Hays v. Kimco Facility Services, LLC
| Misti Hays |
| Kimco Facility Services, LLC |
| 6:2021cv03265 |
| October 13, 2021 |
| US District Court for the Western District of Missouri |
| Lajuana M Counts |
| M Douglas Harpool |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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This docket was last retrieved on November 3, 2021. A more recent docket listing may be available from PACER.
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| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
Filing 51
RULE 16 NOTICE. Proposed scheduling order due by 12/21/2021. Rule 26 conference due by 12/6/2021. Signed on 11/2/21 by District Judge M. Douglas Harpool. (View, Pat)
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| Filing 50 NOTICE OF REASSIGNMENT from Magistrate Judge Lajuana M. Counts to District Judge M. Douglas Harpool. Please note the new case number: 21-3265-CV-S-MDH. (Melvin, Greg) |
| NOTICE OF HEARING CANCELLATION - The Scheduling Conference scheduled for Thursday, November 4, 2021 at 10:00am before US Magistrate Judge Lajuana M. Counts has been cancelled as this matter has been transferred to US District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Chorny, Traci) |
| Filing 49 ANSWER to #1 Complaint on behalf of Kimco Facility Services, LLC.(Lake, Heather) |
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Filing 48
ORDER granting #46 and #47 motion to appear pro hac vice entered by Clerk of Court. Attorney Katherine Eileen Stryker and Alejandro Caffarelli for Misti Hays allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 47 Motion to allow Alejandro Caffarelli to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7629706) filed by Diedre A Peters on behalf of Misti Hays. (Peters, Diedre) |
| Filing 46 Motion to allow Katherine E. Stryker to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7629690) filed by Diedre A Peters on behalf of Misti Hays. (Peters, Diedre) |
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Filing 45
ORDER granting #44 motion to appear pro hac vice entered by Clerk of Court. Attorney Melanie E. Baker Analo for Kimco Facility Services, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 44 Motion to allow M. Elysia Baker Analo to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7627891) filed by Heather M. Lake on behalf of Kimco Facility Services, LLC. (Lake, Heather) |
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Filing 43
ORAL ORDER Scheduling conference via Zoom set for 11/4/2021 at 10:00 AM before Magistrate Judge Lajuana M. Counts. The parties are directed to comply with the Clerk's Notice of Magistrate Judge Assignment, which was entered on October 13, 2021. Zoom instructions will be sent prior to the date of the conference. Signed on October 14, 2021 by Magistrate Judge Lajuana M. Counts. This is a TEXT ONLY ENTRY. No document is attached. (Clinton, Erica)
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Filing 42
ORAL ORDER granting #38 Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Defendant Kimco Facility Services, LLC's answer or other responsive pleading is due on or before 10/20/2021. Signed on October 14, 2021 by Magistrate Judge Lajuana M. Counts. This is a TEXT ONLY ENTRY. No document is attached. (Clinton, Erica)
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Filing 41
ORDER granting #40 motion to appear pro hac vice entered by Clerk of Court. Attorney Laura A. Balson for Kimco Facility Services, LLC allowed to appear pro hac vice.This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 40 Motion to allow Laura A. Balson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7627132) filed by Heather M. Lake on behalf of Kimco Facility Services, LLC. (Lake, Heather) |
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Filing 39
ORDER granting #37 motion to appear pro hac vice entered by Clerk of Court. Attorney Shaun D. Hanschen for Misti Hays allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 38 MOTION for extension of time to file answer re #1 Complaint (Unopposed) filed by Heather M. Lake on behalf of Kimco Facility Services, LLC. Suggestions in opposition/response due by 10/27/2021 unless otherwise directed by the court. (Related document(s) #1 ) (Lake, Heather) |
| Filing 37 Motion to allow Shaun D. Hanschen to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7625633) filed by Diedre A Peters on behalf of Misti Hays. (Peters, Diedre) |
| Filing 36 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Keller, Jeanne) |
| Filing 35 CASE TRANSFERRED IN from District of Illinois Northern; Case Number 1:20-cv-05467. |
| Filing 34 TRANSFERRED to the USDC Western District of Missouri the electronic record. (exr, ) [Transferred from ilnd on 10/13/2021.] |
| NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to Plaintiff and Defendant: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 11/3/2021 unless otherwise directed by the court. (Keller, Jeanne) |
| Filing 33 MEMORANDUM Opinion and Order Signed by the Honorable Andrea R. Wood on 9/29/2021. Mailed notice (dal, ) [Transferred from ilnd on 10/13/2021.] |
| Filing 32 MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the accompanying Memorandum Opinion and Order, Defendant's motion to dismiss for improper venue or, in the alternative, to transfer venue #15 is granted with respect to the alternative requested relief. The Clerk is directed to transfer this case to the United States District Court for the Western District of Missouri for all further proceedings. All other pending motions and hearing dates are terminated from this Court's docket. Civil case terminated. Mailed notice (dal, ) [Transferred from ilnd on 10/13/2021.] |
| Filing 31 MOTION by Defendant Kimco Facility Services, LLC for extension of time to complete discovery (Balson, Laura) [Transferred from ilnd on 10/13/2021.] |
| Filing 30 NOTICE by Laura A. Balson of Change of Address (Balson, Laura) [Transferred from ilnd on 10/13/2021.] |
| Filing 29 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 6/10/2021 is stricken; parties need not appear. Mailed notice (aw,) [Transferred from ilnd on 10/13/2021.] |
| Filing 28 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel to appear pro hac vice #24 is granted. Mailed notice (dal, ) [Transferred from ilnd on 10/13/2021.] |
| Filing 27 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 5/13/2021 is stricken and reset for 6/10/2021 at 09:30 AM. Mailed notice (aw,) [Transferred from ilnd on 10/13/2021.] |
| Filing 26 WITHDRAWING Susan Bassford Wilson and Adding Laura Balson and Heather Lake as counsel for Defendant Kimco Facility Services, LLC and substituting Susan E. Bassford Wilson as counsel of record (Bassford Wilson, Susan) [Transferred from ilnd on 10/13/2021.] |
| Filing 25 NOTICE by Kimco Facility Services, LLC re MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18233887. #24 Designation of Local Counsel (Lake, Heather) [Transferred from ilnd on 10/13/2021.] |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18233887. (Lake, Heather) [Transferred from ilnd on 10/13/2021.] |
| Filing 23 ATTORNEY Appearance for Defendant Kimco Facility Services, LLC by Laura A. Balson (Balson, Laura) [Transferred from ilnd on 10/13/2021.] |
| Filing 22 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 4/20/2021 is stricken and reset for 5/13/2021 at 10:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from ilnd on 10/13/2021.] |
| Filing 21 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 2/16/2021 is stricken and reset for 4/20/2021 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from ilnd on 10/13/2021.] |
| Filing 20 REPLY by Defendant Kimco Facility Services, LLC to memorandum in opposition to motion, #19 Defendant Kimco Facility Services, LLC's Reply in Support of Its Motion to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue (Bassford Wilson, Susan) [Transferred from ilnd on 10/13/2021.] |
| Filing 19 MEMORANDUM by Misti Hays in Opposition to motion to dismiss #15 (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit B, #7 Exhibit B-1, #8 Exhibit B-2, #9 Exhibit B-3)(Hanschen, Shaun) [Transferred from ilnd on 10/13/2021.] |
| Filing 18 MINUTE entry before the Honorable Andrea R. Wood: Attorney Diedre A. Peters's motion to appear pro hac vice #12 is granted. In granting the motion, the Court notes (1) although Attorney Peters has checked the box indicating that local counsel has not been designated, a member of the Northern District of Illinois bar having an office within this district has also filed an appearance on behalf of the plaintiff; and (2) the client complaint referenced in the motion does not appear to have been formally submitted to the Missouri Office of Chief Disciplinary Counsel (MOCDC). With respect to the client complaint, Attorney Peters is directed to inform this Court in writing immediately upon receiving notice of the filing of a formal written complaint to the MOCDC. Mailed notice (dal, ) [Transferred from ilnd on 10/13/2021.] |
| Filing 17 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 11/18/2020. The Court sets the following schedule on Defendant Kimco Facility Services, LLC's motion to dismiss for improper venue or, in the alternative, to transfer venue: Plaintiff shall file her response by 12/18/2020 and Defendant shall file a reply by 1/8/2021. Initial disclosures shall be served 12/18/2020. Fact discovery shall be completed by 9/1/2021. Dispositive motions shall be filed by 12/10/2021. Telephonic status hearing set for 2/16/2021 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from ilnd on 10/13/2021.] |
| Filing 16 MEMORANDUM by Kimco Facility Services, LLC in support of motion to dismiss #15 (Attachments: #1 Declaration Ex. A Declaration of Mary Ann Calzon-Bazain)(Bassford Wilson, Susan) [Transferred from ilnd on 10/13/2021.] |
| Filing 15 MOTION by Defendant Kimco Facility Services, LLC to dismiss (Motion to Dismiss for Improper Venue) (Bassford Wilson, Susan) [Transferred from ilnd on 10/13/2021.] |
| Filing 14 STATUS Report (JOINT INITIAL) by Misti Hays (Stryker, Katherine) [Transferred from ilnd on 10/13/2021.] |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kimco Facility Services, LLC (Bassford Wilson, Susan) [Transferred from ilnd on 10/13/2021.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17637692. (Peters, Diedre) [Transferred from ilnd on 10/13/2021.] |
| Filing 11 MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for extension of time to file a responsive pleading to Plaintiff's complaint #10 is granted. Defendant shall have until 11/11/2020 to answer or otherwise respond to Plaintiff's complaint. Telephonic status hearing set for 11/18/2020 is reset for 11/18/2020 at 9:00 AM (TIME CHANGE ONLY). Mailed notice (dal, ) [Transferred from ilnd on 10/13/2021.] |
| Filing 10 MOTION by Defendant Kimco Facility Services, LLC for extension of time to file answer regarding complaint #1 (Unopposed Motion for Extension of Time to File a Responsive Pleading to Plaintiff's Complaint) (Bassford Wilson, Susan) [Transferred from ilnd on 10/13/2021.] |
| Filing 9 ATTORNEY Appearance for Defendant Kimco Facility Services, LLC by Susan E. Bassford Wilson (Bassford Wilson, Susan) [Transferred from ilnd on 10/13/2021.] |
| Filing 8 ATTORNEY Appearance for Plaintiff Misti Hays by Shaun D. Hanschen (Hanschen, Shaun) [Transferred from ilnd on 10/13/2021.] |
| Filing 7 SUMMONS Returned Executed by Misti Hays as to Kimco Facility Services, LLC on 10/7/2020, answer due 10/28/2020. (Caffarelli, Alejandro) [Transferred from ilnd on 10/13/2021.] |
| Filing 6 MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 11/18/2020 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (dal, ) [Transferred from ilnd on 10/13/2021.] |
| SUMMONS Issued as to Defendant Kimco Facility Services, LLC (exr, ) [Transferred from ilnd on 10/13/2021.] |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (gw, ) [Transferred from ilnd on 10/13/2021.] |
| Filing 5 ATTORNEY Appearance for Plaintiff Misti Hays by Madeline K. Engel (Engel, Madeline) [Transferred from ilnd on 10/13/2021.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Misti Hays by Katherine Eileen Stryker (Stryker, Katherine) [Transferred from ilnd on 10/13/2021.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Misti Hays by Alejandro Caffarelli (Caffarelli, Alejandro) [Transferred from ilnd on 10/13/2021.] |
| Filing 2 CIVIL Cover Sheet (Caffarelli, Alejandro) [Transferred from ilnd on 10/13/2021.] |
| Filing 1 COMPLAINT filed by Misti Hays; Filing fee $ 400, receipt number 0752-17439171. (Attachments: #1 Exhibit A)(Caffarelli, Alejandro) [Transferred from ilnd on 10/13/2021.] |
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