Smith et al v. IOC-Cape Girardeau LLC
Plaintiff: Maria L. Smith and Casandra J. Henderson
Defendant: IOC-Cape Girardeau LLC
Case Number: 2:2019cv04228
Filed: December 30, 2019
Court: US District Court for the Western District of Missouri
Presiding Judge: Nanette K Laughrey
Referring Judge: Brian C Wimes
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 4, 2020 Filing 41 SUGGESTIONS in support (SEALED) re (56 in 2:19-cv-04084-NKL, 37 in 2:19-cv-04226-NKL, 33 in 4:19-cv-00553-NKL, 140 in 4:16-cv-00902-NKL, 40 in 2:19-cv-04228-NKL) MOTION for Order (SEALED) (Plaintiffs' Sealed Unopposed Motion for Approval of FLSA Collective Action Settlement) (Plaintiffs' Sealed Suggestions in Support of Unopposed Motion for Approval of FLSA Collective Action Settlement) filed by Ryan L. McClelland on behalf of Plaintiffs Casandra J. Henderson, Maria L. Smith, Pamela G. Dunlap, Cynthia D. Larson, Carolyn M. Nicholson, Kelly G. Lewis, Michael C. Lilley. (Attachments: #1 Sealed Declaration of Ryan L. McClelland in Support of Plaintiffs' Unopposed Motion for Approval of FLSA Collective Action Settlement)Associated Cases: 2:19-cv-04084-NKL, 2:19-cv-04226-NKL, 2:19-cv-04228-NKL, 4:16-cv-00902-NKL, 4:19-cv-00553-NKL(McClelland, Ryan)
February 4, 2020 Filing 40 MOTION for Order (SEALED) (Plaintiffs' Sealed Unopposed Motion for Approval of FLSA Collective Action Settlement) filed by Ryan L. McClelland on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/18/2020 unless otherwise directed by the court. Associated Cases: 2:19-cv-04084-NKL, 2:19-cv-04226-NKL, 2:19-cv-04228-NKL, 4:16-cv-00902-NKL, 4:19-cv-00553-NKL(McClelland, Ryan)
January 10, 2020 Opinion or Order Filing 39 ORDER entered by Judge Nanette K. Laughrey. The parties Joint Motion to Consolidate Related Cases for the Purpose of Seeking Global Settlement Approval, Doc. 51 , is GRANTED. The following cases are hereby consolidated with this case, Case No. 2:19-cv-04084-NKL: (1) Cynthia D. Larson v. IOC-Kansas City, Inc. d/b/a Isle of Capri Casino Kansas City, Case No. 4:16-cv-00902-NKL; (2) Pamela G. Dunlap v. IOC-Caruthersville LLC d/b/a Lady Luck Casino Caruthersville, Case No. 2:19-cv-04226-NKL; (3) Maria L. Smith, et al. v. IOC-Cape Girardeau LLC d/b/a Isle Casino Cape Girardeau, Case No. 2:19-cv-04228-NKL; and (4) Michael C. Lilley, et al. v. IOC-Kansas City, Inc. d/b/a Isle of Capri Casino Kansas City, Case No. 4:19-cv-00553-NKL. The Clerk of the Court shall enter this Order in each of the consolidated cases. Case No. 2:19-cv-04084 shall be designated as the lead case, and Case No. 4:16-cv-00902, Case No. 2:19-cv-04226, Case No. 2:19-cv-04228, and Case No. 4:19-cv-00553 shall be the subordinate cases. All future filings shall be made only in the lead case, Case No. 2:19-cv-04084-NKL, and each filing shall clearly indicate the relevant case number. Signed on 1/10/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
January 9, 2020 Filing 38 Minute Entry. Teleconference held before the Honorable Nanette K. Laughrey on January 9, 2020, regarding the status of the cases. Mr. McClelland stated that the Eastern District cases have now been transferred to the Western District and are before this Court and there are two additional cases currently before Judge Smith and Judge Bough that they are seeking to consolidate into this Court. Once all five cases are consolidated the parties stated they will file a motion for approval of global settlement. Appearances: Plaintiff by Ryan McClelland; Defendant by Charles Jellinek; Court Reporter: None; and Courtroom Deputy: Renea Matthes Mitra. (Text entry only.) This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
January 7, 2020 Opinion or Order Filing 37 ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 1/9/2020 at 11:00 AM regarding the status of the case. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 1/7/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
January 7, 2020 Opinion or Order Filing 36 ORDER TRANSFERRING/REASSIGNING CASE. With both judges consent, case reassigned to District Judge Nanette K. Laughrey for all further proceedings. District Judge Brian C. Wimes no longer assigned to case. Case number shall now read 2:19-cv-4228-NKL. Text only entry. Signed on 01/07/2019 by District Judge Brian C. Wimes. (Geiser, Angel)
December 30, 2019 Filing 35 CASE TRANSFERRED IN from District of Missouri Eastern; Case Number 1:19-cv-00072.
December 30, 2019 Opinion or Order Filing 34 ORDER granting #33 Motion to Transfer Case. The clerk of the court is instructed to transfer this case to the UnitedStates District Court for the Western District of Missouri as a related action to Carolyn MNicholson v. IOC-Boonville, Inc., Case No. 2:19-cv-04084-NKL. Signed by District Judge Stephen N. Limbaugh, Jr on 12/30/19. (MRS) [Transferred from moed on 12/30/2019.]
December 27, 2019 Filing 33 Joint MOTION to Transfer Case to United States District Court for the Western District of Missouri, Central Division by Plaintiffs Casandra J. Henderson, Maria L. Smith. (McClelland, Ryan) [Transferred from moed on 12/30/2019.]
December 3, 2019 Opinion or Order Filing 32 SCHEDULING ORDER: The court has been notified that this case has settled. Dismissal Paper(s) due by 1/2/2020.. Signed by District Judge Stephen N. Limbaugh, Jr on 12/3/19. (MRS) [Transferred from moed on 12/30/2019.]
December 2, 2019 Filing 31 ADR COMPLIANCE REPORT Neutral: Neuner Jr., Francis X.. Date of Conference: 11/22/2019. The parties participated in good faith. The parties achieved a settlement.(Neuner, Francis) [Transferred from moed on 12/30/2019.]
November 12, 2019 Opinion or Order Filing 30 Docket Text ORDER: Re: #28 Consent MOTION to Amend/Correct #16 Case Management Order, (Plaintiffs' Unopposed Motion to Amend Case Management Order by Extending ADR Referral Deadline and Request to Participate Via Telephone Conference) by Plaintiffs Casandra J. Henderson, Maria L. Smith. (McClelland, Ryan) filed by Casandra J. Henderson, Maria L. Smith ; ORDERED GRANTED ( ADR Completion Deadline due by 11/22/2019., ADR Compliance Report Deadline due by 12/6/2019.)Court further allows plaintiffs to participate in mediation by phone.. Signed by District Judge Stephen N. Limbaugh, Jr on 11/12/19. (MRS) [Transferred from moed on 12/30/2019.]
November 12, 2019 Filing 29 NOTICE of Appointment of Neutral. Neutral name: Neuner Jr., Francis X. Neutral selected by parties(MRS) [Transferred from moed on 12/30/2019.]
November 11, 2019 Filing 28 Consent MOTION to Amend/Correct #16 Case Management Order, (Plaintiffs' Unopposed Motion to Amend Case Management Order by Extending ADR Referral Deadline and Request to Participate Via Telephone Conference) by Plaintiffs Casandra J. Henderson, Maria L. Smith. (McClelland, Ryan) [Transferred from moed on 12/30/2019.]
November 11, 2019 Filing 27 Designation of Neutral by parties and ADR Conference Report by Plaintiffs Casandra J. Henderson, Maria L. Smith Neutral: Neuner Jr., Francis X. Date of Conference: 11/22/2019 time: 9:00 a.m. Location: Spencer Fane LLP, 1 N. Brentwood Boulevard, Suite 1000, Clayton, Missouri 63105(McClelland, Ryan) [Transferred from moed on 12/30/2019.]
October 30, 2019 Filing 26 NOTICE Filing Consents to Join: by Plaintiffs Casandra J. Henderson, Maria L. Smith (Attachments: #1 Exhibit A - Consents to Join)(McClelland, Ryan) [Transferred from moed on 12/30/2019.]
October 17, 2019 Opinion or Order Filing 25 Docket Text ORDER: Re: #19 MOTION for Judgment on the Pleadings by Defendant IOC-Cape Girardeau LLC. (Weiss, Charles) filed by IOC-Cape Girardeau LLC ; ORDERED DENIED AS MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 10/17/19. (MRS) [Transferred from moed on 12/30/2019.]
October 17, 2019 Opinion or Order Filing 24 ORDER granting Stipulation of Dismissal as to Count V. Signed by District Judge Stephen N. Limbaugh, Jr on 10/17/19. (MRS) [Transferred from moed on 12/30/2019.]
October 15, 2019 Filing 23 STIPULATION of Dismissal (of Count V) by Plaintiffs Casandra J. Henderson, Maria L. Smith. (McClelland, Ryan) [Transferred from moed on 12/30/2019.]
October 8, 2019 Opinion or Order Filing 22 Docket Text ORDER: Re: #21 MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Judgment on the Pleadings by Plaintiffs Casandra J. Henderson, Maria L. Smith. (McClelland, Ryan) filed by Casandra J. Henderson, Maria L. Smith ; ORDERED GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 10/8/19. (MRS) [Transferred from moed on 12/30/2019.]
October 7, 2019 Filing 21 MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Judgment on the Pleadings by Plaintiffs Casandra J. Henderson, Maria L. Smith. (McClelland, Ryan) [Transferred from moed on 12/30/2019.]
October 1, 2019 Filing 20 MEMORANDUM in Support of Motion re #19 MOTION for Judgment on the Pleadings filed by Defendant IOC-Cape Girardeau LLC. (Weiss, Charles) [Transferred from moed on 12/30/2019.]
October 1, 2019 Filing 19 MOTION for Judgment on the Pleadings by Defendant IOC-Cape Girardeau LLC. (Weiss, Charles) [Transferred from moed on 12/30/2019.]
October 1, 2019 Filing 18 ENTRY of Appearance by Charles A. Weiss for Defendant IOC-Cape Girardeau LLC. (Weiss, Charles) [Transferred from moed on 12/30/2019.]
July 16, 2019 Opinion or Order Filing 17 PROTECTIVE ORDER...[See Order for Complete Details.] Signed by District Judge Stephen N. Limbaugh, Jr on 7/16/2019. (NEP) [Transferred from moed on 12/30/2019.]
July 16, 2019 Opinion or Order Filing 16 CASE MANAGEMENT ORDER This case is assigned to Track: 3 Motion to Join Parties due by 9/9/2019. Discovery Completion due by 1/27/2020. ADR Future Reference 9/15/2020. [SEE ORDER FOR COMPLETE DETAILS.] Signed by District Judge Stephen N. Limbaugh, Jr on 7/16/2019. (NEP) [Transferred from moed on 12/30/2019.]
July 15, 2019 Filing 15 Joint MOTION for Protective Order by Plaintiffs Casandra J. Henderson, Maria L. Smith. (Attachments: #1 Proposed Agreed Protective Order)(McClelland, Ryan) [Transferred from moed on 12/30/2019.]
July 15, 2019 Filing 14 JOINT SCHEDULING PLAN by Plaintiffs Casandra J. Henderson, Maria L. Smith. . (McClelland, Ryan) [Transferred from moed on 12/30/2019.]
July 2, 2019 Opinion or Order Filing 13 SCHEDULING ORDER: Rule 16 Conference reset for 7/24/2019 11:00 AM by Telephone before District Judge Stephen N. Limbaugh Jr... Signed by District Judge Stephen N. Limbaugh, Jr on 7/2/19. (MRS) [Transferred from moed on 12/30/2019.]
June 25, 2019 Opinion or Order Filing 12 RULE 16 ORDER Joint Scheduling Plan due by 7/15/2019. Rule 16 Conference set for 7/22/2019 10:30 AM in Telephone before District Judge Stephen N. Limbaugh Jr... Signed by District Judge Stephen N. Limbaugh, Jr on 6/25/19. (MRS) [Transferred from moed on 12/30/2019.]
June 17, 2019 Filing 11 ENTRY of Appearance by Travis A. Niswonger for Defendant IOC-Cape Girardeau LLC. (Niswonger, Travis) [Transferred from moed on 12/30/2019.]
June 14, 2019 Filing 10 ENTRY of Appearance by Charles B. Jellinek for Defendant IOC-Cape Girardeau LLC. (Jellinek, Charles) [Transferred from moed on 12/30/2019.]
June 7, 2019 Filing 9 ANSWER to #1 Complaint, by IOC-Cape Girardeau LLC.(Colvin, Amanda) [Transferred from moed on 12/30/2019.]
June 7, 2019 Filing 8 NOTICE Filing Consents to Join: by Plaintiffs Casandra J. Henderson, Maria L. Smith (Attachments: #1 Exhibit A - Consents to Join)(McClelland, Ryan) [Transferred from moed on 12/30/2019.]
June 4, 2019 Opinion or Order Filing 7 Docket Text ORDER: Re: #6 Consent MOTION for Extension of Time to File Answer or Otherwise Plead to Plaintiffs' Complaint by Defendant IOC-Cape Girardeau LLC. (Colvin, Amanda) filed by IOC-Cape Girardeau LLC ; ORDERED GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 6/4/19. (MRS) [Transferred from moed on 12/30/2019.]
June 3, 2019 Filing 6 Consent MOTION for Extension of Time to File Answer or Otherwise Plead to Plaintiffs' Complaint by Defendant IOC-Cape Girardeau LLC. (Colvin, Amanda) [Transferred from moed on 12/30/2019.]
May 17, 2019 Filing 5 NOTICE Filing Consents to Join: by Plaintiffs Casandra J. Henderson, Maria L. Smith (Attachments: #1 Exhibit A - Consents to Join)(McClelland, Ryan) [Transferred from moed on 12/30/2019.]
May 10, 2019 Filing 4 NOTICE Filing Consents to Join: by Plaintiffs Casandra J. Henderson, Maria L. Smith (Attachments: #1 Exhibit A - Consents to Join)(McClelland, Ryan) [Transferred from moed on 12/30/2019.]
May 9, 2019 Filing 3 SUMMONS Returned Executed filed by Maria L. Smith, Casandra J. Henderson. IOC-Cape Girardeau LLC served on 5/7/2019, answer due 5/28/2019. (McClelland, Ryan) [Transferred from moed on 12/30/2019.]
May 6, 2019 Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Casandra J. Henderson, Maria L. Smith Process Server: HPS Process Service & Investigations. (CSG) [Transferred from moed on 12/30/2019.]
May 6, 2019 Filing 1 COMPLAINT (Class and Collective Action Complaint) against defendant IOC-Cape Girardeau LLC with receipt number 0865-7190694, in the amount of $400 Jury Demand,, filed by Maria L. Smith, Casandra J. Henderson. (Attachments: #1 Exhibit A - Consent to Join - Maria L. Smith, #2 Exhibit B - Consent to Join - Casandra J. Henderson, #3 Civil Cover Sheet, #4 Original Filing Form, #5 Attachment Notice of Intent to Use Process Server, #6 Summons)(McClelland, Ryan) [Transferred from moed on 12/30/2019.]
May 6, 2019 Case Opening Notification: 1 Summons(es) issued. The summons was emailed to Attorney for Plaintiff. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. District Judge Stephen N. Limbaugh Jr. (CSG) [Transferred from moed on 12/30/2019.]

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Plaintiff: Maria L. Smith
Represented By: Ryan L. McClelland
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Plaintiff: Casandra J. Henderson
Represented By: Ryan L. McClelland
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Defendant: IOC-Cape Girardeau LLC
Represented By: Charles Bernard Jellinek
Represented By: Travis A Niswonger
Represented By: Charles A. Weiss
Represented By: Amanda Colvin
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