Shumate v. Genesco, Inc. et al
Plaintiff: Shumate and Julia Shumate
Defendant: Genesco, Inc, ABC Entity Defendants Nos. 1-5, Genesco, Inc., Hat World, Inc., John Doe Defendants Nos 1-5 and Hat World, Inc. doing business as Lids Sports Group
Case Number: 2:2017cv00157
Filed: February 22, 2017
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
County: LICKING
Presiding Judge: Elizabeth Preston Deavers
Referring Judge: Edmund A Sargus
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 5, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2017 ***Case transferred from Ohio Southern has been opened in Southern District of Indiana as case 1:17-cv-03574, filed 10/05/2017. (er)
October 4, 2017 Opinion or Order Filing 59 ORDER granting #17 Motion to Change Venue and directing the Clerk to transfer this case to Southern District of Indiana. Signed by Magistrate Judge Elizabeth Preston Deavers on October 4, 2017. (jlk) Modified date signed and filed on 10/5/2017 (jlk).
October 4, 2017 Case transferred to District of Southern District of Indiana, Indianapolis Division. Case file and docket sheet sent electronically. (jlk)
September 18, 2017 Filing 58 CERTIFICATE OF SERVICE by Defendants Genesco, Inc., Hat World, Inc. re #56 Notice of Appearance (DelGobbo, Bonnie)
August 28, 2017 Filing 57 REPLY to Response to Motion re #40 MOTION to Dismiss Defendants' Rule 12(B)(6) Motion to Dismiss Claims that Fluctuating Workweek was Inapplicable Due to Payment of Performance-Based Bonuses in Addition to Base Salary Reply in Support of Cross-Motion for Leave filed by Plaintiff Julia Shumate. (Kasson, D)
August 21, 2017 Filing 56 NOTICE of Appearance by Bonnie Keane DelGobbo for Defendants Genesco, Inc., Hat World, Inc. (DelGobbo, Bonnie)
August 18, 2017 Filing 55 REPLY to Response to Motion re #44 MOTION to Dismiss Opt-In Plaintiff Richard A. Smith's Claims in Favor of Arbitration Reply in Further Support of Defendants' Motion to Dismiss Opt-In Plaintiff Richard A. Smith's Claims in Favor of Arbitration filed by Defendants Genesco, Inc., Hat World, Inc.. (Griswold, Joel)
August 15, 2017 Opinion or Order Filing 54 ORDER granting #51 Motion for Leave to Appear Pro Hac Vice of Bonnie Keane DelGobbo. Signed by Magistrate Judge Elizabeth Preston Deavers on August 15, 2017. (jlk)
August 14, 2017 Filing 53 BRIEF re #49 Response in Opposition to Motion, by Defendants Genesco, Inc., Hat World, Inc.. (Attachments: #1 Exhibit A) (Griswold, Joel)
August 14, 2017 Filing 52 REPLY to Response to Motion re #40 MOTION to Dismiss Defendants' Rule 12(B)(6) Motion to Dismiss Claims that Fluctuating Workweek was Inapplicable Due to Payment of Performance-Based Bonuses in Addition to Base Salary filed by Defendants Genesco, Inc., Hat World, Inc.. (Griswold, Joel)
August 14, 2017 Filing 51 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6079644) of DelGobbo by Defendants Genesco, Inc., Hat World, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Hilsheimer, Lauren)
August 4, 2017 Filing 50 RESPONSE in Opposition re #44 MOTION to Dismiss Opt-In Plaintiff Richard A. Smith's Claims in Favor of Arbitration filed by Plaintiff Julia Shumate. (Attachments: #1 Judge Boyko's Trial By Jury Order) (Griffin, Lori)
July 31, 2017 Filing 49 RESPONSE in Opposition re #40 MOTION to Dismiss Defendants' Rule 12(B)(6) Motion to Dismiss Claims that Fluctuating Workweek was Inapplicable Due to Payment of Performance-Based Bonuses in Addition to Base Salary filed by Plaintiff Julia Shumate. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Kasson, D)
July 21, 2017 Opinion or Order Filing 48 NOTATION ORDER granting #45 Motion for Extension of Time to File Memorandum in Opposition to Defendant's Motion to Dismiss. Plaintiff's Memorandum in Opposition is due by 7/31/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on 07/21/2017. (EPD)
July 21, 2017 Filing 47 REPLY to Response to Motion re #45 MOTION for Extension of Time New date requested 7/31/2017. Reply in Support of Motion for Extension filed by Plaintiff Julia Shumate. (Kasson, D)
July 20, 2017 Filing 46 RESPONSE in Opposition re #45 MOTION for Extension of Time New date requested 7/31/2017. Defendants' Opposition to Plaintiff's Motion for Extension filed by Defendants Genesco, Inc., Hat World, Inc.. (Attachments: #1 Exhibit Exhibit A to Opp to Motion for Extension) (Griswold, Joel)
July 20, 2017 Filing 45 MOTION for Extension of Time New date requested 7/31/2017. by Plaintiff Julia Shumate. (Kasson, D)
July 14, 2017 Filing 44 MOTION to Dismiss Opt-In Plaintiff Richard A. Smith's Claims in Favor of Arbitration by Defendants Genesco, Inc., Hat World, Inc.. (Attachments: #1 Supplement Memorandum in Support of Motion to Dismiss, #2 Exhibit A-Declaration of Carrie Baird) (Griswold, Joel)
July 14, 2017 Filing 43 REPLY to Response to Motion re #28 MOTION For Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Plaintiff Julia Shumate. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Kasson, D)
July 13, 2017 Filing 42 NOTICE by Defendants Genesco, Inc., Hat World, Inc. re #17 MOTION to Change Venue Defendants' Motion to Transfer Venue to the Southern District of Indiana Notice of Supplemental Authority (Attachments: #1 Exhibit A-Related Case Decision) (Hilsheimer, Lauren)
June 30, 2017 Filing 41 RESPONSE in Opposition re #28 MOTION For Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs Defendants' Response in Opposition to Plaintiff's Motion for Conditional Certification filed by Defendants Genesco, Inc., Hat World, Inc.. (Attachments: #1 Exhibit Index and Declarations) (Griswold, Joel)
June 30, 2017 Filing 40 MOTION to Dismiss Defendants' Rule 12(B)(6) Motion to Dismiss Claims that Fluctuating Workweek was Inapplicable Due to Payment of Performance-Based Bonuses in Addition to Base Salary by Defendants Genesco, Inc., Hat World, Inc.. (Attachments: #1 Supplement Defendants' Memorandum of Law in Support of Their Rule 12(B)(6) Motion to Dismiss Claims that Fluctuating Workweek was Inapplicable Due to Payment of Performance-Based Bonuses in Addition to Base Salary) (Griswold, Joel)
June 28, 2017 Filing 39 NOTICE by Plaintiff Julia Shumate of Filing Consent Form (Attachments: #1 Nathan Cole Consent Form) (Griffin, Lori)
June 26, 2017 Filing 38 REPLY to Response to Motion re #17 MOTION to Change Venue Defendants' Motion to Transfer Venue to the Southern District of Indiana filed by Defendants Genesco, Inc., Hat World, Inc.. (sem) Refiled 36 document to use proper event on 6/28/2017 (sem).
June 26, 2017 Notice of Correction re: #38 Reply to Response to Motion (Document previously filed by counsel as a response to motion instead of a reply in support of the motion). (sem)
June 26, 2017 Filing 37 NOTICE of Change of Address by Lauren Marie Hilsheimer (Hilsheimer, Lauren)
June 26, 2017 Filing 36 REPLY in Support Motion re #17 Defendants' Motion to Transfer Venue to the Southern District of Indiana filed by Defendants Genesco, Inc., Hat World, Inc.. (Griswold, Joel) Modified text on 6/28/2017 (sem). Modified and corrected event on 6/28/2017 (sem).
June 14, 2017 Filing 35 NOTICE of Appearance by Kari Hehmeyer for Plaintiff Julia Shumate (Hehmeyer, Kari)
June 12, 2017 Filing 34 RESPONSE to Motion re #17 MOTION to Change Venue Defendants' Motion to Transfer Venue to the Southern District of Indiana filed by Plaintiff Julia Shumate. (Kasson, D)
June 8, 2017 Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 6/8/2017. (sln)
June 8, 2017 Opinion or Order Filing 33 ORDER granting in part and denying in part #29 Motion for Extension of Time. Defendants are granted an extension of FOURTEEN (14) DAYS to respond to Plaintiffs Motion for Conditional Certification. Signed by Magistrate Judge Elizabeth Preston Deavers on June 8, 2017. (jlk)
June 7, 2017 Filing 32 REPLY to Response to Motion re #29 MOTION for Extension of Time New date requested 7/14/2017. Defendants' Opposed Motion to Extend Deadline to Respond to Plaintiff's Motion for Conditional Certification filed by Defendants Genesco, Inc., Hat World, Inc.. (Griswold, Joel)
June 7, 2017 Filing 31 NOTICE of Hearing: Status Conference set for 6/8/2017 11:15 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
June 7, 2017 Filing 30 RESPONSE in Opposition re #29 MOTION for Extension of Time New date requested 7/14/2017. Defendants' Opposed Motion to Extend Deadline to Respond to Plaintiff's Motion for Conditional Certification Or, In the Alternative, Motion to Equitably Toll the Statute of Limitations for Potential Opt-In Plaintiffs filed by Plaintiff Julia Shumate. (Christy, Chastity)
June 5, 2017 Filing 29 MOTION for Extension of Time New date requested 7/14/2017. Defendants' Opposed Motion to Extend Deadline to Respond to Plaintiff's Motion for Conditional Certification by Defendants Genesco, Inc., Hat World, Inc.. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Defendants' Opposed Motion to Extend Deadline to Respond to Plaintiff's Motion for Conditional Certification) (Griswold, Joel)
May 26, 2017 Filing 28 MOTION For Conditional Certification, Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs by Plaintiff Julia Shumate. (Attachments: #1 Proposed Order, #2 Representative Plaintiff Julia Shumate Declaration, #3 Opt-In Plaintiffs Declarations, #4 Opt-In Discovery Directed at Defendant) (Christy, Chastity)
May 25, 2017 Filing 27 FIRST AMENDED COMPLAINT filed by Julia Shumate. (Kasson, D)
May 24, 2017 Filing 26 NOTICE of Appearance by Lori M. Griffin for Plaintiff Julia Shumate (Griffin, Lori)
May 24, 2017 Filing 25 NOTICE by Plaintiff Julia Shumate of Filing Consent Forms (Attachments: #1 Donald L. Conley Consent Form, #2 Terry Polley Consent Form, #3 Richard A. Smith Consent Form) (Christy, Chastity)
May 24, 2017 Filing 24 NOTICE of Appearance by Anthony J Lazzaro for Plaintiff Julia Shumate (Lazzaro, Anthony)
May 24, 2017 Filing 23 NOTICE of Appearance by Chastity Lynn Christy for Plaintiff Julia Shumate (Christy, Chastity)
May 24, 2017 Opinion or Order Filing 22 CONTINUED PRELIMINARY PRETRIAL ORDER: Should the matter between the parties not be resolved over the course of the next two (2) weeks, Plaintiff is granted leave to file an amended complaint by 6/16/2017. Defendants may have until 7/14/2017 to respond to the anticipated amended complaint. The Plaintiff's Class Certification Motion is due by 7/31/2017. The Court does not stay discovery during the pendency of either the motion to change venue or the anticipated motion to conditionally certify. Signed by Magistrate Judge Norah McCann King on 5/24/2017. (kdp)
May 24, 2017 Minute Entry for proceedings held before Magistrate Judge Norah McCann King: Continued Preliminary Pretrial Conference held on 5/24/2017. (sln)
May 18, 2017 Opinion or Order Filing 21 NOTATION ORDER granting #20 Unopposed Motion for Extension of Time to File Response/Reply re #17 Defendants' Motion to Transfer Venue to the Southern District of Indiana. Response is now due by 6/12/2017. Signed by Magistrate Judge Norah McCann King on 5/18/17. (NMK)
May 18, 2017 Filing 20 First MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Change Venue Defendants' Motion to Transfer Venue to the Southern District of Indiana New date requested 6/12/2017. by Plaintiff Julia Shumate. (Attachments: #1 Text of Proposed Order) (Kasson, D)
May 9, 2017 Opinion or Order Filing 19 PRELIMINARY PRETRIAL ORDER: Defendants are ordered to produce to plaintiff the plaintiffs payroll records by May 10, 2017. It is FURTHER ORDERED that defendants have no obligation to respond to plaintiffs outstanding discovery requests until the date to be set at the continued preliminary pretrial conference. A continued preliminary pretrial conference is scheduled via telephone on May 24, 2017 at 11:00 a.m. Counsel to call Court at 614-719-3460 at the appointed time. Signed by Magistrate Judge Norah McCann King on May 9, 2017. (jlk)
May 9, 2017 Minute Entry for proceedings held before Magistrate Judge Norah McCann King: Preliminary Pretrial Conference held on 5/9/2017. (sln)
May 2, 2017 Filing 18 RULE 26(f) REPORT Rule 26(f) Report of the Parties by Defendants Genesco, Inc., Hat World, Inc.. (Hilsheimer, Lauren)
May 1, 2017 Filing 17 MOTION to Change Venue Defendants' Motion to Transfer Venue to the Southern District of Indiana by Defendants Genesco, Inc., Hat World, Inc.. (Attachments: #1 Supplement Memorandum of Law in Support of Defendants' Motion to Transfer Venue to the Southern District of Indiana, #2 Exhibit Declaration of Carrie Baird, #3 Exhibit Federal Judicial Caseload Statistics - March 31, 2016 Table) (Griswold, Joel)
May 1, 2017 Filing 16 Corporate Disclosure Statement by Defendants Hat World, Inc., Genesco, Inc. identifying Corporate Parent Genesco, Inc. for Hat World, Inc... (Griswold, Joel)
May 1, 2017 Filing 15 Corporate Disclosure Statement by Defendants Genesco, Inc., Hat World, Inc.. (Griswold, Joel)
May 1, 2017 Filing 14 Defendants' ANSWER to #1 Complaint, Defendants' Answer and Defenses to Plaintiff's Class and Collective Action Complaint filed by Genesco, Inc., Hat World, Inc.. (Griswold, Joel)
May 1, 2017 Filing 13 NOTICE of Appearance by Joel C. Griswold for Defendants Genesco, Inc., Hat World, Inc. (Griswold, Joel)
April 25, 2017 Opinion or Order Filing 12 ORDER granting #11 Motion for Leave to Appear Pro Hac Vice of Joel C. Griswold. Signed by Magistrate Judge Elizabeth Preston Deavers on April 25, 2017. (jlk)
April 24, 2017 Filing 11 MOTION for Leave to Appear Pro Hac Vice.(Filing fee of $200 paid, receipt number 0648-5929543) of Joel C. Griswold by Defendants Genesco, Inc., Hat World, Inc.. (Hilsheimer, Lauren)
April 7, 2017 Filing 10 NOTICE of Hearing:Preliminary Pretrial Conference set for 5/9/2017 10:30 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln)
April 5, 2017 Opinion or Order Filing 9 ORDER Granting #8 Motion for Extension of Time to Answer. Genesco, Inc. answer due 5/1/2017; Hat World, Inc. answer due 5/1/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/5/2017. (sln)
April 4, 2017 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply New date requested 5/1/2017. by Defendants Genesco, Inc., Hat World, Inc.. (Attachments: #1 Text of Proposed Order Unopposed Motion for an Extension of Time to Move or File a Responsive Pleading) (Hilsheimer, Lauren)
April 4, 2017 Filing 7 NOTICE of Appearance by Lauren Marie Hilsheimer for Defendants Genesco, Inc., Hat World, Inc. (Hilsheimer, Lauren)
March 24, 2017 Filing 6 SUMMONS Returned Executed as to Defendant Genesco, Inc., 1415 Murfreesboro Pike, Nashville, TN 37217. (agm)
March 22, 2017 Filing 5 SUMMONS Returned Executed: Genesco, Inc. and Hat World, Inc. served on 3/20/2017, answer due 4/10/2017. (jlk)
March 15, 2017 Filing 4 CERTIFICATE of Mailing by Clerk. (agm)
February 23, 2017 Filing 3 NOTICE of Non-Issuance of Summons (Attachments: #1 Summons Forms) (agm)
February 23, 2017 Filing 2 Summons Issued as to Genesco, Inc., Genesco, Inc. c/o Statutory Agent, Hat World, Inc., and Hat World, Inc. c/o Statutory Agent. (agm)
February 22, 2017 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5852444), filed by Julia Shumate. (Attachments: #1 Civil Cover Sheet, #2 Summons Form, #3 Summons Form, #4 Summons Form, #5 Summons Form, #6 Summons Form, #7 Summons Form) (Kasson, D)

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Search for this case: Shumate v. Genesco, Inc. et al
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Plaintiff: Shumate
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Plaintiff: Julia Shumate
Represented By: Chastity Lynn Christy
Represented By: Lori M. Griffin
Represented By: Kari Hehmeyer
Represented By: D Patrick Kasson
Represented By: Tyler Tarney
Represented By: Anthony J Lazzaro
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Defendant: Genesco, Inc
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Defendant: ABC Entity Defendants Nos. 1-5
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Defendant: Genesco, Inc.
Represented By: Joel C. Griswold
Represented By: Bonnie Keane DelGobbo
Represented By: Lauren Marie Hilsheimer
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Defendant: Hat World, Inc.
Represented By: Joel C. Griswold
Represented By: Bonnie Keane DelGobbo
Represented By: Lauren Marie Hilsheimer
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Defendant: John Doe Defendants Nos 1-5
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Defendant: Hat World, Inc. doing business as Lids Sports Group
Represented By: Joel C. Griswold
Represented By: Bonnie Keane DelGobbo
Represented By: Lauren Marie Hilsheimer
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