Astarita v. Menard, Inc.
Plaintiff: Albert J. Astarita
Defendant: Menard, Inc.
Case Number: 5:2017cv06151
Filed: December 21, 2017
Court: US District Court for the Western District of Missouri
Office: St. Joseph Office
County: Platte
Presiding Judge: Roseann Ketchmark
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff
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Date Filed Document Text
February 6, 2020 Opinion or Order Filing 186 ORDER denying Defendant's 185 motion for continued stay. Signed on 2/6/2020 by District Judge Roseann Ketchmark. (Phillips, Caleb)
November 14, 2019 Opinion or Order Filing 177 ORDER granting in part and denying in part Defendant Menard's 174 motion for an emergency stay and for leave to appeal. Specifically, a certificate of appealability is DENIED, but the Court's November 8, 2019 Order 173 is STAYED pending a decision by the Eighth Circuit on Menard's forthcoming writ petition. The Court expects Menard to file its writ petition promptly to avoid unnecessary delay. Signed on 11/14/2019 by District Judge Roseann Ketchmark.
November 8, 2019 Opinion or Order Filing 173 ORDER granting in part and denying in part 162 Plaintiff's motion for corrective notice and equitable tolling. Specifically, the Court ORDERS as follows:(1) Within three days of this Order, Defendant Menard will provide Plaintiff Owens wit h the last known contact information of all putative class members hired by Menard between June 2016 and May 2018, whose original employment agreements did not contain a class or collective action waiver, and who were not included on the first class list prepared by Menard ("Supplemental Class List").(2) The proposed corrective notice attached to Plaintiff's reply brief [170-2] is APPROVED. Within 21 days of this Order, the corrective notice shall be mailed via first-class mai l to all putative class members on the Supplemental Class List by Analytics Consulting, LLC, a third-party class action administrator retained by Plaintiff's counsel.(3) All consent forms must be returned by putative class members pursuant to the notice within 45 days of the mailing date in order for them to participate in this action.(4) Plaintiff's request for equitable tolling is DENIED without prejudice as unripe.Signed on 11/8/2019 by District Judge Roseann Ketchmark. (Phillips, Caleb)
February 5, 2019 Opinion or Order Filing 137 ORDER granting 117 Plaintiff's Motion for Equitable Tolling. The Court tolls the FLSA statute of limitations for potential class members from 5/10/2018 through 12/7/2018. Signed on 2/5/19 by District Judge Roseann Ketchmark. (Phillips, Caleb)
December 7, 2018 Opinion or Order Filing 118 ORDER granting 79 Plaintiff's motion to conditionally certify class. Signed on 12/7/2018 by District Judge Roseann Ketchmark. (Attachments: # 1 Exhibit A - Notice of Collective Action and Consent to Join) (Martin, Elizabeth)
November 13, 2018 Opinion or Order Filing 113 ORDER granting in part and denying in part 89 Defendant's motion to compel as follows:(1) Defendant's request to compel arbitration of Plaintiff Astarita's claims is GRANTED, and the request to dismiss the case is DENIED.(2) Pl aintiff Astarita's claims are STAYED pending completion of arbitration.(3) Counsel for the parties shall file a joint status report 90 days of the date of this Order and every 90 days thereafter until the claims are finally resolved.(4) All remaining relief requested in the motion to compel is DENIED. Signed on 11/13/2018 by District Judge Roseann Ketchmark. (Martin, Elizabeth)
April 2, 2018 Opinion or Order Filing 64 ORDER Striking 61 Amended Complaint filed by Albert J. Astarita, Diana M. Owens as Amended Complaint is not in compliance with Fed. R. Civ. P. 15(a). Signed on 4/2/2018 by District Judge Roseann Ketchmark. (Stout, Courtney)
March 9, 2018 Opinion or Order Filing 47 ORDER denying 22 Defendant's Motion to Stay and 27 Plaintiff's Motion to Stay. The parties are directed to jointly submit a briefing schedule for Plaintiffs Motion for Conditional Class Certification and the Defendants Motion to Dismiss/Compel Arbitration by 3/16/2018. Signed on 3/9/2018 by District Judge Roseann Ketchmark. (Stout, Courtney)
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Plaintiff: Albert J. Astarita
Represented By: Ryan L. McClelland
Represented By: Michael James Rahmberg
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Defendant: Menard, Inc.
Represented By: Francis X. Neuner, Jr.
Represented By: Brian E Peterson
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