Grove, et al v. Meltech et al
Plaintiff: Andrea Grove and Chrystina Winchell
Defendant: H&S Club Omaha, Inc., Shane Harrington, Meltech and Brad Contreras
Case Number: 8:2020cv00193
Filed: May 26, 2020
Court: US District Court for the District of Nebraska
Presiding Judge: Joseph F Bataillon
Referring Judge: Michael D Nelson
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2021 Filing 242 REPLY BRIEF MOTION to Certify Class #186 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
August 16, 2021 Filing 241 RESTRICTED DOCUMENT regarding MOTION to file under Seal #235 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Spencer, Evan)
August 16, 2021 Filing 240 INDEX in support of Brief, #239 Excluding Restricted Exhibits A - E by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit N, #10 Exhibit O, #11 Exhibit P, #12 Exhibit Q, #13 Exhibit R, #14 Exhibit S)(Spencer, Evan)
August 16, 2021 Filing 239 BRIEF in opposition to MOTION to Certify Class #186 by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
August 13, 2021 Opinion or Order Filing 238 ORDER FOR SETTLEMENT CONFERENCE - Magistrate Judge Nelson will hold a telephone conference with counsel on September 10, 2021, at 11:00 a.m. CDT (12:00 p.m. EDT) for the purpose of reviewing any outstanding issues that may be relevant prior to the settlement conference. Conference Instructions are located at Filing No. #145 in this case. A settlement conference will be held before United States Magistrate Judge Michael D. Nelson with counsel and representatives of the parties on September 15, 2021, commencing at 12:00 p.m. CDT (1:00 p.m. EDT) and will be conducted via video conference. Video conference instructions for this settlement conference are found at Filing No. 237. The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
August 13, 2021 Opinion or Order Filing 237 RESTRICTED VIDEO CONFERENCE INSTRUCTIONS AND ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Michael D. Nelson. (JLM)
August 13, 2021 Opinion or Order Filing 236 TEXT ORDER granting in part and denying in part #235 Motion to Seal. Defendants are given leave to file their Exhibits A through E under restricted access rather than sealed. See NECivR 5.3 and NEGenR 1.3(a)(1)(B). Ordered by Magistrate Judge Michael D. Nelson. (SMN)
August 12, 2021 Filing 235 MOTION to file under Seal by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
August 5, 2021 Opinion or Order Filing 234 TEXT ORDER - After review, Plaintiffs' Motion to Withdraw Motion for Disqualification #230 is granted; Plaintiffs' Renewed Motion to Disqualify Defendants' Counsel and for Sanctions #204 is deemed withdrawn; Plaintiffs' Motion for Leave to File a Reply in Support of Motion for Disqualification #233 is denied as moot. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
August 4, 2021 Filing 233 MOTION for Leave to File Reply in Support of Disqualification by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
August 3, 2021 Filing 232 INDEX in support of Declaration, #231 by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A)(Spencer, Evan)
August 3, 2021 Filing 231 DECLARATION regarding MOTION for Leave to Withdraw Motion for Disqualification #230 Opposition by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
August 2, 2021 Filing 230 MOTION for Leave to Withdraw Motion for Disqualification by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
July 30, 2021 Opinion or Order Filing 229 TEXT ORDER regarding Plaintiffs' Letter #228 . Defense counsel advised the court by email they do not object to Plaintiffs' request. Plaintiffs shall have an extension of time to August 6, 2021, to respond to Defendants' written discovery requests. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
July 30, 2021 Filing 228 LETTER regarding Written Discovery Responses by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
July 25, 2021 Filing 227 INDEX in support of Brief, #226 by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Spencer, Evan)
July 25, 2021 Filing 226 BRIEF in opposition to MOTION to Disqualify and for Sanctions (Renewed) #204 by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 20, 2021 Filing 225 NOTICE to Take Deposition of Plaintiffs Andrea Grove & Chrystina Winchill and opt-ins Autumn Smith, Katlynn Clark, Tonya Zemunski-Contreras, Cassandra Schueth, Diana Blanco & Mary Hicks by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech (Spencer, Evan)
July 19, 2021 Filing 224 AUDIO FILE. Court Date & Time [ 7/19/2021 2:25:49 PM ]. File Size [ 4310 KB ]. Run Time [ 00:17:58 ]. (Telephone Conference). (auto-docket).
July 19, 2021 Filing 223 TEXT MINUTE ENTRY for telephone conference held with counsel for the parties on July 19, 2021, before Magistrate Judge Michael D. Nelson. Discussion held regarding deposition and case progression matters. For good cause shown, the deadline for defendants to file a response to Plaintiff's Motion to Certify Class (Filing No. #186 ) is extended to August 16, 2021. Reporter: Portable Digital Recorder. Time Start: 2:35 p.m.; Time Stop: 2:53 p.m.; Time in Court: 18 minutes(JLM)
July 19, 2021 Opinion or Order Filing 222 TEXT ORDER SETTING HEARING: A telephone conference is set for July 19, 2021, at 2:30 PM CDT (3:30 PM EDT) before Magistrate Judge Michael D. Nelson to discuss the extension of deadlines and depositions. The parties shall use the case conference instructions associated with this case to participate in the call. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
July 14, 2021 Filing 221 AUDIO FILE. Court Date & Time [ 7/14/2021 10:47:57 AM ]. File Size [ 6733 KB ]. Run Time [ 00:28:03 ]. (Telephone Conference). (auto-docket).
July 14, 2021 Filing 220 TEXT MINUTE ENTRY for telephone conference held with counsel for the parties on July 14, 2021, before Magistrate Judge Michael D. Nelson. Arguments and discussion held on parties' dispute regarding the method of taking depositions. The court's ruling was stated on the record. Reporter: Portable Digital Recorder. Time Start: 11:37 a.m.; Time Stop: 12:05 p.m.; Time in Court: 28 minutes (SMN)
July 12, 2021 Opinion or Order Filing 219 TEXT ORDER granting 218 Email Motion. A telephone conference is set for July 14, 2021, at 11:30 AM CDT (12:30 PM EDT) before Magistrate Judge Michael D. Nelson. Plaintiffs shall provide chambers their response to Defendants' email on or before July 13, 2021. The parties shall use the case conference instructions associated with this case to participate in the call. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
July 9, 2021 Filing 218 TEXT EMAIL MOTION by counsel for Defendants requesting a telephone conference to discuss discovery disputes. (JLM)
July 6, 2021 Opinion or Order Filing 217 AMENDED CASE PROGRESSION ORDER - The Motion to Extend Time to Respond to Motion to Disqualify and for Sanctions (renewed) (Filing No. #214 ) is granted. The deadline for Defendants to file a response to Plaintiffs' Motion to Disqualify and for Sanctions (Filing No. #204 ) is July 26, 2021. The deadline for Defendants to file a response to Plaintiffs' Motion to Certify Class (Filing No. #186 ) is August 2, 2021. Depositions due 12/01/2021. The status conference scheduled for September 3, 2021, is cancelled. The planning conference before the undersigned magistrate judge to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings is rescheduled from October 1, 2021, to December 10, 2021, at 1:00 p.m. CST by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LRM)
July 6, 2021 Filing 216 AUDIO FILE. Court Date & Time [ 7/6/2021 1:26:52 PM ]. File Size [ 7126 KB ]. Run Time [ 00:29:42 ]. (Status Conference). (auto-docket).
July 1, 2021 Opinion or Order Filing 215 TEXT ORDER SETTING HEARING: A status conference to discuss case progression and the Defendants' Motion to Extend Time to Respond to Motion to Disqualify and for Sanctions (Renewed) #204 #214 is set for July 6, 2021, at 1:30 PM CDT (2:30 EDT) by telephone before Magistrate Judge Michael D. Nelson. The parties shall use the case conference instructions associated with this case to participate in the call. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
June 30, 2021 Filing 214 MOTION to Extend Time to Respond to MOTION to Disqualify and for Sanctions (Renewed) #204 by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
June 29, 2021 Filing 213 STATUS REPORT by All Parties by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
June 29, 2021 Opinion or Order Filing 212 TEXT ORDER granting in part and denying in part #207 Motion to Seal; granting in part and denying in part #210 Motion to Seal. Access to Plaintiff's Exhibits A, F, G and H at filings #208 and #211 will be restricted to the case participants and court users, rather than sealed. See NECivR 5.3 and NEGenR 1.3(a)(1)(B). Ordered by Magistrate Judge Michael D. Nelson. (SMN)
June 29, 2021 Filing 211 RESTRICTED DOCUMENT regarding MOTION to file under Seal #210 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena) Modified on 6/29/2021 to change from sealed to restricted per Text Order 212 (LRM). Modified on 6/30/2021 to remove restriction from the docket entry (LRM).
June 29, 2021 Filing 210 MOTION to file under Seal by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
June 29, 2021 Filing 209 INDEX in support of MOTION to Disqualify and for Sanctions (Renewed) #204 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Savytska Decl., #2 Exhibit A [under seal])(Savytska, Olena)
June 28, 2021 Filing 208 RESTRICTED DOCUMENT regarding MOTION to file under Seal #207 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit A, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H)(Savytska, Olena) Modified on 6/29/2021 to change from sealed to restricted per Text Order 212 (LRM). Modified on 6/30/2021 to remove restriction from the docket entry (LRM).
June 28, 2021 Filing 207 MOTION to file under Seal by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
June 28, 2021 Filing 206 INDEX in support of MOTION to Disqualify and for Sanctions (Renewed) #204 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Savytska Decl., #2 Exhibit A [under seal], #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F [under seal], #8 Exhibit G [under seal], #9 Exhibit H [under seal])(Savytska, Olena)
June 28, 2021 Filing 205 BRIEF in support of MOTION to Disqualify and for Sanctions (Renewed) #204 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
June 28, 2021 Filing 204 MOTION to Disqualify and for Sanctions (Renewed) by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
June 23, 2021 Filing 203 MINUTE ENTRY for Settlement Conference held by video conference before Magistrate Judge Michael D. Nelson on June 23, 2021. Attorneys Olena Savytska and Sarah Schalman-Bergan appeared for Plaintiffs. A joint status report is due on or before June 29, 2021, in accordance with the Order at Filing No. #194 . Time Start: 12:00 PM; Time Stop: 12:10 PM; Time in Court: 10 Minutes. (JLM)
June 23, 2021 Filing 202 AUDIO FILE. Court Date & Time [ 6/22/2021 1:58:21 PM ]. File Size [ 2214 KB ]. Run Time [ 00:09:13 ]. (Settlement Conference). (auto-docket).
June 23, 2021 Filing 201 MINUTE ENTRY for Settlement Conference held by video conference before Magistrate Judge Michael D. Nelson on June 22, 2021. Appearances made on the record. Settlement conference procedures stated on the record. Conference continued off the record. Settlement Conference to be continued on June 23, 2021, at 12:00 p.m. CDT (1:00 p.m. EDT), via video conference. For Plaintiff: Attorneys Harold Lichten, Olena Savytska, and Sarah Schalman-Bergan with Plaintiffs Andrea Grove and Chrystina Winchell; For Defendant: Attorneys Evan Spencer and Travis Penn with Defendant Shane Harrington. Court Reporter: Portable Digital Recorder. Time Start: 14:09 PM; Time Stop: 17:47 PM; Time in Court: 3 hours and 38 minutes. (JLM)
June 21, 2021 Filing 200 TEXT MINUTE ENTRY for telephone conference held with counsel for the parties on June 21, 2021, before Magistrate Judge Michael D. Nelson. Discussion held regarding the upcoming settlement conference. The plaintiffs shall make a starting settlement offer and the defendants shall respond with a counter-offer before 5:00 p.m. CDT on June 21, 2021. The court shall be advised of the same by email to: nelson@ned.uscourts.gov. The settlement conference is rescheduled and will start at 2:00 p.m. CDT on June 22, 2021. (JLM)
June 17, 2021 Opinion or Order Filing 199 TEXT ORDER RESCHEDULING HEARING: The telephone conference scheduled for June 18, 2021, has been rescheduled for June 21, 2021, at 1:00 p.m. CDT (2:00 p.m. EDT). The conference is for the purpose of reviewing any outstanding issues that may be relevant prior to the settlement conference. Conference Instructions are located at Filing No. #145 in this case. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
May 25, 2021 Filing 198 TEXT NOTICE of Hearing regarding Order #197 . Settlement Conference set for 6/22/2021 12:00 PM Video Conferencing before Magistrate Judge Michael D. Nelson. Telephone Conference set for 6/18/2021 at 11:30 AM by Telephone before Magistrate Judge Michael D. Nelson. (LRM)
May 25, 2021 Opinion or Order Filing 197 ORDER FOR SETTLEMENT CONFERENCE A settlement conference will be held before United States Magistrate Judge Michael D. Nelson with counsel and representatives of the parties on June 22, 2021, commencing at 12:00 p.m. CDT (1:00 p.m. EDT) and will be conducted via video conference. Video conference instructions for this settlement conference are found at Filing No. #196 . The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference. Unless excused by order of the Court, clients or client representatives with complete authority to negotiate and consummate a settlement shall be in attendance at the settlement conference. To avoid expenses if the settlement conference is canceled or postponed, any request for cancellation or postponement must be made on or before June 1, 2021. Counsel shall submit a confidential settlement statement to nelson@ned.uscourts.gov no later than June 11, 2021. Magistrate Judge Nelson will hold a telephone conference with counsel on June 18, 2021, at 11:30 a.m. CDT (12:30 p.m. EDT) for the purpose of reviewing any outstanding issues that may be relevant prior to the settlement conference. Conference Instructions are located at Filing No. #145 in this case. Ordered by Magistrate Judge Michael D. Nelson. (LRM)
May 25, 2021 Opinion or Order Filing 196 RESTRICTED VIDEO CONFERENCE INSTRUCTIONS AND ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Michael D. Nelson. (JLM)
May 25, 2021 Filing 195 TEXT MINUTE ENTRY for telephone conference held with counsel for the parties on May 25, 2021, before Magistrate Judge Michael D. Nelson. Discussion held regarding the scheduling, logistics, and parameters of a court-supervised settlement conference. Further order to be entered consistent with the discussion. (SMN)
May 18, 2021 Opinion or Order Filing 194 ORDER The parties' Stipulation to Stay Litigation and Tolling Agreement (Filing No. #192 ) is granted. This case is stayed until June 29, 2021. On or before that date, the parties shall submit a joint status report apprising the Court as to their positions on whether the stay should be extended or whether case progression deadlines should be reinstated. Ordered by Magistrate Judge Michael D. Nelson. (LRM)
May 18, 2021 Opinion or Order Filing 193 TEXT ORDER SETTING HEARING: A telephone conference to discuss the scheduling, logistics and parameters of a settlement conference is set for May 25, 2021, at 11:00 AM CDT (12:00 PM EDT) before Magistrate Judge Michael D. Nelson. The parties shall use the case conference instructions associated with this case to participate in the call. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
May 14, 2021 Filing 192 JOINT STIPULATION to Stay Case for Mediation by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
May 14, 2021 Opinion or Order Filing 191 JUDGMENT for attorney fees in the amount of $4,865.00 is entered in favor of the plaintiffs and against defendants. Ordered by Senior Judge Joseph F. Bataillon. (LRM)
May 11, 2021 Filing 190 AUDIO FILE. Court Date & Time [ 5/10/2021 1:57:30 PM ]. File Size [ 8596 KB ]. Run Time [ 00:35:49 ]. (Telephone Conference). (auto-docket).
May 11, 2021 Opinion or Order Filing 189 CASE PROGRESSION ORDER - Depositions due 10/01/2021. A status conference to discuss case progression and the parties' interest in settlement will be held with the undersigned magistrate judge on September 3, 2021, at 2:00 p.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on October 1, 2021, at 2:00 p.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LRM)
May 10, 2021 Filing 188 INDEX in support of MOTION to Certify Class #186 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Notice, #2 Exhibit Grove Decl., #3 Exhibit Winchell Decl., #4 Exhibit Blanco Decl., #5 Exhibit Hicks Decl.)(Savytska, Olena)
May 10, 2021 Filing 187 BRIEF in support of MOTION to Certify Class #186 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
May 10, 2021 Filing 186 MOTION to Certify Class by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
May 6, 2021 Filing 185 NOTICE of Opt-In Consent Form Filing by Attorney Harold Lichten on behalf of Counter Defendants Andrea Grove, Chrystina Winchell, Plaintiffs Andrea Grove, Chrystina Winchell (Attachments: #1 Exhibit Opt-In Consent Form)(Lichten, Harold)
May 3, 2021 Opinion or Order Filing 184 TEXT ORDER SETTING HEARING: A telephone conference to discuss case progression is set for May 10, 2021, at 2:00 PM CDT before Magistrate Judge Michael D. Nelson. The parties shall use the case conference instructions associated with this case to participate in the call. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
April 30, 2021 Filing 183 REPLY regarding Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion to Compel,,,, #175 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
April 30, 2021 Filing 182 STATUS REPORT by all Parties by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
April 30, 2021 Filing 181 ANSWER to Amended Complaint #177 by Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech (Spencer, Evan)
April 30, 2021 Filing 180 NOTICE of Appearance by Attorney Evan Spencer on behalf of Defendants Brad Contreras, H&S Club Omaha, Inc., Shane Harrington, Meltech, Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech (Spencer, Evan)
April 26, 2021 Filing 179 BRIEF in opposition to Statement #178 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
April 21, 2021 Filing 178 STATEMENT of Attorneys' Fees by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
April 16, 2021 Filing 177 AMENDED COMPLAINT (Second) against Defendant All Defendants, by Attorney Olena Savytska on behalf of Andrea Grove, Chrystina Winchell(Savytska, Olena)
April 16, 2021 Opinion or Order Filing 176 ORDER Plaintiffs' Motion to Amend Complaint (Filing No. #132 ) is granted. Plaintiffs shall file their Second Amended Complaint (Filing No. [133-1]) on or before April 30, 2021. Defendants' Motion to File Amended Answer to Amended Complaint (Filing No. #163 ) is denied as moot. Defendants shall file a responsive pleading to Plaintiffs' Second Amended Complaint within 14-days after Plaintiffs file their amended pleading. Ordered by Magistrate Judge Michael D. Nelson. (LRM)
April 15, 2021 Opinion or Order Filing 175 MEMORANDUM AND ORDER Plaintiffs' motion, renewed motion, and supplemental motion for civil contempt (Filing Nos. #92 , #109 , and #126 ) are denied without prejudice to reassertion. Plaintiffs' motion and supplemental motion to disqualify counsel, or for sanctions (Filing Nos. #124 and #129 ) are denied without prejudice to reassertion. Defendants' motion for miscellaneous relief (Filing No. #118 ) is denied. Plaintiffs' emergency motion for corrective notice, sanctions, and attorneys fees (Filing No. #146 ) is granted in part and denied in part, as set forth in this order. Plaintiffs' Motion to dismiss the defendants' counterclaims for failure to state a claim (Filing No. #123 ) is denied. Defendants' motion to compel arbitration of Tonya Contreras (Filing No. #150 ) is denied. Within 7 days of the date of this order, the plaintiffs shall submit a statement of attorney fees incurred in connection with responding to the defendants' filing of disparaging statements concerning potential members of the collective class. Ordered by Senior Judge Joseph F. Bataillon. (LRM)
April 14, 2021 Filing 174 NOTICE of Opt-In Consent Form Filing by Attorney Harold Lichten on behalf of Plaintiffs Andrea Grove, Chrystina Winchell (Attachments: #1 Exhibit A - Opt-In Consent Form)(Lichten, Harold)
April 6, 2021 Filing 173 INDEX in support of MOTION to Amend Answer #163 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spencer, Evan)
April 6, 2021 Filing 172 REPLY BRIEF in support of MOTION to Amend Answer #163 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 30, 2021 Filing 171 BRIEF in opposition to MOTION to Amend Answer #163 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
March 30, 2021 Filing 170 REPLY BRIEF in support of MOTION to Amend Amended Complaint #58 #132 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
March 28, 2021 Filing 169 INDEX in support of Brief, #168 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Spencer, Evan)
March 28, 2021 Filing 168 BRIEF in opposition to MOTION to Amend Amended Complaint #58 #132 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 22, 2021 Filing 167 AUDIO FILE. Court Date & Time [ 3/22/2021 8:16:02 AM ]. File Size [ 6075 KB ]. Run Time [ 00:25:19 ]. (Telephone Conference). (auto-docket).
March 22, 2021 Filing 166 TEXT MINUTE ENTRY for telephone conference held on March 22, 2021, before Magistrate Judge Michael D. Nelson. Discussion held regarding case progression and pending motions. Per the discussion, discovery will not commence until the pending motions to amend are resolved and the parties file a joint Rule 26(f) Report. Reporter: Portable Digital Recorder. Time Start: 11:05 a.m.; Time Stop: 11:30 a.m.; Time in Court: 25 Minutes. (SMN)
March 21, 2021 Filing 165 INDEX in support of MOTION to Amend Answer #163 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A)(Spencer, Evan)
March 21, 2021 Filing 164 BRIEF in support of MOTION to Amend Answer #163 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 21, 2021 Filing 163 MOTION to Amend Answer by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 10, 2021 Filing 162 BRIEF in opposition to MOTION to Compel Arbitration of Tonya Contreras #150 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
March 10, 2021 Filing 161 REPLY BRIEF in support of MOTION Emergency Motion for Corrective Notice, Sanctions and Attorneys' Fees #146 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
March 10, 2021 Filing 160 MANDATE/JUDGMENT from USCA - 8th Circuit (21-1115) In accordance with the judgment of 03/10/2021, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (TCL)
March 10, 2021 Filing 159 COPY of Order (Judgment) from USCA - 8th Circuit (21-1115) Appellants' motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b). The Court's mandate shall issue forthwith. (TCL)
March 9, 2021 Filing 158 REPLY BRIEF in support of SUPPLEMENTAL MOTION to Disqualify Defendants' Counsel regarding MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 #129 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
March 9, 2021 Filing 157 NOTICE of Withdrawal of Opt-In by Attorney Harold Lichten on behalf of Plaintiffs Andrea Grove, Chrystina Winchell (Lichten, Harold)
March 8, 2021 Filing 156 REPLY BRIEF in support of MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
March 8, 2021 Filing 155 BRIEF in opposition to SUPPLEMENTAL MOTION to Disqualify Defendants' Counsel regarding MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 #129 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 8, 2021 Filing 154 INDEX in support of Brief, #153 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A)(Spencer, Evan)
March 8, 2021 Filing 153 BRIEF in opposition to MOTION Emergency Motion for Corrective Notice, Sanctions and Attorneys' Fees #146 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 5, 2021 Filing 151 BRIEF in support of MOTION to Compel Arbitration of Tonya Contreras #150 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 5, 2021 Filing 150 MOTION to Compel Arbitration of Tonya Contreras by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 4, 2021 Filing 149 NOTICE of Opt-In Consent Form Filing by Attorney Harold Lichten on behalf of Plaintiffs Andrea Grove, Chrystina Winchell (Attachments: #1 Exhibit A - Opt-In Consent Forms)(Lichten, Harold)
March 4, 2021 Filing 148 INDEX in support of MOTION Emergency Motion for Corrective Notice, Sanctions and Attorneys' Fees #146 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Savytska Decl.)(Savytska, Olena)
March 4, 2021 Filing 147 BRIEF in support of MOTION Emergency Motion for Corrective Notice, Sanctions and Attorneys' Fees #146 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
March 4, 2021 Filing 146 MOTION Emergency Motion for Corrective Notice, Sanctions and Attorneys' Fees by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
March 3, 2021 Opinion or Order Filing 145 RESTRICTED HEARING INSTRUCTIONS AND ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Michael D. Nelson. (ADB)
March 3, 2021 Opinion or Order Filing 144 TEXT ORDER SETTING HEARING: A telephone conference is set for March 22, 2021, at 11:00 AM before Magistrate Judge Michael D. Nelson. A separate order will be filed with conferencing instructions. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
March 3, 2021 Opinion or Order Filing 143 TEXT ORDER granting #141 Motion for Hearing. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
March 3, 2021 Filing 142 INDEX in support of MOTION for Hearing Pursuant to FRCP Rule 16 #141 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spencer, Evan)
March 3, 2021 Filing 141 MOTION for Hearing Pursuant to FRCP Rule 16 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 1, 2021 Opinion or Order Filing 140 TEXT ORDER granting #138 Motion to Extend. Defendants shall have an extension of time to March 29, 2021, to file a response to Plaintiffs' motion to dismiss Defendants' counterclaims #123 and Plaintiffs' motion to file a second amended complaint #132 . Ordered by Magistrate Judge Michael D. Nelson. (SMN)
March 1, 2021 Filing 139 INDEX in support of SUPPLEMENTAL MOTION to Disqualify Defendants' Counsel regarding MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 #129 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Savytska Decl.)(Savytska, Olena)
March 1, 2021 Filing 138 MOTION to Extend Time to Respond to MOTION to Amend Amended Complaint #58 #132 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #123 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
March 1, 2021 Filing 137 INDEX in support of Brief, #136 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Spencer, Evan)
March 1, 2021 Filing 136 BRIEF in opposition to SUPPLEMENTAL MOTION to Disqualify Defendants' Counsel regarding MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 #129 , MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
February 28, 2021 Filing 135 DISCLOSURE Certificate of Service by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
February 27, 2021 Filing 134 INDEX in support of MOTION to Amend Amended Complaint #58 #132 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Savytska Decl.)(Savytska, Olena)
February 27, 2021 Filing 133 BRIEF in support of MOTION to Amend Amended Complaint #58 #132 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Second Amended Complaint)(Savytska, Olena)
February 27, 2021 Filing 132 MOTION to Amend Amended Complaint #58 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
February 23, 2021 Filing 131 INDEX in support of SUPPLEMENTAL MOTION to Disqualify Defendants' Counsel regarding MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 #129 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Savytska Decl.)(Savytska, Olena)
February 23, 2021 Filing 130 BRIEF in support of SUPPLEMENTAL MOTION to Disqualify Defendants' Counsel regarding MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 #129 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
February 23, 2021 Filing 129 SUPPLEMENTAL MOTION to Disqualify Defendants' Counsel regarding MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
February 19, 2021 Filing 128 TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon Motion Hearing held on 2/19/2021 regarding MOTION Civil Contempt (Renewed) #109 and MOTION Civil Contempt #92 . Hearing held in Omaha. Defendant's objection to plaintiffs counsel not being present in the courtroom is overruled. Defendant to submit materials to plaintiffs by 3/1/2021. The court will seal Exhibit 1 of Filing No. 127 and Exhibit 1 of Filing No. 125. Written order forthcoming. Courtroom Deputy: Tiwauna Lawrence; Reporter: Brenda Fauber; Appearance for Plaintiff: Harold Lichten: Appearance for Defendant: Evan Spencer and Travis J. Penn; Time Start: 2:14 PM; Time Stop: 2:46 PM; Time in Court: 32 Minutes. (TCL)
February 19, 2021 Filing 127 INDEX in support of SUPPLEMENTAL MOTION for Contempt regarding MOTION Civil Contempt (Renewed) #109 #126 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Savytska Decl.) (Savytska, Olena) Attachment #1 IS SEALED PURSUANT TO AN ORDER OF THE COURT AND/OR LEGAL AUTHORITY GOVERNING SEALED FILINGS. ACCESS IS LIMITED ONLY TO THE COURT. Modified on 2/22/2021 to reflect that attachment #1 is sealed per JFB chambers(TCL).
February 19, 2021 Filing 126 SUPPLEMENTAL MOTION for Contempt regarding MOTION Civil Contempt (Renewed) #109 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
February 18, 2021 Filing 125 INDEX in support of MOTION Disqualify Counsel or, in the alternative, for Sanctions #124 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Savytska Decl.)(Savytska, Olena) Attachment #1 IS SEALED PURSUANT TO AN ORDER OF THE COURT AND/OR LEGAL AUTHORITY GOVERNING SEALED FILINGS. ACCESS IS LIMITED ONLY TO THE COURT. Modified on 2/22/2021 to reflect that attachment #1 is sealed per JFB chambers(TCL).
February 18, 2021 Filing 124 MOTION Disqualify Counsel or, in the alternative, for Sanctions by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
February 16, 2021 Filing 123 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Olena Savytska on behalf of Counter Defendants Andrea Grove, Chrystina Winchell.(Savytska, Olena)
February 15, 2021 Filing 122 INDEX in opposition to MOTION for Miscellaneous Relief #118 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Savytska Decl.)(Savytska, Olena)
February 15, 2021 Filing 121 BRIEF in opposition to MOTION for Miscellaneous Relief #118 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
February 12, 2021 Filing 120 BRIEF in opposition to MOTION Civil Contempt (Renewed) #109 by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A)(Spencer, Evan)
February 12, 2021 Filing 119 BRIEF in support of MOTION for Miscellaneous Relief #118 and in Opposition to Plaintiffs' Renewed Motion for Civil Contempt by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A)(Spencer, Evan)
February 12, 2021 Filing 118 MOTION for Miscellaneous Relief by Attorney Evan Spencer on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
February 12, 2021 Opinion or Order Filing 117 TEXT ORDER granting Plaintiffs' #116 Motion to Appear by Telephone. Plaintiffs may appear by telephone for the hearing scheduled on February 19, 2021 at 2:00 p.m. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
February 11, 2021 Filing 116 MOTION Appear by Phone at Contempt Hearing regarding Memorandum and Order,, Set/Reset Motion and R&R Deadlines/Hearings, #114 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
February 5, 2021 Filing 115 NOTICE of Appearance for all Defendants by Attorney Travis J. Penn on behalf of Counter Claimants H&S Club Omaha, Inc., Shane Harrington, Meltech, Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech (Penn, Travis)
January 29, 2021 Opinion or Order Filing 114 MEMORANDUM AND ORDER Defendants shall respond to the plaintiffs' motion and renewed motion for civil contempt within 14 days of the date of this order. Defendants shall appear and show cause why they should not be held in contempt at a hearing before the undersigned on February 19, 2021, at 2:00 p.m. in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Ordered by Senior Judge Joseph F. Bataillon. (LRM)
January 29, 2021 Opinion or Order Filing 113 ORDER that the defendant's emergency motion (Filing No. #104 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (LRM)
January 26, 2021 Filing 112 INDEX in support of MOTION for 30 Day Injunction or Stay and Hearing #104 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spencer, Evan)
January 26, 2021 Filing 111 REPLY BRIEF in support of MOTION for 30 Day Injunction or Stay and Hearing #104 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington.(Spencer, Evan)
January 26, 2021 Filing 110 ANSWER to Amended Complaint #58 , COUNTERCLAIM against All Plaintiffs regarding Amended Complaint #58 filed by Andrea Grove by Shane Harrington, H&S Club Omaha, Inc., Meltech (Spencer, Evan)
January 22, 2021 Filing 109 MOTION Civil Contempt (Renewed) by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
January 22, 2021 Filing 108 COPY of Order from USCA - 8th Circuit (21-1115) Appellants' motion for stay pending appeal is denied. (LKO)
January 20, 2021 Filing 107 BRIEF in opposition to MOTION for 30 Day Injunction or Stay and Hearing #104 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
January 18, 2021 Filing 106 INDEX in support of MOTION for 30 Day Injunction or Stay and Hearing #104 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A)(Spencer, Evan)
January 18, 2021 Filing 105 BRIEF in support of MOTION for 30 Day Injunction or Stay and Hearing #104 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
January 18, 2021 Filing 104 MOTION for 30 Day Injunction or Stay and Hearing by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit Certification)(Spencer, Evan)
January 15, 2021 Filing 103 SCHEDULING LETTER from USCA - 8th Circuit (21-1115) as to Notice of Appeal to USCA #95 . (LRM)
January 15, 2021 Filing 102 Letter by Clerk of USCA - 8th Circuit(21-1115) regarding Notice of Appeal to USCA #95 . (LRM)
January 15, 2021 Filing 101 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA #95 and Order on Motion to Dismiss for Failure to State a Claim #94 . Notice of Appeal filed on 01/11/2021 by Defendants H&S Club Omaha, Inc., Shane Harrington, and Meltech. (LRM)
January 14, 2021 Opinion or Order Filing 100 ORDER The defendants' motion for a stay (Filing No. #96 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (LRM)
January 12, 2021 Opinion or Order Filing 99 ORDER The defendants' motion for reconsideration (Filing No. #87 ) is denied. Within seven days of the date of this order, the defendants shall produce to the plaintiff the names, last known mailing and e-mail addresses, and telephone numbers for all individuals who currently work and/or previously worked at Club Omaha as exotic dancers at any time in the three years preceding the date of the Court's conditional class certification order (Filing No. #85 ). The plaintiff's motion for civil contempt (Filing No. #92 ) will be held in abeyance pending the defendants' compliance with this Memorandum and Order. The defendants shall promptly obtain local counsel to assist in the defense of this action. Ordered by Senior Judge Joseph F. Bataillon. (LRM)
January 12, 2021 INTERLOCUTORY APPEAL regarding Notice of Appeal to USCA #95 . This event corrects the docket entry of #95 - filer selected incorrect event. In the future, use the Interlocutory Appeal event. (LRM)
January 11, 2021 Filing 98 RESPONSE regarding MOTION Civil Contempt #92 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
January 11, 2021 Filing 97 BRIEF in support of MOTION to Stay #96 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
January 11, 2021 Filing 96 MOTION to Stay by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
January 11, 2021 Filing 95 NOTICE OF APPEAL regarding Order on Motion to Dismiss for Failure to State a Claim, #94 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. Filing fee $ 505, receipt number ANEDC-4314945. (Spencer, Evan)
January 5, 2021 Opinion or Order Filing 94 MEMORANDUM AND ORDER - IT IS ORDERED: The defendants' motion to dismiss or for summary judgment and to compel arbitration (Filing No. #67 ) is denied. Defendants shall file an answer or otherwise plead within three weeks of the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
January 4, 2021 Filing 93 BRIEF in support of MOTION Civil Contempt #92 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
January 4, 2021 Filing 92 MOTION Civil Contempt by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
January 3, 2021 Filing 91 INDEX in support of Reply Brief #90 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A)(Spencer, Evan)
January 3, 2021 Filing 90 REPLY BRIEF in support of MOTION for Reconsideration #87 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
December 25, 2020 Filing 89 BRIEF in opposition to MOTION for Reconsideration #87 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
December 13, 2020 Filing 88 BRIEF in support of MOTION for Reconsideration #87 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
December 13, 2020 Filing 87 MOTION for Reconsideration by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
December 7, 2020 Filing 86 NOTICE of Opt-In Consent Form Filing by Attorney Harold Lichten on behalf of Plaintiffs Andrea Grove, Chrystina Winchell (Attachments: #1 Exhibit A - Opt-In Consent Form)(Lichten, Harold)
December 3, 2020 Opinion or Order Filing 85 ORDER Plaintiff's motion for conditional certification (Filing No. #14 ) is granted. Within 14 days of the date of this order, the defendants shall provide the named plaintiffs with a list of the names, last-known mailing and e-mail addresses, and telephone numbers for all individuals who currently work and/or previously worked at Club Omaha as exotic dancers and were classified as independent contractors at any time in the three years preceding the date of this order. Within 14 days thereafter, the plaintiffs shall cause notice, substantively in the form of Filing No. [16-1] with additional language as set forth in this order, and opt-in consent forms, substantively in the form of Filing No. [16-2], to the potential members of the conditional collective class by first class mail, e-mail, and text message. Club Omaha shall permit the plaintiff to visibly post a notice in substantial conformity with the notices sent to potential opt-ins on the premises of Club Omaha. Ordered by Senior Judge Joseph F. Bataillon. (LRM)
December 3, 2020 Opinion or Order Filing 84 INJUNCTION It is ordered that defendants Meltech, Inc.; H&S Club Omaha, Inc., and Shane Harrington, and their officers, agents, servants, employees, and attorneys, are prohibited from retaliating or discriminating in any way against the plaintiffs or similarly situated individuals for involvement with or participation in this action or any other pursuit of claims under the FLSA. Ordered by Senior Judge Joseph F. Bataillon. (LRM)
December 3, 2020 Opinion or Order Filing 83 MEMORANDUM AND ORDER The plaintiffs' renewed motion for a preliminary injunction (Filing No. #75 ) is granted. The defendants will be prohibited from retaliating or discriminating in any way against the plaintiffs or similarly situated individuals for involvement with or participation in this action or any other pursuit of claims under the FLSA; a separate injunction will issue. The statute of limitations for potential opt-in the plaintiffs is tolled until this Court has ruled on the plaintiffs' Motion for Conditional Class Certification (Filing No. #14 ). Ordered by Senior Judge Joseph F. Bataillon. (LRM)
September 25, 2020 Filing 82 NOTICE of Opt-In Consent Form Filing by Attorney Harold Lichten on behalf of Plaintiffs Andrea Grove, Chrystina Winchell (Attachments: #1 Exhibit A - Opt-In Consent Form)(Lichten, Harold)
August 31, 2020 Filing 81 REPLY BRIEF in support of MOTION for Preliminary Injunction #75 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
August 24, 2020 Filing 80 INDEX in support of Brief #79 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spencer, Evan)
August 24, 2020 Filing 79 BRIEF in opposition to MOTION for Preliminary Injunction #75 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
August 13, 2020 Filing 78 NOTICE of Appearance by Attorney Ari D. Riekes on behalf of Plaintiff Andrea Grove (Riekes, Ari)
August 11, 2020 Filing 77 INDEX in support of MOTION for Preliminary Injunction (Renewed Emergency Motion) #75 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell. (Attachments: #1 Exhibit Savytska Decl.)(Savytska, Olena) Modified on 8/12/2020 to reflect motion if for preliminary injunction (ADB).
August 11, 2020 Filing 76 BRIEF in support of MOTION for Preliminary Injunction (Renewed Emergency Motion) #75 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena) Modified on 8/12/2020 to reflect motion is for preliminary injunction(ADB).
August 11, 2020 Filing 75 MOTION for Preliminary Injunction (Renewed Emergency Motion) by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena) Modified on 8/12/2020 to correct event type (ADB).
August 11, 2020 Filing 74 RESPONSE regarding Memorandum and Order,,,, Terminate Motion and R&R Deadlines/Hearings,,, #73 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
August 4, 2020 Opinion or Order Filing 73 MEMORANDUM AND ORDER - Defendants' motion to withdraw documents (Filing No. #61 ) is granted. Defendants' motions to dismiss for lack of jurisdiction and improper venue (Filing No. #22 ), to dismiss for failure to state a claim (Filing No. #36 ), to dismiss for failure to state a claim against five opt-ins, (Filing No. #39 ), and for summary judgment (Filing No. #47 ) are denied as moot. Plaintiffs' motion to strike reply brief (Filing No. #50 ) is denied as moot. Plaintiffs' motion to certify a class (Filing No. #14 ) is deemed submitted. Plaintiffs' motion for a preliminary injunction (Filing No. #18 ) is denied at this time without prejudice to reassertion. Defendants' motion for sanctions regarding plaintiff's original complaint (Filing No. #52 ) is denied as moot. Defendants' motion for sanctions regarding motion to certify a class (Filing No. #55 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
August 2, 2020 Filing 72 INDEX in support of Reply Brief, #71 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Spencer, Evan)
August 2, 2020 Filing 71 REPLY BRIEF in support of MOTION for Summary Judgment MOTION to Compel, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR SUMMARY JUDGMENT #67 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 28, 2020 Filing 70 BRIEF in opposition to MOTION for Summary Judgment MOTION to Compel, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR SUMMARY JUDGMENT #67 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
July 20, 2020 PART 2 - MOTION for Summary Judgment and MOTION to Compel Arbitration regarding Motion to Dismiss #67 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(ADB)
July 20, 2020 Filing 69 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR SUMMARY JUDGMENT #67 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Spencer, Evan)
July 20, 2020 Filing 68 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR SUMMARY JUDGMENT #67 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 20, 2020 Filing 67 PART 1 of 2 PARTS - MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR SUMMARY JUDGMENT by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan) Modified docket text on 7/22/2020 to add Part 1 of 2 Parts (ADB).
July 12, 2020 Filing 66 REPLY BRIEF in support of MOTION Sanctions regarding MOTION to Certify Class (Motion for Conditional Certification) #14 #55 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 12, 2020 Filing 65 REPLY BRIEF in support of MOTION Sanctions regarding Complaint #1 #52 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 12, 2020 Filing 64 REPLY BRIEF in support of MOTION to Withdraw Document regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM against 5 opt-ins Clark, Frank, Guerrero, Lewis, and Smith #39 , Reply Brief,,,, #46 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #36 , MOT #61 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 10, 2020 Filing 63 BRIEF in opposition to MOTION to Withdraw Document regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM against 5 opt-ins Clark, Frank, Guerrero, Lewis, and Smith #39 , Reply Brief,,,, #46 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #36 , MOT #61 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
July 7, 2020 Filing 62 BRIEF in opposition to MOTION Sanctions regarding MOTION to Certify Class (Motion for Conditional Certification) #14 #55 by Attorney Olena Savytska on behalf of Plaintiffs Andrea Grove, Chrystina Winchell.(Savytska, Olena)
July 6, 2020 Filing 61 MOTION to Withdraw Document regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM against 5 opt-ins Clark, Frank, Guerrero, Lewis, and Smith #39 , Reply Brief,,,, #46 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #36 , MOTION to Dismiss with Prejudice for Lack of Jurisdiction and Improper Venue Pursuant to FRCP Rule 12(b)(1)(2)(3) #22 , MOTION for Summary Judgment #47 Motion to Withdraw 4 Motions and Respond to Amended Complaint in 14 Days by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit Declaration)(Spencer, Evan)
July 6, 2020 Filing 60 BRIEF in opposition to MOTION Sanctions regarding Complaint #1 #52 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
July 6, 2020 Filing 59 BRIEF in opposition to MOTION for Summary Judgment #47 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
July 6, 2020 Filing 58 AMENDED COMPLAINT against Defendant All Defendants, by Attorney Olena Savytska on behalf of Andrea Grove(Savytska, Olena)
July 6, 2020 Filing 57 INDEX in support of MOTION Sanctions regarding MOTION to Certify Class (Motion for Conditional Certification) #14 #55 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Spencer, Evan)
July 6, 2020 Filing 56 BRIEF in support of MOTION Sanctions regarding MOTION to Certify Class (Motion for Conditional Certification) #14 #55 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 6, 2020 Filing 55 MOTION Sanctions regarding MOTION to Certify Class (Motion for Conditional Certification) #14 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 3, 2020 Filing 54 INDEX in support of MOTION Sanctions regarding Complaint #1 #52 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Spencer, Evan)
July 3, 2020 Filing 53 BRIEF in support of MOTION Sanctions regarding Complaint #1 #52 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 3, 2020 Filing 52 MOTION Sanctions regarding Complaint #1 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
July 1, 2020 Filing 51 BRIEF in support of MOTION to Strike Reply Brief,,,, #46 #50 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
July 1, 2020 Filing 50 MOTION to Strike Reply Brief,,,, #46 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
July 1, 2020 Filing 49 BRIEF in support of MOTION for Preliminary Injunction (Emergency Motion) #18 , MOTION to Certify Class (Motion for Conditional Certification) #14 (Response to Sur-Reply) by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 29, 2020 Filing 48 BRIEF and Index in support of MOTION for Summary Judgment #47 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z)(Spencer, Evan) Modified event on 6/29/2020 as the document is actually a brief and index instead of a motion (ADB).
June 29, 2020 Filing 47 MOTION for Summary Judgment by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
June 28, 2020 Filing 46 REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM against 5 opt-ins Clark, Frank, Guerrero, Lewis, and Smith #39 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #36 , MOTION to Dismiss with Prejudice for Lack of Jurisdiction and Improper Venue Pursuant to FRCP Rule 12(b)(1)(2)(3) #22 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II)(Spencer, Evan)
June 26, 2020 Opinion or Order Filing 45 ORDER - Defendant's motion for leave to file a sur-reply (Filing No. #34 ) is granted. Defendant's brief and exhibits (Filing No. #38 ) are deemed to be filed on this date. Plaintiff is granted seven days in which to reply to defendants' brief. Defendants' motion to strike (Filing No. #35 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
June 24, 2020 Filing 44 BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM against 5 opt-ins Clark, Frank, Guerrero, Lewis, and Smith #39 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 24, 2020 Filing 43 BRIEF in opposition to MOTION to Strike Complaint #1 Paragraph 12: "Plaintiff and other exotic dancers were required to schedule their shifts in advance" #35 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 24, 2020 Filing 42 BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #36 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 24, 2020 Filing 41 BRIEF in opposition to MOTION Seeking Leave to file Sur-Reply Brief regarding MOTION for Preliminary Injunction (Emergency Motion) #18 , MOTION to Certify Class (Motion for Conditional Certification) #14 #34 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 24, 2020 Filing 40 Brief and Index in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #39 against 5 opt-ins Clark, Frank, Guerrero, Lewis, and Smith by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W)(Spencer, Evan) Modified on 6/24/2020 to reflect document is a Brief and not a Motion(ADB).
June 24, 2020 Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM against 5 opt-ins Clark, Frank, Guerrero, Lewis, and Smith by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
June 23, 2020 Filing 38 REPLY BRIEF in opposition to MOTION for Preliminary Injunction (Emergency Motion) #18 , MOTION to Certify Class (Motion for Conditional Certification) #14 , MOTION Seeking Leave to file Sur-Reply Brief regarding MOTION for Preliminary Injunction (Emergency Motion) #18 , MOTION to Certify Class (Motion for Conditional Certification) #14 #34 Sur-Reply by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y)(Spencer, Evan)
June 23, 2020 Filing 37 BRIEF and Exhibits with Index in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #36 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Index of Exhibits)(Spencer, Evan) Modified on 6/24/2020 to reflect the document is a Brief and not a Motion (ADB).
June 23, 2020 Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
June 22, 2020 Filing 35 MOTION to Strike Complaint #1 Paragraph 12: "Plaintiff and other exotic dancers were required to schedule their shifts in advance" by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Spencer, Evan)
June 22, 2020 Filing 34 MOTION Seeking Leave to file Sur-Reply Brief regarding MOTION for Preliminary Injunction (Emergency Motion) #18 , MOTION to Certify Class (Motion for Conditional Certification) #14 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech.(Spencer, Evan)
June 22, 2020 Filing 33 REPLY BRIEF in support of MOTION to Dismiss with Prejudice for Lack of Jurisdiction and Improper Venue Pursuant to FRCP Rule 12(b)(1)(2)(3) #22 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Spencer, Evan)
June 21, 2020 Filing 32 INDEX in opposition to MOTION to Dismiss with Prejudice for Lack of Jurisdiction and Improper Venue Pursuant to FRCP Rule 12(b)(1)(2)(3) #22 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove. (Attachments: #1 Exhibit Savytska Decl., #2 Exhibit Grove Decl.)(Savytska, Olena)
June 21, 2020 Filing 31 BRIEF in opposition to MOTION to Dismiss with Prejudice for Lack of Jurisdiction and Improper Venue Pursuant to FRCP Rule 12(b)(1)(2)(3) #22 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 21, 2020 Filing 30 INDEX in support of MOTION for Preliminary Injunction (Emergency Motion) #18 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove. (Attachments: #1 Exhibit Savytska Decl.)(Savytska, Olena)
June 21, 2020 Filing 29 REPLY BRIEF in support of MOTION for Preliminary Injunction (Emergency Motion) #18 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 21, 2020 Filing 28 REPLY BRIEF in support of MOTION to Certify Class (Motion for Conditional Certification) #14 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 16, 2020 Filing 27 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Evan Spencer on behalf of Defendant H&S Club Omaha, Inc..(Spencer, Evan)
June 16, 2020 Filing 26 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Evan Spencer on behalf of Defendant Meltech.(Spencer, Evan)
June 16, 2020 Filing 25 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Meltech. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB)
June 16, 2020 Filing 24 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant H&S Club Omaha, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB)
June 15, 2020 Filing 23 BRIEF in opposition to MOTION for Preliminary Injunction (Emergency Motion) #18 , MOTION to Certify Class (Motion for Conditional Certification) #14 by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Spencer, Evan)
June 15, 2020 Filing 22 MOTION to Dismiss with Prejudice for Lack of Jurisdiction and Improper Venue Pursuant to FRCP Rule 12(b)(1)(2)(3) by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Spencer, Evan)
June 15, 2020 Filing 21 NOTICE of Appearance by Attorney Evan Spencer on behalf of Defendants H&S Club Omaha, Inc., Shane Harrington, Meltech (Spencer, Evan)
June 15, 2020 Filing 20 INDEX in support of MOTION for Preliminary Injunction (Emergency Motion) #18 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove. (Attachments: #1 Exhibit Grove Decl., #2 Exhibit Schueth Decl., #3 Exhibit Blanco Decl., #4 Exhibit Savytska Decl.)(Savytska, Olena)
June 15, 2020 Filing 19 BRIEF in support of MOTION for Preliminary Injunction (Emergency Motion) #18 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 15, 2020 Filing 18 MOTION for Preliminary Injunction (Emergency Motion) by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 12, 2020 Filing 17 NOTICE of Withdrawal of Opt-In Consent Form by Attorney Harold Lichten on behalf of Plaintiff Andrea Grove (Lichten, Harold)
June 11, 2020 Filing 16 INDEX in support of MOTION to Certify Class (Motion for Conditional Certification) #14 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove. (Attachments: #1 Exhibit Notice, #2 Exhibit Opt-in Form, #3 Exhibit Grove Decl., #4 Exhibit Smith Decl., #5 Exhibit Schueth Decl., #6 Exhibit Winchell Decl., #7 Exhibit Magnuson Decl.)(Savytska, Olena)
June 11, 2020 Filing 15 BRIEF in support of MOTION to Certify Class (Motion for Conditional Certification) #14 by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 11, 2020 Filing 14 MOTION to Certify Class (Motion for Conditional Certification) by Attorney Olena Savytska on behalf of Plaintiff Andrea Grove.(Savytska, Olena)
June 10, 2020 Filing 13 NOTICE of Opt-In Consent Form Filing by Attorney Harold Lichten on behalf of Plaintiff Andrea Grove (Attachments: #1 Exhibit A - Opt-in Consent Form)(Lichten, Harold)
June 3, 2020 Filing 12 NOTICE of Opt-In Consent Form Filing by Attorney Harold Lichten on behalf of Plaintiff Andrea Grove (Attachments: #1 Exhibit A - Opt-in Consent Forms)(Lichten, Harold)
June 2, 2020 Filing 11 SUMMONS Returned Executed upon defendant Shane Harrington on 5/30/2020. (Lichten, Harold)
June 2, 2020 Filing 10 SUMMONS Returned Executed upon defendant H&S Club Omaha, Inc. on 5/30/2020. (Lichten, Harold)
June 2, 2020 Filing 9 SUMMONS Returned Executed upon defendant Meltech on 5/30/2020. (Lichten, Harold)
May 27, 2020 Filing 8 Summons Issued as to defendants H&S Club Omaha, Inc., Shane Harrington, and Meltech, Inc. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM)
May 27, 2020 Filing 7 Summons Requested as to SHANE HARRINGTON regarding Complaint #1 . (Lichten, Harold)
May 27, 2020 Filing 6 Summons Requested as to H&S CLUB OMAHA, INC. regarding Complaint #1 . (Lichten, Harold)
May 27, 2020 Filing 5 Summons Requested as to MELTECH, INC. regarding Complaint #1 . (Lichten, Harold)
May 26, 2020 Filing 4 ATTORNEY LETTER by Clerk that Attorney Olena Savytska has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM)
May 26, 2020 Filing 3 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM)
May 26, 2020 Filing 2 NOTICE of Opt-In Consent Form Filing by Attorney Harold Lichten on behalf of Plaintiff Andrea Grove (Attachments: #1 Opt-In Consent Forms)(Lichten, Harold)
May 26, 2020 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number ANEDC-4165734), by Attorney Harold Lichten on behalf of Andrea Grove (Attachments: #1 Civil Cover Sheet)(Lichten, Harold)

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Search for this case: Grove, et al v. Meltech et al
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Defendant: H&S Club Omaha, Inc.
Represented By: Evan Spencer
Represented By: Travis J. Penn
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Defendant: Shane Harrington
Represented By: Evan Spencer
Represented By: Travis J. Penn
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Defendant: Meltech
Represented By: Evan Spencer
Represented By: Travis J. Penn
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Defendant: Brad Contreras
Represented By: Evan Spencer
Represented By: Travis J. Penn
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Plaintiff: Andrea Grove
Represented By: Olena Savytska
Represented By: Harold Lichten
Represented By: Ari D. Riekes
Represented By: Jeffrey P. Welch
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Plaintiff: Chrystina Winchell
Represented By: Olena Savytska
Represented By: Harold Lichten
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