REINIG et al v. RBS CITIZENS, N.A.
| ALEX REINIG, KEN GRITZ, BOB SODA, MARY LOU GRAMESKY, PETER WILDER SMITH, WILLIAM KINSELLA, DANIEL KOLENDA, VALERIE DAL PINO, AHMAD NAJI, ROBERT PEDERSON, TERESA FRAGALE, DAVID HOWARD, DANIEL JENKINS and MARK ROSS |
| RBS CITIZENS, N.A. |
| DAVID R. COHEN |
| 2:2015cv01541 |
| November 23, 2015 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Christy Criswell Wiegand |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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Filing 452
NOTICE JOINT REPORT IN COMPLIANCE WITH COURT ORDER by RBS CITIZENS, N.A. re #449 Order, (Hill, Thomas)
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Filing 451
NOTICE Request for Status Conference re: Rule 23(b)(3) Notice to Pennsylvania Class Members by KEN GRITZ, ALEX REINIG, BOB SODA (Boyette, Joshua)
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Filing 450
AMENDED FINAL PRETRIAL ORDER: In light of the Court's Opinion, see ECF No. 448, that has decertified the FLSA collective and consistent with the parties' estimates of necessary trial length at the #432 status conference, the #434 Final Pretrial Order is hereby AMENDED as follows: the parties are allotted six (6) business days for the jury selection and jury trial in this case, which shall begin on 10/30/2023 and conclude by 11/6/2023. All other deadlines in the Final Pretrial Order remain in full force and effect. Signed by Judge Christy Criswell Wiegand on 8/25/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 449
ORDER. IT IS HEREBY ORDERED THAT Plaintiffs' #436 Motion for Reconsideration is GRANTED IN PART and DENIED IN PART, and Citizens' #435 Motion for Reconsideration is GRANTED as more fully set forth in the attached Order. Signed by Judge Christy Criswell Wiegand on 8/25/2023. (bjw)
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Filing 448
OPINION. IT IS HEREBY ORDERED THAT Plaintiffs' #436 Motion for Reconsideration will be GRANTED IN PART and DENIED IN PART, and Citizens' #435 Motion for Reconsideration will be GRANTED for the reasons set forth in said Opinion. Signed by Judge Christy Criswell Wiegand on 8/25/2023. (bjw)
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Filing 447
ORDER. The Court held a telephonic conference to resolve a dispute between the parties. See ECF #446 . Plaintiffs request that witnesses be permitted to testify via video at the upcoming jury trial. Defendant disagrees and asserts that witnesses should be required to testify in person. Plaintiff's request is DENIED, for the reasons set forth on the record, including (1) that Plaintiffs have not identified which specific witnesses they request be permitted to testify by video; (2) Federal Rule of Civil Procedure 43(a) provides that "[a]t trial, the witnesses' testimony must be taken in open court," which courts have interpreted to require testimony be made in-person, and (3) because technological issues that arise when examining witnesses via video can delay the proceedings and make it more difficult for the jury to evaluate witness testimony. If a particular witness has good cause for appearing via video, Plaintiffs are not foreclosed from making a limited request, with specific support, for that witness to appear via video at a later time. Signed by Judge Christy Criswell Wiegand on 8/22/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 446
Minute Entry for Telephonic Dispute Conference held on 8/21/2023 before Judge Christy Criswell Wiegand. (Court Reporter: Karen Early) (bjw)
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Filing 445
ORDER that, in light of the Court having been advised of a dispute regarding whether certain witnesses should be permitted to testify at trial via video, the Court will hold a Telephonic Conference on 8/21/2023 at 11:00 AM. By 8/15/23, each party shall provide the Court with a brief description, not to exceed three (3) pages, of the nature of the dispute that (1) identifies the specific witnesses that would testify via video; (2) explains the reason the parties believe testifying via video / in-person is appropriate under the Federal Rules of Civil Procedure; and (3) provides their requested resolution as to the dispute. Descriptions of the dispute should be emailed to Wiegand_Chambers@pawd.uscourts.gov, copying opposing counsel. Signed by Judge Christy Criswell Wiegand on 8/11/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mfm)
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Filing 444
FIRST AMENDED FINAL PRETRIAL ORDER: Jury Selection and Jury Trial set for 10/30/2023 at 9:00 AM in Courtroom 9B before Judge Christy Criswell Wiegand; Final Pretrial Conference set for 10/20/2023 at 10:00 AM in Courtroom 9B before Judge Christy Criswell Wiegand; Plaintiff's Pretrial Statement and Witness List due by 9/8/2023; Defendants' Pretrial Statement and Witness List due by 9/15/2023; Joint Exhibit List, Designation of Discovery Excerpts, Daubert Motions and Motions in Limine due by 9/22/2023; Response to Motions due by 9/29/2023; Proposed Jury Instructions, Proposed Verdict Slips, Proposed Voir Dire and Joint Stipulations due by 9/22/2023. Signed by Judge Christy Criswell Wiegand on 8/9/2023. (bjw)
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Filing 443
ORDER GRANTING IN PART and DENYING IN PART #441 Unopposed Motion to Extend Time to Certain Pretrial Deadlines by Plaintiffs. Plaintiffs have requested an extension of three weeks for certain pretrial deadlines due to Plaintiff's counsel's upcoming travel. IT IS HEREBY ORDERED THAT the #441 Motion is GRANTED IN PART, such that the parties will receive a partial extension as set forth in the First Amended Final Pretrial Order to follow, but DENIED IN PART, such that the parties will not receive the full requested time period, which would not have provided the Court with sufficient time to address motions in limine in advance of the final pretrial conference. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Christy Criswell Wiegand on 8/9/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 442
Proposed Order re #441 Motion to Extend Time, by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Swidler, Justin)
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Filing 441
Unopposed MOTION to Extend Time to Certain Pretrial Deadlines (while retaining Final Pretrial Conference and Trial Dates) by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Swidler, Justin)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #441 Motion to Extend Time. ERROR: Proposed Order, which is required for all motions in civil cases per Local Rule LCvR7, 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. (keh)
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Filing 440
RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR RECONSIDERATION OF AUGUST 2017 SUMMARY JUDGMENT ORDER to #436 Motion for Reconsideration filed by RBS CITIZENS, N.A. (Hill, Thomas)
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Filing 439
BRIEF in Opposition re #435 Second MOTION re #111 MOTION to Decertify FLSA Collective Action filed by VALERIE DAL PINO, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit A - Declaration of Joshua Boyette, Esq., #2 Exhibit A-1 - Steinfeld Opt-Ins, #3 Exhibit A-2 - Carter Opt-Ins) (Boyette, Joshua) Modified text on 8/4/2023. (keh)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #435 Motion to Decertify FLSA Collective Action, #436 Motion for Reconsideration. ERROR: Documents should have been filed as two separate documents. CORRECTION: Attorney advised in future that Motions and Briefs in Support are to be filed as separate documents. Clerk of Court docketed Briefs in Support at #437 and #438 . This message is for informational purposes only. (keh)
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Filing 438
BRIEF in Support re #436 Motion for Reconsideration, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (keh)
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Filing 437
BRIEF in Support re #435 Second Motion to Decertify FLSA Collective Action, filed by RBS CITIZENS, N.A. (keh)
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Filing 436
MOTION for Reconsideration re #216 Order on Motion for Partial Summary Judgment, Order on Motion to Certify Class, Order on Motion to Decertify the FLSA Collective Action, Order on Motion for Summary Judgment, by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Memorandum of Law, #2 Exhibit A - Declaration of Jo Higdon, #3 Exhibit B - Declaration of Joshua Boyette, #4 Exhibit B-1 - Communication from Samuel Stone, #5 Exhibit B-2 - Summary of Kerick Pay Data, #6 Proposed Order) (Boyette, Joshua). Memorandum of Law removed from public view and refiled at #438 . Modified text on 7/24/2023. (keh)
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Filing 435
Second MOTION re #111 MOTION to Decertify FLSA Collective Action filed by RBS CITIZENS, N.A. by RBS CITIZENS, N.A. (Attachments: #1 Memorandum of Law ISO Defendant's Second Renewed Motion to Decertify the FLSA Collective, #2 Proposed Order) (Hill, Thomas) Memorandum of Law removed from view and redocketed at #437 . Modified text on 7/24/2023. (keh)
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Filing 434
FINAL PRETRIAL ORDER: Jury Selection and Jury Trial set for 10/30/2023 at 9:00 AM in Courtroom 9B before Judge Christy Criswell Wiegand; Final Pretrial Conference set for 10/20/2023 at 10:00 AM in Courtroom 9B before Judge Christy Criswell Wiegand; Plaintiff's Pretrial Statement and Witness List due by 8/25/2023; Defendants' Pretrial Statement and Witness List due by 9/1/2023; Joint Exhibit List, Designation of Discovery Excerpts, Daubert Motions and Motions in Limine due by 9/8/2023; Response to Motions due by 9/15/2023; Proposed Jury Instructions, Proposed Verdict Slips, Proposed Voir Dire and Joint Stipulations due by 9/8/2023. Signed by Judge Christy Criswell Wiegand on 7/5/2023. (jmm)
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Filing 433
ORDER regarding additional motions practice and judicial mediation. Both parties have requested the opportunity to an additional motion, in the vein of a motion for reconsideration, before the case proceeds to trial. Specifically, Defendant requests permission to file, under Fed. R. Civ. P. 54(b), a renewed motion to decertify the FLSA collective. Plaintiff requests to file a motion to reconsider the court's prior ruling on the recapture claim, either pursuant to Fed. R. Civ. P. 59(e ) or 54. IT IS HEREBY ORDERED THAT each party is permitted to file their requested motion, only. Briefs in support and opposition are limited to ten pages, double-spaced. The parties are advised that they must articulate which specific rule of civil procedure serves as the proper basis for their motion, the applicable legal standard, and why they believe their motion is meritorious under that standard. Each side's motion and brief in support is due 7/21/2023; and each side's response in opposition is due 8/4/2023. IT IS FURTHER ORDERED THAT, within three (3) business days of the Court's resolution of said motion(s), the parties shall file a joint notice indicating whether the parties do or do not want to participate in a judicial settlement conference with a federal Judge in the Western District of Pennsylvania, other than the undersigned, to preserve the undersigned's ability to preside over the case in her capacity as a fact-finder, if necessary. Signed by Judge Christy Criswell Wiegand on 7/5/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 432
Minute Entry for Post-Expert Discovery Status Conference before Judge Christy Criswell Wiegand held on 7/5/2023. (Court Reporter: None) (jmm)
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Filing 431
ORDER. In light of the parties advising the Court that their discovery dispute has been resolved, the discovery dispute telephone conference currently set for 6/26/2023 date is CANCELLED. Signed by Judge Christy Criswell Wiegand on 6/21/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 430
ORDER that, in light of the Court having been advised of a discovery dispute, the Court will hold a Telephonic Conference on 6/26/2023 at 1:00 PM. On or before 2:00 PM on 6/22/2023 each party shall provide for the Court with a brief description, not to exceed three (3) pages, of the nature of the discovery dispute and their requested resolution as to the dispute, so that the Court may discuss the issues with the parties during the 6/26/2023 conference. Descriptions of the discovery dispute should be emailed to Wiegand_Chambers@pawd.uscourts.gov, copying opposing counsel. Signed by Judge Christy Criswell Wiegand on 6/21/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 429
ORDER GRANTING #428 Unopposed Motion for Extension of Time to Complete Discovery by ALEX REINIG. IT IS HEREBY ORDERED THAT the #413 Order, as amended by 415 , 418 , 422 , 425 and 427 Orders, is further AMENDED as follows: Plaintiffs' Expert Disclosures due by 5/12/2023; Defendant's Expert Disclosures due by 6/5/2023; Expert Discovery due by 6/27/2023; Confidential Position Papers due by 6/29/2023; The Post-Expert Discovery Status Conference currently set for 6/20/2023, is RESCHEDULED for 7/5/2023 at 10:00 AM via telephonic conference before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 4/26/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 428
Unopposed MOTION for Extension of Time to Complete Discovery by ALEX REINIG. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 427
ORDER GRANTING #424 Motion to Extend Time to Complete Supplemental Discovery by ALEX REINIG. IT IS HEREBY ORDERED THAT the #413 Order, as amended by 415 & 418 Orders, is further AMENDED as follows: Defendant's production of the outstanding pay data described in paragraph 8 in said motion due by 4/12/2023; Plaintiffs' Expert Disclosures due by 4/28/2023; Defendant's Expert Disclosures due by 5/22/2023; Expert Discovery due by 6/13/2023; Confidential Position Papers due by 6/13/2023; The Post-Expert Discovery Status Conference currently set for 6/1/2023, is RESCHEDULED for 6/20/2023 at 11:30 AM via telephonic conference before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 4/13/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 426
RESPONSE to Motion re #424 MOTION to Extend Time to Complete Supplemental Discovery filed by RBS CITIZENS, N.A. (Hill, Thomas)
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Filing 425
ORDER re #424 Motion to Extend Time to Complete Supplemental Discovery by ALEX REINIG. IT IS HEREBY ORDERED THAT Defendant RBS CITIZENS, N.A. shall respond to Plaintiffs' #424 Motion on or before 4/11/2023. Signed by Judge Christy Criswell Wiegand on 4/7/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 424
MOTION to Extend Time to Complete Supplemental Discovery by ALEX REINIG. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 423
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Discovery Dispute held on December 13, 2022 before Judge Christy Criswell Wiegand. Court Reporter Deborah Ann Betzler, Telephone number 412-330-1365. Tape Number: debbetz917@gmail.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 3/1/2023. Redaction Request due 3/15/2023. Redacted Transcript Deadline set for 3/27/2023. Release of Transcript Restriction set for 5/23/2023. (dab)
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Filing 422
ORDER GRANTING #421 Unopposed Motion to Modify CMO and Extend Discovery Deadlines by RBS CITIZENS, N.A. IT IS HEREBY ORDERED THAT the deadlines in the 420 Order are FURTHER AMENDED as follows: Defendant's updated commissions data as described in para. 6 of the #421 Motion due by 2/22/2023; Plaintiffs Expert Disclosures due by 4/15/2023; Defendants Expert Disclosures due by 5/8/2023; Expert Discovery to be completed by 5/30/2023; Confidential Position Papers due by 5/30/2023; Post-Expert Discovery Status Conference currently set for 4/14/2023 is now RESCHEDULED for 6/1/2023 at 9:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 2/8/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 421
Unopposed MOTION to Modify CMO & Extend Discovery Deadlines 418 Order, Set Hearings, by RBS CITIZENS, N.A. (Attachments: #1 Proposed Order) (Hill, Thomas) Modified text on 2/8/2023. (keh)
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Filing 420
ORDER re #419 Notice Request to Amend Discovery Deadlines by Plaintiffs. In light of Plaintiffs' #419 Notice that Plaintiffs would have 45 days after receiving all outstanding discovery on 1/15/2023 to submit their Expert Disclosures, IT IS HEREBY ORDERED THAT the deadlines in the 418 Order are amended as follows: Plaintiffs' Expert Disclosures due by 3/1/2023; Defendants' Expert Disclosures due by 3/22/2023; Expert Discovery to be completed by 4/12/2023; Confidential Position Papers due by 4/12/2023; Post-Expert Discovery Status Conference, currently set for 3/17/2023 is RESCHEDULED for 4/14/2023 at 9:30 AM via Telephonic Conference before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 1/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 419
NOTICE Request to Amend Order re: Supplemental Expert Report Deadline by KEN GRITZ, ALEX REINIG, BOB SODA re #417 Discovery Hearing, 418 Order, Set Hearings, (Attachments: #1 Exhibit A - Transcript Excerpts of 12.13. Hearing) (Boyette, Joshua)
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Filing 418
ORDER re 416 DISCOVERY DISPUTE. The Court held a telephonic discovery dispute conference with the parties on 12/13/2022. As stated more fully on the record during that conference, IT IS HEREBY ORDERED THAT as to Issue (1) the scope of discovery permitted under the #413 Case Management Order, the Court notes that fact discovery in this case, which was presided over by Judge Schwab, closed in March 2017. This Court's #413 July 2022 Order authorized a brief supplemental period of discovery so that Plaintiffs could request updates to any productions provided prior to the close of discovery in March of 2017. The Court's July 2022 order does not permit a general re-opening of discovery. And to the extent that Plaintiffs' Interrogatories or Requests for Productions ask for information that was requested prior to March 2017 and which was not produced by Defendant and which Plaintiff did not move to compel prior to the close of the 2017 discovery period, Plaintiffs are foreclosed from seeking that information now. IT IS FURTHER ORDERED THAT as to Issue (2) updates to the ESI that were produced prior to the close of discovery, Defendant shall provide Plaintiffs with updated spreadsheets containing pay and wage information for RFPs 1-3 by 1/15/2023. IT IS FURTHER ORDERED THAT as to Issue (3) Defendant's supplemental Rule 26 disclosures, the Court considers this issue resolved per Defendant's representation that it had previously provided these names to Plaintiffs. IT IS FURTHER ORDERED THAT the deadlines in the #413 Order are amended as follows: Plaintiffs' Expert Disclosures due by 2/1/2023; Defendants' Expert Disclosures due by 2/22/2023; Expert Discovery to be completed by 3/14/2023; Confidential Position Papers due by 3/14/2023; Post-Expert Discovery Status Conference is set for 3/17/2023 at 10:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 12/14/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 417
Minute Entry for Discovery Dispute Conference before Judge Christy Criswell Wiegand held on 12/13/2022. (Court Reporter: Deborah Betzler) (jmm)
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Filing 416
ORDER that, in light of the Court having been advised of a discovery dispute, the Court will hold a Telephonic Conference on 12/13/2022 at 10:00 AM. On or before 12/6/2022 each party shall provide for the Court with a brief description, not to exceed three (3) pages, of the nature of the discovery dispute and their requested resolution as to the dispute, so that the Court may discuss the issues with the parties during the 12/13/2022 conference. Descriptions of the discovery dispute should be emailed to Wiegand_Chambers@pawd.uscourts.gov, copying opposing counsel. Signed by Judge Christy Criswell Wiegand on 11/29/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 415
ORDER GRANTING #414 Consent Motion to Modify #413 Case Management Order, Motion to Extend Time to Complete Supplemental Discovery by KEN GRITZ, ALEX REINIG, BOB SODA. IT IS HEREBY ORDERED THAT the #413 Case Management Order is AMENDED as follows: Supplemental Fact Discovery due by 11/25/2022; Plaintiffs' Expert Disclosures due by 12/16/2022; Defendant's Expert Disclosures due by 1/6/2023; Expert Discovery to be completed by 1/27/2023; Confidential Position Papers due by 1/30/2023; Post-Expert Discovery Status Conference currently set for 12/5/2022 is now RESCHEDULED for 2/2/2023 at 9:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 9/27/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 414
Consent MOTION to Modify #413 Case Management Order, MOTION to Extend Time to Complete Supplemental Discovery by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 413
CASE MANAGEMENT ORDER: Any Supplemental Fact Discovery due by 9/26/2022; Plaintiffs' Expert Disclosures due by 10/17/2022; Defendant's Expert Disclosures due by 11/7/2022; Expert Discovery to be completed by 11/28/2022; Confidential Position Papers due by 11/30/2022; Post-Expert Discovery Status Conference set for 12/5/2022 at 1:00 PM via Telephonic Conference before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 7/27/2022. (jmm)
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Filing 412
Order re #411 Status Report. In the parties' #411 Status Report, Defendant states that it "intends s to file a Renewed Motion for Decertification of the FLSA Collective." Before this case was transferred to the undersigned, the Court denied, without prejudice, Defendant's #268 MOTION To Decertify the FLSA Collective Action. See ECF No. 283. Given that, as Defendant points out, a district court may revisit certification of an FLSA collective at any time up to the entry of final judgment, see ECF No. 411 at 2, the Court is not inclined to revisit certification of the FLSA collective at this time. As such, to the extent the Status Report is construed as a request for leave to file a renewed motion for decertification, such request is denied without prejudice. Likewise, because the parties maintain that some additional period of fact and expert discovery is needed, the Court is not inclined at this time to rule on Plaintiffs' request to bifurcate trial of this case. The Court will issue an appropriate order setting deadlines for supplemental fact discovery and expert discovery, and will entertain renewed requests to file the aforementioned motions following the close of all discovery. Signed by Judge Christy Criswell Wiegand on 7/27/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 411
STATUS REPORT by RBS CITIZENS, N.A. (Hill, Thomas)
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Filing 410
ORDER re #277 Motion to Certify Class filed by ALEX REINIG. IT IS HEREBY ORDERED THAT Plaintiffs' #277 Renewed Motion for Class Certification is DENIED. IT IS FURTHER ORDERED THAT the parties shall meet and confer and, on or before 7/26/2022, file a joint status report addressing the following: (1) Case Management Deadlines; (2) Mediation; (3) Appeal of the Order Denying Class Certification as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 7/12/2022. (jmm)
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Filing 409
OPINION re #277 Motion to Certify Class pursuant to Rule 23(b)(3) filed by ALEX REINIG. Plaintiffs' Renewed Motion for Class Certification will be DENIED for the reasons set forth in said opinion. Signed by Judge Christy Criswell Wiegand on 7/12/2022. (jmm)
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Filing 408
ORDER re #407 Motion for Leave to File Response to Sur-Reply. Plaintiffs' Motion is hereby GRANTED. No further briefing on Plaintiffs' Renewed Motion for Class Certification will be permitted. Signed by Judge Christy Criswell Wiegand on 3/10/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 407
MOTION for Leave to File Response to Sur-Reply by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit A - Proposed Response, #2 Proposed Order) (Boyette, Joshua)
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Filing 406
ORDER STRIKING #405 Response. Plaintiffs did not seek leave of Court prior to filing their Response, as required by both the undersigned's Practices & Procedures, section II.D, and the Post-Hearing Order. See ECF No. 376. Accordingly, Plaintiffs' Response is hereby STRICKEN. No additional briefing related to Plaintiffs' Renewed Motion for Class Certification will be permitted without prior leave of Court. Signed by Judge Christy Criswell Wiegand on 3/9/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (htm)
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Filing 405
RESPONSE to #404 Sur-Reply Brief, filed by KEN GRITZ, ALEX REINIG, BOB SODA. (Boyette, Joshua) Modified text to hide document from public view per Order at ECF No. 406 on 3/9/2022. (jmm)
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Filing 404
Sur-Reply Brief IN FURTHER OPPOSITION TO PLAINTIFFS' RENEWED MOTION FOR RULE 23 CLASS CERTIFICATION at #277 filed by RBS CITIZENS, N.A. (Tellado, Christina) Modified text to add link on 3/22/2022. (keh)
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Filing 403
ORDER GRANTING #402 Motion for Leave to File Surreply by RBS CITIZENS, N.A. IT IS HEREBY ORDERED that Defendant shall file its surreply to Plaintiff's #401 Reply brief by 3/3/2022, not to exceed ten pages double-spaced. Signed by Judge Christy Criswell Wiegand on 2/24/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 402
MOTION for Leave to File Surreply by RBS CITIZENS, N.A. (Attachments: #1 Proposed Order) (Brown, Valerie)
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Filing 401
REPLY BRIEF re #393 Proposed Findings of Fact, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, BOB SODA. (Boyette, Joshua)
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Filing 400
ORDER re #399 Motion for Leave to File Reply Brief. Plaintiffs' Motion is hereby GRANTED. Plaintiffs may file a Reply Brief of no more than ten (10) pages, double-spaced. Plaintiffs' Reply Brief shall be filed on or before 2/17/2022. Signed by Judge Christy Criswell Wiegand on 2/7/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 399
MOTION for Leave to File Reply Brief by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 398
BRIEF in Opposition re #277 Motion to Certify Class filed by RBS CITIZENS, N.A. (Hill, Thomas)
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Filing 397
RESPONSE IN OPPOSITION to #393 Plaintiff's Proposed Findings of Fact filed by RBS CITIZENS, N.A. (Attachments: #1 Declaration) (Brown, Valerie) Modified text on 2/4/2022 to add link. (keh)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #393 Proposed Findings of Fact. 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. This message is for informational purposes only. (keh)
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Filing 396
BRIEF in Support of #393 Proposed Findings of Fact, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (keh)
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Filing 395
ORDER re #394 Nunc Pro Tunc Motion by ALEX REINIG. Plaintiffs' request, nunc pro tunc, (1) a one day extension (to today, 1/13/2022) of the filing deadline for their proposed findings of fact and brief in support of class certification and (2) leave to file a brief in support of up to 35 pages in length. Plaintiffs' Motion is hereby GRANTED. IT IS FURTHER ORDERED that (1) Defendant's deadline to file its proposed findings of fact and brief in opposition to class certification is also extended by one day, to 2/3/2022, and (2) Defendant may file a brief in opposition of up to 35 pages in length. Accordingly, Plaintiffs' #392 Unopposed Motion for Leave to File Excess Pages is hereby DENIED AS MOOT. Signed by Judge Christy Criswell Wiegand on 1/13/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 394
Nunc Pro Tunc MOTION to Extend Time to File Proposed Findings Fact and Brief, Amended MOTION for Leave to File Excess Pages by ALEX REINIG. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 393
Proposed Findings of Fact and Conclusions of Law by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Brief in Support of Proposed Findings of Fact, #2 Exhibit 1 - CITIZENS_ESI00189320.txt, #3 Exhibit 2 - CITIZENS_ESI00195222) (Boyette, Joshua) Brief in Support removed from public view and refiled at #396 . Modified text on 1/14/2022. (keh)
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Filing 392
Unopposed MOTION for Leave to File Excess Pages on Supporting Briefs by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, BOB SODA. (Attachments: #1 Proposed Order) (Swidler, Justin)
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Filing 391
ORDER GRANTING #390 Motion to Extend Time to File Proposed Findings Fact and Brief by Two Days by ALEX REINIG. IT IS HEREBY ORDERED that #376 Order is amended as following: Plaintiffs' Proposed Findings of Fact due by 1/12/2022; Defendant's Counter-Findings of Facts due by 2/2/2022. Signed by Judge Christy Criswell Wiegand on 1/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 390
MOTION to Extend Time to File Proposed Findings Fact and Brief by Two Days by ALEX REINIG. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 389
SEALED DOCUMENT by RBS CITIZENS, N.A. This document Sealed pursuant to #386 Memorandum Opinion and Order. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 9, #5 Exhibit 11, #6 Exhibit 19, #7 Exhibit 23, #8 Exhibit 27) (keh)
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Filing 388
DESIGNATION of Deposition Excerpts to be offered at trial by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit 1 - Creamans, George REDACTED, #2 Exhibit 2 - DalPino, Valerie REDACTED, #3 Exhibit 3 - Gramesty, Mary Lou REDACTED, #4 Exhibit 4 - Fiorello, Marina REDACTED, #5 Exhibit 5 - Fragale Teresa, #6 Exhibit 6 - Gritz, Ken, #7 Exhibit 7 - Gundlach, Chace, #8 Exhibit 8 - Heydon, Larry, #9 Exhibit 9 - Howard, David REDACTED, #10 Exhibit 10 - Karametros, Konstantinos, #11 Exhibit 11 - Kolenda, Daniel REDACTED, #12 Exhibit 12 - Kuhn, Tad, #13 Exhibit 13 - Kullman, Lowell, #14 Exhibit 14 - Mathieson, Dean, #15 Exhibit 15 - McNally, Andrew, #16 Exhibit 16 - Monbouquette, Nancy, #17 Exhibit 17 - Naji, Ahmad, #18 Exhibit 18 - Ocko, Bruce, #19 Exhibit 19 - Pedersen, Robert REDACTED, #20 Exhibit 20 - Pool, Raymond, #21 Exhibit 21 - Reinig, Alex, #22 Exhibit 22 - Richardson, Clare, #23 Exhibit 23 - Roach, Cheryl REDACTED, #24 Exhibit 24 - Soda, Robert, #25 Exhibit 25 - Sutton, Robert, #26 Exhibit 26 - Charles Schwartz, James, #27 Exhibit 27 - Waterhouse, Carol REDACTED, #28 Exhibit 28 - Ziminsky, William) (Tellado, Christina)
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Filing 387
DESIGNATION of Deposition Excerpts to be offered at trial by ALEX REINIG. (Attachments: #1 Exhibit A - Alex Reinig, #2 Exhibit B - Valerie Dal Pino, #3 Exhibit C - Robert Pedersen, #4 Exhibit D - Mary Lou Gramesty, #5 Exhibit E - Cheryl Roach, #6 Exhibit F - Marina Fiorello, #7 Exhibit G - Larry Heydon, #8 Exhibit H - David Howard, #9 Exhibit I - Daniel Kolenda, #10 Exhibit J - Ahmad Naji, #11 Exhibit K - William Kinsella, #12 Exhibit L - Teresa Fragale, #13 Exhibit M - Konstantinos Karametros, #14 Exhibit N - Clare Richardson, #15 Exhibit O - Carol Waterhouse, #16 Exhibit P - William Ziminsky, #17 Exhibit Q - George Cremeans, #18 Exhibit R - Peter Smith, #19 Exhibit S - Jim Schwartz, #20 Exhibit T - Dean Mathieson, #21 Exhibit U - Nancy Monbouquette, #22 Exhibit V - Matthew Egan, #23 Exhibit W - Jill Allen, #24 Exhibit X - Joseph Boynton, #25 Exhibit Y - Lowell Kullman, #26 Exhibit Z - Tad Kuhn, #27 Exhibit AA - Bruce Ocko, #28 Exhibit BB - Edwin Negron, #29 Exhibit CC - Chace Gundlach, #30 Exhibit DD - Robb Sutton) (Boyette, Joshua)
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Filing 386
MEMORANDUM OPINION AND ORDER re #385 Motion for Leave to File Documents Under Seal filed by RBS CITIZENS, N.A. IT IS HEREBY ORDERED that Defendant's #385 Motion is GRANTED IN PART and DENIED IN PART. RBS CITIZENS, N.A. shall redact from the deposition transcript excerpts filed on the public docket only personal identifying and personal financial information. Unredacted versions should be submitted separately to the Court as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 12/22/2021. (jmm)
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Filing 385
MOTION for Leave to File Documents Under Seal by RBS CITIZENS, N.A.. (Attachments: #1 Order) (Tellado, Christina)
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Filing 384
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 9, 2021 before Judge Christy Criswell Wiegand. Court Reporter Amanda M. Williamson, E-mail: awilliamson2232@gmail.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 12/27/2021. Redaction Request due 1/10/2022. Redacted Transcript Deadline set for 1/20/2022. Release of Transcript Restriction set for 3/21/2022. (amw)
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Filing 383
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 8, 2021 before Judge Christy Criswell Wiegand. Court Reporter Amanda M. Williamson, E-mail: awilliamson2232@gmail.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 12/27/2021. Redaction Request due 1/10/2022. Redacted Transcript Deadline set for 1/20/2022. Release of Transcript Restriction set for 3/21/2022. (amw)
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Filing 382
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 7, 2021 before Judge Christy Criswell Wiegand. Court Reporter Amanda M. Williamson, E-mail: awilliamson2232@gmail.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 12/27/2021. Redaction Request due 1/10/2022. Redacted Transcript Deadline set for 1/20/2022. Release of Transcript Restriction set for 3/21/2022. (amw)
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Filing 381
Exhibit List of Parties Post Evidentiary Hearing by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 380
ORDER re #376 Post-Hearing Filings. Pursuant to the Court's Post-Hearing Order, ECF No. 376, the parties are to file (1) "a final designation of excerpts from depositions offered at the hearing (including any excerpts identified but not read or played into the record at the hearing)" and (2) "a written transcript of each deposition excerpt designated by that party as a separate exhibit to that party's final list of designations." Separately, each party is also to submit to chambers, "on CD or flash drive, any video deposition excerpts played during the hearing." It appears to the Court that Defendant has attempted to file its deposition transcript excerpts under seal. See ECF No. 379 ("Concurrently filed under seal herewith as Exhibits 'A' through 'BB' are true and correct copies of written transcripts of the designations set forth below, marked as 'Confidential' in accordance with the Stipulated Confidentiality and Protective Order dated February 3, 2016 entered by the Court."). Pursuant to that Stipulated Confidentiality and Protective Order, "[i]n the event that any party wishes to submit Confidential Information to the Court, such party shall follow the procedures prescribed by the Court, including seeking leave of Court in order to file any such Material under seal." ECF No. 29 at para. 18. And, pursuant to this District's standing order regarding confidentiality and protective orders, "for Confidentiality or Protective Orders filed on or after July 1, 2005, the Court will not recognize any provision of said orders which allow for the automatic sealing of documents" and "parties wishing to file documents under seal must obtain prior leave of Court for each document that is requested to be filed under seal." 2:05-MC-00045-DWA (available at: https://www.pawd.uscourts.gov/sites/pawd/files/general-ordes/05-45%20Sealed% 20Docs.pdf). Defendant did not seek prior leave to file any documents under seal. Accordingly, Defendant's Designation of Deposition Excerpts, ECF No. 379, is hereby STRICKEN. To the extent either party wishes to file any documents under seal, prior leave to do so must be sought and any such motion must state the grounds that warrant sealing. See In re Avandia, 924 F.3d 662, 672 (3d Cir. 2019) (finding that, pursuant to the common law presumption in favor of public access to judicial materials, "[t]he party seeking to overcome the presumption of access bears the burden of showing 'that the interest in secrecy outweighs the presumption'" and "'that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.'") (quoting Bank of Am. Nat'l Trust & Sav. Ass'n v. Hotel Rittenhouse Assocs., 800 F.2d 339, 344 (3d Cir. 1986) and Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994)). In light of the foregoing, IT IS HEREBY ORDERED that the deadline for the parties' deposition designations, deposition transcript excerpts, and separate submission of video clips, originally set for 12/17/2021, is EXTENDED to 12/23/2021. Signed by Judge Christy Criswell Wiegand on 12/17/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 379
DESIGNATION of Deposition Excerpts to be offered at trial by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A - George Cremeans, #2 Exhibit B - Valerie Del Pino, #3 Exhibit C - Marina Fiorello, #4 Exhibit D - Teresa Fragale, #5 Exhibit E - Marylou Gramesty, #6 Exhibit F - Ken Gritz, #7 Exhibit G - Chace Gundlach, #8 Exhibit H - Larry Heydon, #9 Exhibit I - David Howard, #10 Exhibit J - Konstantinos Karamentros, #11 Exhibit K - Daniel Kolenda, #12 Exhibit L - Tad Kuhn, #13 Exhibit M - Lowell Kullman, #14 Exhibit N - Dean Mathieson, #15 Exhibit O - Andrew McNally, #16 Exhibit P - Nancy Monbouquette, #17 Exhibit Q - Ahmad Naji, #18 Exhibit R - Bruce Ocko, #19 Exhibit S - Robert Pedersen, #20 Exhibit T - Raymond Pool, #21 Exhibit U - Alex Reinig, #22 Exhibit V - Clare Richardson, #23 Exhibit W - Cheryl Roach, #24 Exhibit X - Jim Schwartz, #25 Exhibit Y - Bob Soda, #26 Exhibit Z - Robert Sutton, #27 Exhibit AA - Carol Waterhouse, #28 Exhibit BB - William Ziminsky) (Tellado, Christina)
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Filing 378
WITNESS LIST for Evidentiary Hearing held on 12/7/2021 - 12/9/2021. (jmm)
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Filing 377
EXHIBIT LIST for Evidentiary Hearing held on 12/7/2021 - 12/9/2021. (jmm)
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Filing 376
ORDER. IT IS HEREBY ORDERED as follows: Parties' Joint Notice re Exhibits and Deposition Designations due by 12/17/2021; Plaintiffs' Proposed Findings of Fact due within 21 days of the hearing transcript being filed; Defendant's Counter-Findings of Fact due within 21 days of Plaintiff's Proposed Findings of Fact being filed as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 12/10/2021. (jmm)
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Filing 375
ORDER that the transcript of the evidentiary hearing held on December 7, 8 and 9, 2021 shall be produced forthwith, and the costs of said transcription shall be paid by the parties, 50% by Plaintiffs and 50% by Defendant. Signed by Judge Christy Criswell Wiegand on 12/10/2021. (jmm)
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Filing 374
Minute Entry for Evidentiary Hearing before Judge Christy Criswell Wiegand held on 12/9/2021. (Court Reporter: Amanda Williamson) (jmm)
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Filing 373
Errata re #356 Designation of Deposition Excerpts by RBS CITIZENS, N.A.. Reason for Correction: Revised page and line numbers set forth in Defendants Designations of Discovery Excerpts regarding Plaintiff Mary Lou Gramestys designations. (Tellado, Christina)
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Filing 372
Minute Entry for Evidentiary Hearing held before Judge Christy Criswell Wiegand on 12/8/2021. (Court Reporter: Amanda Williamson) (jmm)
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Filing 371
Minute Entry for Evidentiary Hearing before Judge Christy Criswell Wiegand held on 12/7/2021. (Court Reporter: Amanda Williamson) (jmm)
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Filing 370
Errata re #356 Designation of Deposition Excerpts by ALEX REINIG. Reason for Correction: Plaintiffs' Designations of Deposition Testimony. (Boyette, Joshua)
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Filing 369
Errata re #356 Designation of Deposition Excerpts by RBS CITIZENS, N.A.. Reason for Correction: Revise Page:Line Numbers and Remove Clips Present in Defendant's Designations Which Have Already Been Submitted into Evidence by Plaintiffs. (Hill, Thomas)
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Filing 368
Errata re #356 Designation of Deposition Excerpts by ALEX REINIG. Reason for Correction: Plaintiffs' Designations of Deposition Testimony. (Boyette, Joshua)
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Filing 367
ORDER re Case Caption. The docket in this case identifies Defendant as "RBS CITIZENS, N.A." The Court notes, however, that in its Witness List and Offers of Proof, ECF No. 354, for example, Defendant identifies itself as "Defendant Citizens Bank, N.A. (incorrectly sued as RBS Citizens, N.A., and hereinafter referred to as 'Citizens' or 'Defendant')." Accordingly, the parties are hereby ordered to meet and confer regarding the correct name for Defendant and, if appropriate, file a consent motion to modify the case caption. Signed by Judge Christy Criswell Wiegand on 12/6/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 366
MEMORANDUM OPINION AND ORDER. IT IS HEREBY ORDERED that Plaintiff's #358 Motion to Strike Defendant's Undisclosed Witnesses is GRANTED. IT IS FURTHER ORDERED that the following witnesses are stricken from Defendant's #354 Witness List, and will not be permitted to testify at the Rule 23 hearing: Tom Coronato, Mark Johnson, Sonu Mittal, Brian Reed, and Jeffrey Shoemaker. Signed by Judge Christy Criswell Wiegand on 12/3/2021. (jmm)
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Filing 365
DESIGNATION of Deposition Excerpts to be offered at trial by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 364
Order re Evidentiary Hearing beginning on 12/7/2021. IT IS HEREBY ORDERED that counsel for the parties shall ensure that any witness who will be testifying by video as opposed to in person, must be connected to Wi-Fi when testifying to ensure a stable connection. IT IS FURTHER ORDERED that counsel shall ensure that any witness who will be testifying by video as opposed to in person is capable of testifying effectively by video, including being able to adequately view exhibits shown to them either on direct examination or on cross examination. Counsel are responsible for ensuring that each witness can view documents by screen-sharing, or if not, that any and all documents the witness will be asked to view either on direct or cross examination are sent to the witness in advance and have been received by the witness. Signed by Judge Christy Criswell Wiegand on 12/3/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 363
ORDER GRANTING #362 Motion for Samuel J. Stone to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 12/1/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 362
MOTION for attorney Samuel J. Stone to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6829357) by RBS CITIZENS, N.A.. (Attachments: #1 Affidavit of Samuel J. Stone in Support of Application to Appear Pro Hac Vice, #2 Proposed Order Granting Application to Appear Pro Hac Vice) (Stone, Samuel)
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Filing 361
BRIEF in Opposition re #358 Motion to Strike, Defendant's Undisclosed Witnesses filed by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 359
ORDER re #358 Motion to Strike Witness List. Defendant shall file a response to Plaintiffs' Motion, not to exceed 10 pages, by noon (12:00 p.m. ET) on 11/30/2021. Signed by Judge Christy Criswell Wiegand on 11/26/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (htm)
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Filing 360
BRIEF in Support re #358 Motion to Strike filed by ALEX REINIG. (keh)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #358 Motion to Strike. 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 at #360 . This message is for informational purposes only. (keh)
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Filing 358
MOTION to Strike #354 Witness List by ALEX REINIG. (Attachments: #1 Brief, #2 Proposed Order) (Boyette, Joshua) Brief in Support removed from public view and refiled as a main document at #360 . Modified text on 11/26/2021. (keh)
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Filing 357
STIPULATION OF FACT by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 356
DESIGNATION of Deposition Excerpts to be offered at trial by RBS CITIZENS, N.A. (Hill, Thomas) Removed from public view and refiled as an Errata at #368 , #369 , #370 , #373 . Modified text on 12/7/2021, 12/9/2021, 12/10/2021 to add links to Erratas. (keh)
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Filing 355
Exhibit List by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 354
Witness List by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 353
Witness List by ALEX REINIG. (Boyette, Joshua)
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Filing 352
ORDER re #351 Notice (Joint) re Appearance of Witnesses By Videoconference. Federal Rule of Civil Procedure 43(a) provides, with respect to trial testimony, that "[f]or good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location." Rule 45(c) states that "[a] subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state where the person resides, is employed, or regularly transacts business in person, if the person (i) is a party or a party's officer; or (ii) is commanded to attend a trial and would not incur substantial expense." Having reviewed the Notice submitted by the parties, the Court ORDERS as follows: (1) in light of the ongoing COVID-19 pandemic and pursuant to Federal Rule of Civil Procedure 43(a), any witness may appear by videoconference or in person, subject to any objections that otherwise may apply to a witness's testimony; and (2) neither party may compel a witness to testify via video conference if that party would not otherwise be able to compel that witness to appear and testify in person under Federal Rule of Civil Procedure 45(c). Signed by Judge Christy Criswell Wiegand on 10/28/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 351
NOTICE (JOINT) RE APPEARANCE OF WITNESSES BY VIDEOCONFERENCE by RBS CITIZENS, N.A. re #350 Order,, Set Trial Management Order Deadlines,, Set Hearings, (Hill, Thomas)
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Filing 350
PREHEARING ORDER. IT IS HEREBY ORDERED as follows: Evidentiary Hearing set for 12/7/2021 at 9:00 AM in Courtroom 9B before Judge Christy Criswell Wiegand; Joint Notice re Witnesses' Appearance via Videoconference due by 10/26/2021; Plaintiffs' Witness List due by 11/2/2021; Defendant's Witness List due by 11/16/2021; Joint Exhibit List, Designation of Discovery Excerpts and Joint Stipulation due by 11/23/2021. Signed by Judge Christy Criswell Wiegand on 10/19/2021. (jmm)
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Filing 349
Minute Entry for proceedings held before Judge Christy Criswell Wiegand: Telephonic Status Conference held on 10/19/2021. (Court Reporter: None) (jmm)
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Filing 348
ORDER that #298 , #319 , and #328 Motions are DENIED AS MOOT per #347 Status Report. Signed by Judge Christy Criswell Wiegand on 10/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 347
STATUS REPORT by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 346
ORDER regarding Joint Status Report and Scheduling Telephonic Status Conference. In light of the United States Court of Appeals for the Third Circuit's 10/5/2021 Opinion and Order, ECF Nos. 341-1 and 341-2, and the 10/6/2021 reassignment of this case to the undersigned, IT IS HEREBY ORDERED that the parties shall meet and confer and, on or before NOON on 10/15/2021, file a joint status report addressing the following subjects: (1) whether the parties believe there is any reason why the Court should not deny the motions pending at ECF Nos. 298, 319, and 328 without prejudice as moot; (2) whether the parties believe that there is any need for supplemental briefing regarding Plaintiffs' pending motion for class certification at ECF No. 277; (3) whether the parties anticipate the Court needing to address or resolve any other issues before reaching Plaintiffs' pending motion for class certification; and (4) given the age of this case and that more than five years have passed since the parties last attempted mediation, whether the parties believe that returning to mediation would be worthwhile. IT IS FURTHER ORDERED that the Court will hold a Telephonic Status Conference at 9:00 AM on 10/19/2021. Lead counsel for each party must attend, and be prepared to discuss any issues included in the parties' joint status report, the amount of time each party believes will be necessary to present its evidence at a class certification hearing, and potential dates for the class certification hearing. Counsel should dial-in to the telephonic status conference using the AT&T teleconference information provided on the docket at ECF No. 345. Signed by Judge Christy Criswell Wiegand on 10/7/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 345
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. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jmm)
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Filing 344
ORDER GRANTING #343 Motion to Withdraw as Attorney. Attorney Daniel A. Horowitz terminated. Signed by Judge Christy Criswell Wiegand on 10/7/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #343 Motion to Withdraw as Attorney. 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. (keh)
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Filing 343
MOTION to Withdraw as Attorney by ALEX REINIG. (Horowitz, Daniel)
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Filing 342
ORDER REASSIGNING CASE. Judge Arthur J. Schwab no longer assigned to case. The Clerk of Court shall randomly reassign this case to another United States District Judge. Signed by Chief Judge Mark R. Hornak on 10/6/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
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Judge Christy Criswell Wiegand added. Judge Nora Barry Fischer no longer assigned to case. (mao)
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Judge Nora Barry Fischer presiding. (lar)
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Filing 341
USCA LETTER TO DISTRICT COURT CLERK re: Mandamus Denied Letter to District Court (Attachments: #1 Order, #2 Opinion) (keh)
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Filing 340
NOTICE - Letter to 3rd Circuit Requesting Status Update by ALEX REINIG (Attachments: #1 9/13/19 Order) (Boyette, Joshua)
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Filing 339
TEXT ORDER - Case stayed pending Petition for Writ of Mandamus, Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 9/16/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 338
TEXT ORDER canceling the Pretrial Conference set for 9/16/19 at 9:00 a.m. in Courtroom 7C, 7th Floor, Joseph F. Weis Jr. U.S. Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania. The parties shall pick up their trial exhibit binders from the chambers of Judge Arthur J. Schwab, Suite 7280, Joseph F. Weis Jr. U.S. Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania, by 9/16/19 at 12:00 p.m. Signed by Judge Arthur J. Schwab on 9/13/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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Filing 337
NOTICE of Appearance by Valerie E. Brown on behalf of RBS CITIZENS, N.A.. (Brown, Valerie)
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Filing 336
NOTICE of Lack of Objections to Jury Instructions by ALEX REINIG re #322 Jury Instructions, #321 Jury Instructions (Boyette, Joshua)
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Filing 335
REPLY BRIEF re #328 Motion to Quash Subpoenas Ad Testificandum Issued by Plaintiffs filed by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit Exhibit A, Declaration of Christina Tellado, #2 Exhibit Exhibit B, Excerpts from Deposition of Dean Mathieson) (Tellado, Christina)
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Filing 334
OBJECTIONS to Final Jury Instructions #322 Jury Instructions by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 333
BRIEF in Opposition re #328 Motion to Quash filed by ALEX REINIG. (Attachments: #1 Exhibit A - 8/19/19 Email, #2 Exhibit B - 8/22/19 Email, #3 Exhibit C - 8/23/19 Email, #4 Exhibit D - 3/17/17 Email, #5 Exhibit E - 3/21/17 Email) (Boyette, Joshua)
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Filing 332
TEXT ORDER re #328 Motion to Quash filed by RBS CITIZENS, N.A. Plaintiffs shall file a response to #328 Defendant's Motion to Quash no later than 9/13/19 at 11:00 a.m. Signed by Judge Arthur J. Schwab on 9/12/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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Filing 331
NOTICE - Letter of Plaintiffs' Counsel Boyette related to Motion to Strike, Corrected Exhibits, Corrected Exhibit P-16, and other Matters by ALEX REINIG re #319 Motion to Strike,, #326 Memorandum Opinion & Order,, #327 Notice (Attachments: #1 Exhibit P-16 (Corrected)) (Boyette, Joshua)
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Filing 330
Proposed Order re #328 Motion to Quash Subpoenas Ad Testificandum Issued by Plaintiffs by RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 329
BRIEF in Support re #328 Motion to Quash Subpoenas Ad Testificandum Issued by Plaintiffs filed by RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 328
MOTION to Quash Subpoenas Ad Testificandum Issued by Plaintiffs by RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 327
NOTICE OF DEFENDANTS SUBMISSION OF PLAINTIFFS EXHIBIT P-16 by RBS CITIZENS, N.A. re #326 Memorandum Opinion & Order,, (Attachments: #1 Exhibit P-16) (Tellado, Christina)
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Filing 326
MEMORANDUM ORDER re: Plaintiffs' Trial Exhibit Binder and Joint 2019 Trial Exhibit List. For the reasons set forth in the Memorandum Order, Plaintiffs shall provide the Court with a revised trial exhibit binder no later than September 13, 2019 at 3:00 p.m. Further, Defendant shall provide the Court with a copy of P-16 no later than September 12, 2019 at 5:00 p.m. Further, the parties shall file a readable (larger font) revised Joint Trial Exhibit List no later than September 16, 2019 at 8:30 a.m., in which Plaintiffs' exhibits are fully and accurately described. Signed by Judge Arthur J. Schwab on 9/12/19. (bfm)
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Filing 325
RESPONSE to Motion re #319 MOTION to Strike #306 Witness List, #305 Pretrial Statement filed by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit 1 - Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Tellado, Christina)
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Filing 324
Sur-Reply Brief in Opposition to Plaintiffs' Renewed Motion for Rule 23 Class Certification re #296 Reply Brief,, filed by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 323
TEXT ORDER that the parties' objections to the #322 Revised Draft Final Jury Instructions and the #321 Revised Draft Preliminary Jury Instructions are due 9/13/19 at 12:00 P.M., not at 4:00 P.M. Signed by Judge Arthur J. Schwab on 9/10/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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Filing 322
Revised Draft Final Jury Instructions. Objections must be filed by 9/13/19 at 4:00 P.M. (bfm)
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Filing 321
Revised Draft Preliminary Jury Instructions. Objections must be filed by 9/13/19 at 4:00 P.M. (bfm)
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Filing 320
TEXT ORDER re #319 Motion to Strike,, filed by AHMAD NAJI, MARY LOU GRAMESKY, KEN GRITZ, VALERIE DAL PINO, BOB SODA, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, DAVID HOWARD, WILLIAM KINSELLA, PETER WILDER SMITH, DANIEL JENKINS, TERESA FRAGALE, DANIEL KOLENDA - Defendant's Response due by 9/11/2019 at 4:00 PM. Signed by Judge Arthur J. Schwab on 9/9/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 319
MOTION to Strike #306 Witness List, #305 Pretrial Statement by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Brief, #2 Exhibit 1 - Declaration of Joshua Boyette, #3 Exhibit 1-A - Defendants' Initial Disclosures, #4 Exhibit 1-B - Defendants' First Amended Initial Rule 26 Disclosures, #5 Text of Proposed Order) (Boyette, Joshua)
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Filing 318
MOTION in Limine by RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 317
Proposed Jury Instructions by ALEX REINIG. (Swidler, Justin)
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Filing 316
Proposed Jury Instructions Defendant's Proposed Representative Evidence Jury Instruction by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 315
MEMORANDUM ORDER denying #312 Defendant's Motion to Stay the FLSA Trial. Signed by Judge Arthur J. Schwab on 9/3/19. (bfm)
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Filing 314
Exhibit List by RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 313
STIPULATION Joint Stipulations by RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 312
MOTION to Stay the FLSA Trial by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Hill, Thomas)
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Filing 311
ORDER granting #310 Motion to Extend Time to deliver trial exhibits to Court. Exhibits are due on 9/3/19 at noon. Signed by Judge Arthur J. Schwab on 8/29/19. (lck)
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Filing 310
Joint MOTION to Extend Time to Deliver Trial Exhibits to the Court by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 309
TEXT ORDER denying without prejudice #307 Motion to Extend Time to Deliver Trial Exhibits to the Court for failure to attach a proposed Order. Signed by Judge Arthur J. Schwab on 8/29/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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Filing 308
MEMORANDUM ORDER re #252 Objections filed by RBS CITIZENS, N.A., and #251 Objections filed by Plaintiffs. Signed by Judge Arthur J. Schwab on 8/29/19. (bfm)
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Filing 307
Joint MOTION to Extend Time to Deliver Trial Exhibits to the Court by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Boyette, Joshua)
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Filing 306
Witness List by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 305
PRETRIAL STATEMENT by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 304
TEXT ORDER granting #301 Motion to Withdraw as Attorney. Attorney Robert J. Tyler, III terminated. Signed by Judge Arthur J. Schwab on 8/26/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 303
Witness List by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Boyette, Joshua)
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Filing 302
PRETRIAL STATEMENT by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1 - Deposition Designations, #2 Exhibit 2 - Plaintiffs' Exhibit List) (Boyette, Joshua)
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Filing 301
MOTION to Withdraw as Attorney Defendant's Motion to Withdraw Appearance of Counsel by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Tellado, Christina)
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Filing 300
ORDER REFERRING CASE to Mediation. The Honorable Robert J. Cindrich is appointed as mediator. Mediation is scheduled for September 3-5, 2019, at 9:00 AM in Courtroom 7C of Joseph F. Weiss Jr U.S. Courthouse, 700 Grant Street, Pittsburgh, PA. Signed by Judge Arthur J. Schwab on 8/22/19. (ms)
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Filing 299
Proposed Order re #298 Motion for Miscellaneous Relief by ALEX REINIG. (Swidler, Justin)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #298 Motion for Additional Trial Time. 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. This message is for informational purposes only. (jjg)
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Filing 298
Unopposed MOTION for Additional Trial Time by ALEX REINIG. (Attachments: #1 Exhibit A) (Boyette, Joshua)
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Filing 297
ORDER on Pretrial and Trial Procedures. Signed by Judge Arthur J. Schwab on 8/14/19. (bfm)
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Filing 296
REPLY BRIEF re #281 Errata, Motion for Rule 23 Class Certification filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Certificate of Service, #2 Exhibit 1 - Plaintiffs' Second Set of Discovery Requests and Defendant's Responses Thereto) (Boyette, Joshua)
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Filing 295
ORDER granting #294 Motion to Withdraw as Attorney. Attorney Gretchen Woodruff Root terminated. Signed by Judge Arthur J. Schwab on 8/5/19. (lck)
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Filing 294
MOTION to Withdraw as Attorney by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Root, Gretchen)
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Filing 293
ORDER granting #292 Motion to Withdraw as Attorney. Attorney Richard L. Etter terminated. Signed by Judge Arthur J. Schwab on 8/2/19. (lck)
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Filing 292
MOTION to Withdraw as Attorney by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 291
ORDER granting #290 Motion for Leave to File Reply Brief. Plaintiffs Reply Brief due by 8/12/2019; Defendants Sur-Reply Brief due by 9/12/2019. Signed by Judge Arthur J. Schwab on 7/10/19. (lck)
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Filing 290
MOTION for Leave to File Reply Brief in further support of Rule 23 Class Certification Motion by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Boyette, Joshua)
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Filing 289
ORDER granting Defendant's Motion for Permission to Exceed Page Limit, and that Defendant's thirty-seven (37) page Memorandum of Law In Opposition to Plaintiffs' Renewed Motion for Rule 23 Class Certification has been accepted as filed in its entirety. Signed by Judge Arthur J. Schwab on 7/2/19. (lck)
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Filing 288
Proposed Order re #285 Motion for Leave to File Excess Pages by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 287
TEXT ORDER denying without prejudice #285 Motion for Leave to File Excess Pages for failure to attach proposed order of court. Signed by Judge Arthur J. Schwab on 7/2/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 286
BRIEF in Opposition re #277 Motion to Certify Class filed by RBS CITIZENS, N.A.. (Attachments: #1 Certificate of Service) (Hill, Thomas)
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Filing 285
MOTION for Leave to File Excess Pages by RBS CITIZENS, N.A.. (Attachments: #1 Certificate of Service) (Hill, Thomas)
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Filing 284
PRETRIAL/TRIAL ORDER: Pretrial Conference set for 9/16/2019 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab; Jury Trial set for 9/23/2019 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 6/25/19. (ms)
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Filing 283
MEMORANDUM OPINION & ORDER DENYING WITHOUT PREJUDICE #268 Defendant's Renewed Motion to Decertify the FLSA Collective Action. Signed by Judge Arthur J. Schwab on 6/25/19. (bfm)
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Filing 282
BRIEF in Support of #281 Errata to #277 Motion to Certify Class, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (jjg)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #281 Errata. 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 to Certify Class. This message is for informational purposes only. (jjg)
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Filing 281
Errata re #277 Motion to Certify Class by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. Reason for Correction: Memorandum of Law filed as Motion / Formal Motion being filed, and re-filed Memorandum of Law and Proposed Order. (Attachments: #1 Memorandum of Law, #2 Proposed Order) (Boyette, Joshua)
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Filing 280
TEXT ORDER granting #279 Motion for Leave to Exceed Page Limit on their memoranda of law. Signed by Judge Arthur J. Schwab on 6/3/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #277 Motion to Certify Class. ERROR: Incorrect document attached. CORRECTION: Attorney advised to refile the document, using the Errata event and attach the correct document. This message is for informational purposes only. (jjg)
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Filing 279
MOTION for Leave to File Enlarged Memoranda of Law in Support of Plaintiffs' Motions for Class Certification Pursuant to FRCP 23 by ALEX REINIG. (Boyette, Joshua)
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Filing 278
Appendix to #277 Motion to Certify Class by ALEX REINIG. (Boyette, Joshua)
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Filing 277
MOTION to Certify Class pursuant to Rule 23(b)(3) by ALEX REINIG. (Attachments: #1 Proposed Order and Delineation of Classes) (Boyette, Joshua)
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Filing 276
TEXT ORDER that #275 Plaintiffs' Motion for Leave to File Supplemental Briefing in Support of Motion to Certify Rule 23 Classes and/or to file Renewed Motion to Certify Rule 23 Classes is GRANTED. Plaintiffs shall file a supplemental brief on or before 5/31/2019. Defendant's Response is due on or before 7/1/2019. Signed by Judge Arthur J. Schwab on 5/22/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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Filing 275
MOTION for Leave to File Supplemental Briefing in Support of Motion to Certify Rule 23 Classes and/or to File Renewed Motion to Certify Rule 23 Classes by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Boyette, Joshua)
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Filing 274
REPLY to Response to Motion re #269 Brief in Support of Motion, #270 Brief in Opposition to Motion, #268 Motion to Decertify the FLSA Collective Action, filed by RBS CITIZENS, N.A.. (Attachments: #1 Certificate of Service) (Hill, Thomas) Modified text on 5/6/2019. (jjg)
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Filing 273
ORDER granting #272 Motion for Leave to File Reply Brief. Defendant shall file a reply brief in further support of Defendant's Renewed Motion to Decertify the FLSA Collective on or before May 3, 2019, and said reply brief shall be no longer than 12 pages. Signed by Judge Arthur J. Schwab on 4/25/19. (lck)
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Filing 272
MOTION for Leave to File Reply Brief in Further Support of Renewed Motion to Decertify FLSA Collective by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Hill, Thomas)
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Filing 271
Appendix to #270 Brief in Opposition to Motion, by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 2 - Declaration of Joshua S. Boyette, Esq., #2 Exhibit 2-A, #3 Exhibit 2-B, #4 Exhibit 2-C, #5 Exhibit 2-D, #6 Exhibit 2-E) (Boyette, Joshua)
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Filing 270
BRIEF in Opposition re #268 Motion for Miscellaneous Relief, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Boyette, Joshua)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #268 Motion To Decertify the FLSA Collective Action re #267 Order on Motion for Leave to File, #266 MOTION for Leave to File Renewed Motion to Decertify the FLSA Collective. ERROR: Brief in support of motion 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 #269 BRIEF in Support re #268 Motion To Decertify the FLSA Collective Action re #267 Order on Motion for Leave to File, #266 MOTION for Leave to File Renewed Motion to Decertify the FLSA Collective. This message is for informational purposes only. (jv)
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Filing 269
BRIEF in Support re #268 Motion To Decertify the FLSA Collective Action re #267 Order on Motion for Leave to File, #266 MOTION for Leave to File Renewed Motion to Decertify the FLSA Collective, filed by RBS CITIZENS, N.A. (jv)
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Filing 268
MOTION To Decertify the FLSA Collective Action re #267 Order on Motion for Leave to File, #266 MOTION for Leave to File Renewed Motion to Decertify the FLSA Collective filed by RBS CITIZENS, N.A. by RBS CITIZENS, N.A.. (Attachments: #1 Memorandum of Law, #2 Proposed Order, #3 Certificate of Service) (Hill, Thomas)
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Filing 267
ORDER granting #266 Motion for Leave to File Renewed Motion to Decertify the FLSA Collective. Said Motion due by 3/18/2019; Response to Motion due by 4/18/2019. Signed by Judge Arthur J. Schwab on 3/13/19. (ms)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #266 Motion for Leave to File,. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jjg)
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Filing 266
MOTION for Leave to File Renewed Motion to Decertify the FLSA Collective by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A - Renewed Motion to Decertify the Collective, Memorandum of Law and Proposed Order, #2 Proposed Order, #3 Certificate of Service) (Hill, Thomas)
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Filing 265
MANDATE of USCA as to #261 Notice of Appeal, filed by RBS CITIZENS, N.A.. The Order of the District Court entered August 22, 2017, is hereby VACATED and REMANDED for further proceedings. (Attachments: #1 Mandate Letter, #2 Opinion) (pdb3) Modified text on 1/23/2019. (tt)
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Filing 264
ORDER of USCA dismissing the Petition for Writ of Mandamus filed by RBS CITIZENS, N.A. as moot. (jjg)
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Filing 263
NOTICE of Change of Address by Christina T. Tellado (Tellado, Christina)
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Filing 260
Filing fee: $505.00, receipt number 24668046861 for Notice of Appeal. (Attachments: #1 Exhibit) (ept)
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NOTIFICATION TO THIRD CIRCUIT COURT OF APPEALS re #260 Filing Fee Received for Notice of Appeal. (ept)
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Filing 259
TEXT ORDER - In light of the granting of the Petition for Leave to Appeal by United States Court of Appeals for the 3rd Circuit #258 , this case is ADMINISTRATIVELY CLOSED. Signed by Judge Arthur J. Schwab on 10/31/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 258
ORDER OF USCA granting Petition for Leave to Appeal Pursuant to Fed. R. Civ. P. 23(f). (pdb3)
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Filing 257
ORDER (CHAGARES, VANASKIE and KRAUSE, Circuit Judges) The foregoing Petition for Leave to File an Appeal of the District Court's August 22, 2017 Order Granting Plaintiff's Motion for Class Certification (ECF No. 216), pursuant to Fed. R. Civ. P. 23(f), is granted. Petitioner is directed to pay the Clerk of the District Court the required fee within 14 days of the date of this Order. The Clerk of Court shall issue a briefing schedule in due course once the appeal fee has been paid and an appeal is opened on the Court's General Docket. In view of this disposition of Petitioner's Rule 23(f) Petition, the Petitioner's Petition for Writ of Mandamus is referred to the merits panel, filed. Panel No.: DCO-124-E DCO-127. Krause, Authoring Judge. [17-8046, 17-2974] (PDB). Signed by Judge Cheryl Ann Krause on 10/26/2017. (Attachments: #1 Exhibit) (ept)
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Filing 261
NOTICE OF APPEAL as to #216 Order on Motion for Partial Summary Judgment, Order on Motion to Certify Class, Order on Motion to Decertify the FLSA Collective Action, Order on Motion for Summary Judgment by RBS CITIZENS, N.A. Motion for IFP N/A. Certificate of Appealability M/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. Filing fee was paid at #260 . (ept)
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Filing 256
TEXT ORDER: After considering Plaintiffs' Motion to Send Notice and to Compel Production of Class List (Doc. No. #253 ), the Court hereby DENIES WITHOUT PREJUDICE said Motion as premature. The matters raised by the Motion are currently before the United States Court of Appeals for the Third Circuit, and further, the granting of the Motion will not resolve all of the issues raised by the Defendant in its numerous appellate filings. Signed by Judge Arthur J. Schwab on 09/26/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #254 Report of Mediation; ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (ept)
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Filing 255
Proposed Order re #253 Motion to Send Notice and to Compel Production of Class List by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Swidler, Justin) Text modified on 9/22/2017. (ept)
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Filing 254
REPORT of Mediation: Case has not been resolved. Mediation session was held on 7/27/2017. Second mediation session was held on 9/14/2017. (lmt)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #253 Motion to Send Notice and to Compel Production of Class List. 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. This message is for informational purposes only. (ept)
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Filing 253
MOTION to Send Notice and to Compel Production of Class List by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit Proposed Notice to Rule 23 Class Members, #2 Exhibit Letter from Defense Counsel Refusing to Confer Re: Notice, #3 Exhibit Response from Plaintiffs' Counsel) (Swidler, Justin)
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Filing 252
OBJECTIONS to #238 Jury Instructions by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 251
OBJECTIONS to #238 Jury Instructions by KEN GRITZ, ALEX REINIG, BOB SODA. (Swidler, Justin)
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Filing 250
Exhibit List by RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 249
NOTICE DEFENDANT'S NOTICE REGARDING ITS AMENDED CERTIFICATE OF SERVICE AND COMPLIANCE by RBS CITIZENS, N.A. (Attachments: #1 Exhibit A - Declaration of Kim Watterson, #2 Exhibit B - Amended Certificate of Service and Compliance) (Tellado, Christina)
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Filing 248
CERTIFIED ORDER of USCA in lieu of formal MANDATE as to #228 Notice of Appeal filed by RBS CITIZENS, N.A.. The matter is hereby dismissed pursuant to Fed. R. App. P. 42(b), without cost to either party. (pdb3) Modified on 9/22/2017. (tt)
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Filing 247
TEXT ORDER denying as moot without prejudice #239 Motion to Quash. Signed by Judge Arthur J. Schwab on 9/14/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 246
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Pretrial conference held on September 13, 2017 before Judge Arthur J. Schwab. Sandra Wenger Goffe, Official Court Reporter, Telephone number 412-261-6254. 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 9/20/2017. Redaction Request due 10/4/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/12/2017. (sw)
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Filing 245
Proposed Order re #239 Motion to Quash Subpoenas by RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 244
FINAL Voir Dire Questions. (lck)
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Filing 243
Minute Entry for proceedings held before Judge Arthur J. Schwab: Preliminary Pretrial Conference held on 9/13/2017. (Court Reporter: Sandra Wenger) (lck)
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Filing 242
TEXT ORDER re #239 Motion to Quash filed by RBS CITIZENS, N.A., Response to Motion due by 9/18/2017 at 12:00 P.M. (noon), Reply, if any, due by 9/19/2017 at 12:00 P.M. (noon). Signed by Judge Arthur J. Schwab on 9/13/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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Filing 241
TEXT ORDER re #238 Draft Final Jury Instructions, instead of offering objections, if any, to the Draft Final Jury Instructions by oral argument at the Preliminary Pretrial Conference scheduled for 9/13/2017 at 9:30 A.M., objections shall be filed by Monday, 9/18/2017 at 4:00 P.M. Signed by Judge Arthur J. Schwab on 9/13/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #239 Motion to Quash. 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. This message is for informational purposes only. (ept)
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Filing 240
BRIEF in Support re #239 Motion to Quash Subpoenas filed by RBS CITIZENS, N.A.. (Attachments: #1 Affidavit Declaration of Christina Tellado, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (Tellado, Christina)
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Filing 239
MOTION to Quash Subpoenas by RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 238
DRAFT Final Jury Instructions. Objections may be raised at the Pretrial Conference on 9/13/2017 at 9:30 AM. (eet)
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Filing 237
Preliminary Jury Instructions. (eet)
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Filing 236
FINAL Voir Dire Questions (lck)
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Filing 235
FINAL VERDICT FORM. (eet)
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Filing 234
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Status Hearing held on July 27, 2017 before Judge Arthur J. Schwab. Sandra Wenger Goffe, Official Court Reporter, Telephone number 412-261-6254. 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 9/18/2017. Redaction Request due 10/2/2017. Redacted Transcript Deadline set for 10/12/2017. Release of Transcript Restriction set for 12/11/2017. (sw)
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Filing 233
Memorandum Order Re: Rulings on Exhibits pursuant to the Parties' Amended Joint Exhibit List, doc. no. #223 and Joint Notice of Revisions to the Exhibit List, doc. no. #227 . The Parties shall meet with the law clerk in the Jury Room following the Preliminary Pretrial Conference on September 13, 2017 at 9:30 a.m., to remove or redact any exhibits consistent with this Memorandum Order. Signed by Judge Arthur J. Schwab on 9/8/2017. (eet)
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Filing 232
TEXT ORDER Re: #231 Defendant's Renewed Motion for Partial Modification of Order Setting Status/Settlement Conference. Based upon the representations contained in Defendant's Motion regarding attendance and settlement authority of Christopher Nard and Stephen T. Gannon at the upcoming settlement conference and mediation set for September 13 and 14, 2017, Defendant's Motion is GRANTED. Signed by Judge Arthur J. Schwab on 9/8/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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Filing 231
Renewed MOTION to Modify DEFENDANTS RENEWED MOTION FOR PARTIAL MODIFICATION OF ORDER SETTING STATUS/SETTLEMENT CONFERENCE #226 Order on Motion to Modify by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Hill, Thomas)
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Filing 229
NOTICE of Appearance by Richard L. Etter on behalf of RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 228
NOTICE OF APPEAL as to #226 Order on Motion to Modify by RBS CITIZENS, N.A.. Filing fee $505, receipt number 0315-4450576. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Hill, Thomas)
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Filing 227
NOTICE (Joint) of Revisions to Exhibit List based on the Court's Rulings on Parties' Motions in Limine by KEN GRITZ, ALEX REINIG, BOB SODA (Boyette, Joshua)
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Filing 226
ORDER DENYING WITHOUT PREJUDICE #225 Defendant's Motion for Partial Modification of Order Setting Status/Settlement Conference. Signed by Judge Arthur J. Schwab on 8/29/2017. (eet)
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Filing 225
MOTION to Modify Partially the Order Setting Status/Settlement Conference #210 Order, Set Hearings, by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order Granting Defendant's Motion for Partial Modification of Order Setting Status/Settlement Conference) (Hill, Thomas)
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Filing 224
MEMORANDUM ORDER granting in part and denying in part #183 Plaintiffs' Omnibus Motion in Limine; granting in part and denying in part #185 Defendant's Omnibus Motion in Limine. The Parties shall confer and file a joint notice by August 30, 2017, indicating to the Court which exhibits on the Amended Exhibit List, doc. no. #222 , if any, are to be excluded pursuant to this Order. Signed by Judge Arthur J. Schwab on 8/28/2017. (eet)
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Filing 223
Errata re #222 Exhibit List by ALEX REINIG. Reason for Correction: Description for P-14 was incorrect. (Swidler, Justin)
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Filing 222
Exhibit List by ALEX REINIG. (Swidler, Justin) Document removed from public view and redocketed at #223 . Modified on 8/28/2017. (ept)
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Filing 221
Proposed Jury Instructions (Amended, Unified) by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A (Defendant's and Plaintiffs' Proposed Jury Instructions re Substantive Law)) (Hill, Thomas)
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Filing 220
MEMORANDUM ORDER OVERRULING Plaintiffs' Objections to the Verdict Form, doc. no. #217 and OVERRULING Defendant's Objections to the Verdict Form, doc. no. #218 . The Parties shall amend their Joint Proposed Jury Instructions, in light of the Verdict Form and this ruling, by Friday, August 25, 2017. Signed by Judge Arthur J. Schwab on 8/23/2017. (eet)
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Filing 219
BRIEF in Support of #218 Objections to Draft Verdict Slip filed by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 218
OBJECTIONS to Draft Verdict Slip #201 Proposed Verdict Form by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 217
OBJECTIONS to #201 Proposed Verdict Form by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Certificate of Service) (Swidler, Justin)
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Filing 216
MEMORANDUM ORDER ADOPTING #179 and #180 the Special Master's Reports and Recommendations; DENYING #106 Plaintiffs' Motion for Partial Summary Judgment; GRANTING #110 Plaintiffs' Motion to Certify Class; DENYING #111 Defendant's Motion to Decertify the FLSA Collective Action; and GRANTING IN PART AND DENYING IN PART #113 Defendant's Motion for Summary Judgment. Signed by Judge Arthur J. Schwab on 8/22/2017. (eet)
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Filing 215
TEXT ORDER The Court hereby strikes the Joint Exhibit List filed by RBS Citizens, N.A. Doc. no. #214 consisting of 107 pages, and directs counsel to retrieve the trial exhibit notebooks delivered to chambers yesterday, because (1) the notebooks are physically impractical for use - - 6 high, overweight, and packed so full as to be unmanageable; (2) the total number of exhibits is inconsistent with the time allocated for the trial, and impractical for meaningful use by the jurors; (3) the print size used in doc. no. #214 is so small as to be barely readable; (4) counsel has failed to meaningfully work towards more joint exhibits; (5) counsel has failed to meaningfully work together to minimize objections to trial exhibits; and (6) the proposed trial exhibits are not tailored to the issue to be tried at the upcoming jury trial. See the Court's Pretrial Order, Doc. no. #65 , and Minute Entry at Doc. no. #174 . Counsel shall file a revised Joint Exhibit List which complies with this Order of Court on or before 8/25/17 at 3:00 PM. Signed by Judge Arthur J. Schwab on 8/22/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (ms)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #212 Objections; ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (ept)
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Filing 214
Exhibit List by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 213
ANSWER to #208 Amended Complaint, DEFENDANTS ANSWER TO PLAINTIFFS SECOND AMENDED COMPLAINT by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 212
OBJECTIONS to #179 SPECIAL MASTER REPORT AND RECOMMENDATION by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, DANIEL JENKINS, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, MARK ROSS, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Swidler, Justin)
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Filing 211
ORDER REFERRING CASE to Mediation. Dan Sandman is appointed as mediator. Mediation is scheduled for 9/14/17. Signed by Judge Arthur J. Schwab on 8/21/17. (ms)
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Filing 210
ORDER SETTING STATUS/SETTLEMENT CONFERENCE - - Status/Settlement Conference set for 9/13/2017 at 9:30 AM in Courtroom 7C before Judge Arthur J. Schwab. Parties shall attend mediation before Dan Sandman on 9/14/17. See order for further deadlines. Signed by Judge Arthur J. Schwab on 8/21/17. (ms)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #208 Amended Complaint: ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (ept)
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Update Answer Deadline: Answer due from RBS CITIZENS, N.A. on 8/21/2017. (ept)
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Filing 209
ORDER granting in part and denying in part #205 Defendant's Motion to Strike and #207 Plaintiffs' Response in Opposition and Cross-Motion. Defendant's Motion is granted and Plaintiffs' Objections to the R&R, Doc. No. #204 are STRICKEN. Plaintiffs' Cross-Motion is granted in part and denied in part. Plaintiffs may re-file their Objections to the R&R by Monday, 8/21/2017 at 12:00 PM (noon), but must limit their pleading to no more than 30 pages. Defendant may supplement its Objections filed at Doc. No. #202 with an additional 15 pages by Monday, 8/21/2017 at 12:00 PM (noon). Signed by Judge Arthur J. Schwab on 8/18/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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Filing 208
Second AMENDED COMPLAINT against RBS CITIZENS, N.A., filed by ALEX REINIG, VALERIE DAL PINO, DANIEL KOLENDA, ROBERT PEDERSON, MARY LOU GRAMESKY, KEN GRITZ, AHMAD NAJI, WILLIAM KINSELLA, TERESA FRAGALE, PETER WILDER SMITH, DAVID HOWARD, BOB SODA, DANIEL JENKINS, MARK ROSS. (Boyette, Joshua)
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Filing 207
RESPONSE IN OPPOSITION and Cross-Motion to #205 Motion to Strike filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Boyette, Joshua)
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Filing 206
MEMORANDUM ORDER granting #172 Plaintiffs' Motion for Leave to File Second Amended Complaint. This Memorandum Order does not affect the Special Master's Reports and Recommendations, doc. nos. #179 and #180 , except to the extent that it resolves the issues addressed in footnote 6, page 14 of doc. no. #180 . Plaintiffs shall file the Second Amended Complaint, doc. no. [172-1], by 8/21/2017. Defendant shall file an Answer to the Second Amended Complaint by 8/28/2017. Signed by Judge Arthur J. Schwab on 8/18/2017. (eet)
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Filing 205
MOTION to Strike #204 Objections to Special Master's Report and Recommendation, Regarding Recapture Claims by RBS CITIZENS, N.A. (Attachments: #1 Proposed Order Granting Defendants Motion to Strike Plaintiffs Objections to Special Masters First Report Regarding Recapture Claims) (Hill, Thomas)
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Filing 204
OBJECTIONS to #179 Special Master's Report and Recommendation filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Boyette, Joshua)
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Filing 203
NOTICE of Non-Objection to the Special Masters First Report Regarding Certification Motions and Cross-Motions for Summary Judgment as to Recapture Claims by RBS CITIZENS, N.A. re #179 SPECIAL MASTER REPORT AND RECOMMENDATION (Hill, Thomas)
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Filing 202
OBJECTIONS to #180 Special Master's Report and Recommendation Regarding Certification Motions and Motion for Summary Judgment as to Off-The-Clock Claims filed by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 201
DRAFT VERDICT FORM. Objections due 8/22/2017 at 12:00 PM (noon). (eet)
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Filing 200
Voir Dire Questions - Objections due 8/22/17 at Noon. (lck)
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Filing 199
Preliminary Jury Instructions - Objections due 8/22/17 at Noon. (lck)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #197 Proposed Voir Dire. ERROR: Wrong event selected. CORRECTION: Re-docketed as Proposed Verdict Form. This message is for informational purposes only. (ept)
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Filing 198
PROPOSED VERDICT FORM by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (ept)
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Filing 197
Proposed Voir Dire by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Swidler, Justin) Wrong event selected. Document removed from public view and redocketed at #198 . Modified on 8/15/2017. (ept)
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Filing 196
Proposed Voir Dire by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Swidler, Justin)
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Filing 195
RESPONSE IN OPPOSITION to #183 Motion in Limine filed by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order (denying Plaintiff's omnibus motion in limine), #2 Exhibit A (email), #3 Exhibit B (excerpts from Gritz and Soda deposition transcripts), #4 Exhibit C (Strickler responses to interrogatories), #5 Exhibit D (excerpts from Kullman and Pool deposition transcripts), #6 Exhibit E (defendant's responses to second set of interrogatories)) (Hill, Thomas)
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Filing 194
Proposed Voir Dire by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 193
PROPOSED VERDICT FORM by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A (Defendant's verdict form question)) (Hill, Thomas)
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Filing 192
Proposed Jury Instructions (Unified) by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A (Plaintiffs' proposed jury instruction re substantive law / Defendant's proposed jury instruction re substantive law), #2 Exhibit B (final jury instructions in Bland v. PNC)) (Hill, Thomas)
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Filing 191
STIPULATION (Joint Stipulations) by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 190
BRIEF in Opposition re #185 Motion in Limine, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Swidler, Justin)
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Filing 189
BRIEF in Support re #183 Motion in Limine, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Boyette, Joshua)
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Filing 187
DESIGNATION of Deposition Excerpts to be offered at trial by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Boyette, Joshua)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #183 Motion in Limine. 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. The Brief in Support of the Motion should have been filed as a separate main document. The Clerk's Office was unable to redocket it because it was not signed. Therefore, the attorney is to sign the document, then refile it using the Brief in Support of Motion event and linking to document #183. This message is for informational purposes only. (ept)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #185 Motion in Limine. 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. (ept)
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Filing 188
BRIEF in Support re #185 Motion in Limine filed by RBS CITIZENS, N.A. (ept)
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Filing 186
DESIGNATION of Deposition Excerpts to be offered at trial by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 185
MOTION in Limine DEFENDANT'S OMNIBUS MOTION IN LIMINE by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order, #2 Memorandum In Support of Defendant's Omnibus Motion In Limine) (Hill, Thomas) Attachment #2 removed from public view and redocketed at #188 Modified on 8/8/2017. (ept)
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Filing 184
RESPONSE IN OPPOSITION to Plaintiffs' Motion for Leave to Amend and to File Second Amended Complaint to #172 Motion for Leave to File filed by RBS CITIZENS, N.A. (Attachments: #1 Proposed Order Denying Motion for Leave to Amend, #2 Affidavit (Declaration of Gretchen Woodruff Root ISO Citizens' Response in Opposition to Motion for Leave to Amend), #3 Exhibit 1 to Root Declaration, #4 Exhibit 2 to Root Declaration) (Hill, Thomas)
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Filing 183
MOTION in Limine by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Proposed Order, #2 Brief, #3 Exhibit 1 - Pt1 - Defendants Rule 26 Disclosures, #4 Exhibit 1- Pt2 - Defendant's Amended Rule 26 Disclosures) (Boyette, Joshua) Attachment #2 removed from public view and redocketed at #189 . Modified on 8/9/2017. (ept)
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Filing 182
Witness List by RBS CITIZENS, N.A.. (Hill, Thomas)
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Filing 181
Amended PROPOSED VERDICT FORM by ALEX REINIG. (Attachments: #1 Exhibit A - Amended Proposed Verdict Form) (Swidler, Justin) Modified on 8/4/2017 to add additional docket text. (ksa)
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Filing 180
SPECIAL MASTER REPORT AND RECOMMENDATION Second Report Regarding Certification Motions and Motion for Summary Judgment as to Off-the-Clock Claims by DAVID R. COHEN. (Cohen, David)
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Filing 179
SPECIAL MASTER REPORT AND RECOMMENDATION First Report Regarding Certification Motions and Cross-motions for Summary Judgment as to Recapture Claims by DAVID R. COHEN. (Cohen, David)
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Filing 178
Supplemental Witness List by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Boyette, Joshua) Modified on 8/2/2017 to add additional docket text. (ksa)
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Filing 177
BRIEF in Support re #172 Motion for Leave to File, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (ept)
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Filing 176
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re status conference held on November 16, 2016 before Judge Arthur J. Schwab. Sandra Wenger Goffe, Official Court Reporter, Telephone number 412-261-6254. 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 8/3/2017. Redaction Request due 8/17/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/25/2017. (sw)
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Filing 175
Errata re #172 Motion for Leave to File, by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Brief, #2 Exhibit 1 - Proposed Second Amended Complaint, #3 Proposed Order) (Boyette, Joshua) Attachment #1 removed from public view and redocketed at #177 . Modified on 7/28/2017. (ept)
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Filing 174
Minute Entry for proceedings held before Judge Arthur J. Schwab: Status Conference held on 7/27/2017. (Court Reporter: Sandra Wenger) (lmt)
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Filing 173
ORDER Response/Briefing Schedule re #172 Motion for Leave to File - - Response to Motion due by 8/7/2017. Signed by Judge Arthur J. Schwab on 7/27/17. (ms)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #172 Motion for Leave to File. ERROR: Document is titled Brief in Support of Motion. CORRECTION: Attorney is to retitle the document Motion for Leave to File Second Amended Complaint, then refile it using the errata event. This message is for informational purposes only. (ept)
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Filing 172
MOTION for Leave to File Second Amended Complaint by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Proposed Order) (Boyette, Joshua)
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Filing 171
BRIEF in Support of #169 Proposed Verdict Form, Objection to Defendants' Verdict Form #170 filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Swidler, Justin)
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Filing 170
PROPOSED VERDICT FORM by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit 1 (Defendant's Proposed Verdict Form)) (Hill, Thomas)
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Filing 169
PROPOSED VERDICT FORM by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit A - Proposed Verdict Form) (Boyette, Joshua)
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Filing 168
NOTICE Identifying Attendees for Status/Settlement Conference and Mediation by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA (Boyette, Joshua)
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Filing 167
NOTICE of Appearance by Christina T. Tellado on behalf of RBS CITIZENS, N.A.. (Tellado, Christina)
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Filing 166
NOTICE Identifying Defendants Corporate Representative for Status/Settlement Conference by RBS CITIZENS, N.A. re #156 Order, 165 Order on Motion to Continue (Hill, Thomas)
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Filing 165
TEXT ORDER Defendant's Motion to Reset the July 26 Status/Settlement Conference to July 27, 2017 [doc. No. #164 ] is GRANTED in Part and DENIED in Part. The Status/Settlement Conference before the Court will be conducted on July 27, 2017, from 8:30 AM to 9:15 AM. The Settlement Conference before Mr. Sandman will commence at 10:00 AM on July 27, 2017, and continue on July 28, 2017, and July 29, 2017, if necessary. Parties and participants therein thus must be prepared to continue onto Saturday, July 29, 2017. The client representative of the parties must have full settlement authority -- no telephone calls or other communications to other persons necessary. Counsel for the parties shall work diligent before the mediation to arrive at an agreed-to settlement agreement except for any dollar amount. Signed by Judge Arthur J. Schwab on 7/13/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 164
Unopposed MOTION to Continue the July 26 Status/Settlement Conference to July 27 or 28, 2017 by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit 1 (Declaration of Thomas E. Hill, Esq.), #2 Proposed Order Resetting Status/Settlement Conference) (Hill, Thomas) Text modified on 7/13/2017. (ept)
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Filing 163
ORDER granting #162 Motion to Withdraw the appearance of Richard L. Etter. Signed by Judge Arthur J. Schwab on 7/12/17. (lck)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #162 Motion to Withdraw. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)
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Filing 162
MOTION to Withdraw Defendants Motion to Withdraw #6 Appearance of Counsel - Richard L. Etter by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Hill, Thomas) Modified on 7/12/2017 document linkage added. Document linked to document #6 . (ksa)
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Filing 161
ORDER GRANTING #160 Motion for Robert D. Soloff to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 7/10/17. (lck)
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Filing 160
MOTION for attorney Robert D. Soloff to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4389810) by ALEX REINIG. (Attachments: #1 Proposed Order Granting Pro Hac Vice, #2 Affidavit in Support of Pro Hac Vice, #3 Exhibit A - Certificate of Good Standing) (Soloff, Robert) Text modified on 7/11/2017. (ept)
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Filing 159
Errata re #158 Pretrial Statement by RBS CITIZENS, N.A.. Reason for Correction: Pages inadvertently omitted from Exhibit 1. (Attachments: #1 Exhibit 1 (Expert Report of Stephen GT. Bronars, Ph.D.)) (Hill, Thomas)
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Filing 158
PRETRIAL STATEMENT by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit 1 (Expert Report of Stephen G. Bronars, Ph.D.) (Hill, Thomas) Document removed from public view and redocketed at #159 . Modified on 7/11/2017. (ept)
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Filing 157
ORDER REFERRING CASE to Mediation. Dan D. Sandman is appointed as mediator. Mediation is scheduled for July 27 and 28, 2017. Signed by Judge Arthur J. Schwab on 6/30/17. (ms)
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Filing 156
ORDER SETTING STATUS/SETTLEMENT CONFERENCE for July 26, 2017 at 9:30 AM in Courtroom 7C. Parties are also ORDERED to attend mediation with Neutral Dan Sandman on July 27-28, 2017. Signed by Judge Arthur J. Schwab on 6/29/2017. (eet)
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Filing 155
PRETRIAL STATEMENT by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1 - Exhibit List, #2 Exhibit 2 - Deposition Designations, #3 Exhibit 3 - Expert Disclosure of Robert Speakman) (Boyette, Joshua)
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Filing 154
ORDER GRANTING #153 Motion for Thomas E. Hill to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 6/16/17. (lck)
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Filing 153
MOTION for attorney Thomas E. Hill to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4366588) by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A - Affidavit of Thomas E. Hill In Support of Motion For Admission Pro Hac Vice, #2 Exhibit B - Certificate Of Good Standing - California Supreme Court, #3 Proposed Order) (Tyler, Robert)
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Filing 152
NOTICE of Appearance by Robert J. Tyler, III on behalf of RBS CITIZENS, N.A.. (Tyler, Robert)
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Filing 151
ORDER granting #149 Motion for Extension of Time to File Plaintiffs' and Defendant's Pretrial Statement; Plaintiff Pretrial Statement due by 6/26/2017. Defendant Pretrial Statement due by 6/7/2017. Signed by Judge Arthur J. Schwab on 6/12/17. (lck)
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Filing 150
RESPONSE (Amended Response) to #131 Concise Statement of Material Facts filed by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 149
MOTION for Extension of Time to File Pretrial Narrative Statements by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Proposed Order, #2 Certification of Service) (Boyette, Joshua)
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Filing 148
TEXT ORDER DENYING #139 Defendant's Motion to Strike Plaintiffs' Concise Statement of Additional Material Facts. Defendant shall respond to Plaintiffs' Concise Statement of Additional Material Facts #131 by June 9, 2017. Signed by Judge Arthur J. Schwab on 6/6/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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Filing 147
RESPONSE to Motion re #139 MOTION to Strike #131 Concise Statement of Material Facts, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 146
ORDER: The Final Pretrial Conference previously set for 9/21/2017 pursuant to the Pretrial Order, doc. no. #65 , is now set for 9/19/2017 at 09:30 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 5/31/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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Filing 145
REPLY BRIEF re #128 Brief in Opposition to Motion, to Decertify the FLSA Collective Action filed by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 144
ORDER GRANTING #143 Motion for Leave to File Reply Brief to Plaintiff's Brief in Opposition to Defendant's Motion to Decertify the FLSA Collective Action. Reply due by 6/1/2017. Signed by Judge Arthur J. Schwab on 5/31/17. (lck)
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Filing 143
MOTION for Leave to File Reply to Plaintiffs' Brief in Opposition to Defendant's Motion to Decertify the Collective Action by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A, #2 Proposed Order) (Etter, Richard)
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Filing 142
ORDER granting #138 Motion for Leave to File Reply Brief. Signed by Judge Arthur J. Schwab on 5/30/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 141
TEXT ORDER re #139 Motion to Strike filed by RBS CITIZENS, N.A., - Response due by 6/1/2017 at noon. Signed by Judge Arthur J. Schwab on 5/30/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 140
RESPONSE to #131 Concise Statement of Material Facts filed by RBS CITIZENS, N.A. (Etter, Richard)
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Filing 139
MOTION to Strike #131 Concise Statement of Material Facts, by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 138
MOTION for Leave to File Reply Brief in further support of Plaintiff's Motion for Class Certification by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1-A - Proposed Reply) (Boyette, Joshua)
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Filing 137
SEALED DOCUMENT (Exhibits 1-A - 1-TT to Brief in Opposition to Motion for Decertification; Exhibit 1-A is the main document) by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. This document Sealed pursuant to #105 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1-AA, #2 Exhibit 1-B, #3 Exhibit 1-BB, #4 Exhibit 1-C, #5 Exhibit 1-CC, #6 Exhibit 1-D, #7 Exhibit 1-DD, #8 Exhibit 1-E, #9 Exhibit 1-EE, #10 Exhibit 1-F, #11 Exhibit 1-G, #12 Exhibit 1-GG, #13 Exhibit 1-HH, #14 Exhibit 1-I, #15 Exhibit 1-II, #16 Exhibit 1-J, #17 Exhibit 1-JJ, #18 Exhibit 1-K, #19 Exhibit 1-KK, #20 Exhibit 1-L, #21 Exhibit 1-LL, #22 Exhibit 1-M, #23 Exhibit 1-MM, #24 Exhibit 1-N, #25 Exhibit 1-NN, #26 Exhibit 1-O, #27 Exhibit 1-OO, #28 Exhibit 1-P, #29 Exhibit 1-PP, #30 Exhibit 1-Q, #31 Exhibit 1-QQ, #32 Exhibit 1-R, #33 Exhibit 1-RR, #34 Exhibit 1-S, #35 Exhibit 1-SS, #36 Exhibit 1-T, #37 Exhibit 1-TT, #38 Exhibit 1-U, #39 Exhibit 1-V, #40 Exhibit 1-W, #41 Exhibit 1-X, #42 Exhibit 1-Y, #43 Exhibit 1-Z) (ept)
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Filing 136
SEALED DOCUMENT (Exhibits H1 - H30 to Brief in Opposition to Motion for Decertification; Exhibit H1 is the main document) by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. This document Sealed pursuant to #105 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit H2, #2 Exhibit H3, #3 Exhibit H4, #4 Exhibit H5, #5 Exhibit H6, #6 Exhibit H7, #7 Exhibit H8, #8 Exhibit H9, #9 Exhibit H10, #10 Exhibit H11, #11 Exhibit H12, #12 Exhibit H13, #13 Exhibit H14, #14 Exhibit H15, #15 Exhibit H16, #16 Exhibit H17, #17 Exhibit H18, #18 Exhibit H19, #19 Exhibit H20, #20 Exhibit H21, #21 Exhibit H22, #22 Exhibit H23, #23 Exhibit H24, #24 Exhibit H25, #25 Exhibit H26, #26 Exhibit H27, #27 Exhibit H28, #28 Exhibit H29, #29 Exhibit H30) (ept)
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Filing 135
SEALED DOCUMENT (Exhibits 1FF 1 - 1FF 20 to Brief in Opposition to Motion for Decertification; Exhibit 1FF is the main document) - by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. This document Sealed pursuant to #105 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1 FF2, #2 Exhibit 1 FF3, #3 Exhibit 1 FF4, #4 Exhibit 1 FF5, #5 Exhibit 1 FF6, #6 Exhibit 1 FF7, #7 Exhibit 1 FF8, #8 Exhibit 1 FF9, #9 Exhibit 1 FF10, #10 Exhibit 1 FF11, #11 Exhibit 1 FF12, #12 Exhibit 1 FF13, #13 Exhibit 1 FF14, #14 Exhibit 1 FF15, #15 Exhibit 1 FF16, #16 Exhibit 1 FF17, #17 Exhibit 1 FF18, #18 Exhibit 1 FF19, #19 Exhibit 1 FF20) (ept)
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Filing 134
SEALED DOCUMENT (Exhibits 1-A - 1-E to Brief in Opposition to Motion for Summary Judgment; Exhibit 1-A is the main document) by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. This document Sealed pursuant to #105 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1-B, #2 Exhibit 1-C, #3 Exhibit 1-D, #4 Exhibit 1-E) (ept)
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Filing 133
RESPONSE to #131 Concise Statement of Material facts filed by RBS CITIZENS, N.A. (Etter, Richard) Modified on 5/16/2017 to correct document linkage. (ept)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #127 Brief in Opposition to Motion. ERROR: Document should have been filed as three 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, Response to Amended Concise Statement of Material Facts. This message is for informational purposes only. (ept)
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Filing 130
REDACTION to #129 Appendix, Exhibits 1-A through 1-WW filed under seal, main document is Exhibit 1-A by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1-B, #2 Exhibit 1-C, #3 Exhibit 1-D, #4 Exhibit 1-E, #5 Exhibit 1-F, #6 Exhibit 1-G, #7 Exhibit 1-H, #8 Exhibit 1-I, #9 Exhibit 1-J, #10 Exhibit 1-K, #11 Exhibit 1-L, #12 Exhibit 1-M, #13 Exhibit 1-N, #14 Exhibit 1-O, #15 Exhibit 1-P, #16 Exhibit 1-Q, #17 Exhibit 1-R, #18 Exhibit 1-S, #19 Exhibit 1-T, #20 Exhibit 1-U, #21 Exhibit 1-V, #22 Exhibit 1-W, #23 Exhibit 1-X, #24 Exhibit 1-Y, #25 Exhibit 1-Z, #26 Exhibit 1-AA, #27 Exhibit 1-BB, #28 Exhibit 1-CC, #29 Exhibit 1-DD, #30 Exhibit 1-EE, #31 Exhibit 1-FF, #32 Exhibit 1-GG, #33 Exhibit 1-HH, #34 Exhibit 1-II, #35 Exhibit 1-JJ, #36 Exhibit 1-KK, #37 Exhibit 1-LL, #38 Exhibit 1-MM, #39 Exhibit 1-NN, #40 Exhibit 1-OO, #41 Exhibit 1-PP, #42 Exhibit 1-QQ, #43 Exhibit 1-RR, #44 Exhibit 1-SS, #45 Exhibit 1-TT, #46 Exhibit 1-UU, #47 Exhibit 1-VV, #48 Exhibit 1-WW) (Boyette, Joshua)
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Filing 129
Appendix to #128 Brief in Opposition to Motion, #127 Brief in Opposition to Motion, by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1 - Declaration of Exhibits) (Boyette, Joshua)
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Filing 128
BRIEF in Opposition re #111 Motion to Decertify FLSA Collective Action filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Boyette, Joshua)
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Filing 127
BRIEF in Opposition re #113 Motion for Summary Judgment filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 PLAINTIFFS CONSISE STATEMENT OF ADDITIONAL MATERIAL FACTS, #2 PLAINTIFFS' COUNTER-STATEMENT OF FACTS, #3 Certificate of Service) (Horowitz, Daniel)
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Filing 132
RESPONSE to #114 Concise Statement of Material Facts filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (ept)
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Filing 131
CONCISE STATEMENT OF MATERIAL FACTS re #127 Brief in Opposition to Motion by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (ept)
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Filing 126
BRIEF in Opposition re #106 Motion for Partial Summary Judgment, filed by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 125
BRIEF in Opposition re #110 Motion to Certify Class, filed by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 124
NOTICE of Consent Filing as to Alex Reinig, et al. by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 123
SEALED DOCUMENT (Main document and attachments 1-32 are Exhibits in Support of #115 Appendix, attachments 33-35 are Exhibits in Support of #116 Brief in Support of Motion, #117 Errata) by RBS CITIZENS, N.A. This document Sealed pursuant to #105 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 2 Tab B, #2 Exhibit 3 Tab C, #3 Exhibit 4 Tab D, #4 Exhibit 5 Tab E, #5 Exhibit 6 Tab F, #6 Exhibit 7 Tab G, #7 Exhibit 8 Tab H, #8 Exhibit 9 Tab I, #9 Exhibit 10 Tab J, #10 Exhibit 11 Tab K, #11 Exhibit 12 Tab L, #12 Exhibit 13 Tab M, #13 Exhibit 14 Tab N, #14 Exhibit 15 Tab O, #15 Exhibit 16 Tab P, #16 Exhibit 17 Tab Q, #17 Exhibit 18 Tab R, #18 Exhibit 19 Tab S, #19 Exhibit 20 Tab T, #20 Exhibit 21 Tab U, #21 Exhibit 22 Tab V, #22 Exhibit 23 Tab W, #23 Exhibit 24 Tab X, #24 Exhibit 25 Tab Y, #25 Exhibit 26 Tab Z, #26 Exhibit 27 Tab AA, #27 Exhibit 28 Tab BB, #28 Exhibit 29 Tab CC, #29 Exhibit 30 Tab DD, #30 Exhibit 31 Tab EE, #31 Exhibit 32 Tab FF, #32 Exhibit 33 Tab GG, #33 Exhibit A, #34 Exhibit B, #35 Exhibit C) (ept) Text modified on 4/28/2017. (ept)
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Filing 122
SEALED DOCUMENT (Exhibits in support of #112 Brief in Support of Motion by RBS CITIZENS, N.A. This document Sealed pursuant to #105 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43) (ept)
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Filing 121
Errata re #119 Appendix, by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. Reason for Correction: Declaration to Appendix ommitted Exhibit 1-H(25), Exhibit 1-H(26), Exhibit 1-H(27), Exhibit 1-H(28), Exhibit 1-H(29), Exhibit 1-H(30), and Exhibit 1-TT (incorrectly filed unsigned as Exhibit 1-N (ECF Doc. No. 119-2)), and incorrectly identified Exhibit 1-H(1), Exhibit 1-H(3), Exhibit 1-H(4), Exhibit 1-H(5), Exhibit 1-H(6), and Exhibit 1-RR. (Attachments: #1 Exhibit 1-TT) (Boyette, Joshua)
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Filing 120
REDACTION to #119 Appendix, Exhibits 1-A through 1-SS filed under seal, main document is Exhibit 1-A by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1-B, #2 Exhibit 1-C, #3 Exhibit 1-D, #4 Exhibit 1-E, #5 Exhibit 1-F, #6 Exhibit 1-G, #7 Exhibit 1-H, #8 Exhibit 1-I, #9 Exhibit 1-J, #10 Exhibit 1-K, #11 Exhibit 1-L, #12 Exhibit 1-M, #13 Exhibit 1-O, #14 Exhibit 1-P, #15 Exhibit 1-Q, #16 Exhibit 1-R, #17 Exhibit 1-S, #18 Exhibit 1-T, #19 Exhibit 1-U, #20 Exhibit 1-V, #21 Exhibit 1-W, #22 Exhibit 1-X, #23 Exhibit 1-Y, #24 Exhibit 1-Z, #25 Exhibit 1-AA, #26 Exhibit 1-BB, #27 Exhibit 1-CC, #28 Exhibit 1-DD, #29 Exhibit 1-EE, #30 Exhibit 1-FF, #31 Exhibit 1-GG, #32 Exhibit 1-HH, #33 Exhibit 1-II, #34 Exhibit 1-JJ, #35 Exhibit 1-KK, #36 Exhibit 1-LL, #37 Exhibit 1-MM, #38 Exhibit 1-NN, #39 Exhibit 1-OO, #40 Exhibit 1-PP, #41 Exhibit 1-QQ, #42 Exhibit 1-RR, #43 Exhibit 1-SS) (Boyette, Joshua)
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Filing 119
Appendix to #110 Motion to Certify Class, by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Declaration of Joshua Boyette of Exhibits, #2 Exhibit 1-N - Declaration of Justin Swidler; Declaration of Joshua Boyette) (Boyette, Joshua)
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Filing 118
BRIEF in Support re #110 Motion to Certify Class, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Boyette, Joshua)
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Filing 117
Errata re #116 Brief in Support of Motion by RBS CITIZENS, N.A.. Reason for Correction: Missing Exhibits B and C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Etter, Richard)
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Filing 116
BRIEF in Support re #113 Motion for Summary Judgment filed by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A) (Etter, Richard)
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Filing 115
Appendix to #113 Motion for Summary Judgment by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 114
CONCISE STATEMENT OF MATERIAL FACTS re #113 Motion for Summary Judgment by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 113
MOTION for Summary Judgment by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 112
BRIEF in Support re #111 Motion to Decertify FLSA Collective Action, filed by RBS CITIZENS, N.A. (Attachments: #1 Exhibit A - Declaration of Richard L. Etter) (Etter, Richard)
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Filing 111
MOTION to Decertify FLSA Collective Action by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 110
MOTION to Certify Class by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. Responses due by 5/12/2017 (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 109
REDACTION to #108 Appendix, Exhibits 1-A through 1-E filed under seal, main document is Exhibit 1-A by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1-B, #2 Exhibit 1-C, #3 Exhibit 1-D, #4 Exhibit 1-E) (Boyette, Joshua)
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Filing 108
Appendix to #106 Motion for Partial Summary Judgment, by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Declaration) (Boyette, Joshua)
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Filing 107
BRIEF in Support re #106 Motion for Partial Summary Judgment, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Boyette, Joshua)
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Filing 106
MOTION for Partial Summary Judgment by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 105
ORDER granting #101 MOTION for Leave to File Documents Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Judge Arthur J. Schwab on 4/21/17. (ms)
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Filing 104
ORDER Granting #100 Motion for Leave to Exceed Page Limit. Signed by Judge Arthur J. Schwab on 4/21/17. (ms)
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Filing 103
ORDER Granting #99 Motion for Leave to File Documents Under Seal. Signed by Judge Arthur J. Schwab on 4/21/17. (ms)
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Filing 102
ORDER granting #98 Motion for Leave to File Enlarged Memoranda of Law in Support of its Motion to Decertify the Collective Action and Motion for Summary Judgment. Signed by Judge Arthur J. Schwab on 4/21/17. (ms)
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Filing 101
MOTION for Leave to File Documents Under Seal by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Certificate of Service, #2 Proposed Order) (Horowitz, Daniel)
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Filing 100
UNOPPOSED MOTION for Permission to Exceed Page Limit by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Horowitz, Daniel) Modified on 4/21/2017. (plh)
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Filing 99
CONSOLIDATED MOTION for Leave to File Documents Under Seal by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard) Modified on 4/21/2017. (plh)
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Filing 98
MOTION for Leave to File Enlarged Memorandum of Law in Support of Defendant's Motion to Decertify the Collective Action and Motion for Summary Judgment by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 97
ORDER granting in part and denying in part #91 Motion to Compel Depositions of Certain Opt-In Plaintiffs. The Court finds that, in general, the request of Defendant to compel an additional nine individuals to testify at depositions on the eve of the end of discovery thereon (March 31, 2017) is unreasonable and untimely. Defendant has already taken the depositions of 10 Named Plaintiffs and 7 Opt-In Plaintiffs, with an additional 3 still to be deposed. The Court will deny Defendant's Motion to Compel with the exception of Ms. Kraft, who was initially noticed for a deposition on March 3, 2017, but had to cancel at the last minute due to an emergency. The Court will permit Defendant to take her deposition out of time. The parties shall meet and confer (by telephone) to work out a reasonable schedule for Ms. Kraft's deposition. In all other respects, Defendant's Motion is DENIED. Signed by Judge Arthur J. Schwab on 3-30-17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nam)
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Filing 96
ORDER GRANTING #94 Motion to Withdraw Motion for Protective Order; and WITHDRAWING AS MOOT #92 Motion for Protective Order. Signed by Judge Arthur J. Schwab on 3/30/17. (lck)
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Filing 95
RESPONSE IN OPPOSITION to #91 Motion to Compel, filed by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1 - Certification of Joshua S. Boyette, #2 Exhibit 2, #3 Exhibit 3) (Boyette, Joshua)
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Filing 94
Consent MOTION to Withdraw #92 MOTION for Protective Order Prohibiting Plaintiffs from Conducting a Second 30(b)(6) Deposition by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 93
TEXT ORDER re #91 Motion to Compel filed by RBS CITIZENS, N.A., and #92 Motion for Protective Order filed by RBS CITIZENS, N.A., - Responses to those motions are due by 3/29/2017. Signed by Judge Arthur J. Schwab on 3/27/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 92
MOTION for Protective Order Prohibiting Plaintiffs from Conducting a Second 30(b)(6) Deposition by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 91
MOTION to Compel Opt-In Plaintiffs to Appear for Deposition by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A, #2 Proposed Order) (Etter, Richard)
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Filing 90
THIRD AMENDED CASE MANAGEMENT ORDER: Discovery due by 3/17/2017; Plaintiffs' Expert Reports due by 3/10/2017; Defendant's Expert Reports due by 3/24/2017; Expert Depositions to be completed by 4/7/2017; Summary Judgment due by 4/21/2017; Response to Summary Judgment due by 5/12/2017; Plaintiff Pretrial Statement due by 6/12/2017; Defendant Pretrial Statement due by 6/23/2017. Motions terminated: #89 See order for more complete details. Signed by Judge Arthur J. Schwab on 2/7/17. (lck)
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Filing 89
Consent MOTION to Modify the Case Management Order and Extend Deadlines Related to Expert Discovery by VALERIE DAL PINO, TERESA FRAGALE, MARY LOU GRAMESKY, KEN GRITZ, DAVID HOWARD, WILLIAM KINSELLA, DANIEL KOLENDA, AHMAD NAJI, ROBERT PEDERSON, ALEX REINIG, PETER WILDER SMITH, BOB SODA. (Attachments: #1 Exhibit 1 - Proposed Third Amended CMO, #2 Proposed Order) (Boyette, Joshua)
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Filing 88
ANSWER to #85 Amended Complaint, by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 87
AFFIDAVIT of Special Master pursuant to FRCP 53 by DAVID R. COHEN Affiant: David R. Cohen. (Cohen, David)
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Filing 86
ORDER APPROVING #82 Joint Stipulation for Appointment of Special Master. DAVID R. COHEN appointed Special Master. Signed by Judge Arthur J. Schwab on 12/22/16. (lck)
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Update Answer Deadline: Answer due from RBS CITIZENS, N.A. on 1/4/2017. (ept)
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Filing 85
AMENDED COMPLAINT against RBS CITIZENS, N.A., filed by ALEX REINIG, KEN GRITZ, BOB SODA, MARY LOU GRAMESKY, PETER WILDER SMITH, WILLIAM KINSELLA, DANIEL KOLENDA, VALERIE DAL PINO, AHMAD NAJI, ROBERT PEDERSON, TERESA FRAGALE, DAVID HOWARD. (Boyette, Joshua) Text Modified on 12/22/2016. (ept)
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Filing 84
TEXT ORDER APPROVING #83 Stipulation to file an Amended Complaint filed by ALEX REINIG, KEN GRITZ, BOB SODA. Said Amended Complaint shall be filed on ECF by 12/23/16. Signed by Judge Arthur J. Schwab on 12/21/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 83
STIPULATION To File an Amended Complaint by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Proposed Amended Complaint) (Boyette, Joshua)
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Filing 82
STIPULATION (Joint) Regarding Appointment of Special Master by KEN GRITZ, ALEX REINIG, BOB SODA. (Boyette, Joshua)
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The Parties shall file a joint stipulation selecting a Special Master to address motions for summary judgment and/or motions for class certification and collective action decertification as discussed at the status conference on November 16, 2016 (see doc. no. #80 ), by 12:00 pm (noon) on Wednesday, December 14, 2016. Signed by Judge Arthur J. Schwab on 12/12/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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Filing 81
NOTICE of Consent Filing as to Alex Reinig, et al. by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Form) (Boyette, Joshua)
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Filing 80
Minute Entry for proceedings held before Judge Arthur J. Schwab: Status Conference held on 11/17/2016. (Court Reporter: Sandra Wenger Goffe) (lck)
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Filing 79
NOTICE of Consent Filing as to Alex Reinig, et al. by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 78
NOTICE of Consent Filing as to Alex Reinig, et al. by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 77
NOTICE of Consent Filing as to Alex Reinig, et al. by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 76
NOTICE of Consent Filing as to Alex Reinig, et al. by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 75
NOTICE of Filing of Consent by KEN GRITZ, ALEX REINIG, BOB SODA (Attachments: #1 Consent Forms) (Boyette, Joshua)
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Filing 74
NOTICE of Consent Filing as to Alex Reinig, et al. by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 73
NOTICE of Consent Filing as to Konstantinos Karametros, Donna Vitalone, John Astrologo, Steven Mrowca and Danielle Kraft by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua) Modified on 8/22/2016 to edit ddocket text. (ksa)
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Filing 72
NOTICE of Consent Filing as to Alex Reinig, et al. by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 71
NOTICE of Consent Filing as to Alex Reinig, et al. by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 70
NOTICE of Consent Filing as to Alex Reinig, et al. by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 69
DISTRICT JUDGE OPTION by KEN GRITZ, ALEX REINIG, BOB SODA to have this case randomly assigned to a U.S. District Judge. (Horowitz, Daniel)
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Filing 68
NOTICE THAT DEFENDANT DOES NOT WISH TO PROCEED TO TRIAL BEFORE MAGISTRATE JUDGE by RBS CITIZENS, N.A. (Etter, Richard)
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Filing 67
NOTICE of Appearance by Daniel A. Horowitz on behalf of KEN GRITZ, ALEX REINIG, BOB SODA. (Horowitz, Daniel)
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Filing 66
SECOND CASE MANAGEMENT ORDER: The parties will complete mediation with the Hon. Kenneth Benson on 11/16/16; Status Conference set for 11/17/2016 at 9:30 AM in Courtroom 7C before Judge Arthur J. Schwab; Discovery due by 3/17/2017; Plaintiff Pretrial Statement due by 6/12/2017; Defendant Pretrial Statement due by 6/23/2017; Plaintiff Expert Reports due by 2/13/2017; Defendant Expert Reports due by 2/27/2017; Expert Depositions to be completed by 3/17/2017; Summary Judgment due by 4/21/2017; Response to Summary Judgment due by 5/12/2017; Willingness to proceed before Magistrate Judge due by 6/24/2016. Signed by Judge Arthur J. Schwab on 5/31/16. (ms)
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Filing 65
PRETRIAL ORDER: Plaintiffs' witness list due by 7/31/2017, Defendant's witness list due by 8/4/2017. Motions in Limine due by 8/7/2017, Response to Motions in Limine due by 8/14/2017. Proposed Verdict Slips, Jury Instructions, and Voir Dire due by 8/14/2017. Joint Stipulations due by 8/14/2017. Joint Exhibit List due by 8/21/2017. Preliminary Pretrial Conference set for 9/13/2017 09:30 AM in Courtroom 7C before Judge Arthur J. Schwab. Pretrial Conference set for 9/21/2017 09:30 AM in Courtroom 7C before Judge Arthur J. Schwab. Jury Selection and Trial set for 9/25/2017 09:00 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 5/31/16. (eet)
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Filing 64
Proposed Case Management Order AMENDED by KEN GRITZ, ALEX REINIG, BOB SODA. (Boyette, Joshua)
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Filing 63
NOTICE of Appearance by Gretchen Woodruff Root on behalf of RBS CITIZENS, N.A.. (Root, Gretchen)
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Filing 62
ORDER APPROVING #61 Stipulation Regarding Notice filed by ALEX REINIG, KEN GRITZ, BOB SODA. Signed by Judge Arthur J. Schwab on 5/17/16. (lck)
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Filing 61
STIPULATION as to Joint Proposed Notice and Plan by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit A - Joint Proposed Notice, #2 Exhibit B - Proposed Order) (Boyette, Joshua)
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Filing 60
NOTICE of Consent Filing as to David Bouder and Joseph Tarzia by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit A: Consent Forms) (Boyette, Joshua)
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Filing 59
Minute Entry for proceedings held before Judge Arthur J. Schwab: Status Conference held on 5/10/2016. The parties need to select a 2nd mediation date and file a notice with the Court. Immediately thereafter, parties to file a Joint Revised Scheduling Order. (Court Reporter: Karen Early) (lck)
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Filing 58
TEXT ORDER - The TIME of the Status Conference scheduled for 5/10/16 at 9:00 AM has been CHANGED to 10:15 AM. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Arthur J. Schwab on 5/9/16. (ms)
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Filing 57
MEMORANDUM ORDER GRANTING #37 Motion to Conditionally Certify Class. The Parties are ordered to submit a joint proposed notice to potential opt-in plaintiffs and a plan to provide said notice by May 16, 2016. Any disagreements between the Parties regarding the proposed notice and/or plan should be clearly set forth within the same document and each Party's respective position should be supported by citations to authority. Signed by Judge Arthur J. Schwab on 5/3/2016. (eet)
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Status Conference set for 5/10/2016 09:00 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 5/3/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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Filing 56
SEALED DOCUMENT (Exhibits 1-3 to #51 Reply Brief; Exhibit 1 is the main document) by KEN GRITZ, ALEX REINIG, BOB SODA. This document Sealed pursuant to 52 Text-Only Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 2, #2 Exhibit 3) (ept)
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Filing 55
REDACTION to #51 Reply Brief Exhibits 1-3 pursuant to 52 Order on Motion for Leave to File Documents Under Seal; Exhibit 1 is the main document by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit 2, #2 Exhibit 3) (Boyette, Joshua)
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Filing 54
SEALED DOCUMENT (Exhibits A-Q to #37 Motion to Certify Class; Exhibit A is the main document) by KEN GRITZ, ALEX REINIG, BOB SODA. This document Sealed pursuant to #40 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q) (ept)
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Filing 53
REDACTION to #40 Order on Motion for Leave to File Documents Under Seal Exhibit A by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q) (Boyette, Joshua)
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Filing 52
ORDER granting #50 MOTION for Leave to File Documents Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Judge Arthur J. Schwab on 4/27/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ms)
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Filing 51
REPLY BRIEF re #37 Motion to Certify Class filed by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Certification of Exhibits) (Boyette, Joshua)
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Filing 50
MOTION for Leave to File Documents Under Seal by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 49
SEALED DOCUMENT (Brief in Opposition to Motion to Certify Class) by RBS CITIZENS, N.A. This document Sealed pursuant to #46 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (ept)
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Filing 48
TEXT ORDER: Plaintiffs shall file a Reply brief in support of their Motion for Conditional Certification (doc. no. #37 ) by 12:00 pm (noon) on 4/27/2016. The brief shall not exceed five (5) pages. Signed by Judge Arthur J. Schwab on 4/21/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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Filing 47
BRIEF in Opposition re #37 Motion to Certify Class filed by RBS CITIZENS, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Proposed Order) (Etter, Richard)
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Filing 46
ORDER GRANTING #44 MOTION for Leave to File Documents Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Judge Arthur J. Schwab on 4/20/16. (lck)
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Filing 45
ORDER GRANTING #43 Motion for Leave to File Memorandum of Law in Opposition up to 24 pages in length. Signed by Judge Arthur J. Schwab on 4/20/16. (lck)
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Filing 44
MOTION for Leave to File Documents Under Seal by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 43
MOTION for Leave to File an Enlarged Memorandum of Law in Opposition to Plaintiffs Motion for Conditional Certification Under FLSA by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 42
NOTICE of Consent Filing as to Renee Staiger, Stephen Bamberski, and Karen Jindra by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit A: Consent Forms) (Boyette, Joshua)
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Filing 40
ORDER GRANTING #38 MOTION for Leave to File Documents Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Judge Arthur J. Schwab on 4/11/16. (lck)
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Filing 39
TEXT ORDER re #37 Motion to Certify Class filed by Plaintiffs. Defendant's Response to Motion due by 4/20/2016. Signed by Judge Arthur J. Schwab on 4/11/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #37 Motion to Certify Class ERROR: Memorandum of Law (Brief in support of) 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 #41 BRIEF in Support re #37 Motion to Certify Class. This message is for informational purposes only. (jv)
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Filing 38
MOTION for Leave to File Documents Under Seal in connection with Motion to Certify Class by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 41
BRIEF in Support re #37 Motion to Certify Class filed by KEN GRITZ, ALEX REINIG, BOB SODA. (jv)
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Filing 37
MOTION to Certify Class by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Proposed Order, #2 Memorandum of Law, #3 Certification of Exhibits to be filed under seal) (Boyette, Joshua)
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Filing 36
NOTICE of Consent Filing as to Jeffrey Cowan by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit A: Consent Form) (Boyette, Joshua)
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Filing 35
ORDER GRANTING #34 Motion to Modify. Second Amended Case Management Order filed. Plaintiffs shall file any Motion for Conditional Action Certification by 4/8/16. (All other dates at Amended Case Management Order, Doc. No.26 remain the same. Signed by Judge Arthur J. Schwab on 3/23/16. (lck) Modified on 4/11/2016. (lck)
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Filing 34
MOTION to Modify the Scheduling Order and for an Extension of Time to File Plaintiffs' Motion for Conditional Collective Action Certification by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 33
NOTICE of Consent Filing as to Bernadette Dorne, James Sutcliffe, James Wardwell, and Mark Dinardo by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit A: Consent Forms) (Boyette, Joshua)
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Filing 32
REPORT of Mediation: Case has not been resolved. The parties adjourned the mediation in contemplation of reconvening. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 3/9/2016. (Benson, Kenneth)
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Filing 31
NOTICE of Consent Filing as to Kathleen Hoenigman and Michelle Filler by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit Consent Forms) (Boyette, Joshua)
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Filing 30
NOTICE of Consent Filing as to Douglas Prosperi by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit A: Consent Form) (Boyette, Joshua)
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Filing 29
STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Arthur J. Schwab on 2/3/16. (lck)
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Filing 28
STIPULATED PROTECTIVE ORDER (Proposed) by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 27
NOTICE of Consent Filing as to Teresa Fragale, Laurie Gaye, Melissa Kerick, Joseph Lake, Tiffany Matlock, and James Schwartz by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit A: Consent Forms) (Boyette, Joshua)
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Filing 26
AMENDED CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 2/1/2016; Motion to Compel due by 2/5/2016; Response to Motion to Compel due by 2/12/2016; Amended Pleadings due by 4/8/2016; Discovery due by 3/31/2016; Plaintiff Pretrial Statement due by 11/21/2016; Defendant Pretrial Statement due by 12/2/2016; Summary Judgment due by 10/14/2016; Response to Summary Judgment due by 10/24/2016; Willingness to proceed before Magistrate Judge due by 2/18/2016. Signed by Judge Arthur J. Schwab on 1/27/16. (lck)
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Filing 25
Proposed Case Management Order (Amended) by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 24
Proposed Case Management Order Supplemental by KEN GRITZ, ALEX REINIG, BOB SODA. (Boyette, Joshua)
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Filing 23
PRETRIAL ORDER: Plaintiff witness list due by 10/24/2016; Defendant Witness list due by 10/31/2016; Points for Charge due by 11/7/2016; Exhibit List due by 11/15/2016; Proposed Verdict Slips due by 11/7/2016; Proposed Voir Dire by 11/7/2016; Stipulation due by 11/7/2016; Motions in Limine due by 11/2/2016; Response to Motions in Limine due by 11/7/2016; Jury Trial set for 12/5/2016 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab; Pretrial Conference set for 11/29/2016 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab; Preliminary Pretrial Conference set for 11/18/2016 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 1/19/16. (ms)
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Filing 22
ORDER REFERRING CASE to Mediation. Hon. Kenneth Benson is appointed as mediator. Mediation is scheduled for 3/9/16. Signed by Judge Arthur J. Schwab on 1/19/16. (ms)
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Filing 21
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 2/2/2016; Motion to Compel due by 2/9/2016; Response to Motion to Compel due by 2/19/2016; Conditional Certification Discovery by 3/31/2016; Willingness to proceed before Magistrate Judge due by 2/18/2016. Signed by Judge Arthur J. Schwab on 1/19/15. (ms)
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Filing 20
Minute Entry for proceedings held before Judge Arthur J. Schwab: Case Management Conference held on 1/19/2016. Case Management and Pretrial Orders issued. Parties agreed to mediate before Hon. Kenneth Benson on 3/9/16. Parties are to file a Supplemental Case Management Order by 1/21/16 at Noon. Discussed pre-mediation/ENE discovery. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter: K. Earley) (ms) Modified on 1/19/2016. (ms)
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Filing 19
Defendant's ANSWER to #1 Complaint (Individual, Class, and Collective Action) by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 18
Disclosure Statement identifying Citizens Financial Group, Inc. as corporate parent or other affiliate, by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 17
STIPULATION selecting ADR process by RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 16
TEXT ORDER STRIKING #14 -1 Stipulation selecting ADR process for failure to select a mediator and for failure to choose a specific date for the ADR session, which must occur within 60 days of the Initial Case Management Conference. A fully completed Stipulation selecting ADR process is due on or before 1/15/16. Signed by Judge Arthur J. Schwab on 1/13/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or notice on the matter. (ms) Modified on 1/13/2016. (ms)
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Filing 15
Proposed Case Management Order by KEN GRITZ, ALEX REINIG, BOB SODA. (Boyette, Joshua)
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Filing 14
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Stipulation Selecting ADR Process) (Boyette, Joshua)
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Filing 13
ORDER granting #12 Motion for Permission to Conduct Rule 26(f) Conference Via Telephone. Signed by Judge Arthur J. Schwab on 1/11/16. (lck)
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Filing 12
Joint MOTION for permission to conduct Rule 26(f) conference by telephone by RBS CITIZENS, N.A.. (Attachments: #1 Proposed Order) (Etter, Richard)
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Filing 11
ORDER granting #10 Motion for Joshua S. Boyette to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 12/30/15. (ms)
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Filing 10
MOTION for attorney Joshua S. Boyette, Esq. to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3815429) by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Exhibit A: Certificate of Good Standing) (Boyette, Joshua)
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Filing 9
NOTICE of Consent Filing as to Alex Reinig, Ken Gritz, Bob Soda, and Gary Brown by KEN GRITZ, ALEX REINIG, BOB SODA. (Attachments: #1 Exhibit A: Consent Forms) (Swidler, Justin)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Stipulation for Extension of Time to Answer, #7 Stipulation for Extension of Time to Answer. ERROR: Documents are duplicates. CORRECTION: Duplicate document No. 7 terminated. These submissions will remain on the docket unless otherwise ordered by the Court. This message is for informational purposes only. (ept)
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Filing 8
ORDER APPROVING #5 Stipulation for Extension of Time to Answer filed by RBS CITIZENS, N.A.. Answer due date 1/15/16. Signed by Judge Arthur J. Schwab on 12/14/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 7
Stipulation for Extension of Time to Answer by RBS CITIZENS, N.A. Answer due from RBS CITIZENS, N.A. (Etter, Richard) Document is a duplicate of #5 and has been removed from public view. Modified on 12/15/2015. (ept)
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Filing 6
NOTICE of Appearance by Richard L. Etter on behalf of RBS CITIZENS, N.A.. (Etter, Richard)
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Filing 5
Stipulation for Extension of Time to Answer by RBS CITIZENS, N.A. Answer due from All Defendants on 1/15/2016. (Etter, Richard) Text modified on 12/15/2015. (ept)
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Filing 4
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. (ms)
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Filing 3
ORDER SETTING Initial Case Management for 1/19/2016 at 09:00 AM in Courtroom 7C before Judge Arthur J. Schwab. 26(f) Report, Proposed Case Management Order, and ADR Stipulation are due on 1/11/16. Defendants shall file an answer on or before December 16, 2015. Counsel for Plaintiff is hereby directed to immediately serve the Order Setting Initial Case Management Conference together with the Complaint upon Defendant or Counsel for Defendant. Signed by Judge Arthur J. Schwab on 11/30/15. (lck)
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Filing 2
SUMMONS/Return of Service Returned Executed by ALEX REINIG, KEN GRITZ, BOB SODA. RBS CITIZENS, N.A. served on 11/25/2015, answer due 12/16/2015. (Swidler, Justin)
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Summons Issued as to *RBS CITIZENS, N.A.* (ept)
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Filing 1
COMPLAINT against RBS CITIZENS, N.A. (Filing fee, including Administrative fee, $400, receipt number 0315-3782055), filed by ALEX REINIG, KEN GRITZ, BOB SODA. (Attachments: #1 Civil Cover Sheet, #2 Summons) (ept)
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