Gallagher et al v. Lackawanna County
| Mark Sedlak, Anthony Bielucke, Eugene Widdick, Robert Kurilla, John Kolosinsky, Raymond Echalk, Jr., James Slebodnik, Justin Burke, William Shanley, Frank Naumovitz, Peter Zelinski, James J. Walsh, Jr., John Dodgson, James Donly, Charles W. Wasko, Patrick L. Capone, Jeff Staff, Robert Craig, Joseph Laboranti, Christopher P. Flaim, David Moore, Robert Mazzino, Colleen Neveroski, Dominick S. Trichilo, Phillip M. Locker, Richard Pitoniak, Jeffrey G. Connor, Michael Mallick, Benjamin R. Martin, James Y. Bevan, Jr., Richard Loscombe, George R. Efthimiou, Jason Jervis, Matthew Urbas, Adam Talipski, Robert M. Noldy, Barry Craven, Fred DeRiggi, Marty Addley, Paul Voglino, Corey Vrabel, Joseph Kearney, Joseph S. Lebodnik, Eric Dierks, Thomas Leach, Charles Betress, Jason D. Posluszny, Alan Hoffman, Eugene Newhart, Rodney G. Osterstrom, Tom Laguzzi, John Sanko, Richard Leonori, Anthony Yerka, Jean Pelucacci, Christopher P. Maloney, Frank Borgia, Robert W. Ace, Mark M. Fueshko, Kathleen P. Fanning Schneider, Paul Armbruster, Brian Evans, Danielle Sofchack, John Joseph Maher, III, Jennifer Potter, Mike Zemantauski, Tammy Miller, Daniel Gilligan, Joseph Wynne, Jr., Paul DeSando, Allan D. Siebecker, Jr., Robert J. Lisowski, John Moskwa, Kevin R. Cavanaugh, Joseph Gallagher, Thomas McCarthy, Shawn C Sayer, Jason Ratchford, Kevin Dolphin, Jason C. Talutto, Joshua Kilhullen, Cory Jordan, Joseph Black, Patricia L. Shea, John P. Mazor, Roisin Kennedy, Michael Shiffer, Paula Bondy, Robert Dutkevitch, Michael Gulbin, David Laguzzi, Daniel Robinson, Andrea Sandrowick, Edward Williams, Victor Gowat, Kevin P. McConlogue, The Estate of Robert W. Ace, Julie Kelly and Jonathan Connor |
| Lackawanna County |
| 3:2007cv00912 |
| May 18, 2007 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| Christopher C Conner |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| None |
Docket Report
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This docket was last retrieved on October 5, 2010. A more recent docket listing may be available from PACER.
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Filing 92
ORDER: 1. The Approval Motion #90 is GRANTED and the accompanying SettlementAgreement is APPROVED as a fair and reasonable resolution of thisaction under Section 16(b) of the Fair Labor Standards Act, 29 U.S.C. 216(b);2. Attorney Peter Winebrake of The Winebrake Law Firm, LLC isappointed to serve as counsel for purposes of representing allsettlement participants during any and all further proceedings relatingto the settlement; and3. This action is DISMISSED AS SETTLED, although this Court shallretain jurisdiction over this action for purposes of overseeing anydisputes arising from the implementation, administration, orenforcement of the settlement terms. Signed by Honorable Christopher C. Conner on 10/5/10 (ma, )
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| Filing 91 BRIEF IN SUPPORT re #90 Unopposed MOTION for Approval of the FLSA Collective Action Settlement filed by Joseph Gallagher, Matthew Urbas. (Attachments: #1 Appendix A-Declaration of Peter Winebrake)(Winebrake, Peter) |
| Filing 90 Unopposed MOTION for Approval of the FLSA Collective Action Settlement by Joseph Gallagher, Matthew Urbas. (Attachments: #1 Settlement Agreement, #2 Proposed Order)(Winebrake, Peter) |
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Filing 89
ORDER - It is ORDERED that cnsl for the parties shall file a joint report on the status of settlement by 10/4/10. (See order for complete details.) Signed by Honorable Christopher C. Conner on 09/22/10. (ki)
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| Filing 88 NOTICE of Appearance by Mark J. Gottesfeld on behalf of Joseph Gallagher (Gottesfeld, Mark) |
| Filing 87 NOTICE by Danielle Sofchack of Withdrawal of DANIELLE SOFCHAK as a Party Plaintiff to this Action (Winebrake, Peter) |
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Filing 86
ORDER directing cnsl to file joint status rpt on status of settlement by 9/7/10. (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/25/10. (ki)
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| Filing 85 NOTICE by Joseph Gallagher of Withdrawal of COLLEEN NEVEROSKI as an Opt-In Party Plaintiff (Winebrake, Peter) |
| Filing 84 NOTICE by Joseph Gallagher of Withdrawal of JONATHAN CONNOR as an Opt-In Party Plaintiff (Winebrake, Peter) |
| VERBAL ORDER - Case Reassigned to Honorable Christopher C. Conner. Honorable Thomas I. Vanaskie no longer assigned to the case. (admin, ) |
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Filing 82
ORDER:THAT the telephone status conference previously scheduled for Tuesday, June 22, 2010 at 11:30 a.m. has been rescheduled to Wednesday, June 30, 2010 at 10:00 a.m. Plaintiffs counsel is responsible for placing the call to (570)207-5720, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Thomas I. Vanaskie on 6/22/10. (jfg)
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Filing 80
ORDER: Telephone Status Conference set for 6/22/2010 11:30 AM in Scranton before Honorable Thomas I. Vanaskie. Plaintiff's counsel is responsible for placing the call. Signed by Honorable Thomas I. Vanaskie on 6/7/10. (jfg)
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Filing 79
ORDER:THAT a telephone status conference will be held on Monday, June 7, 2010, at 11:30 a.m. Plaintiffs counsel is responsible for placing the call to (570) 207-5720, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Thomas I. Vanaskie on 5/4/10. (jfg)
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Filing 76
ORDER: THAT a telephone status conference will be held on Tuesday, May 4, 2010, at 12:45 p.m. Plaintiffs counsel is responsible for placing the call to (570) 207-5720, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Thomas I. Vanaskie on 4/12/10. (jfg)
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| Filing 75 MEMORANDUM AND ORDER 1. Defendants Motion for Summary Judgment (Dkt. 64) is GRANTED IN PART. The section 6(b) claim, asserted in Count I, is DISMISSED. Defendants are entitled to a declaration that section 7(k) of the FLSA applies and Plaintiffs may not recover under the FLSA for a pure gap time claim.2. A Telephone Scheduling Conference shall be held on Monday, April 12, 2010, at8:30 a.m. Plaintiffs counsel is responsible for placing the call to (570) 207-5720, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Thomas I. Vanaskie on 3/31/10. (jfg) |
| Filing 74 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral argument held on 3/16/2010 before Judge Vanaskie. Court Reporter Kristin Yeager, Telephone number 570.344.1323. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2010. Redacted Transcript Deadline set for 4/19/2010. Release of Transcript Restriction set for 6/15/2010. (cr, ) |
| Filing 72 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Oral argument before Judge Vanaskie on 3/16/2010. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 3/16/2010. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) |
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Filing 71
SCHEDULING ORDER:THAT oral argument on Defendants Motion for Summary Judgment will be held on Tuesday, March 16, 2010 at 10:00 a.m. in the William J. Nealon Federal Building & U.S. Courthouse, 235 N. Washington Avenue, Scranton, Pennsylvania. Signed by Honorable Thomas I. Vanaskie on 2/24/10. (jfg)
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| Filing 70 REPLY BRIEF re #64 MOTION for Summary Judgment w/Order, Certificate of Non-Concurrence & Certificate of Service filed by Lackawanna County. (Attachments: #1 Unpublished Opinion(s))(Santarelli, Raymond) |
| Filing 69 BRIEF IN OPPOSITION re #64 MOTION for Summary Judgment w/Order, Certificate of Non-Concurrence & Certificate of Service filed by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas. (Attachments: #1 Appendix A - Prison Board Meeting Agenda and Attachment, #2 Appendix B - DOL Wage and Hour Division Opinion Letter, 1994 WL 1004749 (Jan. 13. 1994))(Winebrake, Peter) |
| Filing 68 ANSWER TO STATEMENT OF FACTS re #67 Statement of Facts filed by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas. (Attachments: #1 Exhibit(s) A - Sample Paystubs, #2 Exhibit(s) B - Deposition of Paul Jennings, #3 Exhibit(s) C - Deposition of Janine Donate, #4 Exhibit(s) D - Policy A-112, #5 Exhibit(s) E - Deposition of Robert Hilborn, #6 Exhibit(s) F - Deposition of Joseph Kearney, #7 Exhibit(s) G - Medical Procedures, #8 Errata H - Daily Inmate Court Procedures, #9 Exhibit(s) I - Deposition of William Shanley, #10 Exhibit(s) J - Deposition of Frank Yavoroski, #11 Exhibit(s) K - Deposition of Joseph Gallagher, #12 Exhibit(s) L - Memorandum, dated November 14, 2006, #13 Exhibit(s) M - Employee Manual (relevant potions), #14 Exhibit(s) N - Deposition of Frank Chiarelli, #15 Exhibit(s) O - Deposition of James Walsh, #16 Exhibit(s) P - Defendant's Responses to Plaintiffs Interrogatories and Document Requests, #17 Exhibit(s) Q - Deposition of Michael McGraw, #18 Exhibit(s) R - Deposition of Nancy Carroll, #19 Exhibit(s) S - Deposition of Robert Brown, #20 Exhibit(s) T - Deposition of Robert Mendicino, #21 Exhibit(s) U - Deposition of Keith Oleski, #22 Exhibit(s) V - Deposition of Patrick Cappone, #23 Errata W - Scranton Times-Tribune Newspaper Article, dated June 3, 2008)(Winebrake, Peter) |
| Filing 67 STATEMENT OF FACTS re #66 Appendix, #65 Brief in Support, #64 MOTION for Summary Judgment w/Order, Certificate of Non-Concurrence & Certificate of Service w / certificate of service filed by Lackawanna County.(Santarelli, Raymond) |
| Filing 66 APPENDIX by Lackawanna County. to #65 Brief in Support, #64 MOTION for Summary Judgment w/Order, Certificate of Non-Concurrence & Certificate of Service (Exhibits A-R). (Attachments: #1 Supplement Appendix (E-G), #2 Supplement Appendix (H-J), #3 Supplement Appendix (K-M), #4 Supplement Appendix (N-P), #5 Supplement Appendix (Q-R))(Santarelli, Raymond) |
| Filing 65 BRIEF IN SUPPORT re #64 MOTION for Summary Judgment w/Order, Certificate of Non-Concurrence & Certificate of Service filed by Lackawanna County. (Attachments: #1 Exhibit(s) Department of Labor Letter, #2 Exhibit(s) Unreported Cases, #3 Exhibit(s) Unreported Cases)(Santarelli, Raymond) |
| Filing 64 MOTION for Summary Judgment w/Order, Certificate of Non-Concurrence & Certificate of Service by Lackawanna County.(Santarelli, Raymond) |
| Filing 63 NOTICE by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas NOTICE CLARIFYING THE SCOPE OF PLAINTIFFS LEGAL CLAIM (Winebrake, Peter) |
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Filing 62
SCHEDULING ORDER: Dispositive Motions due by 8/21/2009.Signed by Honorable Thomas I. Vanaskie on 8/10/2009. (bg, )
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| Filing 61 NOTICE by Joseph Gallagher -- NOTICE OF SUBSTITUTION OF ESTATE OF ROBERT (Attachments: #1 Letter from Estate Administrator Michelle Lipinski)(Winebrake, Peter) |
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Filing 60
ORDER 1. All fact discovery on liability shall be completed by Wednesday, July 15, 2009. 2. Any dispositive motions, along with supporting briefs, shall be filed by Monday, August 17, 2009. 3. The above-captioned civil case has been placed on the October 2009 Trial List for a non-jury trial on liability only. Signed by Honorable Thomas I. Vanaskie on 6/1/09. (jfg)
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Filing 58
ORDER: Telephone Scheduling Conference set for 5/27/2009 09:00 AM in Scranton before Honorable Thomas I. Vanaskie. Discovery due by 5/29/2009.Signed by Honorable Thomas I. Vanaskie on 3/25/09. (jfg)
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| Filing 56 CERTIFICATE of Counsel by Raymond J. Santarelli on behalf of Lackawanna County (Santarelli, Raymond) |
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Filing 55
ORDER:1. All fact discovery regarding liability shall be completed no later than Tuesday, March 31, 2009. 2. A telephonic scheduling conference shall be held on Wednesday, March 25, 2009, at 9:00 a.m. Plaintiffs counsel is responsible for placing the call to (570) 207-5720, and all parties should be ready to proceed before the undersigned is contacted. 3. No discovery motion shall be filed until after the disputing parties have conferred with the Court in an effort to resolve the discovery dispute. The discovery conference with Signed by Honorable Thomas I. Vanaskie on 12/19/08. (jfg)
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Filing 53
ORDER: THAT a telephonic scheduling conference shall be held on Friday, December 19, 2008, at 9:00 a.m. Plaintiffs counsel is responsible for placing the call to (570) 207-5720, and all parties should be ready to proceed before the undersigned is contacted.Signed by Honorable Thomas I. Vanaskie on 10/31/08. (jfg)
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Filing 52
ORDER: 1. All fact discovery shall be completed no later than Monday, February 2, 2009. 2. A telephonic scheduling conference shall be held on Friday, October 31, 2008, at 10:00 a.m. Plaintiffs counsel is responsible for placing the call to (570) 207-5720, and all parties should be ready to proceed before the undersigned is contacted. 3. No discovery motion shall be filed until after the disputing parties have conferred with the Court in an effort to resolve the discovery dispute. The discovery conference with the Court may be conducted by telephone at the request of any of the disputing parties. Signed by Honorable Thomas I. Vanaskie on 9/4/08. (jfg)
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| Filing 50 NOTICE by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas -- Notice of Consent (Including Return Envelopes) of the Following Individuals to Become Party Plaintiffs Pursuant to 29 U.S.C. sec. 216(b): KEVIN R. CAVANAUGH; CORY JORDAN;THOMAS LEACH; ROBERT MAZZINO; JOHN MOSKWA; JAMES SLEBODNIK; JEFF STAFF; and ADAM TALIPSKI (Winebrake, Peter) |
| Filing 49 NOTICE by Joseph Gallagher of Consent of the Following Individuals to become Party plaintiffs Pursuant to 29 U.S.C. sec. 216(b) and Envelope: John Dodgson; Eric Dierks; Joshua Kilhullen; David Laguzzi; Robert M. Noldy; Benjamin R. Martin; Kevin P. McConlogue; Jean Pelucacci; Joseph Slebodnik; Paul Voglino (Santillo, R.) |
| Filing 48 NOTICE by Joseph Gallagher Consent of the Following Individuals to Become Party Plaintiffs Pursuant to 29 U.S.C. sec. 216(b): James Y. Bevan Jr.; Joseph Black; Justin Burlue; Robert Craig; Barry Craven; Fred DeRiggi; James Donly; Kathleen P. Fanning Schneider; Joseph Kearney; Robert Kurilla; Richard Loscombe; Christopher P. Maloney; Eugene Newhart; Rodney G. Osterstrom; Jason D. Posluszny; Daniel Robinson; William Shanley; Jason C. Talutto; James J. Walsh Jr.; Charles W. Wasko; Mike Zemantauski (Santillo, R.) |
| Filing 47 NOTICE by Joseph Gallagher of Consent of the Following Individuals to Become Party Plaintiffs Pursuant to 29 U.S.C. sec. 216(b): PAULA BONDY; ROBERT DUTKEVITCH; RAYMOND ECHALK JR.; JASON JERVIS; TOM LAGUZZI; RICHARD LEONORI; PHILLIP M. LOCKER; FRANK NAUMOVITZ; COLLEEN NEVEROSKI; RICHARD PITONIAK; JASON RATCHFORD; PATRICIA L. SHEA; MICHAEL SHIFFER; JOSEPH WYNNE JR. (Santillo, R.) |
| Filing 46 NOTICE of Appearance by Thomas J. Gilbride on behalf of all plaintiffs. (Attachments: #1 Declaration of Service)(Gilbride, Thomas) |
| Filing 45 NOTICE by Joseph Gallagher -- Notice of Consent of the Following Individuals to Become Party Plaintiffs Pursuant to 29 U.S.C. sec. 216(b): KEVIN DOLPHIN; MARK SEDLAK; ROBERT J. LISOWSKI; EDWARD WILLIAMS; BRIAN EVANS; PAUL ARMBRUSTER; ANDREA SANDROWICZ; JENNIFER POTTER; PETER ZELINSKI; ANTHONY BIELUCKE; FRANK BORGIA; MARK M. FUESHKO; JULIE KELLY; JOHN P. MAZUR; JONATHAN CONNOR (Santillo, R.) |
| Filing 44 NOTICE by Joseph Gallagher -- Notice of Consent of the Following Individuals to Become Party Plaintiffs Pursuant to 29 U.S.C. sec. 216(b): PATRICK L. CAPONE; ROISIN KENNEDY; JOHN KOLOSINSKY; MICHAEL MALLICK; ALLAN D. SIEBECKER; and COREY VRABEL (Winebrake, Peter) |
| Filing 43 NOTICE by Joseph Gallagher of Consent of the Following Four Individuals to become Party plaintiffs Pursuant to 29 U.S.C. sec. 216(b): MARTY ADDLEY; JEFFREY G. CONNOR; DANIEL GILLIGAN; THOMAS McCARTHY (Winebrake, Peter) |
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Filing 42
ORDER: Telephone Scheduling Conference previously scheduled for 8/28/08 at 9:30 a.m. has been rescheduled for 9/4/2008 01:00 PM in Scranton before Honorable Thomas I. Vanaskie. Atty Winebrake is responsible for placing the call. Signed by Honorable Thomas I. Vanaskie on 7/16/08. (jfg)
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| Filing 41 NOTICE by Joseph Gallagher of Notice of Consent of the Following Individuals to become Party Plaintiffs Pursuant to 29 U.S.C. sec. 216(b): ROBERT W. ACE; CHARLES BETRESS; GEORGE R. EFTHIMIOU; CHRISTOPHER P. FLAIM; JOSEPH LABORANTI; JOHN JOSEPH MAHER III; DAVID MOORE; JOHN SANKO; DANIELLE SOFCHAK; and ANTHONY YERKA (Winebrake, Peter) |
| Filing 40 NOTICE by Tammy Miller of Withdrawal as a Party Plaintiff (Attachments: #1 Certificate of Service, #2 Letter fr. Opt-In Plaintiff Tammy Miller to The Winebrake Law Firm)(Winebrake, Peter) |
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Filing 39
ORDER that: A Telephone Scheduling Conferene will be conducted on 8/28/08 at 9:30 a.m.; Signed by Honorable Thomas I. Vanaskie on 6/20/08. (kn, )
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Filing 37
ORDER granting #36 Motion for distribution to the conditionally certified FLSA Class. Pltfs counsel shall mail the notice package to the FLSA class as identified by deft within 5 business days of the entry of this order. Signed by Honorable Thomas I. Vanaskie on 6/16/08 (jfg)
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| Filing 36 Joint MOTION For Court Approval of the Notification Form by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Tammy Miller, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas. (Attachments: #1 Proposed Order, #2 Proposed Notice and Consent Forms)(Winebrake, Peter) |
| Filing 35 ANSWER to #1 Complaint with Affirmative Defenses by Lackawanna County.(Schilling, Kathryn) |
| Filing 34 NOTICE of Appearance by R. Andrew Santillo on behalf of all plaintiffs (Attachments: #1 Declaration of Service)(Santillo, R.) |
| Filing 33 MEMORANDUM AND ORDER denying #17 Motion to Dismiss; granting #18 Motion to Certify Class Signed by Honorable Thomas I. Vanaskie on 5/30/2008 (bg, ) |
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SCHEDULING ORDER: Telephone Scheduling Conference set for 6/20/2008 01:30 PM in Scranton before Honorable Thomas I. Vanaskie.Signed by Honorable Thomas I. Vanaskie on 5/30/2008. (bg, )
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| Filing 31 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Oral argument before Judge Vanaskie on 11/30/07. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 11/30/07. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) |
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Filing 30
ORDER: Oral Argument previously scheduled for 10/26/07 at 10:00 has been rescheduled to 11/30/2007 02:00 PM in Scranton before Honorable Thomas I. Vanaskie.Signed by Judge Thomas I. Vanaskie on 10/23/07. (jfg)
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Filing 29
ORDER: Oral Argument on pending motions set for 10/26/2007 10:00 AM in Scranton before Honorable Thomas I. Vanaskie.Signed by Judge Thomas I. Vanaskie on 9/7/07. (jfg)
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| Filing 28 REPLY BRIEF re #17 MOTION to Dismiss Plaintiffs' Collection Action Complaint; proposed Order; Certificate of Nonconcurrence and Certificate of Service and Certificate of Service filed by Lackawanna County.(Bronstein, Eric) |
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Filing 27
ORDER that the CMC previously scheduled for 8/24/07 at 1:30 p.m. has been rescheduled to 9/7/07 at 8:30 a.m. in Scranton, Pa. Signed by Judge Thomas I. Vanaskie on 8/22/07. (jfg)
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| Filing 26 CASE MANAGEMENT PLAN by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Tammy Miller, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas, Lackawanna County. (Winebrake, Peter) |
| Filing 25 REPLY BRIEF re #18 MOTION to Certify Class MOTION FOR CONDITIONAL CERTIFICATION PURSUANT TO 29 U.S.C. sec. 216(b) MOTION to Certify Class MOTION FOR CONDITIONAL CERTIFICATION PURSUANT TO 29 U.S.C. sec. 216(b) filed by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Tammy Miller, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas. (Attachments: #1 Declaration of Service#2 Agdipa v. Grant Joint Union High Sch. Dist., 2007 U.S. Dist. LEXIS 26506 (E.D. Cal. Apr. 10, 2007)#3 Aguilar v. Pilgrim's Pride Corp., 2007 U.S. Dist. LEXIS 29168 (N.D. Ala. Jan. 31, 2007)#4 Chabrier v. Wilmington Finance, Inc., 2006 U.S. Dist. LEXIS 90756 (E.D. Pa. Dec. 13, 2006)#5 Evans v. Lowe's Home Centers, Inc., 2004 U.S. Dist. LEXIS 15716 (M.D. Pa. June 17, 2004)#6 Fast v. Applebees Int'l, Inc., 2007 U.S. Dist. LEXIS 44365 (W.D. Mo. June 19, 2007)#7 Harris v. Healthcare Services Group, Inc., 2007 U.S. Dist. LEXIS 55221 (E.D. Pa. Jul. 31, 2007)#8 King v. Koch Foods of Mississippi, LLC, 2007 U.S. Dist. LEXIS 26746 (S.D. Miss. Apr. 10, 2007)#9 Rahman v. Cargill Meat Solutions Corp., 2006 U.S. Dist. LEXIS 57333 (M.D. Pa. Aug. 14, 2007))(Winebrake, Peter) |
| Filing 24 NOTICE by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Tammy Miller, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas re #22 Brief in Opposition, NOTICE OF SUPPLEMENTAL AUTHORITY IN FURTHER OPPOSITION TO DEFENDANT'S MOTION TO DISMISS (Attachments: #1)(Winebrake, Peter) |
| Filing 23 BRIEF IN OPPOSITION re #18 MOTION to Certify Class MOTION FOR CONDITIONAL CERTIFICATION PURSUANT TO 29 U.S.C. sec. 216(b) MOTION to Certify Class MOTION FOR CONDITIONAL CERTIFICATION PURSUANT TO 29 U.S.C. sec. 216(b) with Certificate of Service filed by Lackawanna County.(Bronstein, Eric) |
| Filing 22 BRIEF IN OPPOSITION re #17 MOTION to Dismiss Plaintiffs' Collection Action Complaint; proposed Order; Certificate of Nonconcurrence and Certificate of Service filed by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Tammy Miller, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas. (Attachments: #1 Declaration of Service)(Winebrake, Peter) |
| Filing 21 BRIEF IN SUPPORT Appendix in Support of the Brief to Defendant's Motion to Dismiss Plaintiffs' Collective Action Complaint re #17 MOTION to Dismiss Plaintiffs' Collection Action Complaint; proposed Order; Certificate of Nonconcurrence and Certificate of Service filed by Lackawanna County.(Bronstein, Eric) |
| Filing 20 BRIEF IN SUPPORT of Its Motion to Dismiss Plaintiff's Collective Action Complaint, Certificate of Compliance, and Certificate of Service re #17 MOTION to Dismiss Plaintiffs' Collection Action Complaint; proposed Order; Certificate of Nonconcurrence and Certificate of Service filed by Lackawanna County.(Bronstein, Eric) |
| Filing 19 BRIEF IN SUPPORT re #18 MOTION to Certify Class MOTION FOR CONDITIONAL CERTIFICATION PURSUANT TO 29 U.S.C. sec. 216(b) MOTION to Certify Class MOTION FOR CONDITIONAL CERTIFICATION PURSUANT TO 29 U.S.C. sec. 216(b) filed by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Tammy Miller, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas. (Attachments: #1 Department of Labor Advisory Mrmorandum 2006-1#2 Declaration of Service)(Winebrake, Peter) |
| Filing 18 MOTION to Certify Class MOTION FOR CONDITIONAL CERTIFICATION PURSUANT TO 29 U.S.C. sec. 216(b) by Paul DeSando, Victor Gowat, Michael Gulbin, Alan Hoffman, Joseph Gallagher, Tammy Miller, Shawn C Sayer, Dominick S. Trichilo, Eugene Widdick, Matthew Urbas. (Attachments: #1 Proposed Order #2 Certification of Non-Concurrence#3 Declaration of Service)(Winebrake, Peter) |
| Filing 17 MOTION to Dismiss Plaintiffs' Collection Action Complaint; proposed Order; Certificate of Nonconcurrence and Certificate of Service by Lackawanna County.(Bronstein, Eric) |
| Filing 16 NOTICE of Appearance by Kathryn M. Schilling on behalf of Lackawanna County (Schilling, Kathryn) |
| Filing 15 NOTICE of Appearance by Eric J. Bronstein on behalf of Lackawanna County (Bronstein, Eric) |
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Filing 14
ORDER: Case Management Conference set for 8/24/2007 01:30 PM in Scranton before Honorable Thomas I. Vanaskie.Signed by Judge Thomas I. Vanaskie on 7/10/07. (jfg)
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Filing 13
ORDER granting #12 Motion for Extension of Time to Answer. That deft's response to pltfs complt shall be filed on or before 7/13/07. Signed by Judge Thomas I. Vanaskie on 6/14/07 (jfg)
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| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint by Lackawanna County. (Attachments: #1 Proposed Order)(bg, ) |
| Filing 11 NOTICE by Eugene Widdick DECLARATION AND NOTICE OF CONSENT TO BECOME PARTY PLAINTIFF PURSUANT TO 29 U.S.C. sec. 216(b) (Winebrake, Peter) |
| Filing 10 NOTICE by Dominick S. Trichilo DECLARATION AND NOTICE OF CONSENT TO BECOME PARTY PLAINTIFF PURSUANT TO 29 U.S.C. sec. 216(b) (Winebrake, Peter) |
| Filing 9 NOTICE by Sayer C. Shaun DECLARATION AND NOTICE OF CONSENT TO BECOME PARTY PLAINTIFF PURSUANT TO 29 U.S.C. sec. 216(b) (Winebrake, Peter) |
| Filing 8 NOTICE by Tammy Miller DECLARATION AND NOTICE OF CONSENT TO BECOME PARTY PLAINTIFF PURSUANT TO 29 U.S.C. sec. 216(b) (Winebrake, Peter) |
| Filing 7 NOTICE by Alan Hoffman DECLARATION AND NOTICE OF CONSENT TO BECOME PARTY PLAINTIFF PURSUANT TO 29 U.S.C. sec. 216(b) (Winebrake, Peter) |
| Filing 6 NOTICE by Michael Gulbin DECLARATION AND NOTICE OF CONSENT TO BECOME PARTY PLAINTIFF PURSUANT TO 29 U.S.C. sec. 216(b) (Winebrake, Peter) |
| Filing 5 NOTICE by Victor Gowat DECLARATION AND NOTICE OF CONSENT TO BECOME PARTY PLAINTIFF PURSUANT TO 29 U.S.C. sec. 216(b) (Winebrake, Peter) |
| Filing 4 NOTICE by Paul DeSando DECLARATION AND NOTICE OF CONSENT TO BECOME PARTY PLAINTIFF PURSUANT TO 29 U.S.C. sec. 216(b) (Winebrake, Peter) |
| Filing 3 SUMMONS Returned Executed by Joseph Gallagher, Matthew Urbas. Lackawanna County served on 5/24/2007, answer due 6/13/2007. (Winebrake, Peter) |
| Filing 2 LETTER - The above referenced actin has been assigned to me. To ensure that the CMC is conducted in a timely manner, you are directed to file a written report within 30 days as to whether service has been effected or a waiver of service obtained. Signed by Judge Thomas I. Vanaskie on 5/22/07. (jfg) |
| Filing 1 COMPLAINT against Lackawanna County ( Filing fee $350, Receipt Number 1034374), filed by Joseph Gallagher, Matthew Urbas. (Attachments: #1 Civil Cover Sheet #2 Concent to be a Party Plaintiff)(ch, ) |
| Summons Issued as to Lackawanna County and provided to Attorney Peter Winebrake for service on Defendant(s). (ch, ) |
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