Davenport v. Charter Communications, LLC
| Penny Davenport, James Rachal, Jimmie III Floyd, LaShanda Hicks, Melody Locke, William Locke, Angela Nelson, Sandra Pothoof, Joshua Westmaas, Rita Gentry, Justin Ansell, Victoria Miller, Randall Poteet, Eric Lee Nichols, Milton Betts, Lisa Broyles, Cynthia Chiebana, Anisha Coleman, Kim Clay Douglas, Matthew F Bozada, Michelle Ann Gilbert, Neva N Glenn, Tammy Miller Jascur, Carlos Jenkins, James Moore, Ian Nelson, Delores Thompson, Jeannie Dishon, June Dortch, Janet Howes, Jonathan Julian, Mark J. Macaluso, Kasim Muhamed, Ricardo Jr. Perez, Dennis Allen, David Ardis, David Atwood, Shirley Baker, Larry Jr. J. Bates, James M Bruce, Aintree Capri Jones, Derek DeYoung, Chris Diedrich, Stephanie Evans, Kyle Lee Griffin, Klonda Grigsby, Chris Gutterman, James Holder, Suzanne M Jensen, Kachelle Jones, Rodney Lennox, James Lemke, Tara R Lester-Danky, Shaphan Marlow, Kimberly Morrow, Ryan Scott Masching, Christi Micklatcher, Thomas J Norton, Cindy Olson, Crystal L Pendleton, Jennifer Price, Christopher Seastrom, Danielle Stone, Cornelius Strawder, Justin Tittel, Shelly M Uttendorfer, Stacey Winter, Rachel Witkowski, William Yancy, Steve Young, Patrick Blackmon, Lamondo Braggs, Devin F Brown, Tamika Buckley, Douglas A Busch, Michael K Charloff, Victoria M Childers, Catherine Gifford, Deborah L Grady, Duane Grogans, Brooke Hagood, Whitney Hall, Eric Jon Hill, Rhona Holtzinger, Aaron C Inks, Kelly Jones, A Jean-Luc Lafont, Julie A Nimmer-Clark, Kara OConnell, Maria S Osorio, Mary Anne Patterson, Frank Pearce, James D Rainey, James D Roarx, Michelle D Ross, Amanda Schenk, Janna Michelle Schultz, Rodney Smith, Joyce Starling, Samuel III Sturgeon, Jasonn S Teamer, Kevin Watson, Siobhan Williams, Amanda Adams, Jessica Alexander, Jane Averill-Roznowski, Jason E Blair, Karen I Bork, India Bridgewater, Lois Brown, Katie Buchanan, Marlon Jr. Byfeld, Nick Cassaday, Brittany Cassidy, Richard Colon, Tony Coppelletti, Mandy Cotton, Pina Cureton, William Alan Crosby, Adam Dalton, Cortney Estes, Robert Estes, Melinda Flaherty, Melissa Franklin, Beth Friede, John Gage, Adam Hall, Chelsey Hall, Martha P Hayes, Kaili Hess, Bruce Hevelhurst, Michael Johnson, Michael Jr. Joubert, Dennis E Kirchner, Rebekah Lambert, Catherine E Lampman, Gina Lese, Joezetta Maria McKee, Rita Martin Middleton, Mildred Miller, Shiobhan Nhean, Somnang Nhean, Robert Ochoa, LaToya Ogburn, Johntai Olive, Linda Osytek, David Piccicuto, Heather J Richardson, Sal Rivera, Tiffany G Rosa, Rachel Roller-Meloy, Nicole LeeAnne Sadler, Roy T Santolini, Katie A Schwenker, Shana Sherard, Tycee Skinner, Richard T Sluder, Luopu Smith, Lynn Smith, Jennifer Stevenin, Saron Thimijan, Jean Thompson, Kathleen Wheatcraft Thornsberry, Ryan Thornton, Angelina M Triscari, Larry M Troy, Shaunna Ware, Daniel Waskevich, Lisa Waskevich, Bradley T Wheeler, Mary A Wheeler, Jason T White, James Vavrek, Angela K Young, Sarah Blanchard, Carolyn Blassingam, Anita Collins, Jeriecka Coleman, Daniel Cook, Sabina Cunningham, Phillip Dominguez, Genora Flemmings, Isaura Garcia, Nathan Alan Gorby, Zachary Hallmark, Pamela Jones, Quan Lieu, Sabrina McCoy, Joshua Murry, Joseph G Neeland, Rayond Ray, Nancy L Ring, Glenn R Rode, Carmen Rodriguez, Richard Saephan-Lee, Wayne Jr. Dean Schnare, Jillian Smith, Heather Trauth, Lisa L Turner, Kristina Wilson, Athena Daun Willis-Casciano, Keyona Allen, Milachi Bjorngaard, Vicki Blakemore, Steven Carmer, Tamara Chamberlain, Marquita Coleman, Eric Connor, Susan M Costanza, Stacy Croley, Robert W Dionne, Brandy Draper, Daniel Fritz, Yolanda Frontiera, Stephanie Gervais, Gaelen Hammond, Lorraine Harpe, Alyssa Hodgerney, Gwendolyn Hopson, Thomas A Hughes, Bessie James, Jean M Julien, Patrick J Keeley, Matt Lawas, Cecelia Malm, Luke Cash Mansfield, Eric I May, Shanae Michalak, Sam Nikopoulos, Mark Oldenhoff, Amanda Overall, Matthew S Prebluda, Wendy M Proctor, Jessica Rennu, Rose L Roberts, Sherrell Sanford, Susan L Schipper, Jacubus Schwitters, Samuel Simms, Neil Sipress, Sara Smoody, Tiffany Spadie, Charles II B Spencer, Derek Strickland, Denise A Swygert, Robert N Talcott, Susan Veenema, Deborah Kay Walker, Russell K Witcraft, April Wood, Sunaide Wright, Patrick Aleman, Jacob Bright, Joseph II Daley, Nickole Demers, Samantha Finne, Tyler Forbus, Melissa Griggs, Lori B Jewett-Thede, Jody L Ludewig, Brandon Lynch, Tracy Medes, Travis Berrell, Kevin Beyer, Christina Brefka, Jonathan R Bryant, Christy Castro, Anthony R Deich, Sandrra Eckerson, Tiffany A Eisner/Jarvis, Christina Grismer, Michael J Gummere, Lina Johnson, Quiana Johnson, Helen Jones, Kelly Lang, Raeven Mason, Gustave H Mielkie, Adam Overheul, Sherry Padrigo, Deandra Pentecost, Iris Saunders, Brittany Sheets, Nichelle Smith, Lawrence K Sween, Pierre D Walker, Erika Jane V Anes, Eric T Bartlett, Ashley Campbell, Angela M Castellano, Edna Ruth Day, Jesse Earhart, Brandon Esquivel, Karen R Fertitta, Angela Hampton, Ashley Hartfield, Sheba Hunter, Jeffrey A Kalis, Laura Louthan, Samantha McCormick, Ashley Perry, Rodney J Sonnenberg, Kelly Stewart, Brad Stinson, Fawne M Thornhill, Michele Zenner, David Zufelt, Latisha M Arnold, Christopher Dale Ayers, Mino Azer, Michele Bell, Stephen Black, Talitha J Blohm, Amanda Bolton, Bret Cochran, Stephen B Ellis, Michael Ermshar, Patrick Fuller, Carla Gellings, Jeri Hough, Kristina Ignasiak-Berens, Joshua D Krueger, Aaron J Mackison, Eric V Maller, Jenester Outten, Margretta Pfeffer, Regina Richardson, Leticia Riley, Brett Albert Risen, Ayanna L Tarrance, Catherine Caron, Gerold Davis, Amanda DeBoer, Katherine Fenerson, Bryce Hamm, Aaron Jones, Jason King, Nick Koenig, Dawn Lowe, Melinda Mack, Stacy Seidl, Christopher Smith, Rhonda Smith, Mel Sturm, Nathan Toal, Karen Walgren, Beatta R Adler, Angela Bennett, Patrick Carlin, Hollie Crosby, Teresa L Dalingney, David A DeBaggis, Nicole Dyba, Daniel Glenn Finley, Kayla Finne, Aaron Glanville, Michael Greene, Christina M Grimes, Keith Hamblin, Christopher T Jones, Cecil Kirby, Brett H McFarland, David McInteer, Jamie Schoff, Heather Smith, Kimberly Staub, Kristi Stempkovski, Jeffrey RC VerBurg, Kimberly Ward, Marjorie A Weatherly, Dana West, Khamisi Baroka Belt, Jill A Hardy, Ryan McDermott, Jessica Williams, Susan B Binder, Antoinette Dew-Wilson, Joshua Farmer, Joshua Granda, Kyra L Gray, Russell Hunter Robbins, Fred E Tudor, Chris Weeden, Stacey Barrows, Michael A Bertram, Sarah Calkins, Latosha R Carter, Lynnette M Fay, Donnie R Goodman, Elizabeth A Hill, Randall Lenton, Tiffany Meyer, Kristin K Mork, Rebecca Olson, Elena Reeves, Matthew Adam Schultz, Shirley Straight, Brandon Tagarook, Christina Ballenger, Shawn Bersing, James Black, Kathleen Blanchett, Diana L Davis, Byron D Dendy, Jamie McKiernan, Sara Metcalf, Lindsey Sheets, Dean Sieger, Cassidey L Decker, Chad Finch, Shannon McFadden, Mitchell W Nesbitt, Charles Michael Rodgers, Michael P Vario, Andrew J. Barbeau, Roberto W Cepeda, Sarah Dale, Desiree Dreyfus, Trapper Grover, Cindy A Hester, Joseph Hubbard, Brenzell L Lightner, Nicole L McConnell, Carissa Nummerder, Victoria Overholser, Ashley N Perry, Angel Rose Prewitt, Scott A Riemenschneider, Cheryl Rodriguez, Gustavo Aguilar Rodriguez, Kimberly Schafer, Neil A Schafer, Singwala Shunnasah, Barbara A Snow, Victoria L Weber, Andrew Woznick, Cory Barrow, Jerre L Brown, Rayshawn Cartr, Sarah Rogalinski, Tishinna Strickland, Linda M Bennett, Kiala Crawford, Jeremy Harbolt, Lisa Saylor, Lamond Sykes, Ginger Wallace, Richard Bryant, Sarah E Carlson, Janet Lee Carrow, Meggan Evans, Virginia Halbleib-Bryant, Kenneth W Henson, Kathy Jackson, Lisa M Kolenda, Brittney Love, Kevin D Lyseth, Jennifer Riney, Rebecca R Rogers, Shawna Wagner, Dawn M Brandenburg, Roger J Buffum, Shawna M Captain, Samuel Chuunga, Diana Concepcion, Vicky Farmer, Ashley Heaps, Brandon Jessie, Stafford Nicholas, Ashley A Torbeck, Melanie Trayler, Thomas L Anthony, John III J Dukarski, Robert E Goss, Jason Harmsen, Katherine C Jordan, Evangeline Kuhn, Jessica Laber, Steve II Mandell, Lanikka C Riddock, Leslie Stanfield, Patrick Tarpley, Amy R Bower, Tiffany Gathof, Melissa Jenkins, Steven Kearfott, Steven Lizotte, Timothy J Loesch, Valerie L Mason, Ben McSpadden, Fredrick F Moore, Trezenda Moran, Angela Owen, Brenda G Pickens, Latwaina Pyles, Peggy L Salamone, Veronica Wagner, Gabriel Shane Walsh, Carlton Austin, Richard Green, Oscar F Maisonet-Galiano, Mary Keener, Charity Powell, Dawn J Wilson, Adrian Barkley, Claude Bowens, Michele Hartman, Richard Jr. Amos Hendrickson, Nicholas Holtan, Maria D Jasmin, Steven Johnson, Anne McKenzie, Evelyn Moore, Scott Schroeder, Wayne D Shemwell, Courtney Southard, Anthony Street, Diana E Swan, Stephanie Wilson, Angela M Alves, Rekeshia Berry, Lois J Bristol, Todd A Coyer, Jane E Jones-Waddle, Brittany Owens, Julie Pezzarossi, Lindsey Sherman, Kendra Shuford, Craig R Cleborne, Nicole Gotsch, Lakesha Mackey, Isaha Rhodes, Brian Adam Rzepiejewski, Debra Simmonds, Ashley Thrasher, Sylvia Barajas, Charise Colquitt, Casi Cooper, Stephen Cooper, Phyllis Darnell, Edward Ford, Ashley C Forrest, Diane Guyton, Nichole Hardy, Cynthia D Jones, Tracy L Louis, Lacey Mackey, Thaisa CL Rantanen, Jackey Sibley, Leah Thompson, Matthew Joseph Thompson, Sarah C Vance, Angela Woods, Kheesha Wright, Arthur Deleon, Joi Barnes, Cassie Bos, Sofia Castellanos, Shane Copeland, Chris Essling, David R Habenstein, Lachelle Jernigan, Brittany Thomas, Clara Wilson, Christopher E Blunk, Reegan Bronkhorst, Herman Gerran, Justin Jensen, Angela Ledbetter, John Christopher Miller, Nick Niebuhr, Paula M Peterson, Nicholas Grant, Chardae Jackson, Josie J Jimenez, Ron A Mayhall, Stacey McDowell, Andra L Meyers, Shawn Potter, Jacquelyn R Brown, Carol A Carter, Sarah Curtis, Jessica Druet, Jennifer Langs Fernandez, Corey Gardner, Sabrena Goff, Jimmy Jr. Guy Howard, Amanda Hynes-Lewandowski, Josh Lucas, Tina Manderscheid, Jared McCune, Jacob McLain, Elizabeth M Meyer, Barbara A Morehouse, Jodie E Pederson, Ashley Pierce, Michael Prath, Jennifer Rioux, Jason Ross, Nicole L Sudinski, Byron D Thomas, Michelle Walma, Kelli Wold, Kris Bowe, Erin M Broyles, Edward Jr. Gregory Burkey, Danitza T Carranza, Chametra Fishburne, Mark J Grabowski, Amber Marie Hadley, Lateef Haskins, Justin Hohenstern, RayTerica Rush, Ynetta Tabb, Robert H Travis, Sean Bolin, Pamela Buyense, Alysha Drees, Scott Haas, Jasmine M Johnson, Ashley Kuss, Jennifer Lange, Candice L Lawens, Eric Lee, Brandon Loos, Caleena Reed, Diane Rice, Stephanie Sherman, Claudia Alaniz, Aeisha Anderson, Victoria L. Willis App, Jill Beattie, Paul A Bierod, Troy Broadrick, Serena L Fennell, Sonya Geter, Brian J Jessup, Rebecca Kasinger, Thomas G McKelvey, Jon Tompkin, Linda Watters, Lori Bailey, Phillip B Boniello, Jasmine Britt, Bonnie M Cohen, Korrine C Congos, Brenda S. Sanders Dobson, Jeff Scott Fairchild, Robyn L Gartman, Marcus A Hairston, Anastasia Hampton, Erica Huskey, Kherriece Jenkins, Anthony W Klug, Hank Lamlech, Michelle L LeVasseur, Andrew Noto, Lois A Perdew, Sloan T Smart, Holly Wheatley, Mistie Yeager, Jose Arellano, Steffanie Brewer, Armetrice Campbell, Joy Colborn, Marsha Cousins, Marvin III E Hobson, Jeremy LaFave, Crystal LaFollette, Samantha J Mocco, Eric Myers, Cheryl Roadway, Christine Scott, Carrie Shimkus, Nicole Alexander, Rachael Nateycia Bailey, Takeila Bland, Steven Bocanegra, Stephanie Bradford, Marquetisha Curry, Andrea E Doss-McManamy, Rebecca D Emmons, Jodie Gooding, Noel L Henry, Julia Higgins, Cory Kroening, Traci Lisonbee, Brittany A Lyons, Ivan A Malizio, Bonnie Nannini, Danika Newland, Jason Norton, Ellen Planks, Phil J Rodriguez, Stephanie A Roy, Mary Elizabeth Seitl, Sean Thornton, Keisha N Tinsley, Kimberly Torgersen, Steven W Weideman, Rayviena Whitfield, Deana Williams, Amber Woychik, Anthony Galczak, Jamie Steger, Vonnie S. Mackeiwicz Urich, Patrick Ziegler, AnQuinette Brandon, Terron J Carter, Elizabeth Dentis, Danan Sr. Jordan, Charles J Kellems, Kimberly F Marcum, Matt Olivier, Kimberly S Padgett, Ruth C. Roy, Kenji B Sande, Matthew Murray Smith, Rebecca Ann Ballard Waters, Christopher Edmonds, Bryan A Henderson, Cathy A Huseby, Jennifer Ollivierre, Halei B Paige, Charity Schappell, Micah Sims, Jesse Belvin, Billy Bryant, Violet Carter, Danielle Corre, Travis Dillard, Tempestt Finch, Latitia Fox, Charlie R Jones, Lance J Kikkert, Sheena Lehman, Susan Kathleen Nagle, Theodore Quiney, Patricia M Roy, Bradley Turner, Josh Winkleplech, Michael Agwu, Jason Andrews, Jason Cann, Amy Kathleen Griffin, Andrew S Ludvik, Hope Reynolds, Amber Arnold, A'Kehaila Brown, Dawn Christ, Demetrious Cruell, Carmen E Drew, Eric Endejan, Thurman Henry James, Vanessa Leonard, Larkiel Lewis, Jeannette Loera, John Martinez, Henry J Ostby, Carrie STrand, Morgan Senlling, Ron VanderMolen, Tamara Faias Walter, Lacie Wenthold, Rose White, Maria Nelson, Jacqueline Nesby, Dustin Allan Adamson, Andres Amador, Stephanie L Bettinger, Stephanie Browning, Dawn Clemence, Katrina Craig, Takella D Durham, Jamie B Gibson, Sabrina Goebel, Kimberly Hall, David Hoiem, Suncre J James, Henrietta Jenkins, Kevin Keene, Adena Martin, Latoryah McGough, Christopher Nash, Pamela Ralph-Durham, Timothy Roppel, Chio Saelee, Martin Sheler, Linda J Soares, Alexandra Steele, Thomas Steele, Jonathan David Thoreson and Donald P. Stewart |
| Charter Communications, LLC |
| 4:2012cv00007 |
| January 4, 2012 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Audrey G Fleissig |
| Labor: Fair Standards |
| 15 U.S.C. § 5 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.
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ORDER RECEIPT: (see receipt) Docket No: 92. Fri Jul 31 09:49:22 CDT 2020 (Spurgeon, Katherine)
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Filing 462
ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE: IT IS HEREBY ORDERED THAT: 1. This case is hereby dismissed with prejudice, each party to bear his, her, or its own attorneys fees. [SEE ORDER FOR COMPLETE DETAILS.] Signed by District Judge Audrey G. Fleissig on 07/06/2017. (KCB)
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| Filing 461 Joint MOTION to Dismiss Case by Plaintiff Penny Davenport. (Potashnick, Mark) (Additional attachment(s) added on 7/5/2017: #1 Text of Proposed Order) (NEB). |
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Filing 460
Docket Text ORDER Re: #459 Consent Motion for Extension of Time to File; Extension to file the following: Dismissal Documents; Proposed extension date July 7, 2017 by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on June 30, 2017. (SAA)
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| Filing 459 Consent MOTION for Extension of Time to File ;Extension to file the following: Dismissal Documents ;Proposed extension date July 7, 2017 by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 458
ORDER... IT IS HEREBY ORDERED that the parties shall file, on or before June 29, 2017, dismissal papers dismissing the case. Failure to comply may result in the dismissal of the case by the Court. IT IS FURTHER ORDERED that all deadlines in the Case Management Order Following Decertification (ECF No. #453 ) are stayed pending dismissal or until further Order of the Court. (Dismissal Paper(s) due by 6/29/2017.). Signed by District Judge Audrey G. Fleissig on 5/30/2017. (NEB)
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| Filing 457 NOTICE of Settlement (Tentative) and Joint Motion to Stay Deadlines by All Defendants (Godiner, Clifford) |
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Filing 456
Docket Text ORDER Re: #455 Consent Motion for Extension of: Time by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on May 15, 2017. (SAA)
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| Filing 455 Consent MOTION for Extension of: Time by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 454 Amended ANSWER to Complaint (Amended) by Charter Communications, LLC.(Godiner, Clifford) |
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Filing 453
CASE MANAGEMENT ORDER FOLLOWING DECERTIFICATION...[SEE ORDER FOR COMPLETE DETAILS.] (Discovery Completion due by 8/31/2017. Dispositive Motions due by 9/29/2017. Jury Trial set for 2/12/2018 09:00 AM in Courtroom 12S before District Judge Audrey G. Fleissig. Pretrial Compliance due by 1/23/2018. Motion in Limine due by 1/29/2018.) Signed by District Judge Audrey G. Fleissig on 3/21/2017. (NEB)
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| Filing 452 JOINT SCHEDULING PLAN by Defendant Charter Communications, LLC. . (Godiner, Clifford) |
| Filing 451 MEMORANDUM re #450 Memorandum & Order,,,, by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 450
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to decertify the conditionally certified FLSA class is GRANTED. (Doc. No. #410 .) IT IS FURTHER ORDERED that the claims of the Plaintiffs who have opted in to the collective action are DISMISSED without prejudice, such that only the claims of named Plaintiffs Penny Davenport, Rita Gentry, Angela Nelson, and Joshua Westmaas remain pending before the Court. IT IS FURTHER ORDERED that the applicable statute of limitations for the FLSA claims of the Plaintiffs who have opted in to the collective action is tolled for a period of 60 days from the date of this Memorandum and Order. IT IS FURTHER ORDERED that Plaintiffs' counsel shall promptly notify the Plaintiffs who have opted in to the collective action of this Memorandum and Order, and shall file a notice with the Court confirming that they have done so. IT IS FURTHER ORDERED that within 14 days of the date of this Memorandum and Order, the remaining parties shall file a joint proposed amended schedule for the remainder of the litigation, including a proposed trial date. Signed by District Judge Audrey G. Fleissig on March 6, 2017. (BRP)
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Filing 449
ORDER... IT IS HEREBY ORDERED that the Court has reviewed the parties' status reports (Doc. Nos. #447 & #448 ) indicating that the settlement discussions previously ordered by the Court have not resulted in a settlement. Further communication with the Court regarding these discussions is neither necessary nor appropriate, as the Court does not want to be involved in the details of any settlement discussions. By its prior directive, the Court simply wanted to encourage the parties to engage in another round of settlement discussions. Signed by District Judge Audrey G. Fleissig on 3/1/2017. (NEB)
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| Filing 448 STATUS REPORT by Charter Communications, LLC. (Godiner, Clifford) |
| Filing 447 STATUS REPORT by Penny Davenport. (Potashnick, Mark) |
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Filing 446
Docket Text ORDER Re: #445 Consent Motion for Extension of Time to File Status Report; Extension to file the following: Status Report; Proposed extension date 2/28/2017 by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 22, 2017. (SAA)
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| Filing 445 Consent MOTION for Extension of Time to File Status Report ;Extension to file the following: Status Report ;Proposed extension date 2/28/2017 by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 444
Docket Text ORDER Re: #443 Consent Motion for Extension of Time to File Status Report; Extension to file the following: Status Report; Proposed extension date 2/21/2017 by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 15, 2017. (SAA)
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| Filing 443 Consent MOTION for Extension of Time to File Status Report ;Extension to file the following: Status Report ;Proposed extension date 2/21/2017 by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 442 TRANSCRIPT of #441 (MOTION HEARING) held on 1/31/2017 before Judge Audrey G. Fleissig. Court Reporter/Transcriber Patti Dunn Wecke, Patti_Dunn_Wecke@moed.uscourts.gov, 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 3/3/2017. Redacted Transcript Deadline set for 3/13/2017. Release of Transcript Restriction set for 5/11/2017. (NEB) |
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Filing 440
ORDER...IT IS HEREBY ORDERED that over the next two weeks, the parties shall engage in good faith settlement discussions through counsel. The parties shall file a status report advising the Court of the status of these discussions no later than February 14, 2017. (Status Report due by 2/14/2017.). Signed by District Judge Audrey G. Fleissig on 2/1/2017. (NEB)
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| Filing 441 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing held on 1/31/2017 re #410 MOTION for Leave to Decertify the Conditionally Certified FLSA Class filed by Charter Communications, LLC. The Court hears arguments from counsel. The matter is taken under submission. (Court Reporter:P. Dunn Wecke) (FTR Gold: No) (BRP) |
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Filing 439
Docket Text ORDER Re: #438 Motion to Withdraw as Attorney; attorney/firm William D. Buchanan by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on January 13, 2017. (SAA)
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| Filing 438 MOTION to Withdraw as Attorney ;attorney/firm William D. Buchanan by Plaintiff Penny Davenport. (Buchanan, William) |
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Filing 437
ORDER...IT IS HEREBY ORDERED that Defendant's Request for Oral Argument is GRANTED. (Doc. No. #435 .) Oral argument on Defendants motion to decertify (Doc. No. #410 ) will be heard on January 31, 2017 at 1:30 p.m. The parties will be allowed 20 minutes per side for argument. ( Motion Hearing set for 1/31/2017 01:30 PM in Courtroom 12S before District Judge Audrey G. Fleissig.). Signed by District Judge Audrey G. Fleissig on 12/28/2016. (NEB)
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| Filing 436 RESPONSE to Motion re #435 MOTION for Hearing re #410 MOTION for Leave to Decertify the Conditionally Certified FLSA Class filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 435 MOTION for Hearing re #410 MOTION for Leave to Decertify the Conditionally Certified FLSA Class by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 434
Docket Text ORDER Re: #430 Motion for Leave to File in Excess of Page Limitation; and #432 Motion for Leave to File Sealed Document by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 12, 2016. (SAA)
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| Filing 433 SEALED DOCUMENT re #432 MOTION for Leave to File Sealed Document , #431 Reply to Response to Motion,, by Defendants Charter Communications, LLC, Charter Communications, LLC. (Attachments: #1 Deposition of P. Aleman, #2 Deposition of K. Asay, #3 Deposition of L. Baggett, #4 Deposition of L. Brown, #5 Deposition of M. Byfield, #6 Deposition of J. Daley, #7 Deposition of R. Gentry, #8 Deposition of C. Hanvey, #9 Deposition of R. Hendrickson, #10 Hevelhurst Timesheet, #11 Deposition of R. Lennox, #12 Deposition of R. Mason, #13 Deposition of M. Nesbitt, #14 Deposition of D. Roffman, #15 Deposition of R. Rogers, #16 Deposition of I. Saunders, #17 Deposition of W. Schnare, #18 Deposition of M. Smith, #19 Deposition of J. Westmaas)(Williams, Roy) |
| Filing 432 MOTION for Leave to File Sealed Document by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 431 REPLY to Response to Motion re #410 MOTION for Leave to Decertify the Conditionally Certified FLSA Class, #430 MOTION for Leave to File in Excess of Page Limitation filed by Defendant Charter Communications, LLC. (Attachments: #1 Declaration of Mandy Cotton, #2 Declaration of Rita Gentry, #3 Hanvey Report, #4 Nobles v. State Farm, #5 Roffman Report Part 1, #6 Roffman Report Part 2, #7 Roffman Report Part 3, #8 Roffman Report Part 4)(Williams, Roy) |
| Filing 430 MOTION for Leave to File in Excess of Page Limitation by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 429
Docket Text ORDER Re: #428 Motion for Extension of Time to File Response/Reply as to #411 Memorandum in Support of Motion #410 Motion for Leave to Decertify the Conditionally Certified FLSA Class by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 14, 2016. (SAA)
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| Filing 428 MOTION for Extension of Time to File Response/Reply as to #411 Memorandum in Support of Motion,,,,,,,,,,,,,,,,,,,,,, #410 MOTION for Leave to Decertify the Conditionally Certified FLSA Class by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 426 NOTICE Service of Sealed Dcouments on Defendants Via Email: by Plaintiff Penny Davenport (Potashnick, Mark) |
| Filing 427 MEMORANDUM in Opposition re #410 MOTION for Leave to Decertify the Conditionally Certified FLSA Class filed by Plaintiff Penny Davenport, et al. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(NEB) |
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Filing 425
Docket Text ORDER Re: #423 Motion for Leave to File Memorandum in Opposition to Motion to Decertify Over the Page Limit and to File Exhibits 47 & 49 Thereto Under Seal by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 8, 2016. (SAA)
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| Filing 424 SEALED DOCUMENT re #423 MOTION for Leave to File Memorandum in Opposition to Motion to Decertify Over the Page Limit and to File Exhibits 47 & 49 Thereto Under Seal by Defendant Charter Communications, LLC, Plaintiff Penny Davenport. (Attachments: #1 Exhibit Sealed Document)(Potashnick, Mark) |
| Filing 423 MOTION for Leave to File Memorandum in Opposition to Motion to Decertify Over the Page Limit and to File Exhibits 47 & 49 Thereto Under Seal by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Proposed Memorandum in Opposition to Motion to Decertify, #2 Exhibit Exhibit 1 (Part 1) - Plaintiff Declarations, #3 Exhibit Eshibit 1 - Plaintiff Declarations, #4 Exhibit Exhibit 1 (Part 3) - Plaintiff Declarations, #5 Exhibit Exhibit 1 (Part 4) - Plaintiff Declarations, #6 Exhibit Exhibit 1 (Part 5) - Plaintiff Declarations, #7 Exhibit Exhibit 1 (Part 6) Plaintiff Declarations, #8 Exhibit Exhibit 1 (Part 7) Plaintiff Declarations, #9 Exhibit Exhibit 1 (Part 8) Plaintiff Declaratsions, #10 Exhibit Exhhibit 1 (Part 9) - Plaintiff Declarations, #11 Exhibit Exhibit 1 (Part 10) - Plaintiff Declarations, #12 Exhibit Exhibit 1 (Part 11) - Plaintiff Declarations, #13 Exhibit Exhibit 1 (Part 12) - Plaintiff Declartions, #14 Exhibit Exhibit 2 - Plaintiff Declarations, #15 Exhibit Exhibit 3 - Poteet Depo Excerpts, #16 Exhibit Exhibit 4 - Aleman Depo Excerpts, #17 Exhibit Exhibit 5 - Brown Depo Excerpts, #18 Exhibit Exhibit 6 - Byfield Depo Excerpts, #19 Exhibit Exhibit 7 - Cotton Depo Excerpts, #20 Exhibit Exhibit 8 - Daley Depo Excerpts, #21 Exhibit Exhibit 9 - Davenport Depo Excerpts, #22 Exhibit Exhibit 10, Dendy Depo Excerpts, #23 Exhibit Exhibit 11 - Floyd Depo Excerpts, #24 Exhibit Exhibit 12 - Gentry Depo Excerpts, #25 Exhibit Exhibit 13 - Grogans Depo Excerpts, #26 Exhibit Exhibit 14 - Hall Depo Excerpts, #27 Exhibit Exhibit 15 - Hendrickson Depo Excerpts, #28 Exhibit Exhibit 16 - Jones Depo Excerpts, #29 Exhibit Exhibit 17 - Julien Depo Excerpts, #30 Exhibit Exhibit 18 - Kimmel Depo Excerpts, #31 Exhibit Exhibit 19 - Lennox Depo Excerpts, #32 Exhibit Exhibit 20 - Locke, M. Depo Excerpts, #33 Exhibit Exhibit 21 - Locke, W. Depo Excerpts, #34 Exhibit Exhibit 22 - Mason R. Depo Excerpts, #35 Exhibit Exhibit 23 - Mason V. Depo Excerpts, #36 Exhibit Exhibit 24 - Martinez Depo Excerpts, #37 Exhibit Exhibit 25 - Miller Depo Excerpts, #38 Exhibit Exhibit 26 - Nelson Depo Excerpts, #39 Exhibit Exhibit 27 - Nesbitt Depo Excperts, #40 Exhibit Exhibit 28 - Patterson Depo Excerpts, #41 Exhibit Exhibit 29 - Pederson Depo Excerpts, #42 Exhibit Exhibit 30 - Rogers Depo Excerpts, #43 Exhibit Exhibit 31 - Rosa Depo Excerpts, #44 Exhibit Exhibit 32 - Saunders Depo Excerpts, #45 Exhibit Exhibit 33 - Schnare Depo Excerpts, #46 Exhibit Exhibit 34 - Schultz Depo Excperts, #47 Exhibit Exhibit 35 - Smith Depo Exceprts, #48 Exhibit Exhibit 36 - Soares Depo Excerpts, #49 Exhibit Exhibit 37 - Southard Depo Excerpts, #50 Exhibit Exhibit 38 - Westmaas Depo Excerpts, #51 Exhibit Exhibit 39 - Wozniak Depo Excerpts, #52 Exhibit Exhibit 40 - Potashnick Declaration, #53 Exhibit Exhibit 41 - Baggett Expert Report, #54 Exhibit Exhibit 42 - Roggman Report, #55 Exhibit Exhibit 43 - Hanvey Report, #56 Exhibit Exhibit 44 - Hanvey Depo Excerpt, #57 Exhibit Exhibit 45 - Baggget Expert Rebuttal Report, #58 Exhibit Exhibit 46 - Glazebrook Depo Excerpts, #59 Exhibit Exhibit 47 - Placeholder for Sealed Dcoument, #60 Exhibit Exhibit 48 - Dockins Depo Excerpts, #61 Exhibit Exhibit 49 - Placeholder for Sealed Dcoument)(Potashnick, Mark) |
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Filing 422
Docket Text ORDER Re: #421 Joint Motion for Extension of: Time To Complete Expert Discovery and File Daubert Motions by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 28, 2016. (SAA)
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| Filing 421 Joint MOTION for Extension of: Time To Complete Expert Discovery and File Daubert Motions by Defendant Charter Communications, LLC. (Godiner, Clifford) |
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Filing 420
ORDER... IT IS HEREBY ORDERED that Plaintiffs' motion to clarify deadline is GRANTED. (Doc. No. #419 .) Plaintiffs' opposition to Defendant's motion to decertify shall be due on November 7, 2016, and any reply shall be due within 14 days thereafter. Signed by District Judge Audrey G. Fleissig on 10/7/2016. (NEB)
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| Filing 419 MOTION to Clarify 418 Docket Text Order, by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 418
Docket Text ORDER Re: #414 Supplemental Motion for Leave to File in Excess of Page Limitation re #409 Order Requesting Additional Justification for Page Extension by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 6, 2016. (SAA)
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Filing 417
Docket Text ORDER Re: #412 Motion for Leave to File Sealed Document by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 6, 2016. (SAA)
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Filing 416
Docket Text ORDER Re: #408 Motion for Leave to File in Excess of Page Limitation by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 6, 2016. (SAA)
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| Filing 415 NOTICE Filing of Certificate of Service: by Defendant Charter Communications, LLC re #413 Sealed Document,,,,,,,,, (Williams, Roy) |
| Filing 414 Supplemental MOTION for Leave to File in Excess of Page Limitation re #409 Order Requesting Additional Justification for Page Extension by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 413 SEALED DOCUMENT re #412 MOTION for Leave to File Sealed Document re #410 Motion for Leave to Decertify the Conditionally Certified FLSA Class by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit Deposition of P. Aleman, #2 Exhibit Deposition of K. Asay, #3 Exhibit Deposition of L. Baggett, #4 Exhibit Deposition of C. Barnes, #5 Exhibit Deposition of A. Bolton, #6 Exhibit Deposition of L. Boone, #7 Exhibit Deposition of L. Brown, #8 Exhibit Deposition of M. Byfield, #9 Exhibit Deposition of M. Cotton, #10 Exhibit Deposition of P. Davenport, #11 Exhibit Deposition of J. Daley, #12 Exhibit Deposition of B. Dendy, #13 Exhibit Deposition of M. Dockins, #14 Exhibit Deposition of B. Filbert, #15 Exhibit Deposition of J. Floyd, #16 Exhibit Deposition of G. Fossum, #17 Exhibit Deposition of R. Gentry, #18 Exhibit Deposition of K. Glazebrook, #19 Exhibit Deposition of D. Grogans, #20 Exhibit Deposition of W. Hall, #21 Exhibit Deposition of R. Hendrickson, #22 Exhibit Deposition of H. Jenkins, #23 Exhibit Deposition of A. Jones, #24 Exhibit Deposition of J. Julien, #25 Exhibit Deposition of J. Kimmel, #26 Exhibit Deposition of M. Locke, #27 Exhibit Deposition of W. Locke (Vol. I and II), #28 Exhibit Deposition of R. Mason, #29 Exhibit Deposition of V. Mason, #30 Exhibit Deposition of V. Miller, #31 Exhibit Deposition of A. Nelson, #32 Exhibit Deposition of M. Nesbitt, #33 Exhibit Deposition of T. Norris, #34 Exhibit Deposition of K. Olson, #35 Exhibit Deposition of M. Patterson, #36 Exhibit Deposition of J. Pederson, #37 Exhibit Deposition of R. Poteet, #38 Exhibit Deposition of S. Riggle, #39 Exhibit Deposition of D. Roffman, #40 Exhibit Deposition of R. Rogers, #41 Exhibit Deposition of T. Rosa, #42 Exhibit Deposition of I. Saunders, #43 Exhibit Deposition of W. Schnare, #44 Exhibit Deposition of M.Schultz, #45 Exhibit Deposition of M.Smith, #46 Exhibit Deposition of L. Soares, #47 Exhibit Depositin of J. Westmaas, #48 Exhibit Deposition of A. Woznick, #49 Exhibit Declaration of M. Cobb, #50 Exhibit Declaration of J. Germony, #51 Exhibit Declaration of P. Khamphilath, #52 Exhibit Declaration of E. Oates, #53 Exhibit Declaration of K. Parkin-Rego)(Williams, Roy) |
| Filing 412 MOTION for Leave to File Sealed Document by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 411 MEMORANDUM in Support of Motion re #410 MOTION for Leave to Decertify the Conditionally Certified FLSA Class, #408 MOTION for Leave to File in Excess of Page Limitation re #409 Order Requesting Additional Justification for Page Extension filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit Declaration of T. Adams, #2 Exhibit Declaration of S. Alam, #3 Exhibit Declaration of J. Ambrogi, #4 Exhibit Declaration of E. Anderson, #5 Exhibit Declaration of S. Anderson, #6 Exhibit Declaration of J. Andre, #7 Exhibit Declaration of K. Asay, #8 Exhibit Declaration of D. Baldwin, #9 Exhibit Declaration of A. Beck, #10 Exhibit Declaration of B. Beck, #11 Exhibit Declaration of C. Bell, #12 Exhibit Declaration of S. Benzel, #13 Exhibit Declaration of L. Black, #14 Exhibit Declaration of S. Blumer, #15 Exhibit Declaration of D. Bosch, #16 Exhibit Declaration of Anthony Boyd, #17 Exhibit Declaration of Asha Boyd, #18 Exhibit Declaration of S. Boyer, #19 Exhibit Declaration of M. Brasley, #20 Exhibit Declaration of A. Burgert, #21 Exhibit Supplemental Declaration of A. Burgert, #22 Exhibit Declaration of C. Butchli, #23 Exhibit Declaration of B. Caldwell, #24 Exhibit Declaration of H. Calhoun, #25 Exhibit Declaration of M. Carden, #26 Exhibit Declaration of B. Clancy, #27 Exhibit Declaration of L. Cotham, #28 Exhibit Declaration of E. Cotton-Rodgers, #29 Exhibit Declaration of D. Craven, #30 Exhibit Declaration of J. Crull, #31 Exhibit Supplemental Declaration of J. Crull, #32 Exhibit Declaration of T. Davisson, #33 Exhibit Declaration of B. Dhanjal, #34 Exhibit Declaration of M. Dowdy, #35 Exhibit Declaration of E. Drake, #36 Exhibit Declaration of P. Drake, #37 Exhibit Declaration of A. Due, #38 Exhibit Declaration of N. Ernst, #39 Exhibit Declaration of F. Fernandez, #40 Exhibit Declaration of B. Fish, #41 Exhibit Declaration of R. Garcia, #42 Exhibit Declaration of D. Groves, #43 Exhibit Declaration of J. Harmon, #44 Exhibit Declaration of M. Hassan, #45 Exhibit Declaration of C. Hatley, #46 Exhibit Supplemental Declaration of C. Hatley, #47 Exhibit Declaration of J. Hill, #48 Exhibit Declaration of D. Holmes, #49 Exhibit Declaration of M. Hubbard, #50 Exhibit Declaration of S. Hubbard, #51 Exhibit Declaration of A. Huggins, #52 Exhibit Declaration of P. Jackson, #53 Exhibit Declaration of D. James, #54 Exhibit Declaration of E. James, #55 Exhibit Declaration of D. Johnson, #56 Exhibit Declaration of K. Kelly, #57 Exhibit Declaration of J. Kemper, #58 Exhibit Declaration of J. Kempf, #59 Exhibit Declaration of K. King, #60 Exhibit Declaration of J. Klashka, #61 Exhibit Declaration of F. Knighton, #62 Exhibit Declaration of T. Lawson, #63 Exhibit Declaration of D. Leatz, #64 Exhibit Declaration of S. Leigh, #65 Exhibit Supplemental Declaration of S. Leigh, #66 Exhibit Declaration of C. Lewis, #67 Exhibit Declaration of R. McKenzie, #68 Exhibit Declaration of N. McLean, #69 Exhibit Declaration of V. McWilliams, #70 Exhibit Declaration of B. Merkle, #71 Exhibit Supplemental Declaration of B. Merkle, #72 Exhibit Declaration of K. Miles, #73 Exhibit Declaration of N. Moore, #74 Exhibit Supplemental Declaration of N. Moore, #75 Exhibit Declaration of S. Morgan, #76 Exhibit Declaration of J. Nolan, #77 Exhibit Declaration of K. Olson, #78 Exhibit Declaration of M. Oppenheimer, #79 Exhibit Declaration of J. Paquette, #80 Exhibit Declaration of A. Patterson, #81 Exhibit Declaration of H. Pedersen, #82 Exhibit Declaration of L. Pelt, #83 Exhibit Declaration of L. Perry, #84 Exhibit Declaration of F. Pratt, #85 Exhibit Declaration of C. Ream, #86 Exhibit Declaration of G. Reed, #87 Exhibit Declaration of C. Reeves, #88 Exhibit Declaration of S. Reeves, #89 Exhibit Supplemental Declaration of S. Reeves, #90 Exhibit Declaration of B. Reisterer, #91 Exhibit Declaration of J. Richardson, #92 Exhibit Declaration of S. Riggle, #93 Exhibit Declaration of A. Robertson, #94 Exhibit Declaration of D. Russell, #95 Exhibit Declaration of C. Rux, #96 Exhibit Declaration of J. Saletto, #97 Exhibit Declaration of W. Schnare, #98 Exhibit Declaration of S. Schroeder, #99 Exhibit Supplemental Declaration of M. Schumacher, #100 Exhibit Declaration of R. Scott, #101 Exhibit Declaration of A. Shaver, #102 Exhibit Declaration of J. Skelton, #103 Exhibit Declaration of A. Southard, #104 Exhibit Declaration of R. Terry, #105 Exhibit Declaration of J. Teske, #106 Exhibit Declaration of N. Thomas, #107 Exhibit Declaration of K. Touchton, #108 Exhibit Declaration of M. Washington, #109 Exhibit Declaration of K. Watson, #110 Exhibit Declaration of K. Weeden, #111 Exhibit Supplemental Declaration of K. Weeden, #112 Exhibit Declaration of S. Wheelington, #113 Exhibit Declaration of L. Wilson, #114 Exhibit Declaration of B. Wolfangel, #115 Exhibit Declaration of A. Wong, #116 Exhibit Declaration of L. Young, #117 Exhibit Declaration of P. Davenport, #118 Exhibit Declaration of J. Floyd, #119 Exhibit Declaration of M. Locke, #120 Exhibit Declaration of W. Locke, #121 Exhibit Declaration of V. Mason, #122 Exhibit Declaration of V. Miller, #123 Exhibit Declaration of A. Nelson, #124 Exhibit Declaration of L. Soares)(Williams, Roy) |
| Filing 410 MOTION for Leave to Decertify the Conditionally Certified FLSA Class by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 409
ORDER...IT IS HEREBY ORDERED that on or before October 3, 2016, Defendant shall file either a memorandum setting forth additional justification for its motion for page extension or, alternatively, a copy of its proposed brief, so that the Court may decide whether to grant the requested page extension. IT IS FURTHER ORDERED that the Court will continue the deadline for Defendant to file its motion for decertification until the date on which the Court rules on Defendants motion for page extension. (Response to Court due by 10/3/2016.) Signed by District Judge Audrey G. Fleissig on 9/30/2016. (NEB)
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| Filing 408 MOTION for Leave to File in Excess of Page Limitation by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 407
MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendant's motion for sanctions is GRANTED in part and DENIED in part, as set forth above. (Doc. No. #400 .) IT IS FURTHER ORDERED that the claims of opt-in Plaintiffs June Dortch, Ryan McDermott, Adena Martin, Nicholas Stafford, Takella Durham, Chardae Jackson, Kachelle Jones, Ginger Wallace, David DeBaggis, and Kimberly Torgersen are DISMISSED with prejudice. IT IS FURTHER ORDERED that the declarations of Kimberly Torgersen, Ginger Wallace, Chardae Jackson, and David DeBaggis are STRICKEN from the record. IT IS FURTHER ORDERED that Defendant may depose an additional nine opt-in Plaintiffs of its choice. Pursuant to the amended Case Management Order, each such deposition shall not exceed three and a half hours. (Takella D Durham, Chardae Jackson, Kachelle Jones, Adena Martin, Ryan McDermott, Kimberly Torgersen, Ginger Wallace, David A DeBaggis and June Dortch terminated.). Signed by District Judge Audrey G. Fleissig on 9/26/2016. (NEB)
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| Filing 406 REPLY to Response to Motion re #400 MOTION for Sanctions filed by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 405 RESPONSE to Motion re #400 MOTION for Sanctions filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Mark Potashnick Declaration, #2 Exhibit Exhibit 2 - Excerpts from Nov. 16, 2015 Hearing, #3 Exhibit Exhibit 3 - Russell Riggan Declaration, #4 Exhibit Exhibit 4 - William Buchanan Declaration, #5 Exhibit Exhibit 5 - Sam Moore Declaration)(Potashnick, Mark) |
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Filing 404
Docket Text ORDER Re: #403 Consent Motion to Continue Deadline for Disclosure of Rebuttal Expert Disclosure & Report by Plaintiff Penny Davenport; and #402 Motion for Extension of Time to File Memorandum in Opposition to Defendant's Motion for Sanctions (Doc. 400); Proposed extension date August 15, 2016 by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on July 29, 2016. (SAA)
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| Filing 403 Consent MOTION to Continue Deadline for Disclosure of Rebuttal Expert Disclosure & Report by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 402 MOTION for Extension of Time to File ;Extension to file the following: Memorandum in Opposition to Defendant's Motion for Sanctions (Doc. 400) ;Proposed extension date August 15, 2016 by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 401 MEMORANDUM in Support of Motion re #400 MOTION for Sanctions filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Davisson, Tabitha) |
| Filing 400 MOTION for Sanctions by Defendant Charter Communications, LLC. (Davisson, Tabitha) |
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Filing 399
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Strike Plaintiffs' Expert Disclosure of L. Scott Baggett and His Expert Report (Doc. No. #383 ) is DENIED, except as explained herein. IT IS FURTHER ORDERED that Plaintiffs' request for leave to submit an addendum to Dr. L. Scott Baggett's expert report is GRANTED. Such addendum shall be disclosed on or before July 22, 2016. IT IS FURTHER ORDERED that Plaintiffs shall make L. Scott Baggett available for an additional deposition, and have such deposition completed, no later than August 19, 2016. Plaintiffs shall bear the costs and expenses, including Defendant's costs and attorney fees for attendance, for said deposition. IT IS FINALLY ORDERED that Plaintiffs shall submit any spreadsheets supporting the expert opinions of L. Scott Baggett in a native format that demonstrates formulas utilized in the calculations contained therein. Signed by District Judge Audrey G. Fleissig on July 12, 2016. (BRP)
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| Filing 398 REPLY to Response to Motion re #383 MOTION to Strike Expert Disclosure and Report filed by Defendant Charter Communications, LLC. (Godiner, Clifford) |
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Filing 397
Docket Text ORDER Re: #396 Consent Motion for Extension of: Time to Produce Expert Report by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on June 6, 2016. (SAA)
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| Filing 396 Consent MOTION for Extension of: Time to Produce Expert Report by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 395
Docket Text ORDER Re: #394 Consent Motion for Extension of Time to File Response/Reply as to #383 Motion to Strike Expert Disclosure and Report of L. Scott Baggett by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on May 26, 2016. (SAA)
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| Filing 394 Consent MOTION for Extension of Time to File Response/Reply as to #383 MOTION to Strike Expert Disclosure and Report of L. Scott Baggett by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 393 MEMORANDUM in Opposition re #383 MOTION to Strike Expert Disclosure and Report filed by Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(NEB) |
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Filing 392
Docket Text ORDER Re: #391 Motion for Leave to File in Excess of Page Limitation by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on May 24, 2016. (SAA)
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| Filing 391 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Proposed Memorandum in Opposition to Motion to Strike Expert Designation and Report, #2 Exhibit Exhibit 1 - January 8, 2016 Email to Defense Counsel, #3 Exhibit Exhibit 2 - Potashnick Declaration, #4 Exhibit Exhibit 3 - April 21, 2016 Email to Defense Counsel, #5 Exhibit Exhibit 4 - Dr. L. Scott Baggett Deposition Excerpts, #6 Exhibit Exhibit 5 - Defense Counsel's April 19, 2016 Email)(Potashnick, Mark) |
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Filing 390
Docket Text ORDER Re: #389 Motion for Extension of Time to File Response/Reply as to #383 Motion to Strike Expert Disclosure and Report Memorandum in Opposition) by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on May 17, 2016. (SAA)
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| Filing 389 MOTION for Extension of Time to File Response/Reply as to #383 MOTION to Strike Expert Disclosure and Report (Memorandum in Opposition) by Plaintiff Penny Davenport. (Riggan, Russell) |
| Filing 388 MEMORANDUM in Support of Motion re #383 MOTION to Strike Expert Disclosure and Report filed by Defendant Charter Communications, LLC. (NEB) |
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Filing 387
Docket Text ORDER Re: #385 Consent Motion for Extension of Time to File Response/Reply as to #383 Motion to Strike Expert Disclosure and Report by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on April 25, 2016. (SAA)
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Filing 386
Docket Text ORDER Re: #384 Motion for Leave to File in Excess of Page Limitation by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on April 25, 2016. (SAA)
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| Filing 385 Consent MOTION for Extension of Time to File Response/Reply as to #383 MOTION to Strike Expert Disclosure and Report by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 384 MOTION for Leave to File in Excess of Page Limitation by Defendant Charter Communications, LLC. (Attachments: #1 Attachment Memo in Support, #2 Exhibit Notice of Filing Exhibit, #3 Affidavit Godiner Dec., #4 Exhibit Ex. 1 to Godiner Dec., #5 Exhibit Ex. 2 to Godiner Dec., #6 Exhibit Hearing Transcript, #7 Exhibit Bagget 2015 Report and Damage Calculations, #8 Exhibit Baggett's 2016 Addendum, #9 Exhibit Baggett's 2016 Damage Calculation, #10 Exhibit Baggett's Depo)(Jordan, Laura) |
| Filing 383 MOTION to Strike Expert Disclosure and Report by Defendant Charter Communications, LLC. (Jordan, Laura) |
| Filing 382 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: In Chambers Conference held on 4/20/2016. Parties present for telephone conference regarding deposition of opt-in Plaintiff. Defendant permitted to take deposition of fourth opt-in Plaintiff in Louisville. (FTR Gold: No.) (KCB) |
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Filing 381
Docket Text ORDER Re: #380 Joint Motion for Extension of Time Regarding Expert Witness Discovery by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on April 12, 2016. (SAA)
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| Filing 380 Joint MOTION for Extension of: Time Regarding Expert Witness Discovery by Defendant Charter Communications, LLC. (Godiner, Clifford) |
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Filing 379
Docket Text ORDER Re: #378 Motion for Leave to Appear Pro Hac Vice William D. Buchanan by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on April 11, 2016. (SAA)
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| Filing 378 MOTION for Leave to Appear Pro Hac Vice William D. Buchanan. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5349100) by Plaintiff Penny Davenport. (Attachments: #1 Certificate of Good Standing)(Buchanan, William) |
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Filing 377
ORDER : IT IS HEREBY ORDERED that Plaintiffs motion for a protective order regarding the questionnaire is DENIED without prejudice, as moot. (Doc. No. #343 .) Signed by District Judge Audrey G. Fleissig on 02/16/2016. (KCB)
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| Filing 376 STATUS REPORT Concerning Questionnaire (Joint Status Report) by Charter Communications, LLC. (Jordan, Laura) |
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Filing 375
ORDER : IT IS HEREBY ORDERED that on or before February 12, 2016, the parties shall file a status report advising the Court as to the status of the revised questionnaire, if any, that Defendant proposes to submit to the opt-in Plaintiffs. (Response to Court due by 2/12/2016.) Signed by District Judge Audrey G. Fleissig on 02/08/2016. (KCB)
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Filing 374
THIRD AMENDED CASE MANAGEMENT ORDER: (See Order for Complete Details.) (Discovery Completion due by 8/31/2016. Dispositive Motions due by 11/28/2016.) Signed by District Judge Audrey G. Fleissig on 01/27/2016. (KCB)
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Filing 373
ORDER : IT IS HEREBY ORDERED that Plaintiffs Combined Motion to Quash and For Protective Order (Doc. No. #342 ) is DENIED, and Defendants Motion to Amend the Case Management Order (Doc. No. #351 ) is GRANTED in part, as stated in the Courts November 16, 2015 Order. Signed by District Judge Audrey G. Fleissig on 01/20/2016. (KCB)
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| Filing 372 JOINT SCHEDULING PLAN by Defendant Charter Communications, LLC. . (Godiner, Clifford) |
| Filing 371 TRANSCRIPT of #365 (MOTION HEARING) held on NOVEMBER 16, 2015 before Judge AUDREY G. FLEISSIG. Court Reporter/Transcriber Patti Dunn Wecke, Patti_Dunn_Wecke@moed.uscourts.gov, 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 1/13/2016. Redacted Transcript Deadline set for 1/25/2016. Release of Transcript Restriction set for 3/22/2016. (BRP) |
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Filing 370
Docket Text ORDER Re: #369 Joint Motion for Extension of Time to File the following: Updated Questionnaire; Proposed extension date February 2, 2016 by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 7, 2015. (SAA)
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| Filing 369 Joint MOTION for Extension of Time to File ;Extension to file the following: Updated Questionnaire ;Proposed extension date February 2, 2016 by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 368
Docket Text ORDER Re: #367 Joint Motion for Extension of Time to File Updated Questionnaire; Proposed extension date December 4, 2015 by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 24, 2015. (SAA)
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| Filing 367 Joint MOTION for Extension of Time to File Updated Questionnaire ;Proposed extension date December 4, 2015 by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 366
ORDER... IT IS HEREBY ORDERED that the parties shall confer and shall jointly submit a revised questionnaire within seven (7) days of this Order. The revised questionnaire shall incorporate the guidance of the Court as expressed during oral argument. IT IS FURTHER ORDERED that the Case Management Orders (Doc. No. #87 ) limitation on depositions shall be amended as follows: Each side may take the depositions of up to four (4) opt-in Plaintiffs of its choice from each of the eight call centers at issue in this case, taking into account those opt-in Plaintiffs already deposed. Each deposition shall not exceed three and a half hours. IT IS FURTHER ORDERED that the parties shall confer and attempt to reach agreement with respect to a schedule for disclosure of trial witnesses and a schedule for making such witnesses available to the other side for deposition. Signed by District Judge Audrey G. Fleissig on 11/16/2015. (NEB)
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| Filing 365 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Oral Argument held on 11/16/2015. Parties present for an Oral Argument. Arguments for both parties presented and heard. Order to issue. (Court Reporter:P. Dunn Wecke.) (FTR Gold: No.) (KCB) |
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Filing 364
ORDER: IT IS HEREBY ORDERED that Defendant's request for oral argument is GRANTED. (Doc. No. #362 .) Oral argument will be heard on Doc. Nos. 342, 343 & 351, on Monday, November 16, 2015 at 10:00 a.m. Each party shall have 15 minutes for argument. (Motion Hearing set for 11/16/2015 10:00 AM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on October 20, 2015. (BRP)
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| Filing 363 REPLY to Response to Motion re #351 MOTION to Amend/Correct #87 Case Management Order, filed by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 362 MOTION for Hearing Request for Oral Argument by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 361
Docket Text ORDER Re: #359 Motion for Leave to File in Excess of Page Limitation Plaintiff's Motion for Leave to File Reply Brief in Excess of Page Limitation by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 13, 2015. (SAA)
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| Filing 360 MEMORANDUM in Support of Motion re #342 MOTION to Quash Plaintiffs' Combined Motion to Quash and for Protective Order and Memorandum in Support Thereof, #343 MOTION for Protective Order Regarding Charter's Reqeust for Class-Wide Discovery Combined Reply Memo in Support of Plaintiffs' Combined Motion to Quash and for Protective Order, and Plaintiffs' Motion for Protective Order Regarding Defendant's Proposed Class-Wide Discovery filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Riggan, Russell) |
| Filing 359 MOTION for Leave to File in Excess of Page Limitation Plaintiff's Motion for Leave to File Reply Brief in Excess of Page Limitation by Plaintiff Penny Davenport. (Riggan, Russell) |
| Filing 358 MEMORANDUM in Opposition re #351 MOTION to Amend/Correct #87 Case Management Order, Plaintiff's Memorandum in Opposition to Defendant's Motion to Amend the Case Management Order filed by Plaintiff Penny Davenport. (Riggan, Russell) |
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Filing 357
Docket Text ORDER Re: #356 Motion for Extension of Time to File Response/Reply Plaintiffs' Unopposed Motion for Extension of Time by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on September 29, 2015. (SAA)
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| Filing 356 MOTION for Extension of Time to File Response/Reply Plaintiffs' Unopposed Motion for Extension of Time by Plaintiff Penny Davenport. (Riggan, Russell) |
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Filing 355
Docket Text ORDER Re: #354 Consent Motion to Continue Deadlines by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on September 25, 2015. (SAA)
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| Filing 354 Consent MOTION to Continue Deadlines by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 353 ENTRY of Appearance by Lee W. Barron for Plaintiff Penny Davenport. (Barron, Lee) |
| Filing 352 MEMORANDUM in Opposition re #342 MOTION to Quash Plaintiffs' Combined Motion to Quash and for Protective Order and Memorandum in Support Thereof, #343 MOTION for Protective Order Regarding Charter's Reqeust for Class-Wide Discovery filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit 1: Declaration of E. Arnold, #2 Exhibit 2: Gandhi v. Dell Inc.)(Williams, Roy) |
| Filing 351 MOTION to Amend/Correct #87 Case Management Order, by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 350 MEMORANDUM in Support of Motion re #342 MOTION to Quash Plaintiffs' Combined Motion to Quash and for Protective Order and Memorandum in Support Thereof Supplemental Memorandum filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5)(Riggan, Russell) |
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Filing 349
ORDER IT IS HEREBY ORDERED that Defendant's motion (Doc. No. #339 ) for partial summary judgment is GRANTED as follows. Plaintiff James Rachal's claim is DISMISSED without prejudice, and the following Plaintiffs' claims are DISMISSED with prejudice: (see order for details) Signed by District Judge Audrey G. Fleissig on 09/14/2015. (KCB)
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| Filing 348 STIPULATION re #339 MOTION for Partial Summary Judgment Related to 16 Plaintiffs by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 347
Docket Text ORDER Re: #345 Motion for Leave to File Sealed Document by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on September 10, 2015. (SAA)
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| Filing 346 SEALED DOCUMENT re #344 Memorandum in Support of Motion,,,, #345 MOTION for Leave to File Sealed Document by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 7 - Excerpt from Charter's Spreadsheet of Managers, #2 Exhibit Exhibit 8 - Sample Time Clock Record, #3 Exhibit Exhibit 12 - Sample Employment Evaluations)(Potashnick, Mark) |
| Filing 345 MOTION for Leave to File Sealed Document by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 344 MEMORANDUM in Support of Motion re #343 MOTION for Protective Order Regarding Charter's Reqeust for Class-Wide Discovery filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Charter's Proposed Questionnaire, #2 Exhibit Exhibit 2 - Qusetionnaire Approved in Rikard v. US Auto Protection, #3 Exhibit Exhibit 3 - Questionnaire Approved in Bass v. PJCOMN Acq. Corp., #4 Exhibit Exhibit 4 - Rikard v. U.S. Auto Protection Hearing Transcript, #5 Exhibit Exhibit 5 - Proposed Questionnaire in Crawford v. Professional Transport Inc., #6 Exhibit Exhibit 6 - Magistrate's Order in Crawford v. Professional Transport, Inc., #7 Exhibit Exhibit 7 (Placeholder) - Excerpt from Charter's Speadsheet of Managers, #8 Exhibit Exhibit 8 (Placeholder) - Sample Clock Punch Record, #9 Exhibit Exhibit 9 - Dockins Depo Excerpt, #10 Exhibit Exhibit 10 - Glazebrook Depo Excerpt, #11 Exhibit Ex. 11 - Filbert Depo Exceprt, #12 Exhibit Exhibit 12 (Placeholder) - Sample Employee Evaluation Forms)(Potashnick, Mark) |
| Filing 343 MOTION for Protective Order Regarding Charter's Reqeust for Class-Wide Discovery by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 342 MOTION to Quash Plaintiffs' Combined Motion to Quash and for Protective Order and Memorandum in Support Thereof by Plaintiff Penny Davenport. (Riggan, Russell) |
| Filing 341 MEMORANDUM in Support of Motion re #339 MOTION for Partial Summary Judgment Related to 16 Plaintiffs filed by Defendant Charter Communications, LLC. (Godiner, Clifford) |
| Filing 340 STATEMENT of Material Facts re #339 MOTION for Partial Summary Judgment Related to 16 Plaintiffs filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit Ex. A: Declaration of Kim Glazebrook)(Godiner, Clifford) |
| Filing 339 MOTION for Partial Summary Judgment Related to 16 Plaintiffs by Defendant Charter Communications, LLC. (Godiner, Clifford) |
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Filing 338
SECOND AMENDED CASE MANAGEMENT ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion to extend the deadlines set in the Amended Case Management Order (Doc. No. #337 ) is GRANTED, as set forth herein: (See Order for Complete Details) IT IS FURTHER ORDERED that no further extensions of the deadlines set forth herein shall be granted, except for extreme good cause. IT IS FURTHER ORDERED that the Court shall hold a status conference to schedule a trial date after the ruling on the motion to decertify. Except as amended herein, the Case Management Order previously entered by the Court, as amended, shall remain unchanged. ( Discovery Completion due by 3/29/2016.) Signed by District Judge Audrey G. Fleissig on 7/21/2015. (NEB)
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| Filing 337 MOTION to Continue Remaining Deadlines, Including August 3, 2015 Deadline for Plaintiffs' Expert Witness Disclosures by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 336 ENTRY of Appearance by Jennifer A. Baumann for Defendant Charter Communications, LLC. (Baumann, Jennifer) |
| Filing 335 NOTICE Withdrawal of Consent Fom: by Plaintiff Penny Davenport (Potashnick, Mark) |
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Filing 334
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motion to compel is DENIED. (Doc. No. 329.) Signed by District Judge Audrey G. Fleissig on March 20, 2015. (BRP)
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Filing 333
Docket Text ORDER Re: #332 Motion for Leave to Withdraw Plaintiffs' Motion for Contempt for Failure to Comply with Court's Discovery Order by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 6, 2015. (SAA)
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| Filing 332 MOTION for Leave to WITHDRAW PLAINTIFFS MOTION FOR CONTEMPT FOR FAILURE TO COMPLY WITH COURTS DISCOVERY ORDER by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 331 WITHDRAWN MOTION for Contempt by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Feb. 6, 2015 Email, #2 Exhibit Exhibit 2 - Feb. 6, 2015 Email, #3 Exhibit Exhibit 3 - Feb. 12, 2015 Email, #4 Exhibit Exhibit 4 - Feb. 23, 2015 Email, #5 Exhibit Exhibit - Feb. 25, 2015 Email, #6 Exhibit Exhibit 6 - Charter's 2014 Year End Balance Sheet)(Potashnick, Mark) Modified on 3/9/2015 (JWJ). |
| Filing 330 REPLY to Response to Motion re #326 MOTION to Compel Plaintiffs Combined Motion to Compel and Memo in Support Thereof filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 9)(Potashnick, Mark) |
| Filing 329 RESPONSE in Opposition re #326 MOTION to Compel Plaintiffs Combined Motion to Compel and Memo in Support Thereof filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit 1)(Davisson, Tabitha) |
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Filing 328
ORDER... IT IS HEREBY ORDERED that Defendant's motion to strike the late consent form is DENIED. (Doc. No. #322 .) The Court will deem the late consent form (Doc. No. 317-1) to be filed with leave of Court. Signed by District Judge Audrey G. Fleissig on 2/10/2015. (NEB)
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Filing 327
AMENDED CASE MANAGEMENT ORDER This case is assigned to Track: 3 (Complex).(Discovery Completion due by 1/29/2016.) SEE ORDER FOR DETAILS. Signed by District Judge Audrey G. Fleissig on February 3, 2015. (BRP)
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| ***REMARK regarding Motion #326 : The use of an attorney's electronic filing login and password to file a pleading, motion, memorandum or other document constitutes the signature of that attorney on that document for all purposes, including Fed.R.Civ.P. 11. (See Local Rule 11-2.11 located on the court website.) (NEB) |
| Filing 326 MOTION to Compel Plaintiffs Combined Motion to Compel and Memo in Support Thereof by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8)(Riggan, Russell) |
| Filing 325 REPLY to Response to Motion re #322 MOTION to Strike #317 Notice (Other), filed by Defendant Charter Communications, LLC. (Attachments: #1 Declaration of R. Nelson Williams)(Williams, Roy) |
| Filing 324 Joint MOTION to Amend/Correct #321 Memorandum & Order,,,,, Joint Motion to Amend Case Management Order by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Proposed Amended CMO)(Riggan, Russell) |
| Filing 323 RESPONSE in Opposition re #322 MOTION to Strike #317 Notice (Other), filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 322 MOTION to Strike #317 Notice (Other), by Defendant Charter Communications, LLC. (Attachments: #1 Memorandum in Support)(Williams, Roy) |
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Filing 321
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to stay briefing on Defendant's decertification motion, or alternatively to deny Defendant's decertification motion as premature is GRANTED. (Doc. No. #305 .) IT IS FURTHER ORDERED that Defendant's motion to decertify the conditionally certified FLSA class is DENIED without prejudice. (Doc. No. #302 .) Defendant may refile this motion after the close of discovery. IT IS FURTHER ORDERED that Defendant's motion to stay discovery is DENIED. (Doc. No. #307 .) IT IS FURTHER ORDERED that Plaintiffs' motion to compel is GRANTED. (Doc. No. #308 .) Defendant shall have until February 13, 2015 to produce the following: (SEE ORDER). IT IS FURTHER ORDERED that on or before January 23, 2015, the parties shall file a joint motion to amend the case management order, attaching a proposed amended case management order setting forth proposed deadlines for the remainder of these proceedings. IT IS FURTHER ORDERED that Plaintiffs' motion to extend expert deadlines is DENIED as moot, without prejudice to including the requested extension in the joint motion to amend the case management order as discussed above. (Doc. No. #320 .) (Response to Court due by 1/23/2015.) Signed by District Judge Audrey G. Fleissig on January 13, 2015. (BRP)
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| Filing 320 MOTION for Extension of: Expert Disclosure Deadline by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Plaintiffs Third Request for Production, #2 Exhibit Exhibit 2 - November 10, 2014 Emails Between Counsel, #3 Exhibit Exhibit 3 - December 16, 2014 Email to Defense Counsel, #4 Exhibit Exhibit 4 - January 2, 2015 Email to Defense Counsel, #5 Exhibit Exhibit 5 - January 8, 2015 Email to Defense Counsel, #6 Exhibit Exhibit 6 - January 11, 2015 Email to Defense Counsel)(Potashnick, Mark) |
| Filing 319 SUPPLEMENTAL re #308 MOTION to Compel Defendant to Produce Prepared R30(b)(6) Deponents and Documents by Plaintiff Penny Davenport. (Attachments: #1 Exhibit 1-Charter's Second Supplemental Rule 26(a)(1) Disclosures)(BRP) |
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Filing 318
Docket Text ORDER Re: #316 Motion for Leave to Supplement, Motion for Leave to File Supplement to Plaintiffs' Motion to Compel Rule 30(b)(6) Depositions and Document Production by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on January 6, 2015. (SAA)
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| Filing 317 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Donald P. Stewart (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) (Attachment 1 replaced with redacted exhibit at the request of counsel on 1/5/2015. ) (BRP). Modified on 1/5/2015 (BRP). |
| Filing 316 MOTION for Leave to Supplement , MOTION for Leave to File Supplement to Plaintiffs' Motion to Compel Rule 30(b)(6) Depositions and Document Production by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Proposed Supplement to Motion to Compel, #2 Exhibit Exhibit 1 to Proposed Supplement - Charter's Second Supplemental Rule 26(a)(1) Disclosures)(Potashnick, Mark) Modified on 1/5/2015 to change motion type(JWJ). |
| Filing 315 REPLY to Motion re #308 MOTION to Compel Defendant to Produce Prepared R30(b)(6) Deponents and Documents Plaintiffs' Reply Memorandum in Support of their Combined Motion to Compel Rule 30(b)(6) Deposition and Document Production and Memo in Support Thereof filed by Plaintiff Penny Davenport. (Riggan, Russell) Modified docket text on 12/19/2014 (NEB). |
| Filing 314 DOCUMENT FILED IN ERROR, SEE DOCUMENT #315 FOR CORRECT DOCUMENT. RESPONSE to Motion re #305 MOTION to Stay re #302 MOTION for Leave to Decertify Conditionally Certified FLSA Class [PLAINTIFFS COMBINED MOTION TO STAY BRIEFING ON DEFENDANTS MOTION TO DECERTIFY CONDITIONALLY CERTIFIED FLSA CLASS, AND MEMORANDUM IN SUPPORT THE Plaintiffs' Reply Memo in Support of their Combined Motion to Compel Rule 30 (b)(6) Deposition and Document Production and Memo in Support Thereof filed by Plaintiff Penny Davenport. (Riggan, Russell) Spoke to Attorney Riggan's office today regarding duplicate filing, modified docket text on 12/19/2014 (NEB). |
| Filing 313 REPLY to Response to Motion re #307 MOTION to Stay Discovery filed by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 312 REPLY to Response to Motion re #305 MOTION to Stay re #302 MOTION for Leave to Decertify Conditionally Certified FLSA Class [PLAINTIFFS COMBINED MOTION TO STAY BRIEFING ON DEFENDANTS MOTION TO DECERTIFY CONDITIONALLY CERTIFIED FLSA CLASS, AND MEMORANDUM IN SUPPORT THE filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 311 RESPONSE in Opposition re #308 MOTION to Compel Defendant to Produce Prepared R30(b)(6) Deponents and Documents filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit A: Declaration of R. Nelson Williams)(Williams, Roy) |
| Filing 310 RESPONSE to Motion re #307 MOTION to Stay Discovery filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibits - Sample Declartion from Each Call Center)(Potashnick, Mark) |
| Filing 309 RESPONSE in Opposition re #305 MOTION to Stay re #302 MOTION for Leave to Decertify Conditionally Certified FLSA Class [PLAINTIFFS COMBINED MOTION TO STAY BRIEFING ON DEFENDANTS MOTION TO DECERTIFY CONDITIONALLY CERTIFIED FLSA CLASS, AND MEMORANDUM IN SUPPORT THE filed by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 308 MOTION to Compel Defendant to Produce Prepared R30(b)(6) Deponents and Documents by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Deposition Excerpts, #2 Exhibit Exhibit 2 - Nov. 23, 2014 Email, #3 Exhibit Exhibit 3 - Plaintiffs' First Reqeust for Production)(Potashnick, Mark) |
| Filing 307 MOTION to Stay Discovery by Defendant Charter Communications, LLC. (Jordan, Laura) |
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Filing 306
Docket Text ORDER Re: #300 Motion for Extension of Time to Respond to Discovery by Defendant Charter Communications, LLC; ORDERED GRANTED, no opposition having been filed by Plaintiffs. Signed by District Judge Audrey G. Fleissig on November 24, 2014. (SAA)
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| Filing 305 MOTION to Stay re #302 MOTION for Leave to Decertify Conditionally Certified FLSA Class [PLAINTIFFS COMBINED MOTION TO STAY BRIEFING ON DEFENDANTS MOTION TO DECERTIFY CONDITIONALLY CERTIFIED FLSA CLASS, AND MEMORANDUM IN SUPPORT THEREOF] by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - September 16, 2012 Email, #2 Exhibit Exhibit 2 - November 9, 2012 Email, #3 Exhibit Exhibit 3 - Rule 30(b)(6) Deposition Notice, #4 Exhibit Exhibit 4 - Defendant's January 30, 2013 Letter, #5 Exhibit Exhbiit 5 - February 6, 2013 Emails, #6 Exhibit Exhibit 6 - Rule 30(b)(6) Deposition Excerpt, #7 Exhibit Exhibit 7 - April8, 2013 Discovery Dispute Email, #8 Exhibit Exhibit 8 - 4/29/13 Discovery Dispute Email, #9 Exhibit Exhibit 9 - June 21, 2013 Email, #10 Exhibit Exhibit 10 - August 14, 2013 Email, #11 Exhibit Exhibit 11 - September 16, 2013 Email, #12 Exhibit Exhibit 12 - September 27, 2013 Email, #13 Exhibit Exhibit 13 - "Supplement to Deposition Testimony", #14 Exhibit Exhibit 14 - November 26, 2013 Email, #15 Exhibit Exhibit 15 - December 12, 2013 Email, #16 Exhibit Exhibit 16 - April 7, 2014 Email, #17 Exhibit Exhibit 17 - July 3, 2014 Email, #18 Exhibit Exhibit 18 - November 17, 2014 Email, #19 Exhibit Exhibit 19 - Plaintiffs' Third Request for Production, #20 Exhibit Exhibit 20 - November 10, 2014 Emails)(Potashnick, Mark) |
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Filing 304
Docket Text ORDER Re: #301 Motion for Leave to File in Excess of Page Limitation by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 14, 2014. (SAA)
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| Filing 303 MEMORANDUM in Support of Motion re #302 MOTION for Leave to Decertify Conditionally Certified FLSA Class filed by Defendant Charter Communications, LLC. (Attachments: #1 Excerpts of Deposition of A. Nelson, #2 Excerpts of Deposition of R. Poteet, #3 Excerpts of Deposition of M. Locke, #4 Excerpts of Deposition of P. Davenport, #5 Excerpts of Deposition of V. Miller)(Williams, Roy) |
| Filing 302 MOTION for Leave to Decertify Conditionally Certified FLSA Class by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 301 MOTION for Leave to File in Excess of Page Limitation by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 300 MOTION for Extension of: Time to Respond to Discovery by Defendant Charter Communications, LLC. (Davisson, Tabitha) |
| Filing 299 NOTICE of Filing Consents to Become Parties Plaintiffs by Plaintiffs Dustin Allan Adamson, Andres Amador, Stephanie L Bettinger, Stephanie Browning, Dawn Clemence, Katrina Craig, Takella D Durham, Jamie B Gibson, Sabrina Goebel, Kimberly Hall, David Hoiem, Suncre J James, Henrietta Jenkins, Kevin Keene, Adena Martin, Latoryah McGough, Christopher Nash, Pamela Ralph-Durham, Timothy Roppel, Chio Saelee, Martin Sheler, Linda J Soares, Thomas Steele, Jonathan David Thoreson (BRP) |
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Filing 298
ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to accept late consent forms is GRANTED. (Doc. No. #291 .) IT IS FURTHER ORDERED that the Clerk of Court shall detach Doc. No. 291-1 and file it separately in the docket. Signed by District Judge Audrey G. Fleissig on October 17, 2014. (BRP)
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| Filing 297 REPLY to Response to Motion re #291 MOTION for Leave to File Limited Number of Consent Forms After Court's Deadline filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 296 RESPONSE in Opposition re #291 MOTION for Leave to File Limited Number of Consent Forms After Court's Deadline filed by Defendant Charter Communications, LLC. (Williams, Roy) |
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Filing 295
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' motion to certify a question of law to the Kentucky Supreme Court is DENIED. (Doc. No. 230.) Signed by District Judge Audrey G. Fleissig on 10/6/2014. (NCL)
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Filing 294
MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion to strike is DENIED. (Doc. No. #165 .) IT IS FURTHER ORDERED that Plaintiffs' motion to certify Counts II through V (Missouri Claims) of the first amended complaint as a class action is DENIED. (Doc. No. #140 .) Signed by District Judge Audrey G. Fleissig on 9/30/2014. (NEB)
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| Filing 293 DECLARATION filed by Defendant Charter Communications, LLC re #290 Reply to Response to Motion . (Davisson, Tabitha) |
| Filing 292 EXHIBIT E filed in Physical Format (CD Format) and will be maintained in the Clerk's Office File Room by Defendant Charter Communications, LLC.. (NCL) |
| Filing 291 MOTION for Leave to File Limited Number of Consent Forms After Court's Deadline by Plaintiffs Dustin Allan Adamson, Andres Amador, Stephanie L Bettinger, Stephanie Browning, Dawn Clemence, Katrina Craig, Takella D Durham, Jamie B Gibson, Sabrina Goebel, Kimberly Hall, David Hoiem, Suncre J James, Henrietta Jenkins, Kevin Keene, Adena Martin, Latoryah McGough, Christopher Nash, Pamela Ralph-Durham, Timothy Roppel, Chio Saelee, Martin Sheler, Linda J Soares, Alexandra Steele, Thomas Steele, Jonathan David Thoreson. (Attachments: #1 Exhibit Exhibit 1 - Proposed Consent Filing, #2 Exhibit Exhibit 2 - Note from Prospective Opt-in Plaintiff, #3 Exhibit Exhibit 3 - Excerpts from Perrin v. Papa John's Hearing, #4 Exhibit Exhibit 4 - Joint Status Report and Consent Motion in Perrin v. Papa John's, #5 Exhibit Exhibit 5 - Docket Text Order in Perrin v. Papa John's)(Potashnick, Mark) |
| Filing 290 REPLY to Response to Motion re #140 MOTION to Certify Class [PLAINTIFFS REPLY TO CHARTERS RESPONSE TO PLAINTIFFS NOTICE OF NEWLY-DISCOVERED EVIDENCE] filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 289 RESPONSE to Motion re #250 MOTION for Leave to File Notice of Newly-Discovered Evidence filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Davisson, Tabitha) |
| Filing 288 MEMORANDUM to the Court Regarding Plaintiff's re #249 MOTION for Leave to File Citation of New Authority filed by Defendant Charter Communications, LLC. (Davisson, Tabitha) Modified docket text on 9/29/2014 (NCL). |
| Filing 287 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Maria Nelson, Jacqueline Nesby (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 286 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Amber Arnold, A'Kehaila Brown, Dawn Christ, Demetrious Cruell, Carmen E Drew, Eric Endejan, Thurman Henry James, Vanessa Leonard, Larkiel Lewis, Jeannette Loera, John Martinez, Henry J Ostby, Carrie STrand, Morgan Senlling, Ron VanderMolen, Tamara Faias Walter, Lacie Wenthold, Rose White (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 285
Docket Text ORDER Re: #282 Consent Motion for Extension of: COMBINED CONSENT MOTION TO EXTEND THE OPT-IN DEADLINE FOR 156 PUTATIVE CLASS MEMBERS, AND MEMORANDUM IN SUPPORT THEREOF by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on September 22, 2014. (SAA)
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| Filing 284 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Michael Agwu, Jason Andrews, Jason Cann, Amy Kathleen Griffin, Andrew S Ludvik, Hope Reynolds (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 283 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Jesse Belvin, Billy Bryant, Violet Carter, Danielle Corre, Travis Dillard, Tempestt Finch, Latitia Fox, Charlie R Jones, Lance J Kikkert, Sheena Lehman, Susan Kathleen Nagle, Theodore Quiney, Patricia M Roy, Bradley Turner, Josh Winkleplech (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 282 Consent MOTION for Extension of: [COMBINED CONSENT MOTION TO EXTEND THE OPT-IN DEADLINE FOR 156 PUTATIVE CLASS MEMBERS, AND MEMORANDUM IN SUPPORT THEREOF] by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 281
ORDER IT IS HEREBY ORDERED that Defendant's motion for extension of time is GRANTED in part and DENIED in part. (Doc. No. 279.) Defendant shall have an additional week, up to and including September 26, 2014, to file a response to Plaintiffs' notice of newly-discovered evidence. IT IS FURTHER ORDERED that Plaintiffs shall have until the close of business on September 29, 2014 to file a reply, if any, to Defendant's response to Plaintiffs' notice of newly-discovered evidence. (Response to Court due by 9/26/2014.) Signed by District Judge Audrey G. Fleissig on 9/19/2014. (NCL)
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| Filing 280 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Christopher Edmonds, Bryan A Henderson, Cathy A Huseby, Jennifer Ollivierre, Halei B Paige, Charity Schappell, Micah Sims (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 279 Consent MOTION for Extension of Time to File Response/Reply as to #270 Order on Motion for Leave to, by Defendant Charter Communications, LLC. (Jordan, Laura) |
| Filing 278 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs AnQuinette Brandon, Terron J Carter, Elizabeth Dentis, Danan Sr. Jordan, Charles J Kellems, Kimberly F Marcum, Matt Olivier, Kimberly S Padgett, Ruth C. Roy, Kenji B Sande, Matthew Murray Smith, Rebecca Ann Ballard Waters (Attachments: #1 Exhibit Exhibit 1 - Cosnents to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 277
ORDER IT IS HEREBY ORDERED that Plaintiffs corrected motion for leave to substitute the signed consent form of opt-in plaintiff Mary Keener is GRANTED. (Doc. No. 257.) IT IS FURTHER ORDERED that Plaintiffs motion for leave to file the consent form of Plaintiff Doe 1 is GRANTED. (Doc. No. 254.) The statute of limitations for Plaintiff Doe 1s FLSA claim shall be tolled until such time as Plaintiffs identify and substitute Doe 1 by name. Signed by District Judge Audrey G. Fleissig on 9/16/14. (JWJ)
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| Filing 276 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Anthony Galczak, Jamie Steger, Vonnie S. Mackeiwicz Urich, Patrick Ziegler (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 275 NOTICE Filing Consents to Join FLSA Collectie Action: by Plaintiffs Nicole Alexander, Rachael Nateycia Bailey, Takeila Bland, Steven Bocanegra, Stephanie Bradford, Marquetisha Curry, Andrea E Doss-McManamy, Rebecca D Emmons, Jodie Gooding, Noel L Henry, Julia Higgins, Cory Kroening, Traci Lisonbee, Brittany A Lyons, Ivan A Malizio, Bonnie Nannini, Danika Newland, Jason Norton, Ellen Planks, Phil J Rodriguez, Stephanie A Roy, Mary Elizabeth Seitl, Sean Thornton, Keisha N Tinsley, Kimberly Torgersen, Steven W Weideman, Rayviena Whitfield, Deana Williams, Amber Woychik (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 274
Docket Text ORDER Re: #273 Joint Motion to Continue Expert Deadlines by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on September 15, 2014. (SAA)
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| Filing 273 Joint MOTION to Continue Expert Deadlines by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 272 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Jose Arellano, Steffanie Brewer, Armetrice Campbell, Joy Colborn, Marsha Cousins, Marvin III E Hobson, Jeremy LaFave, Crystal LaFollette, Samantha J Mocco, Eric Myers, Cheryl Roadway, Christine Scott, Carrie Shimkus (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 271 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Lori Bailey, Phillip B Boniello, Jasmine Britt, Bonnie M Cohen, Korrine C Congos, Brenda S. Sanders Dobson, Jeff Scott Fairchild, Robyn L Gartman, Marcus A Hairston, Anastasia Hampton, Erica Huskey, Kherriece Jenkins, Anthony W Klug, Hank Lamlech, Michelle L LeVasseur, Andrew Noto, Lois A Perdew, Sloan T Smart, Holly Wheatley, Mistie Yeager (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 270
ORDER IT IS HEREBY ORDERED that Plaintiffs motion for leave to file notice of newlydiscovered evidence is GRANTED. (Doc. No. 250.) IT IS FURTHER ORDERED that Defendant shall have up to and including September 19, 2014 to file a response to Plaintiffs notice of newly-discovered evidence. granting #250 Motion for Leave to Signed by District Judge Audrey G. Fleissig on 9/12/14. (JWJ)
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| Filing 269 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Claudia Alaniz, Aeisha Anderson, Victoria L. Willis App, Jill Beattie, Paul A Bierod, Troy Broadrick, Serena L Fennell, Sonya Geter, Brian J Jessup, Rebecca Kasinger, Thomas G McKelvey, Jon Tompkin, Linda Watters (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 268 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Sean Bolin, Pamela Buyense, Alysha Drees, Scott Haas, Jasmine M Johnson, Ashley Kuss, Jennifer Lange, Candice L Lawens, Eric Lee, Brandon Loos, Caleena Reed, Diane Rice, Stephanie Sherman (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 267 JUDGMENT of USCA USCA Appeal #: 14-8017 (JWJ) |
| Filing 266 MANDATE of USCA USCA Appeal #: 14-8017 (JWJ) |
| Filing 265 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Kris Bowe, Erin M Broyles, Edward Jr. Gregory Burkey, Danitza T Carranza, Chametra Fishburne, Mark J Grabowski, Amber Marie Hadley, Lateef Haskins, Justin Hohenstern, RayTerica Rush, Ynetta Tabb, Robert H Travis (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 264 REPLY to Response to Motion re #230 MOTION for Relief PLAINTIFFS COMBINED MOTION TO CERTIFY QUESTION OF LAW TO THE KENTUCKY SUPREME COURT, AND MEMORANDUM IN SUPPORT THEREOF filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 263 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Jacquelyn R Brown, Carol A Carter, Sarah Curtis, Jessica Druet, Jennifer Langs Fernandez, Corey Gardner, Sabrena Goff, Jimmy Jr. Guy Howard, Amanda Hynes-Lewandowski, Josh Lucas, Tina Manderscheid, Jared McCune, Jacob McLain, Elizabeth M Meyer, Barbara A Morehouse, Jodie E Pederson, Ashley Pierce, Michael Prath, Jennifer Rioux, Jason Ross, Nicole L Sudinski, Byron D Thomas, Ashley Thrasher, Michelle Walma, Kelli Wold (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 262 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Nicholas Grant, Chardae Jackson, Josie J Jimenez, Ron A Mayhall, Stacey McDowell, Andra L Meyers, Shawn Potter (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 261 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Christopher E Blunk, Reegan Bronkhorst, Herman Gerran, Justin Jensen, Angela Ledbetter, John Christopher Miller, Nick Niebuhr, Paula M Peterson (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 260
ORDER...IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to File Citation of New Authority (Doc No. #249 ) is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to Withdraw Motion to Substitute Consent Form (Doc. No. #256 ) is GRANTED. IT IS FURTHER ORDERED that in light of Doc. No. #256 , Plaintiff's Motion for Leave to Substitute Consent Form (Doc No. #255 ) is deemed withdrawn. Signed by District Judge Audrey G. Fleissig on 9/5/2014. (NEB)
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| Filing 259 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Joi Barnes, Cassie Bos, Sofia Castellanos, Shane Copeland, Chris Essling, David R Habenstein, Lachelle Jernigan, Brittany Thomas, Clara Wilson (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 258
Docket Text ORDER Re: #252 Motiom for Extension of Time to File Response/Reply by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on September 4, 2014. (SAA)
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| Filing 257 MOTION for Leave to [Corrected Motion] Substitute Consent to Join Form by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 256 MOTION for Leave to Withdraw Motion to Substitute Consent Form by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 255 WITHDRAWN MOTION for Leave to Substitute Consent Form by Plaintiff Mary Keener. (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) Modified on 9/5/2014 (NEB). |
| Filing 254 MOTION for Leave to File Consent Form on Behalf of Plaintiff Doe 1 and for Tolling by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 253 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Arthur Deleon (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 252 MOTION for Extension of Time to File Response/Reply by Plaintiff Penny Davenport. (Riggan, Russell) |
| Filing 251 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Sylvia Barajas, Charise Colquitt, Casi Cooper, Stephen Cooper, Phyllis Darnell, Edward Ford, Ashley C Forrest, Diane Guyton, Nichole Hardy, Cynthia D Jones, Tracy L Louis, Lacey Mackey, Thaisa CL Rantanen, Jackey Sibley, Leah Thompson, Matthew Joseph Thompson, Sarah C Vance, Angela Woods, Kheesha Wright (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 250 MOTION for Leave to File Notice of Newly-Discovered Evidence by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Proposed Notice of Newly-Discovered Evidence, #2 Exhibit Exhibit 1 to Proposed Notice - New Declaration, #3 Exhibit Exhibit 2 to Proposed Notice - New Declaration)(Potashnick, Mark) |
| Filing 249 MOTION for Leave to File Citation of New Authority by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Proposed Citation of New Authority)(Potashnick, Mark) |
| Filing 248 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Craig R Cleborne, Nicole Gotsch, Lakesha Mackey, Isaha Rhodes, Brian Adam Rzepiejewski, Debra Simmonds, Ashley Thrasher (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 247 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Angela M Alves, Rekeshia Berry, Lois J Bristol, Todd A Coyer, Jane E Jones-Waddle, Brittany Owens, Julie Pezzarossi, Lindsey Sherman, Kendra Shuford (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 246 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Adrian Barkley, Claude Bowens, Michele Hartman, Richard Jr. Amos Hendrickson, Nicholas Holtan, Maria D Jasmin, Steven Johnson, Anne McKenzie, Evelyn Moore, Scott Schroeder, Wayne D Shemwell, Courtney Southard, Anthony Street, Diana E Swan, Stephanie Wilson (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 245 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Mary Keener, Charity Powell, Dawn J Wilson (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 244 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Carlton Austin, Richard Green, Oscar F Maisonet-Galiano (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 243 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Amy R Bower, Tiffany Gathof, Melissa Jenkins, Steven Kearfott, Steven Lizotte, Timothy J Loesch, Valerie L Mason, Ben McSpadden, Fredrick F Moore, Trezenda Moran, Angela Owen, Brenda G Pickens, Latwaina Pyles, Peggy L Salamone, Veronica Wagner, Gabriel Shane Walsh (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 242 MEMORANDUM in Opposition re #230 MOTION for Relief PLAINTIFFS COMBINED MOTION TO CERTIFY QUESTION OF LAW TO THE KENTUCKY SUPREME COURT, AND MEMORANDUM IN SUPPORT THEREOF filed by Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 241 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Thomas L Anthony, John III J Dukarski, Robert E Goss, Jason Harmsen, Katherine C Jordan, Evangeline Kuhn, Jessica Laber, Steve II Mandell, Lanikka C Riddock, Leslie Stanfield, Patrick Tarpley (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 240 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Dawn M Brandenburg, Roger J Buffum, Shawna M Captain, Samuel Chuunga, Diana Concepcion, Vicky Farmer, Ashley Heaps, Brandon Jessie, Stafford Nicholas, Ashley A Torbeck, Melanie Trayler (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 239 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Richard Bryant, Sarah E Carlson, Janet Lee Carrow, Meggan Evans, Virginia Halbleib-Bryant, Kenneth W Henson, Kathy Jackson, Lisa M Kolenda, Brittney Love, Kevin D Lyseth, Jennifer Riney, Rebecca R Rogers, Shawna Wagner (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 238 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing/Oral Argument held on 8/20/2014 re #165 MOTION to Strike [ #140 MOTION to Certify Class filed by Penny Davenport. The Court hears from the parties on the plaintiffs' motion. The Court takes the motions under submission. Order to issue. (Court Reporter:Angela Daley.) (FTR Gold: No.) (NCL) |
| Filing 237 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Linda M Bennett, Kiala Crawford, Jeremy Harbolt, Lisa Saylor, Lamond Sykes, Ginger Wallace (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 236 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Cory Barrow, Jerre L Brown, Rayshawn Cartr, Sarah Rogalinski, Tishinna Strickland (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 235 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Andrew J. Barbeau, Roberto W Cepeda, Sarah Dale, Desiree Dreyfus, Trapper Grover, Cindy A Hester, Joseph Hubbard, Brenzell L Lightner, Nicole L McConnell, Carissa Nummerder, Victoria Overholser, Ashley N Perry, Angel Rose Prewitt, Scott A Riemenschneider, Cheryl Rodriguez, Gustavo Aguilar Rodriguez, Kimberly Schafer, Neil A Schafer, Singwala Shunnasah, Barbara A Snow, Victoria L Weber, Andrew Woznick (Attachments: #1 Exhibit Exhitib 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 234 USCA Notification of Petition for Permission to Appeal filed with USCA USCA Appeal #: 14-8017 (Attachments: #1 Petition for Permission to Appeal)(BAK) |
| Filing 233 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Cassidey L Decker, Chad Finch, Shannon McFadden, Mitchell W Nesbitt, Charles Michael Rodgers, Michael P Vario (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 232 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Christina Ballenger, Shawn Bersing, James Black, Kathleen Blanchett, Diana L Davis, Byron D Dendy, Jamie McKiernan, Sara Metcalf, Lindsey Sheets, Dean Sieger (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 231 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Stacey Barrows, Michael A Bertram, Sarah Calkins, Latosha R Carter, Lynnette M Fay, Donnie R Goodman, Elizabeth A Hill, Randall Lenton, Tiffany Meyer, Kristin K Mork, Rebecca Olson, Elena Reeves, Matthew Adam Schultz, Shirley Straight, Brandon Tagarook (Attachments: #1 Exhibit Exhibit 1 - Consents to Jioin FLSA Collective Action)(Potashnick, Mark) |
| Filing 230 MOTION for Relief PLAINTIFFS COMBINED MOTION TO CERTIFY QUESTION OF LAW TO THE KENTUCKY SUPREME COURT, AND MEMORANDUM IN SUPPORT THEREOF by Plaintiff Rita Gentry. (Attachments: #1 Exhibit Proposed Order (Also Submitted Via Email))(Potashnick, Mark) |
| Filing 229 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Susan B Binder, Antoinette Dew-Wilson, Joshua Farmer, Joshua Granda, Kyra L Gray, Russell Hunter Robbins, Fred E Tudor, Chris Weeden (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 228 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Khamisi Baroka Belt, Jill A Hardy, Ryan McDermott, Jessica Williams (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 227 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Beatta R Adler, Angela Bennett, Patrick Carlin, Hollie Crosby, Teresa L Dalingney, David A DeBaggis, Nicole Dyba, Daniel Glenn Finley, Kayla Finne, Aaron Glanville, Michael Greene, Christina M Grimes, Keith Hamblin, Christopher T Jones, Cecil Kirby, Brett H McFarland, David McInteer, Jamie Schoff, Heather Smith, Kimberly Staub, Kristi Stempkovski, Jeffrey RC VerBurg, Kimberly Ward, Marjorie A Weatherly, Dana West (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 226 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Catherine Caron, Gerold Davis, Amanda DeBoer, Katherine Fenerson, Bryce Hamm, Aaron Jones, Jason King, Nick Koenig, Dawn Lowe, Melinda Mack, Stacy Seidl, Christopher Smith, Rhonda Smith, Mel Sturm, Nathan Toal, Karen Walgren (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 225 NOTICE Filing Consents to Jon FLSA Collective Action: by Plaintiffs Latisha M Arnold, Christopher Dale Ayers, Mino Azer, Michele Bell, Stephen Black, Talitha J Blohm, Amanda Bolton, Bret Cochran, Stephen B Ellis, Michael Ermshar, Patrick Fuller, Carla Gellings, Jeri Hough, Kristina Ignasiak-Berens, Joshua D Krueger, Aaron J Mackison, Eric V Maller, Jenester Outten, Margretta Pfeffer, Regina Richardson, Leticia Riley, Brett Albert Risen, Ayanna L Tarrance (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 224 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Erika Jane V Anes, Eric T Bartlett, Ashley Campbell, Angela M Castellano, Edna Ruth Day, Jesse Earhart, Brandon Esquivel, Karen R Fertitta, Angela Hampton, Ashley Hartfield, Sheba Hunter, Jeffrey A Kalis, Laura Louthan, Samantha McCormick, Ashley Perry, Rodney J Sonnenberg, Kelly Stewart, Brad Stinson, Fawne M Thornhill, Michele Zenner, David Zufelt (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 223
ORDER IT IS HEREBY ORDERED that the oral argument scheduled for Monday, August 20, 2014, at 9:30 a.m., will not include Plaintiffs' Memorandum to the Court Regarding the Withdrawal of Consent Form of Plaintiff William Locke (Docs. No. 133 and 136). Signed by District Judge Audrey G. Fleissig on 8/7/2014. (NCL)
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| Filing 222 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Travis Berrell, Kevin Beyer, Christina Brefka, Jonathan R Bryant, Christy Castro, Anthony R Deich, Sandrra Eckerson, Tiffany A Eisner/Jarvis, Christina Grismer, Michael J Gummere, Lina Johnson, Quiana Johnson, Helen Jones, Kelly Lang, Raeven Mason, Gustave H Mielkie, Adam Overheul, Sherry Padrigo, Deandra Pentecost, Iris Saunders, Brittany Sheets, Nichelle Smith, Lawrence K Sween, Pierre D Walker (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 221 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Patrick Aleman, Jacob Bright, Joseph II Daley, Nickole Demers, Samantha Finne, Tyler Forbus, Melissa Griggs, Lori B Jewett-Thede, Jody L Ludewig, Brandon Lynch, Tracy Medes (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 220
ORDER IT IS HEREBY ORDERED that Defendants Request for Oral Argument on allpending motions is GRANTED. (Doc. No. 198.) Motion Hearing set for 8/20/2014 09:30 AM before District Judge Audrey G. Fleissig. ( SEE ORDER FOR COMPLETE DETAILS) Signed by District Judge Audrey G. Fleissig on 8/5/14. (JWJ)
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| Filing 219 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Keyona Allen, Milachi Bjorngaard, Vicki Blakemore, Steven Carmer, Tamara Chamberlain, Marquita Coleman, Eric Connor, Susan M Costanza, Stacy Croley, Robert W Dionne, Brandy Draper, Daniel Fritz, Yolanda Frontiera, Stephanie Gervais, Gaelen Hammond, Lorraine Harpe, Alyssa Hodgerney, Gwendolyn Hopson, Thomas A Hughes, Bessie James, Jean M Julien, Patrick J Keeley, Matt Lawas, Cecelia Malm, Luke Cash Mansfield, Eric I May, Shanae Michalak, Sam Nikopoulos, Mark Oldenhoff, Amanda Overall, Matthew S Prebluda, Wendy M Proctor, Jessica Rennu, Rose L Roberts, Sherrell Sanford, Susan L Schipper, Jacubus Schwitters, Samuel Simms, Neil Sipress, Sara Smoody, Tiffany Spadie, Charles II B Spencer, Derek Strickland, Denise A Swygert, Robert N Talcott, Susan Veenema, Deborah Kay Walker, Russell K Witcraft, April Wood, Sunaide Wright (Attachments: #1 Exhibit Exhibit 1 (Part 1) - Consents to Join FLSA Collective Action, #2 Exhibit Exhibit 1 (Part 2) Consents to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 218
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants motion for judgment on the pleadings is GRANTED as set forth above. (Doc. No. 183.) IT IS FURTHER ORDERED that Plaintiffs motion to certify Count VI of the first amended complaint as a class action is DENIED. (Doc. No. 143.) IT IS FURTHER ORDERED that Plaintiffs motion to certify Count VII of the first amended complaint as a class action is DENIED. (Doc. No. 145.) IT IS FURTHER ORDERED that Plaintiffs combined motion for conditional certification of Count VI is DENIED. (Doc. No. 191.) Signed by District Judge Audrey G. Fleissig on 8/4/14. (JWJ)
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| Filing 217 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Sarah Blanchard, Carolyn Blassingam, Anita Collins, Jeriecka Coleman, Daniel Cook, Sabina Cunningham, Phillip Dominguez, Genora Flemmings, Isaura Garcia, Nathan Alan Gorby, Zachary Hallmark, Pamela Jones, Quan Lieu, Sabrina McCoy, Joshua Murry, Joseph G Neeland, Rayond Ray, Nancy L Ring, Glenn R Rode, Carmen Rodriguez, Richard Saephan-Lee, Wayne Jr. Dean Schnare, Jillian Smith, Heather Trauth, Lisa L Turner, Kristina Wilson, Athena Daun Willis-Casciano (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 216 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Amanda Adams, Jessica Alexander, Jane Averill-Roznowski, Jason E Blair, Karen I Bork, India Bridgewater, Lois Brown, Katie Buchanan, Marlon Jr. Byfeld, Nick Cassaday, Brittany Cassidy, Richard Colon, Tony Coppelletti, Mandy Cotton, Pina Cureton, William Alan Crosby, Adam Dalton, Cortney Estes, Robert Estes, Melinda Flaherty, Melissa Franklin, Beth Friede, John Gage, Adam Hall, Chelsey Hall, Martha P Hayes, Kaili Hess, Bruce Hevelhurst, Michael Johnson, Michael Jr. Joubert, Dennis E Kirchner, Rebekah Lambert, Catherine E Lampman, Gina Lese, Joezetta Maria McKee, Rita Martin Middleton, Mildred Miller, Shiobhan Nhean, Somnang Nhean, Robert Ochoa, LaToya Ogburn, Johntai Olive, Linda Osytek, David Piccicuto, Heather J Richardson, Sal Rivera, Tiffany G Rosa, Rachel Roller-Meloy, Nicole LeeAnne Sadler, Roy T Santolini, Katie A Schwenker, Shana Sherard, Tycee Skinner, Richard T Sluder, Luopu Smith, Lynn Smith, Jennifer Stevenin, Saron Thimijan, Jean Thompson, Kathleen Wheatcraft Thornsberry, Ryan Thornton, Angelina M Triscari, Larry M Troy, Shaunna Ware, Daniel Waskevich, Lisa Waskevich, Bradley T Wheeler, Mary A Wheeler, Jason T White, James Vavrek, Angela K Young (Attachments: #1 Exhibit Exhibit 1 (Part 1) - Consents to Join FLSA Collective Action, #2 Exhibit Exhibit 1 (Part 2) - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 215 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Patrick Blackmon, Lamondo Braggs, Devin F Brown, Tamika Buckley, Douglas A Busch, Michael K Charloff, Victoria M Childers, Catherine Gifford, Deborah L Grady, Duane Grogans, Brooke Hagood, Whitney Hall, Eric Jon Hill, Rhona Holtzinger, Aaron C Inks, Kelly Jones, Kelly Jones, A Jean-Luc Lafont, Julie A Nimmer-Clark, Kara OConnell, Maria S Osorio, Mary Anne Patterson, Frank Pearce, James D Rainey, James D Roarx, Michelle D Ross, Amanda Schenk, Janna Michelle Schultz, Rodney Smith, Joyce Starling, Samuel III Sturgeon, Jasonn S Teamer, Kevin Watson, Siobhan Williams (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 214 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Dennis Allen, David Ardis, David Atwood, Shirley Baker, Larry Jr. J. Bates, James M Bruce, Aintree Capri Jones, Derek DeYoung, Chris Diedrich, Stephanie Evans, Kyle Lee Griffin, Klonda Grigsby, Chris Gutterman, James Holder, Suzanne M Jensen, Kachelle Jones, Rodney Lennox, James Lemke, Tara R Lester-Danky, Shaphan Marlow, Kimberly Morrow, Ryan Scott Masching, Christi Micklatcher, Thomas J Norton, Cindy Olson, Crystal L Pendleton, Jennifer Price, Christopher Seastrom, Danielle Stone, Cornelius Strawder, Justin Tittel, Shelly M Uttendorfer, Stacey Winter, Rachel Witkowski, William Yancy, Steve Young (Attachments: #1 Exhibit Exhibit 1 - Consents to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 213 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Jeannie Dishon, June Dortch, Janet Howes, Jonathan Julian, Mark J. Macaluso, Kasim Muhamed, Ricardo Jr. Perez (Attachments: #1 Exhibit Exhibit 1 - Consents to Join Forms)(Potashnick, Mark) |
| Filing 212 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Milton Betts, Lisa Broyles, Cynthia Chiebana, Anisha Coleman, Kim Clay Douglas, Matthew F Bozada, Michelle Ann Gilbert, Neva N Glenn, Tammy Miller Jascur, Carlos Jenkins, James Moore, Ian Nelson, Delores Thompson (Attachments: #1 Exhibit Exhibit 1 - Consent Forms)(Potashnick, Mark) |
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Filing 211
Docket Text ORDER: Re: #205 Motion to consider briefing on interrelated issue in determining Charter's motion for judgment on the pleadings, filed by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on July 28, 2014. (AGF)
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| Filing 210 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Penny Davenport (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 209 RESPONSE TO CHARTERS CITATION OF SUPPLEMENTAL AUTHORITY REGARDING PLAINTIFFSMOTIONS FOR RULE 23 CLASS CERTIFICATION by Plaintiffs Justin Ansell, Penny Davenport, Jimmie III Floyd, Rita Gentry, LaShanda Hicks, Melody Locke, William Locke, Victoria Miller, Angela Nelson, Eric Lee Nichols, Randall Poteet, Sandra Pothoof, James Rachal, Joshua Westmaas. (JWJ) |
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Filing 208
Docket Text ORDER: Re: #207 Plaintiff's motion for leave to file Response to Charter Communications, LLC's Citation of Supplemental Authority, filed by Plaintiff Penny Davenport; ORDERED GRANTED. The Clerk of Court shall detach the proposed filing and file it separately in the Court docket. Signed by District Judge Audrey G. Fleissig on July 24, 2014. (AGF)
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| Filing 207 PLAINTIFFS MOTION FOR LEAVE TO FILE RESPONSE TO CHARTER COMMUNICATIONS, LLCS CITATION OF SUPPLEMENTAL AUTHORITY REGARDING PLAINTIFFS MOTIONS FOR RULE 23 CLASS CERTIFICATION] by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Proposed Response to Charter's Notice of Supplemental Authority)(Potashnick, Mark) Modified docket text on 7/24/2014 (NCL). |
| Filing 206 NOTICE Citation of Supplemental Authority: by Defendant Charter Communications, LLC re #140 MOTION to Certify Class , #143 MOTION to Certify Class , #145 MOTION to Certify Class (Attachments: #1 Exhibit Faust v. Comcast)(Jordan, Laura) |
| Filing 205 MOTION TO CONSIDER BRIEFING ON INTERRELATED ISSUE IN DETERMINING CHARTERS MOTION FOR JUDGMENT ON PLEADINGS by Plaintiff Penny Davenport. (Potashnick, Mark) Modified docket text on 7/21/2014 (NCL). |
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Filing 204
Docket Text ORDER: Re: #203 Amended Motion for Relief (Attaching # 1 Exhibit Corrected Notice, # 2 Exhibit Consent Form), and #201 MOTION for Relief, filed by Plaintiff Penny Davenport, in which Plaintiff, with consent of Defendant, requests approval of form of notice ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on July 18, 2014. (AGF)
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| Filing 203 Memo of Filing by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Corrected Notice, #2 Exhibit Consent Form)(Potashnick, Mark) Modified docket text on 7/21/2014 (NCL). |
| Filing 202 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Telephone Conference held on 7/17/2014. Reached agreement re: Notice 2nd employee information to be produced by defendant. (FTR Gold: No.) (NCL) |
| Filing 201 MOTION for Relief [NOTICE OF FILING AND MOTION TO APPROVE NOTICE] by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Parties' Agreed & Approved Notice)(Potashnick, Mark) |
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Filing 200
ORDER IT IS HEREBY ORDERED that Plaintiffs Memorandum Regarding Withdrawal of Consent for William Locke is APPROVED. (Doc. Nos. 133 & 136.) IT IS FURTHER ORDERED that Plaintiffs unopposed Motion for Leave to File a Supplement to Memorandum in Support of Motion to Certify Count VII as a Class Action is GRANTED. (Doc. No. 152.) IT IS FURTHER ORDERED that the parties Joint Motion to Continue Expert and Decertification Motion Deadlines is GRANTED. (Doc. No. 185.) granting #152 Motion for Leave to ; granting #185 Motion to Continue Signed by District Judge Audrey G. Fleissig on 7/11/14. (JWJ)
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Filing 199
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that that the stay of proceedings entered in this matter on April 10, 2014, is LIFTED. IT IS FURTHER ORDERED Defendant's motion for reconsideration of the Court's order granting conditional collective action certification is DENIED. (Doc. No. #179 ) IT IS FURTHER ORDERED that Plaintiffs' Motion for Tolling during the Pendency of the Amended Motion for Conditional Class Certification (Doc. No. #173 ) is GRANTED in part. IT IS FURTHER ORDERED that the statute of limitations on Plaintiffs' FLSA claims is tolled for the period commencing December 9, 2012 (sixty days after the conclusion of briefing on Plaintiffs' Amended Motion for Conditional Class Certification) through the date of this Order. IT IS FURTHER ORDERED that if it has not already done so Defendant shall provide to Plaintiff's counsel within fourteen (14) days of the date of this Order, and in readable electronic format, the mailing addresses and email addresses of all putative members of the conditionally certified class. Signed by District Judge Audrey G. Fleissig on 07/03/2014. (NEB)
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| Filing 198 MOTION for Hearing Request for Oral Argument by Defendant Charter Communications, LLC. (Jordan, Laura) |
| Filing 197 Response to Charter's Notice of Withdrawal of Unfair Labor Practice Charge: by Plaintiff Rita Gentry re #196 Notice (Other) (Potashnick, Mark) Modified docket text on 6/30/2014 (NCL). |
| Filing 196 NOTICE of Withdrawal of NLRB Charge: by Defendant Charter Communications, LLC (Attachments: #1 Exhibit Rita Gentry's NLRB Charge, #2 Exhibit Letter from NLRB approving withdrawal of NLRB Charge)(Jordan, Laura) |
| Filing 195 REPLY to Response to Motion re #191 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION FOR CONDITIONALCERTIFICATION OF THE KENTUCKY WAGE AND HOUR CLAIM (COUNT VI), AND MEMORANDUM IN SUPPORT THEREOF filed by Plaintiff Rita Gentry. (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 194 MEMORANDUM in Opposition re #191 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION FOR CONDITIONALCERTIFICATION OF THE KENTUCKY WAGE AND HOUR CLAIM (COUNT VI), AND MEMORANDUM IN SUPPORT THEREOF filed by Defendant Charter Communications, LLC. (Godiner, Clifford) |
| Filing 193 SURRESPONSE to Motion re #183 MOTION for Judgment on the Pleadings filed by Plaintiffs Justin Ansell, Penny Davenport, Jimmie III Floyd, Rita Gentry, LaShanda Hicks, Melody Locke, William Locke, Victoria Miller, Angela Nelson, Eric Lee Nichols, Randall Poteet, Sandra Pothoof, James Rachal, Joshua Westmaas. (NCL) |
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Filing 192
Docket Text ORDER Re: #190 Motion for Leave to File Very Short Surreply by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on June 4, 2014. (SAA)
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| Filing 191 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION FOR CONDITIONALCERTIFICATION OF THE KENTUCKY WAGE AND HOUR CLAIM (COUNT VI), AND MEMORANDUM IN SUPPORT THEREOF by Plaintiff Rita Gentry. (Attachments: #1 Exhibit Exhibit 1 - Proposed Notice, #2 Exhibit Exhibit 2 - Proposed Consent Form)(Potashnick, Mark) |
| Filing 190 MOTION for Leave to File Very Short Surreply by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Proposed Surreply)(Potashnick, Mark) |
| Filing 189 REPLY to Response to #183 MOTION for Judgment on the Pleadings filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit A)(KXS) |
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Filing 188
Docket Text ORDER Re: #187 Motion for Leave to File in Excess of Page Limitation by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on May 28, 2014. (SAA)
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| Filing 187 MOTION for Leave to File in Excess of Page Limitation by Defendant Charter Communications, LLC. (Attachments: #1 Reply Memorandum, #2 Exhibit A to Reply Memorandum)(Godiner, Clifford) |
| Filing 186 MEMORANDUM in Opposition re #183 MOTION for Judgment on the Pleadings filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 185 Joint MOTION to Continue Expert and Decertification Motion Deadlines by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 184 ENTRY of Appearance by Roy N. Williams for Defendant Charter Communications, LLC. (Williams, Roy) |
| Filing 183 MOTION for Judgment on the Pleadings by Defendant Charter Communications, LLC. (Attachments: #1 Memorandum in Support of Motion for Judgment on the Pleadings)(Jordan, Laura) |
| Filing 182 REPLY to Response to Motion re #179 MOTION for Reconsideration re #172 Memorandum & Order,,, filed by Defendant Charter Communications, LLC. (Jordan, Laura) |
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Filing 181
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that all proceedings in this matter are STAYED pending further order of the Court. Signed by District Judge Audrey G. Fleissig on 4/10/2014. (RAK)
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| Filing 180 MEMORANDUM in Opposition re #179 MOTION for Reconsideration re #172 Memorandum & Order,,, filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 179 MOTION for Reconsideration re #172 Memorandum & Order,,, by Defendant Charter Communications, LLC. (Jordan, Laura) |
| Filing 178 MEMORANDUM re #172 Memorandum & Order,,, [Joint Memorandum of Filing] by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Proposed Conditional Certification Notice Sections)(Potashnick, Mark) |
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Filing 177
Docket Text ORDER: Re: #176 Joint MOTION for Extension of Time, to and including April 4, 2014, to File Revised Language Notice of Conditional Certification; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on April 4, 2014. (AGF)
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| Filing 176 Joint MOTION for Extension , MOTION for Extension of Time to File ;Extension to file the following: Revised Language Notice of Conditional Certification ;Proposed extension date April 4, 2014 by Defendant Charter Communications, LLC. (Davisson, Tabitha) |
| Filing 175 REPLY to Response to Motion re #173 MOTION for Relief [PLAINTIFFS COMBINED MOTION FOR TOLLING DURING PENDENCY OF MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION, AND MEMORANDUM IN SUPPORT THEREOF] filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 174 MEMORANDUM in Opposition re #173 MOTION for Relief [PLAINTIFFS COMBINED MOTION FOR TOLLING DURING PENDENCY OF MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION, AND MEMORANDUM IN SUPPORT THEREOF] filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Attachment Penny Davenport Deposition Excerpts, #6 Attachment Jimmie Floyd III Deposition Excerpts, #7 Attachment Melody Locke Deposition Excerpts, #8 Attachment William Locke Deposition Excerpts and Exhibits, #9 Attachment Victoria Miller Deposition Excerpts, #10 Attachment Angela Nelson Deposition Excerpts)(Jordan, Laura) |
| Filing 173 MOTION for Relief [PLAINTIFFS COMBINED MOTION FOR TOLLING DURING PENDENCY OF MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION, AND MEMORANDUM IN SUPPORT THEREOF] by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 172
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff's motion for an order conditionally certifying a collective action under the FLSA is GRANTED. (Doc. No. 58.) IT IS FURTHER ORDERED that the Court conditionally certifies a class of all of Defendant's present and former non-exempt call center employees who held or hold the job title, "advisor," and who were hired and had completed training before September 1, 2011, and who worked at Defendant Charter Communications, LLC's call centers located in Town and Country, Missouri; Walker, Michigan; Louisville, Kentucky; Greenville, South Carolina; Vancouver, Washington; Rochester, Minnesota; Fond du Lac, Wisconsin; and Worcester, Massachusetts. The conditionally certified class shall not include persons who were hired by Defendant but worked only as trainees. SEE ORDER FOR COMPLETE DETAILS. Signed by District Judge Audrey G. Fleissig on 3/27/2014. (NCL)
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| Filing 171 REPLY to Response to Motion re #165 MOTION to Strike #157 Sealed Document,,, [PLAINTIFFS COMBINED MOTION TO STRIKE CHARTERS DECLARATIONS SUBMITTED IN SUPPORT OF THEIR OPPOSITION TO PLAINTIFFS MOTIONS FOR CLASS CERTIFICATION, AND MEMORANDUM IN SUPPORT] filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 170
Docket Text ORDER Re: #168 Motion for Leave to File Sealed Document in Support of Charter's Opposition to Plaintiffs' Combined Motion to Strike by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 18, 2014. (SAA)
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| Filing 169 SEALED DOCUMENT re #167 Memorandum in Opposition to Motion, #168 MOTION for Leave to File Sealed Document in Support of Charter's Opposition to Plaintiffs' Combined Motion to Strike by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit Declaration of Laura M. Jordan, #2 Exhibit Declaration of Clifford Godiner)(Jordan, Laura) |
| Filing 168 MOTION for Leave to File Sealed Document in Support of Charter's Opposition to Plaintiffs' Combined Motion to Strike by Defendant Charter Communications, LLC. (Jordan, Laura) (Main Document 168 replaced on 3/18/2014) (RAK). |
| Filing 167 MEMORANDUM in Opposition re #165 MOTION to Strike #157 Sealed Document,,, [PLAINTIFFS COMBINED MOTION TO STRIKE CHARTERS DECLARATIONS SUBMITTED IN SUPPORT OF THEIR OPPOSITION TO PLAINTIFFS MOTIONS FOR CLASS CERTIFICATION, AND MEMORANDUM IN SUPPORT] filed by Defendant Charter Communications, LLC. (Jordan, Laura) |
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Filing 166
Docket Text ORDER Re: #163 Motion for Leave to File in Excess of Page Limitation, Motion for Leave to File Sealed Document by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 6, 2014. (SAA)
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| Filing 165 MOTION to Strike #157 Sealed Document,,, [PLAINTIFFS COMBINED MOTION TO STRIKE CHARTERS DECLARATIONS SUBMITTED IN SUPPORT OF THEIR OPPOSITION TO PLAINTIFFS MOTIONS FOR CLASS CERTIFICATION, AND MEMORANDUM IN SUPPORT] by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Charter's Initial Disclosures Per Rule 26(a)(1), #2 Exhibit Exhibit 2 - Potashnick Declaration, #3 Exhibit Exhibit 3 - Planitiffs' Request for Production to Charter)(Potashnick, Mark) Modified on 8/5/2014 (NCL). |
| Filing 164 REPLY to Response to Motion re #140 MOTION to Certify Class , #143 MOTION to Certify Class , #145 MOTION to Certify Class filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Floyd Depo Excerpts, #2 Exhibit Exhibit 2 (Part 1) - Davenport Depo Excerpts, #3 Exhibit Exhibit 2 (Part 2) - Davenport Depo Excerpts, #4 Exhibit Exhibit 3 - Miller Depo Excerpts, #5 Exhibit Exhibit 4 - Kimmel Depo Excerpts, #6 Exhibit Exhibit 5 - Melody Locke Depo Excerpts, #7 Exhibit Exhibit 6 - William Locke Depo Excerpts, #8 Exhibit Exhibit 7 - Nelson Depo Excerpts, #9 Exhibit Exhibit 8 - Poteet Depo Excerpts, #10 Exhibit Exhibit 9 - Potashnick Declaration, #11 Exhibit Exhibit 10 - Rule 30(b)(6) Depo Excerpts, #12 Exhibit Exhibit 11 - Adverse Class Member Declarations from Rikard v. U.S. Auto Protection, #13 Exhibit Exhibit 12 - Rule 30(b)(6) Depo Excerpts, #14 Exhibit Exhibit 13 - Charter's Supplement to Rule 30(b)(6) Depos, #15 Exhibit Exhibit 14 - Post-Remediation Coaching Notes, #16 Exhibit Exhibit 15 - Coaching Notes for Late Arrivals, #17 Exhibit Exhibit 16 - September 6, 2012 Email from Plaintiff's Attorney to Defense Counsel)(Potashnick, Mark) |
| Filing 163 MOTION for Leave to File in Excess of Page Limitation , MOTION for Leave to File Sealed Document by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 162
ORDER IT IS HEREBY ORDERED that Plaintiffs' Motion to Extend Deadlines for disclosures and depositions of expert witnesses is GRANTED. (Doc. No. 161.) Signed by District Judge Audrey G. Fleissig on 3/3/2014. (NCL)
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| Filing 161 MOTION to Continue Expert Deadlines by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 160
Docket Text ORDER Re: #159 Motion for Extension of Time to File Response/Reply as to 155 Docket Text Order, [PLAINTIFFS MOTION TO EXTEND OF TIME TO FILE REPLY] by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on January 16, 2014. (SAA)
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| Filing 159 MOTION for Extension of Time to File Response/Reply as to 155 Docket Text Order, [PLAINTIFFS MOTION TO EXTEND OF TIME TO FILE REPLY] by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 158
Docket Text ORDER Re: #156 Motion for Leave to File in Excess of Page Limitation and to File Certain Documents Under Seal by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on January 7, 2014. (SAA)
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| Filing 157 SEALED DOCUMENT re #156 MOTION for Leave to File in Excess of Page Limitation and to File Certain Documents Under Seal by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit Deposition of P. Davenport Part 1, #2 Exhibit Deposition of P. Davenport Part 2, #3 Exhibit Deposition of B. Filbert, #4 Exhibit Deposition of J. Floyd, #5 Exhibit Deposition of K. Glazebrook, #6 Exhibit Deposition of J. Kimmel, #7 Exhibit Deposition of M. Locke, #8 Exhibit Deposition of W. Locke Part 1, #9 Exhibit Deposition of W. Locke Part 2, #10 Exhibit Deposition of V. Miller, #11 Exhibit Deposition of A. Nelson Part 1, #12 Exhibit Deposition of A. Nelson Part 2, #13 Exhibit Deposition of R. Poteet)(Jordan, Laura) |
| Filing 156 MOTION for Leave to File in Excess of Page Limitation and to File Certain Documents Under Seal by Defendant Charter Communications, LLC. (Attachments: #1 Attachment Defendant's Opposition to Plaintiffs' Rule 23 Motions, #2 Exhibit Declaration of R. Alam, #3 Exhibit Declaration of K. Asay, #4 Exhibit Declaration of S. Blumer, #5 Exhibit Declaration of D. Bosch, #6 Exhibit Declaration of M. Carden, #7 Exhibit Declaration of D. Craven, #8 Exhibit Declaration of B. Dhanjal, #9 Exhibit Declaration of M. Dowdy, #10 Exhibit Declaration of R. Garcia, #11 Exhibit Declaration of K. Glazebrook, #12 Exhibit Declaration of D. Groves, #13 Exhibit Declaration of J. Harmon, #14 Exhibit Declaration of M. Hubbard, #15 Exhibit Declaration of S. Hubbard, #16 Exhibit Declaration of A. Huggins, #17 Exhibit Declaration of J. Kemper, #18 Exhibit Declaration of K. King, #19 Exhibit Declaration of T. Lawson, #20 Exhibit Declaration of V. McWilliams, #21 Exhibit Declaration of C. Ream, #22 Exhibit Declaration of B. Reisterer, #23 Exhibit Declaration of J. Richardson, #24 Exhibit Declaration of S. Riggle, #25 Exhibit Declaration of J. Saletto, #26 Exhibit Declaration of S. Schroeder, #27 Exhibit Declaration of R. Terry, #28 Exhibit Declaration of K. Touchton, #29 Exhibit Declaration of M. Washington, #30 Exhibit Declaration of L. Young)(Jordan, Laura) |
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Filing 155
Docket Text ORDER: Re: #154 Consent MOTION to Extend Deadlines to respond to #140 Motion to Certify Class, filed by Charter Communications, LLC ; ORDERED GRANTED. Defendant shall respond to the motion by January 3, 2014, and Plaintiffs shall reply by February 3, 2014. Signed by District Judge Audrey G. Fleissig on December 17, 2013. (AGF)
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| Filing 154 Consent MOTION for Extension of Time to File Response/Reply as to #140 MOTION to Certify Class , #143 MOTION to Certify Class , #145 MOTION to Certify Class by Defendant Charter Communications, LLC. (Davisson, Tabitha) |
| Filing 153 SUPPLEMENTAL MEMORANDUM in Support of Motion (SEALED) re #145 MOTION to Certify Class , #152 MOTION for Leave to File Supplement to Memorandum in Support of Motion to Certify Count VII (Michigan Claim) as a Class Action, and to File Under Seal filed by Plaintiff Joshua Westmaas. (Attachments: #1 Exhibit Exhibit 1 - Sample Personnel Records, #2 Exhibit Exhibit 2 - Answell Personnel Record, #3 Exhibit Exhibit 3 - Westmaas Personnel Records, #4 Exhibit Exhibit 4 - Floyd Deposition Excerpts, #5 Exhibit Exhibit 5 - Miller Deposition Excerpts, #6 Exhibit Exhibit 6 - Nelson Deposition Excerpts)(Potashnick, Mark) Modified docket text on 12/12/2013 (NCL). |
| Filing 152 MOTION for Leave to File Supplement to Memorandum in Support of Motion to Certify Count VII (Michigan Claim) as a Class Action, and to File Under Seal by Plaintiff Joshua Westmaas. (Potashnick, Mark) |
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Filing 151
Docket Text ORDER Re: #150 Joint Motion for Extension of Time to File Response/Reply as to #140 Motion to Certify Class, #143 Motion to Certify Class, #145 Motion to Certify Class by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge John A. Ross on November 6, 2013. (SAA)
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| Filing 150 Joint MOTION for Extension of Time to File Response/Reply as to #140 MOTION to Certify Class , #143 MOTION to Certify Class , #145 MOTION to Certify Class by Defendant Charter Communications, LLC. (Godiner, Clifford) |
| Filing 149 REPLY MEMORANDUM re #136 Memorandum, by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Withdrawal of Consent from Suit with Same Defense Counsel, #2 Exhibit Exhibit 2 - Request for Withdrawal by Same Defense Counsel in Prior Case, #3 Exhibit Exhibit 3 - Examples of Withdrawals of Opt-In Consents Via Memorandum)(Potashnick, Mark) Modified docket text on 10/17/2013 (NCL). |
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Filing 148
Docket Text ORDER Re: #141 Motion for Leave to File Sealed Document by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 9, 2013. (SAA)
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Filing 147
Docket Text ORDER Re: #138 Motion to Withdraw #137 Emergency Motion for Protective Order/Motion to Quash Subpoena Directed to Victoria Miller and Memorandum in Support Withdrawal of Motion by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 9, 2013. (SAA)
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| Filing 146 MEMORANDUM in Support of Motion (SEALED) re #145 MOTION to Certify Class , #141 MOTION for Leave to File Sealed Document filed by Plaintiff Joshua Westmaas. (Attachments: #1 Exhibit Exhibit 1 - DOL Fact Sheet, #2 Exhibit Exhibit 2 - Filbert R30(b)(6) Depo Excerpts, #3 Exhibit Exhibit 3 (Part 1) - Plaintiff Declarations, #4 Exhibit Exhibit 3 (Part 2) - Plaintiff Declarations, #5 Exhibit Exhibit 3 (Part 3) - Plaintiff Declarations, #6 Exhibit Exhibit 4 - Charter's Policy, #7 Exhibit Exhibit 5 - Charter's Email, #8 Exhibit Exhibit 6 - Charter's Form, #9 Exhibit Exhibit 7 - Charter's Form, #10 Exhibit Exhibit 8 - Charter's Form, #11 Exhibit Exhibit 9 - Charter Email, #12 Exhibit Exhibit 10 - Poteet Depo Excerpts, #13 Exhibit Exhibit 11 - Charter's Training Material, #14 Exhibit Exhibit 12 - Charter's Policy, #15 Exhibit Exhibit 13 - October 2008 Memo, #16 Exhibit Exhibit 14 - January 2010 Memo, #17 Exhibit Exhibit 15 - Charter's Form, #18 Exhibit Exhibit 16 - Charter's Form, #19 Exhibit Exhibit 17 - Charter Forms, #20 Exhibit Exhibit 18 - Charter Forms, #21 Exhibit Exhibit 19 - Charter's Reference Guide, #22 Exhibit Exhibit 20 - Glazebrook R30(b)(6) Depo Excerpts, #23 Exhibit Exhibit 21 - Explanation of Metric, #24 Exhibit Exhibit 22 - Metric Equation, #25 Exhibit Exhibit 23 - Policy Exhibit from Simmons v. Enterprise, #26 Exhibit Exhibit 24 - Policy Exhibit from Rikard v. U.S. Auto Protection)(Potashnick, Mark) |
| Filing 145 MOTION to Certify Class by Plaintiff Joshua Westmaas. (Potashnick, Mark) |
| Filing 144 MEMORANDUM in Support of Motion (SEALED) re #143 MOTION to Certify Class , #141 MOTION for Leave to File Sealed Document filed by Plaintiff Rita Gentry. (Attachments: #1 Exhibit Exhibit 1 - DOL Fact Sheet, #2 Exhibit Exhibit 2 - Filbert R30(b)(6) Depo Excerpts, #3 Exhibit Exhibit 3 (Part 1) - Plaintiff Declarations, #4 Exhibit Exhibit 3 (Part 2) - Plaintiff Declarations, #5 Exhibit Exhibit 3 (Part 3) - Plaintiff Declarations, #6 Exhibit Exhibit 4 - Charter's Policy, #7 Exhibit Exhibit 5 - Kimmel Depo Excerpts, #8 Exhibit Exhibit 6 - M. Locke Depo Excerpts, #9 Exhibit Exhibit 7 - W. Locke Depo Excerpts, #10 Exhibit Exhibit 8 - Poteet Depo Excerpts, #11 Exhibit Exhibit 9 - Charter's Training Material, #12 Exhibit Exhibit 10 - Charter's Policy, #13 Exhibit Exhibit 11 - October 2008 Memo, #14 Exhibit Exhibit 12 - January 2010 Memo, #15 Exhibit Exhibit 13 - Personnel Material, #16 Exhibit Exhibit 14 - Charter's Emails, #17 Exhibit Exhibit 15 - Charter's Email, #18 Exhibit Exhibit 16 - Charter's Email, #19 Exhibit Exhibit 17 - Charter Emails, #20 Exhibit Exhibit 18 - Charter Policy, #21 Exhibit Exhibit 19 - Glazebrook R30(b)(6) Depo Excerpts, #22 Exhibit Exhibit 20 - Explanation of Metric, #23 Exhibit Exhibit 21 - Charter Emails, #24 Exhibit Exhibit 22 - Metric Formula, #25 Exhibit Exibit 23 - Policy Exhibit from Simmons v. Enterprise, #26 Exhibit Exhibit 24 - Policy Exhibit from Rikard v. U.S. Auto Protection)(Potashnick, Mark) |
| Filing 143 MOTION to Certify Class by Plaintiff Rita Gentry. (Potashnick, Mark) |
| Filing 142 MEMORANDUM in Support of Motion (SEALED) re #140 MOTION to Certify Class , #141 MOTION for Leave to File Sealed Document filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - DOL Fact Sheet, #2 Exhibit Exhibit 2 - Filbert R30(b)(6) Depo Excerpts, #3 Exhibit Exhibit 3 (Part 1) - Plaintiff Declarations, #4 Exhibit Exhibit 3 (Part 2) - Plaintiff Declarations, #5 Exhibit Exhibit 3 (Part 3) - Plaintiff Declarations, #6 Exhibit Exhibit 4 - Charter's Policy, #7 Exhibit Exhibit 5 - Plaintiff Davenport Deposition Excerpts, #8 Exhibit Exhibit 6 - Poteet Depo Excerpts, #9 Exhibit Exhibit 7 - Charter's Training Materials, #10 Exhibit Exhibit 8 - Charter's Policy, #11 Exhibit Exhibit 9 - October 2008 Memo, #12 Exhibit Exhibit 10 - January 2010 Memo, #13 Exhibit Exhibit 11 - Employee Counseling Notes, #14 Exhibit Exhibit 12 - Charter's Reference Guide, #15 Exhibit Exhibit 13 (Part 1) - Letters to Employees, #16 Exhibit Exhibit 13 (Part 2) - Letters to Employees, #17 Exhibit Exhibit 14 - Glazebrook R30(b)(6) Depo Excerpts, #18 Exhibit Exhibit 15 - Explanation of Metric, #19 Exhibit Exhibit 16 - Equation to Determine Metric, #20 Exhibit Exhibit 17 - Policy Exhibit from Simmons v. Enterprise, #21 Exhibit Exhibit 18 - Policy Exhibit from Rikard v. U.S. Auto Protection)(Potashnick, Mark) |
| Filing 141 MOTION for Leave to File Sealed Document by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 140 MOTION to Certify Class by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 139 MEMORANDUM Memorandum to Clerk Regarding Status of Opt-In Plaintiff Victoria Miller by Plaintiff Penny Davenport. (Riggan, Russell) |
| Filing 138 MOTION to Withdraw #137 Emergency MOTION for Protective Order Emergency Motion for Protective Order/Motion to Quash Subpoena Directed to Victoria Miller and Memorandum in Support Withdrawal of Motion by Plaintiff Penny Davenport. (Riggan, Russell) |
| Filing 137 Emergency MOTION for Protective Order Emergency Motion for Protective Order/Motion to Quash Subpoena Directed to Victoria Miller and Memorandum in Support by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Amended NOD, #2 Exhibit Subpoena, #3 Exhibit Notice of Withdrawal of Consents, #4 Exhibit Email correspondence, #5 Exhibit Memo to Court re Notice of Ps Opting Out)(Riggan, Russell) |
| Filing 136 MEMORANDUM re #133 Memorandum in Response to Memorandum Regrding Withdrawal of Consent for William Locke and Victoria Miller by Plaintiff Penny Davenport. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Davisson, Tabitha) |
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Filing 135
Docket Text ORDER: Re: #134 Joint MOTION to Continue Expert Deadlines, by Plaintiff Penny Davenport. (Potashnick, Mark) Modified on 10/7/2013 (RAK). filed by Penny Davenport ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 10/7/2013. (RAK)
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| Filing 134 Joint MOTION to Continue Expert Deadlines, by Plaintiff Penny Davenport. (Potashnick, Mark) Modified on 10/7/2013 (RAK). |
| Filing 133 MEMORANDUM Memorandum to Court Regarding The Withdrawal of Consent forms of Plaintiffs Victoria Miller and William Locke by Plaintiff Penny Davenport. (Riggan, Russell) |
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Filing 132
Docket Text ORDER Re: #131 Joint Motion for Extension of Time to File Rule 23 Briefs; Proposed extension date October 8, 2013 by Plaintiff Penny Davenport; ORDERED GRANTED. Plaintiffs shall have until October 8, 2013 to file their motion for Rule 23 class certification. Defendant shall have until November 5, 2013 to respond, and Plaintiffs shall have until November 19, 2013 to file a reply. Except as modified herein, the Case Management Order, as previously amended, shall remain unchanged. Signed by District Judge Audrey G. Fleissig on August 29, 2013. (SAA)
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| Filing 131 Joint MOTION for Extension of Time to File ;Extension to file the following: Rule 23 Briefs ;Proposed extension date October 8, 2013 by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 130 ADR COMPLIANCE REPORT by Neutral: Neuner, Francis X.. Date of Conference: 6/6/2013. The parties participated in good faith. The parties did not achieve a settlement.(NCL) |
| Filing 129 NOTICE Consent to Join FLSA Collective Action: by Plaintiff Eric Lee Nichols (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
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Filing 128
ORDER: IT IS HEREBY ORDERED that the September 9, 2013 trial setting of this matter is VACATED. IT IS FURTHER ORDERED that a new trial date will be assigned following the issuance of the Courts ruling on the pending motion for class certification. Signed by District Judge Audrey G. Fleissig on 5/14/2013. (KSH)
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Filing 127
Docket Text ORDER Re: #123 Motion to Continue Deadlines for (1) Expert Disclosures & Reports and (2) Class Certification Briefing by Plaintiff Penny Davenport; ORDERED DENIED as moot. Signed by District Judge Audrey G. Fleissig on May 10, 2013. (SAA)
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Filing 126
Docket Text ORDER Re: #125 Joint Motion for Extension of Joint Motion to Extend Deadlines by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on May 10, 2013. (SAA)
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| Filing 125 Joint MOTION for Extension of: Joint Motion to Extend Deadlines by Plaintiff Penny Davenport. (Riggan, Russell) |
| Filing 124 Notice of Withdrawal of Motion filed by Plaintiff Penny Davenport. re #123 MOTION to Continue Deadlines for (1) Expert Disclosures & Reports and (2) Class Certification Briefing (Riggan, Russell) Modified docket text on 5/9/2013 (NCL). |
| Filing 123 MOTION to Continue Deadlines for (1) Expert Disclosures & Reports and (2) Class Certification Briefing by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 122 NOTICE Consent to Join FLSA Collective Action: by Plaintiff Randall Poteet (Attachments: #1 Exhibit Exhibit 1 - Consent to Join Form)(Potashnick, Mark) |
| Filing 121 AMENDED NOTICE of Appointment of Neutral. Neutral name: Neuner, Francis X. Neutral selected by Parties. (Amended to correct clerk's error of listing only plaintiff's counsel on original Appointmnet of Neutral)(LSD) |
| Filing 120 NOTICE of Appointment of Neutral. Neutral name: Neuner, Francis X. Neutral selected by Parties (copy emailed to Neutral)(LSD) |
| Filing 119 Designation of Neutral by parties and ADR Conference Report by Plaintiff Penny Davenport Neutral: Neuner, Francis X. Date of Conference: June 6, 2013 time: 9:00 a.m. Location: 1 North Brentwood Blvd., Suite 1000, St. Louis, Missouri, 63105 (Attachments: #1 Attachment Attachment to Designation of Neutral an ADR Conference Report)(Potashnick, Mark) |
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Filing 118
ORDER IT IS HEREBY ORDERED that unless the parties are proceeding in some other cooperative fashion, Plaintiff shall, in good faith, provide the names of three acceptable mediators to Defendant on or before April 4, 2013. Defendant shall consider those names in good faith and respond by April 9, 2013. If by April 10, 2013, the parties have been unable to agree to a mediator who can mediate the case by a date, on or about the current deadline to complete the mediation, they shall promptly notify the Court, at which time the Court shall select a mediator. No further response or reply to Doc. Nos. 115 & 116 shall be filed, except as noted above. Response to Court due by 4/10/2013. Signed by District Judge Audrey G. Fleissig on 4/1/2013. (NCL)
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Filing 117
Docket Text ORDER Re: #115 Motion for Extension of Time to File Designation of Neutral and ADR Conference Report; Proposed extension date April 1, 2013 by Plaintiff Penny Davenport; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on April 1, 2013. (SAA)
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| Filing 116 RESPONSE in Opposition re #115 MOTION for Extension of Time to File ;Extension to file the following: Designation of Neutral and ADR Conference Report ;Proposed extension date April 1, 2013 filed by Defendant Charter Communications, LLC. (Godiner, Clifford) |
| Filing 115 MOTION for Extension of Time to File ;Extension to file the following: Designation of Neutral and ADR Conference Report ;Proposed extension date April 1, 2013 by Plaintiff Penny Davenport. (Potashnick, Mark) |
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Filing 114
ORDER For purposes of clarification with respect to this Courts previous Order (Doc. No. 13) denying Defendants motion to withdraw reference of this action to mediation, IT IS HEREBY ORDERED that the parties shall cooperate to select a mediator and to complete mediation not later than Friday, June 14, 2013. ADR Completion Deadline due by 6/14/2013. ADR Compliance Report Deadline due by 6/28/2013. Signed by District Judge Audrey G. Fleissig on 3/21/13. (JWJ) Modified docket text on 3/26/2013 (NCL).
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Filing 113
ORDER IT IS HEREBY ORDERED that Defendants motion to withdraw referral tomediation is DENIED. (Doc. No. 110.) IT IS FURTHER ORDERED that Plaintiffs motion for extension of time to file the designation of neutral and ADR conference report to March 29, 2013, is GRANTED. (Doc. No. 112.) denying #110 Motion to Withdraw Reference( ADR Compliance Report Deadline due by 3/29/2013., Designation of Neutral due by 3/20/2013.); granting #112 Motion for Extension of Time to File ;Extension date: March 29, 2013 Signed by District Judge Audrey G. Fleissig on 3/19/13. (JWJ)
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| Filing 112 MOTION for Extension of Time to File and Opposition to Defendant's Motion to Withdraw Referral to Mediation ;Extension to file the following: Designation of Neutral and ADR Conference Report ;Proposed extension date March 29, 2013 by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 111 REPLY to Response to Motion re #58 MOTION to Certify Class [PLAINTIFFS RESPONSE TO DEFENDANTS CITATION OF SUPPLEMENTAL AUTHORITY REGARDING AMENEDED MOTION FOR CONDITIONAL CERTIFICATION] filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 110 MOTION to Withdraw Reference to ADR by Defendant Charter Communications, LLC. (Godiner, Clifford) |
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Filing 109
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion for reconsideration is GRANTED as set forth above. (Doc. No. 102.) Signed by District Judge Audrey G. Fleissig on 3/13/2013. (KSM)
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| Filing 108 NOTICE Supplemental Authority: by Defendant Charter Communications, LLC re #94 Memorandum in Opposition to Motion, Regarding Conditional Certification (Attachments: #1 Exhibit Settles v. General Elec.)(Godiner, Clifford) |
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Filing 107
Docket Text ORDER: Re: #106 MOTION for Extension of Time to File Designation of Neutral/ADR Compliance Report ;Proposed extension date 03/15/2013, Filed by Defendant Charter Communications, LLC. ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 8, 2013. (AGF)
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| Filing 106 MOTION for Extension of Time to File ;Extension to file the following: Designation of Neutral/ADR Compliance Report ;Proposed extension date 03/15/2013 by Defendant Charter Communications, LLC. (Godiner, Clifford) |
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Filing 105
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Mark A. Potashnick. ADR Completion Deadline due by 4/15/2013. ADR Compliance Report Deadline due by 4/29/2013. Designation of Neutral due by 3/7/2013. Signed by District Judge Audrey G. Fleissig on 2/19/2013. (KSM)
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| Filing 104 REPLY to Response to Motion re #102 MOTION for Reconsideration Based on New Decision by This Court filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 103 MEMORANDUM in Opposition re #102 MOTION for Reconsideration Based on New Decision by This Court filed by Defendant Charter Communications, LLC. (Godiner, Clifford) |
| Filing 102 MOTION for Reconsideration Based on New Decision by This Court by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 101 NOTICE Filing Consents: by Plaintiff Penny Davenport (Attachments: #1 Exhibit Jacqueline Kimmel Consent)(Riggan, Russell) |
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Filing 100
ORDER NUNC PRO TUNC IT IS HEREBY ORDERED that the last sentence of the Memorandum and Order issued herein on this date (Doc. No. 99) shall be corrected, nunc pro tunc, to read as follows: IT IS HEREBY ORDERED that Defendants motion to dismiss Counts III, IV, and V of Plaintiffs amended complaint is DENIED, with the exception of claims accruing prior to January 4, 2010. (Doc. No. 78.)" Signed by District Judge Audrey G. Fleissig on 10/18/21. (JWJ)
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Filing 99
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to dismiss Counts III, IV, and V of Plaintiffs' amended complaint is DENIED, with the exception of claims accruing prior to January 4, 2012. (Doc. No. 78). Signed by District Judge Audrey G. Fleissig on 10/18/2012. (KSM)
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| Filing 98 REPLY to Response to Motion re #58 MOTION to Certify Class filed by Plaintiffs Justin Ansell, Penny Davenport, Jimmie III Floyd, Rita Gentry, LaShanda Hicks, Melody Locke, William Locke, Victoria Miller, Angela Nelson, Sandra Pothoof, James Rachal, Joshua Westmaas. (Attachments: #1 Exhibit 7, #2 Exhibit 8)(NCL) |
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Filing 97
Docket Text ORDER: Re: #96 MOTION for Leave to File in Excess of Page Limitation [PLAINTIFFS MOTION FOR LEAVE TO FILE THEIR REPLY MEMORANDUM IN SUPPORT OF THEIR AMENDED MOTION FOR CONDITIONAL CERTIFICATION OVER THE PAGE LIMIT] by Plaintiff Penny Davenport. (Attachments: # 1 Exhibit Proposed Reply in Support of Plaintiffs' Amended Motion for Conditional Certification, # 2 Exhibit Exhibit 7 - Davenport Deposition Testimony, # 3 Exhibit Exhibit 8 - Sample Declarations from Nicholson v. UTi Worldwide and Beasley v. GC Services)(Potashnick, Mark) filed by Penny Davenport ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 10/10/2012. (NCL)
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| Filing 96 MOTION for Leave to File in Excess of Page Limitation [PLAINTIFFS MOTION FOR LEAVE TO FILE THEIR REPLY MEMORANDUM IN SUPPORT OF THEIR AMENDED MOTION FOR CONDITIONAL CERTIFICATION OVER THE PAGE LIMIT] by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Proposed Reply in Support of Plaintiffs' Amended Motion for Conditional Certification, #2 Exhibit Exhibit 7 - Davenport Deposition Testimony, #3 Exhibit Exhibit 8 - Sample Declarations from Nicholson v. UTi Worldwide and Beasley v. GC Services)(Potashnick, Mark) |
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Filing 95
Docket Text ORDER Re: #93 Motion for Leave to file opposition brief in excess of 15 pages by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 1, 2012. (SAA)
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| Filing 94 MEMORANDUM in Opposition re #58 MOTION to Certify Class filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit 1 (part 1), #2 Exhibit 1 (part 2), #3 Exhibit 2 (part 1), #4 Exhibit 2 (part 2), #5 Exhibit 2 (part 3), #6 Exhibit 2 (part 4), #7 Exhibit 2 (part 5), #8 Exhibit 2 (part 6), #9 Exhibit 2 (part 7), #10 Exhibit 2 (part 8))(Jordan, Laura) |
| Filing 93 MOTION for Leave to file opposition brief in excess of 15 pages by Defendant Charter Communications, LLC. (Jordan, Laura) |
| Filing 92 REPLY to Response to Motion re #78 MOTION to Dismiss :Counts III, IV, and V of Plaintiffs' Amended Complaint filed by Defendant Charter Communications, LLC. (Jordan, Laura) |
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Filing 91
Docket Text ORDER Re: #90 Consent Motion for Extension of Time to File Response/Reply as to #78 Motion to Dismiss Counts III, IV, and V of Plaintiffs' Amended Complaint by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on September 11, 2012. (SAA)
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| Filing 90 Consent MOTION for Extension of Time to File Response/Reply as to #78 MOTION to Dismiss :Counts III, IV, and V of Plaintiffs' Amended Complaint by Defendant Charter Communications, LLC. (Jordan, Laura) |
| Filing 89 RESPONSE in Opposition re #78 MOTION to Dismiss :Counts III, IV, and V of Plaintiffs' Amended Complaint filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Ex. 1 - Employee Handbook Provision)(Potashnick, Mark) |
| Filing 88 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing held on 8/28/2012 re #76 Emergency MOTION to Quash Plaintiff's Emergency Motion to Quash and for Protective Order and Memorandum in Support filed by Penny Davenport. The Court hears from the parties on the Plaintiffs' Motion to Quash and for Protective Order. Plaintiffs for to make Penny Davenport available for deposition on or before 9/14/2012. The Court and the parties on hold a Supplemental Rule 16 Conference and discuss the Joint Scheduling Plan filed by the parties. Amended Case Management Order to issue. (Court Reporter:P. Dunn Wecke.) (FTR Gold: No.) (NCL) |
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Filing 87
SUPPLEMENTAL CASE MANAGEMENT ORDER This case is assigned to Track: 3 (Complex) Motion to Join Parties due by 11/1/2012. ADR Future Reference 2/15/2013.SEE ORDER FOR COMPLETE DETAILS. Signed by District Judge Audrey G. Fleissig on 8/28/2012. (NCL) Modified docket text on 8/28/2012 (NCL).
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Filing 86
Docket Text ORDER Re: #85 Motion to Withdraw as attorney/firm The Lowenbaum Partnership, LLC, Toby J. Asel, Charles H. Morgan, Stanley G. Schroeder and Diane E. Metzger by Defendant Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on August 27, 2012. (SAA)
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| Filing 85 MOTION to Withdraw as Attorney ;attorney/firm The Lowenbaum Partnership, LLC, Toby J. Asel, Charles H. Morgan, Stanley G. Schroeder and Diane E. Metzger by Defendant Charter Communications, LLC. (Morgan, Charles) |
| Filing 84 JOINT SCHEDULING PLAN by Defendant Charter Communications, LLC. and Plaintiffs. (Jordan, Laura) |
| Filing 83 ENTRY of Appearance by Tabitha G. Davisson for Defendant Charter Communications, LLC. (Davisson, Tabitha) |
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Filing 82
ORDER: IT IS HEREBY ORDERED that Plaintiff's motion to quash the Notice of Deposition for the deposition of Plaintiff Penny Davenport on August 23, 2012, is GRANTED. (Doc. No. 76.) IT IS FURTHER ORDERED that the deadline for Defendant to respond to Plaintiff's amended motion for conditional class certification is temporarily suspended. IT IS FURTHER ORDERED that a hearing in this case is set for Tuesday, August 28, 2012, at 10:00 a.m. to address the parties' discovery disputes and new dates for Davenport's deposition and Defendant's deadline to respond to Plaintiff's amended motion for conditional class certification. (In Court Hearing set for 8/28/2012 10:00 AM before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 8/22/2012. (KSM)
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Filing 81
STIPULATED PROTECTIVE ORDER ( SEE ORDER FOR COMPLETE DETAILS ). Signed by District Judge Audrey G. Fleissig on 8/22/12. (JWJ)
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| Filing 80 MEMORANDUM in Support of Motion re #78 MOTION to Dismiss :Counts III, IV, and V of Plaintiffs' Amended Complaint filed by Defendant Charter Communications, LLC. (Jordan, Laura) |
| Filing 79 Joint MOTION for Protective Order Re Written Discovery by Defendant Charter Communications, LLC. (Godiner, Clifford) |
| Filing 78 MOTION to Dismiss :Counts III, IV, and V of Plaintiffs' Amended Complaint by Defendant Charter Communications, LLC. (Jordan, Laura) |
| Filing 77 ANSWER to #69 Amended Complaint, by Charter Communications, LLC.(Jordan, Laura) |
| Filing 76 Emergency MOTION to Quash Plaintiff's Emergency Motion to Quash and for Protective Order and Memorandum in Support by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Defendant's Responses and Objections to Plaintiff's First Request for Production, #2 Exhibit Defendant's Answers and Objections to Plaintiff's First Set of Interrogatories, #3 Exhibit Notice of Deposition, #4 Exhibit Email dated August 21, 2012)(Riggan, Russell) |
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Filing 75
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant's motion to strike the declarations of Penny Davenport and James Rachal is DENIED. (Doc. No. 26.) Signed by District Judge Audrey G. Fleissig on 8/17/2012. (NCL)
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Filing 74
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' motion to toll the FLSA statute of limitations for 45 days is GRANTED. (Doc. No. 24.) IT IS FURTHER ORDERED that Plaintiffs' motion filed on July 26, 2012, to toll the FLSA statute of limitations for an additional 30 days is GRANTED. (Doc. No. 65.) Signed by District Judge Audrey G. Fleissig on 8/17/2012. (NCL)
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| Filing 73 ENTRY of Appearance by Clifford A. Godiner for Defendant Charter Communications, LLC. (Godiner, Clifford) |
| Filing 72 REPLY to Response to Motion re #65 Second MOTION for Relief Tolling FLSA Statute of Limitations During Defendants' Extensions filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Ex. 1 - Smith v. SSM)(Potashnick, Mark) |
| Filing 71 ENTRY of Appearance by Laura M. Jordan for Defendant Charter Communications, LLC. (Jordan, Laura) |
| Filing 70 ENTRY of Appearance by Diane E. Metzger for Defendant Charter Communications, LLC. (Metzger, Diane) |
| Filing 69 FIRST AMENDED COMPLAINT against defendant Charter Communications, LLC None Summons(es) issued, Waivers issued None, Consents issued None, Jury demand,, filed by William Locke, Jimmie III Floyd, Justin Ansell, Joshua Westmaas, Rita Gentry, James Rachal, Angela Nelson, Penny Davenport, Sandra Pothoof, Melody Locke, LaShanda Hicks.(JWJ) |
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Filing 68
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion for an extension of time to amend pleadings and add parties is GRANTED. (Doc. No. 49.)IT IS FURTHER ORDERED that Plaintiffs motion for leave to file a FirstAmended Complaint is GRANTED. (Doc. No. 52.) The Clerk of Court shall detach the proposed amended complaint (Doc. No. 52-1) and enter it on the docket sheet as Plaintiffs First Amended Complaint. IT IS FURTHER ORDERED that Plaintiffs motion filed on February 7, 2012, to conditionally certify a class and facilitate class notification is DENIED as moot. (Doc. No. 11.) IT IS FURTHER ORDERED that Defendants motion to dismiss Counts III, IV, and V of the original complaint is DENIED as moot. (Doc. No. 13.) IT IS FURTHER ORDERED that Defendants motion for leave to file a surreply addressed to Plaintiffs motion to conditionally certify a class and facilitate class notification is DENIED as moot. (Doc. No. 41.) IT IS FURTHER ORDERED that Defendants motion for leave to file a memorandum in opposition to Plaintiffs notice of additional evidence in support of Plaintiffs motion for conditional certification is DENIED as moot. (Doc. No. 48.) IT IS FURTHER ORDERED that Defendants motion to strike, or alternatively stay, Plaintiffs amended motion to conditionally certify a class is DENIED. (Doc. No. 61.)IT IS FURTHER ORDERED that Defendants motion (Doc. No. 26) to strikethe declarations of Penny Davenport and James Rachal filed in support of the initial motion for class certification shall be deemed to apply to the declarations of these individuals filed in support of the amended motion for class certification. IT IS FURTHER ORDERED that within 14 days of the date of the Memorandum and Order, the parties shall confer and submit to the Court, on or before August 24, 2012, a joint proposed Amended Case Management Order. In their joint submission, the parties shall advise the Court if a further scheduling conference is necessary.( Response to Court due by 8/24/2012.). Signed by District Judge Audrey G. Fleissig on 8/7/12. (JWJ)
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| Filing 67 MEMORANDUM in Opposition re #65 Second MOTION for Relief Tolling FLSA Statute of Limitations During Defendants' Extensions filed by Defendant Charter Communications, LLC. (Schroeder, Stanley) |
| Filing 66 MEMORANDUM in Opposition re #61 MOTION to Strike #58 MOTION to Certify Class filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 65 Second MOTION for Relief Tolling FLSA Statute of Limitations During Defendants' Extensions by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 64 REPLY to Response to Motion re #52 MOTION for Leave to File First Amended Complaint Plaintiffs' Reply Memorandum in Support of Their Motion for Leave to File First Amended Complaint filed by Plaintiff Penny Davenport. (Riggan, Russell) |
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Filing 63
Docket Text ORDER Re: #60 MOTION for Extension of Time to File ; Extension to file the following: Response to Plaintiffs' Amended Motion for Conditional Class Certification; Proposed extension date August 25, 2012 by Defendant Charter Communications, LLC (Morgan, Charles) filed by Charter Communications, LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on July 25, 2012. (SAA)
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| Filing 62 MEMORANDUM in Support of Motion re #61 MOTION to Strike #58 MOTION to Certify Class filed by Defendant Charter Communications, LLC. (Morgan, Charles) |
| Filing 61 MOTION to Strike #58 MOTION to Certify Class by Defendant Charter Communications, LLC. (Morgan, Charles) |
| Filing 60 MOTION for Extension of Time to File ;Extension to file the following: Response to Plaintiffs' Amended Motion for Conditional Class Certification ;Proposed extension date August 25, 2012 by Defendant Charter Communications, LLC. (Morgan, Charles) |
| Filing 59 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Victoria Miller (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 58 Plaintiffs' AMENDED COMBINED MOTION to Conditionally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice, and Memorandum in Support Thereof by Plaintiffs Justin Ansell, Penny Davenport, Jimmie III Floyd, Rita Gentry, LaShanda Hicks, Melody Locke, William Locke, Angela Nelson, Sandra Pothoof, James Rachal, Joshua Westmaas. (Attachments: #1 Exhibit 1 - Excerpt from Charter's Annual Statement, #2 Exhibit 2 - DOL Fact Sheet # 64, #3 Exhibit 3 (Part 1) - Plaintiff Declarations, #4 Exhibit 3 (Part 2) - Plaintiff Declarations, #5 Exhibit 3 (Part 3) - Plaintiff Declarations, #6 Exhibit 4 - Charter's "Ready to Work" Policy, #7 Exhibit 5 - Proposed Notice of Collective Action, #8 Exhibit 6 - Proposed Consent to Join Form)(NCL) Modified on 8/9/2012, removed termed date (NCL). |
| Filing 57 MEMORANDUM in Opposition re #52 MOTION for Leave to File First Amended Complaint filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit Exhibit A -)(Morgan, Charles) |
| Filing 56 Docket Text ORDER Re: #55 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Penny Davenport. (Attachments: # 1 Exhibit Proposed Combined Motion to Conditionally Cerify and Memorandum in Support, # 2 Exhibit Exhibit 1 to Motion - Excerpt from Charter's Annual Statement, # 3 Exhibit Exhibit 2 to Proposed Motion - DOL Fact Sheet # 64, # 4 Exhibit Exhibit 3 (Part 1) to Proposed Motion - Plaintiff Declarations, # 5 Exhibit Exhibit 3 (Part 2) to Proposed Motion - Plaintiff Declarations, # 6 Exhibit Exhibit 3 (Part 3) to Proposed Motion - Plaintiff Declarations, # 7 Exhibit Exhibit 4 - Charter's "Ready to Work" Policy, # 8 Exhibit Exhibit 5 to Proposed Motion - Proposed Notice of Collective Action, # 9 Exhibit Exhibit 6 to Proposed Motion - Proposed Consent to Join Form)(Potashnick, Mark) filed by Penny Davenport; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on July 16, 2012. (SAA) |
| Filing 55 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Proposed Combined Motion to Conditionally Cerify and Memorandum in Support, #2 Exhibit Exhibit 1 to Motion - Excerpt from Charter's Annual Statement, #3 Exhibit Exhibit 2 to Proposed Motion - DOL Fact Sheet # 64, #4 Exhibit Exhibit 3 (Part 1) to Proposed Motion - Plaintiff Declarations, #5 Exhibit Exhibit 3 (Part 2) to Proposed Motion - Plaintiff Declarations, #6 Exhibit Exhibit 3 (Part 3) to Proposed Motion - Plaintiff Declarations, #7 Exhibit Exhibit 4 - Charter's "Ready to Work" Policy, #8 Exhibit Exhibit 5 to Proposed Motion - Proposed Notice of Collective Action, #9 Exhibit Exhibit 6 to Proposed Motion - Proposed Consent to Join Form)(Potashnick, Mark) |
| Filing 54 NOTICE Filing Consent to Join FLSA Collective Action: by Plaintiff Justin Ansell (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 53 NOTICE Filing Consents to Join FLSA Collective Action: by Plaintiffs Jimmie III Floyd, LaShanda Hicks, Melody Locke, William Locke, Angela Nelson, Sandra Pothoof, Joshua Westmaas, Rita Gentry (Attachments: #1 Exhibit Exhibit 1 - Notice of Filing Consent to Join Forms)(Potashnick, Mark) |
| Filing 52 MOTION for Leave to File First Amended Complaint by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Proposed First Amended Complaint)(Potashnick, Mark) |
| Filing 51 ENTRY of Appearance by Samuel W. Moore for Plaintiffs Penny Davenport, James Rachal. (Moore, Samuel) |
| Filing 50 RESPONSE to Motion re #48 MOTION for Leave to File Memorandum in Opposition to Plaintiff's Notice of Additional Evidence in Support of Plaintiff's Motion for Conditional Certification filed by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 49 MOTION for Extension of Time to Amend Pleadings and Add Parties by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 48 MOTION for Leave to File Memorandum in Opposition to Plaintiff's Notice of Additional Evidence in Support of Plaintiff's Motion for Conditional Certification by Defendant Charter Communications, LLC. (Attachments: #1 Attachment Opposition to Plaintiff's Notice of Additional Evidence in Support of Plaintiff's Motion for Conditional Certification)(Morgan, Charles) |
| Filing 47 NOTICE Additional Evidence in Support of Plaintiffs' Motion for Conditional Certification: by Plaintiff Penny Davenport (Attachments: #1 Exhibit Declaration of Doug Geiger, #2 Exhibit Employee Handbook)(Riggan, Russell) |
| Filing 46 NOTICE Supplemental Authority in Support of Motion for tollig of the FLSA Statute of Limitations: by Plaintiff Penny Davenport (Attachments: #1 Exhibit Memorandum for Clerk)(Riggan, Russell) |
| Filing 45 CASE MANAGEMENT ORDER: SEE ORDER FOR COMPLETE DETAILS. This case is assigned to Track: 2 Motion to Join Parties due by 6/15/2012. Discovery Completion due by 3/15/2013. ADR Future Reference 8/31/2012. Dispositive Motions due by 4/15/2013. Jury Trial set for 9/9/2013 09:00 AM before Honorable Audrey G. Fleissig. Signed by Honorable Audrey G. Fleissig on 4/20/2012. (KSM) |
| Filing 44 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Rule 16 Conference held on 4/20/2012. Conference held in person. Case Management Order to issue. (FTR Gold: No.) (KSM) |
| Filing 43 RESPONSE in Opposition re #41 MOTION for Leave to File Surreply filed by Plaintiffs Penny Davenport, James Rachal. (Riggan, Russell) |
| Filing 42 JOINT SCHEDULING PLAN by Plaintiffs Penny Davenport, James Rachal. & Defendant Charter Communications. (Potashnick, Mark) |
| Filing 41 MOTION for Leave to File Surreply by Defendant Charter Communications, LLC. (Attachments: #1 Surreply to Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion to Certify a Collective Action and Facilitate Class Notice, #2 Appendix 1)(Schroeder, Stanley) |
| Filing 40 REPLY to Response to Motion re #26 MOTION to Strike Declarations of Penny Davenport and James Rachal filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit A)(Schroeder, Stanley) |
| Filing 39 REPLY to Response to Motion re #11 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] Defendant's Reply to Plaintiff's Opposition to Defendant's Objections to Plaintiff's Proposed Notice and Consent Form filed by Defendant Charter Communications, LLC. (Morgan, Charles) |
| Filing 38 MEMORANDUM Change of Address by Plaintiffs Penny Davenport, James Rachal. (Riggan, Russell) |
| Filing 37 REPLY to Response to Motion re #11 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] filed by Plaintiffs Penny Davenport, James Rachal. (Attachments: #1 Exhibit 7)(JWJ) |
| Filing 36 Docket Text ORDER Re: #35 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Penny Davenport, James Rachal (Attachments: # 1 Exhibit Proposed Reply Memorandum in Support of Plaintiffs' Motion for Conditional Certification, #(2) Exhibit Exhibit 7 to Plaintiff's Proposed Reply Memorandum)(Potashnick, Mark) filed by James Rachal, Penny Davenport; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on April 3, 2012. (SAA) |
| Filing 35 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Penny Davenport, James Rachal. (Attachments: #1 Exhibit Proposed Reply Memorandum in Support of Plaintiffs' Motion for Conditional Certification, #2 Exhibit Exhibit 7 to Plaintiff's Proposed Reply Memorandum)(Potashnick, Mark) |
| Filing 34 MEMORANDUM re #28 Notice (Other), Notice (Other), Notice (Other), Notice (Other) [PLAINTIFFS RESPONSES TO CHARTERS OBJECTIONS TO PLAINTIFFS PROPOSED NOTICE AND CONSENT FORM] by Plaintiffs Penny Davenport, James Rachal. (Potashnick, Mark) |
| Filing 33 MEMORANDUM in Opposition re #26 MOTION to Strike Declarations of Penny Davenport and James Rachal filed by Plaintiffs Penny Davenport, James Rachal. (Attachments: #1 Exhibit Exhibit 1 - Nicholson v. UTi Declaration, #2 Exhibit Exhibit 2 - Nicholson v. UTi Declaration, #3 Exhibit Exhibit 3 - Nicholson v. UTi Declaration)(Potashnick, Mark) |
| Filing 32 REPLY to Response to Motion re #24 MOTION for Relief for Tolling FLSA Statute of Limitations During Defendants' Extensions filed by Plaintiffs Penny Davenport, James Rachal. (Attachments: #1 Exhibit Exhibit 1 - Tolling Agreements in Simmons v. Enteprise)(Potashnick, Mark) |
| Filing 31 MEMORANDUM in Opposition To Plaintiffs' Motion To Certify A Collective Action and Facilitate Class Notice re #11 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D Ex 1-6, #5 Appendix D Ex 7-12, #6 Appendix D Ex 13-20, #7 Appendix D Ex 21-26, #8 Appendix D Ex 27-32, #9 Appendix D Ex 33-39, #10 Appendix D Ex 40-42)(MRC) |
| Filing 30 Docket Text ORDER Re: #29 MOTION for Leave to File in Excess of Page Limitation in Opposition to Plaintiff Motion for Conditional Class Certification by Defendant Charter Communications, LLC. (Attachments: # 1 Exhibit Opposition to Motion For Conditional Class Certification, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D Ex. 1-6, # 6 Appendix D Ex. 7 -12, # 7 Appendix D Ex 13 - 20, # 8 Appendix D Ex 21 - 26, # 9 Appendix D Ex 27 - 32, # 10 Appendix D Ex 33 - 39, # 11 Appendix D Ex 40 - 42)(Morgan, Charles) filed by Charter Communications, LLC; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on March 21, 2012. (SAA) |
| Filing 29 MOTION for Leave to File in Excess of Page Limitation in Opposition to Plaintiff Motion for Conditional Class Certification by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit Opposition to Motion For Conditional Class Certification, #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D Ex. 1-6, #6 Appendix D Ex. 7 -12, #7 Appendix D Ex 13 - 20, #8 Appendix D Ex 21 - 26, #9 Appendix D Ex 27 - 32, #10 Appendix D Ex 33 - 39, #11 Appendix D Ex 40 - 42)(Morgan, Charles) |
| Filing 28 NOTICE by Defendant Charter Communications, LLC re #11 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] of Objections to Plaintiff's Proposed Class Notice (Morgan, Charles) |
| Filing 27 MEMORANDUM in Support of Motion re #26 MOTION to Strike Declarations of Penny Davenport and James Rachal filed by Defendant Charter Communications, LLC. (Morgan, Charles) |
| Filing 26 MOTION to Strike Declarations of Penny Davenport and James Rachal by Defendant Charter Communications, LLC. (Morgan, Charles) Modified on 8/9/2012, removed termed date (NCL). |
| Filing 25 MEMORANDUM in Opposition re #24 MOTION for Relief for Tolling FLSA Statute of Limitations During Defendants' Extensions filed by Defendant Charter Communications, LLC. (Morgan, Charles) |
| Filing 24 MOTION for Relief for Tolling FLSA Statute of Limitations During Defendants' Extensions by Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 23 Docket Text ORDER: At the request of Plaintiffs, the Rule 16 Conference is rescheduled for Friday, April 20, 2012 at 1:00 p.m. The parties shall filed a proposed Joint Scheduling Plan no later than April 13, 2012. Signed by Honorable Audrey G. Fleissig on March 6, 2012. (SAA) |
| Filing 22 RULE 16 ORDER This case is assigned to Track: Standard Joint Scheduling Plan due by 4/16/2012. Rule 16 Conference set for 4/23/2012 02:00 PM before Honorable Audrey G. Fleissig.. Signed by Honorable Audrey G. Fleissig on 3/6/12. (JWJ) |
| Filing 21 Docket Text ORDER Re: Second MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Certify Class; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on March 6, 2012. (SAA) |
| Filing 20 Second MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] Second Unopposed Motion for an Extension of Time to Respond to Plaintiff's Combined Motion to Conditionally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice by Defendant Charter Communications, LLC. (Schroeder, Stanley) |
| Filing 19 REPLY to Response to Motion re #13 MOTION to Dismiss :Counts III, IV and V filed by Defendant Charter Communications, LLC. (Schroeder, Stanley) |
| Filing 18 RESPONSE to Motion re #13 MOTION to Dismiss :Counts III, IV and V filed by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - Employee Handbook Page)(Potashnick, Mark) |
| Filing 17 Docket Text ORDER Re: #16 MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLA SS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN S UPPORT THEREOF] Unopposed Motion by Defendant Charter Communications, LLC. (Schroeder, Stanley); ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on February 16, 2012. (SAA) |
| Filing 16 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] Unopposed Motion by Defendant Charter Communications, LLC. (Schroeder, Stanley) |
| Filing 15 Docket Text ORDER Re: #12 MOTION for Leave to Substitute Complete Declaration by Plaintiff Penny Davenport (Attachments: # 1 Exhibit Exhibit 3 - Davenport Declaration)(Potashnick, Mark) filed by Penny Davenport; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on February 13, 2012. (SAA) |
| Filing 14 MEMORANDUM in Support of Motion re #13 MOTION to Dismiss :Counts III, IV and V filed by Defendant Charter Communications, LLC. (Schroeder, Stanley) |
| Filing 13 MOTION to Dismiss :Counts III, IV and V by Defendant Charter Communications, LLC. (Schroeder, Stanley) |
| Filing 12 MOTION for Leave to Substitute Complete Declaration by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 3 - Davenport Declaration)(Potashnick, Mark) |
| Filing 11 MOTION to Certify Class [PLAINTIFFS COMBINED MOTION IN TO CONDITIONALLY CERTIFY CLASS, ORDER DISCLOSURE OF PUTATIVE CLASS MEMBERS NAMES AND CONTACT INFORMATION, AND TO FACILITATE CLASS NOTICE, AND MEMORANDUM IN SUPPORT THEREOF] by Plaintiff Penny Davenport. (Attachments: #1 Exhibit Exhibit 1 - DOL Fact Sheet # 64, #2 Exhibit Exhibit 2 - Employee Handbook Pages, #3 Exhibit Exhibit 3 - Davenport Declaration, #4 Exhibit Exhibit 4 - Rachal Declaration, #5 Exhibit Exhibit 5 - Proposed Notice, #6 Exhibit Exhibit 6 - Proposed Consent Form)(Potashnick, Mark) (Attachment 3 replaced on 2/14/2012 per the Docket Text Order (Doc. #15)) (NCL). |
| Filing 10 Docket Text ORDER Re: #9 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Defendant Charter Communications, LLC (Schroeder, Stanley) filed by Charter Communications, LLC. Signed by Honorable Audrey G. Fleissig on January 27, 2012. (SAA) |
| Filing 9 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Defendant Charter Communications, LLC. (Schroeder, Stanley) |
| Filing 8 ENTRY of Appearance by Toby J. Asel for Defendant Charter Communications, LLC. (Asel, Toby) |
| Filing 7 ENTRY of Appearance by Charles H. Morgan for Defendant Charter Communications, LLC. (Morgan, Charles) |
| Filing 6 ENTRY of Appearance by Stanley G. Schroeder for Defendant Charter Communications, LLC. (Schroeder, Stanley) |
| Filing 5 NOTICE Consent to Join FLSA Collective Action: by Plaintiff James Rachal (Attachments: #1 Exhibit Exhibit 1 - Consent to Join FLSA Collective Action)(Potashnick, Mark) |
| Filing 4 SUMMONS Returned Executed filed by Penny Davenport. Charter Communications, LLC served on 1/6/2012, answer due 1/27/2012. (Riggan, Russell) |
| Filing 3 ENTRY of Appearance by Mark A. Potashnick for Plaintiff Penny Davenport. (Potashnick, Mark) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Penny Davenport Process Server: Harmon Legal Process Service (Riggan, Russell) |
| Filing 1 COMPLAINT against defendant Charter Communications, LLC with receipt number 0865-3083325, in the amount of $350 Jury Demand,, filed by Penny Davenport. (Attachments: #1 Original Filing Form, #2 Civil Cover Sheet, #3 Summons)(Riggan, Russell) |
| Case Opening Notification 1 @ 21 days Summons(es) issued, Judge Assigned: Audrey G. Fleissig. The summons was emailed to russ@rigganlawfirm.com. (SAJ) |
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