BOYINGTON v. PERCHERON FIELD SERVICES, LLC
| ERIC BOYINGTON, MARY BETH GARNER, JOHN HUBBS, JAYME ROWE, TONJA TUCKER, LESLIE WELDEN and BRADLEY WRIGHT |
| PERCHERON FIELD SERVICES, LLC and SALLY GRIFFITH CIMINI |
| 3:2014cv00090 |
| May 7, 2014 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Blair |
| Kim R Gibson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Both |
Docket Report
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This docket was last retrieved on July 19, 2018. A more recent docket listing may be available from PACER.
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Filing 307
Minute Entry for proceedings held before Judge Kim R. Gibson: A Fairness Hearing was held with all counsel appearing in person and named Plaintiff Eric Boyington appearing by telephone on 7/19/2018. The Court began by stating that the purpose of the hearing is to consider the final settlement agreement and the motion for attorneys' fees and costs, and as more fully stated in said Conference Memo. (Court Reporter: Kimberly Spangler) (dlg)
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Filing 306
ORDER granting #297 Motion for Approval of Attorneys' Fees and Costs. Attorneys' fees are awarded in the amount of One Million Two Hundred Thousand Dollars ($1,200,000), and out-of-pocket costs and expenses are awarded in the amount of One Hundred Sixty Thousand Dollars ($160,000). Signed by Judge Kim R. Gibson on 7/19/2018. (dlg)
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Filing 305
ORDER granting #301 Motion for Final Approval of Rule 23 Class Action Settlement and Approving Settlement of FLSA Claims Pursuant to 29 U.S.C. 216(b) by ERIC BOYINGTON, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 7/19/2018. (dlg)
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Filing 304
DECLARATION re #301 Unopposed MOTION for Final Approval of Rule 23 Class Action Settlement and Approving Settlement of FLSA Claims Pursuant to 29 U.S.C. 216(b) by ERIC BOYINGTON Affiant: Kelly Kratz. (Chivers, Joseph)
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Filing 303
DECLARATION re #301 Unopposed MOTION for Final Approval of Rule 23 Class Action Settlement and Approving Settlement of FLSA Claims Pursuant to 29 U.S.C. 216(b) by ERIC BOYINGTON Affiant: Joseph H. Chivers. (Chivers, Joseph)
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Filing 302
BRIEF in Support re #301 Motion for Final Approval of Rule 23 Class Action Settlement and Approving Settlement of FLSA Claims Pursuant to 29 U.S.C. 216(b) filed by ERIC BOYINGTON. (Chivers, Joseph) Modified on 7/5/2018. (cel)
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Filing 301
Unopposed MOTION for Final Approval of Rule 23 Class Action Settlement and Approving Settlement of FLSA Claims Pursuant to 29 U.S.C. 216(b) by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 300
DECLARATION re #297 Unopposed MOTION for Attorney Fees and Costs by ERIC BOYINGTON Affiant: Bruce C. Fox. (Attachments: #1 Exhibit A) (Chivers, Joseph)
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Filing 299
DECLARATION re #297 Unopposed MOTION for Attorney Fees and Costs by ERIC BOYINGTON Affiant: Joseph H. Chivers. (Chivers, Joseph)
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Filing 298
BRIEF in Support re #297 Motion for Attorney Fees and Costs filed by ERIC BOYINGTON. (Chivers, Joseph)
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Filing 297
Unopposed MOTION for Attorney Fees and Costs by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 296
NOTICE of Exclusions by ERIC BOYINGTON (Chivers, Joseph)
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Filing 295
ORDER granting #292 Motion for Preliminary Approval of Class Action Settlement. A Fairness Hearing will be held on 7/19/2018, at 10:00 a.m. to consider whether to grant final approval of the Agreement in accordance with Rule 23(e) of the Federal Rules of Civil Procedure, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 4/5/2018. (dlg)
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Set/Reset Hearings: A Fairness Hearing is set for 7/19/2018, at 10:00 AM before Judge Kim R. Gibson. (dlg)
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Filing 294
BRIEF in Support re #292 Motion for Preliminary Approval of Class Action Settlement filed by ERIC BOYINGTON. (Chivers, Joseph) Modified on 4/6/2018. (cel)
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Filing 293
DECLARATION re #292 Unopposed MOTION for Preliminary Approval of Class Action Settlement by ERIC BOYINGTON Affiant: Joseph H. Chivers. (Chivers, Joseph)
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Filing 292
Unopposed MOTION for Preliminary Approval of Class Action Settlement by ERIC BOYINGTON. (Attachments: #1 Exhibit 1 (Settlement Agreement), #2 Proposed Order) (Chivers, Joseph)
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Filing 291
ORDER granting #290 Motion to Amend/Correct. With respect to Defendant's Motion for Reconsideration of the Court's Order Denying Defendant's Motion to Dismiss Opt-in Plaintiff John Stewart (ECF No. #250 ), Defendant's Motion to Compel Testimony from Eric Boyington (ECF No. #252 ), Defendant's Motion to Strike Declaration Testimony Filed in Support of Plaintiff's Motion for Rule 23 Class Certification (ECF No. #253 ), and Defendant's Motion to Strike Declaration of Plaintiff's Expert Dr. Richard Drogin (ECF No. #254 ), Defendant is authorized to file reply briefs in support of these motions by no later than April 11, 2018. With respect to Defendant's Brief in Opposition to Plaintiff's Motion for Class Certification (ECF No. #258 ), Defendant is authorized to file a sur-reply brief by no later than April 11, 2018. With respect to Plaintiff's Motion to Strike Defendant's Brief in Opposition to Plaintiff's Proposed Rule 23 Class Action Trial Plan (ECF No. #271 ), Plaintiff is authorized to file a reply brief by no later than April 11, 2018. It is further ORDERED that the Post Discovery Status Conference is rescheduled for 4/11/2018, at 10:00 AM. Signed by Judge Kim R. Gibson on 4/4/2018. (dlg)
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Filing 290
Joint MOTION to Amend/Correct #289 Order on Motion to Amend/Correct Scheduling Order by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Miley, Sarah) Modified on 4/4/2018. (cel)
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Filing 289
ORDER granting #288 Joint Motion to Amend Scheduling Order. With respect to Defendant's Motion for Reconsideration of the Court's Order Denying Defendant's Motion to Dismiss Opt-in Plaintiff John Stewart (ECF No. #250 ), Defendant's Motion to Compel Testimony from Eric Boyington (ECF No. #252 ), Defendant's Motion to Strike Declaration Testimony Filed in Support of Plaintiff's Motion for Rule 23 Class Certification (ECF No. #253 ), and Defendant's Motion to Strike Declaration of Plaintiff's Expert Dr. Richard Drogin (ECF No. #254 ), Defendant is authorized to file reply briefs in support of these motions by no later than April 4, 2018. With respect to Defendant's Brief in Opposition to Plaintiff's Motion for Class Certification (ECF No. #258 ), Defendant is authorized to file a sur-reply brief by no later than April 4, 2018. With respect to Plaintiff's Motion to Strike Defendant's Brief in Opposition to Plaintiff's Proposed Rule 23 Class Action Trial Plan (ECF No. #271 ), Plaintiff is authorized to file a reply brief by no later than April 4, 2018. The Post Discovery Status Conference shall take place on April 4, 2018, at 1:30 p.m. Signed by Judge Kim R. Gibson on 3/28/2018. (dlg)
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Filing 288
Joint MOTION to Amend/Correct Scheduling Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 287
ORDER granting #286 Motion to Amend/Correct - Post-Discovery Conference is RESCHEDULED for April 4, 2018 at 1:30 p.m., and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 2/23/2018. (krh)
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Set/Reset Hearings - Post-Discovery Conference is set for 4/4/2018 at 1:30 p.m. in Courtroom A - Johnstown before Judge Kim R. Gibson. (krh)
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Filing 286
Joint MOTION to Amend/Correct Scheduling Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 285
ORDER granting #284 Joint Motion to Amend Scheduling Order, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 2/16/2018. (dlg)
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Filing 284
Joint MOTION to Amend/Correct Scheduling Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 283
ORDER granting #282 Joint Motion to Amend Scheduling Order. The Post-Discovery Status Conference scheduled to take place on 2/12/2018 is RESCHEDULED to 2/27/2018, at 11:00 a.m., and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 2/6/2018. (dlg)
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Filing 282
Joint MOTION to Amend/Correct Scheduling Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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NOTICE of Hearing: The Post-Discovery Status Conference scheduled for 10:30 AM on 2/12/2018 is RESCHEDULED to 1:00 PM on 2/12/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
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Filing 281
ORDER granting #280 Motion to Amend/Correct, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 1/25/2018. (krh)
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Filing 280
Joint MOTION to Amend/Correct Briefing Schedule by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Cadle, Jeffrey)
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Filing 279
ORDER granting #278 Joint Motion to Amend the Briefing Schedule, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 1/22/2018. (dlg)
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Filing 278
Joint MOTION to Amend/Correct Briefing Schedule by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Miley, Sarah)
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Filing 277
ORDER OF COURT granting #276 Motion for Leave to File Reply Brief in Support of Motion to Strike Defendant's Brief in Opposition to Plaintiff's Proposed Rule 23 Class Action Trial Plan. Plaintiff shall file a reply brief, not to exceed five (5) pages in length, by 1/25/2018. Signed by Judge Kim R. Gibson on 1/19/2018. (dlg)
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Filing 276
MOTION for Leave to File Reply Brief by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Cadle, Jeffrey)
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Filing 275
ORDER granting #274 Motion for Leave to File Sur-Reply. Defendant's sur-reply shall not exceed ten (10) pages and shall be submitted within ten (10) days of the date of this order. Signed by Judge Kim R. Gibson on 1/11/2018. (dlg)
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Filing 274
MOTION for Leave to File Sur-Reply to Plaintiffs' #272 Reply to Defendant's #258 Opposition to Plaintiff's #224 Motion for Class Certification by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Miley, Sarah) Modified on 1/11/2018. (cel)
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Filing 273
BRIEF in Opposition re #271 Motion to Strike filed by PERCHERON FIELD SERVICES, LLC. (Miley, Sarah)
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Filing 272
REPLY BRIEF re #258 Brief in Opposition to #224 Motion to Certify Class filed by ERIC BOYINGTON. (Attachments: #1 Exhibit R1, #2 Exhibit U1) (Cadle, Jeffrey) Modified on 12/20/2017. (cel)
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Filing 271
MOTION to Strike #256 Brief in Opposition - Other re Plaintiff's Preliminary Proposed Trial Plan by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Cadle, Jeffrey)
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Filing 270
BRIEF in Opposition re #254 Motion to Strike Declaration of Dr. Richard Drogin filed by ERIC BOYINGTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Cadle, Jeffrey)
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Filing 269
BRIEF in Opposition re #253 Motion to Strike Declaration Testimony filed by ERIC BOYINGTON. (Cadle, Jeffrey)
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Filing 268
BRIEF in Opposition re #252 Motion to Compel Testimony from Plaintiff Eric Boyington filed by ERIC BOYINGTON. (Cadle, Jeffrey)
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Filing 267
BRIEF in Opposition re #250 Motion for Reconsideration filed by ERIC BOYINGTON. (Attachments: #1 Exhibit A) (Cadle, Jeffrey)
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Filing 266
MEMORANDUM OPINION AND ORDER granting in part and denying in part #243 Motion to Reopen Discovery Regarding Newly-Acquired Evidence and Compel Discovery Responses, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 11/21/2017. (dlg)
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Filing 265
ORDER granting #264 Second Motion to Amend the Briefing Schedule, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 11/13/2017. (dlg)
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Filing 264
Joint MOTION to Amend/Correct Briefing Schedule by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 263
MEMORANDUM OPINION & ORDER - upon consideration of Plaintiffs' Motion for Partial Summary Judgment (ECF No. #193 ) and for the reasons set forth in the Memorandum Opinion accompanying this order, it is HEREBY ORDERED as follows: 1. Plaintiffs' Motion for Partial Summary Judgment (ECF No. #193 ) is GRANTED to the extent it asks for summary judgment regarding the judicial admission made by Defendant and precludes the affirmative defense of the existence of an overtime exemption prior to December 31, 2014. However, this grant of summary judgment applies only to Eric Boyington and the current opt-in Plaintiffs. 2. Plaintiffs' Motion for Partial Summary Judgment (ECF No. #193 ) is also GRANTED in regard to the Second Affirmative Defense of the Amended Answer and dismisses the Second Affirmative Defense with prejudice. 3. Plaintiffs' Motion for Partial Summary Judgment is DENIED in all other regards, and as more fully stated in said Memorandum Opinion & Order. Signed by Judge Kim R. Gibson on 11/8/2017. (dlg)
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Filing 262
ORDER granting #260 Joint Motion to Amend Briefing Schedule, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 10/25/2017. (dlg)
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Filing 261
ORDER granting #259 Joint Motion for Extension of Deadline to Complete Depositions of Opt-in-Plaintiffs. The December 15, 2017 deadline for the taking of the depositions of twelve (12) of the opt-in-plaintiffs (ECF No. #249 ) is hereby LIFTED. A schedule for taking the depositions of those twelve (12) opt-in plaintiffs (and opt-in plaintiff John C. Hubbs) will be discussed at the conference that will be scheduled after resolution of Plaintiff's motion for Rule 23 class certification. (See ECF No. #203 at Paragraph 2.c.i.3). Signed by Judge Kim R. Gibson on 10/25/2017. (dlg)
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Filing 260
Joint MOTION to Amend/Correct Briefing Schedule by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 259
Joint MOTION to Extend Time to Complete Depositions of Opt-In Plaintiffs by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 258
BRIEF in Opposition re #224 Motion to Certify Class filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH) (Miley, Sarah) Modified on 10/17/2017. (cel)
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Filing 257
CERTIFICATE of Compliance re #252 MOTION to Compel Testimony From Plaintiff Eric Boyington by Robert W. Pritchard on behalf of PERCHERON FIELD SERVICES, LLC (Pritchard, Robert)
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Filing 256
BRIEF in Opposition to #199 Proposed Trial Plan filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Pritchard, Robert) Modified on 10/17/2017. (cel)
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Filing 255
BRIEF in Support re #254 Motion to Strike Expert Declaration of Richard Drogin filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Pritchard, Robert)
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Filing 254
MOTION to Strike #224 MOTION to Certify Class Exhibit M (Declaration of Richard Drogin) by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Pritchard, Robert)
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Filing 253
MOTION to Strike #224 MOTION to Certify Class Exhibits Containing Inadmissible Testimony by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Pritchard, Robert)
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Filing 252
MOTION to Compel Testimony From Plaintiff Eric Boyington by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit, #2 Proposed Order) (Pritchard, Robert)
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Filing 251
BRIEF in Support re #250 Motion for Reconsideration filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit) (Pritchard, Robert)
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Filing 250
MOTION for Reconsideration re #232 Order on Motion to Compel, Order on Motion to Dismiss by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Pritchard, Robert)
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Filing 249
ORDER granting #248 Motion for Extension of Deadlines to Complete Depositions and for Filing Response to Motion for Class Certification and Reply Thereto. Defendant shall complete discovery of the opt-in Plaintiffs by 12/15/2017. Defendant shall file its Response to Plaintiffs' Motion for Class Certification by 10/16/2017. Plaintiffs' Reply shall be filed by 11/15/2017. The Post-Discovery Status Conference will be held on 2/12/2018, at 10:30 a.m., and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 9/12/2017. (dlg)
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Filing 248
Unopposed MOTION for Extension of Time to File Response/Reply and Complete Depositions by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Fink, Brittany)
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Filing 247
REPLY BRIEF re #244 Response in Opposition to #243 Motion Re-Open Discovery Regarding Newly-Acquired Evidence, Motion to Compel filed by ERIC BOYINGTON. (Attachments: #1 Exhibit F, #2 Exhibit G) (Fox, Bruce) Modified on 9/1/2017. (cel)
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Filing 246
ORDER OF COURT granting #245 Motion for Leave to File Reply Brief in Support of Plaintiffs' #243 Motion to Reopen Discovery Regarding Newly-Acquired Evidence and Compel Discovery Responses. Plaintiffs shall file their reply brief by 8/30/2017. Signed by Judge Kim R. Gibson on 8/29/2017. (dlg) Modified on 8/29/2017. (cel)
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Filing 245
MOTION for Leave to File Reply Brief by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Cadle, Jeffrey)
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Filing 244
RESPONSE IN OPPOSITION to #243 Motion Re-Open Discovery Regarding Newly-Acquired Evidence, Motion to Compel filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Weimer, Jill) Modified on 8/25/2017. (cel)
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Filing 243
MOTION to Re-Open Discovery Regarding Newly-Acquired Evidence, MOTION to Compel Discovery Responses by ERIC BOYINGTON. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Fox, Bruce) Modified on 8/18/2017. (jjg) Modified on 8/28/2017. (jjg)
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Filing 242
ORDER granting #241 Motion to Compel Telephone Records for Plaintiff Tammy McGill-Hoyt. Plaintiff McGill-Hoyt shall produce cell phone records for telephone numbers (717) 220-3490 and (406) 861-1288 for the time period September 1, 2013, thru May 31, 2014, according to the protocol established between the Parties for redaction as appropriate, promptly upon issuance of this Order. Signed by Judge Kim R. Gibson on 8/15/2017. (dlg)
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Filing 241
MOTION to Compel Telephone Records for Plaintiff Tammy McGill-Hoyt by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Miley, Sarah)
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Filing 240
ORDER granting #239 Joint Motion for Two-Week Extension of Deadlines for Filing Response to Motion for Class Certification and Reply Thereto. Defendant shall file its Response to Plaintiffs' Motion for Class Certification by 9/14/2017. Plaintiffs' Reply shall be filed by 9/28/2017. The Post-Discovery Status Conference remains scheduled for 10/13/2017, at 1:00 p.m. Signed by Judge Kim R. Gibson on 8/8/2017. (dlg)
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Filing 239
Joint MOTION to Extend Time to File Response to Motion for Class Certification and Reply Thereto by ERIC BOYINGTON, PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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NOTICE of Hearing: The Post-Discovery Status Conference scheduled for 10:00 a.m. on 10/13/2017 is RESCHEDULED to 1:00 p.m. on 10/13/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
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Filing 238
MEMORANDUM OPINION AND ORDER denying #233 Motion for Protective Order, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 6/27/2017. (dlg)
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Filing 237
ORDER granting #235 Joint Motion to Amend Case Management Order. The November 1, 2016 case management order (ECF No. #203 ) ("Order") is amended as more fully stated in said Order. Signed by Judge Kim R. Gibson on 6/20/2017. (dlg)
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Filing 236
NOTICE of Appearance by Brian M. Hentosz on behalf of PERCHERON FIELD SERVICES, LLC. (Hentosz, Brian)
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Filing 235
Joint MOTION to Amend/Correct Case Management Order by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Miley, Sarah)
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Filing 234
RESPONSE IN OPPOSITION to #233 Motion for Protective Order, filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit 1) (Miley, Sarah)
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Filing 233
MOTION for Protective Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Fox, Bruce)
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Filing 232
MEMORANDUM OPINION AND ORDER granting #213 Motion to Compel; denying #214 Motion to Dismiss, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 4/12/2017. (dlg)
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Filing 231
SEALED DOCUMENT by ERIC BOYINGTON. This document Sealed pursuant to #229 Order on Motion for Leave to File Documents Under Seal (Attachments: #1 Exhibit, #2 Exhibit) (cel)
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Filing 230
Appendix to #224 Motion to Certify Class by ERIC BOYINGTON. (Attachments: #1 Exhibit 82, #2 Exhibit 192, #3 Exhibit 202) (Cadle, Jeffrey) Modified on 4/11/2017. (cel)
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Filing 229
ORDER granting #228 MOTION for Leave to File Documents Under Seal and Exhibits 82, 192, and 202 may be filed under seal. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/6/2017. (dlg)
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Filing 228
MOTION for Leave to File Documents Under Seal by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Weimer, Jill)
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Filing 227
Appendix to #224 Motion to Certify Class by ERIC BOYINGTON. (Attachments: #1 Exhibit 90, #2 Exhibit 91, #3 Exhibit 92, #4 Exhibit 93, #5 Exhibit 94, #6 Exhibit 95, #7 Exhibit 98, #8 Exhibit 99, #9 Exhibit 101, #10 Exhibit 102, #11 Exhibit 103, #12 Exhibit 104, #13 Exhibit 105, #14 Exhibit 107, #15 Exhibit 109, #16 Exhibit 112, #17 Exhibit 113, #18 Exhibit 115, #19 Exhibit 117, #20 Exhibit 119, #21 Exhibit 120, #22 Exhibit 122, #23 Exhibit 127, #24 Exhibit 131, #25 Exhibit 133, #26 Exhibit 136, #27 Exhibit 137, #28 Exhibit 138, #29 Exhibit 140, #30 Exhibit 142, #31 Exhibit 150, #32 Exhibit 151, #33 Exhibit 154, #34 Exhibit 155, #35 Exhibit 156, #36 Exhibit 161, #37 Exhibit 162, #38 Exhibit 163, #39 Exhibit 164, #40 Exhibit 165, #41 Exhibit 166, #42 Exhibit 167, #43 Exhibit 181, #44 Exhibit 183, #45 Exhibit 188, #46 Exhibit 193, #47 Exhibit 201, #48 Exhibit 203, #49 Exhibit 209, #50 Exhibit 211, #51 Exhibit 216, #52 Exhibit 217, #53 Exhibit 221) (Cadle, Jeffrey) Modified on 4/3/2017. (cel)
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Filing 226
Appendix to #224 Motion to Certify Class by ERIC BOYINGTON. (Attachments: #1 Exhibit 13, #2 Exhibit 17, #3 Exhibit 35, #4 Exhibit 36, #5 Exhibit 40, #6 Exhibit 42, #7 Exhibit 43, #8 Exhibit 44, #9 Exhibit 52, #10 Exhibit 53, #11 Exhibit 54, #12 Exhibit 56, #13 Exhibit 58, #14 Exhibit 59, #15 Exhibit 60, #16 Exhibit 61, #17 Exhibit 63, #18 Exhibit 64, #19 Exhibit 68, #20 Exhibit 69, #21 Exhibit 71, #22 Exhibit 72, #23 Exhibit 78, #24 Exhibit 79, #25 Exhibit 80, #26 Exhibit 83, #27 Exhibit 84, #28 Exhibit 85, #29 Exhibit 86, #30 Exhibit 89) (Cadle, Jeffrey) Modified on 4/3/2017. (cel)
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Filing 225
BRIEF in Support re #224 Motion to Certify Class filed by ERIC BOYINGTON. (Cadle, Jeffrey) Modified on 4/3/2017. (cel)
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Filing 224
MOTION to Certify Class by ERIC BOYINGTON. Responses due by 8/30/2017 (Attachments: #1 Proposed Order, #2 Exhibit A - Declaration of Eric Boyington, #3 Exhibit B - Declaration of Stephen Holesko, #4 Exhibit C - Declaration of John C. Hubbs, #5 Exhibit D - Declaration of Tammy McGill-Hoyt, #6 Exhibit E - Declaration of Jan Jones, #7 Exhibit F - Declaration of Adam Nees, #8 Exhibit G - Declaration of Dale Mouton, #9 Exhibit H - Declaration of Dale Humphrey, #10 Exhibit I - Declaration of Donna Stephens, #11 Exhibit J - Declaration of Jack Scanlan, #12 Exhibit K - Declaration of John Stewart, #13 Exhibit L - Declaration of Wendell Dusty Stephens, #14 Exhibit M - Declaration of Richard Drogin, #15 Exhibit N - Declaration of Jeffrey Cadle, #16 Exhibit O - Declaration of Joseph H. Chivers, #17 Exhibit P - Declaration of Bruce Fox, #18 Exhibit Q - Excerpts of Percheron 30(b)(6) Deposition Transcript, #19 Exhibit R - Excerpts of Mark McConnell Deposition Transcript, #20 Exhibit S - Excerpts of Shannon Gwin Deposition Transcript, #21 Exhibit T - Excerpts of Scott Gwin Deposition Transcript, #22 Exhibit U - Excerpts of Ana Rausch Deposition Transcript, #23 Exhibit V - Excerpts of Dilnar Menesse Deposition Transcript, #24 Exhibit W - Excerpts of Gene McDowell Deposition Transcript, #25 Exhibit X - Excerpts of Karen McMillin Deposition Transcript, #26 Exhibit Y - Excerpts of Bart Mitchell Deposition Transcript) (Cadle, Jeffrey)
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Filing 223
REPLY BRIEF re #220 Brief in Opposition to #214 Motion to Dismiss filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A) (Weimer, Jill) Modified on 2/9/2017. (cel)
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Filing 222
ORDER OF COURT granting #221 Motion for Leave to File Reply. Defendant shall file its reply brief within seven (7) days from the date of this Order. Signed by Judge Kim R. Gibson on 2/1/2017. (dlg)
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Filing 221
MOTION for Leave to File Reply by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Fink, Brittany)
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Filing 220
BRIEF in Opposition re #214 Motion to Dismiss Jeremy Scott Riley and John Stewart filed by ERIC BOYINGTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Fox, Bruce)
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Filing 219
REPLY BRIEF re #213 Motion to Compel Production of Documents filed by ERIC BOYINGTON. (Attachments: #1 Exhibit A) (Fox, Bruce)
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Filing 218
ORDER OF COURT granting #217 Motion for Leave to File Reply Brief in Support of Plaintiffs' #213 Motion to Compel Production of Documents. Plaintiffs shall file their reply brief by 1/6/2017. Signed by Judge Kim R. Gibson on 1/3/2017. (dlg) Modified on 1/4/2017. (cel)
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Filing 217
MOTION for Leave to File Reply Brief in Support of Plaintiffs' #213 Motion to Compel Production of Documents by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Cadle, Jeffrey) Modified on 1/4/2017. (cel)
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Filing 216
BRIEF in Opposition re #213 Motion to Compel filed by PERCHERON FIELD SERVICES, LLC. (Weimer, Jill)
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Filing 215
BRIEF in Support re #214 Motion to Dismiss Jeremy Scott Riley and John Stewart filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Weimer, Jill)
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Filing 214
MOTION to Dismiss Jeremy Scott Riley and John Stewart by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Weimer, Jill)
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Filing 213
MOTION to Compel Production of Documents by ERIC BOYINGTON. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Fox, Bruce)
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Filing 212
ORDER OF COURT granting #211 Consent Motion for Authorization of Disclosure of Cellular Telephone Records. Pursuant to 18 Pa. C.S. 5742(c)(2)(iv), AT&T Wireless is authorized and directed to provide any and all cellular telephone records requested by Plaintiffs for Herman Bandy, Robert Bush, Shelby Dickson, Stephen Holesko, Daniel Lawrence, Barbara Parlow, Jeremy Scott Riley, Clovis Rushing, Jeannie Rushing, and Jeff Scanlan. Signed by Judge Kim R. Gibson on 12/8/2016. (dlg)
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Filing 211
Consent MOTION for Authorization of Disclosure of Cellular Telephone Records by ERIC BOYINGTON. (Attachments: #1 Proposed Order, #2 Exhibit A) (Cadle, Jeffrey)
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Filing 210
Appendix to #209 Reply by ERIC BOYINGTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Fox, Bruce)
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Filing 209
REPLY to #206 Concise Statement of Material Facts, filed by ERIC BOYINGTON. (Fox, Bruce)
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Filing 208
REPLY BRIEF re #193 Motion for Partial Summary Judgment filed by ERIC BOYINGTON. (Fox, Bruce)
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Filing 207
Appendix to #206 Concise Statement of Material Facts by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Weimer, Jill)
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Filing 206
CONCISE STATEMENT OF MATERIAL FACTS re #205 Brief in Opposition to Motion by PERCHERON FIELD SERVICES, LLC. (Weimer, Jill)
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Filing 205
BRIEF in Opposition re #193 Motion for Partial Summary Judgment filed by PERCHERON FIELD SERVICES, LLC. (Weimer, Jill)
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Filing 204
ORDER granting #201 Motion to Withdraw as Attorney. Attorney Zachary K. Warren terminated. Signed by Judge Kim R. Gibson on 11/1/2016. (dlg)
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Filing 203
CASE MANAGEMENT ORDER: Plaintiffs shall complete all depositions pertinent to any further dispositive motion as well as their Motion for Class Certification by 3/1/2017. Defendant shall complete the discovery of the named and opt-in Plaintiffs and any other witnesses who submit evidence in support of Plaintiffs' Motion for Class Certification by 8/16/2017. The parties will serve any Requests for Admission on or before 1/31/2017. Plaintiffs' expert reports in support of class certification are due by 3/31/2017. Defendant's rebuttal expert reports, if any, in opposition to class certification are due by 6/1/2017. The parties shall complete expert discovery on class certification by 8/1/2017. A Post-Discovery Status Conference is scheduled for 10/13/2017, at 10:00 a.m. before Judge Kim R. Gibson, and as more fully stated in said Case Management Order. Signed by Judge Kim R. Gibson on 11/1/2016. (dlg)
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Filing 202
Minute Entry for proceedings held before Judge Kim R. Gibson: A Discovery Status Conference was held with Plaintiffs' counsel appearing in person and Defendant's counsel appearing telephonically on 10/31/2016. The Court explained that it had scheduled the conference to enter a final case-management schedule and noted that counsel had filed a joint stipulation as to the deadlines. The Court noted further that counsel agreed on most deadlines, but disagreed on three issues. Specifically, counsel disagreed on (1) whether the scope of the remaining fact-discovery period allowed for Requests for Admission; (2) the deadline for Defendant's rebuttal expert reports, and (3) the deadline for expert discovery on class certification. The Court reviewed these three disagreements and heard from counsel on each disputed issue. Counsel reached an agreement on the deadline for Defendant's rebuttal expert reports during the conference; counsel agreed on June 1, 2016. The Court stated it would take the remaining issues under advisement and enter a final scheduling order shortly, and as more fully stated in said Conference Memo. (Court Reporter: Kimberly Spangler) (dlg)
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Filing 201
MOTION to Withdraw as Attorney by ERIC BOYINGTON, MARY BETH GARNER, JOHN HUBBS, JAYME ROWE, TONJA TUCKER, LESLIE WELDEN, BRADLEY WRIGHT. (Attachments: #1 Proposed Order) (Warren, Zachary)
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Filing 200
STIPULATION re #192 Case Management Order by PERCHERON FIELD SERVICES, LLC. (Pritchard, Robert)
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Filing 199
TRIAL BRIEF regarding Preliminary Proposed Trial Plan by ERIC BOYINGTON. (Fox, Bruce)
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Filing 198
NOTICE of Appearance by Brittany A. Fink on behalf of PERCHERON FIELD SERVICES, LLC. (Fink, Brittany)
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Filing 197
Proposed Order re #193 Motion for Partial Summary Judgment by ERIC BOYINGTON. (Fox, Bruce)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #193 Motion for Partial Summary Judgment. ERROR: Proposed Order 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. This message is for informational purposes only. (cel)
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Filing 196
Appendix to #193 Motion for Partial Summary Judgment by ERIC BOYINGTON. (Attachments: #1 Exhibit A) (Fox, Bruce)
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Filing 195
CONCISE STATEMENT OF MATERIAL FACTS re #193 Motion for Partial Summary Judgment by ERIC BOYINGTON. (Fox, Bruce)
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Filing 194
BRIEF in Support re #193 Motion for Partial Summary Judgment filed by ERIC BOYINGTON. (Fox, Bruce)
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Filing 193
MOTION for Partial Summary Judgment by ERIC BOYINGTON. (Fox, Bruce)
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Filing 192
SCHEDULING ORDER - Discovery Status Conference is scheduled for October 31, 2016 at 1:30 p.m., and as more fully stated in said Scheduling Order. Signed by Judge Kim R. Gibson on 10/14/2016. (krh)
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Filing 191
MEMORANDUM OPINION AND ORDER granting in part and denying in part #176 Motion to Compel, and as more fully stated in said Memorandum Opinion. Signed by Judge Kim R. Gibson on 10/14/2016. (krh)
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Filing 190
RESPONSE IN OPPOSITION to #189 Brief in Support of #163 Motion for Extension of Time to Complete Discovery, Motion for Extension of Time to File, Motion to Compel, Motion for Protective Order, filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Miley, Sarah) Modified on 9/19/2016. (cel)
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Filing 189
BRIEF in Support re #163 Motion for Extension of Time to Complete Discovery, Motion for Extension of Time to File, Motion to Compel, Motion for Protective Order filed by ERIC BOYINGTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Fox, Bruce) Modified on 9/1/2016. (cel)
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Filing 188
ORDER OF COURT granting #185 Motion for Leave to File Supplemental Brief in Support of Plaintiffs' Omnibus Motion to Extend Discovery, for Protective Order, and to Compel Access to Database. Plaintiffs are to file their proposed Supplemental Brief within 24 hours. Defendant is granted leave to file a brief in response within 14 days of the date of this Order. Signed by Judge Kim R. Gibson on 8/30/2016. (dlg)
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Filing 187
RESPONSE IN OPPOSITION to #185 Motion for Leave to File Supplemental Brief in Support of Plaintiff's #163 Omnibus Motion filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A) (Miley, Sarah) Modified on 9/1/2016. (cel)
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Filing 186
Sur-Reply in Opposition to #176 Motion to Compel filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Miley, Sarah) Modified on 9/1/2016. (cel)
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Filing 185
MOTION for Leave to File Supplemental Brief by ERIC BOYINGTON. (Attachments: #1 Proposed Supplemental Brief, #2 Proposed Order) (Fox, Bruce)
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Filing 184
ORDER granting #183 Motion for Leave to File Sur-Reply. Defendant's sur-reply shall not exceed ten (10) pages, and shall be submitted within 10 days from the date of this Order. Signed by Judge Kim R. Gibson on 8/16/2016. (dlg)
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Filing 183
MOTION for Leave to File Sur-Reply by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Miley, Sarah) Modified on 8/16/2016. (cel)
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Filing 182
REPLY to Response to Motion re #176 Motion to Compel, filed by ERIC BOYINGTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Fox, Bruce)
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Filing 181
ORDER OF COURT granting #180 Motion for Leave to File Reply in Support of Plaintiffs' #176 Motion to Compel Production of Documents. Plaintiffs are to file their proposed Reply within twenty-four hours. Signed by Judge Kim R. Gibson on 8/12/2016. (dlg) Modified on 8/15/2016. (cel)
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Filing 180
MOTION for Leave to File Reply in Support of Plaintiffs' #176 Motion to Compel Production of Documents by ERIC BOYINGTON. (Attachments: #1 Proposed Reply, #2 Proposed Order) (Fox, Bruce) Modified on 8/15/2016. (cel)
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Filing 179
NOTICE of Appearance by Jeffrey B. Cadle on behalf of ERIC BOYINGTON. (Cadle, Jeffrey)
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NOTICE Cancelling Hearing: Post-Discovery Status Conference scheduled for 8/12/2016 is cancelled. Pursuant to the Court's Order, Docket Entry No. #174 , the Post-Discovery Status Conference will be rescheduled. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlg)
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Filing 178
RESPONSE IN OPPOSITION to Plaintiff's #176 Motion to Compel filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Miley, Sarah) Modified on 8/9/2016. (cel)
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Filing 177
DECLARATION re #176 MOTION to Compel Production of Documents by ERIC BOYINGTON Affiant: Joseph H. Chivers. (Fox, Bruce)
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Filing 176
MOTION to Compel Production of Documents by ERIC BOYINGTON. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H) (Fox, Bruce)
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Filing 175
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT Proceedings held on 07/13/2016 before Judge Gibson. Court Reporter Kimberly R. Spangler, RPR, RMR, Telephone number 814-536-9999. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 7/21/2016. Redaction Request due 8/4/2016. Redacted Transcript Deadline set for 8/15/2016. Release of Transcript Restriction set for 10/12/2016. (kks, )
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Filing 174
ORDER - it is hereby Ordered as follows: Plaintiffs' motions to extend fact discovery and to extend the deadline for the filing of the motion for class certification are GRANTED, pursuant to the following schedule: Motions to compel discovery shall be filed by either party on or before July 22, 2016, and responses from the opposing party shall be filed on or before August 5, 2016; Included in the Court's order on the motion(s) to compel, the Court will include a scheduling order regarding the Plaintiffs' deposition of Defendant pursuant to Federal Rule of Civil Procedure 30(b)(6), as well as other depositions that Plaintiffs plan to take, and a fact discovery deadline as well as to what discovery will be permitted during the extended period; Also included in the Court's order on the motion(s) to compel will be a deadline for the filing of Plaintiffs' motion for class certification; The Court encourages the parties to reach agreement concerning the scheduling of depositions of Plaintiffs by Defendant, but to the extent they are unable to do so, also included in the Court's order on the motion(s) to compel will be a scheduling order regarding depositions by Defendant of Plaintiffs; The Court will render a decision on the pending motion to compel access to the rowAMPS database concurrently with its decision on the motion(s) to compel that will be filed by the parties on or before July 22, 2016; and The Court GRANTS Plaintiffs' request to pursue expert discovery as follows: Plaintiffs will be permitted to pursue expert discovery, subject to Defendant's ability to raise objections to the use of expert testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Federal Rule of Evidence 702, which may be raised at any time including as part of Defendant's opposition to Plaintiffs' motion for class certification if that motion relies upon expert testimony. The deadline for the close of expert discovery will be included in the Court's order on the motion(s) to compel that shall be filed on or before July 22, 2016. Signed by Judge Kim R. Gibson on 7/14/2016. (dlg)
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Filing 173
Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held oral argument on Plaintiffs' Omnibus Motion to Extend Discovery, for Protective Order, and to Compel Access to Database (ECF No. #163 ), on 7/13/2016. After counsel entered their appearances, the Court outlined the key issues raised in Plaintiffs' motion, and requested that counsel address them in turn, and as more fully stated in said Hearing Memo. (Court Reporter: Kimberly Spangler) (dlg)
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Filing 172
REPLY to Response to Motion re #165 Response to Motion, filed by ERIC BOYINGTON. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fox, Bruce)
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Filing 171
ORDER re #168 Stipulated Protective Order Regarding Collection and Use of Plaintiffs' Mobile Telephone Records filed by ERIC BOYINGTON - said Stipulated Protective Order IS SO ORDERED. Signed by Judge Kim R. Gibson on 7/13/2016. (dlg)
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Filing 170
ORDER OF COURT granting #169 Motion for Leave to File Reply in Support of Plaintiffs' Omnibus Motion to Extend Discovery, for Protective Order, and to Compel Access to Database. Plaintiffs are to file their proposed Reply on 7/13/2016. Signed by Judge Kim R. Gibson on 7/13/2016. (dlg)
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Filing 169
MOTION for Leave to File Reply by ERIC BOYINGTON. (Attachments: #1 Proposed Reply, #2 Proposed Order) (Fox, Bruce)
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Filing 168
STIPULATED PROTECTIVE ORDER REGARDING COLLECTION AND USE OF PLAINTIFFS MOBILE TELEPHONE RECORDS by ERIC BOYINGTON. (Fox, Bruce)
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NOTICE of Hearing: Oral Argument on Plaintiffs' #163 Omnibus Motion to Extend Discovery, for Protective Order, and to Compel Access to Database is set for 7/13/2016, at 1:00 PM in Courtroom A - Johnstown before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg) Modified on 7/12/2016. (cel)
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Filing 167
DECLARATION re #165 Response to Motion, by PERCHERON FIELD SERVICES, LLC. (Miley, Sarah)
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Filing 166
DECLARATION re #165 Response to Motion, by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A) (Miley, Sarah)
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Filing 165
RESPONSE to Motion re #163 MOTION for Extension of Time to Complete Discovery MOTION for Extension of Time to File Dispositive Motions and Motion for Class Certification MOTION to Compel Access to Database MOTION for Protective Order filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Miley, Sarah)
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Filing 164
BRIEF in Support re #163 Motion for Extension of Time to Complete Discovery, Motion for Extension of Time to File, Motion to Compel, Motion for Protective Order filed by ERIC BOYINGTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Fox, Bruce) Modified on 6/20/2016. (cel)
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Filing 163
MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File Dispositive Motions and Motion for Class Certification, MOTION to Compel Access to Database , MOTION for Protective Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Fox, Bruce)
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Filing 162
NOTICE of Appearance by Christopher Michalski on behalf of PERCHERON FIELD SERVICES, LLC. (Michalski, Christopher)
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Filing 161
CONSENT TO OPT IN as a class member by John Stewart. (Chivers, Joseph)
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Filing 160
CONSENT TO OPT IN as a class member by Jeremy Scott Riley. (Chivers, Joseph)
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CLERK'S ENTRY OF JUDGMENT as to #156 Notice of Acceptance with Offer of Judgment in favor of JAYME ROWE against PERCHERON FIELD SERVICES, LLC in the amount of $2,000.00. (cel) Modified on 6/20/2016. (cel)
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CLERK'S ENTRY OF JUDGMENT as to #155 Notice of Acceptance with Offer of Judgment in favor of JOHN HUBBS against PERCHERON FIELD SERVICES, LLC in the amount of $5,500.00. (cel) Modified on 6/20/2016. (cel)
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CLERK'S ENTRY OF JUDGMENT as to #157 Notice of Acceptance with Offer of Judgment in favor of TONJA TUCKER against PERCHERON FIELD SERVICES, LLC in the amount of $3,000.00. (cel) Modified on 6/20/2016. (cel)
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CLERK'S ENTRY OF JUDGMENT as to #158 Notice of Acceptance with Offer of Judgment in favor of LESLIE WELDEN against PERCHERON FIELD SERVICES, LLC in the amount of $10,000.00. (cel)
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CLERK'S ENTRY OF JUDGMENT as to #159 Notice of Acceptance with Offer of Judgment in favor of BRADLEY WRIGHT against PERCHERON FIELD SERVICES, LLC in the amount of $10,000.00. (cel)
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CLERK'S ENTRY OF JUDGMENT as to #154 Notice of Acceptance with Offer of Judgment in favor of MARY BETH GARNER against PERCHERON FIELD SERVICES, LLC in the amount of $7,000.00. (cel) Modified on 6/20/2016. (cel)
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Filing 159
NOTICE of Acceptance with Offer of Judgment by ERIC BOYINGTON (Plaintiff Bradley Wright) (Chivers, Joseph)
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Filing 158
NOTICE of Acceptance with Offer of Judgment by ERIC BOYINGTON (Plaintiff Leslie Welden) (Chivers, Joseph)
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Filing 157
NOTICE of Acceptance with Offer of Judgment by ERIC BOYINGTON (Plaintiff Tonja Tucker) (Chivers, Joseph)
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Filing 156
NOTICE of Acceptance with Offer of Judgment by ERIC BOYINGTON (Plaintiff Jayme Rowe) (Chivers, Joseph)
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Filing 155
NOTICE of Acceptance with Offer of Judgment by ERIC BOYINGTON (Plaintiff John Hubbs) (Chivers, Joseph)
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Filing 154
NOTICE of Acceptance with Offer of Judgment by ERIC BOYINGTON (Plaintiff Mary Beth Garner) (Chivers, Joseph)
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Filing 153
NOTICE Certificate of Destruction by PERCHERON FIELD SERVICES, LLC (Miley, Sarah)
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Filing 152
MEMORANDUM OPINION AND ORDER granting in part and denying in part #145 Motion for Sanctions, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 5/12/2016. (dlg)
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Filing 151
REPLY to Response to Motion re #145 Motion for Sanctions filed by ERIC BOYINGTON. (Attachments: #1 Affidavit Declaration of Bruce C. Fox, Esq.) (Fox, Bruce)
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Filing 150
ORDER granting #149 Motion for Leave to File Reply in Support of Emergency Motion for Sanctions. Plaintiffs are to file their proposed Reply within twenty-four hours. Signed by Judge Kim R. Gibson on 5/9/2016. (dlg)
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Filing 149
MOTION for Leave to File Reply in Support of #145 Emergency Motion for Sanctions by ERIC BOYINGTON. (Attachments: #1 Proposed Order, #2 Exhibit Proposed Reply, #3 Exhibit Declaration of Bruce C. Fox, Esquire) (Fox, Bruce) Modified on 5/5/2016. (cel)
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Filing 148
STIPULATION of Dismissal of opt-in Plaintiffs Lee Anderson, Susan Anderson, William Davidson, Robert Embry, Scott Harris, Luke Pepper, Bart Pyle, and Gary Welsh by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Fox, Bruce)
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Filing 147
ORDER - upon consideration of Representative Plaintiff Boyington's Emergency Motion for Sanctions (ECF No. #145 ), IT IS HEREBY ORDERED that Defendant shall be given ten days from the date of this Order to file a response, if any, to Representative Plaintiff's motion. Signed by Judge Kim R. Gibson on 5/3/2016. (dlg)
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Filing 146
RESPONSE to Motion re #145 Emergency MOTION for Sanctions filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Declaration) (Miley, Sarah)
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Filing 145
Emergency MOTION for Sanctions by ERIC BOYINGTON. (Attachments: #1 Proposed Order, #2 Exhibit A) (Fox, Bruce)
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Filing 144
STIPULATION of Dismissal of Claims of Opt-In Plaintiff Joel Richardson, Sr., with Prejudice by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 143
STIPULATION of Dismissal of Claims of Opt-In Plaintiff Dennis Allen with Prejudice by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 142
STIPULATION of Dismissal of Claims of Opt-In Plaintiff Jay Stadick with Prejudice by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 141
MEMORANDUM OPINION AND ORDER - upon consideration of Defendant's Motion for Reconsideration or, in the alternative, for Permission to File an Interlocutory Appeal (ECF No. #111 ), and for the reasons set forth in the accompanying memorandum, it is hereby Ordered that Defendant's motion is DENIED, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 3/24/2016. (dlg)
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Filing 140
ORDER granting #139 Joint Motion for Extension of Deadlines. Dispositive motions (including Plaintiffs' Motion for Class Certification) shall be filed byJune 20, 2016. Responses to any such motions shall be filed by July 11, 2016. The parties shall complete all fact discovery, including for the individual Plaintiffs as well as for final class certification (under 216(b) and Rule 23), by July 20, 2016. The post-discovery status is rescheduled for August 12, 2016, at 1:30 p.m. Signed by Judge Kim R. Gibson on 3/17/2016. (dlg)
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Filing 139
Joint MOTION to Extend Time to Complete Deadlines by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 138
NOTICE of Appearance by Andrew J. Horowitz on behalf of ERIC BOYINGTON. (Horowitz, Andrew)
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Filing 137
NOTICE of Appearance by Bruce C. Fox on behalf of ERIC BOYINGTON. (Fox, Bruce)
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Filing 136
AMENDED ANSWER to #36 Answer to Amended Complaint, Counterclaim by PERCHERON FIELD SERVICES, LLC. (Miley, Sarah)
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Filing 135
ORDER OF COURT granting #134 Consent Motion for Leave to Amend Answer. Defendant is directed to file the Amended Answer attached as Exhibit A to Defendant's motion for leave as a separate docket entry. Signed by Judge Kim R. Gibson on 1/13/2016. (dlg)
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Filing 134
Consent MOTION to Amend/Correct #36 Answer to Amended Complaint, Counterclaim by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order) (Miley, Sarah)
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Filing 133
ORDER granting #132 Motion to Withdraw as Attorney. Attorney Jeffrey W. Chivers terminated. Signed by Judge Kim R. Gibson on 1/7/2016. (dlg)
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Filing 132
MOTION to Withdraw as Attorney by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Jeffrey)
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Filing 131
REPORT of Mediation: Case has not been resolved. SALLY GRIFFITH CIMINI terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 12/1/2015. (Cimini, Sally)
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Filing 130
ORDER re #129 Stipulated Protective Order filed by PERCHERON FIELD SERVICES, LLC. And as more fully stated in said Order. Signed by Judge Kim R. Gibson on 12/29/15. (cel)
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Filing 129
STIPULATED PROTECTIVE ORDER by PERCHERON FIELD SERVICES, LLC. (Weimer, Jill)
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Filing 128
CONSENT TO OPT IN as a class member by Parlow, Barbara; Parlow, Lowell. (Chivers, Joseph)
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Filing 127
CONSENT TO OPT IN as a class member by Christina Kibel. (Chivers, Joseph)
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Filing 126
CONSENT TO OPT IN as a class member by Allen, Dennis; Jakeway, Greg; Mouton, Dale. (Chivers, Joseph)
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Filing 125
CONSENT TO OPT IN as a class member by Hilberto Trinidad. (Chivers, Joseph)
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Filing 124
CONSENT TO OPT IN as a class member by Porter, Eliott; Pepper, Luke; Welden, Leslie; Hubbs, John. (Chivers, Joseph)
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Filing 123
CONSENT TO OPT IN as a class member by Pyle, Bart; Bush, Robert; Wright, J. Bradley. (Chivers, Joseph)
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Filing 122
CONSENT TO OPT IN as a class member by Dickson, Shelby; Singleton, Dianne. (Chivers, Joseph)
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Filing 121
CONSENT TO OPT IN as a class member by Nees, Adam; Rowe, Jayme; Welsh, Gary. (Chivers, Joseph)
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Filing 120
ORDER granting #118 Motion for Entry of an Amended Case Management Order. The parties shall complete all fact discovery for Conditional Certification under 216(b) by 10/15/2015; and, all fact discovery, including for the individual Plaintiff(s) as well as for final class certification (under 216(b) and Rule 23) by 3/18/2016. A Post-Discovery Status Conference is scheduled for 4/20/2016, at 9:30 a.m., and as more fully stated in said Amended Case Management Order. Signed by Judge Kim R. Gibson on 10/15/2015. (dlg)
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Filing 119
CONSENT TO OPT IN as a class member by Wallenbeck, Brian; Davidson, William; Lawrence, Daniel; Tenny, Richard; Pepper, Jeff. (Chivers, Joseph)
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Filing 118
Joint MOTION for Entry of Amended Case Management Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 117
Notice of Mediation by SALLY GRIFFITH CIMINI. Mediation Date December 1, 2015 / 10 AM (Cimini, Sally)
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Filing 116
CONSENT TO OPT IN as a class member by Embry, Robert; Stephens, Donna; Ferguson, Vic; Richardson, Jr., Joel; Srednicki, Erica; Stephens, Wendell; Harris, Scott; Bandy, Herman. (Chivers, Joseph)
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Filing 115
CONSENT TO OPT IN as a class member by Richardson, Joel; Foster, Jess; Arrington, Jeffrey; Tucker, Tonja; Powell, Richard; Stadick, Jay; Rushing, Clovis; Rushing, Jeannie. (Chivers, Joseph)
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Filing 114
ORDER granting #110 Joint Motion for Approval of Court-Facilitated Notice. Signed by Judge Kim R. Gibson on 8/26/2015. (dlg)
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Filing 113
RESPONSE to Motion re #111 MOTION for Reconsideration or, in the Alternative, MOTION for Leave to File Interlocutory Appeal filed by ERIC BOYINGTON. (Attachments: #1 Exhibit A) (Chivers, Joseph) Modified on 8/4/2015. (cel)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #111 Motion for Reconsideration. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney is advised that, in the future, Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for Leave to File. This message is for informational purposes only. (cel)
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Filing 112
BRIEF in Support re #111 Motion for Reconsideration, or, in the Alternative, Permission to File Interlocutory Appeal filed by PERCHERON FIELD SERVICES, LLC. (Pritchard, Robert)
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Filing 111
MOTION for Reconsideration or, in the Alternative, MOTION for Leave to File Interlocutory Appeal by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order Granting Motion for Reconsideration, #2 Proposed Order Granting Motion for Permission to File Interlocutory Appeal) (Pritchard, Robert). Added MOTION for Leave to File on 7/14/2015 (cel).
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Filing 110
Joint MOTION for Approval of Court-Facilitated Notice by ERIC BOYINGTON, PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order) (Chivers, Joseph)
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Filing 109
CONSENT TO OPT IN as a class member by Patrick J. Stewart. (Chivers, Joseph)
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Filing 108
ORDER granting #83 Motion to Compel Discovery. Defendant shall provide answers to the First Set of Interrogatories (dated October 6, 2014) and the First Request for the Production of Documents (dated October 6, 2014) no later than 7/20/2015. It is further ordered that Defendant, in regard to the Amended Notice of Rule 30(b)(6) Deposition (dated October 7, 2014), shall make the designations required by Rule 30(b)(6) no later than 7/20/2015 and, through its agents so designated, shall appear for a Rule 30(b)(6) deposition on or before 7/31/2015. Signed by Judge Kim R. Gibson on 7/1/2015. (dlg)
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Filing 107
AMENDED INITIAL SCHEDULING ORDER: Amended Pleadings due by 7/30/2015. Joinder of Parties due by 7/30/2015. The parties shall complete all fact discovery for Conditional Certification under 216(b) by 10/15/2015; and, all fact discovery, including for the individual Plaintiff(s) as well as for final class certification (under 216(b) and Rule 23) by 12/15/2015. A Post-Discovery Status Conference is set for 2/3/2016, at 1:30 PM before Judge Kim R. Gibson, and as more fully stated in said Amended Initial Scheduling Order. Signed by Judge Kim R. Gibson on 6/29/2015. (dlg)
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Filing 106
CONSENT TO OPT IN as a class member by Susan Anderson. (Chivers, Joseph)
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Filing 105
CONSENT TO OPT IN as a class member by Lee Anderson. (Chivers, Joseph)
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Filing 104
NOTICE of Appearance by Jeffrey W. Chivers on behalf of ERIC BOYINGTON. (Chivers, Jeffrey)
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Filing 103
NOTICE of Appearance by Zachary K. Warren on behalf of ERIC BOYINGTON. (Warren, Zachary)
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Filing 102
ORDER denying as moot #82 Motion for Leave to File Reply. Signed by Judge Kim R. Gibson on 6/15/2015. (dlg)
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Filing 101
ORDER denying #80 Motion for Protective Order because Defendant's Motion to Enforce Settlement Agreement has been denied. Signed by Judge Kim R. Gibson on 6/15/2015. (dlg)
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Filing 100
ORDER denying as moot #67 Motion for Leave to File Reply to Defendant's Response in Opposition to Plaintiff's Motion for Conditional Certification and Court-Facilitated Notice. Signed by Judge Kim R. Gibson on 6/15/2015. (dlg)
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Filing 99
ORDER granting #61 Motion for Leave to File Second Amended Complaint. Plaintiffs shall file their Second Amended Complaint within seven (7) days of this Order. Signed by Judge Kim R. Gibson on 6/15/2015. (dlg)
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Filing 98
ORDER granting #58 Motion for Protective Order Regulating Contact with Plaintiffs, and as more fully stated in said Protective Order. Signed by Judge Kim R. Gibson on 6/15/2015. (dlg)
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Filing 97
MEMORANDUM OPINION AND ORDER granting #45 Motion to Certify Class and to facilitate notice, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 6/15/2015. (dlg)
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Filing 96
MEMORANDUM OPINION AND ORDER denying #64 Motion to Enforce Settlement Agreement, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 6/15/2015. (dlg)
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Filing 95
NOTICE of Stay in Humphrey v. Percheron Field Servs., LLC, No. 14-6556 (E.D. Pa.) by ERIC BOYINGTON (Attachments: #1 Judge Schmehl's Order of March 11, 2015)) (Chivers, Joseph)
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NOTICE Cancelling Hearing: Post-Discovery Status Conference scheduled for 3/20/2015 is cancelled. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlg)
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Filing 94
ORDER granting #93 Motion for Extension of Time to Complete Discovery. The new discovery deadlines will be established in a new Case Management Order to be issued upon resolution of the Motions currently before this Court. Signed by Judge Kim R. Gibson on 2/13/2015. (dlg)
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Filing 93
MOTION for Extension of Time to Complete Discovery Pending Issuance of a New Case Management Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 92
CONSENT TO OPT IN as a class member by Jeff Scanlan. (Chivers, Joseph)
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Filing 91
REPLY to Response to Motion re #83 Motion to Compel, filed by ERIC BOYINGTON. (Chivers, Joseph)
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Filing 90
ORDER granting #88 Motion for Leave to File Reply to Defendant's #87 Response to Plaintiff's #83 Motion to Compel. Plaintiff's Reply due by 1/5/2015. Signed by Judge Kim R. Gibson on 12/29/14. (jjg)
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Filing 89
REPLY to #68 Response to Motion, filed by PERCHERON FIELD SERVICES, LLC. (Pritchard, Robert)
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Filing 88
MOTION for Leave to File Reply to Defendant's #87 Response to Plaintiff's #83 Motion to Compel by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph) Modified on 1/5/2015. (cel)
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Filing 87
RESPONSE IN OPPOSITION to #83 Motion to Compel filed by PERCHERON FIELD SERVICES, LLC. (Miley, Sarah) Modified on 12/24/2014. (cel)
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Filing 86
ORDER granting #72 Motion for Leave to File, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 12/19/2014. (krh)
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Filing 85
REPLY to Response to Motion re #74 Brief in Opposition to Motion, #61 Motion for Leave to File Second Amended Complaint filed by ERIC BOYINGTON. (Chivers, Joseph)
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Filing 84
REPLY to Response to Motion re #75 Brief in Opposition to Motion, #58 Motion for Protective Order filed by ERIC BOYINGTON. (Chivers, Joseph)
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Filing 83
MOTION to Compel Discovery by ERIC BOYINGTON. (Attachments: #1 Exhibit 1 (Interrogatories), #2 Exhibit 2 (Document Requests), #3 Exhibit 3 (Notice of Rule 30(b)(6) Deposition), #4 Exhibit 4 (Correspondence), #5 Exhibit 5 (Correspondence), #6 Exhibit 6 (Correspondence), #7 Exhibit 7 (Correspondence), #8 Exhibit 8 (Correspondence), #9 Exhibit 9 (Certification), #10 Proposed Order) (Chivers, Joseph)
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Filing 82
MOTION for Leave to File Reply to Plaintiff's #81 Response to #80 Motion for Protective Order by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Weimer, Jill) Modified on 12/17/2014. (cel)
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Filing 81
RESPONSE to Motion re #80 MOTION for Protective Order to Stay Discovery Pending Disposition of #64 Motion to Enforce Settlement filed by ERIC BOYINGTON. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Chivers, Joseph) Modified on 12/17/2014. (cel )
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Filing 80
MOTION for Protective Order to Stay Discovery Pending Disposition of #64 Motion to Enforce Settlement by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit A (Interrogatories), #2 Exhibit B (Request for Production), #3 Exhibit C (Notice of Deposition), #4 Proposed Order) (Pritchard, Robert) Modified on 12/17/2014. (cel)
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Filing 79
ORDER granting #77 Motion for Leave to File Reply to Defendant's Memorandum in Opposition to Plaintiff's Motion for Protective Order. Plaintiff must file his Reply, not to exceed 5 pages, on or before 12/18/2014. There are no other changes to the current Case Management Order. Signed by Judge Kim R. Gibson on 12/8/2014. (dlg)
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Filing 78
ORDER granting #76 Motion for Leave to File Reply to Defendant's Brief in Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint. Plaintiff must file his Reply, not to exceed 5 pages, on or before 12/18/2014. There are no other changes to the current Case Management Order. Signed by Judge Kim R. Gibson on 12/8/2014. (dlg)
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Filing 77
MOTION for Leave to File Reply to Defendant's #75 Memorandum in Opposition to Plaintiff's #58 Motion for Protective Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph) Modified on 12/8/2014. (cel)
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Filing 76
MOTION for Leave to File Reply to Defendant's #74 Brief in Opposition to Plaintiff's #61 Motion for Leave to File Second Amended Complaint by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph) Modified on 12/8/2014. (cel)
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Filing 75
BRIEF in Opposition re #58 Motion for Protective Order filed by PERCHERON FIELD SERVICES, LLC. (Pritchard, Robert)
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Filing 74
BRIEF in Opposition re #61 Motion for Leave to File Second Amended Complaint filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit 1 (EDPA Complaint in Humphrey v. Percheron)) (Pritchard, Robert)
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Filing 73
AFFIDAVIT re #45 MOTION to Certify Class Conditionally and To Facilitate Notice, #1 Complaint, #32 Amended Complaint (Confirmation of Written Consent) by ERIC BOYINGTON Affiant: Eric Boyington. (Chivers, Joseph)
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Filing 72
MOTION for Leave to File Reply to Plaintiff's #68 Response to Defendant's #64 Motion to Enforce Settlement Agreement by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Miley, Sarah) Modified on 11/24/2014. (cel)
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Filing 71
DECLARATION re #68 Response to Motion by ERIC BOYINGTON Affiant: Joseph H. Chivers. (Attachments: #1 Exhibit 1 - Mutual Arbitration Agreement) (Chivers, Joseph)
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Filing 70
DECLARATION re #68 Response to Motion by ERIC BOYINGTON Affiant: Tammy McGill-Hoyt. (Chivers, Joseph)
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Filing 69
DECLARATION re #68 Response to Motion by ERIC BOYINGTON Affiant: Eric Boyington. (Chivers, Joseph)
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Filing 68
RESPONSE to Motion re #64 MOTION to Enforce Settlement Agreement filed by ERIC BOYINGTON. (Chivers, Joseph)
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Filing 67
MOTION for Leave to File Reply to Defendant's #66 Response in Opposition to Plaintiff's #45 Motion for Conditional Certification and Court-Facilitated Notice by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph) Modified on 11/18/2014. (cel)
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Filing 66
BRIEF in Opposition re #45 Motion to Certify Class, filed by PERCHERON FIELD SERVICES, LLC. (Pritchard, Robert)
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Filing 65
BRIEF in Support re #64 Motion to Enforce Settlement Agreement filed by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit 1 (Declaration of Asa Bowers)) (Pritchard, Robert)
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Filing 64
MOTION to Enforce Settlement Agreement by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Pritchard, Robert)
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Filing 63
ORDER granting #53 Motion to Withdraw as Attorney. Attorneys Julie A. Moore; Mario R. Bordogna and John R. Merinar terminated. Signed by Judge Kim R. Gibson on 11/12/2014. (dlg)
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Filing 62
Proposed Order re #53 Motion to Withdraw as Attorney (corrected order reflecting name change of counsel from Julie A. Arbore to Julie A. Moore) by PERCHERON FIELD SERVICES, LLC. (Arbore, Julie)
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Filing 61
MOTION for Leave to File Second Amended Complaint by ERIC BOYINGTON. (Attachments: #1 Exhibit A - Proposed SAC) (Chivers, Joseph)
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Filing 60
DECLARATION re #58 MOTION for Protective Order by ERIC BOYINGTON Affiant: Joseph H. Chivers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Chivers, Joseph)
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Filing 59
BRIEF in Support re #58 Motion for Protective Order filed by ERIC BOYINGTON. (Chivers, Joseph)
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Filing 58
MOTION for Protective Order by ERIC BOYINGTON. (Attachments: #1 Proposed Order Exhibit A - Proposed Protective Order, #2 Exhibit B - Certification iso Motion for Protective Order) (Chivers, Joseph)
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Filing 57
CONSENT TO OPT IN as a class member by Jack M. Scanlan. (Chivers, Joseph)
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Filing 56
CONSENT TO OPT IN as a class member by Jeff Peterson. (Chivers, Joseph)
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Filing 55
CONSENT TO OPT IN as a class member by Rob Nash. (Chivers, Joseph)
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Filing 54
CONSENT TO OPT IN as a class member by Dave Humphrey. (Chivers, Joseph)
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Filing 53
MOTION for John R. Merinar, Jr.; Mario R. Bordogna; and Julie A. Moore to Withdraw as Attorney by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Exhibit: Proposed Order) (Merinar, John) Modified on 11/10/2014. (cel)
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Filing 52
CONSENT TO OPT IN as a class member by Stephen Holesko. (Chivers, Joseph)
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Filing 51
CONSENT TO OPT IN as a class member by Jan Jones. (Chivers, Joseph)
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Filing 50
CONSENT TO OPT IN as a class member by Mary Beth Garner. (Chivers, Joseph)
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Filing 49
CONSENT TO OPT IN as a class member by Tammy McGill-Hoyt. (Chivers, Joseph)
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Filing 48
DECLARATION re #45 MOTION to Certify Class Conditionally and To Facilitate Notice by ERIC BOYINGTON Affiant: Jeffrey W. Chivers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Chivers, Joseph)
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Filing 47
DECLARATION re #45 MOTION to Certify Class Conditionally and To Facilitate Notice by ERIC BOYINGTON Affiant: Eric Boyington. (Chivers, Joseph)
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Filing 46
BRIEF in Support re #45 Motion to Certify Class, filed by ERIC BOYINGTON. (Chivers, Joseph)
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Filing 45
MOTION to Certify Class Conditionally and To Facilitate Notice by ERIC BOYINGTON. Responses due by 11/12/2014 (Attachments: #1 Exhibit 1 - Proposed Notice, #2 Exhibit 2 - Proposed Opt-In Consent Form, #3 Proposed Order) (Chivers, Joseph)
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Filing 44
STIPULATION of Dismissal of Counterclaim by PERCHERON FIELD SERVICES, LLC. (Weimer, Jill)
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Filing 43
NOTICE of Appearance by Sarah J. Miley on behalf of PERCHERON FIELD SERVICES, LLC. (Miley, Sarah)
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Filing 42
NOTICE of Appearance by Jill M. Weimer on behalf of PERCHERON FIELD SERVICES, LLC. (Weimer, Jill)
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Filing 41
NOTICE of Appearance by Robert W. Pritchard on behalf of PERCHERON FIELD SERVICES, LLC. (Pritchard, Robert)
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Filing 40
BRIEF in Support re #39 Motion for Judgment on the Pleadings as to the #36 Defamation Counter-Claim filed by ERIC BOYINGTON. (Chivers, Joseph) Modified on 9/30/2014. (cel)
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Filing 39
MOTION for Judgment on the Pleadings as to the #36 Defamation Counter-Claim by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph) Modified on 9/30/2014. (cel)
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Filing 38
REPORT of Early Neutral Evaluation: Case has not resolved; ENE session was held on 9/22/2014; Neutral Donald Ziegler terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (map)
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Filing 37
CERTIFICATE OF SERVICE re: Percheron Field Services, LLC's Rule 26(a)(1) Initial Disclosures by PERCHERON FIELD SERVICES, LLC (Merinar, John) Modified on 9/11/2014. (cel)
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Filing 36
ANSWER to #32 Amended Complaint with COUNTERCLAIM against PERCHERON FIELD SERVICES, LLC by PERCHERON FIELD SERVICES, LLC. (Merinar, John) Modified on 9/11/2014. (cel)
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Filing 35
Stipulation for Extension of Time to Answer by PERCHERON FIELD SERVICES, LLC. Answer due from PERCHERON FIELD SERVICES, LLC on 9/9/2014. (Arbore, Julie) Modified on 9/11/2014. (jjg)
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Filing 34
AMENDED DOCUMENT by ERIC BOYINGTON. Amendment to #33 Notice of Early Neutral Evaluation. (Chivers, Joseph)
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Filing 33
Notice of Early Neutral Evaluation by ERIC BOYINGTON. Early Neutral Evaluation Date September 16, 2014, at 10:00 A.M. (Chivers, Joseph)
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Filing 32
AMENDED COMPLAINT against PERCHERON FIELD SERVICES, LLC filed by ERIC BOYINGTON. (cel)
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Filing 31
ORDER - upon consideration of Plaintiff's motion for leave to file an amended complaint (ECF No. #30 ), and it appearing that Defendant does not object to the relief requested in this motion, and after reviewing the other pending motions in this case, it is hereby ORDERED as follows: 1) Plaintiff's motion to file an amended complaint (ECF No. #30 ) is GRANTED; 2) Plaintiff's amended complaint (ECF No. #30 -1) shall be deemed filed as of the date of this Order; 3) Plaintiff's other pending motions (ECF Nos. #17 & #18 ) are DENIED as moot; and 4) Defendant's motion to dismiss the original complaint (ECF No. #6 ) is DENIED without prejudice as moot. Defendant shall file a renewed motion to dismiss and/or all other responsive pleadings in accordance with the Federal Rules of Civil Procedure. Signed by Judge Kim R. Gibson on 8/18/2014. (dlg)
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Filing 30
Consent MOTION to File Amended Complaint by ERIC BOYINGTON. (Attachments: #1 Exhibit 1 (Amended Complaint), #2 Proposed Order) (Chivers, Joseph)
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Filing 29
ORDER - upon review of Plaintiff's #28 Motion, with Consent, for Two-Day Extension of Time to File Reply to Defendant's #22 Response to Plaintiff's #18 Motion for Leave to File Amended Complaint, it is hereby ORDERED that the Motion is GRANTED. Plaintiff's Reply shall be filed on or before 8/12/2014. Signed by Judge Kim R. Gibson on 8/11/2014. (dlg) Modified on 8/12/2014. (cel)
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Filing 28
Consent MOTION for Extension of Time to File Response/Reply as to #22 Response in Opposition to Plaintiff's Motion for Leave to File Amended Complaint by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 27
ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION - Early Neutral Evaluation. Donald Ziegler is appointed as an early neutral evaluator. The ADR Conference shall be concluded before 10/1/2014, unless extended by Order of the Court. It is the responsibility of counsel to insure that notice of the date, time and location of the mediation has been electronically filed with the Court on or before 9/1/2014, and as more fully stated in said Order Referring Case to ADR. Signed by Judge Kim R. Gibson on 8/4/2014. (dlg)
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Filing 26
INITIAL SCHEDULING ORDER: Amended Pleadings due by 9/25/2014. Joinder of Parties due by 9/25/2014. The parties shall complete all fact discovery for Conditional Certification under 216(b) by 11/15/2014; and, all fact discovery, including for the individual Plaintiff(s) as well as for final certification (under 216(b) and Rule 23) by 2/15/2015. A Post-Discovery Status Conference is set for 3/20/2015, at 10:00 AM before Judge Kim R. Gibson, and as more fully stated in said Initial Scheduling Order. Signed by Judge Kim R. Gibson on 8/4/2014. (dlg)
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CASE DESIGNATED to Track 1. (dlg)
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Filing 25
Proposed Initial Scheduling Order by ERIC BOYINGTON. (Chivers, Joseph)
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Filing 24
ORDER granting #23 Motion for Leave to File Reply to Defendant's #22 Response to Plaintiff's #18 Motion for Leave to File Amended Complaint. Plaintiff/Counterclaim Defendant must file his Reply, not to exceed six (6) pages, on or before 8/8/2014. There are no other changes to the current Case Management Order. Signed by Judge Kim R. Gibson on 7/31/2014. (dlg) Modified on 8/4/2014. (cel)
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Filing 23
MOTION for Leave to File Reply to Defendant's #22 Response to Plaintiff's #18 Motion for Leave to File Amended Complaint by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph) Modified on 7/31/2014. (cel)
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Filing 22
RESPONSE IN OPPOSITION to #18 Motion for Leave to File, filed by PERCHERON FIELD SERVICES, LLC. (Arbore, Julie)
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Filing 21
Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held an Initial Rule 16 scheduling conference on 7/24/2014. Both counsel appeared telephonically. Counsel first discussed the pending motions in this case, docketed at ECF Nos. #17 and #18 . Attorney Merinar stated that Defendant intends to file a response in opposition to Plaintiff's motion for leave to file an amended complaint (ECF No. #18 ). The parties have not filed a proposed initial scheduling order, as required by the local rules. The parties agreed to submit a proposed order no later than August 1, 2014. The parties next discussed their ADR stipulation. A deadline for ADR completion will be set for October 1, 2014. (Court Reporter: None) (dlg)
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Filing 20
STIPULATION selecting ADR process by PERCHERON FIELD SERVICES, LLC. (Bordogna, Mario)
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Filing 19
REPORT of Rule 26(f) Planning Meeting. (Bordogna, Mario)
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Filing 18
MOTION for Leave to File Amended Complaint by ERIC BOYINGTON. (Attachments: #1 Exhibit 1 (Proposed Amended Complaint), #2 Proposed Order) (Chivers, Joseph)
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Filing 17
MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss or Strike Class Allegations re #1 Complaint by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph) Modified on 7/16/2014. (cel)
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Filing 16
ANSWER to #5 Counterclaim by ERIC BOYINGTON. (Chivers, Joseph) Modified on 7/15/2014. (cel)
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Filing 15
ORDER granting #13 Motion for Extension of Time to File Response. Plaintiff's Response shall be filed on or before 7/15/2014. Signed by Judge Kim R. Gibson on 7/3/2014. (dlg)
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Filing 14
ORDER granting #12 Motion for Extension of Time to Respond to Defendant's Counterclaim. Plaintiff's Response shall be filed on or before 7/14/2014. Signed by Judge Kim R. Gibson on 7/3/2014. (dlg)
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Filing 13
Consent MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss the Complaint or Strike Class Allegations re #1 Complaint by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 12
Consent MOTION for Extension of Time to File Answer re #5 Answer to Complaint, Counterclaim filed by PERCHERON FIELD SERVICES, LLC by ERIC BOYINGTON. (Attachments: #1 Proposed Order) (Chivers, Joseph)
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Filing 11
NOTICE of Appearance by John R. Merinar on behalf of PERCHERON FIELD SERVICES, LLC. (Merinar, John)
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Filing 10
NOTICE of Appearance by Mario R. Bordogna on behalf of PERCHERON FIELD SERVICES, LLC. (Bordogna, Mario)
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Filing 9
ORDER - AN INITIAL RULE 16 CASE MANAGEMENT CONFERENCE IS SCHEDULED FOR July 24, 2014 at 11:00 a.m., and as more fully stated in said Order of Court. Signed by Judge Kim R. Gibson on 6/18/2014. (Attachments: (1) Exhibit "A" Stipulation Selecting ADR Process, (2) Exhibit "B" Fed.R.Civ.P.26(f) Report). (krh)
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Filing 8
Disclosure Statement identifying None as corporate parent or other affiliate, by PERCHERON FIELD SERVICES, LLC. (Arbore, Julie)
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Filing 7
BRIEF in Support re #6 Motion to Dismiss the #1 Complaint or Strike Class Allegations filed by PERCHERON FIELD SERVICES, LLC. (Arbore, Julie) Modified on 6/18/2014. (cel)
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Filing 6
MOTION to Dismiss the #1 Complaint or Strike Class Allegations re #1 Complaint by PERCHERON FIELD SERVICES, LLC. (Attachments: #1 Proposed Order) (Arbore, Julie) Modified on 6/18/2014. (cel)
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Filing 5
ANSWER to #1 Complaint , COUNTERCLAIM against ERIC BOYINGTON by PERCHERON FIELD SERVICES, LLC. (Arbore, Julie)
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Filing 4
SUMMONS/Return of Service Returned Executed by ERIC BOYINGTON. PERCHERON FIELD SERVICES, LLC served on 5/23/2014, answer due 6/13/2014. (Chivers, Joseph)
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Filing 3
NOTICE that the 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. (krh)
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Filing 2
Summons Issued as to *PERCHERON FIELD SERVICES, LLC* (cel)
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Filing 1
COMPLAINT against PERCHERON FIELD SERVICES, LLC (Filing fee, including Administrative fee, $400, receipt number 0315-3188329) filed by ERIC BOYINGTON. (Attachments: #1 Civil Cover Sheet, #2 Summons) (cel)
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