Deutsch v. My Pillow, Inc.
| Brandon Deutsch |
| My Pillow, Inc. |
| 0:2020cv00318 |
| January 23, 2020 |
| US District Court for the District of Minnesota |
| Susan Richard Nelson |
| Elizabeth Cowan Wright |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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Filing 173
JURY TRIAL NOTICE: A Jury Trial is set for Monday, July 31, 2023, at 9:00 AM in Courtroom 7B (Saint Paul Courthouse) before The Hon. Susan Richard Nelson. A Final Pretrial Conference is set for Monday, July 10, 2023, at 1:30 PM in Courtroom 7B (Saint Paul Courthouse) before The Hon. Susan Richard Nelson. (LLM)
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Filing 172
ORDER denying #134 Motion to Exclude Expert Testimony (Written Opinion). Signed by Judge Susan Richard Nelson on 5/1/2023. (MJC)
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Filing 171
SECOND AMENDED ORDER re #168 Order on Motions for Summary Judgment, Motion to Certify Class and to Appoint Counsel, correct counsel appointment. Signed by Judge Susan Richard Nelson on 4/28/2023. (RCW)
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Filing 170
LETTER TO DISTRICT JUDGE by Brandon Deutsch regarding Class Counsel. (Kaylor, Zackary)
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Filing 169
AMENDED ORDER re #168 Order on Motions for Summary Judgment, Motion to Certify Class, and Motion to Appoint Counsel, correcting omitted date and signature. (Written Opinion) Signed by Judge Susan Richard Nelson on 4/27/2023. (RCW)
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Filing 168
ORDER denying #121 Motion for Summary Judgment; granting #128 Motion to Certify Class and to Appoint Counsel; granting in part and denying in part #140 Motion for Summary Judgment. (Written Opinion) Signed by Judge Susan Richard Nelson on 4/27/2023. (RCW)
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Filing 167
NOTICE OF ATTORNEY SUBSTITUTION for My Pillow, Inc.. (Sokolowski, Joseph)
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Filing 166
Minute Entry for proceedings held before Judge Susan Richard Nelson: Motion Hearing held on 11/3/2022 re #140 MOTION for Summary Judgment filed by My Pillow, Inc., #134 MOTION to Exclude Expert Testimony of Plaintiffs' Expert Brian C. Grieser filed by My Pillow, Inc., #128 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel MOTION to Appoint Counsel filed by Brandon Deutsch, and #121 MOTION for Summary Judgment (Partial) filed by Brandon Deutsch. The motions were submitted, argued, and taken under advisement. (Court Reporter Lynne Krenz) (SMD)
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Filing 165
NOTICE by Brandon Deutsch Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Cadena v. Customer Connexx LLC)(Rusch, Jacob)
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Filing 164
REPLY re #159 Memorandum in Opposition to Motion filed by Brandon Deutsch. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusch, Jacob)
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Filing 163
Reply to Response to Motion re #134 MOTION to Exclude Expert Testimony of Plaintiffs' Expert Brian C. Grieser filed by My Pillow, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Olawsky, Janet)
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Filing 162
REPLY re #153 Memorandum in Opposition to Motion, filed by Brandon Deutsch. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusch, Jacob)
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Filing 161
Third Declaration of Joseph M. Sokolowski in Support of #140 MOTION for Summary Judgment filed by My Pillow, Inc.. (Attachments: #1 Exhibit(s) 1)(Olawsky, Janet)
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Filing 160
Reply to Response to Motion re #140 MOTION for Summary Judgment filed by My Pillow, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Olawsky, Janet)
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Filing 159
MEMORANDUM in Opposition re #121 MOTION for Summary Judgment (Partial) filed by My Pillow, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Olawsky, Janet)
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Filing 158
DECLARATION of Doug Wardlow in Opposition to #121 MOTION for Summary Judgment (Partial) filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 157
DECLARATION of Sherry Miles in Opposition to #121 MOTION for Summary Judgment (Partial) filed by My Pillow, Inc.. (Attachments: #1 Exhibit(s) 1)(Olawsky, Janet)
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Filing 156
DECLARATION of Joseph M. Sokolowski in Opposition to #128 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel MOTION to Appoint Counsel filed by My Pillow, Inc.. (Attachments: #1 Exhibit(s) 1)(Olawsky, Janet)
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Filing 155
DECLARATION of Sherry Miles in Opposition to #128 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel MOTION to Appoint Counsel filed by My Pillow, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3)(Olawsky, Janet)
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Filing 154
DECLARATION of Kyle Hagaman in Opposition to #128 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel MOTION to Appoint Counsel filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 153
MEMORANDUM in Opposition re #128 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel MOTION to Appoint Counsel filed by My Pillow, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Olawsky, Janet)
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Filing 152
Declaration of Zackary S. Kaylor in Support of #121 MOTION for Summary Judgment (Partial) filed by Brandon Deutsch. (Attachments: #1 Exhibit(s) 1 - Will, #2 Exhibit(s) 2 - Brief for the Secretary of Labor, #3 Exhibit(s) 3 - Rebuttal Report)(Rusch, Jacob)
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Filing 151
RESPONSE in Opposition re #140 MOTION for Summary Judgment filed by Brandon Deutsch. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusch, Jacob)
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Filing 150
RESPONSE in Opposition re #134 MOTION to Exclude Expert Testimony of Plaintiffs' Expert Brian C. Grieser filed by Brandon Deutsch. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusch, Jacob)
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Filing 149
PROPOSED ORDER TO JUDGE re #140 MOTION for Summary Judgment filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 148
Declaration of Kyle Hagaman in Support of #140 MOTION for Summary Judgment filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 147
Declaration of Kelli LaTour in Support of #140 MOTION for Summary Judgment filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 146
Declaration of Traci Schrempp in Support of #140 MOTION for Summary Judgment filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 145
Declaration of Sherry Miles in Support of #140 MOTION for Summary Judgment filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 144
MEET and CONFER STATEMENT re #140 Motion for Summary Judgment filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 143
MEMORANDUM in Support re #140 MOTION for Summary Judgment filed by My Pillow, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Olawsky, Janet)
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Filing 142
Declaration of Joseph M. Sokolowski in Support of #140 MOTION for Summary Judgment filed by My Pillow, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16)(Olawsky, Janet)
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Filing 141
NOTICE OF HEARING ON MOTION #140 MOTION for Summary Judgment : Motion Hearing set for 11/3/2022 at 01:00 PM in Courtroom 7B (STP) before Judge Susan Richard Nelson. (Olawsky, Janet)
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Filing 140
MOTION for Summary Judgment filed by My Pillow, Inc.. (Olawsky, Janet)
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Filing 139
PROPOSED ORDER TO JUDGE re #134 MOTION to Exclude Expert Testimony of Plaintiffs' Expert Brian C. Grieser filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 138
MEET and CONFER STATEMENT re #134 Motion to Exclude Expert Testimony filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 137
Declaration of Joseph M. Sokolowski in Support of #134 MOTION to Exclude Expert Testimony of Plaintiffs' Expert Brian C. Grieser filed by My Pillow, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2)(Olawsky, Janet)
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Filing 136
MEMORANDUM in Support re #134 MOTION to Exclude Expert Testimony of Plaintiffs' Expert Brian C. Grieser filed by My Pillow, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Olawsky, Janet)
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Filing 135
NOTICE OF HEARING ON MOTION #134 MOTION to Exclude Expert Testimony of Plaintiffs' Expert Brian C. Grieser : Motion Hearing set for 11/3/2022 at 01:00 PM in Courtroom 7B (STP) before Judge Susan Richard Nelson. (Olawsky, Janet)
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Filing 134
MOTION to Exclude Expert Testimony of Plaintiffs' Expert Brian C. Grieser filed by My Pillow, Inc.. (Olawsky, Janet)
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Filing 133
Declaration of Jacob R. Rusch in Support of #128 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 132
PROPOSED ORDER TO JUDGE re #128 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 131
MEET and CONFER STATEMENT re #128 Motion to Certify Class filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 130
MEMORANDUM in Support re #128 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel filed by Brandon Deutsch. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusch, Jacob)
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Filing 129
NOTICE OF HEARING ON MOTION #128 MOTION to Certify Class and Appointment of Class Representatives and Class Counsel : Motion Hearing set for 11/3/2022 at 01:00 PM in Courtroom 7B (STP) before Judge Susan Richard Nelson. (Rusch, Jacob)
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Filing 128
MOTION to Certify Class; MOTION for Appointment of Class Representatives and Class Counsel filed by Brandon Deutsch. (Rusch, Jacob). Added MOTION to Appoint Counsel on 9/23/2022 (kt).
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Filing 127
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #126 Sealed Document(s) - #126 Sealed Exhibit 19 filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 126
SEALED EXHIBIT 19 re #124 Declaration in Support filed by Plaintiffs.(Rusch, Jacob)
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Filing 125
PROPOSED ORDER TO JUDGE re #121 MOTION for Summary Judgment (Partial) filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 124
Declaration of Zackary S. Kaylor in Support of #121 MOTION for Summary Judgment (Partial) filed by Brandon Deutsch. (Attachments: #1 Exhibit(s) EXHIBITS 1-18, 20-27)(Rusch, Jacob) PORTABLE MEDIA CONVENTIONALLY FILED IN CLERK'S OFFICE ON 9/22/22. Modified text on 9/23/2022 (ABR).
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Filing 123
MEMORANDUM in Support re #121 MOTION for Summary Judgment (Partial) filed by Brandon Deutsch. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusch, Jacob)
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Filing 122
NOTICE OF HEARING ON MOTION #121 MOTION for Summary Judgment (Partial) : Motion Hearing set for 11/3/2022 at 01:00 PM in Courtroom 7B (STP) before Judge Susan Richard Nelson. (Rusch, Jacob)
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Filing 121
MOTION for Summary Judgment (Partial) filed by Brandon Deutsch. (Rusch, Jacob)
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Filing 120
BRIEFING ORDER. See order for dates and details. Signed by Judge Susan Richard Nelson on 9/22/2022.(SMD)
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Filing 119
LETTER TO DISTRICT JUDGE by Brandon Deutsch Joint Briefing Schedule Request. (Rusch, Jacob)
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Filing 118
(Text-Only) ORDER in Response to #117 Letter to Request Permission to Exceed Word/Line Limits. The Plaintiffs' request for an additional 6,000 words (for a total of 18,000 words in both opening and reply briefs) for their anticipated Motion for Summary Judgment is GRANTED. Defendant shall also be entitled to use 18,000 words in its response to the motion. The Court recently granted a similar request for Defendant's anticipated Motion for Summary Judgment [Doc. No. 112]. As for both requests for extensions of the word limit, the Court expects the parties to ensure that the briefing is not redundant and that care is taken to present the arguments in a succinct manner. Ordered by Judge Susan Richard Nelson on 9/19/2022. (SMD) Modified text on 9/19/2022 (SMD).
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Filing 117
LETTER to Request Permission to Exceed Word/Line Limits . (Rusch, Jacob)
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Filing 116
ORDER on #113 Stipulation of Dismissal of Count III With Prejudice. Signed by Judge Susan Richard Nelson on 9/16/2022.(SMD)
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Filing 115
DOCUMENT FILED IN ERROR: REFILED (Text-Only) ORDER on #113 Stipulation of Dismissal of Count III. Ordered by Judge Susan Richard Nelson on 9/16/2022. (SMD) Modified text on 9/16/2022 (kt).
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Filing 114
PROPOSED ORDER TO JUDGE re #113 Stipulation of Dismissal. (Olawsky, Janet)
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Filing 113
STIPULATION of Dismissal of Count III by My Pillow, Inc.. Jointly Signed by Brandon Deutsch. (Olawsky, Janet)
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Filing 112
(Text-Only) ORDER in Response to #110 Letter to Request Permission to Exceed Word/Line Limits. The Defendant's request for an additional 6,000 words (for a total of 18,000 words in both opening and reply briefs) for its anticipated Motion for Summary Judgment is GRANTED. Plaintiffs shall also be entitled to use 18,000 words in their response to the motion. Ordered by Judge Susan Richard Nelson on 9/13/2022. (SMD) Modified text on 9/19/2022 (SMD).
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Filing 111
ORDER FOR PARTIAL DISMISSAL WITH PREJUDICE on #108 Stipulation. Signed by Judge Susan Richard Nelson on 9/13/2022. (SMD)
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Filing 110
LETTER to Request Permission to Exceed Word/Line Limits in Summary Judgment briefing. (Olawsky, Janet)
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Filing 109
PROPOSED ORDER TO JUDGE re #108 Stipulation of Dismissal. (Olawsky, Janet)
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Filing 108
STIPULATION of Dismissal of Claims Relating to Time Spent Returning from Breaks by My Pillow, Inc.. Jointly Signed by Brandon Deutsch. (Olawsky, Janet)
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Filing 107
NOTICE by Brandon Deutsch Withdrawal of Filed Consent to Sue (Rusch, Jacob)
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Filing 106
NOTICE by Brandon Deutsch Withdrawal of Filed Consent to Sue (Rusch, Jacob)
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Filing 105
NOTICE by Brandon Deutsch Withdrawal of Filed Consent to Sue (Rusch, Jacob)
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Filing 104
NOTICE by Brandon Deutsch Withdrawal of Filed Consent to Sue (Rusch, Jacob)
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Filing 103
NOTICE by Brandon Deutsch Withdrawal of Filed Consent to Sue #59 (Rusch, Jacob) Modified text on 8/4/2022 (ABR).
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Filing 102
TRANSCRIPT of Motions Hearing held on 7/14/2022 before Magistrate Judge Elizabeth Cowan Wright. (50 pages). Court Reporter: Erin Drost. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 8/1/2022. Redaction Request due 8/15/2022. Redacted Transcript Deadline set for 8/23/2022. Release of Transcript Restriction set for 10/21/2022. (EDD)
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Filing 101
TRANSCRIPT REQUEST for an Expedited 3-Day Transcript of #100 Order on Motion to Alter/Amend/Supplement Pleadings,, Motion Hearing, to Court Reporter Erin Drost. (Rusch, Jacob)
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Filing 100
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: denying #87 Motion to Alter/Amend/Supplement Pleadings. Motion Hearing held on 7/14/2022 re #87 MOTION to Alter/Amend/Supplement Pleadings Amend Class Definition filed by Brandon Deutsch. (Court Reporter Erin Drost) (SK)
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Filing 99
REPLY re #95 Memorandum in Opposition to Motion filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 98
(Text-Only) ORDER in Response to #97 Letter to Magistrate Judge. Plaintiff filed a letter requesting permission to file a reply brief in support of his Motion to Amend Class Definition (Dkt. 97; see Dkt. 87). The request is GRANTED and Plaintiff must file his reply on July 12, 2022. Ordered by Magistrate Judge Elizabeth Cowan Wright on 7/12/2022.(TMA)
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Filing 97
LETTER TO MAGISTRATE JUDGE by Brandon Deutsch Plaintiff's Request to File Reply to Opposition. (Rusch, Jacob)
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Filing 96
DECLARATION of Sherry Miles in Opposition to #87 MOTION to Alter/Amend/Supplement Pleadings Amend Class Definition filed by My Pillow, Inc..(Olawsky, Janet)
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Filing 95
MEMORANDUM in Opposition re #87 MOTION to Alter/Amend/Supplement Pleadings Amend Class Definition filed by My Pillow, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Olawsky, Janet)
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Filing 94
(Text-Only) ORDER/NOTICE: The Motion Hearing set for 7/14/2022 will begin at 10:30 AM, rather than 11:00 AM in Courtroom 3C (STP) before Magistrate Judge Elizabeth Cowan Wright. Ordered by Magistrate Judge Elizabeth Cowan Wright on 7/6/2022.(TMA)
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Filing 93
(Text-Only) ORDER/NOTICE: The Motion Hearing set for 7/14/2022 at 11:00 AM will be held in Courtroom 3C (STP) before Magistrate Judge Elizabeth Cowan Wright. THIS IS A COURTROOM CHANGE ONLY. Ordered by Magistrate Judge Elizabeth Cowan Wright on 7/1/2022.(TMA)
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Filing 92
PROPOSED ORDER TO JUDGE re #87 MOTION to Alter/Amend/Supplement Pleadings Amend Class Definition filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 91
MEET and CONFER STATEMENT re #87 Motion to Alter/Amend/Supplement Pleadings filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 90
Declaration of Zackary S. Kaylor in Support of #87 MOTION to Alter/Amend/Supplement Pleadings Amend Class Definition filed by Brandon Deutsch. (Attachments: #1 Exhibit(s) A)(Rusch, Jacob)
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Filing 89
MEMORANDUM in Support re #87 MOTION to Alter/Amend/Supplement Pleadings Amend Class Definition filed by Brandon Deutsch. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusch, Jacob)
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Filing 88
NOTICE OF HEARING ON MOTION #87 MOTION to Alter/Amend/Supplement Pleadings Amend Class Definition : Motion Hearing set for 7/14/2022 at 11:00 AM in Courtroom 6B (STP) before Magistrate Judge Elizabeth Cowan Wright. (Rusch, Jacob)
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Filing 87
MOTION to Alter/Amend/Supplement Pleadings Amend Class Definition filed by Brandon Deutsch. (Rusch, Jacob)
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Filing 86
NOTICE of Appearance by Janet M Olawsky on behalf of My Pillow, Inc.. (Olawsky, Janet)
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Filing 85
ORDER on #83 Stipulation. See Order for deadlines. Signed by Magistrate Judge Elizabeth Cowan Wright on 3/30/2022.(TMA)
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Filing 84
PROPOSED ORDER TO JUDGE re #83 Stipulation. (Sokolowski, Joseph)
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Filing 83
STIPULATION to Amend Post-Conditional Certification Pretrial Scheduling Order by My Pillow, Inc.. Jointly Signed by Brandon Deutsch. (Sokolowski, Joseph)
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Filing 82
ORDER on #80 Stipulation. 1.The deadline for the parties to engage in private mediation with The Honorable John Borg be extended from February 2, 2022 to March 15, 2022.2.The deadline to submit a proposed modified post-certification scheduling order, in the event mediation is unsuccessful, be extended from February 12, 2022 to March 25, 2022.The parties are advised that no further extensions will be granted absent extraordinary circumstances. Signed by Magistrate Judge Elizabeth Cowan Wright on 2/2/2022.(TMA)
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Filing 81
PROPOSED ORDER TO JUDGE re #80 Stipulation. (Sokolowski, Joseph)
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Filing 80
STIPULATION to Extend Deadlines by My Pillow, Inc.. Jointly Signed by Brandon Deutsch. (Sokolowski, Joseph)
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Filing 79
ORDER REGARDING PRIVATE MEDIATION. See ORDER for instruction to counsel. Signed by Magistrate Judge Elizabeth Cowan Wright on 1/4/2022.(TMA)
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Filing 78
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Status Conference held on 1/4/2022. The Court held a status conference regarding settlement discussions. The Court will issue an order regarding private mediation. (TMA)
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Filing 77
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Status Conference held on 11/29/2021. Status Conference set for 1/4/2022 at 11:30 AM before Magistrate Judge Elizabeth Cowan Wright. The Court held a status conference regarding settlement discussions. Plaintiff has made a demand on Defendant and Defendant is expected to respond shortly. The Court will hold a status conference on January 4, 2022, at 11:30 a.m. and the parties are encouraged to continue their fulsome discussions in anticipation of that date. (TMA)
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Filing 76
ORDER on #74 Stipulation. Status Conference reset for 11/29/2021 at 09:00 AM before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 10/8/2021.(TMA)
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Filing 75
PROPOSED ORDER TO JUDGE re #74 Stipulation. (Rusch, Jacob)
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Filing 74
STIPULATION to Continue Status Conference by Brandon Deutsch. Jointly signed by My Pillow, Inc. (Attachments: #1 DOCUMENT FILED IN ERROR: REFILED SEPARATELY Proposed Order)(Rusch, Jacob) Modified text on 10/7/2021 (kt).
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Filing 73
(Text-Only) ORDER/NOTICE: Status Conference set for 10/12/2021 at 09:30 AM before Magistrate Judge Elizabeth Cowan Wright. Ordered by Magistrate Judge Elizabeth Cowan Wright on 8/10/2021.(TMA)
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Filing 72
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Status Conference held on 8/10/2021.The Court held a status conference. The parties reported they have exchanged informal discovery, are working on settlement negotiations, and hope to resolve the case in about 60 days. The Court will hold a status conference in approximately 60 days so the parties can provide an update as to their discussions and whether a settlement conference will be necessary. Status Conference set for 10/12/2021 at 09:30 AM before Magistrate Judge Elizabeth Cowan Wright. (TMA)
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Filing 71
(Text-Only) ORDER/NOTICE: The Telephone Conference that was scheduled for 8/9/2021 is RESCHEDULED for 8/10/2021 at 10:00 AM before Magistrate Judge Elizabeth Cowan Wright. Ordered by Magistrate Judge Elizabeth Cowan Wright on 5/27/2021.(TMA)
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Filing 70
POST-CONDITIONAL CERTIFICATION SCHEDULING ORDER: Telephone Conference set for 8/9/2021 at 09:00 AM before Magistrate Judge Elizabeth Cowan Wright. Fact Discovery due by 1/21/2022. Motions (non-disp) due 2/4/2022. Motions (disp) due by 1/21/2022. Signed by Magistrate Judge Elizabeth Cowan Wright on 5/10/2021.(TMA)
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Filing 69
PROTECTIVE ORDER Signed by Magistrate Judge Elizabeth Cowan Wright on 5/7/2021.(TMA)
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Filing 68
PROPOSED ORDER TO JUDGE re #67 Stipulation. (Sokolowski, Joseph)
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Filing 67
STIPULATION for Protective Order by My Pillow, Inc.. Jointly Signed by My Pillow, Inc. and Brandon Deutsch. (Sokolowski, Joseph)
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Filing 66
STIPULATION Joint Discovery Plan by My Pillow, Inc.. Jointly Signed by My Pillow, Inc. and Brandon Deutsch. (Sokolowski, Joseph)
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Filing 65
NOTICE by Brandon Deutsch Notice of Filing Consent to Sue Pursuant To 29 U.S.C. 216(b) (Attachments: #1 Consents to Sue)(Rusch, Jacob)
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Filing 64
NOTICE by Brandon Deutsch Notice of Filing Consent to Sue Pursuant To 29 U.S.C. 216(b) (Attachments: #1 Consent to Sue)(Rusch, Jacob)
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Filing 63
NOTICE by Brandon Deutsch Notice of Filing Consent to Sue Pursuant To 29 U.S.C. 216(b) (Attachments: #1 Consent to Sue)(Rusch, Jacob)
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Filing 62
NOTICE by Brandon Deutsch Notice of Filing Consent to Sue Pursuant To 29 U.S.C. 216(b) (Attachments: #1 Consent to Sue)(Rusch, Jacob)
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Filing 61
NOTICE of Appearance by Zackary S. Kaylor on behalf of Brandon Deutsch. (Kaylor, Zackary)
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Filing 60
NOTICE by Brandon Deutsch Notice of Withdrawal of Filed Consent to Sue (Rusch, Jacob)
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Filing 59
WITHDRAWN 8/3/2022 per #103 NOTICE by Brandon Deutsch Notice of Filing Consent to Sue Pursuant To 29 U.S.C. 216(b) (Attachments: #1 Consent to Sue)(Rusch, Jacob) Modified text on 8/4/2022 (ABR).
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Filing 58
NOTICE by Brandon Deutsch Notice of Filing Consent to Sue Pursuant To 29 U.S.C. 216(b) (Attachments: #1 Consent to Sue)(Rusch, Jacob)
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Filing 57
NOTICE by Brandon Deutsch Notice of Filing Consent to Sue Pursuant To 29 U.S.C. 216(b) (Attachments: #1 Consent to Sue)(Rusch, Jacob)
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Filing 56
NOTICE by Brandon Deutsch Notice of Filing Consent to Sue Pursuant To 29 U.S.C. 216(b) (Attachments: #1 Consents to Sue)(Rusch, Jacob)
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Filing 55
ORDER granting #35 Motion to Certify Conditional Class(Written Opinion) Signed by Magistrate Judge Elizabeth Cowan Wright on 12/15/2020. (Attachments: #1 Attachment A) (TMA)
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Filing 54
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Motion Hearing held on 9/10/2020 re #35 MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service filed by Brandon Deutsch. (Court Reporter Maria Weinbeck) (EMCS)
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Filing 53
RESPONSE in Support re #35 MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service filed by Brandon Deutsch. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusch, Jacob)
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Filing 52
(Text-Only) ORDER in Response to #51 Letter to Magistrate Judge.Plaintiffs have requested permission to file a reply brief in connection with their Motion for Conditional Certification. (Dkt. 51.) The request is GRANTED. Plaintiffs should file a reply brief of no more than 3,500 words detailing the actual boot up and log in procedure at issue on or before September 4, 2020. Ordered by Magistrate Judge Elizabeth Cowan Wright on 8/31/2020.(TMA)
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Filing 51
LETTER TO MAGISTRATE JUDGE by Brandon Deutsch Letter Request for Plaintiffs to file a Reply to Defendant's Opposition to Plaintiffs' Motion for Conditional Certification. (Rusch, Jacob)
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Filing 50
DECLARATION of Sherry Miles in Opposition to #35 MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service filed by My Pillow, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Sokolowski, Joseph)
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Filing 49
DECLARATION of Joseph Sokolowski in Opposition to #35 MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service filed by My Pillow, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Sokolowski, Joseph)
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Filing 48
MEMORANDUM in Opposition re #35 MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service filed by My Pillow, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Sokolowski, Joseph)
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Filing 47
SCHEDULING ORDER Signed by Magistrate Judge Elizabeth Cowan Wright on 8/26/2020.(TMA)
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Filing 46
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Initial Pretrial Conference held on 8/25/2020. A scheduling order will be issued. (TMA)
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Filing 45
(Text-Only) ORDER/NOTICE: The hearing on the motion for conditional class certification is scheduled for September 10, 2020 at 2:00 p.m. before Magistrate Judge Wright via videoconference. If a member of the public wishes to listen to the hearing, they should contact Magistrate_Wright_Chambers@MND.uscourts.gov to obtain remote access. Ordered by Magistrate Judge Elizabeth Cowan Wright on 8/13/2020.(TMA)
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Filing 44
(Text-Only) ORDER/NOTICE TO ATTORNEY. At the request of the parties, the motion for conditional class certification will be stricken from the courts calendar on 8/25 and will be rescheduled for a later date. Ordered by Magistrate Judge Elizabeth Cowan Wright on 8/12/2020.(TMA)
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Filing 43
(Text-Only) ORDER/NOTICE: The Pretrial Conference that was scheduled for 8/20/2020 is RESCHEDULED for 8/25/2020 at 10:30 AM before Magistrate Judge Elizabeth Cowan Wright.(TMA)
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Filing 42
(Text-Only) ORDER/NOTICE:The Telephonic Pretrial Conference that was scheduled for August 13 at 9:00 a.m. is RESCHEDULED for 8/20/2020 at 11:30 AM before Magistrate Judge Elizabeth Cowan Wright. (TMA)
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Filing 41
REPORT of Rule 26(f) Planning Meeting. Filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 40
CERTIFICATE OF SERVICE ON PROPOSED ORDER by Brandon Deutsch re #35 MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service (Rusch, Jacob)
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Filing 39
MEET and CONFER STATEMENT re #35 filed by Brandon Deutsch.(Rusch, Jacob)
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Filing 38
DECLARATION of Jacob R. Rusch re #35 MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service by Brandon Deutsch . (Attachments: #1 Exhibit(s) 1 - DOL Factsheet 64, #2 Exhibit(s) 2 - Declaration of Craig Lyons, #3 Exhibit(s) 3 - Proposed Notice and Consent to Sue, #4 Exhibit(s) 4 - Sykes Order Granting Conditional Certification)(Rusch, Jacob)
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Filing 37
MEMORANDUM in Support re #35 MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service filed by Brandon Deutsch. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusch, Jacob)
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Filing 36
NOTICE OF HEARING ON MOTION #35 MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service : Motion Hearing set for 8/25/2020 at 10:30 AM in Video Conference (no courtroom) before Magistrate Judge Elizabeth Cowan Wright. (Rusch, Jacob) Modified text on 8/6/2020 (SMD).
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Filing 35
MOTION to Certify Conditional Class and Notification to all Putative Class Members pursuant to 29 U.S.C. 216(b) with Certificate of Service filed by Brandon Deutsch. (Rusch, Jacob)
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Filing 34
ORDER/NOTICE: Rule 26 Meeting Report due by 8/6/2020. TELEPHONIC Pretrial Conference set for 8/13/2020 at 09:00 AM before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 7/10/2020. (Attachments: #1 Consent Form)(TMA)
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Filing 33
ANSWER to Amended Complaint and Defenses filed by My Pillow, Inc.. (Sokolowski, Joseph)
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Filing 32
NOTICE of Withdrawal as Attorney of Jennell K. Shannon (Rusch, Jacob)
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Filing 31
AMENDED COMPLAINT against My Pillow, Inc.. filed by Brandon Deutsch. No summons requested. (Attachments: #1 Exhibit(s) Consent to Sue, #2 Exhibit(s) DOL Fact Sheet #64) (Becker, Timothy)
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Filing 30
NOTICE by Brandon Deutsch Notice of Filing Consent to Sue Pursuant To 29 U.S.C. 216(b) (Attachments: #1 (Lyons))(Shannon, Jennell)
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Filing 29
ORDER granting #25 Motion for Extension of Time to Answer. Defendant My Pillow, Inc. shall have until and including June 5, 2020 to file and serve a responsive pleading. If the parties seek an additional extension, they shall provide detailed reasons in their stipulation or request a status call with the Court to provide those reasons. Signed by Magistrate Judge Elizabeth Cowan Wright on 5/11/2020. (TMA)
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Filing 28
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Status Conference held on 5/11/2020. Counsel provided an update as to informal discovery. (TMA)
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Filing 27
(Text-Only) ORDER/NOTICE: Status Conference set for 5/11/2020 at 02:00 PM before Magistrate Judge Elizabeth Cowan Wright. Ordered by Magistrate Judge Elizabeth Cowan Wright on 5/8/2020.(TMA)
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Filing 26
PROPOSED ORDER TO JUDGE re #25 Fifth MOTION for Extension of Time to File Answer re #1 Complaint, filed by My Pillow, Inc..(Mills, Amanda)
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Filing 25
Fifth MOTION for Extension of Time to File Answer re #1 Complaint, filed by My Pillow, Inc.. (Mills, Amanda)
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Filing 24
ORDER granting #22 Motion for Extension of Time to Answer My Pillow, Inc. answer or otherwise respond due date: 5/4/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 4/6/2020. (TMA)
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Filing 23
PROPOSED ORDER TO JUDGE re #22 Fourth MOTION for Extension of Time to File Answer re #1 Complaint, filed by My Pillow, Inc..(Mills, Amanda)
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Filing 22
Fourth MOTION for Extension of Time to File Answer re #1 Complaint, filed by My Pillow, Inc.. (Mills, Amanda)
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Filing 21
ORDER in Response to #20 Letter to Magistrate Judge. Defendant My Pillow, Inc. shall have until and including April 2, 2020 to file and serve a responsive pleading to the Complaint. Signed by Magistrate Judge Elizabeth Cowan Wright on 3/20/2020. (TMA)
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Filing 20
LETTER TO MAGISTRATE JUDGE by My Pillow, Inc. . (Attachments: #1 Proposed Order Extending Answer Deadline to April 2, 2020)(Mills, Amanda)
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Filing 19
ORDER granting #17 Motion for Extension of Time to Answer My Pillow, Inc. answer due 4/9/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 3/19/2020. (TMA)
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Filing 18
PROPOSED ORDER TO JUDGE re #17 Second MOTION for Extension of Time to File Answer re #16 Order on Motion for Extension of Time to Answer Complaint filed by My Pillow, Inc..(Mills, Amanda)
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Filing 17
Second MOTION for Extension of Time to File Answer re #16 Order on Motion for Extension of Time to Answer Complaint filed by My Pillow, Inc. Jointly signed by Plaintiff. (Mills, Amanda) Modified text on 3/18/2020 (kt).
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Filing 16
ORDER granting #14 Motion for Extension of Time to Answer My Pillow, Inc. answer or otherwise respond due date: 3/19/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 3/5/2020. (TMA)
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Filing 15
PROPOSED ORDER TO JUDGE re Extending Answer Deadline #14 Motion for Extension of Time to File Answer. (Mills, Amanda)
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Filing 14
Second MOTION for Extension of Time to File Answer re #13 Order on Motion for Extension of Time to Answer filed by My Pillow, Inc.. (Mills, Amanda)
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Filing 13
ORDER granting #11 Motion for Extension of Time to Answer My Pillow, Inc. answer due 3/5/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 2/19/2020. (TMA)
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Filing 12
PROPOSED ORDER TO JUDGE re #11 MOTION for Extension of Time to File Answer re #1 Complaint, Stipulated Motion to Extend Answer Deadline filed by My Pillow, Inc..(Sokolowski, Joseph)
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Filing 11
MOTION for Extension of Time to File Answer re #1 Complaint, Stipulated Motion to Extend Answer Deadline filed by My Pillow, Inc. Jointly signed by Plaintiff. (Sokolowski, Joseph) Modified text on 2/19/2020 (kt).
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Filing 10
RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant My Pillow, Inc.. (Mills, Amanda)
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Filing 9
NOTICE of Appearance by Amanda S Mills on behalf of My Pillow, Inc.. (Mills, Amanda)
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Filing 8
NOTICE of Appearance by Joseph M Sokolowski on behalf of My Pillow, Inc.. (Sokolowski, Joseph)
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Filing 7
SUMMONS Returned Executed by Brandon Deutsch. My Pillow, Inc. served on 1/30/2020, answer due 2/20/2020. (Shannon, Jennell)
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Filing 6
Summons Reissued as to My Pillow, Inc. (CLK)
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Filing 5
NOTICE by Brandon Deutsch NOTICE OF FILING CONSENT TO SUE PURSUANT TO 29 U.S.C. 216(b) (Attachments: #1 Jenkins)(Shannon, Jennell)
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Filing 4
Redacted Document for #1 Deutsch CTS_Redacted Exhibit A to Complaint. (Shannon, Jennell)
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Filing 3
Summons Issued as to My Pillow, Inc. (lmb)
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Filing 2
TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Susan Richard Nelson per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 20-cv-318 (SRN/ECW). (lmb)
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Filing 1
COMPLAINT against My Pillow, Inc. (filing fee $400, receipt number AMNDC-7426825) filed by Brandon Deutsch. Filer requests summons issued. (Attachments: #1 RESTRICTED PER COUNSEL. FILING REDACTED VERSION. Exhibit(s) Deutsch Consent to Sue, #2 Exhibit(s) DOL Fact Sheet 64, #3 Civil Cover Sheet) (Shannon, Jennell) Modified text on 1/24/2020 (lmb). Modified text/restriction on 1/24/2020 (CLK).
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