FITCH v. GIANT EAGLE, INC.
| ANDREW FITCH, MICHAELLE HUTCHISON and RICHARD D'ALESSANDRO |
| GIANT EAGLE INC |
| 2:2018cv01534 |
| November 15, 2018 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Cynthia Reed Eddy |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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Filing 62
TEXT ORDER: Telephonic Status Conference set for 1/23/2019 at 02:00 PM before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 1/7/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #60 Motion to Certify Class. ERROR: Brief 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 #61 BRIEF in Support re #60 Motion to Certify Class. This message is for informational purposes only. (jv) |
| Filing 61 BRIEF in Support re #60 Motion to Certify Class, filed by RICHARD D'ALESSANDRO, ANDREW FITCH, MICHAELLE HUTCHISON. (jv) |
| Filing 60 MOTION to Certify Class Pursuant to Fair Labor Standards Act, 29 U.S.C. 216(b) by RICHARD D'ALESSANDRO, ANDREW FITCH, MICHAELLE HUTCHISON. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Memorandum of Law in Support of Conditional Certification and Notice, #2 Exhibit Declaration of Andrew Fitch, #3 Exhibit Declaration of Richard D'Alessandro, #4 Exhibit Declaration of Michele Hutchison, #5 Exhibit Declaration of Andre Christian, #6 Exhibit Declaration of Drew Sandora, #7 Exhibit Declaration of Lorraine Smith, #8 Exhibit Declaration of William Upshaw, #9 Exhibit Tasks List, #10 Exhibit Tasks List, #11 Exhibit Job Postings, #12 Exhibit Notice of Collective Action Lawsuit, #13 Exhibit Consent To Become A Party Plaintiff Form, #14 Exhibit Reminder Postcard, #15 Proposed Order) (Conway, Jason) |
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Filing 59
ORDER granting #58 Motion for Extension of Time to File Answer: Giant Eagle's response to plaintiffs' Amended Complaint must be filed by January 22, 2019. Signed by Magistrate Judge Cynthia Reed Eddy on 1/4/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
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| Update Answer Deadline: Answer due from GIANT EAGLE INC on 1/22/2019. (ajt) |
| Filing 58 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Amended Complaint by GIANT EAGLE INC. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Hill, Brian) |
| Filing 57 NOTICE of Appearance by Brian C. Hill on behalf of GIANT EAGLE INC. (Hill, Brian) |
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Filing 56
TEXT ORDER: Plaintiffs' #55 motion for equitable tolling is GRANTED for the reasons set forth in this court's previous Order of 10/10/2018 #49 at Civil Action Number 2:18-cv-282. The statute of limitations is tolled until fourteen (14) days following the district judge's decision on Defendants' anticipated motion to dismiss at Civil Action Number 2:18-cv-1534 and Civil Action Number 2:18-cv-282. Defendants shall file a responsive pleading to Plaintiffs' First Amended Complaint in both civil actions by January 11, 2019. Signed by Magistrate Judge Cynthia Reed Eddy on 1/2/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
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| Filing 55 MOTION for Equitable Tolling of the statute of limitations by RICHARD D'ALESSANDRO, ANDREW FITCH, MICHAELLE HUTCHISON. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Conway, Jason) |
| Filing 54 First AMENDED COMPLAINT - Class and Collective Action against GIANT EAGLE INC, filed by ANDREW FITCH. (Conway, Jason) |
| Filing 53 Minute Entry for Telephonic Status Conference held before Chief Magistrate Judge Cynthia Reed Eddy on 12/4/2018. (Court Reporter: none) (sms) |
| Magistrate Judge Cynthia Reed Eddy no longer presiding in case. (nll) |
| Judge David S. Cercone presiding and Magistrate Judge Cynthia Reed Eddy referred. (nll) |
| Filing 52 Case transferred in from District of Indiana Southern; Case Number 1:18-cv-01236. Original file certified copy of transfer order and docket sheet received. |
| Filing 51 Transfer Letter to Clerk of the Western District of Pennsylvania. Case transferred electronically to Western District of Pennsylvania, on 11/9/2018. (CKM) |
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Filing 50
ORDER APPROVING JOINT STIPULATION ANDTRANSFERRING CASE TO UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA; The parties, by counsel, having filed their Joint Stipulation to Transfer Case to United States District Court for the Western District of Pennsylvania ("Stipulation"), and the Court having considered the Stipulation and being duly advised, the Court now approves the Stipulation and orders as follows: This case is hereby transferred to the United States District Court for the Western District of Pennsylvania pursuant to 28 U.S.C. 1404(a). Signed by Judge Sarah Evans Barker on 11/9/2018. (CKM)
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| Filing 49 STIPULATION (Joint Stipulation to Transfer of Case to United States District Court for the Western District of Pennsylvania), filed by Plaintiff ANDREW FITCH. (Attachments: #1 Text of Proposed Order)(Gilchrist, Scott) |
| Filing 48 NOTICE of Filing Withdrawal of Opt-In Plaintiff, William Upshaw by ANDREW FITCH (Shavitz, Gregg) |
| Filing 47 NOTICE of Filing Of Filing Consent to Join for Lorraine Smith by ANDREW FITCH (Shavitz, Gregg) |
| Filing 46 NOTICE of Filing Of Filing Consent to Join for Drew Sandora by ANDREW FITCH (Shavitz, Gregg) |
| Filing 45 NOTICE of Filing Consent to Join by ANDREW FITCH (Shavitz, Gregg) |
| Filing 44 NOTICE of Filing Consent to Join by ANDREW FITCH (Shavitz, Gregg) |
| Filing 43 NOTICE of Filing Consent to Join by ANDREW FITCH (Shavitz, Gregg) |
| Filing 42 NOTICE of Filing Consent to Join by ANDREW FITCH (Shavitz, Gregg) |
| Filing 41 NOTICE of Filing Consent to Join by ANDREW FITCH (Shavitz, Gregg) |
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Filing 40
ORDER denying as moot Defendant's #13 Motion to Stay. Signed by Judge Sarah Evans Barker on 8/3/2018. (MAC)
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| Filing 39 Remark - Received Order Denying Motion to Transfer to centralize litigation in the Western District of Pennsylvania, Received by the Clerk of the JMPL (MDL - 2852). (MAC) |
| Filing 38 NOTICE Of Order Denying Defendant's Motion For Transfer Of Action, filed by Plaintiff ANDREW FITCH, re #13 MOTION to Stay . (Attachments: #1 Exhibit A - Order Denying Transfer) (Jones, Camar) |
| Filing 37 BRIEF/MEMORANDUM in Support re #23 MOTION to Transfer Case Supplemental, filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Exhibit 1 - Hearing Transcript)(Marcus, Jonathan) |
| Filing 36 Submission of Signature Requirement re #35 Reply in Support of Motion by GIANT EAGLE, INC.. (Marcus, Jonathan) |
| Filing 35 REPLY in Support of Motion re #23 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a), filed by Defendant GIANT EAGLE, INC.. (Barnes, Robert) |
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Filing 34
ORDER granting Defendant's #33 Motion for Extension of Time to File Reply to 7/9/2018 re #23 MOTION to Transfer Case . Signed by Magistrate Judge Tim A. Baker on 6/29/2018. (SWM)
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| Filing 33 Unopposed MOTION for Extension of Time to File Reply to 7/9/2018 re #23 MOTION to Transfer Case , filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Text of Proposed Order)(Barnes, Robert) |
| Filing 32 RESPONSE in Opposition re #23 MOTION to Transfer Case , filed by Plaintiff ANDREW FITCH. (Shavitz, Gregg) |
| Filing 31 REPLY in Support of Motion re #21 MOTION to Dismiss pursuant to Federal Rules of Civil Procedure 8(a)(2) and 12(b)(6) , filed by Defendant GIANT EAGLE, INC.. (Marcus, Jonathan) |
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Filing 30
ORDER granting Plaintiff's #27 Motion for Extension of Time to File Response to 6/25/2018 re #23 MOTION to Transfer Case . Signed by Magistrate Judge Tim A. Baker on 6/19/2018. (SWM)
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| Filing 29 Submission of Proposed Order , re #27 Unopposed MOTION for Extension of Time to File Response to 06/25/2018 re #23 MOTION to Transfer Case , filed by Plaintiff ANDREW FITCH. (Shavitz, Gregg) |
| Filing 28 BRIEF/MEMORANDUM in Support re #13 MOTION to Stay Supplemental, filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Exhibit A - Hearing Session Order)(Marcus, Jonathan) |
| Filing 27 Unopposed MOTION for Extension of Time to File Response to 06/25/2018 re #23 MOTION to Transfer Case , filed by Plaintiff ANDREW FITCH. (Shavitz, Gregg) |
| Filing 26 RESPONSE in Opposition re #21 MOTION to Dismiss pursuant to Federal Rules of Civil Procedure 8(a)(2) and 12(b)(6) , filed by Plaintiff ANDREW FITCH. (Shavitz, Gregg) |
| Filing 25 REPLY in Support of Motion re #13 MOTION to Stay , filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Exhibit A Tolling Agreement, #2 Exhibit B Tolling Agreement, #3 Exhibit C Letter, #4 Exhibit D - Email)(Barnes, Robert) |
| Filing 24 BRIEF/MEMORANDUM in Support re #23 MOTION to Transfer Case , filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Exhibit A Tolling Agreement, #2 Exhibit B - Pa. Litig., Compl., #3 Exhibit C - Pa. Litig., Notice, #4 Exhibit D - Pa. Litig., Notice, #5 Exhibit E - Tolling Agreement, #6 Exhibit F - Letter, #7 Exhibit G - Email, #8 Exhibit H - Table)(Barnes, Robert) |
| Filing 23 MOTION to Transfer Case , filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Text of Proposed Order)(Barnes, Robert) |
| Filing 22 BRIEF/MEMORANDUM in Support re #21 MOTION to Dismiss pursuant to Federal Rules of Civil Procedure 8(a)(2) and 12(b)(6) , filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Exhibit A - Encino Motorcars, LLC v. Navarro, 584 U.S. ___ (2018))(Barnes, Robert) |
| Filing 21 MOTION to Dismiss pursuant to Federal Rules of Civil Procedure 8(a)(2) and 12(b)(6), filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Text of Proposed Order)(Barnes, Robert) |
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Filing 20
ORDER granting #19 Motion to Appear pro hac vice. Attorney Jonathan D. Marcus for GIANT EAGLE, INC. added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Jonathan D. Marcus via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/1/2018. (SWM)
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| Filing 19 MOTION for Attorney(s) Jonathan D. Marcus to Appear pro hac vice (Filing fee $100, receipt number 0756-4902871), filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Barnes, Robert) |
| Filing 18 RESPONSE in Opposition re #13 MOTION to Stay , filed by Plaintiff ANDREW FITCH. (Attachments: #1 Exhibit A (tolling agreement), #2 Exhibit B (tolling agreement), #3 Exhibit C (emails between counsel), #4 Exhibit D (JPML entry on briefing))(Gilchrist, Scott) |
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Filing 17
ORDER granting Michael J. Palitz's #10 Motion to Appear pro hac vice on behalf of ANDREW FITCH. Signed by Magistrate Judge Tim A. Baker on 5/16/2018. (SWM)
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Filing 16
ORDER granting Camar R. Jones' #9 Motion to Appear pro hac vice on behalf of ANDREW FITCH. Signed by Magistrate Judge Tim A. Baker on 5/16/2018. (SWM)
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Filing 15
ORDER granting Gregg I. Shavitz's #8 Motion to Appear pro hac vice on behalf of ANDREW FITCH. Signed by Magistrate Judge Tim A. Baker on 5/16/2018. (SWM)
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| Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION to Stay , filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Exhibit A Complaint (2:18-cv-282 (W.D. Pa.)), #2 Exhibit B Notice of Consent to Join, #3 Exhibit C Notice of Withdrawal of Consent to Join)(Barnes, Robert) |
| Filing 13 MOTION to Stay , filed by Defendant GIANT EAGLE, INC.. (Attachments: #1 Text of Proposed Order)(Barnes, Robert) |
| Filing 12 NOTICE of Filing by GIANT EAGLE, INC. (Attachments: #1 Exhibit 1 - Motion for Transfer of Action) (Barnes, Robert) |
| Filing 11 NOTICE of Appearance by Robert M. Barnes on behalf of Defendant GIANT EAGLE, INC.. (Barnes, Robert) |
| Filing 10 MOTION for Attorney(s) Michael J. Palitz to Appear pro hac vice (Filing fee $100, receipt number 0756-4881822), filed by Plaintiff ANDREW FITCH. (Attachments: #1 Text of Proposed Order)(Palitz, Michael) |
| Filing 9 MOTION for Attorney(s) Camar R. Jones to Appear pro hac vice (Filing fee $100, receipt number 0756-4881816), filed by Plaintiff ANDREW FITCH. (Attachments: #1 Text of Proposed Order)(Jones, Camar) |
| Filing 8 MOTION for Attorney(s) Gregg I. Shavitz to Appear pro hac vice (Filing fee $100, receipt number 0756-4881806), filed by Plaintiff ANDREW FITCH. (Attachments: #1 Text of Proposed Order)(Shavitz, Gregg) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 6 Summons Issued as to GIANT EAGLE, INC. (DJH) |
| Filing 5 NOTICE of Appearance by Richard E. Shevitz on behalf of Plaintiff Andrew Fitch. (Shevitz, Richard) |
| Filing 4 NOTICE of Appearance by Scott D. Gilchrist on behalf of Plaintiff Andrew Fitch. (Gilchrist, Scott) |
| Filing 3 Proposed Summons submitted for issuance by the clerk as to Giant Eagle, Inc.. (Gilchrist, Scott) |
| Filing 2 CIVIL COVER SHEET , filed by Plaintiff Andrew Fitch. (Gilchrist, Scott) |
| Filing 1 COMPLAINT (Collective Action Complaint and Demand For Jury Trial) against Giant Eagle, Inc., filed by Andrew Fitch. (Filing fee $400, receipt number 0756-4853833) (Attachments: #1 Exhibit A (Consent to Joint of Andrew Fitch))(Gilchrist, Scott) |
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