White et al v. 14051 Manchester, Inc. et al
| Thelma White and Nicole Carroll |
| 14051 Manchester, Inc., 12154 Rock Road, Inc., 950-952 South Highway, LLC, 12644 Dorsett Road, LLC, 215 O'Fallon Place, LLC, 4021 Union, LLC, 1636 Country Club Plaza, Inc., Julie Volmert and Daniel Volmert |
| 4:2012cv00469 |
| March 14, 2012 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| John A. Ross |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
212
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is set for a JURY trial on February 23, 2015, at 9:00 a.m. This is a 2 week docket, and the parties are expected to be ready and available for trial on the first day of the docket and thereafter on twenty-four hours' notice. Pretrial Conference set for 2/19/2014 01:30 PM in Courtroom 12N before District Judge John A. Ross.. Signed by District Judge John A. Ross on 9/29/14. (JWD)
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Filing
207
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Certify Missouri and Illinois State Law Claims as a Class Action 138 , Defendant Daniel Volmert's Motion for Partial Summary Judgment 147 , Defendant Julie Volmerts Motion for Partial Summary Judgment 150 , Plaintiffs' Motion for Summary Judgment on Liability and Memorandum in Support 157 , and Defendants Combined Motion to Strike Affidavits and Memorandum in Support Thereof 169 are DENIED. IT IS FURTHER ORDERED that Defendants' Motion to Decertify Collective Class 145 is GRANTED. IT IS FURTHER ORDERED that Defendants' Motion to Strike and Exclude Expert Testimony 153 is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs& #039; Motion for Summary Judgment on Individual Liability of Daniel and Julie Volmert and Memorandum in Support 156 is GRANTED. For the foregoing reasons, the Court DECERTIFIES this matter as a collective action. It DISMISSES WITHOUT PREJUDICE t he claims of all opt-in plaintiffs, leaving before the Court the named plaintiffs who originated this action. Plaintiffs' counsel shall notify the opt-in plaintiffs that the collective action has been decertified and their FLSA claims are no longer pending before this Court. Signed by District Judge John A. Ross on 5/30/14. (JWD)
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Filing
206
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the trial date of May 5, 2014 is VACATED. The Court will hold a conference with the parties after it rules on the pending motions regarding setting a new trial and new deadlines for the parties to file their pretrial motions, if necessary. IT IS FURTHER ORDERED that the Joint Motion to Amend Case Management Order 205 is DENIED as moot. Signed by District Judge John A. Ross on 4/7/14. (JWD)
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Filing
200
MEMORANDUM AND ORDER re: 199 MOTION to Quash Plaintiffs' Motion to Quash Subpoena Duces Tecum and Memorandum in Support filed by Plaintiff Thelma White motion is GRANTED IN PART AND DENIED IN PART...SEE ORDER... Jury Trial set for 5/5/2014 09:00 AM in Courtroom 12N before District Judge John A. Ross., Pretrial Conference set for 5/1/2014 01:30 PM in Chambers before District Judge John A. Ross., Response to Court due by 1/24/2014. SEE ORDER FOR FURTHER DEADLINES AND DETAILS.. Signed by District Judge John A. Ross on 12/23/13. (LGK)
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Filing
197
MEMORANDUM AND ORDER - This matter is before the Court on Defendants' Motion to Strike Declaration of Joe Fuchs (ECF No. 162). The Court construes this as a motion to compel the deposition of Joe Fuchs. The Court grants the motion to compel the deposition of Joe Fuchs. Defendants are ordered to re-serve Mr. Fuchs no later than December 20, 2013 and to complete Mr. Fuchs' deposition no later than January 15, 2014. If Mr. Fuchs fails to appear for his deposition, then the Court will strike Mr. Fuchs' Declaration (ECF No. 140-61) and Mr. Fuchs will not be allowed to be a witness in this action. Signed by District Judge John A. Ross on 12/6/13. (LAH)
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Filing
195
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants' Motion to Strike Plaintiffs' Reply Memorandum in Support of Their Combined Motion to Strike Affidavits and Memorandum in Support Thereof 192 is DENIED. IT IS FURTHER ORDERED that Defendants shall have until Monday, November 25, 2013 to file a sur-response. Signed by District Judge John A. Ross on 11/19/13. (LAH)
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Filing
135
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion to Compel 122 and Defendants Motion for Sanctions for Failure to Comply with Discovery 124 are GRANTED, in part, and DENIED, in part. Defendants shall provide the documents outlined above within seven (7) days of the date of this Order. Likewise, Plaintiffs shall produce opt-in plaintiff Sasha Kline for deposition within (7) days. Signed by District Judge John A. Ross on 7/29/2013. (RAK)
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Filing
115
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Motion for Protective Order 105 is DENIED. Signed by District Judge John A. Ross on 5/2/13. (LAH)
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Filing
76
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Modify Memorandum and Order of Conditional Class Certification and Motion for Additional Time to Comply with Court Order 70 is GRANTED, in part.IT IS FURTHER ORDERED that the Court conditionally certifies a class of all current and former hourly-paid employees of Hotshots who shared in any tip pool for the period of three (3) years from the date of mailing notice.IT IS FURTHER ORDERED that Plaintiffs Thelma White and Nicole Carrollconditionally are authorized to act as class representatives. IT IS FURTHER ORDERED that Riggan Law Firm, LLC and Dashtaki Law Firm, LLC are authorized to act as class counsel. IT IS FURTHER ORDERED that the notice attached as Exhibit 4 4-4 to the Plaintiffs' Motion shall serve as notice in this case.IT IS FURTHER ORDERED that Defendants shall provide Plaintiffs attorneys with the names and current or last known mailing and email addresses of all non-franchisee employees who ma y be potential plaintiffs in this suit on or before December 17, 2012. IT IS FURTHER ORDERED that Plaintiffs shall mail and email the notice and Defendants shall post the notice in the breakrooms of all non-franchisee locations no later than January 17, 2013. That notice shall remain in the breakrooms for ninety (90) days. IT IS FINALLY ORDERED that, to the extent that Plaintiffs seek information related to franchisee employees, Plaintiffs Motion to Compel 58 is DENIED. Defendants are not requiredto respond to discovery requests regarding franchisee employees. Signed by District Judge John A. Ross on 12/18/12. (ARL)
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Filing
68
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Combined Motion to Conditionally Certify Class, Order Disclosure of Putative Class Members' Names and Contact Information, and to Facilitate Class Notice, and Memorandum in Suppor t 44 is GRANTED, in part, and the Court conditionally certifies a class of all current and former hourly-paid employees of Hotshots who shared in any tip pool for the period of three (3) years from the date of mailing notice. IT IS FURTHER ORDERED that Plaintiffs Thelma White and Nicole Carroll conditionally are authorized to act as class representatives. IT IS FURTHER ORDERED that Riggan Law Firm, LLC and Dashtaki Law Firm, LLC are authorized to act as class counsel. IT IS FURTHER ORDERED tha t the notice attached as Exhibit 44-4 to the Plaintiffs' Motion shall serve as notice in this case. IT IS FURTHER ORDERED that Defendants shall provide Plaintiffs' attorneys with thenames and current or last known mailing and email address es of all employees who may be potential plaintiffs in this suit on or before December 17, 2012. IT IS FURTHER ORDERED that Plaintiffs shall mail and email the notice and Defendants shall post the notice in the breakrooms no later than January 17, 2 013. That notice shall remain in the breakrooms for ninety (90) days. IT IS FURTHER ORDERED that Plaintiffs' Motion to Compel is DENIED, in part, and GRANTED, in part, as outlined above. Defendants shall supplement their discovery responses by December 17, 2012. Signed by District Judge John A. Ross on 11/30/12. (LAH)
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Filing
40
MEMORANDUM AND ORDER re: 34 IT IS HEREBY ORDERED that Motion to Dismiss First Amended Complaint or, in the Alternative, Motion for More Definite Statement (ECF No. 34 ) is DENIED. Signed by Honorable John A. Ross on 6/11/12. (ARL)
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