STEWART v. GAUDIN
Plaintiff: R. ALEXANDER ACOSTA, EUGENE SCALIA, MILTON AL STEWART and JULIE A SU
Defendant: HOLLAND ACQUISITIONS, INC. a corporation doing business as HOLLAND SERVICES and BRYAN GAUDIN individually, and as a Corporate Officer of HOLLAND ACQUISITIONS, INC., D/B/A HOLLAND SERVICES
Intervenor Defendant: ROBERT GAUDIN
Case Number: 2:2015cv01094
Filed: August 20, 2015
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: Washington
Presiding Judge: Mark R Hornak
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2023 Opinion or Order Filing 304 ORDER GRANTING #296 Motion to Partially Strike One Argument from Bryan Gaudin's Motion for Summary Judgment. Signed by Chief Judge Mark R. Hornak on 3/23/23. (jad)
March 17, 2022 Opinion or Order Filing 303 REPLY to Response to Motion re #297 Brief in Opposition re #289 Motion for Summary Judgment, #300 Reply Brief re #283 Motion for Summary Judgment filed by BRYAN GAUDIN. (Passarelli, Mariah) Modified text on 3/18/2022 to change document linkage. (kss)
March 4, 2022 Opinion or Order Filing 302 ORDER GRANTING #299 MOTION for Leave to File Documents Under Seal. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Chief Judge Mark R. Hornak on 3/4/22. (jad)
March 4, 2022 Opinion or Order Filing 301 RESPONSE to #291 Concise Statement of Material Facts, filed by MARTIN J. WALSH. (Luby, Andrea)
March 4, 2022 Opinion or Order Filing 300 REPLY BRIEF re #283 Motion for Summary Judgment, filed by MARTIN J. WALSH. (Attachments: #1 Exhibit BB Summary of Business Records) (Luby, Andrea)
March 4, 2022 Opinion or Order Filing 299 Unopposed MOTION for Leave to File Documents Under Seal by MARTIN J. WALSH. (Attachments: #1 Proposed Order) (Luby, Andrea)
March 4, 2022 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #298 Brief in Opposition to Motion. ERRORS: Typed name omitted by s/. Wrong event selected. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Response (other) and link to ECF #291 Concise Statement of Facts. This message is for informational purposes only. (kss)
March 3, 2022 Opinion or Order Filing 298 BRIEF in Opposition re #289 Motion for Summary Judgment Response to Statement of Facts filed by MARTIN J. WALSH. (Luby, Andrea) Document removed from public view and refiled at #301 . Modified text on 3/4/2022. (kss)
March 3, 2022 Opinion or Order Filing 297 BRIEF in Opposition re #289 Motion for Summary Judgment by Bryan Gaudin filed by MARTIN J. WALSH. (Attachments: #1 Proposed Order) (Luby, Andrea)
March 3, 2022 Opinion or Order Filing 296 Partial MOTION to Strike One Argument from Gaudin's #289 Motion for Summary Judgment by BRYAN GAUDIN. (Attachments: #1 Proposed Order) (Passarelli, Mariah) Modified text on 3/4/2022 to add document linkage. (kss)
February 16, 2022 Opinion or Order Filing 295 ORDER GRANTING #294 Motion for Extension of Time to File Response/Reply. The deadline for the Secretary to file his reply in support of his motion for summary judgment is hereby EXTENDED to 3/4/22. Signed by Chief Judge Mark R. Hornak on 2/16/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
February 16, 2022 Opinion or Order Filing 294 Unopposed MOTION for Extension of Time to File Response/Reply as to #292 Response to Motion for Summary Judgment by MARTIN J. WALSH. (Attachments: #1 Proposed Order) (Luby, Andrea)
February 4, 2022 Opinion or Order Filing 293 RESPONSE to #288 Concise Statement of Material Facts, filed by BRYAN GAUDIN. (Attachments: #1 Exhibit 1 Gaudin Deposition Transcript Pages, #2 Exhibit 2 Smith Deposition Transcript Pages, #3 Exhibit 3 Bremer Deposition Transcript Pages) (Passarelli, Mariah)
February 4, 2022 Opinion or Order Filing 292 RESPONSE in Opposition to Motion re #283 MOTION for Summary Judgment Against Defendant Bryan Gaudin filed by BRYAN GAUDIN. (Attachments: #1 Proposed Order) (Passarelli, Mariah) Modified text on 2/7/2022. (lar)
February 1, 2022 Opinion or Order Filing 291 CONCISE STATEMENT OF MATERIAL FACTS re #289 Motion for Summary Judgment by BRYAN GAUDIN. (Attachments: #1 Exhibit Gaudin Declaration, #2 Gaudin Deposition Transcript Pages) (Passarelli, Mariah)
February 1, 2022 Opinion or Order Filing 290 BRIEF in Support re #289 Motion for Summary Judgment filed by BRYAN GAUDIN. (Passarelli, Mariah)
February 1, 2022 Opinion or Order Filing 289 MOTION for Summary Judgment by BRYAN GAUDIN. (Attachments: #1 Proposed Order) (Passarelli, Mariah)
January 24, 2022 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #283 Motion for Summary Judgment. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Concise Statement of Material Facts. This message is for informational purposes only. (kss)
January 10, 2022 Opinion or Order Filing 287 Proposed Order re #283 Motion for Summary Judgment, by MARTIN J. WALSH. (Luby, Andrea)
January 10, 2022 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #283 Motion for Summary Judgment. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion. This message is for informational purposes only. (kss)
January 6, 2022 Opinion or Order Filing 288 CONCISE STATEMENT OF MATERIAL FACTS re #283 Motion for Summary Judgment, by MARTIN J. WALSH. (kss)
January 6, 2022 Opinion or Order Filing 286 BRIEF in Support re #283 Motion for Summary Judgment filed by MARTIN J. WALSH. (kss)
January 6, 2022 Opinion or Order Filing 285 APPENDIX in Support of #283 MOTION for Summary Judgment Against Defendant Bryan Gaudin Appendix of Exhibits Part 2 filed by MARTIN J. WALSH. (Attachments: #1 Exhibit O New Hire Packet Part 1, #2 Exhibit O2 New Hire Packet Part 2, #3 Exhibit O3 New Hire Packet Part 3, #4 Exhibit O4 New Hire Packet Part 4, #5 Exhibit P Search Policy, #6 Exhibit Q Dress Code, #7 Exhibit R Weather Policy, #8 Exhibit S Sample Weekly Progress Reports, #9 Exhibit S2 Sample Weekly Progress Reports Part 2, #10 Exhibit S3 Sample Weekly Progress Reports Part 3, #11 Exhibit S4 Sample Weekly Progress Reports Part 4, #12 Exhibit T Time and Weekly Update, #13 Exhibit U Telework Disfavored Email, #14 Exhibit V Billable Time Email, #15 Exhibit W Recorders Office Email, #16 Exhibit X Professionalism Email, #17 Exhibit Y Second Professionalism Email, #18 Exhibit Z Affidavit of Daniel Doherty, #19 Exhibit AA1 Employee Statements, #20 Exhibit AA2 Employee Statements, #21 Exhibit AA3 Employee Statements, #22 Exhibit AA4 Employee Statements, #23 Exhibit AA5 Employee Statements, #24 Exhibit AA6 Employee Statements, #25 Exhibit AA7 Employee Statements, #26 Exhibit AA8 Employee Statements) (Luby, Andrea) Modified text on 1/10/2022 to correct event. (kss)
January 6, 2022 Opinion or Order Filing 284 APPENDIX in Support of #283 MOTION for Summary Judgment Against Defendant Bryan Gaudin Appendix of Exhibits filed by MARTIN J. WALSH. (Attachments: #1 Exhibit A Deposition of Defendant Hollands 30(b)(6)representative, Taylor Gregg, #2 Exhibit B Deposition of Defendant Bryan Gaudin, #3 Exhibit C Abstract Search Guidelines, #4 Exhibit D Runsheet Guidelines, #5 Exhibit E Deposition of Taylor Gregg, #6 Exhibit F Defendant Holland's Supplemental Response to Interrogatory 1, #7 Exhibit G Holland's Supplemental Admissions, #8 Exhibit H Gaudin Admissions, #9 Exhibit I Summary of Holland Documents Identifying Landmen's Job Titles, #10 Exhibit J Deposition of Aaron Smith, #11 Exhibit K Deposition of Kathleen Bremer, #12 Exhibit L Deposition of Lou Clark, #13 Exhibit M Holland Timesheet, #14 Exhibit N-1 Contractor Services Agreement Part 1, #15 Exhibit N-2 Contractor Services Agreement Part 2, #16 Exhibit N-3 Contractor Services Agreement Part 3) (Luby, Andrea) Modified text on 1/10/2022 to correct event. (kss)
January 6, 2022 Opinion or Order Filing 283 MOTION for Summary Judgment Against Defendant Bryan Gaudin by MARTIN J. WALSH. (Attachments: #1 Statement of Undisputed Material Facts, #2 Memorandum In Support of Motion) (Luby, Andrea) Statement of Undisputed Material Facts removed from public view as and refiled at #288 . Memorandum In Support of Motion removed from public view and refiled at #286 . Modified text on 1/10/2022. (kss) Modified text on 1/24/2022. (kss)
December 14, 2021 Opinion or Order Filing 282 ORDER. It is hereby ORDERED that all Summary Judgment motions shall be filed by 2/1/22. Signed by Chief Judge Mark R. Hornak on 12/14/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
December 13, 2021 Opinion or Order Filing 281 JOINT STATUS REPORT by BRYAN GAUDIN, MILTON AL STEWART, MARTIN J. WALSH. (kss)
December 13, 2021 Opinion or Order Filing 280 ORDER GRANTING #279 Motion to File Joint Status Report Out of Time. The Joint Status Report is deemed filed on 12/13/21. Signed by Chief Judge Mark R. Hornak on 12/13/21. (jad)
December 13, 2021 Opinion or Order Filing 279 Unopposed MOTION for Leave to File Joint Status Report Out of Time by MARTIN J. WALSH. (Attachments: #1 Exhibit A: Status Report, #2 Proposed Order) (Luby, Andrea)
November 5, 2021 Opinion or Order Filing 278 ORDER ACCEPTING #277 Notice Joint Status Report. It is further ORDERED that on or before 12/10/21 counsel shall file a further Joint Status Report. The Court will then enter further Orders thereafter as may be appropriate. Signed by Chief Judge Mark R. Hornak on 11/5/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
November 4, 2021 Opinion or Order Filing 277 NOTICE Joint Status Report by MARTIN J. WALSH (Luby, Andrea)
October 1, 2021 Opinion or Order Filing 276 Errata re #273 Order on Motion to Approve Consent Judgment. Reason for Correction: To add "Schedule A" as an attachment. (Attachments: #1 Schedule A) (bdb)
October 1, 2021 Opinion or Order Filing 275 ORDER. It is hereby ORDERED that this matter is hereby STAYED and administratively CLOSED, without prejudice to any party. It is further ORDERED that counsel for the remaining parties shall meet and confer and file a Joint Status Report by 11/4/21. And it is further ORDERED that as to any Motion(s) for Summary Judgment that is filed, the non-moving party shall file any Response within thirty (30) days of the filing of said motion. Any Reply from the moving party shall be filed within fourteen (14) days of the filing of any Response. Signed by Chief Judge Mark R. Hornak on 10/1/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
October 1, 2021 Opinion or Order Filing 274 ORDER GRANTING #266 Motion to Withdraw as Attorney. Attorney Richard L. Etter terminated. Signed by Chief Judge Mark R. Hornak on 10/1/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
October 1, 2021 Opinion or Order Filing 273 ORDER GRANTING #268 Motion to Approve Consent Judgment. It is hereby ORDERED that Holland, its officers, agents, servants, and all persons acting or claiming to act on its behalf and interest be, and they hereby are, permanently enjoined and restrained from violating the provisions of Sections 6, 7, 11(c), and 15 of the Fair Labor Standards Act, in any manner, as set forth herein. Signed by Chief Judge Mark R. Hornak on 10/1/21. (bdb) Document removed from public view and refiled as an Errata at #276 . Modified text on 10/4/2021. (kss)
October 1, 2021 Opinion or Order Filing 272 Errata re #271 Telephonic Status Conference Reason for Correction: Wrong document was attached. (jad)
October 1, 2021 Opinion or Order Filing 271 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 10/1/21. (Court Reporter: Sharon Siatkowski) (jad) Document removed from public view and refiled as an Errata at #272 . Modified text on 10/1/2021. (kss)
September 29, 2021 Opinion or Order Filing 270 SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 10/1/21 at 11:30 AM before Chief Judge Mark R. Hornak. Attorney Etter and Attorney Klauder are both directed to participate. Attorney Etter is further directed to provide notice of this Order to Attorney Klauder. Please refer to #173 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 2 for this conference. Signed by Chief Judge Mark R. Hornak on 9/29/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
September 29, 2021 Opinion or Order Filing 269 ORDER. In light of the filing of #268 Motion for Consent Judgment, it is hereby ORDERED that #240 Motion for Default; and, #243 Motion to Compel Discovery, are hereby DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Mark R. Hornak on 9/29/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
September 28, 2021 Opinion or Order Filing 268 MOTION to Approve Consent Judgment by MARTIN J. WALSH. (Attachments: #1 Proposed Order Consent Judgment, #2 Exhibit Schedule A) (Luby, Andrea)
September 16, 2021 Opinion or Order Filing 267 ORDER. Mr. Etter is directed to file an amended notice identifying the attorney that will enter their appearance in this case. Signed by Chief Judge Mark R. Hornak on 9/16/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
September 15, 2021 Opinion or Order Filing 266 MOTION to Withdraw as Attorney by HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Etter, Richard)
April 22, 2021 Opinion or Order Filing 265 ORDER GRANTING #264 Motion to Withdraw #258 Motion to Withdraw as Attorney. It is hereby ORDERED that #258 Motion to Withdraw is hereby WITHDRAWN. Signed by Chief Judge Mark R. Hornak on 4/22/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
April 20, 2021 Opinion or Order Filing 264 MOTION to Withdraw #258 MOTION to Withdraw as Attorney by HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Etter, Richard)
April 14, 2021 Opinion or Order Filing 263 ORDER GRANTING #259 Motion to Withdraw as Attorney. Attorney Richard L. Etter terminated. Signed by Chief Judge Mark R. Hornak on 4/14/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
April 13, 2021 Opinion or Order Filing 262 RESPONSE to Motion re #259 MOTION to Withdraw as Attorney , #258 MOTION to Withdraw as Attorney filed by MARTIN J. WALSH. (Luby, Andrea)
April 7, 2021 Opinion or Order Filing 261 NOTICE of Appearance by Mariah L Passarelli on behalf of BRYAN GAUDIN. (Passarelli, Mariah)
April 7, 2021 Opinion or Order Filing 260 ORDER. On or before 4/13/21, counsel shall respond to #258 Motion to Withdraw as Attorney; and, #259 Motion to Withdraw as Attorney. Signed by Chief Judge Mark R. Hornak on 4/7/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
April 6, 2021 Opinion or Order Filing 259 MOTION to Withdraw as Attorney by BRYAN GAUDIN. (Attachments: #1 Proposed Order) (Etter, Richard)
April 6, 2021 Opinion or Order Filing 258 MOTION to Withdraw as Attorney by HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Etter, Richard)
March 18, 2021 Opinion or Order Filing 257 ORDER. In light of the Court's Opinion [ECF No. #255 ] and Order [ECF No. #256 ], the Court hereby DENIES WITHOUT PREJUDICE the Secretary's Motion for Leave to File Response at ECF No. #254 . Signed by Chief Judge Mark R. Hornak on 3/18/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
March 18, 2021 Opinion or Order Filing 256 ORDER. For the reasons stated in the Court's Opinion of this date, Defendants' Suggestion of Bankruptcy (ECF No. #250 ) is DENIED. The action shall proceed in due course in this Court. Signed by Chief Judge Mark R. Hornak on 3/18/21. (jad)
March 18, 2021 Opinion or Order Filing 255 OPINION. Signed by Chief Judge Mark R. Hornak on 3/18/21. (jad)
March 18, 2021 Opinion or Order Filing 254 MOTION for Leave to File Response to Defendants' Statement of Position Regarding the Impact of Holland Acquisitions, Inc.'s Suggestion of Bankruptcy by MILTON AL STEWART. (Attachments: #1 Exhibit Response to Suggestion of Bankruptcy, #2 Proposed Order) (Luby, Andrea)
February 23, 2021 Opinion or Order Filing 253 BRIEF in Support of #250 Suggestion of Bankruptcy filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Etter, Richard)
February 18, 2021 Opinion or Order Filing 252 BRIEF in Opposition to #250 Suggestion of Bankruptcy, 251 Order,, Statement of Position Regarding Suggestion of Bankruptcy and Objection to Stay filed by MILTON AL STEWART. (Luby, Andrea)
February 8, 2021 Opinion or Order Filing 251 ORDER. On or before 2/23/21, counsel are directed to file statements of position as to what they believe the impact, if any, is of #250 Suggestion of Bankruptcy on the proceedings in this court. Signed by Chief Judge Mark R. Hornak on 2/8/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
February 8, 2021 Opinion or Order Filing 250 SUGGESTION OF BANKRUPTCY as to Holland Acquisitions, Inc. by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Etter, Richard)
December 16, 2020 Opinion or Order Filing 249 NOTICE Joint Notice of Unresolved Discovery Issues by EUGENE SCALIA re 239 Order,,,, Set Deadlines,,, (Luby, Andrea)
December 15, 2020 Opinion or Order Filing 248 REPLY BRIEF re #243 Motion to Compel Discovery filed by EUGENE SCALIA. (Luby, Andrea)
December 15, 2020 Opinion or Order Filing 247 REPLY BRIEF re #240 Motion for Default and Default Judgment, #242 Errata Motion for Default and Default Judgment Against Defendant Holland Acquisitions filed by EUGENE SCALIA. (Luby, Andrea)
December 8, 2020 Opinion or Order Filing 246 BRIEF in Opposition re #243 Motion to Compel Discovery filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Exhibit A, #2 Proposed Order) (Etter, Richard)
December 8, 2020 Opinion or Order Filing 245 BRIEF in Opposition re #240 Motion for Default and Default Judgment, filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Etter, Richard)
November 20, 2020 Opinion or Order Filing 244 BRIEF in Support re #243 Motion to Compel filed by EUGENE SCALIA. (Luby, Andrea)
November 20, 2020 Opinion or Order Filing 243 MOTION to Compel Discovery by EUGENE SCALIA. (Attachments: #1 Proposed Order) (Luby, Andrea)
November 20, 2020 Opinion or Order Filing 242 Errata re #240 Motion for Default and Default Judgment Corrected Motion for Default by EUGENE SCALIA. Reason for Correction: Motion (Doc 240) filed in error. (Luby, Andrea)
November 19, 2020 Opinion or Order Filing 241 BRIEF in Support re #240 Motion for Default and Default Judgment filed by EUGENE SCALIA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit E-1, #7 Exhibit E-2, #8 Exhibit E-3) (Luby, Andrea)
November 19, 2020 Opinion or Order Filing 240 MOTION for DEFAULT and DEFAULT JUDGMENT against BRYAN GAUDIN, by EUGENE SCALIA. (Attachments: #1 Proposed Order, #2 Proposed Order Exhibit A to Proposed Order) (Luby, Andrea) Modified on 11/20/2020 to remove from public view main document since attorney corrected at #242 Errata re #240 Motion for Default and Default Judgment Corrected Motion for Default, Reason for Correction: Motion (Doc #240 ) filed in error (jv).
November 17, 2020 Opinion or Order Filing 239 ORDER. As discussed during the Telephone Status Conference of this date, counsel for the Plaintiff shall file its motion for default judgment against Defendant Holland Acquisitions, Inc. as well as its motion to schedule/compel a Fed. R. Civ. P. 30(b)(6) deposition, as discussed, on or before Friday, November 20, 2020. Counsel for Defendant shall file a Response(s) to any motion(s) filed on or before Tuesday, December 8, 2020. On or before Wednesday, December 16, 2020, counsel shall confer and file a Notice on the docket with a precise statement as to any discovery issues, as outlined in ECF Nos. 220 and 221 and discussed during the Oral Argument held on March 17, 2020, that now require resolution by the Court. Signed by Chief Judge Mark R. Hornak on 11/17/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
November 17, 2020 Opinion or Order Filing 238 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 11/17/20. (Court Reporter: Barbara Leo) (jad)
November 13, 2020 Opinion or Order Filing 237 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 11/17/20 at 10:30 AM before Chief Judge Mark R. Hornak. Please refer to #173 AT&T Notice and use dial-in no. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 11/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
October 23, 2020 Opinion or Order Filing 236 NOTICE of Change of Address by Richard L. Etter (Etter, Richard)
October 2, 2020 Opinion or Order Filing 235 ORDER ACCEPTING #234 . On or before 11/1/20, counsel shall file a Joint Status Report as to the current status of this action. Signed by Chief Judge Mark R. Hornak on 10/2/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
September 30, 2020 Opinion or Order Filing 234 STATUS REPORT Joint Status Report by R. ALEXANDER ACOSTA. (Luby, Andrea)
September 1, 2020 Opinion or Order Filing 233 ORDER. Without prejudice to either party's position (substantively or procedurally) in the case, it is hereby ORDERED that counsel shall confer on the matters discussed during the Telephonic Status Conference held on 8/31/2020. On or before 9/30/2020, counsel shall either file a joint status report informing the Court as to next steps or request a Telephonic Status Conference. If there are developments regarding any matter that requires the attention of the Court sooner, counsel for Plaintiff or Defendant shall inform the Court. Signed by Chief Judge Mark R. Hornak on 9/1/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
September 1, 2020 Opinion or Order Filing 232 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 8/31/20. (Court Reporter: Noreen Re) (jad)
August 30, 2020 Opinion or Order Filing 231 ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for 8/31/20 at 1:30 PM is hereby RESCHEDULED for 8/31/20 at 4:00 PM before Chief Judge Mark R. Hornak. Please refer to #173 AT&T Scheduling Notice and use dial-in no. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 8/30/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
August 28, 2020 Opinion or Order Filing 230 SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 8/31/20 at 1:30 PM before Chief Judge Mark R. Hornak. Please refer to #173 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 8/28/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
August 28, 2020 Opinion or Order Filing 229 ORDER GRANTING #228 Motion to Withdraw as Attorney. Attorney Susan N. Eisenberg is terminated. Signed by Chief Judge Mark R. Hornak on 8/28/20. (jad)
August 26, 2020 Opinion or Order Filing 228 Unopposed MOTION to Withdraw as Attorney by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Eisenberg, Susan)
August 5, 2020 Opinion or Order Filing 227 ORDER GRANTING #226 Motion to Withdraw as Attorney. Attorney David J. Drez, III and Jacob T. Fain terminated. Signed by Chief Judge Mark R. Hornak on 8/5/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
August 4, 2020 Opinion or Order Filing 226 Unopposed MOTION to Withdraw as Attorney by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Drez, David)
May 17, 2020 Opinion or Order FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
April 26, 2020 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)
March 28, 2020 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)
March 17, 2020 Opinion or Order Filing 225 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Oral Argument held on 3/17/20. (Court Reporter: Deborah Rowe) (jad)
March 16, 2020 Opinion or Order Filing 224 ORDER Regarding Telephone Oral Argument. The Court is prepared and ready to proceed with the telephonic oral argument on March 17, 2020 at 1:30 pm. But, the Court also is not aware of the work situation of counsel, which may involve difficulties with that proceeding. The Court will assume that we are on for tomorrow, but should any counsel need to continue the argument, they should simply file a notice of such on the docket not later than 11:00 am March 17, 2020, and the anticipated period for which they would not be able to so proceed, and the Court will act accordingly. Signed by Chief Judge Mark R. Hornak on 03/16/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
March 13, 2020 Opinion or Order Filing 223 SCHEDULING ORDER. The Telephonic Oral Argument in this matter is hereby RESCHEDULED for 3/17/20 at 1:30 PM before Chief Judge Mark R. Hornak. Please refer to #173 AT&T Scheduling Notice and use dial-in no. 1. Signed by Chief Judge Mark R. Hornak on 3/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
March 13, 2020 Opinion or Order Filing 222 ORDER. The telephonic oral argument scheduled for 3/13/2020 is hereby continued. The Court will promptly reschedule the telephonic oral argument by further Order. Signed by Chief Judge Mark R. Hornak on 03/13/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tap)
March 11, 2020 Opinion or Order Filing 221 NOTICE by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. re 220 Order, (Etter, Richard)
March 6, 2020 Opinion or Order Filing 220 NOTICE. For the telephonic oral argument scheduled for 3/13/2020 it appears to the Court that the following issues as detailed in ECF Nos. 206 and 209 remain open: First, Defendant's response to Interrogatory 1---DOL seeks an Order for Defendant to identify job duties for all workers during the relevant timeframe. Defendant argues that its prior response was sufficient. Second, DOL's position that Defendant's records produced in discovery are by definition non-hearsay under FRE 801(d)(2). Third, Defendant's request for employee statements---DOL argues that it already provided redacted copies of employee interviews. Defendant appears to contest whether DOL provided the employee statements and/or whether DOL properly redacted what it has provided. Fourth, Defendant's request for solicitation emails to employees who did not respond to DOL's letter---DOL argues these are irrelevant, work product, and/or covered by the informer's privilege. Defendant argues they are not covered by the privilege and DOL waived the relevance and work product objections. If any party believes there are additional issues that the Court needs to cover during the telephonic oral argument, or that any of the above are no longer before the Court for discussion, that party shall file a notice on the docket no later than 3/11/2020 briefly summarizing the additional issue and/or directing the Court to that issues inclusion in ECF Nos. 206 or 209. Signed by Chief Judge Mark R. Hornak on 3/6/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tap)
February 12, 2020 Opinion or Order Filing 219 ORDER GRANTING #218 Unopposed Motion to Continue Telephonic Oral Argument. The Oral Argument set for 3/3/20 at 3:00 PM is hereby CONTINUED to 3/13/20 at 1:30 PM in Courtroom 6A before Chief Judge Mark R. Hornak. Please refer to #173 AT&T Scheduling Notice and use dial-in no. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 2/12/20. (bdb)
February 11, 2020 Opinion or Order Filing 218 Unopposed MOTION to Continue Telephonic Oral Argument by R. ALEXANDER ACOSTA. (Attachments: #1 Proposed Order) (Luby, Andrea)
February 6, 2020 Opinion or Order Filing 217 SCHEDULING ORDER. A Telephonic Oral Argument is hereby SCHEDULED for 3/3/20 at 3:00 PM before Chief Judge Mark R. Hornak. Counsel shall be prepared to address the issues raised in #206 Brief in support; and, #209 Brief in support. The Court will conduct the call via an AT&T dial-in number. Please refer to #173 AT&T Scheduling Notice and use dial-in no. 1 for this proceeding. Signed by Chief Judge Mark R. Hornak on 2/6/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 27, 2020 Opinion or Order Filing 216 JOINT STATUS REPORT by R. ALEXANDER ACOSTA. (Luby, Andrea)
January 13, 2020 Opinion or Order Filing 215 STATUS REPORT ORDER. On or before 1/27/20, counsel shall confer and file a Joint Status Report. Signed by Chief Judge Mark R. Hornak on 1/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
August 25, 2019 Opinion or Order Filing 214 ORDER denying #207 Motion to Compel Discovery. The Motion is denied without prejudice to its reassertion with leave of Court, for the reasons stated at 213 . Signed by Chief Judge Mark R. Hornak on 08/25/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
August 25, 2019 Opinion or Order Filing 213 ORDER granting #210 Motion to Strike. The Plaintiffs Motion to Strike the Defendants Motion to Compel #207 is granted as follows, and the Motion to Compel is denied without prejudice to its reassertion with leave of Court, after the Court considers the statements of position filed by the parties as to open discovery disputes. The Motion is granted in that the Motion to Compel is non-compliant with the Courts Order in conjunction with the immediate past discovery conference. Signed by Chief Judge Mark R. Hornak on 08/25/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
August 21, 2019 Opinion or Order Filing 212 REPLY BRIEF re #207 Motion to Compel, #210 Response to Motion, filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Etter, Richard)
August 15, 2019 Opinion or Order Filing 211 Proposed Order re Motion to Strike by R. ALEXANDER ACOSTA. (Luby, Andrea)
August 15, 2019 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #210 Brief in Opposition to Motion. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (ept)
August 15, 2019 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #210 Brief in Opposition to Motion. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Motion to Strike. This message is for informational purposes only. (ept)
August 14, 2019 Opinion or Order w/ #210 MOTION to Strike #207 MOTION to Compel Unredacted Interview Summaries and Questionnaires by R. ALEXANDER ACOSTA. (ept)
August 14, 2019 Opinion or Order Filing 210 BRIEF IN OPPOSITION re #207 MOTION to Compel Unredacted Interview Summaries and Questionnaires filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit 1 Email to Misclassified Employees, #2 Exhibit 2 Email Concerning Duplicate Statements, #3 Exhibit 2 Attached Chart) (Luby, Andrea) Modified text on 8/15/2019 to correct title of event selected. (ept)
August 7, 2019 Opinion or Order Filing 209 BRIEF IN SUPPORTDefendants' Memorandum On Remaining Discovery Disputes filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Etter, Richard) Modified text on 8/8/2019 to correct title of event selected. (ept)
August 7, 2019 Opinion or Order Filing 208 BRIEF in Support re #207 Motion to Compel filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Etter, Richard)
August 7, 2019 Opinion or Order Filing 207 MOTION to Compel Unredacted Interview Summaries and Questionnaires by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Etter, Richard)
August 7, 2019 Opinion or Order Filing 206 BRIEF in SupportPlaintiff's Memorandum on Remaining Discovery Disputes to 200 Order, filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit Holland's supplemental response to interrogotory 1, #2 Exhibit Index of redacted employee statements produced by Plaintiff) (Luby, Andrea) Modified text on 8/8/2019 to correct title of event selected. (ept)
August 7, 2019 Opinion or Order Filing 205 BRIEF in Support of 200 Order, Plaintiff's Memorandum Concerning Informers' Privilege filed by R. ALEXANDER ACOSTA. (Attachments: #1 Affidavit Declaration in support of formal claim of privilege, #2 Exhibit Email from confidential informer, #3 Exhibit Motion in Limine in American Future Systems case) (Luby, Andrea)
July 22, 2019 Opinion or Order Filing 204 ORDER GRANTING #203 Motion to Extend Time for Post-Discovery Memoranda. The parties may file their memoranda on outstanding discovery and informers' privilege by 8/7/19. Signed by Chief Judge Mark R. Hornak on 7/22/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
July 19, 2019 Opinion or Order Filing 203 Unopposed MOTION to Extend Time to August 7, 2019 by R. ALEXANDER ACOSTA. (Attachments: #1 Proposed Order) (Luby, Andrea)
July 9, 2019 Opinion or Order Filing 202 ORDER GRANTING #201 Joint Motion for Extension of Time to File Post-Discovery Memoranda. The parties may file their memoranda on outstanding discovery disputes and informer's privilege issues on or before 7/22/19. Signed by Chief Judge Mark R. Hornak on 7/9/19. (jad)
July 9, 2019 Opinion or Order Filing 201 Joint MOTION for Extension of Time to File Post-Discovery Memoranda by R. ALEXANDER ACOSTA. (Attachments: #1 Proposed Order) (Luby, Andrea)
June 13, 2019 Opinion or Order Filing 200 ORDER. The parties shall meet and confer as to outstanding discovery on or before 6/21/19. If any disputes are not resolved following the meet and confer, the parties shall each file a memorandum not to exceed fifteen (15) pages laying out the dispute(s) and the partys position(s). Each party may file an additional five (5) page memorandum addressing the Informants Privilege if that issue remains unresolved. Such memoranda shall be filed on or before 07/09/2019. Signed by Chief Judge Mark R. Hornak on 06/13/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav)
June 13, 2019 Opinion or Order Filing 199 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Post-Discovery Status Conference held on 6/13/19. (Court Reporter: Karen Earley) (jad)
June 6, 2019 Opinion or Order Filing 198 ORDER RESCHEDULING CONFERENCE. Due to a matter on the Court's criminal docket, the Telephonic Post-Discovery Status Conference set for 6/13/19 at 9:30 AM is hereby RESCHEDULED for 6/13/19 at 9:00 AM before Chief Judge Mark R. Hornak. Signed by Chief Judge Mark R. Hornak on 6/6/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
April 30, 2019 Opinion or Order Filing 197 ORDER GRANTING #196 Motion for Extension of Time to Complete Discovery. Fact discovery due 6/24/19; Plaintiff's expert reports shall be produced on or before 7/22/19; Defendants' expert reports shall be produced on or before 8/20/19; Plaintiff's rebuttal expert report(s) shall be produced on or before 9/3/19. Defendant shall depose Plaintiff's expert on or before 9/20/19; Plaintiff shall depose Defendants' expert on or before 10/4/19. A Post-Discovery Status Conference is hereby SCHEDULED for 6/13/19 at 9:30 AM before Chief Judge Mark R. Hornak. Please refer to #173 AT&T Scheduling Notice and use dial-in no. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 4/30/19. (bdb)
April 26, 2019 Opinion or Order Filing 196 Unopposed MOTION for Extension of Time to Complete Discovery by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Etter, Richard)
January 16, 2019 Opinion or Order Filing 195 ANSWER to #166 Amended Complaint and #189 More Definite Statement of Willfulness by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Etter, Richard)
January 2, 2019 Opinion or Order Filing 194 ORDER IMPLEMENTING FEDERAL RULE OF EVIDENCE 502(D). Signed by Chief Judge Mark R. Hornak on 1/2/19. (bdb)
January 2, 2019 Opinion or Order Filing 193 FOURTH AMENDED CASE MANAGEMENT ORDER. Fact Discovery due by 5/20/19; Plaintiff's Expert Report(s) due by 6/17/19; Defendant's Expert Report(s) due by 7/16/19; Plaintiff's rebuttal report(s) due 7/30/19; Defendant shall depose Plaintiff's expert on or before 8/16/19; Plaintiff shall depose Defendant's expert on or before 8/30/19. A Telephonic Status Conference is hereby SCHEDULED for 5/17/19 at 1:30 PM before Chief Judge Mark R. Hornak. Signed by Chief Judge Mark R. Hornak on 1/2/19. (bdb)
December 21, 2018 Opinion or Order Filing 192 Proposed Case Management Order by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Etter, Richard)
December 20, 2018 Opinion or Order Filing 191 ORDER. On or before 1/4/19, parties shall file a joint Proposed Fourth Amended Case Management Order updating #171 the current case management order. Signed by Chief Judge Mark R. Hornak on 12/20/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav)
December 20, 2018 Opinion or Order Filing 190 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Post-Discovery Status Conference held on 12/20/18. (Court Reporter: Karen Earley) (jad)
December 10, 2018 Opinion or Order Filing 189 More Definite Statement of Defendants' Willfulness by R. ALEXANDER ACOSTA re #187 Order on Motion to Dismiss, (Attachments: #1 Exhibit A- Professionalism Email, #2 Exhibit B - Dress Code) (Luby, Andrea)
December 6, 2018 Opinion or Order Filing 188 ORDER RESCHEDULING CONFERENCE. The Telephonic Post-Discovery Status Conference set for 12/20/18 at 9:30 AM is hereby RESCHEDULED for 12/20/18 at 9:15 AM before Judge Mark R. Hornak. Please refer to #173 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. Signed by Judge Mark R. Hornak on 12/6/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
November 29, 2018 Opinion or Order Filing 187 ORDER. It is hereby ORDERED that for the reasons set forth in the Court's #186 Opinion of this date, Defendants Bryan Gaudin and Holland Acquisitions, Inc.'s #167 Motion to Dismiss the Third Amended Complaint is GRANTED IN PART AND DENIED IN PART. Defendants shall file their Answer to the Third Amended Complaint on or before 1/16/19. Signed by Judge Mark R. Hornak on 11/29/18. (bdb)
November 29, 2018 Opinion or Order Filing 186 OPINION. Signed by Judge Mark R. Hornak on 11/29/18. (bdb)
October 29, 2018 Opinion or Order Filing 185 ORDER. It is hereby ORDERED that the November 12, 2018, deadline for the close of fact discovery is VACATED WITHOUT PREJUDICE. It is further ORDERED that fact discovery shall close 120 days after the day that the Court enters an Order ruling on Defendants' #167 Motion to Dismiss. It is further ORDERED that the parties shall file a Joint Status Report within 90 days after the Court's entry of an Order ruling on Defendant's #167 Motion to Dismiss. Signed by Judge Mark R. Hornak on 10/29/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
October 29, 2018 Opinion or Order Filing 184 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 10/29/18. (Court Reporter: Karen Earley) (jad)
October 18, 2018 Opinion or Order Filing 183 SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 10/29/18 at 2:15 PM before Judge Mark R. Hornak. Please refer to #173 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. Signed by Judge Mark R. Hornak on 10/18/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
August 7, 2018 Opinion or Order Filing 182 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 8/6/18. (Court Reporter: Sandra Wenger) (jad)
August 6, 2018 Opinion or Order Filing 181 ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for TODAY 8/6/18 at 3:30 PM is hereby RESCHEDULED for TODAY 8/6/18 at 4:00 PM before Judge Mark R. Hornak. Please refer to #173 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. Signed by Judge Mark R. Hornak on 8/6/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
August 6, 2018 Opinion or Order Filing 180 NOTICE TO COUNSEL. The Telephonic Status Conference SCHEDULED for TODAY 8/6/18 at 3:30 PM before Judge Mark R. Hornak will be conducted via an AT&T call-in number, which requires participants to dial-in and provide an access code. Please refer to #173 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. (jad)
July 31, 2018 Opinion or Order Filing 179 SCHEDULING ORDER: Telephonic Status Conference set for 8/6/2018 at 03:30 PM before Judge Mark R. Hornak. The Court will discuss all pending motions ad matters, including #178 the Joint Status Report. Signed by Judge Mark R. Hornak on 7/31/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)
July 13, 2018 Opinion or Order Filing 178 JOINT STATUS REPORT by R. ALEXANDER ACOSTA. (Luby, Andrea)
July 2, 2018 Opinion or Order Filing 177 ORDER. The parties shall file a Joint Status Report on or before July 14, 2018. The parties shall specifically address the pending Motion to Dismiss #167 in light of the recent Notice #176 and whether the Motion to Dismiss #167 is still live and/or whether its disposition should be held in abeyance. Signed by Judge Mark R. Hornak on 07/02/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav)
July 2, 2018 Opinion or Order Filing 176 NOTICE ofStatute of Limitations Tolling Agreement Signed by Counsel for Bryan Gaudin, Robert Gaudin, and Holland by R. ALEXANDER ACOSTA re #175 Reply Brief (Luby, Andrea)
June 21, 2018 Opinion or Order Filing 175 REPLY BRIEF re #167 Motion to Dismiss filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Etter, Richard)
June 14, 2018 Opinion or Order Filing 174 NOTICE TO COUNSEL. The Telephonic Post-Discovery Status Conference SCHEDULED for 12/20/18 at 9:30 AM before Judge Mark R. Hornak will be conducted via an AT&T call-in number, which requires participants to dial-in and provide an access code. Please refer to #173 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. (jad)
June 14, 2018 Opinion or Order Filing 173 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad)
June 14, 2018 Opinion or Order Filing 172 BRIEF in Opposition re #167 Motion to Dismiss filed by R. ALEXANDER ACOSTA. (Luby, Andrea)
June 14, 2018 Opinion or Order Filing 171 INITIAL CASE MANAGEMENT ORDER. Discovery due by 11/12/18; Plaintiff's Expert Reports due by 12/14/18; Defendant's Expert Reports due by 1/14/19; Plaintiff's rebuttal report(s) shall be produced on or before 1/28/19; Defendant shall depose Plaintiff's Experts on or before 2/15/19; Plaintiff shall depose Defendant's Experts on or before 2/28/19; a Telephonic Post-Discovery Status Conference is SCHEDULED for 12/20/18 at 9:30 AM before Judge Mark R. Hornak. Signed by Judge Mark R. Hornak on 6/14/18. (jad)
June 13, 2018 Opinion or Order Filing 170 JOINT STATUS REPORT by R. ALEXANDER ACOSTA. (Attachments: #1 Proposed Order) (Luby, Andrea)
June 1, 2018 Opinion or Order Filing 169 ANSWER to #166 Amended Complaint by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Etter, Richard)
June 1, 2018 Opinion or Order Filing 168 BRIEF in Support re #167 Motion to Dismiss filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Etter, Richard)
June 1, 2018 Opinion or Order Filing 167 MOTION to Dismiss re #166 Amended Complaint by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order) (Etter, Richard)
May 18, 2018 Opinion or Order Filing 166 Third AMENDED COMPLAINT against BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC., filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit Amended Schedule A) (Luby, Andrea)
May 16, 2018 Opinion or Order Filing 165 ORDER DENYING #141 Motion for Leave to File Third Amended Complaint. It is ORDERED that the Plaintiff shall comply with this Court's Order #132 and file the operative pleading with the Amended Schedule A on or before 6/5/2018. It is further ORDERED that a Joint Status Report shall be filed on or before 6/13/2018. Such Joint Status Report shall include (but is not limited to) a report as to what discovery remains outstanding in this case and a Proposed Third Amended Case Management Order that includes proposed deadlines for further pretrial activity. Signed by Judge Mark R. Hornak on 5/16/2018. (mao) Modified on 5/23/2018 to correct typo. (ksa)
May 16, 2018 Opinion or Order Filing 164 OPINION. Signed by Judge Mark R. Hornak on 5/16/2018. (mao)
May 11, 2018 Opinion or Order Filing 163 MEMORANDUM ORDER. The Court hereby enters the following Memorandum Order as contained herein. Plaintiff's #135 Motion for Reconsideration is GRANTED IN PART AND DENIED IN PART. Signed by Judge Mark R. Hornak on 5/11/18. (jad) Modified on 5/14/2018. (tt)
April 26, 2018 Opinion or Order Filing 162 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 13, 2018 before Judge Mark R. Hornak. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 5/3/2018. Redaction Request due 5/17/2018. Redacted Transcript Deadline set for 5/29/2018. Release of Transcript Restriction set for 7/25/2018. (rtf) Modified on 8/3/2018. (jv)
April 9, 2018 Opinion or Order Filing 161 ORDER that the Caption in this case is hereby AMENDED to R. Alexander Acosta v. Holland Acquisitions, Inc., et al. Signed by Judge Mark R. Hornak on 04-09-2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav)
April 7, 2018 Opinion or Order Filing 160 NOTICE of Supplemental Third Circuit Authority by EDWARD C HUGLER re #135 Motion for Reconsideration, #133 Order, Terminate Motions (Attachments: #1 Exhibit Third Circuit Writ, #2 Exhibit District Court Case Management Order, #3 Exhibit District Court Pretrial Order, #4 Exhibit District Court Memorandum and Order on Motion to Compel) (Luby, Andrea)
April 6, 2018 Opinion or Order Filing 159 ORDER granting #158 Plaintiffs Motion for Leave to File Supplemental Authority and Supporting Documents. The Motion is granted. The Plaintiff may file a notice of supplemental authority as requested by the Motion, along with supporting documents, on or before April 10, 2018. Any other party may file a response thereto within ten (10) days of such filing by the Plaintiff. Signed by Judge Mark R. Hornak on 04/06/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
April 6, 2018 Opinion or Order Filing 158 MOTION for Leave to File Notice of Supplemental Third Circuit Authority by EDWARD C HUGLER. (Attachments: #1 Proposed Order, #2 Exhibit Notice of Supplemental Third Circuit Authority, #3 Exhibit Third Circuit Writ, #4 Exhibit District Court Case Management Order, #5 Exhibit District Court Pretrial Order, #6 Exhibit District Court Order that Third Circuit Required Judge to Vacate in Part) (Luby, Andrea)
April 6, 2018 Opinion or Order Filing 157 NOTICE of Appearance by John M. Strawn on behalf of EDWARD C HUGLER. (Attachments: #1 Certificate of Service) (Strawn, John)
February 13, 2018 Opinion or Order Filing 156 Minute Entry for proceedings held before Judge Mark R. Hornak: Oral Argument held on 2/13/28. (Court Reporter: Richard T. Ford) (bdb)
January 18, 2018 Opinion or Order Filing 155 SCHEDULING ORDER. An Oral Argument is hereby SCHEDULED for 2/13/18 at 11:00 AM in Courtroom 6A before Judge Mark R. Hornak. Counsel shall be prepared to argue all pending motions. Signed by Judge Mark R. Hornak on 1/18/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 4, 2018 Opinion or Order Filing 154 REPLY BRIEF to Robert Gaudin's #149 RESPONSE in Opposition to the Secretary's #141 Motion for Leave to File Third Amended Complaint filed by EDWARD C HUGLER. (Luby, Andrea)
December 20, 2017 Opinion or Order Filing 153 ORDER GRANTING #147 Motion to Intervene. It is hereby ORDERED that Robert Gaudin's Motion is GRANTED and he is permitted to appear for the limited purpose of filing his Response in Opposition to Plaintiff's Motion for Leave to File a Third Amended Complaint. It is further ORDERED that such Response attached to Robert Gaudin's Motion for Leave to Intervene as Exhibit 1 is deemed filed as of the date of this order. Any Reply shall be filed on or before 1/5/18. Signed by Judge Mark R. Hornak on 12/20/17. (bdb)
December 8, 2017 Opinion or Order Filing 152 RESPONSE to Motion re #147 MOTION to Intervene filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Etter, Richard)
December 8, 2017 Opinion or Order Filing 151 RESPONSE to Motion re #147 MOTION to Intervene Secretary's Response to Robert Gaudin's Motion to Intervene filed by EDWARD C HUGLER. (Bluer, Jennifer)
November 27, 2017 Opinion or Order Filing 150 ORDER. Within 14 days of the date of this Order, counsel shall respond to #147 Motion to Intervene. Signed by Judge Mark R. Hornak on 11/27/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
November 22, 2017 Opinion or Order Filing 149 RESPONSE in Opposition re #141 Motion for Leave to File Third Amended Complaint filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Etter, Richard) Modified on 11/24/2017 to correct title of event selected. (ept)
November 22, 2017 Opinion or Order Filing 148 BRIEF in Support re #147 Motion to Intervene filed by ROBERT GAUDIN. (Attachments: #1 Exhibit 1) (Reiss, Stephanie)
November 22, 2017 Opinion or Order Filing 147 MOTION to Intervene by ROBERT GAUDIN. (Attachments: #1 Proposed Order) (Reiss, Stephanie)
November 16, 2017 Opinion or Order Filing 146 BRIEF in Opposition re #135 Motion for Reconsideration filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order) (Etter, Richard)
November 9, 2017 Opinion or Order Filing 145 ORDER. On or before 11/22/17, counsel shall respond to #141 Motion for Leave to File a Third Amended Complaint. Signed by Judge Mark R. Hornak on 11/9/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
November 9, 2017 Opinion or Order Filing 144 ORDER GRANTING IN PART #140 Motion to Strike Plaintiff's "Amended Schedule A". Plaintiff's #137 "Amended Schedule A" is STRICKEN WITHOUT PREJUDICE, as being filed outside of compliance with the Court's prior Order (see within). The Court will address whether any amendment beyond an updated "Schedule A" will be permitted as to a Third Amended Complaint. Signed by Judge Mark R. Hornak on 11/9/17. (bdb)
November 8, 2017 Opinion or Order Filing 143 RESPONSE to Motion re #140 MOTION to Strike #137 Amended Document "Amended Schedule A" filed by EDWARD C HUGLER. (Luby, Andrea)
November 8, 2017 Opinion or Order Filing 142 BRIEF in Support re #141 Motion for Leave to File Third Amended Complaint filed by EDWARD C HUGLER. (Attachments: #1 Exhibit A- Third Amended Complaint with Amended Schedule A, #2 Exhibit B- Deposition of Kathy Bremer, #3 Exhibit C- Deposition of Defendant Bryan Gaudin, #4 Exhibit D- 30(b)(6) Deposition of Defendant Holland) (Luby, Andrea)
November 8, 2017 Opinion or Order Filing 141 MOTION for Leave to File Third Amended Complaint by EDWARD C HUGLER. (Attachments: #1 Proposed Order) (Luby, Andrea)
November 2, 2017 Opinion or Order Filing 140 MOTION to Strike #137 Amended Document "Amended Schedule A" by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Etter, Richard)
November 2, 2017 Opinion or Order Filing 139 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re ORAL ARGUMENT ON MOTIONS held on August 15, 2017 before Judge Mark R. Hornak. Court Reporter Deborah Rowe, Telephone number 412-471-2510. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/9/2017. Redaction Request due 11/24/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 1/31/2018. (dsr)
November 2, 2017 Opinion or Order Filing 138 ORDER. On or before 11/16/17, counsel for the Defendants shall respond to #135 Motion for Reconsideration. Signed by Judge Mark R. Hornak on 11/2/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
November 1, 2017 Opinion or Order Filing 137 AMENDED DOCUMENT Amended Schedule A by EDWARD C HUGLER. Amendment to #57 Amended Complaint, #132 Order, Terminate Motions. (Luby, Andrea)
October 31, 2017 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #135 Motion for Reconsideration. ERROR: Memorandum should have been filed as a separate document. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed #136 BRIEF in Support re #135 Motion for Reconsideration. This message is for informational purposes only. (jv)
October 30, 2017 Opinion or Order Filing 136 BRIEF in Support re #135 Motion for Reconsideration filed by EDWARD C HUGLER. (jv)
October 30, 2017 Opinion or Order Filing 135 MOTION for Reconsideration re #133 Order, Terminate Motions by EDWARD C HUGLER. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit A, #3 Proposed Order) (Bluer, Jennifer)
October 19, 2017 Opinion or Order Filing 134 ORDER. As appropriate, the Court will set a telephone conference to discuss scheduling matters and case management once any amended pleading practice has concluded. Signed by Judge Mark R. Hornak on 10/19/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
October 18, 2017 Opinion or Order Filing 133 MEMORANDUM ORDER. For the reasons as contained herein, it is hereby ORDERED that Defendants' #112 Motion to Compel is hereby DENIED WITHOUT PREJUDICE. Signed by Judge Mark R. Hornak on 10/18/17. (bdb)
October 18, 2017 Opinion or Order Filing 132 ORDER. It is hereby ORDERED that for the reasons set forth in the Court's #131 Opinion of this date, Plaintiff's #105 Motion to Amend/Correct Schedule A is GRANTED. Any Amended Complaint with an Amended "Schedule A" shall be filed on or before November 1, 2017. Signed by Judge Mark R. Hornak on 10/18/17. (bdb)
October 18, 2017 Opinion or Order Filing 131 OPINION. Signed by Judge Mark R. Hornak on 10/18/17. (bdb)
September 27, 2017 Opinion or Order Filing 130 ORDER. It is ORDERED that Defendants' #124 Emergency Motion to Compel is GRANTED in part and DENIED in part. The Motion is granted to the extent that Plaintiff shall obtain (on or before October 11, 2017) a copy of the complete investigative file of the corporate investigation of Defendants conducted by Wage and Hour Division's Mr. Bethurem, and Plaintiff shall produce non- privileged documents and a privilege log as to said file to Defendants on or before October 18, 2017. Discovery shall be extended thirty (30) days from the date Plaintiff serves such documents for purposes of conducting the four (4) depositions of Department of Labor representatives previously set for September 28 and 29, 2017. In all other respects, the requests for relief set forth in Defendants' Motion are denied without prejudice. Signed by Judge Mark R. Hornak on 9/27/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
September 27, 2017 Opinion or Order Filing 129 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 9/27/17. (Court Reporter: Richard Ford) (jad)
September 27, 2017 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #128 Response to Motion. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed w/ #128 MOTION to Strike #124 Emergency MOTION to Compel Production of Undisclosed Corporate Investigative File and Witness Statements. This message is for informational purposes only. (ept) Modified on 9/28/2017. (jv)
September 26, 2017 Opinion or Order w/ #128 MOTION to Strike #124 Emergency MOTION to Compel Production of Undisclosed Corporate Investigative File and Witness Statements by EDWARD C HUGLER. (ept)
September 26, 2017 Opinion or Order Filing 128 RESPONSE to Motion re #124 Emergency MOTION to Compel Production of Undisclosed Corporate Investigative File and Witness Statements Motion to Strike and Opposition filed by EDWARD C HUGLER. (Attachments: #1 Exhibit A) (Luby, Andrea)
September 26, 2017 Opinion or Order Filing 127 NOTICE to Counsel. The Telephonic Status Conference set for 9/27/17 at 9:00 AM will be conducted via an AT&T dial-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad)
September 26, 2017 Opinion or Order Filing 126 ORDER. It is hereby ORDERED that Plaintiff shall obtain and preserve (1) a copy of the Wage and Hour Division's complete investigative file for its corporate investigation of Defendants (Case ID: 1738563), (2) unredacted copies of any witness statements obtained as part of that investigation, and (3) any other documents responsive to Defendants' Document Request Nos. 5, 6, 9, 11, 13, 14, 19, or 24. Plaintiff shall file a response by 6:00 PM EDT 9/26/17. A Telephonic Status Conference is hereby SCHEDULED for 9/27/17 at 9:00 AM EDT. Signed by Judge Mark R. Hornak on 9/26/17. (bdb)
September 25, 2017 Opinion or Order Filing 125 BRIEF in Support re #124 Motion to Compel Production of Undisclosed Corporate Investigative File and Witness Statements filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Etter, Richard)
September 25, 2017 Opinion or Order Filing 124 Emergency MOTION to Compel Production of Undisclosed Corporate Investigative File and Witness Statements by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Etter, Richard)
September 21, 2017 Opinion or Order Filing 123 ORDER CONTINUING CONFERENCE. The Post-Discovery Status Conference set for 10/3/17 at 3:30 PM is hereby CONTINUED and will be reset pending the Court's disposition of the pending motions. Signed by Judge Mark R. Hornak on 9/21/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
August 21, 2017 Opinion or Order Filing 122 ORDER. On or before 8/31/17, counsel for the Defendants shall respond to #121 Brief in Support of #120 Motion Hearing Describing the Delegation of Authority to the Deputy Administrator for Operations to Assert Privileges on Behalf of the Department of Labor. Signed by Judge Mark R. Hornak on 8/21/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
August 18, 2017 Opinion or Order Filing 121 BRIEF in Support of #120 Motion Hearing Describing the Delegation of Authority to the Deputy Administrator for Operations to Assert Privileges on Behalf of the Department of Labor filed by EDWARD C HUGLER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Certificate of Service) (Bluer, Jennifer)
August 15, 2017 Opinion or Order Filing 120 Minute Entry for proceedings held before Judge Mark R. Hornak: Oral Argument held on 8/15/17. (Court Reporter: Deborah Rowe) (jad)
August 7, 2017 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #118 Response to Motion. ERROR: Brief in Opposition should have been filed as a separate document. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed #119 BRIEF in Opposition re #112 Motion to Compel. This message is for informational purposes only. (jv)
August 4, 2017 Opinion or Order Filing 119 BRIEF in Opposition re #112 Motion to Compel filed by EDWARD C HUGLER. (jv)
August 4, 2017 Opinion or Order Filing 118 RESPONSE to Motion re #112 MOTION to Compel Production of Discovery filed by EDWARD C HUGLER. (Attachments: #1 Exhibit A- Formal claim of privilege, #2 Brief in Opposition) (Luby, Andrea)
July 28, 2017 Opinion or Order Filing 117 REPLY Memorandum re #105 Motion to Amend/Correct, filed by EDWARD C HUGLER. (Attachments: #1 Exhibit E- Transcript of November 18, 2016, #2 Exhibit F- Revised Supplemental Case Mangagement Order) (Luby, Andrea)
July 27, 2017 Opinion or Order Filing 116 ORDER GRANTING #115 Unopposed Motion for Extension of Time to File Response/Reply. The deadline for Plaintiff to respond to #112 Motion to Compel is hereby EXTENDED to 8/4/17. Signed by Judge Mark R. Hornak on 7/27/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
July 26, 2017 Opinion or Order Filing 115 Unopposed MOTION for Extension of Time to File Response/Reply by EDWARD C HUGLER. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Bluer, Jennifer)
July 24, 2017 Opinion or Order Filing 114 BRIEF in Opposition re #105 Motion to Amend/Correct, filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) (Etter, Richard)
July 21, 2017 Opinion or Order Filing 113 BRIEF in Support re #112 Motion to Compel Production of Discovery filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Etter, Richard)
July 21, 2017 Opinion or Order Filing 112 MOTION to Compel Production of Discovery by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order) (Etter, Richard)
July 17, 2017 Opinion or Order Filing 111 ORDER GRANTING #109 Motion to Withdraw As Attorney. Attorney Gretchen Woodruff Root terminated. Signed by Judge Mark R. Hornak on 7/17/17. (jad)
July 17, 2017 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #108 Notice. ERROR: Wrong event selected. CORRECTION: Removed from public view since attorney re-docketed correctly as #109 MOTION to Substitute Attorney Gretchen Root for Richard Etter as Attorney. This message is for informational purposes only. (jv)
July 14, 2017 Opinion or Order Filing 110 SCHEDULING ORDER. An Oral Argument is hereby SCHEDULED for 8/15/17 at 1:30 PM in Courtroom 6A before Judge Mark R. Hornak. Counsel shall be prepared to argue all pending motions, as well as be prepared to address why this action should not be consolidated with 17-cv-366. Signed by Judge Mark R. Hornak on 7/14/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
July 14, 2017 Opinion or Order Filing 109 MOTION to Withdraw As Attorney as Attorney by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order) (Root, Gretchen)
July 14, 2017 Opinion or Order Filing 108 NOTICE OF SUBSTITUTION OF COUNSEL by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order) (Etter, Richard) Modified to remove from public view since court attorney's filed correctly as #109 MOTION to Substitute Attorney Gretchen Root for Richard Etter as Attorney on 7/17/2017. (jv)
July 10, 2017 Opinion or Order Filing 107 ORDER. On or before 7/24/17, counsel for the Defendants shall respond to #105 Motion to Amend Schedule A. Signed by Judge Mark R. Hornak on 7/10/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
July 7, 2017 Opinion or Order Filing 106 BRIEF in Support re #105 Motion to Amend/Correct, Schedule A filed by EDWARD C HUGLER. (Luby, Andrea)
July 7, 2017 Opinion or Order Filing 105 MOTION to Amend/Correct Schedule A by EDWARD C HUGLER. (Attachments: #1 Exhibit Plaintiffs list of 556 employees, #2 Exhibit Deficiency letter, #3 Exhibit Defendants' list of 422 Relevant Workers, #4 Exhibit Proposed Amended Schedule A, #5 Proposed Order) (Luby, Andrea)
June 7, 2017 Opinion or Order Filing 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 14, 2016 before Judge Mark R. Hornak. Court Reporter Deborah Rowe, Telephone number 412-471-2510. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 6/14/2017. Redaction Request due 6/28/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/5/2017. (dsr)
June 5, 2017 Opinion or Order Filing 103 SECOND AMENDED CASE MANAGEMENT ORDER. It is hereby ORDERED as follows: The stay in this matter is hereby LIFTED and this matter is REOPENED on the Court's docket; Fact Discovery due on or before 9/29/17; Plaintiff's expert report(s) shall be produced on or before 10/27/17. Defendant's expert report(s) shall be produced on or before 11/30/17; Plaintiff's rebuttal report(s) shall he produced on or before 12/15/17; Defendant shall depose Plaintiff's expert on or before 12/29/17. Plaintiff shall depose Defendant's expert on or before 1/19/18. A Post-Discovery Status Conference is hereby SCHEDULED for 10/3/17 at 3:30 PM before Judge Mark R. Hornak. Signed by Judge Mark R. Hornak on 6/5/17. (bdb)
June 5, 2017 Opinion or Order Magistrate Judge Maureen P. Kelly no longer assigned to case. (eca)
June 3, 2017 Opinion or Order Filing 102 BRIEF in Opposition re #100 Motion to Amend/Correct, filed by EDWARD C HUGLER. (Attachments: #1 Proposed Order) (Luby, Andrea)
June 2, 2017 Opinion or Order Filing 101 Remark: The Motion filed at #100 makes reference to a Motion to Compel. The Court's review of the docket does not reveal any pending Motion to Compel in this civil action (Hornak, Mark)
June 2, 2017 Opinion or Order Filing 100 MOTION to Amend/Correct #40 Terminate Deadlines and Hearings, Order, Set Deadlines/Hearings, (Motion for Proposed Second Amended Case Management Order), by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order) (Etter, Richard)
May 5, 2017 Opinion or Order Filing 99 Minute Entry for proceedings held before Chief Magistrate Judge Maureen P. Kelly: Judicial Settlement Conference held on 5/5/2017. (Court Reporter: none) (eca)
May 4, 2017 Opinion or Order Filing 98 ORDER advising the parties and their counsel that the Court is in receipt of a letter from counsel for Mr. Robert Gaudin that arrived by fax at 4:05 p.m. As clarification, Mr. Robert Gaudin is not a party to the instant action and is not, nor was he ever, required by this Court to attend the continuation of the Settlement Conference. In accordance with the prior orders of this Court, the conference will commence at 8:30 a.m. tomorrow. Signed by Magistrate Judge Maureen P. Kelly on 5/4/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
March 15, 2017 Opinion or Order Filing 97 Minute Entry for proceedings held before Chief Magistrate Judge Maureen P. Kelly: Telephone Status Conference held on 3/15/2017. (Court Reporter: none) (eca)
February 7, 2017 Opinion or Order Filing 96 NOTICE of Automatic Substitution of Parties by THOMAS E. PEREZ (Luby, Andrea)
January 30, 2017 Opinion or Order Filing 95 SCHEDULING ORDER. Judicial Settlement Conference is continued to 5/5/2017 at 8:30 AM before Chief Magistrate Judge Maureen P. Kelly. A Telephone Status Conference will be held 3/15/2017 at 10:00 AM. Counsel are directed to contact chambers at 412-208-7450 to collect the dial in information. Signed by Chief Magistrate Judge Maureen P. Kelly on 01/30/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
January 27, 2017 Opinion or Order Filing 94 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Hearing Memo re Judicial Settlement Conference held on 1/27/2017. (Court Reporter: none) (bb)
January 27, 2017 Opinion or Order Filing 93 ORDER. In furtherance of the judicial settlement conference process under the direction and control of Chief Magistrate Judge Kelly, this action is stayed and administratively closed until further Order of this Court, with the stay anticipated to last through and including May 8, 2017. This stay may be lifted by this Court upon the request of Judge Kelly, or by other Order of this Court. This Court further Orders and directs that the parties are to comply with the directives and Orders of Judge Kelly. The stay and administrative closure of this action does not pretermit the obligations of any party, except that all filing deadlines and obligations, excepting those directed by Judge Kelly or this Court in furtherance of the proceedings before Judge Kelly, are held in abeyance pending further Order of this Court. Signed by Judge Mark R. Hornak on 1/27/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 23, 2017 Opinion or Order Filing 92 Minute Entry for proceedings held before Chief Magistrate Judge Maureen P. Kelly: Pre-Settlement Telephone Conference held on 1/23/2017. (Court Reporter: none) (eca)
January 23, 2017 Opinion or Order Filing 91 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 11, 2017 before Judge Mark R. Hornak. Court Reporter Leah Attanucci, Telephone number (412) 575-5830. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 1/30/2017. Redaction Request due 2/13/2017. Redacted Transcript Deadline set for 2/23/2017. Release of Transcript Restriction set for 4/24/2017. (rtf)
January 18, 2017 Opinion or Order Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 13, 2017 before Judge Mark R. Hornak. Court Reporter Deborah Rowe, Telephone number 412-471-2510. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 1/25/2017. Redaction Request due 2/8/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/18/2017. (dsr)
January 13, 2017 Opinion or Order Filing 89 Minute Entry for proceedings held before Judge Mark R. Hornak: Resolution Conference held on 1/13/17. (Court Reporter: Deborah Rowe) (jad)
January 13, 2017 Opinion or Order Filing 88 SUPPLEMENTAL CASE MANAGEMENT ORDER: It is hereby ORDERED that the parties comply with the following, as contained herein. Signed by Judge Mark R. Hornak on 1/13/17. (bdb)
January 13, 2017 Opinion or Order Filing 87 ORDER GRANTING #86 Emergency MOTION to be Excused from Appearing at the January 13, 2017 Resolution Conference. Attorney Etter and Attorney Drez are excused from participating in-person at the Resolution Conference. Signed by Judge Mark R. Hornak on 1/13/17. (bdb)
January 13, 2017 Opinion or Order Filing 86 Emergency MOTION to be Excused from Appearing at the January 13, 2017 Resolution Conference re 82 Order, by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order) (Etter, Richard)
January 12, 2017 Opinion or Order Filing 85 Proposed Order re #83 Motion to be Excused from Appearing at Resolution Conference on January 13, 2017 by THOMAS E. PEREZ. (Luby, Andrea)
January 12, 2017 Opinion or Order Filing 84 ORDER GRANTING #83 Motion to be Excused from Appearing at Resolution Conference on January 13, 2017. Attorney Bluer is hereby excused from appearing in person at the Resolution Conference, scheduled for January 13, 2017 at 9:00 a.m. Signed by Judge Mark R. Hornak on 1/12/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 12, 2017 Opinion or Order Set Hearings: Resolution Conference set for 1/13/17 at 9:00 AM in Courtroom 6A before Judge Mark R. Hornak. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 12, 2017 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #83 Motion to be Excused from Appearing at Resolution Conference on January 13, 2017. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event (Located under "Other Documents" in the electronic filing system)and linking it to #83 Motion to be Excused from Appearing at Resolution Conference on January 13, 2017. This message is for informational purposes only. (jv)
January 11, 2017 Opinion or Order Filing 83 MOTION to be Excused from Appearing at Resolution Conference on January 13, 2017 by THOMAS E. PEREZ. (Bluer, Jennifer)
January 11, 2017 Opinion or Order Filing 82 SCHEDULING ORDER. A resolution conference regarding all outstanding pre-settlement conference disputes between the parties is hereby SCHEDULED for this Friday, January 13, 2017, at 9:00 AM in Courtroom 6A. All counsel are welcome to attend, but Attorneys Luby, Bluer, Etter, Root, and Drez are required to attend in person unless otherwise excused by the Court. Each side shall bring hard copies of all relevant documents regarding the outstanding disputes, including their prior correspondence about such matters. Should the parties resolve all such disputes before Friday January 13, 2017, at 9:00 AM, they are directed to file a joint notice on the docket outlining and confirming their resolution. Signed by Judge Mark R. Hornak on 01/11/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
January 11, 2017 Opinion or Order Filing 81 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 1/11/2017. (Court Reporter: Leah Attanucci - Pittsburgh Reporting Service) (jad)
January 11, 2017 Opinion or Order Filing 80 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for THIS DATE, January 11, 2017, at 2:30 PM before Judge Mark R. Hornak. The conference will be conducted via an AT&T dial-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 1/11/17. (bdb)
December 12, 2016 Opinion or Order Filing 79 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 18, 2016 before Judge Mark R. Hornak. Court Reporter Deborah Rowe, Telephone number 412-471-2510. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 12/19/2016. Redaction Request due 1/3/2017. Redacted Transcript Deadline set for 1/12/2017. Release of Transcript Restriction set for 3/13/2017. (dsr)
November 18, 2016 Opinion or Order Filing 78 ORDER. Following a telephonic status conference with the parties on November 18, 2016, it is hereby ORDERED that: (1) Defense counsel shall provide to Plaintiffs counsel by the end of the day today a detailed, thorough, point-by-point response regarding each of the individual employees Plaintiffs counsel identified through discovery as possibly working under the auspices of Holland Acquisitions' Washington, PA office; (2) Plaintiffs counsel shall in turn respond regarding each of those individual employees on or before November 30th, 2016; (3) All counsel shall confer not later than December 7, 2016 to attempt to agree upon any further discovery production that may be necessary following such exchanges; and ( 4) Counsel for either party shall contact the Court if further involvement of the Court is required.. Signed by Judge Mark R. Hornak on 11/18/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
November 18, 2016 Opinion or Order Filing 77 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 11/18/16. (Court Reporter: Deborah Rowe) (jad)
November 15, 2016 Opinion or Order Filing 76 SCHEDULING ORDER. At the request of counsel for the Plaintiff, a Telephonic Status Conference is hereby SCHEDULED for Friday, November 18, 2016 at 10:30 AM before Judge Mark R. Hornak. The conference will be conducted via an AT&T dial-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 11/15/16. (bdb)
November 3, 2016 Opinion or Order Filing 75 AMENDED JUDICIAL SETTLEMENT CONFERENCE ORDER. The Judicial Settlement Conference previously scheduled for 1/27/2017 at 9:00 AM is rescheduled to earlier that same morning, 1/27/2017 at 8:30 AM in Courtroom 9C before Chief Magistrate Judge Maureen P. Kelly. The Pre-Settlement Conference Call will remain as scheduled for 1/23/2017 at 10:00 AM. Counsel can obtain the call-in information by contacting chambers at 412-208-7450. Signed by Chief Magistrate Judge Maureen P. Kelly on 11/03/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
October 14, 2016 Opinion or Order Filing 74 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 10/14/16. (Court Reporter: Deborah Rowe) (jad)
October 14, 2016 Opinion or Order Filing 73 SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for TODAY, October 14, 2016 at 3:00 PM before Judge Mark R. Hornak. The Court will initiate the call. Signed by Judge Mark R. Hornak on 10/14/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
October 12, 2016 Opinion or Order Filing 72 JUDICIAL SETTLEMENT CONFERENCE ORDER. A Judicial Settlement Conference is scheduled for 1/27/2017 at 9:00 AM in Courtroom 9C before Chief Magistrate Judge Maureen P. Kelly. A Pre-Settlement Conference Call is scheduled for 1/23/2017 at 10:00 AM. Counsel can obtain the call-in information by contacting chambers at 412-208-7450. Signed by Chief Magistrate Judge Maureen P. Kelly on 10/12/16. (eca)
October 11, 2016 Opinion or Order Filing 71 Minute Entry for proceedings held before Chief Magistrate Judge Maureen P. Kelly: Telephone Conference held on 10/11/2016. (Court Reporter: None) (eca)
September 8, 2016 Opinion or Order Filing 70 ORDER scheduling a telephone conference for Tuesday, 10/11/16 at 2:00 p.m. Following the entry of the Supplemental Case Management Order #68 and the referral of this case to Judge Kelly for a judicial settlement conference 69 , the purpose of the telephone conference is to discuss the scheduling of the settlement conference. Counsel should contact Judge Kelly's chambers the week prior to the conference in order to obtain a call in number. Signed by Magistrate Judge Maureen P. Kelly on 9/8/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
September 7, 2016 Opinion or Order Filing 69 ORDER REFERRING CASE to Chief Magistrate Judge Maureen P. Kelly for settlement purposes only. Signed by Judge Mark R. Hornak on 9/7/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
August 31, 2016 Opinion or Order Filing 68 SUPPLEMENTAL CASE MANAGEMENT ORDER. It is hereby ORDERED that the Supplemental Case Management Order as contained herein is entered by the Court. Signed by Judge Mark R. Hornak on 8/31/16. (jad)
August 31, 2016 Opinion or Order Filing 67 Proposed Case Management Order Supplemental Case Management Order by THOMAS E. PEREZ. (Bluer, Jennifer)
August 29, 2016 Opinion or Order Filing 66 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 4, 2016 before Judge Mark R. Hornak. Court Reporter Juliann A. Kienzle, Telephone number 412.261.6122. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 9/6/2016. Redaction Request due 9/19/2016. Redacted Transcript Deadline set for 9/29/2016. Release of Transcript Restriction set for 11/28/2016. (jak)
August 24, 2016 Opinion or Order Filing 65 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 8/24/16. (Court Reporter: Julie Kienzle) (jad)
August 17, 2016 Opinion or Order Filing 64 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for Wednesday, August 24, 2016 at 2:00 PM before Judge Mark R. Hornak. The conference will be conducted via an AT&T dial-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 8/17/16. (bdb)
August 8, 2016 Opinion or Order Filing 63 ANSWER to #57 Amended Complaint by BRYAN GAUDIN. (Etter, Richard)
August 8, 2016 Opinion or Order Filing 62 ANSWER to #57 Amended Complaint by HOLLAND ACQUISITIONS, INC. (Etter, Richard)
August 4, 2016 Opinion or Order Filing 61 It is hereby ORDERED that in light of issues raised by counsel during the status conference held on August 4, 2016, the deadline for completion of fact discovery is extended until October 15, 2016. Dates for expert reports and depositions will be set by further Order of the Court after conferring with counsel. It is hereby further ORDERED that any motion to compel related to (1) Holland Acquisition's responses to Secretary Perez's outstanding discovery request regarding information for employees not currently listed in Schedule A; and (2) Secretary Perez's provision of un-redacted investigatory reports shall be filed by September 9, 2016. Any responses to such motions shall be filed within 14 days thereafter and any replies shall be filed within 7 days of the filing of a response. The Post-Discovery Status Conference set for August 26, 2016 is CANCELLED. Such conference will be rescheduled upon request of the parties or by further Order of the Court. Signed by Judge Mark R. Hornak on 8/4/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
August 4, 2016 Opinion or Order Filing 60 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 8/4/16. (Court Reporter: Julie Kienzle) (jad)
August 2, 2016 Opinion or Order Filing 59 ORDER RESCHEDULING POST-DISCOVERY STATUS CONFERENCE. The Post-Discovery Status Conference set for 8/23/16 at 1:30 PM is hereby RESCHEDULED for 8/26/16 at 11:00 AM before Judge Mark R. Hornak. The Court will conduct the status conference via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 8/2/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
July 26, 2016 Opinion or Order Filing 58 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for Thursday, August 4, 2016 at 11:30 AM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 7/26/16. (bdb)
July 18, 2016 Opinion or Order Filing 57 Second AMENDED COMPLAINT against All Defendants, filed by THOMAS E. PEREZ. (Luby, Andrea)
July 17, 2016 Opinion or Order Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 16th, 2016, before Judge Mark R. Hornak. Court Reporter Shirley Hall, E-mail: shirleyhall_uscra@yahoo.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 7/25/2016. Redaction Request due 8/8/2016. Redacted Transcript Deadline set for 8/17/2016. Release of Transcript Restriction set for 10/17/2016. (sah)
July 15, 2016 Opinion or Order Filing 55 ORDER GRANTING #44 Motion for Leave to File Second Amended Complaint. Plaintiff's Second Amended Complaint is due on or before 8/5/16. Defendants' response is due twenty-one (21) days thereafter. Signed by Judge Mark R. Hornak on 7/15/16. (jad)
June 16, 2016 Opinion or Order Filing 54 Minute Entry for proceedings held before Judge Mark R. Hornak: In-Person Status Conference and Oral Argument held on 6/16/16. (Court Reporter: Shirley Hall) (jad)
June 14, 2016 Opinion or Order Filing 53 ORDER RESCHEDULING CONFERENCE AND ORAL ARGUMENT. The In-Person Status Conference and Oral Argument set for 6/16/16 at 10:30 AM is hereby RESCHEDULED for 6/16/16 at 10:15 AM in Courtroom 6A before Judge Mark R. Hornak. Signed by Judge Mark R. Hornak on 6/14/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
June 8, 2016 Opinion or Order Filing 52 SCHEDULING ORDER. A In-Person Status Conference and Oral Argument is hereby SCHEDULED for Thursday, June 16, 2016 at 10:30 AM in Courtroom 6A before Judge Mark R. Hornak. Counsel shall be prepared to address all pending matters. Signed by Judge Mark R. Hornak on 6/8/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
June 7, 2016 Opinion or Order Filing 51 REPLY to Response to Motion re #44 Motion for Leave to File Second Amended Complaint filed by THOMAS E. PEREZ. (Attachments: #1 Exhibit A- Deficiency letter, #2 Exhibit B- Email, #3 Exhibit C- Email, #4 Exhibit D- Email) (Luby, Andrea)
May 27, 2016 Opinion or Order Filing 50 ORDER deferring ruling on #44 Motion for Leave to File. The Plaintiff shall file a reply brief on or before June 7, 2016. That brief shall at least specifically address the arguments of the Defendants based on Fed. R. Civ. P. 16 and the Initial Case Management Order, and those arguments made based on Fed. R. Civ. P. 15 regarding claimed unnecessary and prejudicial delay. Signed by Judge Mark R. Hornak on 05/27/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
May 23, 2016 Opinion or Order Filing 49 NOTICE of Appearance by Gretchen Woodruff Root on behalf of BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Root, Gretchen)
May 23, 2016 Opinion or Order Filing 48 NOTICE of Protocol for Discovery and Production of Electronically Stored Information by THOMAS E. PEREZ (Luby, Andrea)
May 23, 2016 Opinion or Order Filing 47 PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by THOMAS E. PEREZ. (Luby, Andrea) Modified on 5/23/2016. (plh) This document removed from public view and redocketed at Doc. #48 .
May 12, 2016 Opinion or Order Filing 46 RESPONSE IN OPPOSITION to #44 Motion for Leave to File, filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order) (Etter, Richard)
April 29, 2016 Opinion or Order Filing 45 ORDER. Defense counsel shall respond to #44 Motion for Leave to File Second Amended Complaint within 14 days of the date of this Order. Signed by Judge Mark R. Hornak on 4/29/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
April 29, 2016 Opinion or Order Filing 44 MOTION for Leave to File Second Amended Complaint by THOMAS E. PEREZ. (Attachments: #1 Suggestions in Support of Motion, #2 Exhibit Redline Second Amended Complaint, #3 Proposed Order) (Luby, Andrea)
April 4, 2016 Opinion or Order Filing 43 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 4/4/16. (Court Reporter: Julie Kienzle) (jad)
April 1, 2016 Opinion or Order Filing 42 ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for 4/5/16 at 1:30 PM is hereby RESCHEDULED for 4/4/16 at 3:30 PM before Judge Mark R. Hornak. The information required to participate can be found at #41 Scheduling Order. Signed by Judge Mark R. Hornak on 4/1/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
March 31, 2016 Opinion or Order Filing 41 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 4/5/16 at 1:30 PM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 3/31/16. (jad)
March 31, 2016 Opinion or Order Filing 40 AMENDED CASE MANAGEMENT ORDER. Discovery due by 8/18/16; Plaintiff's Expert Reports due by 7/18/16; Defendants' Expert Reports due by 8/18/16; Defendants shall depose Plaintiff's Experts on or before 8/18/16; Plaintiff shall depose Defendants' Experts on or before 9/19/16; A Post-Discovery Status Conference is SCHEDULED for 8/23/16 at 1:30 PM before Judge Mark R. Hornak. Signed by Judge Mark R. Hornak on 3/31/16. (jad)
March 29, 2016 Opinion or Order Filing 39 Proposed Case Management Order by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Etter, Richard)
March 15, 2016 Opinion or Order Filing 38 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 3/15/16. (Court Reporter: Julie Kienzle) (jad)
February 29, 2016 Opinion or Order Filing 37 ORDER RESCHEDULING TELEPHONIC STATUS CONFERENCE. The Telephonic Status Conference set for 3/15/16 at 1:30 PM is hereby RESCHEDULED for 3/15/16 at 3:30 PM before Judge Mark R. Hornak. This Telephonic Status Conference will be conducted via an AT&T dial-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 2/29/16. (jad) (Main Document 37 replaced on 3/1/2016) (bdb). Modified on 3/1/16 to replace with correct document. (bdb)
February 26, 2016 Opinion or Order Filing 36 RESPONSE to 30 Court Order re Defendants' Memorandum of Law Regarding Issues to be Tried to a Jury and Tried by the Court filed by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Etter, Richard)
February 26, 2016 Opinion or Order Filing 35 RESPONSE to 30 Court Order re Memorandum of Law Regarding Which Issues May be Tried to the Jury and Which Issues Should be Tried to the Court to 30 Order, Set Deadlines, filed by THOMAS E. PEREZ. (Luby, Andrea)
February 9, 2016 Opinion or Order Filing 34 ORDER APPROVING #33 Notice of Substitution of Attorney Appearance. The appearance of attorney Jennifer L. McGraw is withdrawn, and the appearance of Jennifer L. Bluer is entered as counsel for the Plaintiff in the above-referenced matter. All other U.S. Department of Labor attorneys shall remain as counsel for the Plaintiff. Signed by Judge Mark R. Hornak on 2/9/16. (bdb)
February 9, 2016 Opinion or Order Filing 33 NOTICE of Substitution of Attorney Appearance by Jennifer L. Bluer on behalf of THOMAS E. PEREZ. Attorney Jennifer L. McGraw terminated. (Attachments: #1 Proposed Order Notice of substitution of Counsel Proposed Order) (Bluer, Jennifer)
February 3, 2016 Opinion or Order Filing 32 ORDER GRANTING #31 Motion to Substitute Attorney Notice of Substitution of Counsel. It is ORDERED that the appearance of attorney Jennifer L. Bluer is withdrawn and the appearance of attorney Andre Luby is entered as counsel for the Plaintiff. Signed by Judge Mark R. Hornak on 2/3/16. (bdb)
February 2, 2016 Opinion or Order Filing 31 MOTION to Substitute Attorney Notice of Substitution of Counsel by THOMAS E. PEREZ. (Attachments: #1 Proposed Order) (Luby, Andrea)
January 28, 2016 Opinion or Order Filing 30 ORDER. It is hereby ORDERED that on or before February 26, 2016, both parties shall file their positions and supporting memoranda of law with respect to which issues in the case are to be tried to a jury and which are to be tried by the Court. Signed by Judge Mark R. Hornak on 1/28/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 28, 2016 Opinion or Order Filing 29 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 1/28/16. (Court Reporter: Julie Kienzle) (jad)
December 10, 2015 Opinion or Order Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on Wednesday, November 18, 2015, before Judge Mark R. Hornak. Court Reporter Shirley Hall, Telephone number 412.765.0408. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 12/17/2015. Redaction Request due 12/31/2015. Redacted Transcript Deadline set for 1/11/2016. Release of Transcript Restriction set for 3/9/2016. (sah)
December 3, 2015 Opinion or Order Filing 27 ORDER RESCHEDULING TELEPHONIC STATUS CONFERENCE. The Telephonic Status Conference set for 1/26/16 at 11:00 AM EST is hereby RESCHEDULED for 1/28/16 at 10:00 AM EST before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 12/3/15. (jad)
December 2, 2015 Opinion or Order Filing 26 Notice of Change of Address and Law firm of Attorney Susen Eisenberg by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order) (Eisenberg, Susan) Modified on 12/3/2015. (jv)
November 25, 2015 Opinion or Order Filing 25 ANSWER to #21 Amended Complaint by BRYAN GAUDIN. (Etter, Richard)
November 25, 2015 Opinion or Order Filing 24 ANSWER to #21 Amended Complaint by HOLLAND ACQUISITIONS, INC. (Etter, Richard)
November 19, 2015 Opinion or Order Filing 23 INITIAL CASE MANAGEMENT ORDER. Disclosures pursuant to Fed. R. Civ. Pro. 26(a) shall be made on or before 12/2/15; Joinder of Parties due by 2/4/16; Amended Pleadings due by 12/15/15; Discovery due by 4/18/16; Plaintiff's Expert Reports due by 3/18/16; Defendants' Expert Reports due by 4/19/16; Defendants shall depose Plaintiff's Experts on or before 4/18/16; Plaintiff shall depose Defendants' Experts on or before 5/19/16; Defendants shall file any responsive pleading to Plaintiff's First Amended Complaint on or before 12/1/15; Telephonic Status Conference is SCHEDULED for 1/26/16 at 11:00 AM before Judge Mark R. Hornak; Telephonic Status Conference is SCHEDULED for 3/15/16 at 1:30 PM before Judge Mark R. Hornak; Post-Discovery Status Conference is SCHEDULED for 5/4/16 at 2:30 PM before Judge Mark R. Hornak. Signed by Judge Mark R. Hornak on 11/19/15. (jad)
November 18, 2015 Opinion or Order Filing 22 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Case Management Conference held on 11/18/15. (Court Reporter: Shirley Hall) (jad)
November 13, 2015 Opinion or Order Filing 21 First AMENDED COMPLAINT against All Defendants, filed by THOMAS E. PEREZ. (Bluer, Jennifer)
November 11, 2015 Opinion or Order Filing 20 REPORT of Rule 26(f) Planning Meeting. (Etter, Richard)
November 11, 2015 Opinion or Order Filing 19 STIPULATION selecting ADR process by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Etter, Richard)
November 10, 2015 Opinion or Order Filing 18 SCHEDULING ORDER. The Telephonic Status Conference set for November 18, 2015 at 4:45 PM EST is hereby RESCHEDULED for November 18, 2015 at 1:45 PM EST before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 11/10/15. (bdb) (Main Document #18 replaced on 11/10/2015) (bdb) Modified on 11/10/2015 to correct access code on document. (bdb)
October 29, 2015 Opinion or Order Filing 17 NOTICE of Appearance by Jennifer L. Bluer on behalf of THOMAS E. PEREZ. (Attachments: #1 Proposed Order) (Bluer, Jennifer)
October 28, 2015 Opinion or Order Filing 16 Disclosure Statement identifying Holland Acquisition Corp. as corporate parent or other affiliate, by HOLLAND ACQUISITIONS, INC. (Etter, Richard)
October 27, 2015 Opinion or Order Filing 15 ORDER GRANTING #10 Motion for David J. Drez, III to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/27/15. (jad)
October 27, 2015 Opinion or Order Filing 14 ORDER GRANTING #9 Motion for Jacob Fain to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/27/15. (jad)
October 27, 2015 Opinion or Order Filing 13 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. The Telephonic Initial Case Management Conference will be held on 11/18/15 at 4:45 PM. The Court will initiate the call via the telephone numbers provided on the docket, unless counsel notifies Chambers otherwise. Rule 26(f) Report and stipulation selecting ADR process due on or before 11/11/15. Signed by Judge Mark R. Hornak on 10/27/15. (jad)
October 27, 2015 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #11 Answer to Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 11/3/2015. (jv)
October 26, 2015 Opinion or Order Filing 12 ANSWER to #1 Complaint by BRYAN GAUDIN. (Etter, Richard)
October 26, 2015 Opinion or Order Filing 11 ANSWER to #1 Complaint by HOLLAND ACQUISITIONS, INC. (Etter, Richard)
October 26, 2015 Opinion or Order Filing 10 MOTION for attorney David J. Drez III to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3750383) by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order Pro Hac Vice Motion - Drez) (Drez, David)
October 26, 2015 Opinion or Order Filing 9 MOTION for attorney Jacob T. Fain to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3750332) by BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Attachments: #1 Proposed Order Pro Hac Vice Motion - Fain) (Fain, Jacob)
October 22, 2015 Opinion or Order Filing 8 ORDER GRANTING #7 Motion for Susan N. Eisenberg to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/22/15. (bdb)
October 21, 2015 Opinion or Order Filing 7 MOTION for attorney Susan N. Eisenberg to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3746788) by HOLLAND ACQUISITIONS, INC. (Attachments: #1 Proposed Order) (Eisenberg, Susan)
October 7, 2015 Opinion or Order Filing 6 NOTICE of Appearance by Richard L. Etter on behalf of BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC.. (Etter, Richard)
September 23, 2015 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by THOMAS E. PEREZ. HOLLAND ACQUISITIONS, INC. waiver sent on 8/26/2015, answer due 10/26/2015. (McGraw, Jennifer)
September 23, 2015 Opinion or Order Filing 4 WAIVER OF SERVICE Returned Executed by THOMAS E. PEREZ. BRYAN GAUDIN waiver sent on 8/26/2015, answer due 10/26/2015. (McGraw, Jennifer)
August 24, 2015 Opinion or Order Filing 3 STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Judge Mark R. Hornak on 8/24/15. (bdb)
August 24, 2015 Opinion or Order Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (bdb)
August 20, 2015 Opinion or Order Filing 1 COMPLAINT against BRYAN GAUDIN, HOLLAND ACQUISITIONS, INC. filed by THOMAS E. PEREZ. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (ept)

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Search for this case: STEWART v. GAUDIN
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Plaintiff: R. ALEXANDER ACOSTA
Represented By: Jennifer L. Bluer
Represented By: Jennifer L. McGraw
Represented By: Andrea Christensen Luby
Represented By: John M. Strawn
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Plaintiff: EUGENE SCALIA
Represented By: John M. Strawn
Represented By: Jennifer L. Bluer
Represented By: Andrea Christensen Luby
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Plaintiff: MILTON AL STEWART
Represented By: Andrea Christensen Luby
Represented By: Jennifer L. Bluer
Represented By: John M. Strawn
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Plaintiff: JULIE A SU
Represented By: Andrea Christensen Luby
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Defendant: HOLLAND ACQUISITIONS, INC. a corporation doing business as HOLLAND SERVICES
Represented By: Gretchen Woodruff Root
Represented By: Jacob T. Fain
Represented By: Susan N. Eisenberg
Represented By: David J. Drez, III
Represented By: Richard L. Etter
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Defendant: BRYAN GAUDIN individually, and as a Corporate Officer of HOLLAND ACQUISITIONS, INC., D/B/A HOLLAND SERVICES
Represented By: David J. Drez, III
Represented By: Jacob T. Fain
Represented By: Susan N. Eisenberg
Represented By: Mariah L Passarelli
Represented By: Richard L. Etter
Represented By: Gretchen Woodruff Root
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Intervenor defendant: ROBERT GAUDIN
Represented By: Stephanie R. Reiss
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