Salone v. Cushman & Wakefield U.S., Inc. et al
Gary Salone |
Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc. and John Doe Corporations #1-10 |
4:2021cv01151 |
September 24, 2021 |
US District Court for the Eastern District of Missouri |
Rodney W Sippel |
Labor: Fair Standards |
29 U.S.C. § 201 |
Plaintiff |
Docket Report
This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 72 MEMORANDUM in Support of Motion re #44 MOTION to Certify Class Conditional Class Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 U.S.C. 216(b) Supplemental Brief in accordance with ECF No. #70 filed by Plaintiff Gary Salone. (Coffman, Matthew) |
Filing 71 RESPONSE to Motion re #44 MOTION to Certify Class Conditional Class Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 U.S.C. 216(b) filed by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Attachments: #1 Affidavit of Laura Sheehan, #2 Exhibit A - Wage and Hour Policy, #3 Exhibit B - Time Entry Guide, #4 Affidavit of Amanda Bogel, #5 Affidavit of Alex Diaz, #6 Affidavit of Robert Wineberg, #7 Affidavit of Derick Watford, #8 Affidavit of Chaz Matlin, #9 Affidavit of Michael McConnell, #10 Affidavit of Shawn Wideman, #11 Affidavit of Daniel Askew)(Finkel, Noah) |
Filing 70 ORDER : IT IS HEREBY ORDERED that the parties shall file supplemental briefs regarding Plaintiffs Motion for Conditional Class Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 U.S.C. 216(b), ECF No. #44 , no later than November 17, 2021, and any response briefs no later than December 3, 2021. IT IS FURTHER ORDERED that the parties Joint Motion for Telephonic Conference Regarding Motion for Conditional Certification, ECF No. #64 , is DENIED as moot. This case will be set for an amended scheduling conference following the Courts ruling on conditional class certification. Signed by District Judge Rodney W. Sippel on 10/25/21. (ARL) |
Filing 69 ENTRY of Appearance by Shoshanah Mae Shanes for Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Shanes, Shoshanah) |
Filing 68 ENTRY of Appearance by Rosalee Miller McNamara for Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (McNamara, Rosalee) |
Filing 67 JOINT SCHEDULING PLAN by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. . (Petersen, Kyle) |
Filing 66 NOTICE Filing Consent to Become Party Plaintiff: by Plaintiff Gary Salone (Attachments: #1 Exhibit A - Consent to Join)(Coffman, Matthew) |
Filing 65 AMENDED ORDER SETTING RULE 16 CONFERENCE - IT IS HEREBY ORDERED that: Joint Scheduling Plan due by 10/18/2021. Rule 16 Conference set for 10/25/2021 02:00 PM in Telephone Conference in Chambers before District Judge Rodney W. Sippel. [SEE ORDER FOR FULL DETAILS] Signed by District Judge Rodney W. Sippel on 9/30/2021. (KEK) |
Filing 64 Joint ORAL MOTION (JOINT MOTION FOR TELEPHONIC CONFERENCE REGARDING MOTION FOR CONDITIONAL CERTIFICATION) by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Finkel, Noah) |
Filing 63 CJRA ORDER (GJL). Magistrate Judge Patricia L. Cohen termed. Case reassigned to District Judge Rodney W. Sippel for all further proceedings (JAB) |
Filing 62 Case transferred in from District of Ohio Southern; Case Number 2:21-cv-00414. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
Filing 61 ORDER granting #60 Motion to Transfer Venue. It is ORDERED that this case is transferred to the United States District Court for the Eastern District of Missouri. Signed by Magistrate Judge Chelsey M. Vascura on 9/24/2021. (agm) |
Case transferred to the Eastern District of Missouri. Case file and docket sheet sent Electronically. (agm) |
Case Opening Notification. Judge Assigned: Honorable Patricia L. Cohen. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JWD) |
Filing 60 Joint MOTION for Order to Transfer Venue by Plaintiff Gary Salone. (Attachments: #1 Text of Proposed Order - Proposed Order Granting Joint Motion to Transfer Venue) (Draher, Shannon) |
Filing 59 STATUS REPORT of the Parties by Plaintiff Chad Knecht. Associated Cases: 2:20-cv-03899-MHW-CMV, 2:21-cv-00414-MHW-CMV (Coffman, Matthew) |
Filing 58 ORDER - Status Report due by 9/17/2021. Signed by Judge Michael H. Watson on 9/14/2021. Associated Cases: 2:20-cv-03899-MHW-CMV, 2:21-cv-00414-MHW-CMV (jk) |
Filing 57 NOTICE by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc., John Doe Corporations #1-10, C&W Facility Services, Inc re (41 in 2:21-cv-00414-MHW-CMV, 41 in 2:21-cv-00414-MHW-CMV) Order on Motion for Certificate of Appealability,,, (44 in 2:21-cv-00414-MHW-CMV) MOTION to Certify Class Conditional Class Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 U.S.C. 216(b) [JOINT NOTICE REGARDING THE COURT'S JUNE 10, 2021 ORDER] Associated Cases: 2:20-cv-03899-MHW-CMV, 2:21-cv-00414-MHW-CMV (Miller, Kyla) |
Filing 56 NOTICE of Appearance by Shannon Marie Draher for Plaintiff Gary Salone (Draher, Shannon) |
Filing 55 NOTICE of Appearance by Jeffrey Joseph Moyle for Plaintiff Gary Salone (Moyle, Jeffrey) |
Filing 54 NOTICE of Appearance by Hans A Nilges for Plaintiff Gary Salone (Nilges, Hans) |
Filing 53 REPLY to Response to Motion re #44 MOTION to Certify Class Conditional Class Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 U.S.C. 216(b) filed by Plaintiff Gary Salone. (Attachments: #1 Exhibit A - Second Declaration of Gary Salone, #2 Exhibit B - Second Declarations of Jones & Wolberd, #3 Exhibit C - Declarations of Barner, Johnson, and Roldan, #4 Exhibit D - Defendants' Job Postings) (Coffman, Matthew) |
Filing 52 ORDER re #51 Response to Order to Show Cause: The Court EXTENDS the time for Plaintiff to identify, substitute the real names of, and complete service on Defendants John Doe Corporations #1-10 until sixty (60) days after the stay entered on June 10, 2021 is lifted. Signed by Magistrate Judge Chelsey M. Vascura on 7/13/2021. (kk2) |
Filing 51 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Gary Salone. (Attachments: #1 Exhibit 1- Declaration of Adam Gedling) (Gedling, Adam) |
Filing 50 RESPONSE in Opposition re #44 MOTION to Certify Class Conditional Class Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 U.S.C. 216(b) filed by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Attachments: #1 Declaration of Laura Sheehan, #2 Wage and Hour Policy, #3 ePeople Time Entry Guide, #4 Declaration of Amanda Bogel) (Finkel, Noah) |
Filing 49 NOTICE by Plaintiff Gary Salone of Filing Consent Forms (Attachments: #1 Exhibit A- Consent Forms) (Gedling, Adam) |
Filing 48 NOTICE by Plaintiff Gary Salone of Filing Consent Forms (Attachments: #1 Exhibit A- Consent Forms) (Gedling, Adam) |
Filing 47 SHOW CAUSE ORDER: Plaintiff is ORDERED to SHOW CAUSE WITHIN FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER, why the Court should not dismiss this action as against John Doe Corporations #1-10 without prejudice for failure to effect service and why the Court should allow an extension of time to effect service. Signed by Magistrate Judge Chelsey M. Vascura on 6/28/2021. (daf) |
Filing 46 ORDER memorializing the June 22, 2021 telephonic discovery conference. The parties are ORDERED to confer and arrive at a mutually convenient date for Plaintiff's deposition, but the date shall not be tied to the briefing schedule for Plaintiff's Motion for Conditional Certification. Signed by Magistrate Judge Chelsey M. Vascura on 6/22/2021. (kk2) |
Statistical Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 6/22/2021. (agm) |
Filing 44 MOTION to Certify Class Conditional Class Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs Pursuant to 29 U.S.C. 216(b) by Plaintiff Gary Salone. (Attachments: #1 Exhibit A - Proposed Notice and Consent, #2 Exhibit B - Salone Declaration, #3 Exhibit C - Bostwick Declaration, #4 Exhibit D - Jones Declaration, #5 Exhibit E - Wolberd Declaration) (Coffman, Matthew) |
Filing 43 PRELIMINARY PRETRIAL ORDER: The June 17, 2021 preliminary pretrial conference is VACATED. Initial Disclosures due by 7/19/2021. Mediation Deadline: 1/1/2022. Signed by Magistrate Judge Chelsey M. Vascura on 6/11/2021. (daf) |
Filing 42 RULE 26(f) REPORT of the Parties by Plaintiff Gary Salone. (Coffman, Matthew) |
Filing 41 OPINION and ORDER denying (35) Motion for Certificate of Appealability in case 2:20-cv-03899-MHW-CMV; denying (30) Motion for Certificate of Appealability in case 2:21-cv-00414-MHW-CMV. Signed by Judge Michael H. Watson on 6/10/2021. Associated Cases: 2:20-cv-03899-MHW-CMV, 2:21-cv-00414-MHW-CMV (jk) |
Filing 40 NOTICE by Plaintiff Gary Salone re #35 Response in Opposition to Motion of Supplemental Authority in Further Support of Plaintiff's Response in Opposition to Defendants' Motion to Certify for Interlocutory Appeal (Attachments: #1 Exhibit A - Green v. Verita Telecommunications Corp., 2021 WL 2227379) (Coffman, Matthew) |
Filing 39 REPLY to Response to Motion re #30 MOTION for Certificate of Appealability (FOR INTERLOCUTORY APPEAL) filed by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Miller, Kyla) |
Filing 38 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8318473) of Kyle A Petersen( Responses due by 6/9/2021) by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc., C&W Facility Services, Inc. (Attachments: #1 Exhibit Certificate of Good Standing) Associated Cases: 2:20-cv-03899-MHW-CMV, 2:21-cv-00414-MHW-CMV (Stevens, Janay) |
Filing 37 Notice of Deficiency re: The filing fee was not submitted with the motion. The fee can be paid #online. Please scroll down to the event called, Pay Fees Via Pay.gov to pay the required fee. Related Document: #36 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Kyle A Petersen filed by Cushman & Wakefield, Inc., Cushman & Wakefield U.S., Inc.Deficiency Deadline by 6/2/2021. (er) |
NOTATION ORDER granting (41) in case 2:20-cv-03899-MHW-CMV & (38) in case 2:21-cv-00414-MHW-CMV Motion for Leave to Appear Pro Hac Vice of Kyle A. Petersen. Signed by Magistrate Judge Chelsey M. Vascura on 5/19/2021. Associated Cases: 2:20-cv-03899-MHW-CMV, 2:21-cv-00414-MHW-CMV (er) |
Filing fee: $ 200.00, receipt number AOHSDC-8318473 re Motion for PHV of Kyle Peterson. Associated Cases: 2:20-cv-03899-MHW-CMV, 2:21-cv-00414-MHW-CMV (jlk) |
Filing 36 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Kyle A Petersen by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Stevens, Janay) |
Filing 35 RESPONSE in Opposition re #30 MOTION for Certificate of Appealability (FOR INTERLOCUTORY APPEAL) filed by Plaintiff Gary Salone. (Coffman, Matthew) |
Filing 34 NOTATION ORDER - Parties are directed to file the report required by Rule 26(f) of the Federal Rules of Civil Procedure no fewer than seven (7) days prior to the 6/17/2021 telephone conference. The required form can be found on the Court's website, www.ohsd.uscourts.gov. By Magistrate Judge Chelsey M. Vascura on 5/17/2021. Associated Cases: 2:20-cv-03899-MHW-CMV, 2:21-cv-00414-MHW-CMV (agm) |
Filing 32 NOTICE by Plaintiff Gary Salone re #29 Order on Motion to Consolidate Cases, Order on Motion to Dismiss/Lack of Jurisdiction (Attachments: #1 Exhibit 1 - Plaintiff's Proposed Joint Motion with Proposed Notice and Consent, #2 Text of Proposed Order) (Coffman, Matthew) |
Filing 31 NOTICE by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc. re #29 Order on Motion to Consolidate Cases, Order on Motion to Dismiss/Lack of Jurisdiction (Statement on Conditional Certification) (Miller, Kyla) |
Filing 30 MOTION for Certificate of Appealability (FOR INTERLOCUTORY APPEAL) by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Miller, Kyla) |
Filing 29 OPINION and ORDER granting #8 Motion to Consolidate Cases; denying without prejudice to renewal #17 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Michael H. Watson on 4/20/2021. (jk) |
Filing 28 REPLY to Response to Motion re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Stevens, Janay) |
Filing 27 NOTICE by Plaintiff Gary Salone re #24 Response in Opposition to Motion, of Supplemental Authority in Further Support of Plaintiff's Response in Opposition to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction (Attachments: #1 Exhibit A - Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), #2 Exhibit B - Lyngaas v. Ag, --- F.3d ----, 2021 WL 1115870 (6th Cir. 2021)) (Coffman, Matthew) |
Filing 26 NOTATION ORDER granting #25 Motion for Extension of Time to File Response/Reply re #17 MOTION to Dismiss for Lack of Jurisdiction. Replies due by 4/9/2021. Signed by Magistrate Judge Kimberly A. Jolson on 4/1/21. (jr) |
Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss for Lack of Jurisdiction New date requested 4/9/2021. by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Attachments: #1 Text of Proposed Order) (Stevens, Janay) |
Filing 24 RESPONSE in Opposition re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Gary Salone. (Attachments: #1 Exhibit 1 - Canaday v. The Anthem Co., Inc., No. 20-5947 - Appellant's Reply Brief) (Coffman, Matthew) |
Filing 23 NOTATION ORDER granting #22 Motion for Extension of Time to File Response/Reply re #17 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 3/19/2021. Signed by Magistrate Judge Kimberly A. Jolson on 3/16/21. (jr) |
Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss for Lack of Jurisdiction New date requested 3/19/2021. by Plaintiff Gary Salone. (Attachments: #1 Text of Proposed Order) (Coffman, Matthew) |
Filing 21 REPLY to Response to Motion re #8 MOTION to Consolidate Cases Pursuant to Rule 42(A) of the Federal Rules of Civil Procedure filed by Plaintiff Gary Salone. (Coffman, Matthew) |
Filing 20 RESPONSE in Opposition re #8 MOTION to Consolidate Cases Pursuant to Rule 42(A) of the Federal Rules of Civil Procedure filed by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Attachments: #1 Exhibit Declaration of Jenn Ships, #2 Exhibit Declaration of Alicia Gage) (Stevens, Janay) |
Filing 19 NOTICE by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc. re #17 MOTION to Dismiss for Lack of Jurisdiction Declaration of Marie A. Smith (Stevens, Janay) |
Filing 18 Corporate Disclosure Statement by Defendants Cushman & Wakefield U.S., Inc. and Cushman & Wakefield, Inc. identifying Corporate Parent Cushman & Wakefield PLC. (Stevens, Janay) Modified text on 2/24/2021 (ew). |
Filing 17 MOTION to Dismiss for Lack of Jurisdiction by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Stevens, Janay) |
Filing 16 ANSWER to #1 Complaint, filed by Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Stevens, Janay) |
Filing 15 NOTATION ORDER granting #13 Motion for Extension of Time to Answer. Cushman & Wakefield U.S., Inc. answer due 2/25/2021; Cushman & Wakefield, Inc. answer due 2/25/2021. Signed by Magistrate Judge Kimberly A. Jolson on 2/23/21. (jr) |
Filing 14 RESPONSE to Motion re #13 First MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 2/25/2021. filed by Plaintiff Gary Salone. (Coffman, Matthew) |
Filing 13 First MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 2/25/2021. by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Attachments: #1 Text of Proposed Order) (Miller, Kyla) |
Filing 12 NOTATION ORDER granting #9 and #10 Motions for Leave to Appear Pro Hac Vice of Noah A. Finkel and Kyla J. Miller as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 2/18/2021. (ew) |
Filing 11 NOTICE of Appearance by Janay Marie Stevens for Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc. (Stevens, Janay) |
Filing 10 MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID on 2-17-2021) of Kyla Miller by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Stevens, Janay) Added text re fee pd on 2/17/2021 (er). |
Filing 9 MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID on 2-17-2021) of Noah A. Finkel by Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Stevens, Janay) Added text re fee pd on 2/17/2021 (er). |
Filing Fee Received re #9 and #10 Motions for Leave to Appear Pro Hac Vice of Noah A. Finkel and Kyla Miller: $400. Receipt Number: 200COL064838. (ew) |
Filing fee: $ 400, receipt number 200COL064838 for 2 PHV's - docs #9 & #10 . (er) |
Filing 8 MOTION to Consolidate Cases Pursuant to Rule 42(A) of the Federal Rules of Civil Procedure by Plaintiff Gary Salone. (Coffman, Matthew) |
Filing 7 SUMMONS Returned Executed as to Defendants Cushman & Wakefield U.S., Inc., Cushman & Wakefield, Inc.. Cushman & Wakefield U.S., Inc. served on 2/1/2021, answer due 2/22/2021; Cushman & Wakefield, Inc. served on 2/1/2021, answer due 2/22/2021. (Coffman, Matthew) |
Filing 6 NOTICE by Plaintiff Gary Salone of Filing Consent Form of Jeffrey Wolberd (Attachments: #1 Exhibit A- Consent Form of Jeffrey Wolberd) (Gedling, Adam) |
Filing 4 Summons Issued to Cushman & Wakefield U.S., Inc. and Cushman & Wakefield, Inc. (ew) |
Filing 3 REQUEST for Issuance of Summons. for CUSHMAN & WAKEFIELD, INC., (Coffman, Matthew) |
Filing 2 REQUEST for Issuance of Summons. for CUSHMAN & WAKEFIELD U.S., INC. (Coffman, Matthew) |
Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8062693), filed by Gary Salone. (Attachments: #1 Exhibit A - Salone Consent, #2 Exhibit B - Opt-In Plaintiffs' Consents, #3 Civil Cover Sheet) (Coffman, Matthew) |
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