MITCHELL et al v. WELLS FARGO BANK, N.A.
Plaintiff: Virginia Ellison and CHRISTOPHER LEE MITCHELL
Defendant: WELLS FARGO BANK N.A.
Case Number: 2:2020cv02015
Filed: December 29, 2020
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Robert J Colville
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2021 Filing 51 MOTION for attorney J. Russ Bryant to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6369832) by VIRGINIA ELLISON, CHRISTOPHER LEE MITCHELL. (Attachments: #1 Affidavit of J. Russ Bryant, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Bryant, Joseph)
February 24, 2021 Opinion or Order Filing 50 ORDER indicating that the Order of Consolidation dated 2/22/21 #49 is vacated and this matter is marked as "re-opened." The Telephonic Initial Case Management Conference previously set for 2/24/21 at 9:00 AM will be rescheduled, as appropriate, by further Order of Court. Signed by Judge Robert J. Colville on 2/24/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
February 22, 2021 Opinion or Order Filing 49 ORDER indicating that upon consideration of the parties Joint Motion to Consolidate (Document No. #43 at 2:20-cv-02015-RJC), it is hereby ordered that said Motion is granted and Civil Action No. 2:19-cv-00587-RJC and Civil Action No. 2:20-cv-02015-RJC are hereby consolidated at Civil Action No. 2:19-cv-00587-RJC, in the United States District Court for the Western District of Pennsylvania before Judge Robert J. Colville. At Civil Action No. 2:19-cv-00587-RJC, the consolidated actions shall hereafter be captioned as follows: SANDRA BRUNO, on behalf of herself and similarly situated employees, Plaintiff, and CHRISTOPHER LEE MITCHELL, and VIRGINIA ELLISON, Individually, and on behalf of themselves and others similarly situated, Consolidated Plaintiffs, v. WELLS FARGO BANK, N.A., Defendant; that the member case, Civil Action No. 2:20-cv-02015-RJC shall be marked "Closed" and all further filings shall be made at the lead case, Civil Action No. 2:19-cv-00587-RJC; that in Civil Action No. 2:20-cv-02015-RJC the Initial Case Management Conference scheduled for 2/24/21 at 9:00 AM is hereby cancelled. The parties in that former action are excused from participation in the Court's ADR program; that on or before 3/1/21, the parties shall notify the Court with the filing of a Joint Status Report as to whether the Court may proceed with the disposition of the pending Motion to Conditionally Certify the FLSA Collective Action (ECF No. 76 ) on the briefs as currently submitted, bearing in mind that Plaintiffs need only make a modest factual showing in support of said motion. Signed by Judge Robert J. Colville on 2/22/21. (jg)
February 17, 2021 Opinion or Order Filing 48 ORDER granting #47 Motion for Robert E. Morelli, III, Esquire to Appear Pro Hac Vice on behalf of Plaintiffs. Signed by Judge Robert J. Colville on 2/17/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
February 17, 2021 Filing 47 MOTION for attorney Robert E. Morelli, III to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6347124) by VIRGINIA ELLISON, CHRISTOPHER LEE MITCHELL. (Attachments: #1 Affidavit of Robert E. Morelli, III, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Morelli, Robert)
February 16, 2021 Filing 46 STIPULATION selecting ADR process by WELLS FARGO BANK N.A.. (Watson, Timothy)
February 16, 2021 Filing 45 REPORT of Rule 26(f) Planning Meeting. (Watson, Timothy)
February 15, 2021 Filing 44 BRIEF in Support re #43 Motion to Consolidate Cases (Joint) filed by WELLS FARGO BANK N.A.. (Attachments: #1 Exhibit Declaration of Timothy M. Watson) (Watson, Timothy)
February 15, 2021 Filing 43 Joint MOTION to Consolidate Cases by WELLS FARGO BANK N.A.. (Attachments: #1 Proposed Order) (Watson, Timothy)
February 9, 2021 Filing 42 Disclosure Statement identifying Wells Fargo & Company as corporate parent or other affiliate, by WELLS FARGO BANK N.A.. (Watson, Timothy)
February 8, 2021 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #40 Answer to Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 2/16/2021. (lar)
January 27, 2021 Opinion or Order Filing 41 MEMORANDUM ORDER indicating that the parties' Rule 26 Meeting Report and Stipulation Selecting ADR Process are due by 2/16/21; A Telephonic Initial Case Management Conference is set for 2/24/21 at 09:00 AM before Judge Robert J. Colville; At least 3 business days prior to the Initial Case Management Conference, counsel for each party shall fax directly to this Court's Chambers at (412) 208-7309, a confidential position letter not to exceed 3 pages. See Hon. Robert J. Colville Practices and Procedures, III.A.2. Signed by Judge Robert J. Colville on 1/27/21. (Attachments: #1 Exhibit A, #2 Exhibit B) (jg)
January 26, 2021 Filing 40 Defendant Wells Fargo Bank, N.A.s Answer and Defenses to Plaintiffs Collective Action Complaint ANSWER to #1 Complaint, by WELLS FARGO BANK N.A.. (Watson, Timothy)
January 23, 2021 Opinion or Order Filing 39 ORDER granting #37 Motion for John P. Phillips, Esquire to Appear Pro Hac Vice on behalf of Defendant. Signed by Judge Robert J. Colville on 1/23/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
January 23, 2021 Opinion or Order Filing 38 ORDER granting #36 Motion for Timothy M. Watson, Esquire to Appear Pro Hac Vice on behalf of Defendant. Signed by Judge Robert J. Colville on 1/23/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
January 22, 2021 Filing 37 MOTION for attorney John P. Phillips to Appear Pro Hac Vice, (Filing fee $70, Receipt # BPAWDC-6271744) by WELLS FARGO BANK N.A.. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Certificate of Service, #4 Proposed Order) (Phillips, John)
January 22, 2021 Filing 36 MOTION for attorney Timothy M. Watson to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6271459) by WELLS FARGO BANK N.A.. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Service) (Watson, Timothy)
January 19, 2021 Opinion or Order Filing 35 ORDER terminating, as moot, #34 Motion for Extension of Time to Answer, said Motion requesting an extension to 1/26/21. However, the parties have already filed a Stipulation for Extension for defendant to respond to Complaint by 2/19/21 (See Document No. #33 ). Signed by Judge Robert J. Colville on 1/19/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
January 18, 2021 Filing 34 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, filed by VIRGINIA ELLISON, CHRISTOPHER LEE MITCHELL by WELLS FARGO BANK N.A.. (Attachments: #1 Exhibit Certificate of Conference, #2 Proposed Order) (Pagac, Shelly)
January 12, 2021 Filing 33 Stipulation for Extension of Time to Answer by WELLS FARGO BANK N.A. Answer due from WELLS FARGO BANK N.A. on 2/19/2021. (Pagac, Shelly)
January 5, 2021 Filing 32 NOTICE of Appearance by Shelly R. Pagac on behalf of WELLS FARGO BANK N.A.. (Pagac, Shelly)
January 5, 2021 Opinion or Order Filing 31 ORDER indicating that, this matter having been transferred to the Western District of Pennsylvania on 12/29/20, it is hereby ordered that Defendant shall file an Answer to Plaintiffs' Complaint by no later than 1/12/21. Signed by Judge Robert J. Colville on 1/5/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
December 29, 2020 Filing 30 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. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jg)
December 29, 2020 Opinion or Order Filing 29 ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 12/29/20. (jg)
December 29, 2020 Filing 28 Errata re #26 / #27 Notice of ADR Designation - Reason for Correction: Correcting case number. (jg)
December 29, 2020 Filing 27 Errata re #26 Notice of ADR Designation -- Reason for Correction: Correcting case number. (jg)
December 29, 2020 Filing 26 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. (jg) Document removed from public view on 12/29/20. Please see Errata at #28 (jg).
December 29, 2020 Filing 25 Case transferred in from District of Tennessee Western; Case Number 2:20-cv-02444. Original file certified copy of transfer order and docket sheet received.
December 29, 2020 Case Assigned to Judge Robert J. Colville. (elt)
December 18, 2020 Opinion or Order Filing 24 ORDER Granting #13 Defendant's Motion to Transfer. Signed by Judge Thomas L. Parker on 12/18/2020. (ljt)
December 17, 2020 Filing 23 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Telephonic Scheduling Conference reset for 1/21/2021 at 10:00 AM before Judge Thomas L. Parker. Please call 877-336-1839 to dial into the conference call. The access code is 6517215.(mlk)
December 17, 2020 Filing 22 Minute Entry for Telephonic Status Conference held before Judge Thomas L. Parker on 12/17/2020. Robert Morelli appeared for the Plaintiff. Timothy Watson, John Phillips and Jena Merrill appeared for the Defendant. The Court announced it will be Granting [ECF 13] Defendant's Motion to Dismiss or Alternatively Stay or Transfer, Plaintiff's Complaint. The Court will transfer the collective action claims only to the Western District of Pennsylvania. Counsel confirmed that there is no dispute about keeping the individuals' claims in this district. Telephonic Scheduling Conference reset from 12/30/2020 to 1/21/2021 at 10:00 AM before Judge Thomas L. Parker. (Court Reporter, Catherine Phillips) (mlk) Modified on 12/17/2020 (Parker, Thomas).
December 11, 2020 Filing 21 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Telephonic Status Conference set for 12/17/2020 at 10:00 AM before Judge Thomas L. Parker. Please call 877-336-1839 to dial into the conference call. The access code is 6517215. (mlk)
December 9, 2020 Opinion or Order Filing 20 ORDER Granting #19 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 12/9/2020. (ljt)
December 8, 2020 Filing 19 MOTION for Leave to Appear Pro Hac Vice - John P. Phillips (Filing fee $ 150 receipt number BTNWDC-3500357) by Wells Fargo Bank, N.A.. (Attachments: #1 Court Admission Chart (Cont'd), #2 Supreme Court of TX - COGS, #3 USDC - COGS)(Phillips, John)
December 2, 2020 Filing 18 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Telephonic Scheduling Conference set for 12/30/2020 11:00 AM before Judge Thomas L. Parker. Please call 877-336-1839 to dial into the conference call. The access code is 6517215. (mlk)
October 12, 2020 Filing 17 REPLY to Response to Motion re #16 Response in Opposition to Motion, Defendant's Reply in Support of Its Motion to Dismiss, or Alternatively Stay or Transfer, Plaintiffs' Complaint filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A - Hautur v. Kmart Corp.)(Watson, Timothy)
September 28, 2020 Filing 16 RESPONSE in Opposition re #13 MOTION to Dismiss Defendant's Motion to Dismiss or Alternatively Stay or Transfer, Plaintiffs' Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit A - Bruno Motion for Conditional Certification)(Morelli, Robert)
September 3, 2020 Opinion or Order Filing 15 ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Thomas L. Parker on 09/03/2020. (ljt)
August 31, 2020 Filing 14 MEMORANDUM in Support re #13 MOTION to Dismiss Defendant's Motion to Dismiss or Alternatively Stay or Transfer, Plaintiffs' Complaint Defendant's Memorandum of Law In Support of Its Motion to Dismiss or Alternatively Stay or Transfer, Plaintiffs' Complaint filed by Wells Fargo Bank, N.A.. (Attachments: #1 Declaration of Timothy Watson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Watson, Timothy)
August 31, 2020 Filing 13 MOTION to Dismiss Defendant's Motion to Dismiss or Alternatively Stay or Transfer, Plaintiffs' Complaint by Wells Fargo Bank, N.A.. (Watson, Timothy)
August 31, 2020 Filing 12 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3425327) by Wells Fargo Bank, N.A.. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing, #3 List of Additional Courts)(Watson, Timothy)
August 13, 2020 Filing 11 Pursuant to Admin. Order 2020-31 referral judge reassigned to Magistrate Judge Annie T. Christoff. (agj)
July 9, 2020 Filing 10 WAIVER OF SERVICE Returned Executed by Christopher Lee Mitchell, Virginia Ellison. Wells Fargo Bank, N.A. waiver sent on 7/2/2020, answer due 8/31/2020. (Morelli, Robert)
June 24, 2020 Filing 9 NOTICE of Appearance by Robert E. Morelli, III on behalf of All Plaintiffs (Morelli, Robert)
June 23, 2020 Filing 5 Summons Issued as to Wells Fargo Bank, N.A.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
June 23, 2020 Filing 4 Judge Thomas L. Parker and Judge Unassigned 7 added. (jld)
June 23, 2020 Filing 3 NOTICE of Appearance by Robert Emmett Turner, IV on behalf of All Plaintiffs (Turner, Robert)
June 23, 2020 Filing 2 NOTICE of Appearance by Joseph Russ Bryant on behalf of All Plaintiffs (Bryant, Joseph)
June 23, 2020 Filing 1 COMPLAINT against Wells Fargo Bank, N.A. (Filing fee $ 400 receipt number ATNWDC-3374179), filed by Christopher Lee Mitchell, Virginia Ellison. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- Named Plaintiffs Consents to Join, #3 Summons to be Issued)(Jackson, Gordon)

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Plaintiff: Virginia Ellison
Represented By: Robert Emmett Turner, IV
Represented By: Joseph Russ Bryant
Represented By: Robert E. Morelli, III
Represented By: Gordon E. Jackson
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Plaintiff: CHRISTOPHER LEE MITCHELL
Represented By: Robert Emmett Turner, IV
Represented By: Joseph Russ Bryant
Represented By: Robert E. Morelli, III
Represented By: Gordon E. Jackson
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Defendant: WELLS FARGO BANK N.A.
Represented By: Timothy M. Watson
Represented By: John P. Phillips
Represented By: Shelly R. Pagac
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