COOKS v. OVATIONS FOOD SERVICES LP
| PARIS COOKS |
| OVATIONS FOOD SERVICES LP doing business as SPECTRA FOOD SERVICES & HOSPITALITY |
| 2:2023cv01858 |
| October 26, 2023 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| J Nicholas Ranjan |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relatio |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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Filing 33
ORDER, ordering additional joint proposed order or status report as to communications with putative class members. On 12/19/2023, the Court approved the parties' proposed order, which memorialized the parameters of discussions between defense counsel and any putative class members. ECF #32 . In addition to this order, the Court finds that it may be beneficial for the parties to confer as to what executives and managers of Defendant may say to any putative class members about the pending case. This may avoid the situation where an executive or manager - intentionally or inadvertently - dissuades an employee from opting in to any FLSA collective or otherwise not participating. See, e.g., Rood v. R&R Express, Inc., No. 17-1223-NR, 2022 WL 1082481, at *4 (W.D. Pa. Apr. 11, 2022) (Ranjan, J.) ("This is an unusual case in that R&R Express took affirmative steps to discourage its past and current employees from participating in the class. For example, R&R Express's President made threats to draw out the proceedings for any claimant who tried to join the action by subpoenaing their phone records, reviewing every email they ever sent, and so on. R&R Express also drafted and distributed affidavits to the putative class members containing averments that directly contradicted the class claims. R&R Express then encouraged the class members who received these affidavits to sign them under coercive circumstances. As a result, R&R Express's own actions may account for the relatively small number of class members and counsels strongly against decertification." (cleaned up)). The Court recently approved a proposed order in a different FLSA case where the parties agreed that any manager or executive of Defendant would not initiate communication with any employee about the case without prior court approval, and if asked about the case, would respond: "Thank you for your question. There is a lawsuit pending about this matter. The rules for communicating with you about the lawsuit are strict. As a result, we cannot comment about the lawsuit while it is pending." Counsel shall confer on this issue, and submit either a proposed order or joint status report on or before 1/5/2024. Signed by Judge J. Nicholas Ranjan on 12/19/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 32
ORDER re Interview Acknowledgement. Signed by Judge J. Nicholas Ranjan on 12/19/2023. (Attachments: #1 Exhibit A) (pak)
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Filing 31
PROTECTIVE ORDER. Signed by Judge J. Nicholas Ranjan on 12/19/2023. (pak)
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| Filing 30 Proposed Order Regarding Communications with Putative Class Members by OVATIONS FOOD SERVICES LP. (Thornton, Daniel) |
| Filing 29 Joint MOTION for Protective Order by OVATIONS FOOD SERVICES LP. (Attachments: #1 Proposed Order Stipulated Protective Order) (Thornton, Daniel) |
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Filing 28
ORDER REFERRING CASE to Mediation. Dina Jansenson is appointed as mediator. Signed by Judge J. Nicholas Ranjan on 12/11/2023. (pak)
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Filing 27
ORDER. Counsel shall confer and, by 12/18/2023, file a joint proposed order regarding communications between Defendant and any putative class members, consistent with the discussion on this issue held at the 12/11/2023 Video Initial Case Management Conference. Signed by Judge J. Nicholas Ranjan on 12/11/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 26
CASE MANAGEMENT ORDER: Joint Motion for Protective Order due by 12/18/2023; Exchange of required Rule 26(a)(1) information due by 1/26/2024; Amended Pleadings and Joinder of Parties due by 5/3/2024; Discovery due by 11/15/2024. The parties shall file a joint status report by 10/15/2024, updating the Court on the status of discovery. A Telephonic Post-Discovery Status Conference is set for 11/20/2024 at 10:00 a.m. before Judge J. Nicholas Ranjan. The dial-in information is as follows: 412-547-0144, with an access code of 147594317#. Signed by Judge J. Nicholas Ranjan on 12/11/2023. (pak)
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| Filing 25 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Video Initial Case Management Conference held on 12/11/2023. (pak) |
| Filing 24 STIPULATION selecting ADR process by PARIS COOKS. (Richards, Jordan) |
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Filing 23
ORDER granting in part #22 Motion for Leave to Permit Telephonic Appearance at Initial Case Management Conference. Rather than conduct a hybrid proceeding, the Court hereby converts the Initial Case Management Conference set for 12/11/2023 at 11:00 a.m. to a Video Initial Case Management Conference, to be held at the same date and time before Judge J. Nicholas Ranjan. All counsel, the named plaintiff, and others wishing to attend this conference must attend by video. The Court will contact counsel prior to the hearing date via e-mail with details for accessing the videoconference. Signed by Judge J. Nicholas Ranjan on 12/6/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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| Filing 22 Joint MOTION for Leave to Permit Telephonic Appearance at the December 11, 2023, Initial Case Management Conference re 18 Order on Motion to Continue, by PARIS COOKS. (Attachments: #1 Proposed Order) (Richards, Jordan) |
| Filing 21 REPORT of Rule 26(f) Planning Meeting. (Richards, Jordan) |
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Filing 20
ORDER granting #19 Motion for Extension of Time. Plaintiff shall file any motion to strike affirmative defenses by 12/26/2023. Signed by Judge J. Nicholas Ranjan on 11/22/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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| Filing 19 Unopposed MOTION for Extension of Time to File Motion to Strike Defendant's Affirmative Defenses Until December 26, 2023 by PARIS COOKS. (Attachments: #1 Proposed Order on Motion for Extension of Time to File Motion to Strike Affirmative Defenses) (Miller, Michael) |
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Filing 18
ORDER granting #16 Motion to Continue. The Initial Case Management Conference set for 12/4/2023 is hereby RESCHEDULED for 12/11/2023 at 11:00 a.m. in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 11/15/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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| Filing 17 Proposed Order re #16 Motion to Continue by OVATIONS FOOD SERVICES LP. (Presley, Marla) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #16 Motion to Continue. 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. (cel) |
| Filing 16 MOTION to Continue Rule 16 Conference by OVATIONS FOOD SERVICES LP. (Presley, Marla) |
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Filing 15
ORDER granting #9 Motion for Michael Vincent Miller to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 11/3/2023. (pak)
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| Filing 14 Proposed Rule 26(f) report. (pak) |
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Filing 13
CASE MANAGEMENT ORDER: Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 11/27/2023. An Initial Case Management Conference is set for 12/4/2023 at 10:30 a.m. in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 11/3/2023. (pak)
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| Filing 12 Proposed Order re #9 Motion to Appear Pro Hac Vice, for Michael V. Miller by PARIS COOKS. (Miller, Michael) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #9 Motion to Appear Pro Hac Vice. 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. (pak) |
| Filing 11 Disclosure Statement identifying Ovations Food Services, LLC and Spectra US, LLC as corporate parent or other affiliate by OVATIONS FOOD SERVICES LP. (Presley, Marla) |
| Filing 10 ANSWER to Complaint with Defenses by OVATIONS FOOD SERVICES LP. (Presley, Marla) |
| Filing 9 MOTION for attorney Michael Vincent Miller to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7962901) by PARIS COOKS. (Attachments: #1 Affidavit of Michael V. Miller, #2 Exhibit Certificate of Good Standing) (Miller, Michael) Modified text on 11/2/2023. (cel) |
| Judge J. Nicholas Ranjan presiding. Magistrate Judge Patricia L. Dodge no longer assigned to case. Previous addition of Judge Dodge to the case was an error. (jkn) |
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Filing 8
ORDER granting #7 Motion for Jordan Lee Richards to Appear Pro Hac Vice. Signed by Magistrate Judge Patricia L. Dodge on 10/31/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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| Filing 7 Consent MOTION for attorney Jordan Richards to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7958891) by PARIS COOKS. (Attachments: #1 Exhibit 1 - Affidavit of Jordan Richards, Esquire in Support of Consent Motion for Admission Pro Hac Vice, #2 Exhibit 2 - Certificate of Good Standing from the Florida Bar, #3 Proposed Order) (Richards, Jordan) |
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Filing 6
ORDER granting #3 Motion for Daniel F. Thornton to Appear Pro Hac Vice. Signed by Magistrate Judge Patricia L. Dodge on 10/31/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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Filing 5
ORDER granting #2 Motion for Stephanie J. Peet to Appear Pro Hac Vice. Signed by Magistrate Judge Patricia L. Dodge on 10/31/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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Filing 4
ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the Court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 10/31/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm)
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| Magistrate Judge Patricia L. Dodge presiding. (jkn) |
| Filing 3 MOTION for attorney Daniel F. Thornton to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7953822) by OVATIONS FOOD SERVICES LP. (Attachments: #1 Affidavit of Daniel F. Thornton in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Thornton, Daniel) |
| Filing 2 MOTION for attorney Stephanie J. Peet to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7953791) by OVATIONS FOOD SERVICES LP. (Attachments: #1 Affidavit of Stephanie J. Peet in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Peet, Stephanie) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal,. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 11/3/2023. (cel) |
| Filing 1 NOTICE OF REMOVAL from Allegheny County, case number GD-23-010599 with Jury Demand Copies attached: Original Complaint, Docket Sheet, and Notice of Filing Notice of Removal (Filing fee, including Administrative fee, $402, receipt number APAWDC-7952180), filed by OVATIONS FOOD SERVICES LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (cel) (Main Document 1 replaced on 10/27/2023) (dmh). |
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