Simmons et al v. Enterprise Holdings, Inc. et al
| Kandice Simmons, Tamika Kilgore, Meia Burks, Sandranita Carson, Julia Comotto, Latayvia Gant, Darlene Patrick, Earleana Scott, Cheina Simmons, Brandon Williams, Ashley Scoggin, Annitha Hicks, Barbara Tillotson, Latasha Allen, Gloria Lewis, Jr., Heather Dye, Alycia Smith, SheToya Turner, Carolyn Lee, Earl Massey, Christopher W. Peoples, Dana Shelton, Kendra Tatum, Michelle Tillman, Tosha L. Allen, Phillip Freedman, Sue Hodschayan, Debra Ivory, La Tonya Ming, John Mokry, Ciarra Moore, Jewell Roche, Audrey R. Scott, Portia Sheppard, Totichianna Wade, Lesley Rotellini, Angela Austin, Timothy Clear, Thomas Joseph Fasl, Heather Lawson, Letosha McNeal, Yolanda Neal, Denise Ray, April Redmond, Jeremy Wepler, Markeisha Wesley, Heather Williams, Tammie E. Williams, Patricia Barker, Joseph Coates, Christine Gerard, Deborah Hager, Silvana Harmon, Shantelle Hunter, Kendra Ivory, Lisa Jefferson, Aisha Keys, Vickie Kirchoff, Anthony Love, Rosalyn Lowery, Markeita Luster, Stephanie Marler - Pangilinan, Surihya Marshall, Jeffrey Middleton, Holly Parker, La Tease Rikard, Deborah Schaefer, Aundrea Smith, Precious Spigner, Brittinni Vaughn, Kirk Veesaert, Maryanne Willis, Larisha Harper, Melissa Biegener, Annie Bryant, Tahia Bush, Michael Horton, Nancy Joiner, Carolynne Metz, Lesley Rottellini, Peggy Ryan, Anthony Tobias, Ramonica Williams, Tamie S. Williams, Brenda Corbin, Elaine Duncan, Vinson James, Phyllis Kelley, Brida Lovett, Nancey Lacey, Orebiyi Oluwatoyin, Dionne Perry, Loretta Schoemehl, Mary Thomas, Pearlestine Webb-Grady, Trina Brown, Jacquelyne Coleman, Rosetta Francis, Sarah Harris, Sandra Holdman, Faylicia Kennell, Yasmine Keyes, Shaunna Matthews, LaMarkco Sherrill, Edward Stroup, DaRonda Taylor, Dontay Wright, Eddie Roy Brown, LaVonda Brown, Makesha Brown, Tahisha Hardy, Steven Nelson, Erika Hutchins, Mary Rende, Debra Austrin, Evelyn Fuller, Areathye Rodgers, Clarence Stanton, Carla Doss, Wendy Hemphill, Ima Kemp, Christina Sanders, Loree Ulrich, Candace Westfall, Beverly Archie, Clara Hampton, Monishia Holden, Karen Jean Lindsey, Sanra M Dupree, April Darcel Hawkins, Kyle L Jones, Phillip Granderson, Shayvonda Mayes, James McAnally, Shannon Johnson-Roy, Theresa Perdue-Jones, Amelia Spilman, Diane Carter-Anderson, Cierra Collins, James Coombs, Beverly E Simpson, Yuri Browning, Latoya Jones, Endia Jordan, Vera Hill, Jefferson Mills, Yolanda Hughes, Larry Quinn, Mareayna Whitehead, William Coyne, Jacqueline White, Ysatis Williams, Bryant Lyles, Erica Golliday, Christopher Morgan, Davina Brooks, Donovan Brooks, Connie Cook, Anita Love, Latina Harris, Charles King, Jennifer Linkous, Lisa Stringer, Sharhonda Byrd, Tatiana Jackson, Shyra Simpson, Christina Gaddy, Adrianne Kirksey, Carrie Cervantes, Michael Gasperic, Robert Pauk, Zondra Turner-Wyatt, Darren Wyatt, Gladys Carr, Jimmy II Rice, Sharin James, Blake Toulou, Marnisha Crawford, Roxanna Summerall, Jasmine Fleming, Chantal Ford, Latorrie Bevly, Nicola Ratcliff, Sharon Weary, Ronald Johnson Jr., Marquita J Hearn, Plaintiff Doe 1, Bridget Bradley, Jeanette Sanders, Orvella Jones, Theresa Cochran, Samual Eveland, Sonya R Brookins, Everlean Taylor, Eric L Weekly, Patrice Johnson, Jillan Lovings, William Bryant, Sara Crosby, Veronica Crosby, Brandon Davis, Tracie Otis, LaVonda Cotton, Jennifer Shelton, Julie Tullock, Tarasita Clinton, Shelley Gowen, Latricia SanNicolas, Rochelle Lathan, Amiah Turner, Janay Gray, Sherry James, Christopher Brown, Karen Coleman, Carrie Lewis, Bruce Terry, Katherine Migneron, Deborah F Johnson, Cai Allen, Candice McRoberts, Ashley Taylor, Cynthia Meadows, Zarah Holbrook, Marjorie Jones, Virgil McBride, Danielle English, Martez Hodges, Marketta Wayne, Mechelle Alston, William Jones and Frankie Stiles |
| Enterprise Holdings, Inc. and EAN Services, LLC |
| 4:2010cv00625 |
| April 13, 2010 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Audrey G Fleissig |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 163
ORDER NUNC PRO TUNC re #161 Memorandum & Order: IT IS HEREBY ORDERED that the Courts Memorandum and Order for final approval of class action settlement (Doc. No. 161) is corrected to read as follows: Page 9, line 3 of the Memorandum and Order (Doc. No. 161) shall be amended to provide for distribution of all settlement funds in accordance with the time limits set forth in the Settlement Agreement. This correction supersedes all previously stated time limits with respect to the distribution of settlement funds. Signed by Honorable Audrey G. Fleissig on 7/13/2012. (KSM) Modified docket text on 7/16/2012 (NCL).
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Filing 162
ORDER NUNC PRO TUNC re #161 Memorandum & Order: IT IS HEREBY ORDERED that the Court's Memorandum and Order for final approval of class action settlement (Doc. No. 161) is corrected as follows: Page 8, line 10 of the Memorandum and Order shall be amended to provide for an award of attorney's fees and litigation costs in the amount of $256,000.00. Page 9, line 3 of the Memorandum and Order shall be amended to provide for distribution of all settlement funds within thirty (30) days of the date of entry of the Memorandum and Order. Signed by Honorable Audrey G. Fleissig on 7/13/2012. (KSM)
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| Filing 161 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' Motion (Doc. No. 152) for Final Approval of the Parties' Class Action Settlement Agreement (Doc. No. 144-1) is GRANTED. IT IS FURTHER ORDERED Plaintiffs' Unopposed Motion for Approval of Fees and Costs (Doc. No. 146) is GRANTED. IT IS FURTHER ORDERED that the parties shall distribute the settlement funds, attorneys fees, and class representatives incentive award, in accordance with the terms of the Settlement Agreement within thirty (30) days of the date of entry of this Memorandum and Order. IT IS FURTHER ORDERED that the claims of all named Plaintiffs and all class members who did not affirmatively opt out of this action are DISMISSED with prejudice. Signed by Honorable Audrey G. Fleissig on 7/13/2012. (NCL) |
| Filing 164 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: The court will grant the plaintiff motion #152 for final approval of the parties Class Action Settlement Agreement. The court will also grant the plaintiffs unopposed motion for fees and cost. Order to issue.Supplemental Settlement Conference held on 7/10/2012. Court Reporter:Patti Dunn Wecke.) (FTR Gold: No.) (JWJ) |
| Filing 160 RESPONSE TO COURT ORDER re #157 Order,,, by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Attachments: #1 Exhibit Settlement Administrator's Declaration)(Potashnick, Mark) |
| Filing 159 TRANSCRIPT proceedings of FAIRNESS HEARING held on 5/24/12 before Judge AUDREY G. FLEISSIG. Court Reporter/Transcriber PATTI DUNN WECKE, Telephone number 314-244-7984. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/10/2012. Redacted Transcript Deadline set for 7/20/2012. Release of Transcript Restriction set for 9/17/2012. (JWJ) |
| Filing 158 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Telephone Conference held on 6/7/2012 in Chambers. No court reporter or clerk present. (FTR Gold: No.) (NCL) |
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Filing 157
ORDER IT IS HEREBY ORDERED that on or before June 8, 2012, the SettlementAdministrator shall mail a copy of the previously approved notice of settlement modified to reflect the dates set forth herein (Supplemental Notice) to the new addresses obtained for 107 of the class members who could not be located at the addresses used for the original mailed notice. The Supplemental Notice shall require these 107 class members to post-mark any opt-out or file any objection to the proposed settlement not later than June29, 2012. The parties shall then file not later than July 9, 2012, an affidavit and report from the Settlement Administrator. The Court will hold a hearing with respect to any objections on July 10, 2012 at 2:30 p.m. at the Thomas F. Eagleton Courthouse, 111 South Tenth Street, Saint Louis, Missouri 63102. In Court Hearing set for 7/10/2012 02:30 PM before Honorable Audrey G. Fleissig.. Signed by Honorable Audrey G. Fleissig on 6/6/12. (JWJ)
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| Filing 156 Docket Text ORDER: At the request of the parties, a conference call is scheduled for Wednesday, June 6, 2012 at 11:30 a.m. The parties shall originate the call. Signed by Honorable Audrey G. Fleissig on June 5, 2012. (SAA) |
| Filing 155 MEMORANDUM [Joint Memorandum to Court] by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Potashnick, Mark) |
| Filing 154 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: In Court-Fairness Hearing held on 5/24/2012. Parties present for Fairness Hearing-Motion For Final Approval Of A Class Action Settlement Agreement [Doc. 152] and Motion For Approval Of Fees and Costs[Doc. 146]. Arguments of counsel heard. Matter taken under submission. Court will enter final order of approval and judgment. (Court Reporter:Patti Dunn Wecke.) (FTR Gold: No.) (MRC) |
| Filing 153 MEMORANDUM re #152 MOTION for Settlement [PLAINTIFFS UNOPPOSED COMBINED MOTION FOR FINAL APPROVAL OF A CLASS ACTION SETTLEMENT AGREEMENT, AND MEMORANDUM IN SUPPORT THEREOF] [Memorandum of Filing Settlement Administrator's Declaration] by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Attachments: #1 Exhibit Settlement Administrator's Declaration)(Potashnick, Mark) |
| Filing 152 MOTION for Settlement [PLAINTIFFS UNOPPOSED COMBINED MOTION FOR FINAL APPROVAL OF A CLASS ACTION SETTLEMENT AGREEMENT, AND MEMORANDUM IN SUPPORT THEREOF] by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Potashnick, Mark) |
| Filing 151 DECLARATION filed by Plaintiffs Tamika Kilgore, Kandice Simmons re #150 Memorandum & Order,,,,,,,, [Declaration Confirming Notice Mailing per Court Order]. (Potashnick, Mark) |
| Filing 150 MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that Plaintiffs' Motion for Certification of a Class For Settlement Purposes(Doc. No. 143) is GRANTED, certifying pursuant to Federal Rule of Civil Procedure 23(e) and for settlement purposes only, a class consisting of: {see Order for complete details}.....IT IS FURTHER ORDERED that Plaintiffs' Motion for Approval Of Notice To Class Members (Doc. No. 143) is GRANTED. The Court approves the proposed Notice to Class Members of Pendency of Class Action, Proposed Settlement, and Hearing. The method for provision of notice shall comply with the terms proposed by the parties in the Settlement Agreement and set forth in this Order. The parties shall use their best efforts to complete the provision of notice within thirty (30) days of the date of this Order. Counsel for Plaintiffs shall then file with this Court an affidavit or declaration stating that the mailing has been accomplished in accordance with the notice requirements set forth in the Settlement Agreement and this Order. IT IS FURTHER ORDERED that Plaintiffs' Motions for Preliminary Approval Of Class Settlement Agreement and for a Hearing For Final Approval of the Parties' Class Settlement Agreement are GRANTED. The Court will hold a fairness hearing on Thursday, May 24, 2012 at 1:30 pm.....for purposes of determining whether final approval of the Class Settlement Agreement is appropriate, whether class counsel fairly and adequately protected the interests of the Settlement Class and whether class counsel's attorneys fees, costs, and expenses, and the class representative compensation set forth in Plaintiffs' Motion to Approve Fees and Costs (Doc. No. 146) should be approved by the Court. IT IS FURTHER ORDERED that Plaintiffs' previous motion for class certification (Doc. No. 128) filed prior to the parties' agreement, in principle, to settle the actions is DENIED without prejudice to refiling in the event that a settlement is not approved. ( In Court-Fairness Hearing set for 5/24/2012 01:30 PM before Honorable Audrey G. Fleissig.). Signed by Honorable Audrey G. Fleissig on 3/6/2012. (MRC) |
| Filing 149 MOTION for Hearing re #143 MOTION for Settlement SEALED MOTION by Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) |
| Filing 148 Docket Text ORDER Re: #145 MOTION for Leave to File Sealed Document [Motions to Approve Settlement, Fees and Costs, Supporting Memoranda and Exhibits Thereto] by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Potashnick, Mark) filed by Tamika Kilgore, Darlene Patrick, Kandice Simmons; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on December 2, 2011. (SAA) |
| Filing 147 MEMORANDUM in Support of Motion (SEALED) re #146 SEALED MOTION to Approve Fees and Costs filed by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Attachments: #1 Exhibit Exhibit 1 - Mark Potashnick Declaration, #2 Exhibit Exhibit 2 - Fee Application in Eshelman v. Client Services, Inc., #3 Exhibit Exhibit 1 - Fee Order in Eshelman v. Client Services, Inc., #4 Exhibit Exhibit 4 - Fee Application in Garcia v. Tyson Foods, Inc.)(Potashnick, Mark) |
| Filing 146 SEALED MOTION to Approve Fees and Costs by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Potashnick, Mark) |
| Filing 145 MOTION for Leave to File Sealed Document [Motions to Approve Settlement, Fees and Costs, Supporting Memoranda and Exhibits Thereto] by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Potashnick, Mark) |
| Filing 144 MEMORANDUM in Support of Motion (SEALED) re #143 MOTION for Settlement SEALED MOTION filed by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Attachments: #1 Exhibit Exhibit 1 - Settlement Agreement, #2 Exhibit Exhibit 2 - Proposed Notice)(Potashnick, Mark) |
| Filing 143 SEALED MOTION For (1)Certification of a Class For Settlement Purposes;(2)Preliminary Approval Of Class Settlement Agreement;(3)Approval Of Notice To Class Memebers; and (4)Scheduling A Hearing For Final Approval of the Parties' Class Action Settlement Agreement by Plaintiffs Tamika Kilgore, Darlene Patrick, Kandice Simmons. (Attachments: #1 Exhibit Exhibit 1 - Proposed Order)(Potashnick, Mark) [Docket text modified.Modified on 12/2/2011 (MRC).] Modified event type and termed date on 7/13/2012 (NCL). |
| Filing 142 Docket Text ORDER Re: #141 MOTION for Extension of: Deadline to file Motion for Preliminary Approval of Settlement (Joint) by Defendants EAN Services, LLC, Enterprise Holdings, Inc. (Wyrsch, James) filed by Enterprise Holdings, Inc., EAN Services, LLC; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on November 14, 2011. (SAA) |
| Filing 141 MOTION for Extension of: Deadline to file Motion for Preliminary Approval of Settlement (Joint) by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) |
| Filing 140 Docket Text ORDER Re: #139 Joint MOTION for Extension of Time to File Motion for Preliminary Approval of Settlement ;Proposed extension date November 10, 2011 by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) filed by Enterprise Holdings, Inc., EAN Services, LLC; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on October 28, 2011. (SAA) |
| Filing 139 Joint MOTION for Extension of Time to File Motion for Preliminary Approval of Settlement ;Proposed extension date November 10, 2011 by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) |
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Filing 138
ORDER The Court having been advised by the mediator that this action has been settled, IT IS HEREBY ORDERED that the June 11, 2012 Jury Trial setting is VACATED and all pending motions are denied without prejudice. IT IS FURTHER ORDERED that counsel shall file, within thirty (30) days of the date of this order, appropriate settlement documents, including a motion for court approval of the settlement. Failure to timely comply with this order shall result in the dismissal of this action with prejudice. Dismissal Paper(s) due by 10/27/2011. Signed by Honorable Audrey G. Fleissig on 9/27/2011. (NCL)
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| Filing 137 ADR COMPLIANCE REPORT by Neutral: Richard P. Sher. Date of Conference: 9/15/2011. The parties participated in good faith. The parties achieved a settlement. (NCL) |
| Filing 136 Docket Text ORDER Re: #135 Joint MOTION for Extension of: Expert Disclosure, Discovery and Class Certification Response Deadlines by Plaintiffs Tamika Kilgore, Kandice Simmons (Potashnick, Mark) filed by Tamika Kilgore, Kandice Simmons; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on August 2, 2011. (SAA) |
| Filing 135 Joint MOTION for Extension of: Expert Disclosure, Discovery and Class Certification Response Deadlines by Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) |
| Filing 134 MEMORANDUM in Support of Motion re #128 MOTION to Certify Class. (Attachments: #1 Exh 1 part 1, #2 Exh 1 part 2, #3 Exh 1 part 3, #4 Exh 1 part 4, #5 Exh 1 part 5, #6 Exh 1 part 6, #7 Exh 1 part 7, #8 Exh 2, #9 Exh 3, #10 Exh 14)(KJS) |
| Filing 133 SEALED DOCUMENT re #128 MOTION to Certify Class, 132 Docket Text Order, by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: #1 Exhibit Exhibit 4 - Software Lists, #2 Exhibit Exhibit 5 - Performance Measurements Acknowledgement, #3 Exhibit Exhibit 6 - Change Implementation Process, #4 Exhibit Exhibit 7 - Performance Metrics Spreadsheet, #5 Exhibit Exhibit 8 - Schedule Adherence, Productivity Performance Written Warning Form, #6 Exhibit Exhibit 9 - Job Descriptions, #7 Exhibit Exhibit 10 - Performance Standards, #8 Exhibit Exhibit 11 - St. Louis Contact Center Remote Agent Policy, #9 Exhibit Exhibit 12 - St. Louis Contact Center Remote Agent Agreement, #10 Exhibit Exhibit 13 - Training Materials, #11 Exhibit Exhibit 15 - Organizational Chart)(Potashnick, Mark) |
| Filing 132 Docket Text ORDER Re: #130 MOTION for Leave to File Sealed Document [Motion for Leave to File Exhibits 4 Through 13 and 15 to Plaintiff's Memorandum in Support of Class Certification Under Seal] by Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) filed by Tamika Kilgore, Kandice Simmons; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on July 19, 2011. (SAA) |
| Filing 131 Docket Text ORDER Re: #129 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: # 1 Exhibit Proposed Memorandum in Support of Motion to Certify Class, # 2 Exhibit Exhibit 1 (Part 1) - Declarations, # 3 Exhibit Exhibit 1 (Part 2) - Declarations, # 4 Exhibit Exhibit 1 (Part 3) - Declarations, # 5 Exhibit Exhibit 1 (Part 4) - Declarations, # 6 Exhibit Exhibit 1 (Part 5) - Declarations, # 7 Exhibit Exhibit 1 (Part 6) - Declarations, # 8 Exhibit Exhibit 1 (Part 7) - Declarations, # 9 Exhibit Exhibit 2 - Declaration, # 10 Exhibit Exhibit 3 - Dept. of Labor Fact Sheet # 64, # 11 Exhibit Exhibit 4 Placeholder, # 12 Exhibit Exhibit 5 Placeholder, # 13 Exhibit Exhibit 6 Placeholder, # 14 Exhibit Exhibit 7 Placeholder, # 15 Exhibit Exhibit 8 Placeholder, # 16 Exhibit Exhibit 9 Placeholder, # 17 Exhibit Exhibit 10 Placeholder, # 18 Exhibit Exhibit 11 Placeholder, # 19 Exhibit Exhibit 12 Placeholder, # 20 Exhibit Exhibit 13 Placeholder, # 21 Exhibit Exhibit 14 - Salmon Declaration, # 22 Exhibit Exhibit 15 Placeholder)(Potashnick, Mark) filed by Tamika Kilgore, Kandice Simmons; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on July 19, 2011. (SAA) |
| Filing 130 MOTION for Leave to File Sealed Document [Motion for Leave to File Exhibits 4 Through 13 and 15 to Plaintiff's Memorandum in Support of Class Certification Under Seal] by Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) |
| Filing 129 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: #1 Exhibit Proposed Memorandum in Support of Motion to Certify Class, #2 Exhibit Exhibit 1 (Part 1) - Declarations, #3 Exhibit Exhibit 1 (Part 2) - Declarations, #4 Exhibit Exhibit 1 (Part 3) - Declarations, #5 Exhibit Exhibit 1 (Part 4) - Declarations, #6 Exhibit Exhibit 1 (Part 5) - Declarations, #7 Exhibit Exhibit 1 (Part 6) - Declarations, #8 Exhibit Exhibit 1 (Part 7) - Declarations, #9 Exhibit Exhibit 2 - Declaration, #10 Exhibit Exhibit 3 - Dept. of Labor Fact Sheet # 64, #11 Exhibit Exhibit 4 Placeholder, #12 Exhibit Exhibit 5 Placeholder, #13 Exhibit Exhibit 6 Placeholder, #14 Exhibit Exhibit 7 Placeholder, #15 Exhibit Exhibit 8 Placeholder, #16 Exhibit Exhibit 9 Placeholder, #17 Exhibit Exhibit 10 Placeholder, #18 Exhibit Exhibit 11 Placeholder, #19 Exhibit Exhibit 12 Placeholder, #20 Exhibit Exhibit 13 Placeholder, #21 Exhibit Exhibit 14 - Salmon Declaration, #22 Exhibit Exhibit 15 Placeholder)(Potashnick, Mark) |
| Filing 128 MOTION to Certify Class by Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) Modified docket text on 7/26/2011 (NCL). |
| Filing 127 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Mechelle Alston, William Jones, Frankie Stiles (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 126 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Danielle English, Martez Hodges, Marketta Wayne (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 125 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Virgil McBride (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 124 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Zarah Holbrook, Marjorie Jones (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 123 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Cynthia Meadows (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 122 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Cai Allen, Candice McRoberts, Ashley Taylor (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 121 NOTICE Filing Consent to Join Forms: by Plaintiff Deborah F Johnson (Attachments: #1 Exhibit Exhibit 1 - Notice of Filing Consent)(Potashnick, Mark) |
| Filing 120 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Katherine Migneron (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 119 NOTICE of Appointment of Neutral Neutral name: Richard Sher Neutral selected by Parties (Enotice to neutral)(LSD) |
| Filing 118 NOTICE Filing Consent to Join Forms: by Plaintiffs Carrie Lewis, Bruce Terry (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 117 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Christopher Brown, Karen Coleman (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 116 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Sherry James (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 115 Docket Text ORDER Re: #114 Joint MOTION for Extension of Time to Complete Mediation by Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) filed by Tamika Kilgore, Kandice Simmons; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on June 10, 2011. (SAA) |
| Filing 114 Joint MOTION for Extension of Time to Complete Mediation by Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) |
| Filing 113 Designation of Neutral by parties and ADR Conference Report by Plaintiffs Tamika Kilgore, Kandice Simmons Neutral: Richard P. Sher Date of Conference: August 15, 2011 time: 9:00 a.m. Location: 190 Carondelet Plaza, Suite 1100, Clayton, Missouri, 63105(Potashnick, Mark) |
| Filing 112 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Janay Gray (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 111 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Rochelle Lathan, Amiah Turner (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 110 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Shelley Gowen, Latricia SanNicolas (Attachments: #1 Exhibit Exhibit - Consent to Join Forms)(Potashnick, Mark) |
| Filing 109 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Tarasita Clinton (Attachments: #1 Exhibit Exhibit - Consent to Join Form)(Potashnick, Mark) |
| Filing 108 NOTICE Filing Consent to Join Forms: by Plaintiffs Jennifer Shelton, Julie Tullock (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 107 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff LaVonda Cotton (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 106 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs William Bryant, Sara Crosby, Veronica Crosby, Brandon Davis, Tracie Otis (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 105 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Jillan Lovings (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 104 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Patrice Johnson (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 103 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiffs Sonya R Brookins, Everlean Taylor, Eric L Weekly (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 102 NOTICE Filing Consent to Join Forms: by Plaintiff Eveland Samual (Attachments: #1 Exhibit Exhibit - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 100 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Theresa Cochran (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 99 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Orvella Jones (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 101
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Mark Potashnick ADR Completion Deadline due by 7/8/2011. Designation of Neutral due by 6/9/2011. ADR Conference Schedule due by 6/9/2011. Signed by Honorable Audrey G. Fleissig on 5/20/2011. (NCL)
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| Filing 98 NOTICE Filing Consent to Join Forms: by Plaintiffs Bridget Bradley, Jeanette Sanders (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 97 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Marquita J Hearn (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 96 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion for Leave to File Consent to Join Form on Behalf of Plaintiff Doe 1 (Doc. #64 ) is GRANTED, in part. Signed by Honorable Audrey G. Fleissig on 5/19/11. (KJS) |
| Filing 95 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Ronald Johnson Jr. (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 94 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Latorrie Bevly, Nicola Ratcliff, Sharon Weary (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 93 NOTICE Filing Consent to Join Forms: by Plaintiffs Jasmine Fleming, Chantal Ford (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 92 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Marnisha Crawford, Roxanna Summerall (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 91 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiffs Sharin James, Blake Toulou (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 90 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Gladys Carr, Jimmy II Rice (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 89 NOTICE Filing Consent to Join Forms: by Plaintiffs Robert Pauk, Zondra Turner-Wyatt, Darren Wyatt (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 88 NOTICE Filing Consent to Join Forms: by Plaintiffs Carrie Cervantes, Michael Gasperic (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 87 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Christina Gaddy, Adrianne Kirksey (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 86 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Shyra Simpson (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 85 NOTICE Filing Consent to Join Forms: by Plaintiffs Sharhonda Byrd, Tatiana Jackson (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 84 NOTICE Filing Consent to Join Forms: by Plaintiffs Charles King, Jennifer Linkous, Lisa Stringer (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 83 NOTICE Filing Consent to Join Forms: by Plaintiff Latina Harris (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 82 NOTICE Filing Consent to Join Forms: by Plaintiffs Davina Brooks, Donovan Brooks, Connie Cook, Anita Love (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 81 NOTICE Filing Consent to Join Forms: by Plaintiffs Erica Golliday, Christopher Morgan (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 80 NOTICE Filing Consent to Join Forms: by Plaintiff Bryant Lyles (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 79 NOTICE Filing Consent to Join Forms: by Plaintiffs William Coyne, Jacqueline White, Ysatis Williams (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 78 NOTICE Filing Consent to Join Forms: by Plaintiffs Yolanda Hughes, Larry Quinn, Mareayna Whitehead (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 77 NOTICE by Plaintiffs Vera Hill, Jefferson Hill (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 76 NOTICE Filing Consent to Join Forms: by Plaintiffs Yuri Browning, Latoya Jones, Endia Jordan (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 75 NOTICE Filing Consent to Join Forms: by Plaintiffs Diane Carter-Anderson, Cierra Collins, James Coombs, Beverly E Simpson (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 74 NOTICE Filing Consent to Join Forms: by Plaintiffs Shannon Johnson-Roy, Theresa Perdue-Jones, Amelia Spilman (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 73 NOTICE Filing Consent to Join Forms: by Plaintiffs Phillip Granderson, Shayvonda Mayes, James McAnally (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 72 NOTICE Filing Consent to Join Forms: by Plaintiffs Sanra M Dupree, April Darcel Hawkins, Kyle L Jones (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 71 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 70 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 69 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 68 REPLY to Response to Motion re #64 MOTION for Leave to FILE CONSENT TO JOIN FORM ON BEHALF OF PLAINTIFF DOE 1 filed by Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) |
| Filing 67 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 66 MEMORANDUM in Opposition re #64 MOTION for Leave to FILE CONSENT TO JOIN FORM ON BEHALF OF PLAINTIFF DOE 1 filed by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (O'Keefe, Daniel) |
| Filing 65 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 64 MOTION for Leave to FILE CONSENT TO JOIN FORM ON BEHALF OF PLAINTIFF DOE 1 by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: #1 Exhibit Exhibit 1 - Blank Consent Form Received by Counsel on April 8, 2011)(Potashnick, Mark) |
| Filing 63 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 62 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 61 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 60 MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that this Court's March 9, 2011 Order is reaffirmed, and within ten(10) days of the date of this Order, Defendants shall conspicuously post the notice and consent form, approved in the Court's March 9, 2011 Order, in the break rooms of their St. Louis County call center until June 29, 2011, the date the opt-in period expires.. Signed by Honorable Audrey G. Fleissig on 4/6/2011. (MRC) |
| Filing 59 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 58 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 57 NOTICE by Plaintiffs Tamika Kilgore, Kandice Simmons of Filing Consent to Join Form (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 56 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 55 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 54 MEMORANDUM re #50 Order,, [Memorandum to Court Regarding FLSA Notice Posting] by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: #1 Exhibit Exhibit 1 - March 23, 2011 Email from Defense Counsel, #2 Exhibit Exhibit 2 - March 24, 2011 Email from Defense Counsel, #3 Exhibit Exhbit 3: Beasley v. GC Services Motion to Reconsider, #4 Exhibit Exhibit 4: Beasley v. GC Services Opposition to Motion to Reconsider, #5 Exhibit Exhibit 5: Beasley v. GC Services Reply Brief, #6 Exhibit Exhbit 6: Beasley v. GC Services Order Issued March 8, 2011)(Potashnick, Mark) |
| Filing 53 MEMORANDUM Regarding Posting Class Notice in the Workplace by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (O'Keefe, Daniel) |
| Filing 52 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
| Filing 51 NOTICE Filing Consent to Join Forms: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Forms)(Potashnick, Mark) |
|
Filing 50
ORDER IT IS HEREBY ORDERED that the parties shall enter into a tolling agreement of five (5) days. IT IS FURTHER ORDERED that the class notice shall be modified to include a 90-day opt-in period, and may be sent out by Plaintiffs on Tuesday, March 29, 2011. IT IS FURTHER ORDERED that the parties shall file simultaneous briefs on the issue of posting in workplaces, in writing, on or before Friday, April 1, 2011. Response to Court due by 4/1/2011. Signed by Honorable Audrey G. Fleissig on 3/24/2011. (NCL)
|
| Filing 49 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Status Conference held on 3/24/2011. - Parties present for telephone conference on proposed class notice. Order to issue. (Court Reporter or FTR Gold Operator initials:None.) (FTR Gold yes or no: No.) (MRC) |
| Filing 48 MEMORANDUM Regarding Defendants' Objections to Plaintiffs' Proposed Class Notice by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) |
| Filing 47 MEMORANDUM [MEMORANDUM TO COURT REGARDING COLLECTIVE ACTION NOTICE AND POSTING ISSUES FILED IN ADVANCE OF TELEPHONE CONFERENCE AT 3:30 P.M TODAY] by Plaintiffs Tamika Kilgore, Cheina Simmons. (Attachments: #1 Exhibit Exhibit 1 - 3/23/11 Email from Defense Counsel, #2 Exhibit Exhibit 2 - 3/24/11 Email from Defense Counsel, #3 Exhibit Exhbit 3: Motion to Reconsider in Beasely v. GC Services, #4 Exhibit Exhibit 4: Opposition to Motion to Reconsider in Beasley v. GC Services, #5 Exhibit Exhibit 5: Reply Brief in Beasley v. GC Services, #6 Exhibit Exhibit 6: Order Denying Reconsideration in Beasley v. GC Services)(Potashnick, Mark) |
| Filing 46 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' Motion to Conditionally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice (Doc. 15.) is GRANTED, and the Court conditionally certifies a class of all similarly situated present and former customer service employees who have worked at Defendants' St. Louis County call center and/or from home, at any time during the past three (3) years from the date of this Order. IT IS FURTHER ORDERED that Defendants shall provide Plaintiffs' attorneys with the names, last known mailing addresses, phone numbers, and email addresses of all potential class members, in a readable electronic format, within 14 days of this Order. IT IS FURTHER ORDERED that Plaintiffs may send out a notice and consent form consistent with Exhibits 3 and 4 to their memorandum in support of their motion for conditional certification, and Defendant shall be required to conspicuously post the notice in the break rooms of its St. Louis County call center until the opt-in period expires. Signed by Honorable Audrey G. Fleissig on 3/9/2011. (NCL) |
| Filing 45 NOTICE Consent to Join FLSA Collective Action by Alisha Taylor: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 44 NOTICE Consent to Join FLSA Collective Action by Johnnina Ray: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 43 NOTICE Supplemental Authority in Support of Plaintiff's Motion for Conditional Collective Action Certification: by Plaintiffs Tamika Kilgore, Kandice Simmons re #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] (Attachments: #1 Exhibit Exhibit 1 - Nicholson v. UTi Worldwide, et al.)(Potashnick, Mark) |
| Filing 42 NOTICE Filing Consent to Join FLSA Collective Action by Monique Moorehead: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action by Monique Moorehead)(Potashnick, Mark) |
| Filing 41 CASE MANAGEMENT ORDER - Pursuant to the Civil Justice Reform Act Expense and Delay Reduction Plan and the Differentiated Case Management Program of the United States District Court of the Eastern District of Missouri, and the Rule 16 Conference held on November 30, 2010. IT IS HEREBY ORDERED that the following schedule shall apoply in this case, and will be modified only upon showing of exceptional circumstances: [See Order for complete details/deadlines].... This case is assigned to Track: 3(Complex) Motion to Join Parties due by 1/31/2011. Discovery Completion due by 12/9/2011(The parties shall complete all first phase discovery in this case no later than December 9, 2011. The second phase discovery, if necessary, shall begin upon determination of Plaintiffs' motion for Rule 23 class certification). ADR Future Reference 5/20/2011. Dispositive Motions due by 1/16/2012. Jury Trial set for 6/11/2012 09:00 AM before Honorable Audrey G. Fleissig.. Signed by Honorable Audrey G. Fleissig on 11/30/2010. (MRC) |
| Filing 40 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Informal Matters held on 11/30/2010, Rule 16 Conference held on 11/30/2010. Conference held in person. CMO to issue.. (Court Reporter or FTR Gold Operator initials:11/30/10.) (FTR Gold yes or no: No.) (JWJ) |
| Filing 39 JOINT SCHEDULING PLAN by Plaintiffs Tamika Kilgore, Kandice Simmons. and Defendants. (Potashnick, Mark) |
| Filing 38 RULE 16 ORDER This case is assigned to Track: 2 Standard Joint Scheduling Plan due by 11/22/2010. Rule 16 Conference set for 11/30/2010 01:30 PM in In Chambers before Honorable Audrey G. Fleissig.. Signed by Honorable Audrey G. Fleissig on 10/13/10. (JWJ) |
| Filing 37 NOTICE Supplemental Authority in Support of Conditional Collective Action Certification: by Plaintiffs Tamika Kilgore, Kandice Simmons re #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] (Attachments: #1 Exhibit Exhibit 1 - Beasley v. GC Services)(Potashnick, Mark) |
| Filing 36 ADMINISTRATIVE ORDER REASSIGNING CASE. Case reassigned to Honorable Audrey G. Fleissig for all further proceedings. Honorable Henry E. Autrey no longer assigned to case. Signed by Honorable Catherine D. Perry on 9/13/2010. (CBL) |
| Filing 35 NOTICE Supplemental Authority Relevant to Pending Motion for Conditional Certification of FLSA Collective Action: by Plaintiffs Tamika Kilgore, Kandice Simmons re #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] (Attachments: #1 Exhibit Exhibit 1 - McCauley vs. First Option Mortgage)(Potashnick, Mark) |
| Filing 34 SUPPLEMENT to re #16 Memorandum in Support of Motion by Plaintiffs Latasha Allen, Meia Burks, Sandranita Carson, Julia Comotto, Latayvia Gant, Annitha Hicks, Tamika Kilgore, Gloria Lewis, Jr, Darlene Patrick, Ashley Scoggin, Earleana Scott, Cheina Simmons, Kandice Simmons, Barbara Tillotson, Brandon Williams. (Attachments: #1 Declaration of Gloria Lewis, Jr., #2 Declaration of Latasha Allen)(TRC) |
| Filing 33 Docket Text ORDER: Re: #30 Second MOTION for Leave to Supplement Motion for FLSA Collective Action Certification by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: # 1 Exhibit Exhibit 1 - Proposed Supplement to Motion for Condtional FLSA Collective Action Certifcation, # 2 Exhibit Exhibit 25 - Declaration of Latasha Allen in Support of Conditional Collective Action Certification, # 3 Exhibit Exhibit 26 - Declaration of Gloria Lewis Jr. in Support of Collective Action Certification)(Potashnick, Mark) filed by Tamika Kilgore, Kandice Simmons ; ORDERED REQUEST TO FILE SUPPLEMENT IS GRANTED. Signed by Honorable Henry E. Autrey on 8/17/10. (TRC) |
| Filing 32 REPLY to Response to Motion re #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] filed by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: #1 Exhibit Exhibit 27 - Declaration of Latasha Allen, #2 Exhibit Exhibit 28 - Declaration of Meia Burks, #3 Exhibit Exhibit 29 - Declaration of Sandranita Carson, #4 Exhibit Exhibit 30 - Declaration of Julia Comotto, #5 Exhibit Exhibit 31 - Declaration of Latayvia Gant, #6 Exhibit Exhibit 32 - Declaration of Anitha Hicks, #7 Exhibit Exhibit 33 - Declaration of Tamika Kilgore, #8 Exhibit Exhibit 34 - Declartion of Darlene Patrick, #9 Exhibit Exhibit 35 - Declaration of Ashley Scoggin, #10 Exhibit Exhibit 36 - Declaration of Cheina Simmons, #11 Exhibit Exhibit 37 - Declaration of Kandice Simmons, #12 Exhibit Exhibit 38 - Declaration of Barbara Tillotson, #13 Exhibit Exhibit 39 - Greewald vs. Phillips Home Furnishings, #14 Exhibit Exhibit 40 - Douglas vs. First Student, #15 Exhibit Exhibit 41 - Acosta vs. Yale Club of N.Y.C., #16 Exhibit Exhibit 42 - Dominguez vs. Minn. Beef Indus., #17 Exhibit Exhibit 43 - McKinzie vs. Westlake Hardware, #18 Exhibit Exhibit 44 - Pressler vs. FTS USA, LLC, #19 Exhibit Exhibit 45 - Sjoblom vs. Charter Communs., #20 Exhibit Exhibit 46 - Shabazz vs. Asurion Ins. Serv., #21 Exhibit Exhibit 47 - Frank vs. Gold'n Plump, #22 Exhibit Exhibit 48 - DeKeyser vs. Thyssenkrupp Waupaca, #23 Exhibit Exhibit 49 - Marshall vs. Amsted Industries, #24 Exhibit Exhibit 50 - Barnwell vs. Corrections Corp. of America, #25 Exhibit Exhibit 51 - Adams vs. Big Lots Stores, #26 Exhibit Exhibit 52 - Brennan vs. Lundell, #27 Exhibit Exhibit 53 - Levy vs. Verizon Info. Serv., #28 Exhibit Exhibit 54 - Helmert vs. Buterball, LLC)(Potashnick, Mark) |
| Filing 31 MEMORANDUM in Opposition re #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] filed by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(O'Keefe, Daniel) |
| Filing 30 Second MOTION for Leave to Supplement Motion for FLSA Collective Action Certification by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: #1 Exhibit Exhibit 1 - Proposed Supplement to Motion for Condtional FLSA Collective Action Certifcation, #2 Exhibit Exhibit 25 - Declaration of Latasha Allen in Support of Conditional Collective Action Certification, #3 Exhibit Exhibit 26 - Declaration of Gloria Lewis Jr. in Support of Collective Action Certification)(Potashnick, Mark) |
| Filing 29 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Notice of Consent to Join FLSA Collective Action by Gloria Lewis Jr.)(Potashnick, Mark) |
| Filing 28 Docket Text ORDER: Re: #26 Second MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) filed by Enterprise Holdings, Inc., EAN Services, LLC ; REQUEST FOR ADDITIONAL TIME IS GRANTED; HEA. Signed by Honorable Henry E. Autrey on 7/20/10. (CLA) |
| Filing 27 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. Parent companies: The Crawford Group, Inc. and Enterprise Holdings, Inc., Subsidiaries: Enterprise Holdings, Inc. and EAN Services, LLC,. (Wyrsch, James) |
| Filing 26 Second MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) |
| Filing 25 NOTICE Filing Consent to Join FLSA Collective Action by Latasha Allen: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 24 SHORT SUPPLEMENTAL re #16 Memorandum in Support of Motion,,,,, #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] by Plaintiffs Meia Burks, Sandranita Carson, Julia Comotto, Latayvia Gant, Annitha Hicks, Tamika Kilgore, Darlene Patrick, Ashley Scoggin, Earleana Scott, Cheina Simmons, Kandice Simmons, Barbara Tillotson, Brandon Williams. (Attachments: #1 Exhibit 17, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22, #7 Exhibit 23, #8 Exhibit 24)(CEL) |
| Filing 23 Docket Text ORDER: Re: #22 MOTION to Supplement ; ORDERED : REQUEST to file supplement is GRANTED. Signed by Honorable Henry E. Autrey on 7/6/10. (CEL) |
| Filing 22 MOTION to Supplement #16 Memorandum in Support of Motion,,,,, #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: #1 Exhibit Proposed Supplement to Memorandum in Support of Motion for Conditional Certification of FLSA Collective Action, #2 Exhibit Ex. 17 to Proposed Supplement - Declaration of Annitha Hicks, #3 Exhibit Ex. 18 to Proposed Supplement - Declaration of Ashley Scoggin, #4 Exhibit Ex. 19 to Proposed Supplement - Declaration of Barbara Tillotson, #5 Exhibit Ex. 20 to Proposed Supplement - Declaration of Latayvia Gant, #6 Exhibit Ex. 21 to Proposed Supplement - Defendants' Performance Measurements Policy, #7 Exhibit Ex. 22 to Proposed Supplement - Defendants Productivity Requirement Policy, #8 Exhibit Ex. 23 to Proposed Supplement - Defendants Log On and Information Accessing Steps for National-Alamo Reservations, #9 Exhibit Ex. 24 to Proposed Supplement - Defendants' Log On and Information Accessign Steps for Enterprise Reservations)(Potashnick, Mark) |
| Filing 21 NOTICE Filings Consents to Join FLSA Collective Action: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Consent to Join Forms Submitted by Annitha Hicks and Barbara Tillotson)(Potashnick, Mark) |
| Filing 20 Docket Text ORDER: Re: #18 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) filed by Enterprise Holdings, Inc., EAN Services, LLC ; ORDERED GRANTED, (Response to Court due by 7/19/2010). Signed by Honorable Henry E. Autrey on 6/17/10. (TRC) |
| Filing 19 NOTICE Filing Consent to Join FLSA Collective Action by Ashley Scoggin: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action by Ashley Scoggin)(Potashnick, Mark) |
| Filing 18 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) |
| Filing 17 ANSWER to #1 Complaint, by EAN Services, LLC, Enterprise Holdings, Inc..(Wyrsch, James) |
| Filing 16 MEMORANDUM in Support of Motion re #15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] filed by Plaintiffs Tamika Kilgore, Kandice Simmons. (Attachments: #1 Exhibit Exhibit 1 - U.S. Dept. of Labor Fact Sheet Regarding Call Center Conduct, #2 Exhibit Exhibit 2 (Part 1) - Plaintiffs' Declarations, #3 Exhibit Exhibit 2 (Part 2) - Plaintiffs' Declarations, #4 Exhibit Exhibit 2 (Part 3) - Plaintiffs' Declarations, #5 Exhibit Exhibit 3 - Proposed Class Notice, #6 Exhibit Exhibit 4 - Proposed Consent to Join Form, #7 Exhibit Exhibit 5 - Huant vs. Gateway Hotel Holdings Docket Text Order, #8 Exhibit Exhibit 6 - Huant vs. Gateway Hotel Holdings Approved Class Notice, #9 Exhibit Exhibit 7 - Chankin vs. Tihen Communications, #10 Exhibit Exhibit 8 - Schleipfter vs. Mitek Corp., #11 Exhibit Exhibit 9 - Boyle vs. Barber & Sons Co., #12 Exhibit Exhibit 10 - Dernovish vs. AT&T Operations, #13 Exhibit Exhibit 11 - Sharpe vs. APAC Cust. Services, #14 Exhibit Exhibit 12 - Nolan vs. Reliant Equity Investors, #15 Exhibit Exhibit 13 - Gipson vs. Southwestern Bell Telephone Co., #16 Exhibit Exhibit 14 - Hens vs. ClientLogic Operating Corp., #17 Exhibit Exhibit 15 - Arriaga-Zacriares vs. Lewis Taylor Farms, #18 Original Filing Form Exhibit 16 - Garcia vs. Salmanca Group Ltd.)(Potashnick, Mark) |
| Filing 15 MOTION to Certify Class [Motion to Conditoinally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice] by Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) |
| Filing 14 Docket Text ORDER: Notice of filing consents to become parties pltff. Filed by pltff. SO ORDERED HEA. Signed by Honorable Henry E. Autrey on 6/4/10. (CLA) |
| Filing 13 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Consents to Join FLSA Action by Julia Comotta, Latayvia Gant, Darlene Patrick, Earleana Scott, Cheina Simmons & Brandon Williams)(Potashnick, Mark) |
| Filing 12 NOTICE by Plaintiffs Tamika Kilgore, Kandice Simmons of Filing Consent to Join FLSA Collective Action by Sandranita Carson (Attachments: #1 Exhibit Consent to Joing FLSA Collective Action by Sandranita Carson)(Potashnick, Mark) |
| Filing 11 NOTICE Consent to Join FLSA Collective Action: by Plaintiffs Tamika Kilgore, Kandice Simmons (Attachments: #1 Exhibit Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 10 Docket Text ORDER: Re: #9 MOTION for Extension of Time to File Answer re #1 Complaint, by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. ; ORDERED : REQUEST FOR ADD'L TIME IS GRANTED. Signed by Honorable Henry E. Autrey on 5/10/10. (CEL) |
| Filing 9 MOTION for Extension of Time to File Answer re #1 Complaint, by Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) |
| Filing 8 ENTRY of Appearance by Elizabeth J. Romines for Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Romines, Elizabeth) |
| Filing 7 ENTRY of Appearance by James R. Wyrsch for Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (Wyrsch, James) |
| Filing 6 ENTRY of Appearance by Daniel M. O'Keefe for Defendants EAN Services, LLC, Enterprise Holdings, Inc.. (O'Keefe, Daniel) |
| Filing 5 SUMMONS Returned Executed filed by Kandice Simmons, Tamika Kilgore. Enterprise Holdings, Inc. served on 4/16/2010, answer due 5/7/2010. (Whittle Parke, Kristin) |
| Filing 4 SUMMONS Returned Executed filed by Kandice Simmons, Tamika Kilgore. EAN Services, LLC served on 4/16/2010, answer due 5/7/2010. (Whittle Parke, Kristin) |
| Case Opening Notification 2 Summons(es) issued, Disclosure of Corporate Interest issued to Plaintiffs for service to defendants. Judge Assigned: Henry E. Autrey. (BAK) |
| Filing 3 ENTRY of Appearance by Mark A. Potashnick for Plaintiffs Tamika Kilgore, Kandice Simmons. (Potashnick, Mark) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Kandice Simmons Process Server: Frederick Investigations (Attachments: #1 Summons - EAN Services, #2 Summons - Enterprise Holdings, Inc.)(Whittle Parke, Kristin) |
| Filing 1 COMPLAINT against defendant EAN Services, LLC, Enterprise Holdings, Inc. with receipt number 0865-2224064, in the amount of $350 Jury Demand,, filed by Kandice Simmons. (Attachments: #1 Exhibit 1 - Kandice Simmons' Consent to Become a Party Plaintiff, #2 Exhibit 2 - Tamika Kilgore's Consent to Become a Party Plaintiff, #3 Civil Cover Sheet, #4 Original Filing Form)(Whittle Parke, Kristin) |
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