April 20, 2019 |
Filing
361
ORDER Denying 351 Motion to Enjoin and Denying as Moot 360 Motion for Partial Relief Under Rule 60(b)(5). IT IS FURTHER ORDERED that pursuant to the Courts Order incorporating the terms of the parties Settlement Agreement, (ECF No. 344 ), Defendants shall fund the settlement by April 21, 2019, pursuant to the foregoing. Signed by Chief Judge Gloria M. Navarro on 4/20/2019. (Copies have been distributed pursuant to the NEF - ASB)
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September 26, 2018 |
Filing
344
ORDER Granting 336 Motion for Final Approval of Collective and Class Action Settlement. The Clerk of Court shall enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 9/26/2018. (Copies have been distributed pursuant to the NEF - MMM)
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September 12, 2018 |
Filing
338
ORDER Granting 337 Stipulation to Continue Final Fairness Hearing. Final Fairness Hearing continued to 9/21/2018 at 10:00 AM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. Signed by Chief Judge Gloria M. Navarro on 9/12/2018. (Copies have been distributed pursuant to the NEF - SLD)
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June 26, 2018 |
Filing
330
ORDER Granting Preliminary Approval of Class Action Settlement. Signed by Chief Judge Gloria M. Navarro on 6/26/2018. (Copies have been distributed pursuant to the NEF - MMM)
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June 15, 2018 |
Filing
325
ORDER granting 322 Stipulation to Extend Deadline to File the Preliminary Approval Papers with the Court to June 19, 2018. Signed by Chief Judge Gloria M. Navarro on 6/15/2018. (Copies have been distributed pursuant to the NEF - MMM)
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April 10, 2018 |
Filing
317
ORDER granting 316 Stipulation to Stay all Proceedings and Extend Discovery Deadlines for 30 Days pending Settlement Discussions. Signed by Magistrate Judge Carl W. Hoffman on 4/10/2018. (Copies have been distributed pursuant to the NEF - MMM)
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March 15, 2018 |
Filing
315
ORDER Granting 312 Motion to Withdraw as Attorney by Mario P. Lovato. Signed by Magistrate Judge Carl W. Hoffman on 3/15/2018. (Copies have been distributed pursuant to the NEF - MMM)
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January 4, 2018 |
Filing
305
ORDER Granting 301 Stipulation to Modify Scheduling Order. Discovery due by 4/14/2018. Motions due by 5/14/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/4/2018. (Copies have been distributed pursuant to the NEF - MMM)
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January 2, 2018 |
Filing
303
ORDER Granting 299 Stipulation to Extend Deadline. Discovery Plan/Scheduling Order due by 1/2/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/2/2018. (Copies have been distributed pursuant to the NEF - MMM)
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December 5, 2017 |
Filing
293
ORDER Granting 292 Stipulation to Extend Time to Reply re 273 and 274 Motions for Summary Judgment. Replies due by 12/11/2017. Signed by Chief Judge Gloria M. Navarro on 12/5/2017. (Copies have been distributed pursuant to the NEF - MMM)
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October 27, 2017 |
Filing
272
ORDER that 267 Motion to Approve the Form of Notice to Class Members is GRANTED. Plaintiff may use a third-party administrator to effectuate the notice process. FURTHER ORDERED that Defendants produce the full class list to Plaintiff no later than 21 days from the date of this order. Signed by Magistrate Judge Carl W. Hoffman on 10/26/17. (Copies have been distributed pursuant to the NEF - MMM)
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September 19, 2017 |
Filing
266
ORDER that 230 Plaintiffs' Motion to Certify Class is GRANTED. FURTHER ORDERED that 238 Motion to Strike is GRANTED. Signed by Chief Judge Gloria M. Navarro on 9/19/17. (Copies have been distributed pursuant to the NEF - MMM)
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February 3, 2017 |
Filing
245
ORDER that 222 the Jimmersons' Motion to Dismiss is GRANTED in part and DENIED in part. FURTHER ORDERED that 236 Defendant's Motion to Dismiss is GRANTED in part and DENIED in part. FURTHER ORDERED that Plaintiffs' First, Third, and Eighth Causes of Action asserted against the Jimmersons survive, and Plaintiffs' First, Second, Third, and Eighth Causes of Action against Jacob Transportation survive. FURTHER ORDERED that Plaintiffs' Second Cause of Action is DISMI SSED with prejudice as asserted against the Jimmersons, and Plaintiffs' Fourth, Fifth, Sixth, and Seventh Causes of Action are DISMISSED with prejudice with respect to each Defendant. Signed by Chief Judge Gloria M. Navarro on 2/3/17. (Copies have been distributed pursuant to the NEF - MMM)
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June 9, 2016 |
Filing
229
ORDER Denying 207 Defendants' Motion to Reconsider. Signed by Chief Judge Gloria M. Navarro on 6/9/16. (Copies have been distributed pursuant to the NEF - MMM)
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November 18, 2015 |
Filing
203
ORDER that 202 Motion for Leave to File First Amended Complaint is GRANTED. The Clerk of Court shall file the Proposed Amended Complaint (ECF No. 202 -1) attached as Exhibit A to the motion on the docket as Plaintiff's First Amended Complai nt. Plaintiff's counsel is warned that failure to comply with future deadlines in this case may result in sanctions, including dismissal of the case with prejudice. Signed by Chief Judge Gloria M. Navarro on 11/18/15. (Copies have been distributed pursuant to the NEF - MMM)
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September 13, 2012 |
Filing
159
ORDER Granting 123 Defendant Executive Coach and Carriage's Motion for Summary Judgment or Motion to Dismiss. IT IS FURTHER ORDERED that Case No. 09-cv-466, Greene v. Executive Coach and Carriage and Case No. 11-cv-355, Schemkes v. Jacob Transportation are UNCONSOLIDATED. Upon request of any party, any prior motion or order specifically identified by the party as affecting the Schemkes case shall be re-filed by the Clerk of Court under Case No. 11-cv-355. IT IS FUR THER ORDERED that 09-cv-466 is DISMISSED. IT IS FURTHER ORDERED that Plaintiffs shall a new Notice of Collective Action on or before the close of business on 9/24/12. Defendants may only file objections to the new Notice within 7 days of the filing of the new Notice. Signed by Judge Gloria M. Navarro on 9/13/12. (Copies have been distributed pursuant to the NEF - EDS)
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June 28, 2012 |
Filing
151
ORDER Granting 115 Defendants' Motion for Attorney Fees. Costs, including attorney fees, are to be paid on or before July 6, 2012, by Thierman Law Firm, P.C. Signed by Magistrate Judge Robert J. Johnston on 06/28/2012. (Copies have been distributed pursuant to the NEF - AC)
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March 29, 2012 |
Filing
135
IT IS HEREBY ORDERED that as the Court has been advised that the Consents to Become Party Plaintiffs signed by Rebecca Sleppy, Cecilia Chipen and Terry Muth (Exhibits 2, 3, and 4) will be withdrawn, the Motion for Sanctions (#90) as to Rebecca Sleppy , Cecilia Chipen and Terry Muth is DENIED. IT IS FURTHER ORDERED that the Court does not find that the ultimate sanction of dismissal is appropriate as to Plaintiff, Robert Greene. IT IS FURTHER ORDERED that Defendant/ Counterclaimant Jacob Transport ation Services, LLCs request for monetary sanctions as to Plaintiff, Robert Greene is GRANTED. The Court awards costs in the amount of 7.2 hours at $275.00/hour ($1900.00) plus $172.60 for the transcript fee for the non-appearance of R obert Greene at deposition, for a total award of $2072.60. IT IS FURTHER ORDERED that said costs shall be paid forthwith. IT IS FURTHER ORDERED that defendants are authorized to take the deposition of Plaintiff, Robert Greene. IT IS FURTHER ORDERED that Plaintiff, Robert Greenes request for sanctions are DENIED. Signed by Magistrate Judge Robert J. Johnston on 3/29/12. (Copies have been distributed pursuant to the NEF - ASB)
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February 17, 2012 |
Filing
129
ORDER Denying without Prejudice 65 MOTION for Approval of Notice of Collective Action Under the FLSA, Denying without Prejudice 76 MOTION to Substitute Party Appoint Lead Plaintiff and to Substitute Notice of Collective Action, and Denyin g 116 MOTION for District Judge to Reconsider 113 Order. New Motion for Approval of the notice due within 30 days of the date of this Order. Signed by Judge Gloria M. Navarro on 2/17/12. (Copies have been distributed pursuant to the NEF - ASB)
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January 26, 2012 |
Filing
124
ORDER Granting 106 Motion MOTION to Designate Class Counsel. Attorneys Mark R. Thierman,Jason J Kuller, and Joshua D Buck added for Gregory Greene and Thomas Thatcher Schemkes. Attorneys Sharon L Preston, Jesse S Brar, and Christopher F. Klink terminated. Signed by Magistrate Judge Robert J. Johnston on 1/26/12. (Copies have been distributed pursuant to the NEF - ASB)
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August 31, 2011 |
Filing
113
ORDER Plaintiffs Motion for Leave to File First Amended Complaint 82 is DENIED in part and GRANTED in part. Plaintiffs motion is granted only as to the correction of Plaintiffs middle initial and is denied in all other respects. Plaintiffs Motion to Strike Defendants Opposition 103 is DENIED. Plaintiff shall be SANCTIONED pursuant to 29 U.S.C. § 1927. The Thierman Law Firm is liable for and will pay all of Defendants costs, expenses, and attorneys fees related to Plaintiffs Motion to A mend 82 and Plaintiffs Motion to Strike 103 . Defendant is to file an affidavit of costs within 7 days of this order. Plaintiff shall have 7 days to respond. Signed by Magistrate Judge Robert J. Johnston on 8/31/11. (Copies have been distributed pursuant to the NEF - ECS)
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July 21, 2011 |
Filing
100
ORDER GRANTING 85 Stipulation to Substitute Counsel for Robert A Greene. Signed by Magistrate Judge Robert J. Johnston on 7/21/11. (Copies have been distributed pursuant to the NEF - ECS)
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June 21, 2011 |
Filing
81
ORDER granting 73 Motion to Extend Deadlines. Discovery due by 8/31/2011. Motions due by 9/28/2011. Proposed Joint Pretrial Order due by 10/28/2011. Signed by Magistrate Judge Robert J. Johnston on 3/15/11. (Copies have been distributed pursuant to the NEF - ECS)
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June 20, 2011 |
Filing
78
ORDER granting 74 Motion to Extend Deadline. Replies due by 6/6/201 re 65 MOTION for Approval of Notice of Collective Action Under the FLSA. Signed by Magistrate Judge Robert J. Johnston on 6/20/11. (Copies have been distributed pursuant to the NEF - ECS)
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April 22, 2011 |
Filing
66
ORDER granting 65 Motion regarding Notice Schedule. See Order for details. Signed by Judge Gloria M. Navarro on 4/22/11. (Copies have been distributed pursuant to the NEF - ECS)
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April 18, 2011 |
Filing
64
ORDER Granting 59 Motion for Extension of Time to File Order Regarding Schedule for Notice. Proposed Order regarding the schedule for the Notice for Class Certification due by 4/15/11. Signed by Judge Gloria M. Navarro on 4/18/11. (Copies have been distributed pursuant to the NEF - MMM)
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March 7, 2011 |
Filing
55
ORDER that Plaintiffs Motion to Reconsider 45 is DENIED. Defendants Motion to Strike 47 is DENIED. Signed by Judge Gloria M. Navarro on 3/7/11. (Copies have been distributed pursuant to the NEF - ECS)
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March 4, 2011 |
Filing
54
ORDER that Defendant Bentley Transportation, LLC d/b/a Executive Coach and Carriages Motion to Dismiss/Motion for Summary Judgment 39 is DENIED without prejudice. This case is consolidated with the case against Jacob Transportation, LLC which was originally filed in case 09-cv-1100-GMN-PAL but has recently been severed. This instant case, 09-cv-00466-GMN-RJJ shall serve as the base case. Signed by Judge Gloria M. Navarro on 3/4/11. (Copies have been distributed pursuant to the NEF - ECS)
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