Astarita v. Menard, Inc.

Plaintiff: Albert J. Astarita
Defendant: Menard, Inc.
Case Number: 5:2017cv06151
Filed: December 21, 2017
Court: Missouri Western District Court
Office: St. Joseph Office
County: Platte
Presiding Judge: Roseann Ketchmark
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29:201
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 5, 2019 Opinion or Order 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 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 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 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 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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