Boswell et al v. Panera Bread Company et al
Plaintiff: Mark Boswell, David Lutton and Vickie Snyder
Defendant: Panera Bread Company and Panera LLC
Case Number: 4:2014cv01833
Filed: October 29, 2014
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: Within US but Outside District
Presiding Judge: Audrey G Fleissig
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 1, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2018 Filing 321 SATISFACTION OF JUDGMENT re #320 Order,,, enteredin favor of Mark Boswell against Panera LLC by Mark Boswell. (Coffield, Timothy)
March 7, 2018 Opinion or Order Filing 320 ORDER...This matter is before the Court on the parties' joint Motion For Enforcement Order to Govern Execution of the Judgment ("Plaintiffs' Motion") (DN 316 & DN 317). The proposed order governs the timing, manner, and documentation of the execution of the Court's Final Judgment dated June 16, 2016 (DN 259), as amended by the Court's Order on Plaintiffs' Motion for Attorney Fees, Costs, and Service Awards (DN 290), and the Court's Order taxing certain costs against Panera (DN 285). The proposed order also governs the timing, manner, and documentation for the payment of post-judgment interest. The Court finds good cause for granting the motion. Accordingly, the Court hereby grants the Motion and orders as follows: [SEE ORDER FOR COMPLETE DETAILS.]. Signed by District Judge Audrey G. Fleissig on 3/7/2018. (NEP)
March 7, 2018 Opinion or Order Filing 319 ORDER... IT IS HEREBY ORDERED that Plaintiffs' original Motion for Enforcement Order is DENIED as moot. ECF No. #308 . Signed by District Judge Audrey G. Fleissig on 3/7/2018. (NEP)
March 5, 2018 Filing 318 NOTICE Certificate of Service of Sealed Document: by Plaintiff Mark Boswell re #317 Sealed Document Summary of Payments (Coffield, Timothy)
March 5, 2018 Filing 317 SEALED DOCUMENT re #316 Joint MOTION to Enforce Judgment Exhibit 1 Summary of Payments by Plaintiff Mark Boswell. (Coffield, Timothy)
March 5, 2018 Filing 316 Joint MOTION to Enforce Judgment by Plaintiff Mark Boswell. (Attachments: #1 Summary of Payments (to be filed under seal), #2 Text of Proposed Consent Order to Govern Execution of Judgment)(Coffield, Timothy)
February 28, 2018 Opinion or Order Filing 315 ORDER...IT IS HEREBY ORDERED that, on or before Monday, March 5, 2018, the parties shall file a joint proposed order with respect to Plaintiffs Motion for Enforcement Order to Govern Execution of Judgment (ECF No. 308), which reflects the parties agreement on the matters discussed with the undersigned during the February 27, 2018telephone conference. (Response to Court due by 3/5/2018.). Signed by District Judge Audrey G. Fleissig on 2/28/2018. (NEP)
February 21, 2018 Filing 314 ENTRY of Appearance by David L. Schenberg for Defendant Panera LLC. (Schenberg, David)
February 16, 2018 Filing 313 RESPONSE to Motion re #308 MOTION to Enforce Judgment and for Order to Govern Execution of Judgment filed by Defendants Panera Bread Company, Panera LLC. (Hulla, Patrick)
February 13, 2018 Opinion or Order Filing 312 Docket Text ORDER Re: #311 Consent Motion for Extension of Time to File Response/Reply as to #308 Motion to Enforce Judgment and for Order to Govern Execution of Judgment by Defendant Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 13, 2018. (SAA)
February 12, 2018 Filing 311 Consent MOTION for Extension of Time to File Response/Reply as to #308 MOTION to Enforce Judgment and for Order to Govern Execution of Judgment by Defendant Panera LLC. (Hulla, Patrick)
February 6, 2018 Filing 310 NOTICE by Plaintiff Mark Boswell re #309 Sealed Document Certificate of Service of Sealed Document (Coffield, Timothy)
February 6, 2018 Filing 309 SEALED DOCUMENT re #308 MOTION to Enforce Judgment and for Order to Govern Execution of Judgment Exhibit 1 Summary of Payments by Plaintiff Mark Boswell. (Coffield, Timothy)
February 6, 2018 Filing 308 MOTION to Enforce Judgment and for Order to Govern Execution of Judgment by Plaintiff Mark Boswell. (Attachments: #1 Summary of Payments (to be filed under seal), #2 Text of Proposed Order Proposed Order to Govern Execution of Judgment)(Coffield, Timothy)
January 29, 2018 Opinion or Order Filing 307 ORDER of USCA: Appellees shall recover from the appellants the sum of $287.85 (Two hundred eighty-seven dollars and eighty-five cents) as taxable costs on appeal. USCA Appeal #: 16-3230 (KCB)
January 29, 2018 Filing 306 MANDATE of USCA USCA #:16-3230 In accordance with the judgment and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. Appeal is Affirmed. (KCB)
January 5, 2018 Filing 305 OPINION from USCA re #297 Notice of Appeal, : USCA Appeal #: 16-3230 (KCB)
January 5, 2018 Filing 304 USCA JUDGMENT : This appeal from the United States District Court was submitted on the record of the district court, briefs of the parties and was argued by counsel. After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (KCB)
November 4, 2016 Filing 303 Initial Notification and or Briefing Schedule from USCA for #297 Notice of Appeal, filed by Panera LLC. USCA Appeal Number: 16-3230(KCB)
November 1, 2016 Filing 302 NOTIFICATION OF DESIGNATED CLERK'S RECORD regarding #114 Sealed Document, #172 Sealed Document, #57 Sealed Document, #142 Sealed Document, #63 Sealed Document, #285 Order (Financial), Memorandum & Order,,,, #139 Sealed Document, #62 Sealed Document, #185 Sealed Document, #284 Notice (Other), #116 Sealed Document, #113 Sealed Document, #203 Sealed Document,,,,, #159 Sealed Document,,,,,, #165 Sealed Document,,,,,, #169 Sealed Document, #115 Sealed Document, #292 Sealed Document, #119 Sealed Document, #170 Sealed Document, #101 Transcript,, #195 Sealed Document, #112 Sealed Document,,,,, #281 Sealed Document, #60 Sealed Document, #167 Sealed Document, #118 Sealed Document, #136 Sealed Document, #58 Sealed Document, #171 Sealed Document, #168 Sealed Document, #166 Sealed Document, #282 Sealed Document, #64 Disclosure of OrganizationalInterests Certificate, #196 Sealed Document, #287 Transcript,, #59 Sealed Document, #283 Sealed Document, #61 Sealed Document, #117 Sealed Document.. USCA Appellate Docket Number: 16-3230.(MFG)
October 27, 2016 Filing 301 Appeal BOND posted by Defendant Panera LLC (Attachments: #1 Letter) (KCB)
October 25, 2016 Filing 300 LETTER from USCA re #270 Notice of Appeal. USCA Appeal #: 16-3230. (BRP)
October 19, 2016 Opinion or Order Filing 299 ORDER... IT IS HEREBY ORDERED that Defendants' Motion for Stay of Judgment and for Approval of Supersedeas Bond is GRANTED. (Doc. No. #296 .) Defendants' proposed supersedeas bond (Doc. No. 296-1), in the amount of $4,827,327.00, is APPROVED. IT IS FURTHER ORDERED that, pursuant to Defendants request, Defendants shall have 10 days from the date of this Order to post the approved supersedeas bond. IT IS FURTHER ORDERED that the judgment entered on June 16, 2016 (Doc. No. #259 ) is STAYED pending resolution of Defendants' appeal to the Eighth Circuit Court of Appeals. Signed by District Judge Audrey G. Fleissig on 10/19/2016. (NEB)
October 14, 2016 Filing 298 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #104 Memorandum & Order,,,, #216 Memorandum & Order,,,,,, #285 Order (Financial), Memorandum & Order,,,, #290 Order on Motion for Attorney Fees,,, #259 Judgment - (Case),,,. Notice of Appeal filed on 10/13/2016 by Defendant Panera LLC. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(MFG)
October 13, 2016 Filing 297 AMENDED NOTICE OF APPEAL as to #104 Memorandum & Order,,,, #216 Memorandum & Order,,,,,, #285 Order (Financial), Memorandum & Order,,,, #290 Order on Motion for Attorney Fees,,, #259 Judgment - (Case),,, by Defendant Panera LLC. Filing fee $ 505, receipt number 0865-5629234. Modified on 10/14/2016 (BRP).
October 7, 2016 Filing 296 MOTION to Stay , MOTION for Bond by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit A - Bond)(Hulla, Patrick)
October 4, 2016 Opinion or Order Filing 294 ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion for approval of notice of allocation of class action judgment is GRANTED. (Doc. No. #291 .) Plaintiffs' proposed Notice of Allocation of Class Action Judgment (Doc. No. 291-1) is APPROVED and notice shall be disseminated to the class in the manner set forth in Plaintiffs' motion. IT IS FURTHER ORDERED that judgment having been entered and all postjudgment motions having been resolved, the Clerk of Court shall close this case. (Terminate Case). Signed by District Judge Audrey G. Fleissig on 10/4/2016. (NEB)
October 3, 2016 Filing 295 Exhibit Receipt by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Original exhibits mailed to Plaintiff's counsel.) (NEB)
September 20, 2016 Filing 293 NOTICE Certificate of Service of Sealed Document: by Plaintiff Mark Boswell re #292 Sealed Document (Coffield, Timothy)
September 20, 2016 Filing 292 SEALED DOCUMENT re #291 Response to Court Order, Exhibit 2 Individualized class member data to be included in proposed notice by Plaintiff Mark Boswell. (Coffield, Timothy)
September 20, 2016 Filing 291 MOTION FOR APPROVAL OF NOTICE OF ALLOCATION OF CLASS ACTION JUDGMENT Motion for Approval of Notice of Allocation of Class Action Judgment by Plaintiff Mark Boswell. (Attachments: #1 Proposed Notice of Allocation of Class Action Judgment, #2 Individualized class member data to be included in proposed notice)(Coffield, Timothy) Modified on 9/21/2016 (NEB).
September 19, 2016 Opinion or Order Filing 290 ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion (Doc. No. #265 ) for attorneys' fees, costs, and service awards is GRANTED in the following amounts, to be deducted from the total judgment amount: attorneys fees in the amount of $1,575,427; non-taxable costs in the amount of $30,167.22; and service awards in the amount of $20,000 to each of the three named Plaintiffs: Mark Boswell, David Lutton, and Vickie Snyder. IT IS FURTHER ORDERED that Plaintiffs shall promptly file a motion to approve a proposed notice to be distributed to the class, which reflects the awards granted above, with an exhibit to be attached to each individual class member's notice that reflects the class member's pro-rata share of the recovery in the form previously provided, but also including the class members percentage of total damages. Signed by District Judge Audrey G. Fleissig on 9/19/2016. (NEB)
September 16, 2016 Filing 289 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Fairness Hearing held on 9/16/2016. Parties present for a Fairness Hearing. The court hears argument from counsel. The court grants service awards to each of the plaintiffs. Order to issue. (Court Reporter:R. Fiorino) (FTR Gold: No) (KCB)
September 12, 2016 Filing 288 RESPONSE TO COURT ORDER re #266 Memorandum in Support of Motion, Supplemental Brief Regarding Service Awards by Plaintiff Mark Boswell. (Coffield, Timothy)
August 30, 2016 Filing 287 TRANSCRIPT of #206 (MOTION HEARING) held on 02/23/2016 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 9/20/2016. Redacted Transcript Deadline set for 9/30/2016. Release of Transcript Restriction set for 11/28/2016. (KCB)
August 19, 2016 Filing 286 Bill of Costs Taxed in amount of $ $5,578.64 against Panera, LLC (NEB)
August 19, 2016 Opinion or Order Filing 285 MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendants motion for bill of costs is DENIED. (Doc. No. #269 .) IT IS FURTHER ORDERED that Plaintiffs motion for bill of costs is GRANTED in part and DENIED in part, in accordance with the findings set forth above. (Doc. No. #268 .) IT IS FURTHER ORDERED that the Clerk of Court shall tax the following costs against Defendant Panera, LLC: Fees of the Clerk: $ 700.00 Fees for transcripts: $ 4,878.64 TOTAL: $ 5,578.64. Signed by District Judge Audrey G. Fleissig on 8/19/2016. (A copy of this Order was forwarded to Finance.) (NEB)
August 2, 2016 Filing 284 NOTICE Service of Sealed Documents: by Plaintiff Mark Boswell re #281 Sealed Document, #282 Sealed Document, #283 Sealed Document (Coffield, Timothy)
August 1, 2016 Filing 283 SEALED DOCUMENT re #278 Declaration, Ex. 4 Updated class list by Plaintiff Mark Boswell. (Coffield, Timothy)
August 1, 2016 Filing 282 SEALED DOCUMENT re #278 Declaration, Ex. 3 Class member data by Plaintiff Mark Boswell. (Coffield, Timothy)
August 1, 2016 Filing 281 SEALED DOCUMENT re #278 Declaration, Ex. 2 Class List by Plaintiff Mark Boswell. (Coffield, Timothy)
August 1, 2016 Opinion or Order Filing 280 Docket Text ORDER Re: #277 Motion for Leave to File Sealed Document by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on August 1, 2016. (SAA)
July 29, 2016 Filing 279 Initial Notification from USCA for #270 Notice of Appeal filed by Panera LLC. USCA Appeal Number: 16-3230. (BRP)
July 29, 2016 Filing 278 DECLARATION filed by Plaintiff Mark Boswell re 264 Docket Text Order, #262 Order, . (Attachments: #1 Notice of Motion for Attorney Fees, Costs, and Service Awards, #2 Class list, #3 Class member damages, interest, and estimated payments, #4 Updated class list)(Braud, Bert)
July 29, 2016 Filing 277 MOTION for Leave to File Sealed Document by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
July 28, 2016 Filing 276 REPLY to Response to Motion re #268 MOTION for Bill of Costs Plaintiffs Reply to Paneras Objections filed by Plaintiff Mark Boswell. (Coffield, Timothy)
July 28, 2016 Filing 275 Defendants' RESPONSE to Plaintiffs' Objections to Defendants' Bill of Costs re #272 Objection to Bill of Costs (Ds' Response to Ps' Objections to Ds' Bill of Costs) by Defendants Panera Bread Company, Panera LLC. (Oldvader, Jennifer) Modified docket text on 7/29/2016 (BRP).
July 26, 2016 Filing 274 TRANSCRIPT ORDER REQUEST for #206 (MOTION HEARING) by Panera Bread Company, Panera LLC for proceedings held on 02/23/2016 court reporter Patti Dunn Wecke before Judge Audrey G. Fleissig.. (Hulla, Patrick)
July 21, 2016 Filing 273 OBJECTION to #265 , #268 , #269 Bill of Costs by Plaintiffs filed by Defendants Panera Bread Company, Panera LLC. (Oldvader, Jennifer)
July 21, 2016 Filing 272 OBJECTION to #269 Bill of Costs filed by Plaintiff Mark Boswell. (Coffield, Timothy)
July 15, 2016 Filing 271 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #104 Memorandum & Order,,,, #216 Memorandum & Order,,,,,, #259 Judgment - (Case),,,. Notice of Appeal filed on 7/14/16 by Defendant Panera LLC. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JWD)
July 14, 2016 Filing 270 NOTICE OF APPEAL as to #104 Memorandum & Order,,,, #216 Memorandum & Order,,,,,, #259 Judgment - (Case),,, by Defendant Panera LLC. Filing fee $ 505, receipt number 0865-5491064.
July 7, 2016 Filing 269 MOTION for Bill of Costs with Memorandum Itemizing Costs by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Attachment, #2 Exhibit)(Oldvader, Jennifer)
July 6, 2016 Filing 268 MOTION for Bill of Costs by Plaintiff Mark Boswell. (Attachments: #1 Declaration of Counsel, #2 Documentation of Filing Fees, #3 Itemized Deposition Costs and Documentation of Deposition Costs)(Coffield, Timothy)
June 29, 2016 Opinion or Order Filing 267 ORDER: IT IS HEREBY ORDERED that, pursuant to Federal Rule of Civil Procedure 58(e), Plaintiffs' motion for attorneys' fees (Doc. No. #265 ) shall have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Federal Rule of Civil Procedure 59. Signed by District Judge Audrey G. Fleissig on June 29, 2016. (BRP)
June 24, 2016 Filing 266 MEMORANDUM in Support of Motion re #265 MOTION for Attorney Fees , Costs, and Service Awards filed by Plaintiff Mark Boswell. (Attachments: #1 Declaration of Tim Coffield, #2 Summary of Costs and Expenses Coffield PLC, #3 Declaration of Bert Braud, #4 Summary of Costs and Expenses Popham Law Firm)(Coffield, Timothy)
June 24, 2016 Filing 265 MOTION for Attorney Fees , Costs, and Service Awards by Plaintiff Mark Boswell. (Coffield, Timothy)
June 24, 2016 Opinion or Order Filing 264 Docket Text ORDER Re: #263 Motion to Amend/Correct #261 Response to Court Order Unopposed motion to amend costs figure in class notice by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on June 24, 2016. (SAA)
June 23, 2016 Filing 263 MOTION to Amend/Correct #261 Response to Court Order Unopposed motion to amend costs figure in class notice by Plaintiff Mark Boswell. (Attachments: #1 Proposed amended notice)(Coffield, Timothy)
June 21, 2016 Opinion or Order Filing 262 ORDER...IT IS HEREBY ORDERED that Plaintiffs' revised proposed Notice of Class Action Judgment and Motion for Attorneys Fees, Costs, and Service Awards (Doc. No. 261-1) is APPROVED, except as follows: (SEE ORDER FOR COMPLETE DETAILS.) (In Court Hearing set for 9/16/2016 10:30 AM in Courtroom 12S before District Judge Audrey G. Fleissig.). Signed by District Judge Audrey G. Fleissig on 6/21/2016. (NEB)
June 17, 2016 Filing 261 RESPONSE TO COURT ORDER re #260 Order,,,,, Revised Proposed Notice of Motion for Attorneys Fees, Costs, and Service Awards by Plaintiff Mark Boswell. (Attachments: #1 Revised Proposed Notice)(Coffield, Timothy)
June 16, 2016 Opinion or Order Filing 260 ORDER : IT IS HEREBY ORDERED that on or before June 17, 2016, Plaintiffs shall submit a revised proposed class notice of their request for attorneys fees, costs, and service awards. IT IS FURTHER ORDERED that upon review and approval of the proposed class notice, the Court will set a date for the filing of Plaintiffs motion for attorneys fees, costs, and incentive awards, and dissemination of class notice, pursuant to Federal Rules of Civil Procedure 23(h) and 54(d)(2). If Plaintiffs file their motion by that date and before any notice of appeal has been filed, pursuant to Federal Rule of Civil Procedure 58(e), such motion shall have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Federal Rule of Civil Procedure 59. IT IS FURTHER ORDERED that, in light of the above rulings, the Court will exercise its inherent authority to stay the execution of the judgment, wit hout bond,pending the disposition of Plaintiffs anticipated motion for attorneys fees, costs, and service awards. United States v. Mansion House Ctr. Redevelopment Co., 682 F. Supp. 446, 450 (E.D. Mo. 1988). However, with 14 days of resolution of Plaintiffs motion for attorneys fees, costs, and service awards, Defendant Panera LLC will be required to post a supersedeas bond to further stay execution of this judgment.. Signed by District Judge Audrey G. Fleissig on 06/16/2016. (KCB)
June 16, 2016 Opinion or Order Filing 259 JUDGMENT : IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment is entered on behalf of Plaintiffs and against Defendant Panera, LLC on Count I; on behalf of Defendant Panera Bread Company and against Plaintiffs on Count I; and on behalf of both Defendants and against Plaintiffs on Counts II, III, and IV of Plaintiffs amended complaint. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, with respect to the Judgment on behalf of Plaintiffs and against Defendant Panera, LLC on Count I: I. Parties: Plaintiffs are Mark Boswell, David Lutton, Vickie Snyder, and the following persons to whom notice was directed pursuant to Federal Rule of Civil Procedure 23(c)(2) who have not requested exclusion (SEE ORDER FOR COMPLETE DETAILS.) Signed by District Judge Audrey G. Fleissig on 06/16/2016. (KCB)
June 15, 2016 Filing 258 STIPULATION Joint Stipulation as to Damages and Prejudgment Interest by Plaintiff Mark Boswell. (Attachments: #1 Exhibit Class member data summary damages and interest)(Coffield, Timothy)
June 8, 2016 Filing 257 RESPONSE TO COURT ORDER Class damages and prejudgment interest as of 6/8/2016 by Plaintiff Mark Boswell. (Coffield, Timothy)
June 8, 2016 Filing 256 NOTICE by Defendants Panera Bread Company, Panera LLC of Defendants' Reponse to Plaintiffs' Prejudgment Interest Request (Oldvader, Jennifer)
June 1, 2016 Filing 255 RESPONSE TO COURT ORDER re #250 Order, #252 Response to Court Order, #253 Response to Court Order Reply to Paneras Opposition to Notice Plan by Plaintiff Mark Boswell. (Coffield, Timothy)
May 27, 2016 Filing 254 EXHIBIT to Doc. #253 by Defendants Panera Bread Company, Panera LLC. Amendment to #253 Response to Court Order Exhibit 1 to Doc. 253. (Oldvader, Jennifer) Modified docket text on 5/31/2016 (NEB).
May 27, 2016 Filing 253 RESPONSE TO COURT ORDER re #250 Order, #252 Response to Court Order, #251 Memorandum Opinion in Opposition by Defendants Panera Bread Company, Panera LLC. (Oldvader, Jennifer)
May 20, 2016 Filing 252 RESPONSE TO COURT ORDER re #250 Order, Motion for Approval of Notice Plan by Plaintiff Mark Boswell. (Attachments: #1 Proposed Notice)(Coffield, Timothy)
May 17, 2016 Opinion or Order Filing 251 MEMORANDUM OPINION... IT IS HEREBY ORDERED that judgment is entered on behalf of Defendants and against Plaintiffs on Count Four of Plaintiffs Amended Complaint. Signed by District Judge Audrey G. Fleissig on 5/17/2016. (NEB)
May 13, 2016 Opinion or Order Filing 250 ORDER : IT IS HEREBY ORDERED that on or before May 20, 2016, Plaintiffs shall file a copy of their proposed class notice of their request for attorneys fees, nontaxable costs, and incentive awards to be paid from the common-fund judgment. IT IS FURTHER ORDERED that Defendants shall have until May 27, 2016 to file any additional response in support of their scheduling position, based on Plaintiffs proposed notice. Signed by District Judge Audrey G. Fleissig on 05/13/2016. (KCB)
May 6, 2016 Filing 249 RESPONSE TO COURT ORDER re #247 Telephone Conference, Proposed Schedule for Completing Class Action Issues by Plaintiff Mark Boswell. (Coffield, Timothy)
May 6, 2016 Filing 248 RESPONSE TO COURT ORDER Defendants' Suggestions Regarding Scheduling of Class-Related Issues by Defendants Panera Bread Company, Panera LLC. (Oldvader, Jennifer)
April 28, 2016 Filing 247 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Telephone Conference held on 4/28/2016. Telephone conference regarding class action issues. Parties to submit case authority on or before May 6, 2016. (FTR Gold: No.) (BRP)
April 19, 2016 Filing 246 CLERKS Exhibit List as to Bench Trial. (KCB)
April 19, 2016 Filing 245 CLERKS WITNESS LIST as to Bench Trial. (KCB)
April 19, 2016 Filing 244 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Bench Trial completed on 4/20/2016. Opening statement of plaintiff and defendant made. Plaintiff's and Defendant's evidence commenced and concluded. Closing arguments of Counsel made. Case taken under Submission. (Court Reporter:P. Dunn Wecke.) (FTR Gold: No.)
April 18, 2016 Opinion or Order Filing 243 ORDER : Upon review of the record and following the final pretrial conference in this case held on the record on April 15, 2016, and for the reasons stated by the Court thereat, the Court sets forth its rulings on Defendants combined objections to Plaintiffs deposition designations and interrogatory answer list (Doc. No. 238) as follows: 1. Plaintiffs deposition designations: OVERRULED. The deposition testimony is reasonably within the scope of the 30(b)(6) designations, and the probative value is not outweighed by the prejudicial impact. 2. Defendants Second Amended Answers and Objections to Plaintiffs First Interrogatories to Defendant Number 10: OVERRULED, subject to reconsideration upon Defendants reassertion of their objection to the interrogatory answer at trial. Signed by District Judge Audrey G. Fleissig on 04/18/2016. (KCB)
April 15, 2016 Opinion or Order Filing 242 ORDER : Upon review of the record and following the final pretrial conference in this case held on the record on April 15, 2016, and for the reasons stated by the Court thereat, the Court sets forth its ruling on Defendants motion in limine (Doc. No. #235 ) as follows: 1. Testimony or evidence regarding Defendants CEO Ron Shaichs statements about Panera 2.0: DENIED. 2. Testimony from Plaintiffs regarding the impact of Panera 2.0 profit credits on their buyout payments: DENIED, subject to Plaintiffs laying proper foundation for such testimony. 3. Witnesses use of terms with independent legal significance, like unjust or benefit conferred: DENIED. 4. Defendants discovery objections: GRANTED. Signed by District Judge Audrey G. Fleissig on 4/15/2016. (KCB)
April 15, 2016 Filing 241 Deposition Designations by Plaintiff Mark Boswell.. (Attachments: #1 Notice of 30(b)(6) Deposition held on 3/25/15, #2 Panera 30(b)(6) Deposition dated 3/25/15 (designated parts highlighted), #3 Notice of 30(b)(6) Deposition held on 5/29/15, #4 Panera 30(b)(6) Deposition dated 5/29/15 (designated parts highlighted))(Coffield, Timothy)
April 15, 2016 Filing 240 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Pretrial Conference held on 4/15/2016. Parties present for a Pretrial Conference. Parties present statements. The Court ask Plaintiff to file several documents for review. Trial scheduled to begin Tuesday, April 19, 2016. (Court Reporter:S. Moran.) (FTR Gold: No.) (KCB)
April 13, 2016 Filing 239 RESPONSE in Opposition re #235 MOTION in Limine and Integrated Memorandum in Support filed by Plaintiff Mark Boswell. (Coffield, Timothy)
April 11, 2016 Filing 238 OBJECTION to Pretrial re #226 Deposition List, #224 Interrogatory Answer List by Defendants Panera Bread Company, Panera LLC. Related document: #226 Deposition List filed by Mark Boswell, #224 Interrogatory Answer List filed by Mark Boswell.(Dean, Justin)
April 11, 2016 Filing 237 OBJECTION to Pretrial re #230 Exhibit List by Defendants Panera Bread Company, Panera LLC. Related document: #230 Exhibit List filed by Mark Boswell.(Dean, Justin)
April 11, 2016 Filing 236 OBJECTION to Pretrial re #228 Exhibit List, #229 Interrogatory Answer List and Additional Designations by Plaintiff Mark Boswell. Related document: #228 Exhibit List filed by Panera LLC, Panera Bread Company, #229 Interrogatory Answer List filed by Panera LLC, Panera Bread Company. (Attachments: #1 Ex. 22, #2 Ex. 23)(Coffield, Timothy)
April 8, 2016 Filing 235 MOTION in Limine and Integrated Memorandum in Support by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
April 8, 2016 Opinion or Order Filing 234 MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that that Defendants' motion for reconsideration is DENIED. (Doc. No. #218 .). Signed by District Judge Audrey G. Fleissig on 4/8/2016. (NEB)
April 7, 2016 Filing 233 REPLY to Response to Motion re #218 MOTION for Reconsideration re #216 Memorandum & Order,,,,,, and Integrated Memorandum in Support, and Request for Expedited Briefing Regarding Same filed by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
April 4, 2016 Filing 232 Stipulation of Uncontested Facts by Plaintiff Mark Boswell. (Coffield, Timothy)
April 4, 2016 Filing 231 TRIAL BRIEF by Plaintiff Mark Boswell. (Coffield, Timothy)
April 4, 2016 Filing 230 Exhibit List Trial by Plaintiff Mark Boswell. (Coffield, Timothy)
April 4, 2016 Filing 229 Interrogatory Answer List by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
April 4, 2016 Filing 228 Exhibit List (Trial) by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
April 4, 2016 Filing 227 WITNESS LIST by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
April 4, 2016 Filing 226 Deposition List by Plaintiff Mark Boswell. (Attachments: #1 Panera 30(b)(6) Deposition Vol I (excerpts), #2 Panera 30(b)(6) Deposition Vol II (excerpts))(Coffield, Timothy)
April 4, 2016 Filing 225 Request for Admissions List by Plaintiff Mark Boswell. (Attachments: #1 Panera Responses to Second Request for Admissions)(Coffield, Timothy)
April 4, 2016 Filing 224 Interrogatory Answer List by Plaintiff Mark Boswell. (Attachments: #1 Panera Answers to First Interrogatories)(Coffield, Timothy)
April 4, 2016 Filing 223 WITNESS LIST by Plaintiff Mark Boswell. (Coffield, Timothy)
April 4, 2016 Filing 222 RESPONSE to Motion re #218 MOTION for Reconsideration re #216 Memorandum & Order,,,,,, and Integrated Memorandum in Support, and Request for Expedited Briefing Regarding Same Opposition to Motion to Reconsider filed by Plaintiff Mark Boswell. (Coffield, Timothy)
April 1, 2016 Opinion or Order Filing 221 ORDER : IT IS HEREBY ORDERED that Defendants motion to strike Plaintiffs jury demand is GRANTED, by agreement of the parties. (Doc. No. #211 .) IT IS FURTHER ORDERED that Defendants motion for a proposed trial plan is DENIED. (Doc. No. #197 .) Signed by District Judge Audrey G. Fleissig on 4/1/16. (KCB)
March 31, 2016 Filing 220 STIPULATION re #216 Memorandum & Order,,,,,, #217 Order,,,,,, Damages, Interest, Jury Waiver by Plaintiff Mark Boswell. (Attachments: #1 Exhibit, #2 Verification of Signed Original Document)(Coffield, Timothy)
March 31, 2016 Opinion or Order Filing 219 ORDER : IT IS HEREBY ORDERED that Plaintiffs response to Defendants motion (Doc. No. #218 ) shall be due on or before April 4, 2016, and any reply shall be due on or before April 7, 2016. Signed by District Judge Audrey G. Fleissig on 3/31/2016. (KCB)
March 30, 2016 Filing 218 MOTION for Reconsideration re #216 Memorandum & Order,,,,,, and Integrated Memorandum in Support, and Request for Expedited Briefing Regarding Same by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
March 25, 2016 Opinion or Order Filing 217 ORDER: IT IS HEREBY ORDERED that the parties shall confer and attempt to reach agreement as to the amount of damages and interest owed on Plaintiffs' classwide breach of contract claim against Panera, LLC and as to the waiver of a jury trial for all remaining claims. The parties shall advise the Court of their agreement or their respective positions on both of these issues or before March 31, 2016. If the parties are unable to reach agreement regarding prejudgment interest, they shall agree to a schedule for briefing the issue. IT IS FURTHER ORDERED that the deadline for pretrial filings is extended until April 4, 2016, with objections and any additional pretrial filings due on or before April 11, 2016. IT IS FURTHER ORDERED that the deadline for motions in limine to exclude evidence is extended until April 8, 2016, with responses due on or before April 13, 2016. IT IS FURTHER ORDERED that the Court shall hold a final pretrial conference on Friday, April 15, 2016 at 11:00 a.m. The conference shall begin in chambers. Trial counsel is required to attend and should be prepared to argue any Motions in Limine at that time. IT IS FURTHER ORDERED that the trial date of April 11, 2016 is RESCHEDULED for Tuesday, April 19, 2016 at 9:00 a.m. (Jury Trial set for 4/19/2016 09:00 AM in Courtroom 12S before District Judge Audrey G. Fleissig. Motion in Limine due by 4/8/2016. Pretrial Conference set for 4/15/2016 11:00 AM in Courtroom 12S before District Judge Audrey G. Fleissig. Pretrial Compliance due by 4/4/2016.) Signed by District Judge Audrey G. Fleissig on March 25, 2016. (BRP)
March 24, 2016 Opinion or Order Filing 216 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that that Defendants' motion for summary judgment is GRANTED in part and DENIED in part. Defendants' motion is GRANTED as to Plaintiffs' classwide breach of contract claim (Count I) against Panera Bread Company only, Plaintiffs' classwide fraud claim (Count II) against both Defendants, and named Plaintiffs Mark Boswell and David Lutton's individual fraud claims (Counts III) against both Defendants. The motion is DENIED as to Plaintiffs' classwide breach of contract claim (Count I) against Panera, LLC and as to Boswell and Lutton's individual unjust enrichment claims (Count IV) against both Defendants. (Doc. No. #133 .) IT IS FURTHER ORDERED that Plaintiffs' second amended motion for summary judgment on their classwide breach of contract claim (Count I) is GRANTED as to Plaintiffs' claim against Panera, LLC, and DENIED as to Plaintiffs' claim against Panera Bread Company. (Doc. No. #205 .) IT IS FURTHER ORDERED that, within seven (7) days of the date of this Order, the parties shall submit supplemental briefs regarding whether the parties stipulate as to the amount of damages on Plaintiffs' classwide breach of contract claim against Panera, LLC, or whether a trial on this issue is necessary. IT IS FURTHER ORDERED that Plaintiffs' original and first amended motions. for summary judgment on their classwide breach of contract claim (Count I) are DENIED as moot. (Doc. Nos. #108 & #173 .) IT IS FURTHER ORDERED that Plaintiffs' motion for summary judgment on Defendants' affirmative defenses is GRANTED. (Doc. No. #110 .) Signed by District Judge Audrey G. Fleissig on 3/24/16. (KXS)
March 22, 2016 Filing 215 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Telephone Conference held on 3/22/2016. (Court Reporter:N/A.) (FTR Gold: No.) (KCB)
March 22, 2016 Filing 214 ADR COMPLIANCE REPORT by Neutral: Sher, Richard P.. Date of Conference: March 21, 2016. The parties participated in good faith. The parties did not achieve a settlement.(Sher, Richard)
March 21, 2016 Filing 213 RESPONSE to Motion re #211 MOTION to Strike Plaintiffs' Jury Demand and Integrated Memorandum in Support filed by Plaintiff Mark Boswell. (Coffield, Timothy)
March 16, 2016 Opinion or Order Filing 212 Docket Text ORDER Re: #210 Joint Motion for Extension of: Time by Defendants Panera Bread Company, Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 16, 2016. (SAA)
March 14, 2016 Filing 211 MOTION to Strike Plaintiffs' Jury Demand and Integrated Memorandum in Support by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 1- Boswell Depo cites, #2 Exhibit 2- Lutton Depo Excerpts, #3 Exhibit 3- Snyder Depo Excerpts)(Dean, Justin)
March 14, 2016 Filing 210 Joint MOTION for Extension of: Time by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
March 4, 2016 Filing 209 BRIEF re #205 MOTION for Summary Judgment filed by Plaintiff Mark Boswell. (Attachments: #1 Exhibit)(Coffield, Timothy) Modified on 3/7/2016 (BRP).
March 4, 2016 Filing 208 SUPPLEMENTAL Brief re #205 MOTION for Summary Judgment filed by Defendants Panera Bread Company, Panera LLC. (Dean, Justin) Modified on 3/7/2016 (BRP).
February 25, 2016 Filing 207 REPLY to Response to Motion re #197 MOTION for Leave to Defendant's Motion and Integrated Memorandum in Support of Their Motion for Order Requiring Plaintiffs to Submit a Proposed Trial Plan filed by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
February 23, 2016 Filing 206 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: In Court Hearing held on 2/23/2016. Counsel presents arguments. The Court requests briefs due on March 4, 2016. (Court Reporter:Patti Dunn Wecke.) (FTR Gold: No.) (NEB)
February 15, 2016 Filing 204 RESPONSE to Motion re #197 MOTION for Leave to Defendant's Motion and Integrated Memorandum in Support of Their Motion for Order Requiring Plaintiffs to Submit a Proposed Trial Plan filed by Plaintiff Mark Boswell. (Egan, Dennis)
February 12, 2016 Filing 205 PLAINTIFFS' SECOND AMENDED MOTION FOR SUMMARY JUDGMENT ON THEIR BREACH OF CONTRACT CLAIM by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (NEB)
February 12, 2016 Filing 203 SEALED DOCUMENT re #112 Sealed Document,,,,, 201 Docket Text Order, #159 Sealed Document,,,,,, Amended Exhibit 1 and Exhibit 1 Supplement to Plaintiffs Motions for Summary Judgment by Plaintiff Mark Boswell. (Attachments: #1 JVGM 001, #2 JVGM 002, #3 JVGM 003, #4 JVGM 004, #5 JVGM 005, #6 JVGM 006, #7 JVGM 007, #8 JVGM 008, #9 JVGM 009, #10 JVGM 010, #11 JVGM 011, #12 JVGM 012, #13 JVGM 013, #14 JVGM 014, #15 JVGM 015, #16 JVGM 016, #17 JVGM 017, #18 JVGM 018, #19 JVGM 019, #20 JVGM 020, #21 JVGM 021, #22 JVGM 022, #23 JVGM 023, #24 JVGM 024, #25 JVGM 025, #26 JVGM 026, #27 JVGM 027, #28 JVGM 028, #29 JVGM 029, #30 JVGM 030, #31 JVGM 031, #32 JVGM 032, #33 JVGM 033, #34 JVGM 034, #35 JVGM 035, #36 JVGM 036, #37 JVGM 037, #38 JVGM 038, #39 JVGM 040, #40 JVGM 041, #41 JVGM 042, #42 JVGM 043, #43 JVGM 044, #44 JVGM 045, #45 JVGM 046, #46 JVGM 047, #47 JVGM 048, #48 JVGM 049, #49 JVGM 050, #50 JVGM 051 (Snyder), #51 JVGM 052, #52 JVGM 053, #53 JVGM 054, #54 JVGM 055, #55 JVGM 056, #56 JVGM 057, #57 JVGM 058, #58 JVGM 059, #59 JVGM 068, #60 JVGM 070, #61 JVGM 071, #62 JVGM 072, #63 JVGM 073, #64 JVGM 074, #65 JVGM 075, #66 Boswell, #67 Lutton)(Coffield, Timothy)
February 12, 2016 Opinion or Order Filing 202 Docket Text ORDER Re: #200 Motion for Leave to File Sealed Document Proposed Amended Exhibit 1 and Exhibit 1 Supplement to Plaintiffs Motions for Summary Judgment by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 12, 2016. (SAA)
February 12, 2016 Opinion or Order Filing 201 Docket Text ORDER Re: #199 Motion to Amend/Correct #159 Sealed Document #173 Motion for Summary Judgment, #112 Sealed Document #108 Motion for Partial Summary Judgment Breach of Contract (Count I) Unopposed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 12, 2016. (SAA)
February 12, 2016 Filing 200 MOTION for Leave to File Sealed Document Proposed Amended Exhibit 1 and Exhibit 1 Supplement to Plaintiffs Motions for Summary Judgment by Plaintiff Mark Boswell. (Coffield, Timothy)
February 12, 2016 Filing 199 MOTION to Amend/Correct #159 Sealed Document,,,,,, #173 MOTION for Summary Judgment, #112 Sealed Document,,,,, #108 MOTION for Partial Summary Judgment Breach of Contract (Count I) Unopposed by Plaintiff Mark Boswell. (Attachments: #1 Proposed Second Amended Motion for Summary Judgment on the Breach of Contract Claim (Count I))(Coffield, Timothy)
February 9, 2016 Filing 198 NOTICE Service of Sealed Documents: by Plaintiff Mark Boswell re #195 Sealed Document, #196 Sealed Document (Coffield, Timothy)
February 8, 2016 Filing 197 MOTION for Leave to Defendant's Motion and Integrated Memorandum in Support of Their Motion for Order Requiring Plaintiffs to Submit a Proposed Trial Plan by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
February 8, 2016 Filing 196 SEALED DOCUMENT re #193 Declaration Ex. 5 Updated Class List by Plaintiff Mark Boswell. (Braud, Bert)
February 8, 2016 Filing 195 SEALED DOCUMENT re #193 Declaration Ex. 2 Class List by Plaintiff Mark Boswell. (Braud, Bert)
February 7, 2016 Opinion or Order Filing 194 Docket Text ORDER: Re: #192 MOTION for Leave to File Sealed Document, filed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 7, 2016. (AGF)
February 5, 2016 Filing 193 DECLARATION filed by Plaintiff Mark Boswell . (Attachments: #1 Notice, #2 Class List, #3 Notice, #4 Opt-out request, #5 Updated Class List)(Braud, Bert)
February 5, 2016 Filing 192 MOTION for Leave to File Sealed Document by Plaintiff Mark Boswell. (Braud, Bert)
February 3, 2016 Opinion or Order Filing 191 ORDER... IT IS HEREBY ORDERED that Plaintiffs' motion to designate additional class counsel is GRANTED. (Doc. No. #190 .) Timothy Coffield is hereby designated as co-class counsel together with current class counsel, Dennis Egan and Bert Braud. Signed by District Judge Audrey G. Fleissig on 2/3/2016. (NEB)
February 2, 2016 Filing 190 MOTION to Amend/Correct #104 Memorandum & Order,,,, Motion to Designate Additional Class Counsel by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Attachments: #1 Exhibit Declaration of Timothy Coffield)(Egan, Dennis)
January 19, 2016 Filing 189 NOTICE by Sean Oriti opting out of class action lawsuit (KXS)
January 19, 2016 Opinion or Order Filing 188 Docket Text ORDER Re: #186 Motion for Leave to Appear Pro Hac Vice Timothy Lawrence Coffield by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on January 19, 2016. (SAA)
January 15, 2016 Receipt 4644054747 in the amount of $100.00 for PRO HAC VICE on behalf of Timothy Lawrence Coffield (CCAM)
January 15, 2016 Filing 187 MEMORANDUM in Support of Motion re #186 MOTION for Leave to Appear Pro Hac Vice Timothy Lawrence Coffield. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 54747) filed by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (NEB)
January 15, 2016 Filing 186 MOTION for Leave to Appear Pro Hac Vice Timothy Lawrence Coffield. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 54747) by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Attachments: #1 Certificate of Good Standing)(NEB)
January 15, 2016 Filing 185 SEALED DOCUMENT re #181 Reply to Response to Motion, Exhibit 6 by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
January 15, 2016 Opinion or Order Filing 184 Docket Text ORDER Re: #180 Motion for Leave to File Sealed Document (Exhibit) by Defendants Panera Bread Company, Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on January 15, 2016. (SAA)
January 15, 2016 Filing 183 SUPPLEMENTAL re #182 Reply to Response to Motion,, Exhibit 05 - Boswell Depo Excerpts by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
January 14, 2016 Filing 182 REPLY to Response to Motion re #133 MOTION for Summary Judgment (in Opposition to Plaintiff's Response to Panera's Statement of Material Facts) filed by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 01 - Simpson Depo Excerpts, #2 Exhibit 02 - Calaway Habeck 9-15-15 Depo Excerpts, #3 Exhibit 03 - Simpson Declaration, #4 Exhibit 04 - Ds' Response to P's 4th RFP, #5 Exhibit 06 - Lutton Depo Excerpts, #6 Exhibit 07 - Calaway Habeck 3-25-15 Depo Excerpts)(Dean, Justin)
January 14, 2016 Filing 181 REPLY to Response to Motion re #133 MOTION for Summary Judgment filed by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 01 - Simpson Depo Excerpts, #2 Exhibit 02 - Simpson Declaration, #3 Exhibit 03 - Calaway-Habeck 9-15-15 Depo Excerpts, #4 Exhibit 04 - Boswell Depo Excerpts, #5 Exhibit 05 - Lutton Depo Excerpts, #6 Exhibit 06 - (FILED UNDER SEAL) Store Hurdle Documents)(Dean, Justin)
January 14, 2016 Filing 180 MOTION for Leave to File Sealed Document (Exhibit) by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
January 14, 2016 Opinion or Order Filing 179 Docket Text ORDER Re: #178 Motion for Leave to File in Excess of Page Limitation for Reply in Support of Motion for Summary Judgment and Incorporated Suggestions in Support (Unopposed) by Defendants Panera Bread Company, Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on January 14, 2016. (SAA)
January 13, 2016 Filing 178 MOTION for Leave to File in Excess of Page Limitation for Reply in Support of Motion for Summary Judgment and Incorporated Suggestions in Support (Unopposed) by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
January 12, 2016 Opinion or Order Filing 177 ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion for a hearing on the parties' motions for summary judgment is GRANTED. (Doc. No. #176 .) Oral argument on the parties' motions for summary judgment (Doc. Nos. #108 , #110 , #133 & #173 ) is set for Tuesday, February 23, 2016 at 1:30 p.m. ( In Court Hearing set for 2/23/2016 01:30 PM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 1/12/2016. (NEB)
January 11, 2016 Filing 176 MOTION for Hearing on Motions for Summary Judgment by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Egan, Dennis)
January 8, 2016 Opinion or Order Filing 175 Docket Text ORDER Re: #174 Motion for Extension of Time to File the following: Defendant's Unopposed Motion for Extension of Time to File a Reply in Support of Their Motion for Summary Judgment; Proposed extension date January 14, 2016 by Defendants Panera Bread Company, Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on January 8, 2016. (SAA)
January 7, 2016 Filing 174 MOTION for Extension of Time to File ;Extension to file the following: Defendant's Unopposed Motion for Extension of Time to File a Reply in Support of Their Motion for Summary Judgment ;Proposed extension date January 14, 2016 by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
December 28, 2015 Filing 172 SEALED DOCUMENT re #163 Memorandum in Opposition to Motion,,,,,, #164 Response to Statement of Material Facts,,,,,, Exhibit 14 Employment dates and payment dates for all class members by Plaintiff Mark Boswell. (Egan, Dennis)
December 28, 2015 Filing 171 SEALED DOCUMENT re #163 Memorandum in Opposition to Motion,,,,,, #164 Response to Statement of Material Facts,,,,,, Exhibit 13 JVGM Program Overview 2011 by Plaintiff Mark Boswell. (Egan, Dennis)
December 28, 2015 Filing 170 SEALED DOCUMENT re #163 Memorandum in Opposition to Motion,,,,,, #164 Response to Statement of Material Facts,,,,,, Exhibit 6 Panera JVGM Buyout Report (template showing embedded formulas) by Plaintiff Mark Boswell. (Egan, Dennis)
December 28, 2015 Filing 169 SEALED DOCUMENT re #163 Memorandum in Opposition to Motion,,,,,, #164 Response to Statement of Material Facts,,,,,, Exhibit 5 Compensation Update PowerPoint by Plaintiff Mark Boswell. (Egan, Dennis)
December 28, 2015 Filing 168 SEALED DOCUMENT re #163 Memorandum in Opposition to Motion,,,,,, #164 Response to Statement of Material Facts,,,,,, Exhibit 4 Panera JVGM Buyout Report (template) by Plaintiff Mark Boswell. (Egan, Dennis)
December 28, 2015 Filing 167 SEALED DOCUMENT re #163 Memorandum in Opposition to Motion,,,,,, #164 Response to Statement of Material Facts,,,,,, Exhibit 3 Panera JVGM Compensation Plan (template) by Plaintiff Mark Boswell. (Egan, Dennis)
December 28, 2015 Filing 166 SEALED DOCUMENT re #163 Memorandum in Opposition to Motion,,,,,, #164 Response to Statement of Material Facts,,,,,, Exhibit 2 Panera JV GM Employment Agreement (template) by Plaintiff Mark Boswell. (Egan, Dennis)
December 28, 2015 Filing 165 SEALED DOCUMENT re #163 Memorandum in Opposition to Motion,,,,,, #164 Response to Statement of Material Facts,,,,,, List of all 68 class members and copies of JV GM Employment Agreements, JV GM Compensation Plans, and Buyout reports for all class members by Plaintiff Mark Boswell. (Attachments: #1 JVGM 001, #2 JVGM 002, #3 JVGM 003, #4 JVGM 004, #5 JVGM 005, #6 JVGM 006, #7 JVGM 007, #8 JVGM 008, #9 JVGM 009, #10 JVGM 010, #11 JVGM 011, #12 JVGM 012, #13 JVGM 013, #14 JVGM 014, #15 JVGM 015, #16 JVGM 016, #17 JVGM 017, #18 JVGM 018, #19 JVGM 019, #20 JVGM 020, #21 JVGM 021, #22 JVGM 022, #23 JVGM 023, #24 JVGM 024, #25 JVGM 025, #26 JVGM 026, #27 JVGM 027, #28 JVGM 028, #29 JVGM 029, #30 JVGM 030, #31 JVGM 031, #32 JVGM 032, #33 JVGM 033, #34 JVGM 034, #35 JVGM 035, #36 JVGM 036, #37 JVGM 037, #38 JVGM 038, #39 JVGM 039, #40 JVGM 040, #41 JVGM 041, #42 JVGM 042, #43 JVGM 043, #44 JVGM 044, #45 JVGM 045, #46 JVGM 046, #47 JVGM 047, #48 JVGM 048, #49 JVGM 049, #50 JVGM 050, #51 JVGM 051 (Snyder), #52 JVGM 052, #53 JVGM 053, #54 JVGM 054, #55 JVGM 055, #56 JVGM 056, #57 JVGM 057, #58 JVGM 058, #59 JVGM 059, #60 JVGM 068, #61 JVGM 070, #62 JVGM 071, #63 JVGM 072, #64 JVGM 073, #65 JVGM 074, #66 JVGM 075, #67 Boswell, #68 Lutton)(Egan, Dennis)
December 28, 2015 Filing 164 RESPONSE to Statement of Material Facts re #135 Statement of Material Facts, filed by Plaintiff Mark Boswell. (Attachments: #1 List of Class Members and Summary of Relevant Information, #2 Panera JVGM Employment Agreement (template), #3 Panera JVGM Compensation Plan (template), #4 Panera JVGM Buyout Report (template), #5 Compensation Update PowerPoint, #6 Panera JVGM Buyout Report (template showing formulas), #7 Boswell JVGM Agreement, Plan, and Buyout Report, #8 Lutton JVGM Agreement, Plan, and Buyout Report, #9 Snyder Agreement, Plan, and Buyout Reportd, #10 Panera Answers to First Interrogatories, #11 Panera Responses to First Request for Admissions, #12 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. I, dated 3/25/2015, #13 Panera JVGM Program Overview 2011, #14 Employment dates and payment dates for all class members, #15 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. II, dated 5/29/2015, #16 Panera Responses to Third RPD, #17 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. III, dated 9/15/2015, #18 Panera Responses to Second Request for Admissions, #19 Panera Answers to Third Interrogatories, #20 Notice of 30(b)(6) Deposition, #21 Declaration of Mark Boswell and Exhibit, #22 Declaration of Mike Understein and Exhibit, #23 Declaration of David Lutton and Exhibit, #24 Panera 2014 Form 10K (Excerpts), #25 Deposition of Hank Simpson, dated 12/9/2015, #26 Plaintiffs Rule 26(a) Supplemental Disclosures)(Egan, Dennis)
December 28, 2015 Filing 163 MEMORANDUM in Opposition re #133 MOTION for Summary Judgment filed by Plaintiff Mark Boswell. (Attachments: #1 List of Class Members and Summary of Relevant Information, #2 Panera JVGM Employment Agreement (template), #3 Panera JVGM Compensation Plan (template), #4 Panera JVGM Buyout Report (template), #5 Compensation Update PowerPoint, #6 Panera JVGM Buyout Report (template showing formulas), #7 Boswell JVGM Agreement, Plan, and Buyout Report, #8 Lutton JVGM Agreement, Plan, and Buyout Report, #9 Snyder Agreement, Plan, and Buyout Report, #10 Panera Answers to First Interrogatories, #11 Panera Responses to First Request for Admissions, #12 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. I, dated 3/25/2015, #13 Panera JVGM Program Overview 2011, #14 Employment dates and payment dates for all class members, #15 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. II, dated 5/29/2015, #16 Panera Responses to Third RPD, #17 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. III, dated 9/15/2015, #18 Panera Responses to Second Request for Admissions, #19 Panera Answers to Third Interrogatories, #20 Notice of 30(b)(6) Deposition, #21 Declaration of Mark Boswell and Exhibit, #22 Declaration of Mike Understein and Exhibit, #23 Declaration of David Lutton and Exhibit, #24 Panera 2014 Form 10K (Excerpts), #25 Deposition of Hank Simpson, dated 12/9/2015, #26 Plaintiffs Rule 26(a) Supplemental Disclosures)(Egan, Dennis)
December 28, 2015 Opinion or Order Filing 162 Docket Text ORDER: Re: #161 MOTION for Leave to File Sealed Document, filed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 28, 2015. (AGF)
December 27, 2015 Filing 161 MOTION for Leave to File Sealed Document by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Egan, Dennis)
December 23, 2015 Filing 173 PLAINTIFFS' AMENDED MOTION FOR SUMMARY JUDGMENTON THEIR BREACH OF CONTRACT CLAIM by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (NEB)
December 23, 2015 Opinion or Order Filing 160 Docket Text ORDER: Re: #154 MOTION to Amend/Correct #112 Sealed Document #108 MOTION for Partial Summary Judgment Breach of Contract (Count I) Unopposed, filed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 23, 2015. (AGF)
December 23, 2015 Filing 159 SEALED DOCUMENT re #112 Sealed Document,,,,, #109 Memorandum in Support of Motion,,,,, #111 Memorandum in Support of Motion,,,,, #154 MOTION to Amend/Correct #112 Sealed Document,,,,, #108 MOTION for Partial Summary Judgment Breach of Contract (Count I) Unopposed by Plaintiff Mark Boswell. (Attachments: #1 JVGM 001, #2 JVGM 002, #3 JVGM 003, #4 JVGM 004, #5 JVGM 005, #6 JVGM 006, #7 JVGM 007, #8 JVGM 008, #9 JVGM 009, #10 JVGM 010, #11 JVGM 011, #12 JVGM 012, #13 JVGM 013, #14 JVGM 014, #15 JVGM 015, #16 JVGM 016, #17 JVGM 017, #18 JVGM 018, #19 JVGM 019, #20 JVGM 020, #21 JVGM 021, #22 JVGM 022, #23 JVGM 023, #24 JVGM 024, #25 JVGM 025, #26 JVGM 026, #27 JVGM 027, #28 JVGM 028, #29 JVGM 029, #30 JVGM 030, #31 JVGM 031, #32 JVGM 032, #33 JVGM 033, #34 JVGM 034, #35 JVGM 035, #36 JVGM 036, #37 JVGM 037, #38 JVGM 038, #39 JVGM 039, #40 JVGM 040, #41 JVGM 041, #42 JVGM 042, #43 JVGM 043, #44 JVGM 044, #45 JVGM 045, #46 JVGM 046, #47 JVGM 047, #48 JVGM 048, #49 JVGM 049, #50 JVGM 050, #51 JVGM 051 (Snyder), #52 JVGM 052, #53 JVGM 053, #54 JVGM 054, #55 JVGM 055, #56 JVGM 056, #57 JVGM 057, #58 JVGM 058, #59 JVGM 059, #60 JVGM 068, #61 JVGM 070, #62 JVGM 071, #63 JVGM 072, #64 JVGM 073, #65 JVGM 074, #66 JVGM 075, #67 Boswell, #68 Lutton)(Egan, Dennis)
December 23, 2015 Opinion or Order Filing 158 Docket Text ORDER: Re: #157 MOTION for Leave to File as Sealed Documents Proposed Amended Exhibit 1 and Exhibit 1 Supplement to Plaintiffs' Motions for Summary Judgment, filed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 23, 2015. (AGF)
December 23, 2015 Filing 157 MOTION for Leave to File Sealed Document Proposed Amended Exhibit 1 and Exhibit 1 Supplement to Plaintiffs Motions for Summary Judgment by Plaintiff Mark Boswell. (Egan, Dennis)
December 22, 2015 Opinion or Order Filing 156 Docket Text ORDER: Re: #155 MOTION for Leave to File in Excess of Page Limitation, filed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig. (AGF)
December 22, 2015 Filing 155 MOTION for Leave to File in Excess of Page Limitation Unopposed by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Egan, Dennis)
December 22, 2015 Filing 154 MOTION to Amend/Correct #112 Sealed Document,,,,, #108 MOTION for Partial Summary Judgment Breach of Contract (Count I) Unopposed by Plaintiff Mark Boswell. (Attachments: #1 Proposed Amended Motion for Summary Judgment on the Breach of Contract Claim (Count I))(Egan, Dennis)
December 21, 2015 Opinion or Order Filing 153 ORDER: IT IS HEREBY ORDERED that the Final Proposed Notice of Class Action submitted by the parties (Doc. No. 152-1) is APPROVED. Signed by District Judge Audrey G. Fleissig on December 21, 2015. (BRP)
December 18, 2015 Filing 152 NOTICE Final Proposed Notice of Class Action: by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder (Attachments: #1 Exhibit Final Proposed Notice of Class Action)(Egan, Dennis)
December 14, 2015 Filing 151 REPLY to Response to Motion re #110 MOTION for Partial Summary Judgment Affirmative Defenses Reply to Paneras Counter Statement of Facts (Affirmative Defenses)" (DN 141) filed by Plaintiff Mark Boswell. (Egan, Dennis)
December 14, 2015 Filing 150 REPLY to Response to Motion re #110 MOTION for Partial Summary Judgment Affirmative Defenses filed by Plaintiff Mark Boswell. (Attachments: #1 List of Class Members and Summary of Relevant Information, #2 Panera JVGM Employment Agreement (template), #3 Panera JVGM Compensation Plan (template), #4 Panera JVGM Buyout Report (template), #5 Compensation Update PowerPoint, #6 Panera JVGM Buyout Report (template showing formulas), #7 Boswell JVGM Agreement, Plan, and Buyout Report, #8 Lutton JVGM Agreement, Plan, Buyout Report, #9 Snyder Agreement, Plan, Buyout Reportyder Agreement, Plan, Buyout Report, #10 Panera Answers to First Interrogatories, #11 Panera Responses to First Request for Admissions, #12 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. I, dated 3/25/2015, #13 Panera JVGM Program Overview 2011, #14 Employment dates and payment dates for all class members, #15 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. II, dated 5/29/2015, #16 Panera Responses to Third RPD, #17 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. III, dated 9/15/2015, #18 Panera Responses to Second Request for Admissions, #19 Panera Answers to Third Interrogatories, #20 Notice of 30(b)(6) Deposition, #21 Deposition of Mark Boswell, dated 3/26/2015 (excerpts), #22 Declaration of Mike Understein, dated 5/20/2015)(Egan, Dennis)
December 14, 2015 Filing 149 REPLY to Response to Motion re #108 MOTION for Partial Summary Judgment Breach of Contract (Count I) Reply to Paneras Counter Statement of Facts (DN 138) filed by Plaintiff Mark Boswell. (Egan, Dennis)
December 14, 2015 Filing 148 REPLY to Response to Motion re #108 MOTION for Partial Summary Judgment Breach of Contract (Count I) filed by Plaintiff Mark Boswell. (Attachments: #1 List of Class Members and Summary of Relevant Information, #2 Panera JVGM Employment Agreement (template), #3 Panera JVGM Compensation Plan (template), #4 Panera JVGM Buyout Report (template), #5 Compensation Update PowerPoint, #6 Panera JVGM Buyout Report (template showing formulas), #7 Boswell JVGM Agreement, Plan, and Buyout Report, #8 Lutton JVGM Agreement, Plan, Buyout Report, #9 Snyder Agreement, Plan, Buyout Report, #10 Panera Answers to First Interrogatories, #11 Panera Responses to First Request for Admissions, #12 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. I, dated 3/25/2015, #13 Panera JVGM Program Overview 2011, #14 Employment dates and payment dates for all class members, #15 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. II, dated 5/29/2015, #16 Panera Responses to Third RPD, #17 30(b)(6) Deposition of Jaynanne Calaway-Habeck, Vol. III, dated 9/15/2015, #18 Panera Responses to Second Request for Admissions, #19 Panera Answers to Third Interrogatories, #20 Notice of 30(b)(6) Deposition, #21 Deposition of Mark Boswell, dated 3/26/2015 (excerpts), #22 Declaration of Mike Understein, dated 5/20/2015)(Egan, Dennis)
December 11, 2015 Opinion or Order Filing 147 Docket Text ORDER: Re: #146 MOTION for Leave to File in Excess of Page Limitation Unopposed, filed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 11, 2015. (AGF)
December 10, 2015 Filing 146 MOTION for Leave to File in Excess of Page Limitation Unopposed by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Egan, Dennis)
December 4, 2015 Filing 145 MANDATE of USCA. USCA Appeal #: 15-8022.(KCB)
December 4, 2015 Filing 144 JUDGMENT of USCA. USCA Appeal #: 15-8022 (KCB)
December 1, 2015 Opinion or Order Filing 143 MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants motion to stay is DENIED. (Doc. No. #121 ) Signed by District Judge Audrey G. Fleissig on 12/01/2015. (KCB)
November 30, 2015 Filing 142 SEALED DOCUMENT re #141 Response in Opposition to Motion,, #140 Response in Opposition to Motion, 132 Docket Text Order by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 3, #2 Exhibit 10, #3 Exhibit 13)(Oldvader, Jennifer)
November 30, 2015 Filing 141 RESPONSE in Opposition re #110 MOTION for Partial Summary Judgment Affirmative Defenses to Plaintiffs' Statement of Undisputed Material Facts filed by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 sealed, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 sealed, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 sealed, #14 Exhibit 14)(Oldvader, Jennifer)
November 30, 2015 Filing 140 RESPONSE in Opposition re #110 MOTION for Partial Summary Judgment Affirmative Defenses (Plaintiffs' Memorandum in Support of) filed by Defendants Panera Bread Company, Panera LLC. (Oldvader, Jennifer)
November 30, 2015 Filing 139 SEALED DOCUMENT re #138 Response in Opposition to Motion, 132 Docket Text Order, #137 Memorandum in Opposition to Motion by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 3, #2 Exhibit 10)(Oldvader, Jennifer)
November 30, 2015 Filing 138 RESPONSE in Opposition re #108 MOTION for Partial Summary Judgment Breach of Contract (Count I) Response to Plaintiffs' Statement of Undisputed Material Facts filed by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 sealed, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 sealed, #11 Exhibit 11, #12 Exhibit 12)(Oldvader, Jennifer)
November 30, 2015 Filing 137 MEMORANDUM in Opposition re #108 MOTION for Partial Summary Judgment Breach of Contract (Count I) filed by Defendants Panera Bread Company, Panera LLC. (Oldvader, Jennifer)
November 30, 2015 Filing 136 SEALED DOCUMENT re #134 Memorandum in Support of Motion, #135 Statement of Material Facts, 132 Docket Text Order by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 3, #2 Exhibit 10, #3 Exhibit 14)(Dean, Justin)
November 30, 2015 Filing 135 STATEMENT of Material Facts re #133 MOTION for Summary Judgment filed by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (sealed), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 (sealed), #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 (sealed))(Dean, Justin)
November 30, 2015 Filing 134 MEMORANDUM in Support of Motion re #133 MOTION for Summary Judgment filed by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
November 30, 2015 Filing 133 MOTION for Summary Judgment by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
November 30, 2015 Opinion or Order Filing 132 Docket Text ORDER Re: #131 Motion for Leave to File Exhibits Under Seal by Defendants Panera Bread Company, Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 30, 2015. (SAA)
November 30, 2015 Filing 131 MOTION for Leave to File Exhibits Under Seal by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
November 25, 2015 Opinion or Order Filing 130 Docket Text ORDER Re: #129 Motion for Leave to File in Excess of Page Limitation for Their Memorandum in Support of Their Motion for Summary Judgment by Defendants Panera Bread Company, Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 25, 2015. (SAA)
November 24, 2015 Filing 129 MOTION for Leave to File in Excess of Page Limitation for Their Memorandum in Support of Their Motion for Summary Judgment by Defendants Panera Bread Company, Panera LLC. (Oldvader, Jennifer)
November 23, 2015 Filing 128 REPLY to Response to Motion re #121 MOTION to Stay and for Expedited Consideration filed by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
November 13, 2015 Filing 127 MEMORANDUM in Opposition re #121 MOTION to Stay and for Expedited Consideration filed by Plaintiff Mark Boswell. (Egan, Dennis)
November 11, 2015 Filing 126 NOTICE Joint Notice of Filing: by Defendants Panera Bread Company, Panera LLC (Attachments: #1 Exhibit Notice of Class Action)(Dean, Justin)
November 9, 2015 Filing 125 Initial Notification from USCA re. Permission to Appeal. USCA Appeal #: 15-8022. (BRP)
November 6, 2015 Opinion or Order Filing 124 Docket Text ORDER Re: #123 Joint Motion for Extension of Time to File the following: proposed class notice; Proposed extension date November 11, 2015 by Defendants Panera Bread Company, Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 6, 2015. (SAA)
November 6, 2015 Filing 123 Joint MOTION for Extension of Time to File ;Extension to file the following: proposed class notice ;Proposed extension date November 11, 2015 by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
November 6, 2015 Filing 122 MEMORANDUM in Support of Motion re #121 MOTION to Stay and for Expedited Consideration filed by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
November 6, 2015 Filing 121 MOTION to Stay and for Expedited Consideration by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
October 30, 2015 Opinion or Order Filing 120 ORDER denying #102 Motion to Compel( Discovery Completion due by 11/13/2015., Dispositive Motions due by 11/30/2015.); granting in part and denying in part #105 Motion for Extension of Time to File. IT IS HEREBY ORDERED that Plaintiffs second motion to compel discovery is DENIED, with the understanding that Defendants will produce the requested discovery within fourteen (14) days of the date of this Order. (Doc. No. #102 .) IT IS FURTHER ORDERED that Defendants motion for extension of the dispositive motion deadline is GRANTED in part, as set forth below. (Doc. No. #105 .) Any dispositive motions must be filed no later than November 30, 2015. Opposition briefs shall be filed no later than twenty-eight (28) days after any such motion is filed, and any reply may be filed no later than fourteen (14) days thereafter. Except as set forth above, the Case Management Order previously entered shall remain in effect. Signed by District Judge Audrey G. Fleissig on 10/30/2015. (KCB)
October 29, 2015 Filing 119 SEALED DOCUMENT re #111 Memorandum in Support of Motion,,,,, #109 Memorandum in Support of Motion,,,,, Exhibit 14 List of employment dates and payment dates for all class members by Plaintiff Mark Boswell. (Egan, Dennis)
October 29, 2015 Filing 118 SEALED DOCUMENT re #111 Memorandum in Support of Motion,,,,, #109 Memorandum in Support of Motion,,,,, Exhibit 13 Panera JV GM Program Overview 2011 by Plaintiff Mark Boswell. (Egan, Dennis)
October 29, 2015 Filing 117 SEALED DOCUMENT re #111 Memorandum in Support of Motion,,,,, #109 Memorandum in Support of Motion,,,,, Exhibit 6 Panera JV GM Buyout Report Formulas by Plaintiff Mark Boswell. (Egan, Dennis)
October 29, 2015 Filing 116 SEALED DOCUMENT re #111 Memorandum in Support of Motion,,,,, #109 Memorandum in Support of Motion,,,,, Exhibit 5 Panera JV GM Compensation Update PowerPoint by Plaintiff Mark Boswell. (Egan, Dennis)
October 29, 2015 Filing 115 SEALED DOCUMENT re #111 Memorandum in Support of Motion,,,,, #109 Memorandum in Support of Motion,,,,, Exhibit 4 Panera JV GM Buyout Report (template) by Plaintiff Mark Boswell. (Egan, Dennis)
October 29, 2015 Filing 114 SEALED DOCUMENT re #111 Memorandum in Support of Motion,,,,, #109 Memorandum in Support of Motion,,,,, Exhibit 3 Panera JV GM Compensation Plan (template) by Plaintiff Mark Boswell. (Egan, Dennis)
October 29, 2015 Filing 113 SEALED DOCUMENT re #111 Memorandum in Support of Motion,,,,, #109 Memorandum in Support of Motion,,,,, Exhibit 2 Panera JV GM Employment Agreement (template) by Plaintiff Mark Boswell. (Egan, Dennis)
October 29, 2015 Filing 112 SEALED DOCUMENT re #109 Memorandum in Support of Motion,,,,, #111 Memorandum in Support of Motion,,,,, Exhibit 1 and Exhibit 1 Supplement by Plaintiff Mark Boswell. (Attachments: #1 JVGM 001, #2 JVGM 002, #3 JVGM 003, #4 JVGM 004, #5 JVGM 005, #6 JVGM 006, #7 JVGM 007, #8 JVGM 008, #9 JVGM 009, #10 JVGM 010, #11 JVGM 011, #12 JVGM 012, #13 JVGM 013, #14 JVGM 014, #15 JVGM 015, #16 JVGM 016, #17 JVGM 017, #18 JVGM 018, #19 JVGM 019, #20 JVGM 020, #21 JVGM 021, #22 JVGM 022, #23 JVGM 023, #24 JVGM 024, #25 JVGM 025, #26 JVGM 026, #27 JVGM 027, #28 JVGM 028, #29 JVGM 029, #30 JVGM 030, #31 JVGM 031, #32 JVGM 032, #33 JVGM 033, #34 JVGM 034, #35 JVGM 035, #36 JVGM 036, #37 JVGM 037, #38 JVGM 038, #39 JVGM 039, #40 JVGM 040, #41 JVGM 041, #42 JVGM 042, #43 JVGM 043, #44 JVGM 044, #45 JVGM 045, #46 JVGM 046, #47 JVGM 047, #48 JVGM 048, #49 JVGM 049, #50 JVGM 050, #51 JVGM 051 (Snyder), #52 JVGM 052, #53 JVGM 053, #54 JVGM 054, #55 JVGM 055, #56 JVGM 056, #57 JVGM 057, #58 JVGM 058, #59 JVGM 059, #60 JVGM 070, #61 JVGM 071, #62 JVGM 072, #63 JVGM 073, #64 JVGM 074, #65 JVGM 075, #66 Boswell, #67 Lutton)(Egan, Dennis)
October 29, 2015 Filing 111 MEMORANDUM in Support of Motion re #110 MOTION for Partial Summary Judgment Affirmative Defenses filed by Plaintiff Mark Boswell. (Attachments: #1 List of class members and summary of underlying data, #2 Panera JV GM Employment Agreement (template), #3 Panera JV GM Compensation Plan (template), #4 Panera JV GM Buyout Report (template), #5 Panera JV GM Compensation Update PowerPoint, #6 Panera JV GM Buyout Report Formulas, #7 Boswell JV GM Agreement, Compensation Plan, and Buyout Report, #8 Lutton JV GM Agreement, Compensation Plan, and Buyout Report, #9 Snyder JV GM Agreement, Compensation Plan, and Buyout Report, #10 Panera Answers to First Interrogatories, #11 Panera Responses to First Request for Admissions, #12 30(b)(6) Deposition of Jaynanne Calaway-Habeck Vol. I (3/25/15), #13 JV GM Program Overview 2011, #14 List of employment dates and payment dates for all class members, #15 30(b)(6) Deposition of Jaynanne Calaway-Habeck Vol. II (5/29/15), #16 Panera Responses to Third Request for Production of Documents, #17 30(b)(6) Deposition of Jaynanne Calaway-Habeck Vol. III (9/15/15), #18 Panera Responses to Second Request for Admissions, #19 Panera Answers to Third Interrogatories, #20 Notice of 30(b)(6) Deposition (4/28/15))(Egan, Dennis)
October 29, 2015 Filing 110 MOTION for Partial Summary Judgment Affirmative Defenses by Plaintiff Mark Boswell. (Egan, Dennis)
October 29, 2015 Filing 109 MEMORANDUM in Support of Motion re #108 MOTION for Partial Summary Judgment Breach of Contract (Count I) filed by Plaintiff Mark Boswell. (Attachments: #1 List of class members and summary of underlying data, #2 Panera JV GM Employment Agreement (template), #3 Panera JV GM Compensation Plan (template), #4 Panera JV GM Buyout Report (template), #5 Panera Compensation Update PowerPoint, #6 Panera JV GM Buyout Report Formulas, #7 Boswell JV GM Agreement, Compensation Plan, and Buyout Report, #8 Lutton JV GM Agreement, Compensation Plan, and Buyout Report, #9 Snyder JV GM Agreement, Compensation Plan, and Buyout Report, #10 Panera Answers to First Interrogatories, #11 Panera Responses to First Request for Admissions, #12 30(b)(6) Deposition of Jaynanne Calaway-Habeck Vol. I (3/25/15), #13 JV GM Program Overview 2011, #14 List of employment dates and payment dates for all class members, #15 30(b)(6) Deposition of Jaynanne Calaway-Habeck Vol. II (5/29/15), #16 Panera Responses to Third Request for Production of Documents, #17 30(b)(6) Deposition of Jaynanne Calaway-Habeck Vol. III (9/15/15), #18 Panera Responses to Second Request for Admissions, #19 Panera Answers to Third Interrogatories, #20 Notice of 30(b)(6) Deposition (4/28/15))(Egan, Dennis)
October 29, 2015 Filing 108 MOTION for Partial Summary Judgment Breach of Contract (Count I) by Plaintiff Mark Boswell. (Egan, Dennis)
October 29, 2015 Opinion or Order Filing 107 Docket Text ORDER Re: #106 Motion for Leave to File Sealed Document by Plaintiffs Mark Boswell, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 29, 2015. (SAA)
October 28, 2015 Filing 106 MOTION for Leave to File Sealed Document by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Egan, Dennis)
October 27, 2015 Filing 105 MOTION for Extension of Time to File ;Extension to file the following: dispositive motion ;Proposed extension date 12/30/15 by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 1)(Dean, Justin)
October 23, 2015 Opinion or Order Filing 104 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motion to dismiss or, alternatively, to stay this action is DENIED. (Doc. No. #88 .) IT IS FURTHER ORDERED that Plaintiffs' motion to strike Defendants' precertification offers of judgment is DENIED as moot. (Doc. No. #85 .) IT IS FURTHER ORDERED that Plaintiffs' motion for class certification is GRANTED. (Doc. No. #54 .) IT IS FURTHER ORDERED that Plaintiffs Mark Boswell, David Lutton, and Vickie Snyder are designated as representatives of the class. IT IS FURTHER ORDERED that Dennis Egan and Bert Braud, of The Popham Law Firm, P.C., are designated as class counsel. IT IS FURTHER ORDERED that the parties shall confer and attempt to reach agreement with respect to a proposed form of class notice. Within 14 days from the dateof this Order, the parties shall file a proposed notice, reflecting issuesif anyon which they are unable to reach agreement. (Response to Court due by 11/6/2015.). Signed by District Judge Audrey G. Fleissig on October 23, 2015. (BRP)
October 16, 2015 Filing 103 RESPONSE in Opposition re #102 Second MOTION to Compel and Memorandum in Support filed by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
October 9, 2015 Filing 102 Second MOTION to Compel and Memorandum in Support by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Attachments: #1 Exhibit P's 4th RPD to Def., #2 Exhibit Def's Responses to P's 4th RPD, #3 Exhibit Ltr to Def Counsel re: 4th RPD, #4 Exhibit Def. counsel e-mail re:ESI, #5 Exhibit Ltr from P to Def. re: ESI Parameters, #6 Exhibit Def counsel e-mail re Simpson Depo, #7 Exhibit E-mail to Def re: ESI Search, #8 Exhibit Def counsel email re: Simpson Depo and ESI Search, #9 Exhibit Ltr to def. re: ESI Search, #10 Exhibit Def counsel e-mail, #11 Text of Proposed Order Proposed Order)(Egan, Dennis)
October 7, 2015 Filing 101 TRANSCRIPT of #96 (MOTION HEARING) held on 09/18/2015 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 10/28/2015. Redacted Transcript Deadline set for 11/9/2015. Release of Transcript Restriction set for 1/5/2016. (KCB)
October 7, 2015 Filing 100 MEMORANDUM re #99 Response in Opposition to Motion by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Egan, Dennis)
October 1, 2015 Filing 99 RESPONSE in Opposition re #54 MOTION to Certify Class and Plaintiffs' Supplemental Materials and Supplemental Brief filed by Defendants Panera Bread Company, Panera LLC. (Hulla, Patrick)
September 24, 2015 Filing 98 TRANSCRIPT ORDER REQUEST for #96 (MOTION HEARING) by Panera Bread Company, Panera LLC for proceedings held on September 18, 2015 court reporter Patti Dunn Wecke before Judge Audrey G. Fleissig.. (Oldvader, Jennifer)
September 24, 2015 Filing 97 MEMORANDUM in Support of Motion re #54 MOTION to Certify Class Supplemental Brief in Support filed by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Egan, Dennis)
September 18, 2015 Filing 96 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing held on 9/18/2015 re #85 MOTION to Strike or Otherwise Declare Ineffective Panera's Pre-Certification Offers of Judgment, and Memorandum in Support Thereof filed by Vickie Snyder, Mark Boswell, David Lutton, #54 MOTION to Certify Class filed by Mark Boswell, #88 MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction, or, in the Alternative, to Stay this Action filed by Panera LLC, Panera Bread Company. Counsel for Plaintiff presents itsarguments. Counsel for Defendant presents its arguments. Plaintiff's excerpts of the deposition testimony of Defendants' corporate representative that took place after briefing closed due 7 days from todays date. Defendants' responses due 7 days from the date Plaintiff's excerpts are filed. (Court Reporter:Patti Dunn Wecke.) (FTR Gold: No.) (NEB)
September 11, 2015 Opinion or Order Filing 95 ORDER... IT IS HEREBY ORDERED that Plaintiffs may issue another Rule 30(b)(6) deposition notice, and Defendants shall timely produce a corporate representative prepared to testify, regarding the following topics: (1) Defendants' Joint Venture General Manager Board of Directors knowledge of and decision to implement a cap on the buyouts in the compensation plans at issue, and (2) any agreements between Defendants and any putative class member regarding such caps, and any consideration given therefor. Signed by District Judge Audrey G. Fleissig on 9/11/2015. (NEB)
September 10, 2015 Filing 94 NOTICE Notice of Filing: by Defendants Panera Bread Company, Panera LLC (Dean, Justin)
August 19, 2015 Filing 93 REPLY to Response to Motion re #88 MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction, or, in the Alternative, to Stay this Action filed by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
August 14, 2015 Opinion or Order Filing 92 ORDER: IT IS HEREBY ORDERED that Oral Argument on Plaintiffs' motion for class certification (Doc. No. #54 ), Plaintiffs' motion to strike (Doc. No. #85 ), and Defendants' motion to dismiss or stay (Doc. No. #88 ) is scheduled for September 18, 2015 at 10:30 a.m. (Motion Hearing set for 9/18/2015 10:30 AM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on August 14, 2015. (BRP)
August 12, 2015 Opinion or Order Filing 91 ORDER... IT IS HEREBY ORDERED that Plaintiffs notice of Rule 30(b)(6) deposition is QUASHED, with the understanding that Plaintiffs may serve interrogatories or requests for admission to seek the required information discussed during the conference. Further, the parties shall attempt, in good faith, to reach a stipulation regarding the authenticity of the documents at issue. IT IS FURTHER ORDERED that the hearing on Plaintiffs motion for class certification previously set for August 26, 2015 is VACATED. The hearing is tentatively rescheduled for September 18, 2015, but will be formally reset following confirmation from the parties regarding a mutually agreeable time. The rescheduled hearing will cover Plaintiffs motion for class certification (Doc. No. 54), Plaintiffs motion to strike (Doc. No. 85), and Defendants motion to dismiss or stay (Doc. No. 88). The Court shall allow approximately two hours for the hearing. Signed by District Judge Audrey G. Fleissig on 8/12/2015. (NEB)
August 12, 2015 Filing 90 MEMORANDUM in Opposition re #88 MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction, or, in the Alternative, to Stay this Action filed by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Egan, Dennis)
August 7, 2015 ***REMARK regarding Reply #89 : 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)
August 6, 2015 Filing 89 REPLY to Response to Motion re #85 MOTION to Strike or Otherwise Declare Ineffective Panera's Pre-Certification Offers of Judgment, and Memorandum in Support Thereof filed by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Braud, Bert)
August 6, 2015 Filing 88 MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction, or, in the Alternative, to Stay this Action by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit Mark Boswell Deposition Excerpts, #2 Exhibit David Lutton Deposition Excerpts, #3 Exhibit Vickie Snyder Deposition Excerpts, #4 Exhibit Plaintiff Snyder's Response to Interrogatory No. 5, #5 Exhibit Defendants' Second Amended Response to Interrogatory No. 10)(Oldvader, Jennifer)
August 4, 2015 ***REMARK regarding Response #87 : 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)
August 3, 2015 Filing 87 RESPONSE in Opposition re #85 MOTION to Strike or Otherwise Declare Ineffective Panera's Pre-Certification Offers of Judgment, and Memorandum in Support Thereof filed by Defendants Panera Bread Company, Panera LLC. (Oldvader, Jennifer)
July 28, 2015 Filing 86 ADR COMPLIANCE REPORT by Neutral: Neuner, Francis X.. Date of Conference: July 14, 2015. The parties participated in good faith. The parties did not achieve a settlement.(Neuner, Francis)
July 27, 2015 Filing 85 MOTION to Strike or Otherwise Declare Ineffective Panera's Pre-Certification Offers of Judgment, and Memorandum in Support Thereof by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Braud, Bert)
July 23, 2015 ***REMARK re. Notice Service #84 : Disclosures shall be made in the manner set forth in Fed.R.Civ.P. 26(a)(1)and(2), except to the extent otherwise stipulated by the parties or directed by order of the Court. Disclosure of documents and electronically stored information pursuant to Rule 26(a)(1)(A) (ii) shall be made by providing a copy to all other parties, except as otherwise ordered by the Court. See Local Rule 26-3.01 located on the # court website. (BRP)
July 23, 2015 Filing 84 NOTICE Service of Plaintiffs' Fourth Request for Production of Documents: by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder (Braud, Bert)
July 7, 2015 Opinion or Order Filing 83 Docket Text ORDER Re: #81 Motion to Substitute Attorney/Law Firm; attorney or firm The Popham Law Firm/Dennis Egan and Bert Braud; substituted for: Timothy Coffield by Plaintiffs Mark Boswell, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on July 7, 2015. (SAA)
July 6, 2015 Opinion or Order Filing 82 ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion for a hearing on their motion for class certification is GRANTED. (Doc. No. #78 .) Oral argument on Plaintiffs'motion for class certification (Doc. No. #54 ) is set for Wednesday, August 26, 2015 at 1:00 p.m. (Motion Hearing set for 8/26/2015 01:00 PM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on July 6, 2015. (BRP)
July 2, 2015 Filing 81 MOTION to Substitute Attorney/Law Firm ;attorney or firm The Popham Law Firm/Dennis Egan and Bert Braud ;substituted for:Timothy Coffield by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Egan, Dennis)
June 18, 2015 Filing 80 ENTRY of Appearance by Dennis E. Egan for Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Egan, Dennis)
June 16, 2015 Opinion or Order Filing 79 Docket Text ORDER Re: #76 Motion for Leave to Appear Pro Hac Vice Dennis E. Egan by Plaintiffs Mark Boswell, et al. and #75 Motion for Leave to Appear Pro Hac Vice Bert S. Braud by Plaintiffs Mark Boswell, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on June 16, 2015. (SAA)
June 15, 2015 Filing 78 MOTION for Hearing re #54 MOTION to Certify Class by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
June 15, 2015 Filing 77 REPLY to Response to Motion re #54 MOTION to Certify Class filed by Plaintiff Mark Boswell. (Attachments: #1 Rule 30(b)(6) Deposition of Jaynanne Caraway-Habeck (May 29, 2015), #2 Declaration of Dennis E. Egan, #3 Declaration of Bert S. Braud, #4 Deposition of Mark Boswell (March 26, 2015), #5 Deposition of David Lutton (March 27, 2015), #6 Deposition of Vickie Snyder (May 5, 2015), #7 Snyder Emails to Panera, #8 Boswell Emails to Panera)(Coffield, Timothy)
June 12, 2015 Filing 76 MOTION for Leave to Appear Pro Hac Vice Dennis E. Egan. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Attachments: #1 Certificate of Good Standing)(NEB)
June 12, 2015 Filing 75 MOTION for Leave to Appear Pro Hac Vice Bert S. Braud. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Mark Boswell, David Lutton, Vickie Snyder. (Attachments: #1 Certificate of Good Standing, #2 Correspondence)(NEB)
June 12, 2015 Receipt 4644050560 in the amount of $100.00 for PRO HAC VICE on behalf of Bert S. Braud (CCAM)
June 12, 2015 Receipt 4644050560 in the amount of $100.00 for PRO HAC VICE on behalf of Dennis Edward Egan (CCAM)
June 12, 2015 Opinion or Order Filing 74 Docket Text ORDER: Re: #73 Unopposed MOTION for Leave to File in Excess of Page Limitation, filed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on June 12, 2105. (AGF)
June 12, 2015 Filing 73 MOTION for Leave to File in Excess of Page Limitation Unopposed by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
June 5, 2015 Filing 72 NOTICE of Appointment of Neutral. Neutral name: Neuner, Francis X. Neutral selected by Parties (Copy emailed to neutral)(LSD)
June 4, 2015 Filing 71 Designation of Neutral by parties and ADR Conference Report by Plaintiff Mark Boswell Neutral: Neuner, Francis X. Date of Conference: July 14, 2015 time: 9:00 a.m. Location: Spencer, Fane, Britt, and Browne LLP, 1 North Brentwood Boulevard, Suite 1000, St. Louis, MO 63105-3925 (Attachments: #1 Verification of Signed Original Document)(Coffield, Timothy)
May 29, 2015 Opinion or Order Filing 70 Docket Text ORDER Re: #69 Motion for Extension of Time to File Response/Reply as to #54 Motion to Certify Class Unopposed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on May 29, 2015. (SAA)
May 28, 2015 Filing 69 MOTION for Extension of Time to File Response/Reply as to #54 MOTION to Certify Class Unopposed by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
May 18, 2015 Filing 68 RESPONSE in Opposition re #54 MOTION to Certify Class filed by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Dean, Justin)
May 15, 2015 Opinion or Order Filing 67 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Timothy Coffield ADR Completion Deadline due by 7/15/2015. ADR Compliance Report Deadline due by 7/29/2015. Designation of Neutral due by 6/4/2015.. Signed by District Judge Audrey G. Fleissig on 5/15/15. (JWJ)
May 13, 2015 Opinion or Order Filing 66 Docket Text ORDER Re: #65 Motion for Leave to File in Excess of Page Limitation, Unopposed by Defendants Panera Bread Company, Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on May 13, 2015. (SAA)
May 12, 2015 Filing 65 MOTION for Leave to File in Excess of Page Limitation , Unopposed by Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
April 16, 2015 Filing 64 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendants Panera Bread Company, Panera LLC. Publicly held company: Panera Bread Company,. (Dean, Justin)
April 13, 2015 Filing 63 SEALED DOCUMENT re #55 Memorandum in Support of Motion,,, Exhibit 14 Employment and Payment Dates by Plaintiff Mark Boswell. (Coffield, Timothy)
April 13, 2015 Filing 62 SEALED DOCUMENT re #55 Memorandum in Support of Motion,,, Exhibit 13 Panera JV GM Program Overview 2011 by Plaintiff Mark Boswell. (Coffield, Timothy)
April 13, 2015 Filing 61 SEALED DOCUMENT re #55 Memorandum in Support of Motion,,, Exhibit 6 Panera JV GM Buyout Report Formulas by Plaintiff Mark Boswell. (Coffield, Timothy)
April 13, 2015 Filing 60 SEALED DOCUMENT re #55 Memorandum in Support of Motion,,, Exhibit 5 Panera JV GM Compensation Update PowerPoint by Plaintiff Mark Boswell. (Coffield, Timothy)
April 13, 2015 Filing 59 SEALED DOCUMENT re #55 Memorandum in Support of Motion,,, Exhibit 4 Panera JV GM Buyout Report (template) by Plaintiff Mark Boswell. (Coffield, Timothy)
April 13, 2015 Filing 58 SEALED DOCUMENT re #55 Memorandum in Support of Motion,,, Exhibit 3 Panera JV GM Compensation Plan (template) by Plaintiff Mark Boswell. (Coffield, Timothy)
April 13, 2015 Filing 57 SEALED DOCUMENT re #55 Memorandum in Support of Motion,,, Exhibit 2 Panera JV GM Employment Agreement (template) by Plaintiff Mark Boswell. (Coffield, Timothy)
April 13, 2015 Filing 56 SEALED DOCUMENT re #55 Memorandum in Support of Motion,,, Exhibit 1 by Plaintiff Mark Boswell. (Attachments: #1 JVGM 001, #2 JVGM 002, #3 JVGM 003, #4 JVGM 004, #5 JVGM 005, #6 JVGM 006, #7 JVGM 007, #8 JVGM 008, #9 JVGM 009, #10 JVGM 010, #11 JVGM 011, #12 JVGM 012, #13 JVGM 013, #14 JVGM 014, #15 JVGM 015, #16 JVGM 016, #17 JVGM 017, #18 JVGM 018, #19 JVGM 019, #20 JVGM 020, #21 JVGM 021, #22 JVGM 022, #23 JVGM 023, #24 JVGM 024, #25 JVGM 025, #26 JVGM 026, #27 JVGM 027, #28 JVGM 028, #29 JVGM 029, #30 JVGM 030, #31 JVGM 031, #32 JVGM 032, #33 JVGM 033, #34 JVGM 034, #35 JVGM 035, #36 JVGM 036, #37 JVGM 037, #38 JVGM 038, #39 JVGM 039, #40 JVGM 040, #41 JVGM 041, #42 JVGM 042, #43 JVGM 043, #44 JVGM 044, #45 JVGM 045, #46 JVGM 046, #47 JVGM 047, #48 JVGM 048, #49 JVGM 049, #50 JVGM 050, #51 JVGM 051 (Snyder), #52 JVGM 052, #53 JVGM 053, #54 JVGM 054, #55 JVGM 055, #56 JVGM 056, #57 JVGM 057, #58 JVGM 058, #59 JVGM 059, #60 Boswell, #61 Lutton)(Coffield, Timothy)
April 13, 2015 Filing 55 MEMORANDUM in Support of Motion re #54 MOTION to Certify Class filed by Plaintiff Mark Boswell. (Attachments: #1 List of proposed class members, #2 Panera JV GM Employment Agreement (template), #3 Panera JV GM Compensation Plan (template), #4 Panera Buyout Report (template), #5 Panera JV GM Compensation Update PowerPoint, #6 Panera Buyout Report Formulas, #7 Boswell Agreement, Plan, and Buyout Report, #8 Lutton Agreement, Plan, and Buyout Report, #9 Snyder Agreement, Plan, and Buyout Report, #10 Panera Answers to Interrogatories, #11 Panera Responses to Requests for Admissions, #12 Deposition of Jaynanne Caraway-Habeck, #13 Panera JV GM Program Overview 2011, #14 List of employment and payment dates, #15 Declaration of Mark Boswell, #16 Declaration of David Lutton, #17 Declaration of Vickie Snyder, #18 Declaration of Counsel)(Coffield, Timothy)
April 13, 2015 Filing 54 MOTION to Certify Class by Plaintiff Mark Boswell. (Coffield, Timothy)
April 13, 2015 Opinion or Order Filing 53 Docket Text ORDER Re: #52 Motion for Leave to File Sealed Document by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on April 13, 2015. (SAA)
April 10, 2015 Filing 52 MOTION for Leave to File Sealed Document by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
April 10, 2015 Opinion or Order Filing 51 Docket Text ORDER Re: #50 Motion for Leave to File in Excess of Page Limitation by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on April 10, 2015. (SAA)
April 9, 2015 Filing 50 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
April 3, 2015 Filing 49 Defendants' ANSWER to #43 Amended Complaint, by Panera Bread Company, Panera LLC.(Hulla, Patrick)
March 23, 2015 Opinion or Order Filing 48 Docket Text ORDER Re: #47 Joint Motion to Amend/Correct #26 Case Management Order by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 23, 2015. (SAA)
March 20, 2015 Filing 47 Joint MOTION to Amend/Correct #26 Case Management Order,, by Plaintiff Mark Boswell. (Attachments: #1 Verification of Signed Original Document, #2 Text of Proposed Order)(Coffield, Timothy)
March 18, 2015 Filing 46 SEALED DOCUMENT re #43 Amended Complaint, Exhibit 2 by Plaintiff Mark Boswell. (Coffield, Timothy)
March 18, 2015 Filing 45 SEALED DOCUMENT re #43 Amended Complaint, Exhibit 1 by Plaintiff Mark Boswell. (Coffield, Timothy)
March 17, 2015 Filing 44 AMENDED ANSWER to #1 Complaint, filed by Defendants Panera Bread Company, Panera LLC. (NEB)
March 17, 2015 Filing 43 AMENDED COMPLAINT against defendant Panera Bread Company & Panera LLC Amendment to #1 Complaint, no Summons(es) issued, Waivers issued none, Consents issued none, Jury Demanded,, filed by Mark Boswell, David Lutton, & Vickie Snyder. Related document: #1 Complaint, filed by Mark Boswell, David Lutton. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5)(NEB)
March 17, 2015 Opinion or Order Filing 42 Docket Text ORDER Re: #39 Motion to Amend/Correct #9 Answer to Complaint (Unopposed) by Defendants Panera Bread Company, Panera LLC.; ORDERED GRANTED. The Clerk of Court is directed to detach the amended answer and file it in the Court file. Signed by District Judge Audrey G. Fleissig on March 17, 2015. (SAA)
March 17, 2015 Opinion or Order Filing 41 Docket Text ORDER Re: #38 Motion to Seal Document #37 Motion for Leave to File Amended Complaint by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 17, 2015. (SAA)
March 17, 2015 Opinion or Order Filing 40 Docket Text ORDER Re: #37 Motion for Leave to File Amended Complaint by Plaintiff Mark Boswell; ORDERED GRANTED, with consent of Defendant. The Clerk of Court is directed to detach the Amended Complaint and exhibits, and file them in the Court file. Signed by District Judge Audrey G. Fleissig on March 17, 2015. (SAA)
March 16, 2015 Filing 39 MOTION to Amend/Correct #9 Answer to Complaint (Unopposed) by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 1 - Proposed Amended Answer)(Dean, Justin)
March 16, 2015 Filing 38 MOTION to Seal Document #37 MOTION for Leave to File Amended Complaint by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
March 16, 2015 Filing 37 MOTION for Leave to File Amended Complaint by Plaintiff Mark Boswell. (Attachments: #1 Proposed Amended Complaint, #2 Exhibit Ex. 1 to Amended Complaint, #3 Exhibit Ex. 2 to Amended Complaint, #4 Exhibit Ex. 3 to Amended Complaint, #5 Exhibit Ex. 4 to Amended Complaint, #6 Exhibit Ex. 5 to Amended Complaint)(Coffield, Timothy)
March 6, 2015 Opinion or Order Filing 36 ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to compel is GRANTED, subject to Defendants identifying specific items of financial information they have a need to keep confidential. (Doc. No. #29 .) IT IS FURTHER ORDERED that on or before March 20, 2015, Defendants shall supplement their discovery responses to the extent stated by the Court at the hearing. Signed by District Judge Audrey G. Fleissig on March 6, 2015. (BRP)
March 3, 2015 Filing 35 REPLY to Response to Motion re #29 First MOTION to Compel filed by Plaintiff Mark Boswell. (Coffield, Timothy)
March 2, 2015 Filing 34 RESPONSE in Opposition re #29 First MOTION to Compel filed by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Dean, Justin)
March 2, 2015 Opinion or Order Filing 33 ORDER IT IS HEREBY ORDERED that Plaintiffs motion for an expedited hearing isGRANTED. (Doc. No. 32.) The Court will hear arguments on Plaintiffs motion tocompel discovery (Doc. No. 29) on Friday, March 6, 2015 at 11:00 a.m. The parties shall have a str ct time limit of 15 minutes per side for argument. Any party may participate in the hearing by telephone, if counsel notifies the office of the undersigned of his or her intent to do so, and provides his or her contact information, at least twenty-four (24) hours in advance of the hearing. re #32 MOTION for Hearing re #29 First MOTION to Compel filed by Mark Boswell ( Motion Hearing set for 3/6/2015 11:00 AM before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 3/2/15. (JWJ)
February 27, 2015 Filing 32 MOTION for Hearing re #29 First MOTION to Compel by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
February 23, 2015 Opinion or Order Filing 31 PROTECTIVE ORDER ( SEE ORDER FOR COMPLETE DETAILS ) re: #30 Joint MOTION for Protective Order filed by Defendant Panera LLC, Defendant Panera Bread Company. Signed by District Judge Audrey G. Fleissig on 2/23/15. (JWJ)
February 20, 2015 Filing 30 Joint MOTION for Protective Order by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Text of Proposed Order)(Dean, Justin)
February 18, 2015 Filing 29 First MOTION to Compel by Plaintiff Mark Boswell. (Attachments: #1 Exhibit A. First ROG, #2 Exhibit B. First RPD, #3 Exhibit C. Buyout Report, #4 Exhibit D. Objections to First ROG, #5 Exhibit E. Objections to First RPD, #6 Exhibit F. Feb 7 email, #7 Exhibit G. Feb 8 email, #8 Exhibit H. Feb 9 email, #9 Exhibit I. Joint Proposed Scheduling Plan, #10 Text of Proposed Order)(Coffield, Timothy)
February 18, 2015 ***REMARK regarding #28 Notice of Service of Defendants' Initial rule 26 Disclosures: In civil actions, discovery and disclosure materials pursuant to Fed.R.Civ.P. 26, 30, 31, 33, 34, 35, and 36, and the certificates of their service, shall not be filed with the Court except as exhibits to a motion or memorandum. (See Local Rule 26-3.02. The Local Rules are located on the # court website.) (BRP)
February 17, 2015 Filing 28 NOTICE Service of Defendants' Initial Rule 26 Disclosures: by Defendants Panera Bread Company, Panera LLC (Dean, Justin)
February 12, 2015 Opinion or Order Filing 27 MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendants' motion for a more definite statement related to Count II of the complaint is DENIED. (Doc. No. #10 .) IT IS FURTHER ORDERED that Defendants' motion to dismiss Count III for failure to state a claim is GRANTED. (Doc. No. #11 .) Count III is DISMISSED. Signed by District Judge Audrey G. Fleissig on 2/12/2015. (NEB)
January 28, 2015 Opinion or Order Filing 26 CASE MANAGEMENT ORDER This case is assigned to Track: 2 Motion to Join Parties due by 3/16/2015. Discovery Completion due by 9/30/2015. Non-Dispositive Motions due by 10/11/2015. ADR Future Reference 5/15/2015. Dispositive Motions due by 10/30/2015. Jury Trial set for 4/11/2016 09:00 AM in Courtroom 12S before District Judge Audrey G. Fleissig. Pretrial Compliance due by 3/22/2016. Motion in Limine due by 3/28/2016. (See Order for Complete Details). Signed by District Judge Audrey G. Fleissig on 1/28/2015. (NEB)
January 28, 2015 Filing 25 Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Rule 16 Conference held on 1/28/2015. Conference held in person as to Pat Hulla and via telephone as to Tim Coffield. CMO to issue. (FTR Gold: No.) (NEB)
January 26, 2015 Filing 24 NOTICE by Plaintiff Mark Boswell re #12 Rule 16 Order, (Coffield, Timothy)
January 23, 2015 Filing 23 ENTRY of Appearance by Justin Matthew Dean for Defendants Panera Bread Company, Panera LLC. (Dean, Justin)
January 23, 2015 Filing 22 ENTRY of Appearance by Jennifer Kate Oldvader for Defendants Panera Bread Company, Panera LLC. (Oldvader, Jennifer)
January 21, 2015 Filing 21 JOINT SCHEDULING PLAN by Plaintiff Mark Boswell. . (Attachments: #1 Attachment Verification of Original Signed Document)(Coffield, Timothy)
January 7, 2015 Filing 20 REPLY to Response to Motion re #11 MOTION to Dismiss :Plaintiffs claim for conversion Defendants' Reply in Further Support of Its Partial Motion to Dismiss filed by Defendants Panera Bread Company, Panera LLC. (Hulla, Patrick)
January 7, 2015 Filing 19 REPLY to Response to Motion re #10 MOTION for More Definite Statement and Incorporated Suggestions in Support Defendants' Reply in Further Support of Its Partial Motion for a More Definite Statement filed by Defendants Panera Bread Company, Panera LLC. (Hulla, Patrick)
December 31, 2014 Filing 18 MEMORANDUM in Opposition re #11 MOTION to Dismiss :Plaintiffs claim for conversion filed by Plaintiff Mark Boswell. (Coffield, Timothy)
December 31, 2014 Filing 17 MEMORANDUM in Opposition re #10 MOTION for More Definite Statement and Incorporated Suggestions in Support filed by Plaintiff Mark Boswell. (Coffield, Timothy)
December 29, 2014 Opinion or Order Filing 16 Docket Text ORDER: Re: #15 Consent Motion for Extension of Time to File Response as to #10 Motion for More Definite Statement, and #11 Motion to Dismiss, filed by Plaintiff Mark Boswell; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 29, 2014. (AGF)
December 29, 2014 Filing 15 MOTION for Extension of Time to File Response/Reply as to #10 MOTION for More Definite Statement and Incorporated Suggestions in Support, #11 MOTION to Dismiss :Plaintiffs claim for conversion by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
December 24, 2014 Opinion or Order Filing 14 Docket Text ORDER Re: #13 Consent Motion to Amend/Correct #12 Rule 16 Order by Plaintiff Mark Boswell; ORDERED GRANTED. The Rule 16 Conference is rescheduled for January 28, 2015 at 10:30 a.m. The parties shall file a proposed joint scheduling plan no later than January 21, 2015. Signed by District Judge Audrey G. Fleissig on December 24, 2014. (SAA)
December 22, 2014 Filing 13 Consent MOTION to Amend/Correct #12 Rule 16 Order, by Plaintiff Mark Boswell. (Attachments: #1 Text of Proposed Order)(Coffield, Timothy)
December 12, 2014 Opinion or Order Filing 12 RULE 16 ORDER This case is assigned to Track: 2 Joint Scheduling Plan due by 1/30/2015. Rule 16 Conference set for 2/6/2015 10:30 AM in Chambers before District Judge Audrey G. Fleissig. Signed by District Judge Audrey G. Fleissig on 12/12/14. (KXS)
December 12, 2014 Filing 11 MOTION to Dismiss :Plaintiffs claim for conversion by Defendants Panera Bread Company, Panera LLC. (Hulla, Patrick)
December 12, 2014 Filing 10 MOTION for More Definite Statement and Incorporated Suggestions in Support by Defendants Panera Bread Company, Panera LLC. (Hulla, Patrick)
December 12, 2014 Filing 9 ANSWER to #1 Complaint, by Panera Bread Company, Panera LLC.(Hulla, Patrick)
November 21, 2014 Opinion or Order Filing 8 Docket Text ORDER Re: #7 Motion for Extension of Time to File Answer re #1 Complaint by Defendants Panera Bread Company, Panera LLC; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 21, 2014. (SAA)
November 20, 2014 Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint, unopposed by Defendants Panera Bread Company, Panera LLC. (Attachments: #1 Exhibit A)(Hulla, Patrick)
November 4, 2014 Filing 6 SUMMONS Returned Executed filed by Mark Boswell. Panera LLC served on 10/31/2014, answer due 11/21/2014. (Coffield, Timothy)
November 4, 2014 Filing 5 SUMMONS Returned Executed filed by Mark Boswell. Panera Bread Company served on 10/31/2014, answer due 11/21/2014. (Coffield, Timothy)
November 3, 2014 Opinion or Order Filing 4 Docket Text ORDER: Re: #3 MOTION for Leave to Appear Pro Hac Vice of attorney Timothy Lawrence Coffield, filed by Mark Boswell, David Lutton ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 3, 2014. (AGF)
October 30, 2014 Receipt 4644046178 in the amount of $400.00 for CIVIL FILING FEE on behalf of Timothy Coffield (CCAM)
October 30, 2014 Receipt 4644046178 in the amount of $100.00 for PRO HAC VICE on behalf of Timothy Coffield (CCAM)
October 30, 2014 Case Opening Notification: 2 Summons(es) issued. The summons were emailed to attorney Timothy Coffield. Judge Assigned: U.S. District Judge Audrey G. Fleissig. (BAK)
October 29, 2014 Filing 3 MOTION for Leave to Appear Pro Hac Vice Timothy Lawrence Coffield. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Mark Boswell, David Lutton. (Attachments: #1 Certificate of Good Standing)(BAK)
October 29, 2014 Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Mark Boswell, David Lutton Process Server: Process Server St. Louis (BAK)
October 29, 2014 Filing 1 COMPLAINT against defendant Panera Bread Company, Panera LLC Jury Demand,, filed by Mark Boswell, David Lutton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Original Filing Form, #5 Summons Panera Bread, #6 Summons Panera LLC)(BAK)

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Search for this case: Boswell et al v. Panera Bread Company et al
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Plaintiff: Mark Boswell
Represented By: Timothy Coffield
Represented By: Dennis E. Egan
Represented By: Bert S. Braud
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Plaintiff: David Lutton
Represented By: Timothy Coffield
Represented By: Dennis E. Egan
Represented By: Bert S. Braud
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Plaintiff: Vickie Snyder
Represented By: Timothy Coffield
Represented By: Dennis E. Egan
Represented By: Bert S. Braud
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Defendant: Panera Bread Company
Represented By: Justin Matthew Dean
Represented By: Jennifer Kate Oldvader
Represented By: Patrick F. Hulla
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Defendant: Panera LLC
Represented By: Justin Matthew Dean
Represented By: Jennifer Kate Oldvader
Represented By: David L. Schenberg
Represented By: Patrick F. Hulla
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