Thomas v. Papa John's International, Inc. et al
| Derrick Thomas |
| It's Only Downtown Pizza II Inc., Michael Hutmier, Papa John's International, Inc., It's Only Downtown Pizza, Inc., It's Only Pizza, Inc. and It's Only Papa's Pizza LLC |
| 1:2017cv00411 |
| June 16, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Michael R Barrett |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2020. A more recent docket listing may be available from PACER.
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Filing 70
PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 1/8/2020. (ba)
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| Filing 69 NOTICE by Plaintiff Derrick Thomas of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action) (Kimble, Andrew) |
| Filing 68 NOTICE by Plaintiff Derrick Thomas of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action) (Kimble, Andrew) |
| Filing 67 NOTICE by Plaintiff Derrick Thomas of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action) (Kimble, Andrew) |
| Filing 66 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
| Filing 65 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join) (Kimble, Andrew) |
| Filing 64 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
| Filing 63 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
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Filing 62
ORDER granting #58 Motion for Leave to Appear Pro Hac Vice of Gina Merrill for Defendant Papa John's International, Inc. Signed by Judge Michael R. Barrett on 11/12/19. (ba)
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| Filing 61 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
| Filing 60 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
| Filing 59 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
| Filing 58 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7186984) of Gina Merrill by Defendant Papa John's International, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Janice, Christina) |
| Filing 57 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
| Filing 56 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
| Filing 55 NOTICE by Plaintiff Derrick Thomas of Consent to Join Action (Attachments: #1 Exhibit A - Consent to Join Action) (Kimble, Andrew) |
| Filing 54 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
| Filing 53 NOTICE by Plaintiff Derrick Thomas of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join Action) (Kimble, Andrew) |
| Filing 52 NOTICE by Plaintiff Derrick Thomas re #51 Order on Motion to Certify Class,, of Corrected Notice of Collective Action (Attachments: #1 Exhibit 1 - Corrected Notice of Collective Action (clean), #2 Exhibit 2 - Corrected Notice of Collective Action (redlined)) (Kimble, Andrew) |
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Filing 51
ORDER granting #24 Motion to Certify Class; Plaintiff shall file an amended notice consistent with the court's findings herein within fourteen (14) days of entry of this Order; The Franchisee Defendants shall provide to Plaintiffs counsel a computer-readable list of the names and contact information of all putative collective members within fourteen (14) days of entry of this Order; Plaintiffs counsel may transmit, at Plaintiffs cost, notice of the lawsuit to putative collective members via electronic mail and first-class U.S. mail or equivalent means; and Putative collective members may opt-in to the lawsuit within forty-five (45) days after mailing. Signed by Judge Michael R. Barrett on 9/29/19. (ba)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/27/2019; Andrew Biller and Andrew Kimble appeared for Plaintiff; Michael DeMarino and Brian O'Connor appeared for Defendant; the Court takes the pending motions under advisement; a follow up will be set after ruling. (ba) |
| NOTICE of Hearing: Please be aware that at the parties request, the Status Conference set for 3/14/19 is RESET to 3/27/2019 at 11:00 AM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 1/11/19 for conferencing instructions (ba) |
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Filing 50
AGREED PROTECTIVE ORDER REGARDING SETTLEMENT MATERIALS. Signed by Judge Michael R. Barrett on 2/19/19. (ba)
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NOTATION ORDER signed by Judge Michael R. Barrett on 2/19/19 granting #49 Unopposed MOTION to Continue Status Conference on February 19, 2019 filed by Derrick Thomas; the Status Conference set for 2/19/19 is RESET to 3/14/2019 at 12:15 PM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 1/11/19 for conferencing instructions . (ba)
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| Filing 49 Unopposed MOTION to Continue Status Conference on February 19, 2019 by Plaintiff Derrick Thomas. (Attachments: #1 Text of Proposed Order Granting Continuance of Status Conference) (Kimble, Andrew) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/23/2019; discovery to be produced at this time should be marked pursuant to the discussion with the Court with a proposed order to be submitted for the Court's review; the 2/19/2019 follow up Status Conference previously set remains set for 2/19/2016 at 03:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 1/11/19 for conferencing instructions (ba) Modified status conference dates on 1/24/2019 (sct). |
| Minute Entry for proceedings held before Judge Michael R. Barrett (LC1): Discovery Conference held on 1/16/2019; Andrew Biller and Andrew Kimble appeared for Plaintiff; Brian O'Connor appeared for Defendant It's Only Downtown Pizza, et al; Michael DeMarino appeared for Papa John's Int'l; parties to provide Court with copy of proposed protective order and letters outlining respective positions on confidentiality; letters are not to exceed 5 pages and are due to the Court by close of business on 1/22/2019; protective order and letters to be emailed to Barrett_Chambers@ohsd.uscourts.gov; follow up telephone discovery conference set for 1/23/2019 at 2:00 pm; NOTE: parties shall refer to the entry on 1/11/19 for conferencing instructions (ba) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 2/19/2019 at 03:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 10/30/17 for conferencing instructions (ba) |
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Filing 48
ORDER granting #45 Motion for Leave to Appear Pro Hac Vice of Matthew J. Gagnon for Defendant Papa John's International, Inc. Signed by Judge Michael R. Barrett on 11/15/18. (ba)
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| Filing 47 RULE 26(f) REPORT OF THE PARTIES by Defendant Papa John's International, Inc.. (Maatman, Gerald) |
| Filing 46 REPLY to Response to Motion re #24 MOTION to Certify Class filed by Plaintiff Derrick Thomas. (Biller, Andrew) |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6656485) of Matthew J. Gagnon by Defendant Papa John's International, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order Proposed Order) (Janice, Christina) |
| Filing 44 RESPONSE in Opposition re #24 MOTION to Certify Class (Papa John's International, Inc.'s Memorandum of Law in Opposition to Plaintiff's Motion to Conditionally Certify an FLSA Collective Action and to Authorize Notice) filed by Defendant Papa John's International, Inc.. (Attachments: #1 Declaration of Gerald L. Maatman, Jr., #2 Exhibit 1 to Maatman Declaration - Papa John's Franchise Agreement, #3 Exhibit 2 to Maatman Declaration - Declaration of Richard Butler, #4 Exhibit 3 to Maatman Declaration - Durling Amended Class/Collection Action Complaint, #5 Exhibit 4 to Maatman Declaration - Durling 3-29-17 Transcript of Proceedings, #6 Exhibit 5 to Maatman Declaration - Durling 3-1-18 Transcript of Proceedings) (Maatman, Gerald) |
| Filing 43 RESPONSE in Opposition re #24 MOTION to Certify Class Franchisee Defendants' Memorandum in Opposition to Plaintiff's Motion for Conditional Certification filed by Defendants Michael Hutmier, It's Only Downtown Pizza II Inc., It's Only Downtown Pizza, Inc., It's Only Papa's Pizza LLC, It's Only Pizza, Inc.. (Attachments: #1 Exhibit A - Declaration of Michael Hutmier, #2 Exhibit B - Declaration of James Phelps) (O'Connor, Brian) |
| NOTICE of Deadline: Rule 26(f) Report due by 11/6/2018. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (ba) |
| Filing 42 Franchisee Defendants It's Only Downtown Pizza, Inc., It's Only Pizza, Inc., It's Only Downtown Pizza, II Inc., It's Only Papa's Pizza, LLC and Michael Hutmeier ANSWER to #1 Complaint,, filed by Michael Hutmier, It's Only Downtown Pizza II Inc., It's Only Downtown Pizza, Inc., It's Only Papa's Pizza LLC, It's Only Pizza, Inc.. (O'Connor, Brian) |
| Filing 41 Defendant Papa John's Int'l ANSWER to #1 Complaint,, (Class and Collective Action Complaint) filed by Papa John's International, Inc.. (Maatman, Gerald) |
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Filing 40
ORDER denying #10 Motion to Dismiss; denying #12 Motion to Dismiss; finding as moot #25 Motion to Strike/Motion to Stay; within twenty-one (21) days of entry of this Order a response is due re #24 MOTION to Certify Class . Signed by Judge Michael R. Barrett on 9/29/18. (ba)
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Filing 39
ORDER granting #37 Motion for Leave to Appear Pro Hac Vice of Michael L. DeMarino for Defendant Papa John's International, Inc.. Signed by Judge Michael R. Barrett on 8/14/18. (ba)
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| Filing 38 Response re #36 Supplemental Update to #19 RESPONSE in Opposition re #10 MOTION to Dismiss by Defendant Papa John's International, Inc.. (Maatman, Gerald) Modified docket text and created link to motion on 8/15/2018 (eh). |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6554308) of Michael L. DeMarino by Defendant Papa John's International, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Janice, Christina) |
| Filing 36 Supplemental Update to #19 RESPONSE in Opposition re #10 MOTION to Dismiss filed by Plaintiff Derrick Thomas. (Attachments: #1 Exhibit 1 - Durling Defendants' Renewed Motion to Transfer, #2 Exhibit 2 - Durling Plaintiffs' Opposition to Renewed Motion to Transfer) (Kimble, Andrew) Modified on 8/8/2018 (eh). |
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Filing 35
ORDER granting #32 Motion for Leave to File REply; #33 Reply filed 4/9/18 is deemed as properly filed. Signed by Judge Michael R. Barrett on 6/20/18. (ba)
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| Filing 34 NOTICE by Defendant Papa John's International, Inc. Notice of Withdrawal of Brendan Sweeney as Counsel for Defendant Papa John's International, Inc. (Maatman, Gerald) |
| Filing 33 Memorandum Supporting re #32 MOTION for Leave to File Reply in Support of Notice of Supplemental Authority (Doc. 28) filed by Plaintiff Derrick Thomas. (Kimble, Andrew) Modified on 4/10/2018 (jlw). |
| Filing 32 MOTION for Leave to File Reply in Support of Notice of Supplemental Authority (Doc. 28) by Plaintiff Derrick Thomas. (Kimble, Andrew) |
| Filing 31 NOTICE of Appearance by Philip J. Krzeski for Plaintiff Derrick Thomas (Krzeski, Philip) |
| Filing 30 Response re #28 Notice (Other) Plaintiff's Notice Of Supplemental Authority Relating To Motion To Dismiss/Transfer The Case To The Southern District Of New York, Or Stay The Case by Defendant Papa John's International, Inc.. (Attachments: #1 Exhibit A - Transcript of Proceedings) (Maatman, Gerald) |
| Filing 29 Supplemental Memorandum Supporting re #28 Notice (Other), Durling Transcript by Plaintiff Derrick Thomas. (Biller, Andrew) |
| Filing 28 Plaintiffs Notice of Supplemental Authority Rendering Moot #10 Defendants Motion to Dismiss, Transfer, or Stay by Plaintiff Derrick Thomas (Biller, Andrew) Modified to clarify docket text on 3/19/2018 (jlw). |
| Filing 27 RESPONSE in Opposition re #25 MOTION to Strike , Or In the Alternative, to Stay Plaintiff's Motion for Conditional Certification MOTION to Stay filed by Plaintiff Derrick Thomas. (Kimble, Andrew) |
| Filing 26 NOTICE to Join re #25 MOTION to Strike , Or In the Alternative, to Stay Plaintiff's Motion for Conditional Certification MOTION to Stay Joinder in Defendant Papa John's Internationals, Inc.'s Motion to Strike, or in the Alternative to Stay Plaintiff's Motion for Conditional Certification by Defendants Michael Hutmier, It's Only Downtown Pizza II Inc., It's Only Downtown Pizza, Inc., It's Only Papa's Pizza LLC, It's Only Pizza, Inc. (O'Connor, Brian) Modified to clarify docket text on 11/7/2017 (jlw). |
| Filing 25 MOTION to Strike , Or In the Alternative, to Stay Plaintiff's Motion for Conditional Certification by Defendant Papa John's International, Inc.. (Attachments: #1 Memorandum of Law in Support of Motion to Strike, or In the Alternative, To Stay Plaintiff's Motion for Conditional Certification) (Maatman, Gerald). |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 11/2/2017; Andrew Biller and Andrew Kimble appeared for Plaintiff; Brian O'Connor appeared for Defendant Rep Hutmier; Brendan Sweeney appeared for Papa John's Int'l; Defendant Papa John's Int'l to file its Motion to Strike/Stay by 11/3/17; Plaintiff to respond by 11/10/17; #24 Motion to Certify Class briefing to be held temporarily. (ba) |
| Filing 24 MOTION to Certify Class by Plaintiff Derrick Thomas. (Attachments: #1 Exhibit 1 - Thomas Declaration, #2 Exhibit 2 - Thomas Pay Records, #3 Exhibit 3 - Secretary of State Filings, #4 Exhibit 4 - Michael Hutmier Twitter Page, #5 Exhibit 5 - Michael Hutmier LinkedIn Page, #6 Exhibit 6 - Proposed Notice and Consent Form, #7 Exhibit 7 - Proposed Email to Class Members, #8 Exhibit 8 - Wall Street Journal Article) (Kimble, Andrew) |
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Filing 23
ORDER granting #18 Motion for Leave to Appear Pro Hac Vice of Brendan Sweeney for Papa John's International, Inc.. Signed by Judge Michael R. Barrett on 9/27/17. (ba) Modified on 10/23/2017 (ba) to edit text and regenerate a NEF.
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| Filing 22 REPLY to Response to Motion re #12 MOTION to Dismiss Transfer or Stay the Case Joinder in Defendant Papa John's International, Inc.'s Reply in Further Support of its Motion to Dismiss, Transfer or Stay filed by Defendants Michael Hutmier, It's Only Downtown Pizza II Inc., It's Only Downtown Pizza, Inc., It's Only Papa's Pizza LLC, It's Only Pizza, Inc.. (O'Connor, Brian) |
| Filing 21 REPLY to Response to Motion re #10 MOTION to Dismiss , Transfer the Case to the Southern District of New York, or Stay the Case filed by Defendant Papa John's International, Inc.. (Maatman, Gerald) |
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Filing 20
ORDER granting #17 Motion for Extension of Time to File Response/Reply re #12 MOTION to Dismiss Transfer or Stay the Case, #10 MOTION to Dismiss , Transfer the Case to the Southern District of New York, or Stay the Case Responses due by 10/3/2017. Signed by Judge Michael R. Barrett on 10/13/2017. (bjc)
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| Filing 19 RESPONSE in Opposition re #10 MOTION to Dismiss , Transfer the Case to the Southern District of New York, or Stay the Case, #12 MOTION to Dismiss Transfer or Stay the Case filed by Plaintiff Derrick Thomas. (Attachments: #1 Exhibit Chart of Differences, #2 Exhibit Durling Renewed Conditional Cert Motion, #3 Exhibit Jimmy John's consolidated briefing and order, #4 Exhibit Jimmy John's Order finally granting consolidation) (Biller, Andrew) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6137401) of Brendan Sweeney by Defendant Papa John's International, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Janice, Christina) |
| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss , Transfer the Case to the Southern District of New York, or Stay the Case, #12 MOTION to Dismiss Transfer or Stay the Case New date requested 10/3/2017. by Plaintiff Derrick Thomas. (Attachments: #1 Text of Proposed Order Granting Motion to Extend) (Kimble, Andrew) |
| Filing 16 Corporate Disclosure Statement by Defendant It's Only Downtown Pizza II Inc.. (O'Connor, Brian) |
| Filing 15 Corporate Disclosure Statement by Defendant It's Only Downtown Pizza, Inc.. (O'Connor, Brian) |
| Filing 14 Corporate Disclosure Statement by Defendant It's Only Pizza, Inc.. (O'Connor, Brian) |
| Filing 13 Corporate Disclosure Statement by Defendant It's Only Papa's Pizza LLC. (O'Connor, Brian) |
| Filing 12 MOTION to Dismiss Transfer or Stay the Case by Defendants Michael Hutmier, It's Only Downtown Pizza II Inc., It's Only Downtown Pizza, Inc., It's Only Papa's Pizza LLC, It's Only Pizza, Inc.. (O'Connor, Brian) |
| Filing 11 Corporate Disclosure Statement by Defendant Papa John's International, Inc.. (Maatman, Gerald) |
| Filing 10 MOTION to Dismiss , Transfer the Case to the Southern District of New York, or Stay the Case by Defendant Papa John's International, Inc.. (Attachments: #1 Declaration of Gerald L. Maatman, Jr., #2 Exhibit 1 - To G. Maatman Declaration, #3 Exhibit 2 - To G. Maatman Declaration) (Maatman, Gerald) |
| Filing 9 CERTIFICATE OF SERVICE by Defendant Papa John's International, Inc. re #6 Notice of Appearance (Janice, Christina) |
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Filing 8
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Gerald L. Maatman, Jr. for Defendant Papa John's International, Inc.. Signed by Judge Michael R. Barrett on 9/1/17. (ba)
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| Notice by Clerk re #6 Notice of Appearance by Christina M Janice: document filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing, use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link a one page certificate of service to doc. #6 . (eh) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6105148) of Gerald L. Maatman, Jr. by Defendant Papa John's International, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Janice, Christina) |
| Filing 6 NOTICE of Appearance by Christina M Janice for Defendant Papa John's International, Inc. (Janice, Christina) |
| Filing 5 WAIVER OF SERVICE Returned Executed. Waiver sent to Papa John's International, Inc. on 7/5/2017, answer due 9/5/2017. (Kimble, Andrew) |
| Filing 4 NOTICE of Appearance by Brian Patrick O'Connor for Defendants Michael Hutmier, It's Only Downtown Pizza II Inc., It's Only Downtown Pizza, Inc., It's Only Papa's Pizza LLC, It's Only Pizza, Inc. (O'Connor, Brian) |
| Filing 3 WAIVER OF SERVICE Returned Executed. Waiver sent to Michael Hutmier on 7/5/2017, answer due 9/5/2017; It's Only Downtown Pizza II Inc. on 7/5/2017, answer due 9/5/2017; It's Only Downtown Pizza, Inc. on 7/5/2017, answer due 9/5/2017; It's Only Papa's Pizza LLC on 7/5/2017, answer due 9/5/2017; It's Only Pizza, Inc. on 7/5/2017, answer due 9/5/2017. (Kimble, Andrew) |
| Filing 2 Summons Issued as to Michael Hutmier, It's Only Downtown Pizza II Inc., It's Only Downtown Pizza, Inc., It's Only Papa's Pizza LLC, It's Only Pizza, Inc., Papa John's International, Inc.. (jlw) (Main Document 2 replaced on 6/20/2017) (jlw). |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (jlw) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6002123), filed by Derrick Thomas. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Consent to Join Form, #3 Summons Form to Papa John's International, Inc., #4 Summons Form to It's Only Downtown Pizza, Inc., #5 Summons Form to It's Only Pizza Inc., #6 Summons Form to It's Only Downtown Pizza II Inc., #7 Summons Form to It's Only Papa's Pizza LLC, #8 Summons Form to Michael Hutmier) (Kimble, Andrew) |
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