HILL v. BGC 135 9TH STREET, INC. et al
| HOLLY HILL |
| RCI HOSPITALITY HOLDINGS, INC. doing business as RICK'S CABARET formerly known as RICK'S CABARET INTERNATIONAL, INC., BGC 135 9TH STREET, INC. doing business as RICK'S CABARET and RICK |
| 2:2022cv01143 |
| August 5, 2022 |
| US District Court for the Western District of Pennsylvania |
| Marilyn J Horan |
| Christy Criswell Wiegand |
| Labor: Fair Standards |
| 29 U.S.C. § 206 Collect Unpaid Wages |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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Filing 50
ORDER granting #49 Joint MOTION for Extension of Time to Complete Discovery. Discovery is now due in the case by October 30, 2023. The Post-Discovery Status Conference initially set for 9/14/2023 is canceled and rescheduled for 11/20/2023 at 11:00 AM in Video Conference before Judge Marilyn J. Horan. Chambers staff will provide Counsel with information for accessing the Video Link in advance of the conference. Counsel shall file a Joint Status Report by 11/13/2023 advising the Court of the status of the case. Signed by Judge Marilyn J. Horan on 8/4/2023. (dmm)
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| Filing 49 Joint MOTION for Extension of Time to Complete Discovery by HOLLY HILL. (Attachments: #1 Proposed Order) (Murthy, Angeli) |
| Filing 48 NOTICE of Consent Filing to Join as to Holly Hill by HOLLY HILL. (Attachments: #1 Exhibit A - Consent to Join of Holly Hill) (Murthy, Angeli) |
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Filing 47
ORDER denying #29 Motion for Notice and Conditional Certification. Plaintiff's claims may still proceed on an individual basis. Signed by Judge Marilyn J. Horan on 4/17/2023. (dmm)
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| Filing 46 CORRECTIVE ENTRY re #45 Memorandum Opinion regarding #29 Plaintiff's Motion for Notice and Conditional Certification. For the reasons stated herein, Plaintiff's Motion for Notice and Conditional Certification will be denied. A separate Order to follow. Original document was missing signature. (dmm) |
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Filing 45
MEMORANDUM OPINION regarding #29 Plaintiff's Motion for Notice and Conditional Certification. For the reasons stated herein, Plaintiff's Motion for Notice and Conditional Certification will be denied. A separate Order to follow. Signed by Judge Marilyn J. Horan on 4/17/2023. (dmm) document removed from public view and refiled as a corrective entry at document #46 Modified text on 4/17/2023. (bjw)
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| Filing 44 Sur-Reply in Response to re #40 Reply Brief,, filed by BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC.. (Allen, Benjamin) |
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Filing 43
ORDER granting #42 Motion for Leave to File Sur-Reply. Defendant's Sur-Reply is due by April 14, 2023. Signed by Judge Marilyn J. Horan on 4/7/2023. (dmm)
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| Filing 42 Unopposed MOTION for Leave to File Sur-Reply Brief in Response to Plaintiff's Reply Regarding Motion for Notice and Conditional Certification Pursuant to FLSA 216(b) by BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC.. (Attachments: #1 Proposed Order Granting Motion for Leave to File Sur-Reply) (Allen, Benjamin) |
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Filing 41
ORDER granting #39 Motion for Leave to File Excess Pages. Plaintiff's Reply Brief may be no longer than 16 pages. Signed by Judge Marilyn J. Horan on 4/2/2023. (dmm)
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| Filing 40 REPLY BRIEF re #30 Brief in Support of Motion, for Notice and Conditional Certification Pursuant to FLSA 216(b) filed by HOLLY HILL. (Attachments: #1 Exhibit A - Email from Plaintiff's Counsel dated November 2, 2022, #2 Exhibit B - Redlined Arbitration Agreement, #3 Exhibit C - Arbitration Agreement in Figueredo-Chavez) (Murthy, Angeli) |
| Filing 39 Unopposed MOTION for Leave to File Excess Pages for Plaintiff's Reply Brief in Further Support of Plaintiff's Motion for Notice and Conditional Certification Pursuant to FLSA 216(b) by HOLLY HILL. (Attachments: #1 Proposed Order) (Murthy, Angeli) |
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Filing 38
ORDER granting #37 Motion for Leave to File Reply Brief. Plaintiff's Reply Brief is due 3/31/2023. Signed by Judge Marilyn J. Horan on 3/21/2023. (dmm)
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| Filing 37 Unopposed MOTION for Leave to File Reply Brief in Further Support of Plaintiff's Motion for Notice and Conditional Certification Pursuant to FLSA 216(b) by HOLLY HILL. (Attachments: #1 Proposed Order) (Murthy, Angeli) |
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Filing 36
ORDER granting #34 Motion for Leave to File Excess Pages. Signed by Judge Marilyn J. Horan on 3/16/2023. (dmm)
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Filing 35
ORDER granting #32 Motion for Leave to File Excess Pages. Signed by Judge Marilyn J. Horan on 3/16/2023. (dmm)
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| Filing 34 Unopposed MOTION for Leave to File Nunc Pro Tunc to Exceed Page Limitation for Plaintiff's Brief in Support of Motion for Notice and Conditional Certification Pursuant to FLSA 216(b) by HOLLY HILL. (Attachments: #1 Proposed Order) (Murthy, Angeli) |
| Filing 33 BRIEF in Opposition re #29 Motion for Miscellaneous Relief Plaintiff's Motion for Notice and Conditional Certification Pursuant to FLSA 216(b) filed by BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order) (Allen, Benjamin) |
| Filing 32 Unopposed MOTION for Leave to File Excess Pages in Defendants' Brief in Opposition to Plaintiff's Motion for Notice and Conditional Certification Pursuant to FLSA 216(b). by BGC 135 9TH STREET, INC. (Attachments: #1 Proposed Order Granting Motion to Exceed Page Limit) (Allen, Benjamin) |
| Filing 31 REPORT of Mediation: Case has not resolved. CAROLE KATZ terminated. 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 #here or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 3/2/2023. (Katz, Carole) |
| Filing 30 BRIEF in Support re #29 Motion for Miscellaneous Relief for Notice and Conditional Certification Pursuant to FLSA 216(b) and Memorandum of Law filed by HOLLY HILL. (Attachments: #1 Exhibit A -Declaration of Holly Hill, #2 Exhibit B- Declaration of Emelie Spencer, #3 Exhibit C- Defendant BCG Responses and Objections to Interrogatories, #4 Exhibit D- Proposed Notice, #5 Exhibit E - Consent to Join, #6 Exhibit F -Reminder Notice) (Murthy, Angeli) |
| Filing 29 MOTION for Notice and Conditional Certification Pursuant to FLSA 216(b) by HOLLY HILL. (Attachments: #1 Proposed Order) (Murthy, Angeli) |
| Filing 28 Notice of Mediation by HOLLY HILL. Mediation Date March 9, 2023, at 10:00 a.m. (Murthy, Angeli) |
| Filing 27 Notice of Mediation by HOLLY HILL. Mediation Date March 31, 2023, at 10:00 a.m. (Murthy, Angeli) |
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Filing 26
ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Judge Marilyn J. Horan on 10/24/2022. (dmm)
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Filing 25
ORDER REFERRING CASE to Mediation. Carole Katz is appointed as mediator. Signed by Judge Marilyn J. Horan on 10/24/2022. (dmm)
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Filing 24
CASE MANAGEMENT ORDER, an Initial Case Management Conference having been held, the following deadlines have been set: Rule 26(a) Disclosures due by November 3, 2022; Amended Pleadings due by 11/30/2022; Joinder of Additional Parties due by 12/31/2022; Fact Discovery due by 8/31/2023. A Telephonic Post-Discovery Status Conference is set for 9/14/2023 at 09:00 AM in a Telephone Conference before Judge Marilyn J. Horan. Counsel shall refer to #18 AT&T Scheduling Notice for information on accessing the Telephone Conference. Signed by Judge Marilyn J. Horan on 10/24/2022. (dmm)
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| Filing 23 Text Minute Entry for proceedings held before Judge Marilyn J. Horan: A Telephonic Initial Case Management Conference was held on 10/24/2022. A Case Management Order, Order Referring Case to ADR, and Order Implementing Federal Rule of Evidence 502(d) to follow. (Court Reporter: Jane Proud) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (dmm) |
| Filing 22 STIPULATION selecting ADR process by HOLLY HILL. (Murthy, Angeli) |
| Filing 21 REPORT of Rule 26(f) Planning Meeting. (Murthy, Angeli) |
| Filing 20 Errata re #17 Answer to Amended Complaint by BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC.. Reason for Correction: Signature Block. (Allen, Benjamin) |
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Filing 19
SCHEDULING ORDER, a Telephonic Initial Case Management Conference is set for 10/24/2022 at 09:00 AM in a Telephone Conference before Judge Marilyn J. Horan. Counsel shall refer to #18 AT&T Scheduling Notice for information on accessing the Telephone Conference. The Rule 26(f) Report and Stipulation Selecting ADR are due by 10/17/2022. Signed by Judge Marilyn J. Horan on 10/3/2022. (Attachments: #1 Exhibit A Rule 26(f) Report of Parties, #2 Exhibit B Stipulation Selecting ADR Process) (dmm)
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| Filing 18 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. Signed by Judge Marilyn J. Horan on 10/3/2022. (dmm) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #17 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. (ctb) |
| Filing 17 Defendants BGC 135 9th Street, Inc. and RCI Hospitality Holdings, Inc.'s ANSWER to #13 Amended Complaint by BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC.. (Allen, Benjamin) |
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Filing 16
ORDER granting #15 Motion for Benjamin Allen to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 9/26/2022. (dmm)
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| Filing 15 MOTION for attorney Benjamin Allen to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7312172) by BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC.. (Allen, Benjamin) |
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Filing 14
ORDER denying as moot #8 Defendants' Partial Motion to Dismiss. The filing of #13 Amended Complaint renders Defendants' Partial Motion to Dismiss moot. Signed by Judge Marilyn J. Horan on 9/19/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dmm)
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| Filing 13 AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC., filed by HOLLY HILL. (Murthy, Angeli) |
| Update Answer Deadline: Answer due from BGC 135 9TH STREET, INC. on 9/30/2022; RCI HOSPITALITY HOLDINGS, INC. on 9/30/2022 (jv) |
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Filing 12
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Judge Marilyn J. Horan on 8/30/2022. (dmm)
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Filing 11
ORDER OF RECUSAL. Judge Christy Criswell Wiegand recused per 28 U.S.C. 455. Signed by Judge Christy Criswell Wiegand on 8/29/2022. 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 10 Disclosure Statement identifying RCI Hospitality Holdings, Inc. as corporate parent or other affiliate, by BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC. (Heinz, Chelsea) |
| Filing 9 BRIEF in Support re #8 Motion to Dismiss filed by BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC. (Heinz, Chelsea) |
| Filing 8 Partial MOTION to Dismiss by BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC. (Attachments: #1 Proposed Order) (Heinz, Chelsea) |
| Judge Marilyn J. Horan added. (jma) |
| Filing 7 SUMMONS/Return of Service Returned Executed by HOLLY HILL. RCI HOSPITALITY HOLDINGS, INC. served on 8/9/2022, answer due 8/30/2022. (Murthy, Angeli) |
| Filing 6 SUMMONS/Return of Service Returned Executed by HOLLY HILL. BGC 135 9TH STREET, INC. served on 8/9/2022, answer due 8/30/2022. (Murthy, Angeli) |
| Filing 5 NOTICE 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. (drc) |
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Filing 4
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 8/08/22. (drc)
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| Filing 3 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 shall make service of the notice on all parties. (drc) |
| Filing 2 Summons Issued as to BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC. (Attachments: #1 Summons) (jd) |
| Filing 1 COMPLAINT against BGC 135 9TH STREET, INC., RCI HOSPITALITY HOLDINGS, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7231058), filed by HOLLY HILL. (Attachments: #1 Civil Cover Sheet) (jd) |
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