Kidd et al v. Lowe's Home Centers, LLC et al
| Laurie Kesler, Rhonda Peden and Theresa Kidd |
| Lowe's Companies, Inc., Lowe's HIW, Inc. and Lowe's Home Centers, LLC |
| 1:2019cv00245 |
| April 17, 2019 |
| US District Court for the Southern District of Mississippi |
| Southern Office |
| John C Gargiulo |
| Halil S Ozerden |
| Robert H Walker |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.
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Filing 88
FINAL JUDGMENT OF DISMISSAL: action is dismissed with prejudice as to all parties. Court hereby specifically retains jurisdiction to enforce arbiter's award. Signed by District Judge Halil S. Ozerden on 5/20/2022 (wld)
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NOTICE of Hearing: TELEPHONIC Status Conference set for 4/12/2022 at 1:30 PM before Magistrate Judge Robert H Walker. Counsel for Defense will place the call to Judge Walker's Chambers (228-563-1755) with all necessary counsel on the line. (AB)
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Minute Entry for proceedings held before Magistrate Judge Robert H Walker: TELEPHONIC Status Conference held on 4/12/2022. PARTICIPANTS: Joseph Russ Bryant - PHV (counsel for Plaintiffs); Nicholas F. Morisani and Elena Marcuss (counsel for Defendants). Counsel advised the Court that this matter is subject to binding arbitration which is ongoing. Therefore, all counsel agree that a standard closing order can be entered with the Court retaining jurisdiction to enforce the arbiter's award. (AB)
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Reset Hearing: Due to a scheduling conflict with the Court, the TELEPHONIC Status Conference is RESET for 4/11/2022 at 1:30 PM before Magistrate Judge Robert H Walker. Counsel for Plaintiff will place the call to Judge Walker's Chambers (228-563-1755) with all necessary counsel on the line. (AB)
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Filing 87
Joint MOTION to Withdraw as Attorney (s) Amy E. Beverlin and Matthew C. Kane by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Beverlin - PHV, Amy)
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TEXT ONLY ORDER granting #86 Motion to Withdraw as Attorney. Attorney Amy E. Beverlin is granted leave to withdraw and terminated from the docket. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Robert H Walker on 1/25/22 (HM)
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TEXT ONLY ORDER granting #87 Motion to Withdraw as Attorney. Attorney Matthew C. Kane is granted leave to withdraw as counsel and terminated from the docket. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Robert H Walker on 1/25/22 (HM)
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Minute Entry for proceedings held before Magistrate Judge Robert H Walker: TELEPHONIC Status Conference held on 1/25/2022. PARTICIPANTS: Garner J. Wetzel and Joseph Russ Bryant - PHV (counsel for Plaintiffs); Nicholas F. Morisani (counsel for Defendants). Attorneys advised that 100 Arbitrations have been filed and processed with AAA but all have been stayed at this time as the parties are optimistic that all cases will be settled in mass. Counsel anticipate this process will take up to three months to complete. The Court will notice a telephonic status conference for April 12, 2022 at 9:30 AM. (AB)
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NOTICE of Hearing: TELEPHONIC Status Conference set for 4/12/2022 at 9:30 AM before Magistrate Judge Robert H Walker. Counsel for Plaintiff will place the call to Judge Walker's Chambers (228-563-1755) with all necessary counsel on the line. (AB)
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Filing 86
MOTION to Withdraw as Attorney by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Beverlin - PHV, Amy)
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NOTICE of Hearing: TELEPHONIC Status Conference set for 1/25/2022 at 1:30 PM before Magistrate Judge Robert H Walker. Counsel for Plaintiff will place the call to Judge Walker's Chambers (228-563-1755) with all necessary counsel on the line. (AB)
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Filing 85
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert H Walker for all further proceedings. Magistrate Judge John C. Gargiulo no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 10/1/21. (JCH)
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Parties should include the newly assigned Magistrate Judge's initials RHWR on future filings. (JCH)
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Filing 84
ORDER granting the parties' Joint Motions #81 , #82 , #83 to Compel Named Plaintiffs and Opt-In Plaintiffs to Individual Arbitrations, Vacate Summary Trial, and Stay Action. Signed by District Judge Halil S. Ozerden on March 22, 2021. (JAR)
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Filing 83
Joint MOTION Stay Action Pending Completion of Individual Arbitrations by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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Filing 82
Joint MOTION to Vacate Summary Trial by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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Filing 81
Joint MOTION to Compel Named Plaintiffs and Opt-In Plaintiffs to Individual Arbitrations by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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TEXT ONLY ORDER resetting Pretrial Conference to a Telephonic Pretrial Conference for Tuesday, March 23, 2021 at 9:30 a.m. Chambers will e-mail counsel the Call-in number. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 3/22/2021. (ALS)
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Case Stayed (wld)
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DOCKET ANNOTATION as to #80. This is a "text only" order and was inadvertently assigned a document number. Clerk has modified the text to reflect it as a "text only" order. (wld)
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Filing 80
TEXT ONLY ORDER granting #79 Motion to Withdraw as Attorney. Attorney Bruce M. Steen - PHV terminated. No further written order will issue from the Court. Signed by Magistrate Judge John C. Gargiulo on 3/8/21 (HM) Modified text on 3/22/2021 to add "text only" (wld).
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Filing 79
Unopposed MOTION to Withdraw as Attorney Bruce M. Steen by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Steen - PHV, Bruce)
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Filing 78
Order Setting Pretrial Conference. Signed by District Judge Halil S. Ozerden on 2/22/2021. (ALS)
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TEXT ONLY TRIAL ORDER: Bench trial set for 4/19/2021 at 9:00 a.m., before Judge Halil S. Ozerden, Courtroom 806. Pretrial Conference set for 3/23/2020, at 9:30 a.m., Chambers, 814. NO FURTHER WRITTEN ORDER WILL ISSUE. FROM THE COURT. Signed by District Judge Halil S. Ozerden on 12/16/2020. (ALS)
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Minute Entry for proceeding held before District Judge Halil S. Ozerden: Telephonic Status Conference held on 12/16/2020. Bench Trial set for 4/19/2021 at 9:00 a.m. Pretrial Conference set for 3/23/2020 at 9:30 a.m. Estimated trial time is 1 2 days. Appearances: Joseph Russ Bryant, PHV and Garner J. Wetzel, Counsel for Plaintiffs; Matthew C. Kane, PHV and Nicholas F. Morisani, Counsel for Defendants. (ALS)
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TEXT ONLY ORDER scheduling a telephonic status conference before District Judge Halil S. Ozerden on December 16, 2020 at 11:00 am CDT for the purpose of setting a date for trial. The Court will email counsel the call-in number at a later date. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 12/9/2020. (ALS)
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Filing 77
ORDER granting Defendants' Second Motion #71 to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration. Signed by District Judge Halil S. Ozerden on December 2, 2020. (JAR)
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Filing 76
REPLY to Response to Motion re #71 Second MOTION to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration MOTION to Stay Proceedings filed by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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DOCKET ANNOTATION as to #74. Incorrect document attached. Counsel should refile correctly. Document #74 should be disregarded. (wld)
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Filing 75
RESPONSE in Opposition re #71 Second MOTION to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration MOTION to Stay Proceedings (Corrected) filed by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit A - Declarations of Kenneth Campbell-Sorrentino, Jacqueline Cassidy, Jeremy Crafton, Matt Hays, Joseph Rombola, Rachael Lanza, and Sandra Toth)(Bryant - PHV, Joseph)
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Filing 74
(DISREGARD)Response in Opposition re #71 Second MOTION to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Attachments: #1 Exhibit 1 - Declaration of Jodii Long, # 2 Exhibit 1 - Declaration of Jodi Long Long continued, # 3 Exhibit 1 - Declaration of Jodi Long continued, # 4 Exhibit 1 - Declaration of Jodi Long continued, # 5 Exhibit 1 - Declaration of Jodi Long continued, # 6 Exhibit 2 - Declaration of Samantha Monds)(Morisani, Nicholas). Added MOTION to Stay Proceedings on 8/31/2020 (wld). filed by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit A - Declarations of Kenneth Campbell-Sorrentino, Jacqueline Cassidy, Jeremy Crafton, Matt Hays, Joseph Rombola, Rachael Lanza, and Sandra Toth)(Bryant - PHV, Joseph) Modified on 9/28/2020 (wld).
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Docket Annotation as to Doc. #73. This document requests two motion reliefs. Each motion relief should be selected from the list of motion titles or each relief docketed separately. It is not necessary to refile as court staff has made the necessary correction by adding the additional relief for "leave to file excess pages". Attorney is advised to follow this procedure in future filings. (wld)
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TEXT ONLY ORDER granting Defendants Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC's and Plaintiffs Theresa Kidd, et al.'s Joint Motion #73 for Extension of Time and Enlargement of Page Limitation. Plaintiffs' Response to Defendants' Second Motion to Compel Individual Arbitration and Stay Proceedings Pending Completion of Arbitration is now due on or before September 25, 2020. Defendants' Rebuttal to Plaintiffs' Response is now due on or before October 9, 2020. Defendants' page limitation for its Rebuttal is enlarged by 11 pages, for a total of 20 pages for its Rebuttal. The Court cautions that, absent extraordinary circumstances, no further extensions of time will be granted. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on September 8, 2020. (JAR)
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Filing 73
Joint MOTION for Extension of Time to File Response/Reply as to #71 Second MOTION to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration MOTION to Stay Proceedings by Laurie Kesler, Theresa Kidd, Rhonda Peden (Turner - PHV, Robert). Added MOTION for Leave to File Excess Pages on 9/8/2020 (wld).
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Docket Annotation as to Doc. #71. This document requests two motion reliefs. Each motion relief should be selected from the list of motion titles or each relief docketed separately. It is not necessary to refile as court staff has made the necessary correction by adding the additional relief to "stay proceedings". Attorney is advised to follow this procedure in future filings.(wld)
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Filing 72
MEMORANDUM IN SUPPORT re #71 Second MOTION to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration filed by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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Filing 71
Second MOTION to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Attachments: #1 Exhibit 1 - Declaration of Jodii Long, #2 Exhibit 1 - Declaration of Jodi Long Long continued, #3 Exhibit 1 - Declaration of Jodi Long continued, #4 Exhibit 1 - Declaration of Jodi Long continued, #5 Exhibit 1 - Declaration of Jodi Long continued, #6 Exhibit 2 - Declaration of Samantha Monds)(Morisani, Nicholas). Added MOTION to Stay Proceedings on 8/31/2020 (wld).
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TEXT ONLY ORDER granting as unopposed Defendant Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC's Motion #70 for Extension of Time to File Second Motion to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration. Defendants' Second Motion to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration is now due on or before August 28, 2020. The Court cautions that, absent extraordinary circumstances, no further extensions of time will be granted. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on August 20, 2020. (JAR)
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Filing 70
Unopposed MOTION for Extension of Time to File Second Motion to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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Filing 69
ORDER Granting Joint Motion #68 to Continue Summary Trial. Signed by District Judge Halil S. Ozerden on July 24, 2020. (AW)
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Filing 68
Joint MOTION to Continue Summary Trial by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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TEXT ONLY ORDER directing Defendant to file any Motion to Compel Arbitration as to remaining Opt-In Plaintiffs no later than August 21, 2020. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 7/22/2020. (ALS)
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Minute Entry for proceedings held before District Judge Halil S. Ozerden: Final Pretrial Conference held telephonically on 7/22/2020. Parties moved to Continue the trial. A formal Motion to Continue will be filed. Appearances: Joseph Russ Bryant, PHV, Robert E. Morelli, III, PHV, Robert Emmett Turner, IV, PHV, and Garner J. Wetzel, Counsel for Plaintiffs; Matthew C. Kane, PHV, Amy E. Beverlin, PHV, and Nicholas F. Morisani, Counsel for Defendants. (ALS)
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Filing 67
NOTICE Pursuant to Special Order No. 7 Regarding COVID-19 Related Risk and Other Factors in Connection with Upcoming Summary Trial by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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TEXT ONLY ORDER granting in part and denying in part the parties' joint Request #66 to Dispense with Final Pretrial Conference. Given the limited scope of the summary trial, the Court will hold the pretrial conference telephonically on June 22, 2020 at 1:30 PM. Counsel will be e-mailed the call-in number. All counsel who will participate in the trial must attend the Pretrial Conference, unless excused by the Court. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on July 9, 2020. (AW)
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Filing 66
Joint MOTION to Dispense With Final Pretrial Conference [L.U.Civ.R. 6(i)(2)] by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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NOTICE of CANCELLED Calendar Setting: At the request of all parties, the Settlement Conference set for 7/14/2020 before Magistrate Judge John C. Gargiulo is CANCELLED. (AB)
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Filing 65
Order Setting Pretrial Conference. Signed by District Judge Halil S. Ozerden on 6/27/2020. (ALS)
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Set Hearing: Pretrial Conference set for 7/22/2020 at 1:30 PM in Chambers 714 (Gulfport) before District Judge Halil S. Ozerden. (ALS)
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Filing 64
Response to Order re #62 ORDER Directing the Parties to File Supplemental Briefing Regarding the Effect of Bowles v. OneMain Fin. Grp., L.L.C., 954 F.3d 722 (5th Cir. 2020) On This Case. Signed by District Judge Halil S. Ozerden on May 20, 2020. (AW) filed by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Siler, William)
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Filing 63
Response to Order re #62 ORDER Directing the Parties to File Supplemental Briefing Regarding the Effect of Bowles v. OneMain Fin. Grp., L.L.C., 954 F.3d 722 (5th Cir. 2020) On This Case. Signed by District Judge Halil S. Ozerden on May 20, 2020. (AW) filed by Laurie Kesler, Theresa Kidd, Rhonda Peden (Turner - PHV, Robert)
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Filing 62
ORDER Directing the Parties to File Supplemental Briefing Regarding the Effect of Bowles v. OneMain Fin. Grp., L.L.C., 954 F.3d 722 (5th Cir. 2020) On This Case. Signed by District Judge Halil S. Ozerden on May 20, 2020. (AW)
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Filing 61
NOTICE of Service of Pre-Discovery Disclosure by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Steen - PHV, Bruce)
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Filing 60
NOTICE of Service of Pre-Discovery Disclosure by Laurie Kesler, Theresa Kidd, Rhonda Peden (Turner - PHV, Robert)
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TEXT ONLY ORDER granting #58 Motion to Appear Pro Hac Vice of Amy E. Beverlin; granting #59 Motion to Appear Pro Hac Vice of Matthew C. Kane. Amy E. Beverlin and Matthew C. Kane are admitted pro hac vice in this case on behalf of Defendants Lowe's Companies, Inc., Lowe's HIW, Inc., and Lowe's Home Centers, LLC in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 4/21/2020 (AB)
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Filing 59
MOTION for Matthew C. Kane to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4256392) by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Attachments: #1 Attachment Certificate of Good Standing)(Siler, William)
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Filing 58
MOTION for Amy E. Beverlin to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4256387) by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Attachments: #1 Attachment Certificate of Good Standing)(Siler, William)
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Filing 57
NOTICE of Waiver to Jury Demand for Summary Trial by Laurie Kesler, Theresa Kidd, Rhonda Peden (Turner - PHV, Robert)
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Filing 56
NOTICE of Waiver of Jury Trial for Summary Trial by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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Filing 55
CASE MANAGEMENT ORDER: Disclosure due by 4/27/2020. Bench Trial set for a three week trial calendar beginning on 8/3/2020 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 7/21-23/2020 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Limited Discovery due by 7/8/2020. Settlement Conference set for 7/14/2020 at 1:30 PM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. ADR Report due by 7/14/2020. Proposed Pretrial Order due by 7/21/2020. EDT: 2 days. Parties do not consent. Signed by Magistrate Judge John C. Gargiulo on 4/8/2020 (AB)
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Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 4/8/2020. PARTICIPANTS: Garner J. Wetzel, Joseph Russ Bryant - PHV and Robert Emmett Turner, IV - PHV (counsel for Plaintiffs); Bruce M. Steen - PHV and Nicholas F. Morisani (counsel for Defendants). A Case Management Order will be entered. (AB)
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Filing 54
Rule 16(a) Initial Order: Telephonic Case Management Conference set for 4/8/2020 at 11:00 AM before Magistrate Judge John C. Gargiulo. (AB)
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Filing 53
Memorandum Opinion and ORDER Denying in Part and Granting in Part Defendants' Motion #21 to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitrations. Signed by District Judge Halil S. Ozerden on March 27, 2020. (AW)
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DOCKET ANNOTATION as to #52. Based on the title of this document, it should have been filed as a "Memorandum in Support of Motion". Counsel does not need to refile. (wld)
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Filing 52
RESPONSE in Support re #21 MOTION To Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration (Supplemental Briefing) filed by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Attachments: #1 Exhibit 1 - Supplemental Declaration of Samantha Monds, #2 Exhibit 2 - Second Supplemental Declaration of Jodi Long)(Steen - PHV, Bruce)
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Filing 51
NOTICE of Filing of Supplemental Declarations by Laurie Kesler, Theresa Kidd, Rhonda Peden re #21 MOTION To Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration (Attachments: #1 Exhibit 1- Declarations of Named Plaintiffs Theresa Kidd and Rhonda Melissa Peden, #2 Exhibit 2- Declaration of Opt-in Beth Yackel)(Turner - PHV, Robert)
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Filing 50
NOTICE of Filing of Shaylee Hall Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Shaylee Hall Consent to Join)(Turner - PHV, Robert)
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Filing 49
NOTICE of Filing of Mariah Garlitos Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Mariah Garlitos Consent to Join)(Turner - PHV, Robert)
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TEXT ONLY ORDER directing the parties to confer and submit a joint settlement status to the Court, via its chambers email, on or before close of business March 27, 2020. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 3/23/2020 (AB)
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TEXT ONLY ORDER granting in part and denying in part the Parties' Joint Motion #48 for Extension of Time to File Supplemental Briefing. The Parties shall submit their supplemental briefing in accordance with this Court's Order #47 on or before March 25, 2020. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on March 11, 2020. (AW)
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Filing 48
Joint MOTION for Extension of Time to File Supplemental Briefing by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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Filing 47
ORDER Directing the Parties to File Supplemental Briefing Regarding Defendants' Motion #21 to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitrations. Signed by District Judge Halil S. Ozerden on March 5, 2020. (AW)
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Filing 46
NOTICE of Filing of Casey Adams and Thomas Althouse Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Consents to Join)(Turner - PHV, Robert)
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Filing 45
NOTICE of filing of Kimberly Lane Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Consent to Join)(Turner - PHV, Robert)
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Filing 44
NOTICE of Filing of Suzanne Prouty, Vann Burden, and Janice Howard Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Consents to Join)(Turner - PHV, Robert)
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Filing 43
NOTICE of Filing of Lauren Sciarra, Debra Day, and Jenny Beede Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Consent to Join)(Turner - PHV, Robert)
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Filing 42
NOTICE of Filing of Michelle Steimle, Joanna Palmer, Michelle Newsome, Robin Hawkins, Bonnie Hippert Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Consents to Join)(Turner - PHV, Robert)
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DOCKET ANNOTATION as to #41: Advising attorney that in the future, documents filed as exhibits must include an exhibit sticker on the document identifying each exhibit. (RLW)
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Filing 41
NOTICE of Filing of Joseph Rombola Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Consent to Join)(Turner - PHV, Robert)
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Filing 40
NOTICE of Filing of Lori Dallas, Christine Morgan, Nicole Casa, Roger Bryant, Jeannie Zetino, Shane Blalock, Joe Edelmann, Jenny Shick, Anna Marie Cobb, and Lisa Barboza Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Opt-in Consents to Join)(Turner - PHV, Robert)
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Filing 39
NOTICE of Filing of Rita McGuire, Brandi Stefanelli, Heather Howell, Lona Hatmaker, Kristi Rose, Joanne Freeman-Manion, Jeremy Crafton, Andrew Moen, Justine Dunk, Marilyn Ashcraft, Kenneth Campbell-Sorrentino, Angela Lechner, Bryan Dyer, Kelly Devin, Cynthia McFall, Matt Hays, Bethany Craig, Amber Mielke, Shannon Irey, Ruth Wehrman, Aaron Hutchins, Sandra Toth, Ashleigh Wise, Kristina Shinstine, Rachael Lanza, Sunny Gee, David Rouleau, Karin Frost, Joshua Fleischmann, Dannielle Weiler, Susan Zuccheri, Jacqueline Cassidy, Rosemary Videc, Victoria Wildung, and Lori Combs Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Opt-in Consents to Join)(Turner - PHV, Robert)
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DOCKET ANNOTATION as to # 38. Attorney is advised that based on the title of this document and the case law through the pleading, the document should have been filed as either a Rebuttal or a Memorandum. Also, in the future, an exhibit letter/number should be listed in the description of each exhibit. (JCH)
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Filing 38
REPLY to Response to Motion re #21 MOTION To Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration , #32 Response in Opposition to Motion, filed by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Attachments: #1 Exhibit Declaration of Samantha Monds, #2 Exhibit Declaration of Vince Villaluna, #3 Exhibit Declaration of Greg Mazur)(Siler, William)
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TEXT ONLY ORDER granting #37 Motion to Appear Pro Hac Vice of Bruce M. Steen. Bruce M. Steen is admitted pro hac vice in this case on behalf of Defendants in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 9/24/2019 (AB)
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Filing 37
MOTION for Bruce M. Steen to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4095787) by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Attachments: #1 Exhibit Certificate of Good Standing)(Siler, William)
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Filing 36
NOTICE of Filing of Kelly Devin and Bryan Dyer Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Kelly Devin and Bryan Dyer Consents to Join)(Turner - PHV, Robert)
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TEXT ONLY ORDER granting as unopposed Defendants Lowe's Home Centers, LLC, Lowe's Companies, Inc., and Lowe's HIW, Inc.'s Motion #34 for Extension of Time to reply to Plaintiffs' Response #32 in Opposition to Motion to Compel Individual Arbitration and Stay Proceedings Pending Completion of Arbitration. Defendants' reply to Plaintiffs' Response #32 is now due on or before September 25, 2019. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on September 16, 2019. (AW)
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Filing 35
NOTICE of Filing of Gina Speegle and Sandra Toth Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Gina Speegle and Sandra Toth Consents to Join)(Turner - PHV, Robert)
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Filing 34
Unopposed MOTION for Extension of Time to File Response/Reply as to #32 Response in Opposition to Motion, to Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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Filing 33
NOTICE of Filing of Tracey Mullins and Michael Scaglione Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Tracey Mullins and Michael Scaglione Consents to Join)(Turner - PHV, Robert)
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Filing 32
RESPONSE in Opposition re #21 MOTION To Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration filed by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit A- Declarations of Theresa Kidd, Rhonda Peden, and Laurie Kesler)(Turner - PHV, Robert)
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Filing 31
NOTICE of Appearance by Nicholas F. Morisani on behalf of Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Morisani, Nicholas)
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Filing 30
NOTICE of Filing of Janet Rung and Erica Horn Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Janet Rung and Erica Horn Consents to Join)(Turner - PHV, Robert)
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Filing 29
NOTICE of Filing of Justine Dunk Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Justine Dunk Consent to Join)(Turner - PHV, Robert)
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Filing 28
NOTICE of Filing of Dan Vera and Charity Figallo Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Consents of Dan Vera and Charity Figallo)(Turner - PHV, Robert)
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Filing 27
NOTICE of Filing of Randall Seeyle, Joshua Hyatt, Cynthia De Ann Rohrback, and Brian Aldridge Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Consents of Randall Seeyle, Joshua Hyatt, Cynthia De Ann Rohrback, and Brian Aldridge)(Turner - PHV, Robert)
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TEXT ONLY ORDER granting as unopposed Plaintiff Teresa Kidd, Rhonda Peden, and Laurie Kesler's (collectively, "Plaintiffs") Motion #26 for Extension of Time to Respond to Defendants' Motion #21 to Compel Individual Arbitration. Plaintiffs' response to Defendants' Motion #21 to Compel Individual Arbitration is now due on or before September 11, 2019. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on August 23, 2019. (AW)
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Filing 26
Unopposed MOTION for Extension of Time to File Response/Reply as to #21 MOTION To Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration by Laurie Kesler, Theresa Kidd, Rhonda Peden (Turner - PHV, Robert)
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Filing 25
NOTICE of Filing of Jill DeNicola Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Jill DeNicola Consent to Join)(Turner - PHV, Robert)
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Filing 24
NOTICE of Filing of Erin Lindsey Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Erin Lindsey Consent to Join)(Turner - PHV, Robert)
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TEXT ONLY ORDER staying proceedings. A Motion to Compel Arbitration #21 has been filed. Pursuant to Local Uniform Civil Rule 16(b)(3)(B), the attorney conference and disclosure requirements and all discovery is stayed, pending the Court's ruling on the Motion #21 . NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 8/15/19 (HM)
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DOCKET ANNOTATION as to #21: (1) Incorrect event, Miscellaneous Relief, was chosen. Also, this document requests several motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. The event codes Compel and Stay Proceedings should have been chosen. Attorney is advised to follow this procedure in future filings; and (2) Upon selecting Exhibit from the category box, the word Exhibit or Ex should not be included in the description box. (RLW)
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Filing 23
Corporate Disclosure Statement by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Siler, William)
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Filing 22
MEMORANDUM in Support re #21 MOTION To Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration filed by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Siler, William)
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Filing 21
MOTION To Compel Individual Arbitrations and Stay Proceedings Pending Completion of Arbitration by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Attachments: #1 Exhibit Ex. 1 Commission Plan Agreement to Arbitrate Disputes, #2 Exhibit Ex. 2 Declaration of Jodi Long Part 1 with Attachments A-K, #3 Exhibit Exhibit 2 Declaration of Jodi Long with Atatachments L-W)(Siler, William)
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Filing 20
NOTICE of Filing of Bethany Finch Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Bethany Finch Consent to Join)(Turner - PHV, Robert)
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Filing 19
NOTICE of Filing of Daniel Vera's Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Daniel Vera Consent to Join)(Turner - PHV, Robert)
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Filing 18
NOTICE of Cheryl Westerman Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Cheryl Westerman Consent to Join)(Turner - PHV, Robert)
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TEXT ONLY ORDER granting #17 Unopposed Motion for Extension of Time. Defendants Lowe's Company, Lowe's Home Centers, LLC, and Lowe's HIW, Inc, are granted an extension of time until 8/14/19 to answer or otherwise respond to the Complaint. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/23/19 (HM)
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Filing 17
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Siler, William)
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DOCKET ANNOTATION as to #15 and 16: Advising attorney that the first page of the original summons as issued by the clerk's office should have been filed with the proof of service. Attorney is not required to re-file. (RLW)
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Filing 16
SUMMONS Returned Executed by Theresa Kidd, Rhonda Peden, Laurie Kesler. Lowe's Companies, Inc. served on 7/3/2019, answer due 7/24/2019. (Turner - PHV, Robert)
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Filing 15
SUMMONS Returned Executed by Theresa Kidd, Rhonda Peden, Laurie Kesler. Lowe's Home Centers, LLC served on 7/3/2019, answer due 7/24/2019. (Turner - PHV, Robert)
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TEXT ONLY ORDER granting #13 Motion to Appear Pro Hac Vice of Joseph Russ Bryant. Joseph Russ Bryant is admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 7/2/2019 (AB)
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Filing 14
NOTICE of Filing of Maureen Wyer-Fletcher's Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Maureen Wyer-Fletcher Consent to Join)(Turner - PHV, Robert)
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Filing 13
MOTION for Joseph Russ Bryant to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4025592) by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Supplement, #2 Exhibit 1- Joseph Russ Bryant Certificate of Good Standing)(Wetzel, Garner)
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TEXT ONLY ORDER granting #12 Motion to Appear Pro Hac Vice of Robert E. Morelli, III. Robert E. Morelli, III is admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 5/23/2019 (AB)
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Filing 12
MOTION for Robert E. Morelli, III to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3994767) by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Supplement, #2 Exhibit 1- Robert Morelli Certificate of Good Standing)(Wetzel, Garner)
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Filing 11
NOTICE of Filing Julie Booth, Lauren Paulaskas, Barbara Zavertnik, Beth Yakel, and Lisa Casabara Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Julie Booth, Lauren Paulaskas, Barbara Zavertnik, Beth Yakel, and Lisa Casabara Consents to Join)(Turner - PHV, Robert)
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Filing 10
NOTICE of filing of Chris Spivey, Hamid Mashayekk, Portia Hudson, Paula Thompson, and Cynthia Rohrback Consents to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Chris Spivey, Hamid Mashayekk, Portia Hudson, Paula Thompson, and Cynthia Rohrback Consents to Join)(Turner - PHV, Robert)
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Filing 9
NOTICE of filing of Michelle Morris Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Michelle Morris Consent to Join)(Turner - PHV, Robert)
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Filing 8
NOTICE of Filing of Lisa Springer Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Lisa Springer Consent to Join)(Turner - PHV, Robert)
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Filing 7
NOTICE of filing of Sherry Peterson-Tennille Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Sherry Peterson-Tennille Consent to Join)(Wetzel, Garner)
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Filing 6
NOTICE of Diane Schad Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Diane Schad Consent to Join)(Wetzel, Garner)
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TEXT ONLY ORDER granting #4 Motion to Appear Pro Hac Vice of Robert E. Turner, IV. Robert E. Turner, IV is admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 4/30/2019 (AB)
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Filing 5
NOTICE of Filing of Alicia Pelham's Consent to Join by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Alicia Pelham Consent to Join)(Wetzel, Garner)
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Filing 4
MOTION for Robert E. Turner, IV to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3977187) by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Supplement, #2 Exhibit 1- Robert E. Turner, IV Certificate of Good Standing)(Wetzel, Garner)
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Filing 3
NOTICE of Consents to Join for Eva Hayden, Angele Boudreax, Alexandria Etheridge, Yanaima Cabreja Acosta, Shelbi Paulk, Jamey Goodkind, Stacy Nolen, Diane Kazan, Elizabeth Davis, Christy Farrelly by Laurie Kesler, Theresa Kidd, Rhonda Peden (Attachments: #1 Exhibit 1- Consents to Join)(Wetzel, Garner)
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Filing 2
Summons Issued as to Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (RLW)
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Filing 1
COMPLAINT, with jury demand, against Lowe's Companies, Inc., Lowe's HIW, Inc., Lowe's Home Centers, LLC (Filing fee $400.00, receipt number 0538-3969354), filed by Theresa Kidd, Rhonda Peden, Laurie Kesler (Attachments: #1 Exhibit A - Kidd Consent to Join, #2 Exhibit B - Peden Consent to Join, #3 Exhibit C - Kesler Consent to Join, #4 Civil Cover Sheet) (RLW)
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Remark: Summonses mailed to Attorney at P.O. Box I, Gulfport, MS 39502 (RLW)
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