RODRIGUEZ v. PPG INDUSTRIES, INC.
| CHRISTIAN RODRIGUEZ and ISAAC DIAZ |
| PPG INDUSTRIES, INC. |
| 2:2022cv00838 |
| June 8, 2022 |
| US District Court for the Western District of Pennsylvania |
| W Scott Hardy |
| Maureen P Kelly |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.
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Filing 39
REPORT AND RECOMMENDATION re #23 Motion to Dismiss in Part Under Rule 12(b) and Motion to Strike Portions of the Amended Complaint Under Rule 12(f) filed by PPG INDUSTRIES, INC., respectfully recommending that the Motion be denied. Objections to R&R due by 2/10/2023. Signed by Magistrate Judge Maureen P. Kelly on 1/27/23. (akr)
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Judge W. Scott Hardy presiding, Judge Maureen P. Kelly referred. Motions referred to Maureen P. Kelly. (ctb)
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Filing 38
NOTICE of filing consent form by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit Redacted consent form for Ashley Martin) (Scott, Joseph)
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Filing 37
CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ISAAC DIAZ, CHRISTIAN RODRIGUEZ. (Winters, Ryan)
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Filing 36
CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PPG INDUSTRIES, INC.. (Miley, Sarah)
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Filing 35
TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 10/14/2022, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 10/14/2022; Signed by Magistrate Judge Maureen P. Kelly on 9/30/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
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Filing 34
REPLY to Response to Motion re #33 Brief in Opposition to Motion Dismiss Plaintiffs' Amended Complaint in Part Under Rule 12(b) and to Strike Portions of the Amended Complaint Under Rule 12(f) filed by PPG INDUSTRIES, INC.. (Miley, Sarah)
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Filing 33
BRIEF in Opposition re #23 Motion to Dismiss, Motion to Strike filed by ISAAC DIAZ, CHRISTIAN RODRIGUEZ. (Winters, Ryan)
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Filing 32
NOTICE of Filing Consent Forms by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit Redacted consent form for Evan Hinsley, #2 Exhibit Redacted consent form for Rain Kendall, #3 Exhibit Redacted consent form for Theresa Dudley) (Scott, Joseph)
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Filing 31
NOTICE of Filing Consent Form by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit redacted consent form for Darren Serwas) (Scott, Joseph)
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Filing 30
ORDER granting #29 Motion for Sarah Sears to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 8/24/2022. (et)
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Filing 29
MOTION for attorney Sarah Sears to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7255788) by CHRISTIAN RODRIGUEZ. (Attachments: #1 Affidavit of Sarah Sears, #2 Exhibit A--Sears Certificate of Good Standing, #3 Proposed Order) (Sears, Sarah)
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Filing 28
NOTICE by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit redacted consent form for Joseph Mendoza) (Scott, Joseph)
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Filing 27
ORDER Response re #23 Motion to Dismiss, Motion to Strike. Plaintiff's Response to the Motion due by 9/12/2022. Signed by Magistrate Judge Maureen P. Kelly on 8/22/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
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Filing 26
Errata re 25 Answer to Amended Complaint and Additional Defenses by PPG INDUSTRIES, INC.. Reason for Correction: Signature on Document and Filer Did Not Match. (Pritchard, Robert)
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Filing 24
BRIEF in Support re #23 Motion to Dismiss, Motion to Strike filed by PPG INDUSTRIES, INC.. (Miley, Sarah)
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Filing 23
MOTION to Dismiss in Part Under Rule 12(b) re #11 Amended Complaint, MOTION to Strike Portions of the Amended Complaint Under Rule 12(f) by PPG INDUSTRIES, INC.. (Attachments: #1 Proposed Order) (Miley, Sarah)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re 25 Answer to Amended Complaint. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (av)
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Filing 22
NOTICE of Filing Consent Forms by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit Redacted consent form for Patricia S. Sears, #2 Exhibit Redacted consent form for Steven Sears, #3 Exhibit Redacted consent form for Brandon L. Howard, Sr.) (Scott, Joseph)
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Filing 21
NOTICE of filing consent to sue forms by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit Redacted consent form for Joni Janik, #2 Exhibit Redacted consent form for Jason Lorick, #3 Exhibit Redacted consent form for Karla Mejia) (Scott, Joseph)
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Filing 20
NOTICE of Filing Exhibit A Consent to Sue of Isaac Diaz by ISAAC DIAZ, CHRISTIAN RODRIGUEZ re #11 Amended Complaint (Attachments: #1 Exhibit Diaz - Consent Form) (Winters, Ryan)
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Filing 19
ORDER granting #12 Motion for Joseph F. Scott's to Appear Pro Hac Vice.. Signed by Magistrate Judge Maureen P. Kelly on 7/1/2022. (et)
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Filing 18
Disclosure Statement identifying None as corporate parent or other affiliate, by PPG INDUSTRIES, INC.. (Miley, Sarah)
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Filing 17
Stipulation for Extension of Time to Answer by PPG INDUSTRIES, INC. Answer due from PPG INDUSTRIES, INC. on 8/20/2022. (Miley, Sarah)
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Filing 16
NOTICE of Appearance by Sarah J. Miley on behalf of PPG INDUSTRIES, INC.. (Miley, Sarah)
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Filing 15
NOTICE of Appearance by Sean P. Dawson on behalf of PPG INDUSTRIES, INC.. (Dawson, Sean)
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Filing 14
NOTICE of Appearance by Katelyn W. McCombs on behalf of PPG INDUSTRIES, INC.. (McCombs, Katelyn)
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Filing 13
NOTICE of Appearance by Robert W. Pritchard on behalf of PPG INDUSTRIES, INC.. (Pritchard, Robert)
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Filing 12
MOTION for attorney Joseph F Scott to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7178065) by ISAAC DIAZ, CHRISTIAN RODRIGUEZ. (Attachments: #1 Affidavit Affidavit of Joseph F. Scott, #2 Exhibit Ex. A, Certificate of Good Standing, #3 Proposed Order Proposed Order granting motion) (Scott, Joseph)
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Filing 11
First AMENDED COMPLAINT against PPG INDUSTRIES, INC. PPG INDUSTRIES, INC. answer due 7/13/2022, filed by CHRISTIAN RODRIGUEZ; ISAAC DIAZ. (Winters, Ryan)
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Filing 10
ORDER granting #8 Motion for Ryan A. Winters to Appear Pro Hac Vice.. Signed by Magistrate Judge Maureen P. Kelly on 6/24/2022. (et)
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Filing 9
SUMMONS/Return of Service Returned Executed by CHRISTIAN RODRIGUEZ. PPG INDUSTRIES, INC. served on 6/15/2022, answer due 7/6/2022. (McDermott, Kevin)
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Filing 8
MOTION for attorney Ryan A. Winters to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7166968) by CHRISTIAN RODRIGUEZ. (Attachments: #1 Affidavit Declaration of Ryan A. Winters, #2 Proposed Order, #3 Exhibit Certificate of Good Standing) (Winters, Ryan)
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Filing 7
ORDER granting #5 Motion for Christopher M. Timmel to Appear Pro Hac Vice.. Signed by Magistrate Judge Maureen P. Kelly on 6/21/2022. (et)
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Filing 6
ORDER granting #4 Motion for Seth R. Lesser to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 6/17/2022. (et)
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Filing 5
MOTION for attorney Christopher M. Timmel to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7157462) by CHRISTIAN RODRIGUEZ. (Attachments: #1 Affidavit of Christopher M. Timmel, #2 Exhibit A--Timmel Certificate of Good Standing, #3 Proposed Order) (Timmel, Christopher)
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Filing 4
MOTION for attorney Seth R. Lesser to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7152799) by CHRISTIAN RODRIGUEZ. (Attachments: #1 Affidavit of Seth R. Lesser, #2 Exhibit A--Lesser Certificate of Good Standing, #3 Proposed Order) (Lesser, Seth)
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Filing 3
As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 6/9/2022. (et)
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Filing 2
Summons Issued as to PPG INDUSTRIES, INC. (pak)
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Filing 1
COMPLAINT against PPG INDUSTRIES, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7142911), filed by CHRISTIAN RODRIGUEZ. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A) (pak)
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