Duncan-Watts v. Nestle USA, Inc. et al
| Arnetta Duncan-Watts |
| Nestle USA, Inc. and Nestle Prepared Foods Company |
| 1:2019cv01437 |
| June 21, 2019 |
| US District Court for the Northern District of Ohio |
| Patricia A Gaughan |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 38 Final Order and Judgment. Judge Patricia A. Gaughan on 11/13/20. (LC,S) re #37 |
| Minutes/Order [non-document]: Fairness Hearing was held. Written order to follow. Judge Patricia A. Gaughan on 11/13/20. (Court Reporter: Lance Boardman)Time: 10 mins. (LC,S) re #37 |
| Filing 37 Joint Motion for Final Approval of Class Action Settlement filed by Nestle Prepared Foods Company, Nestle USA, Inc.. Related document(s) #36 . (Attachments: #1 Exhibit 1 - Declaration of Jeffrey J. Moyle, #2 Exhibit 2 - Declaration of Rust Consulting, Inc., #3 Exhibit 3 - Proposed Final Order Approving Rule 23 Settlement)(Mersol, Gregory) |
Order [non-document] Fairness Hearing is set 11/13/2020 at 9:30 a.m. in Courtroom 19B. Judge Patricia A. Gaughan on 8/13/2020. (D,Ma)
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Filing 36
Order granting #35 Joint Motion for Final Approval of FLSA Settlement and Preliminary Approval of Class Action Settlement. Judge Patricia A. Gaughan on 7/17/20. (W,CM)
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| Filing 35 Joint Motion for Final Approval of FLSA Settlement and Preliminary Approval of Class Action Settlement filed by Nestle Prepared Foods Company, Nestle USA, Inc.. Related document(s) #34 . (Attachments: #1 Exhibit - Joint Stipulation of Settlement and Release, #2 Appendix, #3 Exhibit - General Release Pursuant to Settlement of Litigation, #4 Proposed Order, #5 Exhibit - Notice of Settlement of Lawsuit, #6 Exhibit - Declaration of Jeffrey J. Moyle)(Mersol, Gregory) |
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Order [non-document]: Parties' Joint Notice of Settlement Status and Request to Continue Stay of Existing Deadlines is GRANTED to 7/14/20. The Court will be hesitant to grant any further extensions. Judge Patricia A. Gaughan on 7/1/20. (LC,S) (Related Doc #34 )
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| Filing 34 Joint Notice of Settlement Status and Request to Continue Stay of Existing Deadlines Until July 14, 2020 filed by All Defendants. (Brosky, Gilbert) |
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Order [non-document]: Request to Stay Existing Deadlines is Granted to 6/30/20 when the parties will submit settlement documents. Judge Patricia A. Gaughan on 6/3/20. (LC,S) re #33
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| Filing 33 Joint Notice of settlement status and Request to stay existing deadlines filed by All Defendants. (Brosky, Gilbert) |
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Order [non-document]: Parties Joint Notice of Settlement and Request to Stay Existing Deadlines is GRANTED. The Court anticipates settlement documents by 5/30/20. Judge Patricia A. Gaughan on 5/5/20. (LC,S) re #32
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| Filing 32 Joint Notice of Settlement and Request to Stay Existing Deadlines as of 4/30/2020 filed by All Defendants. (Mersol, Gregory) |
| Minutes/Order [non-document]: Status Conference was held. Briefing on the pending motions is stayed until 4/15/20. Brief in opposition is due 5/6/20. Reply brief is due 5/15/20. Telephonic Status Conference is set 7/8/20 at 9:00 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall provide to the Court three business days prior to the conference a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 3/23/20. (LC,S) Time: 30 mins. |
| Filing 31 Joint Status Report filed by All Defendants. (Mersol, Gregory) |
| Minutes/Order [non-document]: Status Conference was held. Telephonic Status Conference is set 3/23/20 at 10:30 a.m. Briefing on the pending Renewed Motion for Conditional Certification is stayed to allow the parties to discuss settlement. Judge Patricia A. Gaughan on 2/24/20. (LC,S) |
| Filing 30 Answer to #18 Amended complaint filed by Nestle Prepared Foods Company, Nestle USA, Inc.. (Valdez, Carrie) |
| Filing 29 Renewed Motion for Conditional Certification and Motion for Court-Authorized Notice and Memorandum in Support filed by Plaintiff Arnetta Duncan-Watts. (Attachments: #1 Brief in Support, #2 Exhibit 1 - Declaration of Arnetta Duncan-Watts, #3 Exhibit 2 - Declaration of Anthony Madden, #4 Exhibit 3 - Declaration of Isaac Green, #5 Exhibit 4 - Declaration of Omar Thomas, #6 Exhibit 5 - Declaration of Jeffrey Moyle)(Moyle, Jeffrey) |
| Filing 28 Memorandum of Opinion and Order: Plaintiff's Motion for Conditional Certification is DENIED. Judge Patricia A. Gaughan on 2/5/20. (LC,S) re #20 |
| Filing 27 Memorandum of Opinion and Order: The Defendants' Motion to Dismiss (Doc. #19 ) is DENIED. Judge Patricia A. Gaughan on 2/5/20. (LC,S) |
| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 26 Reply in support of #19 Motion to dismiss for failure to state a claim filed by All Defendants. (Attachments: #1 Exhibit 1 - Cited Pages to 93 Cong. Rec. 2297)(Valdez, Carrie) |
| Filing 25 Reply in support of #20 Motion for class certification and Motion for Court Authorized Notice filed by Arnetta Duncan-Watts. (Moyle, Jeffrey) |
| Filing 24 Memorandum in Opposition to #19 Motion to dismiss for failure to state a claim filed by Arnetta Duncan-Watts. (Moyle, Jeffrey) |
| Filing 23 Memorandum in Opposition to #20 Motion for class certification and Motion for Court Authorized Notice filed by All Defendants. (Attachments: #1 Exhibit A - Declaration of Otto Kadas)(Valdez, Carrie) |
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Order [non-document]: Joint Motion to Stay Response Deadlines to Pending Motions Pending Mediation is Granted. Brief in opposition to the Motion for Conditional Certification is due 12/17/19 and Reply Brief is due 1/2/20. Brief in opposition to the Motion to Dismiss is due 12/26/19 and the Reply Brief is due 1/9/20. Judge Patricia A. Gaughan on 10/1/19. (LC,S) re #22
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| Filing 22 Joint Motion to Stay Response Deadlines to Pending Motions Pending Mediation until 12/26/2019 and 12/17/2019 filed by Nestle Prepared Foods Company, Nestle USA, Inc.. (Related document(s) #16 , #20 ) (Mersol, Gregory) |
| Filing 21 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Arnetta Duncan-Watts. (Attachments: #1 Consent of Denise Clark-Griffin, #2 Consent of Dorie Walker, #3 Consent of Minnette Jones)(Moyle, Jeffrey) |
| Filing 20 Motion for class certification and Motion for Court-Authorized Noice with memorandum in support filed by Plaintiff Arnetta Duncan-Watts. (Attachments: #1 Brief in Support, #2 Exhibit 1 - Declarations) (Moyle, Jeffrey). Added Motion on 10/8/2019 (H,SP). |
| Filing 19 Motion to dismiss for failure to state a claim filed by Nestle Prepared Foods Company, Nestle USA, Inc.. Related document(s) #18 . (Attachments: #1 Brief in Support)(Brosky, Gilbert) |
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Order [non-document]: Defendants' Motion to Dismiss Plaintiff's Complaint is MOOT in light of the Amended Complaint. Judge Patricia A. Gaughan on 9/4/19. (Related Doc #14 ) (LC,S)
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| Filing 18 First Amended Collective and Class Action Complaint against Nestle Prepared Foods Company, Nestle USA, Inc.. Filed by Arnetta Duncan-Watts. (Moyle, Jeffrey) |
| Filing 17 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Arnetta Duncan-Watts. (Attachments: #1 Consent of Harrison Carr-Barfield)(Moyle, Jeffrey) |
| Filing 16 Case Management Order: Case Management Conference was held on 8/26/19. Case is assigned to the standard track. Case is not suitable for Mediation/Settlement Conference at this time. Plaintiff's Motion for Conditional Certification is due 9/16/19. Brief in Opposition is due 10/7/19. Rely Brief is due 10/14/19. Non-expert discovery shall be completed on or before 4/15/20. Expert reports shall be exchanged on or before 5/15/20 for party with burden of proof & 6/15/20 for Rebuttal and Expert Discovery shall be completed on or before 7/15/20. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 9/15/19. Dispositive Motions shall be filed on or before 5/15/20. Telephonic Status Conference is set for 2/24/20 at 9:00 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court three business days prior to the conference a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 8/26/19. (LC,S) Time: 30 mins. |
| Filing 15 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Arnetta Duncan-Watts. (Attachments: #1 Consent of Johnny Hildebrand)(Moyle, Jeffrey) |
| Filing 14 Motion to dismiss for failure to state a claim filed by Nestle Prepared Foods Company, Nestle USA, Inc.. Related document(s) #1 . (Attachments: #1 Brief in Support)(Brosky, Gilbert) |
| Filing 13 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Arnetta Duncan-Watts. (Attachments: #1 Consent of Marybelle Thompson)(Moyle, Jeffrey) |
| Filing 12 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Arnetta Duncan-Watts. (Moyle, Jeffrey) |
| Filing 11 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Arnetta Duncan-Watts. (Attachments: #1 Consent of Aaron Mustafa)(Moyle, Jeffrey) |
| Filing 10 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Arnetta Duncan-Watts. (Attachments: #1 Consent of Dawn Bryant)(Moyle, Jeffrey) |
| Filing 9 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Arnetta Duncan-Watts. (Attachments: #1 Consent of April Mitchell, #2 Consent of Isaac Green)(Moyle, Jeffrey) |
| Filing 8 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Arnetta Duncan-Watts. (Attachments: #1 Consent of Kimberly Bobbitt)(Moyle, Jeffrey) |
| Filing 7 Return of Service by Clerk by certified mail executed upon Nestle Prepared Foods Company on 7/3/2019; Nestle USA, Inc. on 7/3/2019, filed on behalf of Arnetta Duncan-Watts Related document(s) #2 . (J,FE) |
| Filing 6 Notice of Filing Consent Form to Join in Collective Action Under 29 U.S.C. 216(b) filed by Arnetta Duncan-Watts. (Attachments: #1 Consent of Anthony Madden, #2 Consent of Emery Love, #3 Consent of Nicole Harvey, #4 Consent of Omar Thomas)(Moyle, Jeffrey) |
| Filing 5 Waiver of Service Returned Executed by Arnetta Duncan-Watts. Nestle USA, Inc. waiver sent on 7/2/2019, answer due 9/3/2019 filed on behalf of Arnetta Duncan-Watts (Moyle, Jeffrey) |
| Filing 4 Waiver of Service Returned Executed by Arnetta Duncan-Watts. Nestle Prepared Foods Company waiver sent on 7/2/2019, answer due 9/3/2019 filed on behalf of Arnetta Duncan-Watts (Moyle, Jeffrey) |
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Filing 3
Case Management Conference Scheduling Order with case management conference set on 8/26/2019 at 9:00 am to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 7/02/19. (D,Ma)
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| Service by Clerk. Summons and Complaint addressed to Nestle USA, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 70190160000057922766. (W,Jo) |
| Service by Clerk. Summons and Complaint addressed to Nestle Prepared Foods Company placed in U.S. Mail. Type of service: certified mail. Receipt # 70190160000057922773. (W,Jo) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Nestle Prepared Foods Company, Nestle USA, Inc. (Attachments: #1 Summons, #2 Magistrate Consent Form) (Y,A) |
| Filing 1 Collective and Class Action Complaint with jury demand against Nestle Prepared Foods Company, Nestle USA, Inc. Filing fee paid $400. Receipt number 0647-9377576. Filed by Arnetta Duncan-Watts. (Attachments: #1 Civil Cover Sheet, #2 Summons Nestle USA, Inc., #3 Summons Nestle Prepared Foods Company, #4 Errata A- Consent of Arnetta Duncan-Watts) (Moyle, Jeffrey) |
| Judge Patricia A. Gaughan assigned to case, (Y,A) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (Y,A) |
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