2015 (ALM).
July 28, 2015 Filing 42 REPLY re #35 MOTION to Dismiss/General or, Alternatively, for Summary Judgment on Plaintiff's State Law Claims filed by HMSHost Corporation, Host International, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schmitt, Joseph)
July 21, 2015 Filing 41 Declaration of Michele R. Fisher in Support of #40 Memorandum in Opposition to #35 Motion. Filed by Latira Burnip. (Attachments: #1 Exhibit A - Memorandum Opinion and Order in Zupancich v United States Steel Corp)(Fisher, Michele) Modified link on 7/21/2015 (ALM).
July 21, 2015 Filing 40 MEMORANDUM in Opposition re #35 MOTION to Dismiss/General or, Alternatively, for Summary Judgment on Plaintiff's State Law Claims filed by Latira Burnip. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fisher, Michele)
June 30, 2015 Filing 39 CERTIFICATE OF SERVICE ON PROPOSED ORDER by HMSHost Corporation, Host International, Inc. re #35 MOTION to Dismiss/General or, Alternatively, for Summary Judgment on Plaintiff's State Law Claims (Schmitt, Joseph)
June 30, 2015 Filing 38 ANSWER to Amended Complaint by HMSHost Corporation, Host International, Inc.. (Schmitt, Joseph)
June 30, 2015 Filing 37 MEMORANDUM in Support re #35 MOTION to Dismiss/General or, Alternatively, for Summary Judgment on Plaintiff's State Law Claims filed by HMSHost Corporation, Host International, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schmitt, Joseph)
June 30, 2015 Filing 36 NOTICE OF HEARING ON MOTION #35 MOTION to Dismiss/General or, Alternatively, for Summary Judgment on Plaintiff's State Law Claims : Motion Hearing set for 8/27/2015 09:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Schmitt, Joseph)
June 30, 2015 Filing 35 MOTION to Dismiss/General or, Alternatively, for Summary Judgment on Plaintiff's State Law Claims by HMSHost Corporation, Host International, Inc.. (Schmitt, Joseph) Modified on 4/6/2016 (KMM).
June 15, 2015 Filing 34 AMENDED COMPLAINT against All Defendants. Filed by Latira Burnip. No summons requested. (Fisher, Michele)
June 15, 2015 Opinion or Order Filing 33 ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT - IT IS HEREBY ORDERED that: 1) Plaintiff Latira Burnip is granted leave to immediately file and serve the First Amended Complaint attached to the Stipulation as Exhibit A; 2) Service of the First Amended Complaint on Defendants counsel via email is sufficient service; and 3) Defendants shall have 15 days to answer the First Amended Complaint. Signed by Magistrate Judge Jeffrey J. Keyes on 6/15/2015. (KNK)
June 12, 2015 Filing 32 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Latira Burnip re #31 Stipulation for Leave to File First Amended Complaint (Fisher, Michele)
June 12, 2015 Filing 31 STIPULATION for Leave to File First Amended Complaint by Latira Burnip. Jointly signed by HMSHost Corporation, Host International, Inc. (Attachments: #1 Exhibit(s) A-First Amended Complaint (Clean), #2 Exhibit(s) B-First Amended Complaint (Redlined)). (Fisher, Michele) Modified text on 6/12/2015 (lmb).
June 12, 2015 Opinion or Order Filing 30 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 7/1/2015. Discovery due by 1/15/2016. Motions (non-disp) due 1/15/2016. Motions (disp) due by 6/1/2016. Ready for trial due by 9/1/2016. Signed by Magistrate Judge Jeffrey J. Keyes on 06/10/2015. (MMP)
June 3, 2015 Filing 29 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Initial Pretrial Conference held on 6/3/2015. (AKL)
May 29, 2015 Filing 28 REPORT of Rule 26(f) Planning Meeting. Filed by Latira Burnip.(Thronson, Ashley)
May 29, 2015 Filing 27 TEXT ONLY ENTRY - Minute Entry for proceedings held before Senior Judge David S. Doty: Appearances: Michele Fisher, Ashley Thronson for plaintiff; Gregory Mersol, Joseph Schmitt for defendants; Motion Hearing held on 5/29/2015 re #7 MOTION to Dismiss/General Plaintiff's State Law Claims filed by Host International, Inc., HMSHost Corporation-argued and taken under advisement. Order forthcoming. (Court Reporter Staci Heichert) (CLB)
May 22, 2015 Opinion or Order Filing 26 PROTECTIVE ORDER. Signed by Magistrate Judge Jeffrey J. Keyes on 5/22/15. (JDF)
May 22, 2015 Filing 25 STIPULATION for Protective Order by HMSHost Corporation, Host International, Inc.. Jointly Signed by Latira Burnip. (Schmitt, Joseph)
May 15, 2015 Filing 24 Reply to Response to Motion re #7 MOTION to Dismiss/General Plaintiff's State Law Claims filed by All Defendants. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schmitt, Joseph)
May 8, 2015 Filing 23 MEMORANDUM in Opposition re #7 MOTION to Dismiss/General Plaintiff's State Law Claims filed by Latira Burnip. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fisher, Michele)
May 6, 2015 Opinion or Order Filing 22 ORDER 1. The deadline for Plaintiff to file her Motion to Strike Defendants' Defenses is May 25, 2015; 2. The hearing currently scheduled for June 3, 2015, following the Rule 16 conference is hereby canceled; and 3. Plaintiff will contact the Court to schedule a hearing date pursuant to L.R. 7.1(b). Signed by Magistrate Judge Jeffrey J. Keyes on 5/4/15. (AKL)
May 4, 2015 Filing 21 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Latira Burnip re #20 Stipulation (Fisher, Michele)
May 4, 2015 Filing 20 STIPULATION for Extension of Time to Move to Strike Defendants' Defenses by Latira Burnip and Defendants. (Fisher, Michele) Modified on 5/4/2015 (kt).
April 20, 2015 Filing 19 NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 6/3/2015 11:00 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Attachments: #1 Consent Form)(lmb)
April 16, 2015 Filing 18 NOTICE by Latira Burnip of Consent Filing (1) (Attachments: #1 Consent Form)(Thronson, Ashley)
April 15, 2015 Filing 17 CERTIFICATE OF SERVICE by Latira Burnip re #4 Order Regarding Dispositive Motions (Thronson, Ashley)
April 14, 2015 Opinion or Order Filing 16 TEXT ONLY ENTRY: ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Gregory V. Mersol for HMSHost Corporation and Host International, Inc.; and granting #14 Motion for Admission Pro Hac Vice of Attorney Jeffrey R. Vlasek for HMSHost Corporation and Host International, Inc. Approved by Magistrate Judge Jeffrey J. Keyes on 4/14/2015. (JLW)
April 14, 2015 Filing 15 CERTIFICATE OF SERVICE ON PROPOSED ORDER by HMSHost Corporation, Host International, Inc. re #7 MOTION to Dismiss/General Plaintiff's State Law Claims (Schmitt, Joseph)
April 13, 2015 Filing 14 MOTION for Admission Pro Hac Vice for Attorney Jeffrey Vlasek. Filing fee $ 100, receipt number 0864-4383171 by HMSHost Corporation, Host International, Inc.. (Schmitt, Joseph)
April 13, 2015 Filing 13 MOTION for Admission Pro Hac Vice for Attorney Gregory Mersol. Filing fee $ 100, receipt number 0864-4383165 by HMSHost Corporation, Host International, Inc.. (Schmitt, Joseph)
April 13, 2015 Filing 12 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendants HMSHost Corporation, Host International, Inc.. (Schmitt, Joseph)
April 13, 2015 Filing 11 ANSWER to Complaint by HMSHost Corporation, Host International, Inc.. (Schmitt, Joseph)
April 13, 2015 Filing 10 Declaration of Jen Cornell in Support of #7 MOTION to Dismiss/General Plaintiff's State Law Claims filed by HMSHost Corporation, Host International, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Schmitt, Joseph)
April 13, 2015 Filing 9 MEMORANDUM in Support re #7 MOTION to Dismiss/General Plaintiff's State Law Claims filed by HMSHost Corporation, Host International, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schmitt, Joseph)
April 13, 2015 Filing 8 NOTICE OF HEARING ON MOTION #7 MOTION to Dismiss/General Plaintiff's State Law Claims : Motion Hearing set for 5/29/2015 09:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Schmitt, Joseph)
April 13, 2015 Filing 7 MOTION to Dismiss/General Plaintiff's State Law Claims by HMSHost Corporation, Host International, Inc.. (Schmitt, Joseph)
April 3, 2015 Filing 6 SUMMONS Returned Executed by Latira Burnip. Host International, Inc. served on 3/23/2015, answer due 4/13/2015. (Thronson, Ashley)
April 3, 2015 Filing 5 SUMMONS Returned Executed by Latira Burnip. HMSHost Corporation served on 3/23/2015, answer due 4/13/2015. (Thronson, Ashley)
April 3, 2015 Opinion or Order Filing 4 ORDER In Re: Dispositive Motion Practice. Signed by Senior Judge David S. Doty on 4/3/2015. (CLB)
March 19, 2015 Filing 3 Summons Issued as to HMSHost Corporation, Host International, Inc. (LPH)
March 19, 2015 Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge David S Doty per Master list referred to Magistrate Judge Jeffrey J Keyes. Please use case number 15-cv-1543 DSD/JJK. (LPH)
March 19, 2015 Filing 1 COMPLAINT against HMSHost Corporation, Host International, Inc.. ( Filing fee $ 400 receipt number 0864-4348753.) Filed by Latira Burnip. Filer requests summons issued. (Attachments: #1 Exhibit(s) A-Named Plaintiff Consent Form, #2 Exhibit(s) B-Additional Plaintiff Consent Forms, #3 Civil Cover Sheet) (Fisher, Michele)

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Search for this case: Burnip v. HMSHost Corporation et al
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Plaintiff: Burnip
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Plaintiff: Latira Burnip
Represented By: Ashley R Thronson
Represented By: Michele R Fisher
Represented By: Reena I Desai
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Defendant: HMSHost Corporation
Represented By: Jeffrey R. Vlasek
Represented By: Gregory V Mersol
Represented By: Joseph G Schmitt
Represented By: Jennifer L Cornell
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Defendant: Host International, Inc.
Represented By: Jeffrey R. Vlasek
Represented By: Gregory V Mersol
Represented By: Joseph G Schmitt
Represented By: Jennifer L Cornell
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