Hatmaker et al v. Papa John's Ohio, LLC et al
| Tammy Hatmaker, Stephen Hatmaker, Kendall Peyton, Moses Knox, Alan Huxford, Derek Green, Andrew Polizia, Matthew Curry, Carol Brezinski and James Brezinski |
| Papa John's Ohio, LLC, PJ Ohio, LLC, Serazen, LLC, BLD Brands, LLC, PJ Pizza Ohio, LLC, PJ Las Vegas, LLC, PJ North Carolina, LLC and Doug Pak |
| 3:2017cv00146 |
| April 27, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Thomas M. Rose |
| Fair Labor Standards Act |
| 15 U.S.C. ยง 2 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
175
AMENDED DECISION AND ENTRY CORRECTING RULING ON ECF DOCUMENT 167 in the Order 174 docketed 2/2/2021. Signed by Judge Thomas M. Rose on 2-2-2021. (de)
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Filing
172
REPORT AND RECOMMENDATIONS: 167 Plaintiffs' Motion for Prejudgment Attachment of Assets be denied, and 168 Defendants' Motion For Hearing be denied as moot. Objections to R&R due by 1/26/2021. Signed by Magistrate Judge Sharon L. Ovington on 1-12-21. (mcm)
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Filing
171
ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE. (ECF 170). DEFENDANTS' MOTION TO DISMISS PLAINTIFF STEPHEN HATMAKER (ECF 157) IS GRANTED, AND THE CLERK IS ORDERED TO DISMISS STEPHENHATMAKER FROM THIS CASE. Signed by Judge Thomas M. Rose on 11/24/20. (ep)
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Filing
170
REPORT AND RECOMMENDATION: 157 Defendants' MOTION to Dismiss Plaintiff Stephen Hatmaker be granted. Objections to R&R due by 11/18/2020. Signed by Magistrate Judge Sharon L. Ovington on 11-4-20. (mcm)
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Filing
166
RECUSAL ORDER - The above case was assigned randomly to the undersigned when it was filed in 2017. Since that time, the undersigned has removed himself from assignment to civil cases other than those sounding in habeas corpus. Therefore, the undersigned hereby RECUSES himself from participation in this case and directs the Clerk to re-assign the case to one of the other Magistrate Judges at Dayton. Signed by Magistrate Judge Michael R. Merz on 9/30/2020. (srb)
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Filing
165
ENTRY AND ORDER DENYING DEFENDANTS CROSS-MOTION FOR A PROTECTIVE ORDER, ECF 146 , GRANTING PLAINTIFFS MOTION TO COMPEL PRODUCTION OF INDIVIDUAL DEFENDANTS EMAILS, ECF 145 , AND GRANTING PLAINTIFFS SECOND MOTION FOR A PROTECTIVE ORDER. ECF 152 . PRELIMINARY PRETRIAL CONFERENCE WILL BE SET BY SEPARATE ENTRY. Signed by Judge Thomas M. Rose on 9/28/20. (pb)
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Filing
148
ENTRY AND ORDER DENYING DEFENDANTS' MOTION FOR STAY, 138 , AND GRANTING PLAINTIFFS' MOTION TO COMPEL 137 . PRELIMINARY PRETRIAL CONFERENCE WILL BE SET BY SEPARATE ENTRY. The Court GRANTS Plaintiffs' Motion to Compel and Award Fees un der Rule 37. Defendants are ORDERED to produce the relevant documents by July 18, 2020. Plaintiffs are to submit a bill of costs by July 18, 2020. Defendants will be granted until July 28, 2020 to file any objection to the bill of costs. Signed by Judge Thomas M. Rose on 7-7-2020. (de)
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Filing
113
SCHEDULING ORDER - Cross-Motions for Partial Summary Judgment on the question of what constitutes a proper measure of minimum wage compliance for pizza delivery drivers is due April 22, 2019. Responses are due June 12, 2019. Replieswill only be permitted by leave of Court. An Amended Rule 26(f) will be due 24 days after the Court rules on the cross motions for summary judgment. Signed by Judge Thomas M. Rose on 4-8-2019. (de)
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Filing
112
ENTRY AND ORDER denying 94 Motion to Dismiss for Failure to State a Claim. Signed by Judge Thomas M. Rose on 3-26-2019. (de)
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Filing
30
ORDER- IT IS HEREBY ORDERED that this case be conditionally certified as a collective action pursuant to 29 U.S.C. § 216(b). IT IS FURTHER ORDERED that the Notice of Collective Action Lawsuit attached as Exhibit A to Doc. 28 is APPROVED, and it is ORDERED that said notice be sent U.S. Mail to allcurrent and former delivery drivers employed by Defendant within the three years preceding the date of this Order. IT IS FURTHER ORDERED that all further stipulations and agreements between the p arties set forth in Doc. 28 are APPROVED, and it is ORDERED that the parties shall adhere thereto.IT IS FURTHER ORDERED that these proceedings (including Defendants obligation to file a response to the Complaint) are STAYED, except for briefing and adjudication of Plaintiffs Motion for Leave to File Second Amended Complaint (Doc. 27 ) until l0 days after conclusion of the opt-in period. Signed by Judge Thomas M. Rose on 10/23/17. (kma)
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Filing
25
ORDER GRANTING re 24 JOINT MOTION TO EXTEND STAY OF LITIGATION PENDING DATA DISCLOSURE AND MEDIATION -It is ordered that all proceedings in this matter be and hereby are stayed through September 29, 2017, to permit the Parties opportunity to medi ate with Hunter Hughes, Esq. in Atlanta, Georgia, and it isFURTHER ORDERED that if settlement is not achieved, the Parties shall so notify the Court that their efforts were unsuccessful and Defendants shall have until October 29, 2017, to respond to the Amended Complaint and to file their response to Plaintiffs' pending Motion for Conditional Certification. Signed by Judge Thomas M. Rose on 8-30-2017. (de)
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